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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: George K. Wysong III, City Attorney klifrs,t2z- DATE: October 9, 2025 RE: City Commission Meeting — October 9, 2025 Proposed Settlement — Albert Steve Sandlin, Andrew Biess v. City of Miami, pending in the United States District Court for the Southern District of Florida Case No.: 1:25-CV-22310-MD File No.: 18202 The proposed Resolution seeks authorization for the settlement of the pending lawsuit of Albert Steve Sandlin, Andrew Biess v. City of Miami, in the amount of $45,000.00 ($22,500.00 per plaintiff), exclusive of attorneys' fees and costs, in the matter of Albert Steve Sandlin, Andrew Biess v. City of Miami, pending in the United States District Court for the Southern District of Florida. The Office of the City Attorney has investigated and evaluated this case and has approved the recommendation of this settlement. Funds in the above amount will be paid from the General Liability Account No. 50001.301001.545010.0000.00000. Attachment(s) cc. Art Noriega, V, City Manager Miriam M. Santana, Agenda Coordinator GKW/BLF City of Miami Legislation Resolution Enactment Number: R-25-0418 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18202 Final Action Date:10/9/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ALBERT STEVE SANDLIN AND ANDREW BIESS, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $45,000.00 ($22,500.00 PER PLAINTIFF), IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, EXCLUDING ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED ALBERT STEVE SANDLIN AND ANDREW BIESS V. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 1:25-CV-22310-MD, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT UNDER 42 U.S.C. § 1983 AND STATE LAW PENDING IN FEDERAL COURT AND A DISMISSAL OF THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. WHEREAS, Albert Steve Sandlin and Andrew Biess, were arrested pursuant to Section 37-6 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Aggressive or Obstructive Panhandling Ordinance"; and WHEREAS, Albert Steve Sandlin and Andrew Biess and the City of Miami ("City"), are engaged in litigation in United States District Court in the Southern District of Florida, Case No.: 1:25-CV-22310-MD concerning claims for alleged violations of Civil Rights related to same; and WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit pursuant to Sections 18-221 through 18-232 of the City Code, and recommends that said claims and lawsuit be settled for the total aggregate sum of $45,000.00 ($22,500.00 per plaintiff), excluding claims for attorneys' fees and costs; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The Director of Finance is authorized' to pay Albert Steve Sandlin and Andrew Biess, without admission of liability, the total sum of $45,000.00 ($22,500.00 per plaintiff) in full and complete settlement of any and all claims and demands, but excluding all claims for attorneys' fees and costs, against the City and its officers, agents, and employees in the case styled Albert Steve Sandlin and Andrew Biess v. City of Miami, pending in the United States District Court in the Southern District of Florida, Case No.: 1:25-CV-22310-MD, upon the 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. execution of a general release of all claims and demands brought for alleged violations of civil rights, pending in federal court and a dismissal of the City and its officers, agents, and employees with prejudice. Section 3. Funds to be allocated from Account No. 50001.301001.545010.0000.00000. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng III, C y ttor -y 9/29/2025