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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: FROM: George K. Wysong III, City Attorney kitfroe: DATE: February 26, 2026 RE: City Commission Meeting — February 26, 2026 Settlement regarding the matter of Weslyn Lewis Francois vs. City of Honorable Mayor and Members of the City Commission Miami Case No. 24-CV-23943-CMA File No.18939 The attached proposed Resolution seeks authorization for full and final settlement of all claims asserted against the City of Miami ("City") by current Police Lieutenant Weslyn Lewis Francois ("Francois"), inclusive of attorney's fees and costs. The settlement amount is a lump sum of four -hundred -thousand -dollars ($400,000.00), including all claims for attorneys' fees and costs, and permission to retire at rank of major at time of separation from the City with vacation sick, and compensatory time payouts at the major rate pursuant to the City's administrative policy, and the nonmonetary condition of rescinding select disciplines and 90-day action plan, reimbursement of sick and vacation time balances at Commander classification for a period of three (3) years, and mutual non -disparagement agreement. This settlement is in exchange for a general release of all current and potential claims against the City, its officers, agents, and employees. Francois brought a five -count cause of action against the City alleging discrimination based on race and sex in violation of the Civil Rights Act of 1964 ("Title VII"), and retaliation in violation of Title VII and the Florida Public Whistleblower Act. The Plaintiff's hostile work environment count, based on national origin pursuant to Title VII, was dismissed by the Court, but four counts survived summary judgment. The Plaintiff is alleging seven (7) different adverse employment actions for each of the four remaining counts, giving her 28 chances to seek a judgment against the City. 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. 50001.301001.545013.0000.00000. cc. James Reyes, City Manager Miriam M. Santana, Agenda Coordinator GKW/SKP City of Miami Legislation Resolution Enactment Number: R-26-0097 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18939 Final Action Date:2/26/2026 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY WESLYN LEWIS FRANCOIS FOUR -HUNDRED -THOUSAND - DOLLARS ($400,000.00), INCLUSIVE OF ALL FEES AND COSTS, PERMISSION TO RETIRE AT THE RANK OF MAJOR AT TIME OF SEPARATION FROM THE CITY OF MIAMI ("CITY") WITH VACATION, SICK, AND COMPENSATORY PAYOUTS AT THE MAJOR RATE PURSUANT TO THE CITY'S ADMINISTRATIVE POLICY, AND THE NON -MONETARY CONDITIONS OF RESCINDING SELECT DISCIPLINES AND A 90- DAY ACTION PLAN, REIMBURSEMENT OF SICK AND VACATION TIME BALANCES AT COMMANDER CLASSIFICATION FOR A PERIOD OF THREE (3) YEARS, AND MUTUAL NON -DISPARAGEMENT AGREEMENT IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS BY HER, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF WESLYN LEWIS FRANCOIS VS. CITY OF MIAMI, CASE NO. 24-CV-23943-CMA, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, UPON THE EXECUTION OF A GENERAL RELEASE OF HER CLAIMS AND DEMANDS, AND A DISMISSAL OF HER CLAIMS AGAINST THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL LIABILITY ACCOUNT NO. 50001.301001.545013.0000.00000. WHEREAS, Weslyn Lewis Francois and the City of Miami ("City") are engaged in litigation in the United States District Court for the Southern District of Florida, Case Number 24- CV-23943-CMA; and WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends that the claims of Weslyn Lewis Francois be settled for the lump sum of four -hundred -thousand -dollars ($400,000.00), including all claims for attorneys' fees and costs, and permission to retire at rank of major at time of separation from the City with vacation sick, and compensatory time payouts at the major rate pursuant to the City's administrative policy, and the nonmonetary condition of rescinding select disciplines and 90-day action plan, reimbursement of sick and vacation time balances at Commander classification for a period of three (3) years, and mutual non -disparagement agreement; 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 if fully set forth in this Section. Section 2. The Director of Finance is authorized to pay Weslyn Lewis Francois, without admission of liability, four -hundred -thousand -dollars ($400,000.00) in full and complete settlement of any and all claims and demands, including all claims for attorneys' fees, in exchange for dismissal of all claims against the City, its officers, agents, and employees in the case of Weslyn Lewis Francois vs. City of Miami, Case No. 24-CV-23943-CMA, pending in the United States District Court for the Southern District of Florida, upon the execution of a general release of all her claims and demands and a dismissal of her claims against the City with prejudice. Section 3. Funds are allocated from General Liability Account No. 50001.301001.545013.0000.00000. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ge Wy ng III, C y ttor ~y 2/17/2026 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.