HomeMy WebLinkAboutR-26-0310City of Miami
Legislation
Resolution: R-26-0310
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 19334 Final Action Date: 7/9/2026
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
TRUSTEE OF THE ELECTED OFFICERS' RETIREMENT TRUST ("EORT")
AND/OR THE CITY'S EXCESS BENEFITS PLAN ("EBP"), TO PAY JOSEPH X.
CAROLLO, UPON THIRTY (30) DAYS FROM THE DATE ON WHICH THE MIAMI
CITY COMMISSION APPROVES THE SETTLEMENT AGREEMENT, SEVEN -
HUNDRED -SEVENTY -THOUSAND -DOLLARS ($770,000.00), INCLUSIVE OF
ALL FEES AND COSTS, WITH CAROLLO RETAINING THE RIGHT TO DEFEND
AGAINST ANY ACTION BY THE CITY TO RECOVER FEES OR COSTS
PURSUANT TO FLA. STAT. §111.07, NOT TO SEEK DAMAGES BUT TO
DEFEND THE ACTION SO AS NOT TO BE DEEMED RELEASED, IN
EXCHANGE FOR CAROLLO ENTERING INTO A SETTLEMENT AGREEMENT,
WHICH CONTAINS A FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS BY HIM, INCLUDING ALL CLAIMS FOR ATTORNEYS'
FEES, AGAINST THE CITY OF MIAMI, AND ANY OF ITS DEPARTMENTS,
ELECTED OFFICIALS, AGENTS, OFFICERS, OR EMPLOYEES, AND
DISMISSAL WITH PREJUDICE OF THE CASE OF JOE CAROLLO VS. CITY OF
MIAMI, CASE NO. 06-014464-CA-01, PENDING IN THE CIRCUIT COURT OF
THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA (THE "PENSION LITIGATION"); ALLOCATING FUNDS FROM THE
EORT AND/OR THE EBP AND/OR OTHER LEGALLY AVAILABLE FUNDS.
WHEREAS, Joseph X. Carollo and the City of Miami ("City") are engaged in
litigation in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case
No. 2006-014464-CA-01; and
WHEREAS, The Florida Bar rules governing attorney conflict prohibited the
Office of the City Attorney's from handling this matter, resulting in the City retaining
outside counsel; and
WHEREAS, claims were investigated by outside counsel, who recommends that
the claims of Joseph X. Carollo in the Pension Litigation be settled for the lump sum of
Seven Hundred Seventy Thousand and 00/100 Dollars ($770,000.00), including all
claims for attorneys' fees and costs, and the nonmonetary condition of Joseph X.
Carollo retaining the right to defend against any action by the City of Miami to recover
fees or costs pursuant to Fla. Stat. §111.07, not to seek damages, but to defend the
action so as not to be deemed released;
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.
City of Miami Page 1 of 2 File ID: 19334 (Revision:) Printed On: 7/14/2026
File ID: 19334 Enactment Number: R-26-0310
Section 2. The Trustee of the Elected Officers' Retirement Trust and/or the City's
Excess Benefits Plan are authorized' to pay Joseph X. Carollo, without admission of
liability, Seven Hundred Seventy Thousand and 00/100 Dollars ($770,000.00) 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, and any of its
departments, elected officials, agents, officers, or employees, and dismissal with
prejudice of the case of Joe Carollo vs. City of Miami, Case 06-014464-CA-01, pending
in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida.
Section 3. Funds are to be allocated from the EORT and/or EBP and/or other
legally available funds.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
Outside Counsel
Outside Counsel 5/18/2026
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.
City of Miami Page 2 of 2 File ID: 19334 (Revision:) Printed on: 7/14/2026