HomeMy WebLinkAboutLegislationCity Hall
City of Miami 3500 Pan American
`r Drive
Legislation Miami, FL 33133
www.miamigov.com
G Resolution
File Number: 16-00647
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY EMILIA DIAZ FOX, WITHOUT ADMISSION Of
LIABILITY, THE AGGREGATE TOTAL SUM OF $35,000.00 TO THE PLAINTIFF IN
FULL AND COMPLETE SETTLEMENT OF ANYAND ALL CLAIMS AND DEMANDS,
INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST CITY OF MIAMI
POLICE OFFICER ARTICE PEOPLES, THE CITY OF MIAMI, FLORIDAAND ITS
OFFICERS, AGENTS, AND EMPLOYEES, IN THE CASE STYLED EMILIA DIAZ
FOX V. CITY OF MIAMI, FLORIDA, ET AL. PENDING IN THE UNITED STATES
DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO.
15-20125-CIV-SEITZ, UPON THE EXECUTION OF GENERAL RELEASES OF ALL
CLAIMS AND DEMANDS, AND A DISMISSAL OF CITY OF MIAMI POLICE OFFICER
ARTICE PEOPLES AND THE CITY OF MIAMI, FLORIDA, WITH PREJUDICE;
ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT NO,
00001.980000.531010.0000.00000.
WHEREAS, Emilia Diaz Fox, the City of Miami, Florida, and City of Miami Police Officer Artice
Peoples are engaged in Litigation in the United States District Court Southern District of Florida, Case
No. 15-20125-CIV-SEITZ, concerning a false arrest and excessive force claim; 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 said claims and lawsuit be settled for the lump sum of $35,000.00, including the
claim for attorney's fees;
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 Emilia Diaz Fox, without admission of
liability, the aggregate total sum of $35,000.00 for full and complete settlement of any and all claims
and demands, including all claims for attorney's fees, against City of Miami Police Officer Artice
Peoples, the City of Miami, Florida, and its officers, agents, and employees, in the case styled Emilia
Diaz Fox v. City of Miami, Florida, et al. pending in the United States District Court Southern District of
Florida, Case No. 15-20125-CIV-SEITZ, upon the execution of general releases of all claims and
demands, and a dismissal of City of Miami Police Officer Artice Peoples and the City of Miami, Florida,
with prejudice.
Section 3. Funds are to be allocated from the Non -Departmental Account No.
0000 1. 980000.531010. 0000. 00000.
Section 4, This Resolution shall become effective immediately upon its adoption and signature
City of Mia [it i Page I of 2 File Id: 16-00617 Version.: 1) Printed On: 61212016
File Number: 16-00647
of the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY41
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 16-00647 0ersiow 1) Priwed Ori: 6/2/2016