HomeMy WebLinkAboutR-18-0125City of Miami
Legislation
Resolution: R-18-0125
File Number: 3791
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/22/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY FREDERICA BURDEN, RAYMOND CARVIL,
RAYNARD GILBERT, AND WILLIE SMITH, WITHOUT ADMISSION OF
LIABILITY, FIFTY THOUSAND DOLLARS ($50,000.00) EACH FOR A TOTAL
AGGREGATE SUM OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00)
IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS BY THEM, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES,
AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES IN
THE CASE OF FRATERNAL ORDER OF POLICE, MIAMI LODGE NO. 20, AND
ALFREDO VEGA, ET AL. V. CITY OF MIAMI, CASE NO. 98-7760, PENDING IN
THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA, UPON THE EXECUTION OF GENERAL
RELEASES OF THEIR CLAIMS AND DEMANDS, AND A DISMISSAL OF THEIR
CLAIMS AGAINST THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING
FUNDS FROM GENERAL LIABILITY ACCOUNT NO.
50001.301001.545013.0000.00000.
WHEREAS, the Fraternal Order of Police ("FOP"), Alfredo Vega, Frederica Burden,
Raymond Carvil, Raynard Gilbert, Julius Nelson, Dwyane Pratt, Willie Smith, and the City of
Miami ("City") are engaged in litigation in the Circuit Court of the Eleventh Judicial Circuit in and
for Miami -Dade County, Florida, Case No. 98-7760, concerning an allegation that the City
issued a faulty promotional examination; 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 Frederica Burden, Raymond Carvil, Raynard
Gilbert, and Willie Smith be settled for the lump sum of fifty thousand dollars ($50,000.00) per
plaintiff including all claims for attorneys' fees and costs for an aggregate total of two hundred
thousand dollars ($200.000.00);
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 Frederica Burden, Raymond
Carvil, Raynard Gilbert, and Willie Smith, without admission of liability, fifty thousand dollars
($50,000.00) each for a total aggregate sum of two hundred thousand dollars ($200,000.00), in
full and complete settlement of any and all claims and demands by them, including all claims for
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 1 of 2 File ID: 3791 (Revision:) Printed On: 7/9/2018
File ID: 3791
Enactment Number: R-18-0125
attorneys' fees, against the City, its officers, agents, and employees in the case of Fraternal
Order of Police, Miami Lodge No. 20, and Alfredo Vega, et al. v. City of Miami, Case No. 98-
7760, pending in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida, upon the execution of general releases of all their claims and demands and a dismissal
of their 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 and
signature of the Mayor.z
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i ' ndez, City Attor iey 3/1312018
Z 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: 3791 (Revision:) Printed on: 7/9/2018