HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney
DATE: March 22, 2018 (�
RE: City Commission Meeting — March 22, 2018
Partial Settlement regarding the matter of Fraternal Order of Police, Miami
Lodge No. 20, and Alfredo Vega, et al., v. City of Miami.
Case No. 98-7760 CA 01
File No. 3791
The attached proposed Resolution seeks authorization for Partial settlement of
all claims asserted against the City of Miami ("City") in the total aggregate amount of
two hundred thousand dollars ($200,000.00). This Settlement contemplates individually
settling all claims brought by individuals plaintiffs Frederica Burden, Raymond Carvil,
Raynard Gilbert, and Willie Smith against the City. Each individual will receive fifty
thousand dollars ($50,000.00) as full final settlement of all of their claims against the
City. This is only a partial settlement of the action, as there remain other plaintiffs in the
case. The above referenced action was brought by the Fraternal Order of Police,
Alfredo Vega, and seven (7) intervenors based on an allegation that the City issued a
faulty promotional exam in 1994 for the rank of Sargent. The Plaintiffs further allege that
they have suffered damages as a result of the allegedly faulty exam.
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.
Attachment(s)
cc. Emilio T. Gonzalez, City Manager
Christopher Rose, Director, Office of Management and Budget
Anna Medina, Agenda Coordinator
VM/BLM/KRJ
File Number: 3791
City of Miami
Legislation
Resolution
Enactment Number: R-18-0125
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
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,
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.
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 ey 3/13/2018
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.