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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez, City Attorney ,j a DATE: March 23, 2017 RE: City Commission Meeting — March 23, 2017 Settlement regarding the matter of Alexis Stevens v. City of Miami. Case No. 15-23931 File No. 1918 The attached proposed Resolution seeks authorization for settlement of all claims against the City of Miami in the amount of two hundred fifty thousand dollars ($250,000.00). The above referenced action was brought by Alexis Stevens alleging that she was wrongfully terminated in June 2015 based upon a protected classification and retaliation against her because she complained of an unlawful employment practice. 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. Daniel J. Alfonso, City Manager Christopher Rose, Director, Office of Management and Budget Anna Medina, Agenda Coordinator VM/BLM/KRJ City of Miami City Hall W Y" 3500 Pan American Drive Legislation Miami, FL 33133 N, www.miamigov.com Resolution Enactment Number: R-17-0138 File Number: 1918 Final Action Date:3/23/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ALEXIS STEVENS, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $250,000.00 TO THE PLAINTIFF IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE OF ALEXIS STEVENS V. THE CITY OF MIAMI, PENDING BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 15-23931, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL LIABILITY ACCOUNT NO. 50001.301001.545013.0000.00000. WHEREAS, Alexis Stevens and the City of Miami ("City") are engaged in litigation in the United States District Court Southern District of Florida, Case No. 15-23931, concerning an employment claim alleging wrongful termination; 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 two hundred fifty thousand dollars ($250,000.00), including all claims 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 fully set forth in this Section. Section 2. The Director of Finance is authorized' to pay Alexis Stevens, without admission of liability, the aggregate total sum of two hundred fifty thousand dollars ($250,000.00) for full and complete settlement of any and all claims and demands, including all claims for attorney's fees, against the City, its agents, officers and employees, in the case of Alexis Stevens v. City of Miami, pending in the United States District Court Southern District of Florida, Case No. 15-23931, upon the execution of general releases of all claims and demands, and a dismissal of the City and all individual City employee defendants, with prejudice, with funds allocated from General Liability Account No. 50001.301001.545013.0000.00000. 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. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.z APPROVED AS TO FORM AND CORRECTNESS: 1 Un ndez, City Attor ey 3/1412017 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.