HomeMy WebLinkAboutMemorandum
CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Méndez, City Attorney
DATE: May 23, 2019
RE: City Commission Meeting May 23, 2019
Settlement regarding the matter of Brandon Raulerson v. City of Miami.
Case No. 18-22825, pending before the United State District Court for the
Southern District of Florida
File No. 5907
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami in the amount of two hundred fifteen thousand dollars
($215,000.00). The above referenced action was brought by Brandon Raulerson
concerning an employment claim alleging wrongful failure to hire.
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. González, City Manager
Christopher Rose, Director, Office of Management and Budget
Miriam Santana, Agenda Coordinator
VM/BLM/SKP
City of Miami
City Hall
3500 Pan American Drive
Legislation
Miami, FL 33133
www.miamigov.com
Resolution
Enactment Number: R-19-0199
File Number: 5907 Final Action Date:5/23/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY BRANDON RAULERSON, WITHOUT ADMISSION OF
LIABILITY, THE AGGREGATE TOTAL SUM OF TWO HUNDRED FIFTEEN DOLLARS
($215,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE
CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE
OF BRANDON RAULERSON V. CITY OF MIAMI, PENDING BEFORE THE UNITED
STATE DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE
NO. 18-22825, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS
AND DEMANDS AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATED
FUNDS FROM GENERAL LIABILITY ACCOUNT NO.
50001.301001.545013.0000.00000.
the United States District Court Southern District of Florida, Case No. 18-22825, concerning an
employment claim alleging wrongful failure to hire; 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 fifteen thousand dollars ($215,000.00), including all claims for attorneys 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.
1
Section 2. The Director of Finance is authorized to pay Brandon Raulerson, without
admission of liability, the aggregate total sum of two hundred fifteen thousand dollars
($215,000.00) for full and complete settlement of any and all claims and demands, including all
claims for attorneys fees, against the City, its agents, officers, and employees in the case of
Brandon Raulerson v. City of Miami, Case No. 18-22825, pending in the United States District
Court for the Southern District of Florida, upon the execution of general releases of all claims
and demands and a dismissal of the City, with prejudice, with funds allocated from General
Liability Account No. 50001.301001.545013.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and
2
signature of the Mayor.
Њ
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.
Ћ
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.
APPROVED AS TO FORM AND CORRECTNESS: