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: June 13, 2019 (�
RE: City Commission Meeting — June 13, 2019
Settlement regarding the matter of Judith Marsie-Hazen v. City of Miami.
Case No. 16-21536, pending before the United State District Court for the
Southern District of Florida
File No. 5869
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami in the amount of sixty five thousand dollars
($65,000.00). The above referenced action was brought by Judith Marsie-Hazen
concerning an employment claim alleging wrongful failure to promote and constructive
discharge.
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
Miriam Santana, Agenda Coordinator
VM/BLM/SKP
File Number: 5869
City of Miami
Legislation
Resolution
Enactment Number: R-19-0221
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:6/13/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY JUDITH MARSIE-HAZEN, WITHOUT ADMISSION OF
LIABILITY, THE AGGREGATE TOTAL SUM OF SIXTY-FIVE THOUSAND DOLLARS
($65,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE
CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF
JUDITH MARSIE-HAZEN V. CITY OF MIAMI, PENDING BEFORE THE UNITED
STATE DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE
NO. 16-21536, 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, Judith Marsie-Hazen and the City of Miami ("City") are engaged in litigation
in the United States District Court for the Southern District of Florida, Case No.16-21536,
concerning an employment claim alleging wrongful failure to promote and constructive
discharge; 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 sixty-five
thousand dollars ($65,000.00), 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 fully set forth in this Section.
Section 2. The Director of Finance is authorized' to pay Judith Marsie-Hazen, without
admission of liability, the aggregate total sum of sixty-five thousand dollars ($65,000.00) 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 Judith Marsie-Hazen v.
City of Miami, Case No. 16-21536, upon the execution of general releases of all claims and
demands and a dismissal of the City, with prejudice.
Section 3. Funds are to be 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 4. 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 iey 5/28/2019
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.