HomeMy WebLinkAboutR-19-0296City of Miami
q Legislation
Resolution: R-19-0296
File Number: 6198
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/25/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
ADMINISTRATION TO SETTLE PUBLIC EMPLOYEES RELATIONS
COMMISSION CASE NO. CA -2018-054 BY INCLUDING PETITIONERS
ROBERTO FENTON, NELSON CUADRAS, VELENTINE ONUIGBO, MAURICE
HARDIE, CARLOS VASQUEZ, ORLANDO DIEZ, DAVID ADATO, ACHMET
VALDEZ, VICTORIA ROJAS, AND MARLO DARRINGTON ("PETITIONERS")
AS MEMBERS OF THE MIAMI GENERAL EMPLOYEES ASSOCIATION, OF
THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL
EMPLOYEES, AFL-CIO LOCAL 1907 ("AFSCME LOCAL 1907"), AND
PROVIDING PETITIONERS WITH THE BENEFITS OF THE AFSCME LOCAL
1907 2017-2020 COLLECTIVE BARGAINING AGREEMENT ("CBA"); FURTHER
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY $12,000.00 IN
ATTORNEY'S FEES AND AUTHORIZING THE CITY MANAGER TO MAKE
ANY DEPARTMENTAL BUDGET ADJUSTMENTS IN THE FISCAL YEAR ("FY")
2018-19 BUDGET CLOSE-OUT OR IN THE FY 2019-20 PROPOSED BUDGET
AS MAY BE REQUIRED PURSUANT TO THE SETTLEMENT, AS FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS,
INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES AND COSTS, AGAINST
THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES,
UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND
DEMANDS, AND A DISMISSAL OF THE CITY WITH PREJUDICE;
ALLOCATING FUNDS FOR ATTORNEYS FEES, IN THE AMOUNT OF
$12,000.00, FROM ACCOUNT NO. 00001.980000.531010.0000.00000.
WHEREAS, Petitioners Roberto Fenton, Nelson Cuadras, Velentine Onuigbo, Maurice
Hardie, Carlos Vasquez, Orlando Diez, David Adato, Achmet Valdez, Victoria Rojas, and Marlo
Darrington ("Petitioners") engaged in litigation before the Public Employees Relations
Commission ("PERC"), Case No. CB -2018-020, alleging they were excluded from American
Federation of State, County, and Municipal Employees Local 1907 ("AFSCME Local 1907")
membership in 2018 and are entitled to membership within the unit as well as all benefits
contained within the AFSCME Local 1907 2017-2020 Collective Bargaining Agreement ("CBA");
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 pursuant to the terms of the
settlement;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 2 File ID: 6198 (Revision:) Printed On: 8/12/2019
File ID: 6198 Enactment Number: R-19-0296
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 City Administration is authorized' to settle PERC Case No. CA -2018-054
by including Petitioners as members of AFSCME Local 1907") and providing petitioners with the
benefits of the AFSCME Local 1907 2017-2020 CBA.
Section 3. The Director of Finance is authorized' pay $12,000.00 in attorney's fees and
the City Manager is authorized' to make any departmental budget adjustments in the Fiscal
Year ("FY") 2018-19 budget close-out or in the FY 2019-20 proposed budget, as may be
required pursuant to the settlement, as full and complete settlement of any and all claims and
demands, including all claims for attorney's fees and costs, against the City, its officers, agents
and employees, upon the execution of general releases of all claims and demands, and a
dismissal of the City with prejudice.
Section 4. Funds for attorneys fees, in the amount of $12,000.00, from Account No.
00001.980000.531010.0000.00000.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.z
APPROVED AS TO FORM AND CORRECTNESS:
1
I 4rialndel *Attor ley 7/16/2019
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.
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: 6198 (Revision:) Printed on: 8/12/2019