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: July 25, 2019 (�
RE: Proposed Settlement for City Commission Meeting — July 25, 2019
Cuadras, Fenton, et al. vs. City of Miami
Case No. CB -2018-020
File No.: 6198
The attached proposed Resolution seeks authorization for settlement of the
claims asserted against the City of Miami in the above -referenced case and provides
Petitioners membership within the AFSCME Local 1907 unit, including all benefits
contained within the AFSCME Local 1907 2017-2020 Collective Bargaining Agreement
("CBA"), as well as Attorney's fees in an amount or twelve thousand dollars
($12,000.00). The proposed Resolution further seeks authorization for 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.
This is action was brought by the attorney James C. Casey, Esq. of the Law
Offices of Slesnick & Casey, LLP, on behalf of Petitioners.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the amount of $12,000.00
are available from General Liability Account No. 00001.980000.531010.0000.00000.
Attachment(s)
cc: Emilio T. Gonzalez, City Manager
Christopher M. Rose, Director, Office of Management Budget
Miriam Santana, Agenda Coordinator
VM/BLM/SKP
City of Miami City Hall
*r 3500 Pan American Drive
N°oIFI ^�, , Legislation
¢ Miami, FL 33133
�3 p
Resolution www.miamigov.com
Enactment Number: R-19-0296
File Number: 6198 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:
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 ria i "ndez, City Attor ey 7116/2019
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.