CA.10 - Pay $140k Settlement to Plaintiffs
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A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY PLAINTIFFS LIZLINDA BREMER, ARIEL PEREZ, SURAMI KELLY, AND DAVID BERNAT THIRTY-FIVE THOUSAND AND 00/100 DOLLARS ($35,000.00) EACH, FOR A TOTAL OF ONE HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($140,000.00), INCLUSIVE OF FEES AND COSTS, AND THE PORTION OF THEIR MEDIATION COSTS OF ONE THOUSAND, FIVE HUNDRED FORTY-ONE AND 67/100 DOLLARS ($1,541.67), IN EXCHANGE FOR A GENERAL RELEASE AND DISMISSAL OF CLAIMS AGAINST THE CITY OF MIAMI, WITH PREJUDICE, IN THE CASE OF THE CITY OF MIAMI VS. LIZLINDA BREMER, ARIEL PEREZ, SURAMI KELLY, DAVID BERNAT, MAXIMILIANO VALDES, RAUL DELGADO AND ROBERT PEREZ, CASE NO. 23-001381 CA 01 (08), PENDING IN THE ELEVENTH JUDICIAL CIRCUIT OF MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM GENERAL LIABILITY ACCOUNT NO. 50001.301001.545013.0000.00000.
Department: Office of the City Attorney
Category: Settlement
WHEREAS, through active litigation, the City decreased the number of individuals challenging the Exam to seven (7); and
WHEREAS, the seven (7) remaining defendants filed counterclaims against the City alleging the Exam violated the City’s Civil Service Rules, seeking monetary damages in the form of retroactive promotions, backpay and emoluments; and
WHEREAS, four (4) of those defendants wish to resolve their claims against the City; and
WHEREAS, the City Attorney’s Office has investigated their 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 four (4) defendant claims be resolved for Thirty-FiveThousand and 00/100Dollars ($35,000.00) each, for a total of OneHundredFortyThousand and 00/100Dollars ($140,000.00), in addition to paying their portion of their mediation costs ofOneThousand,FiveHundredForty-Oneand 67/100 Dollars($1,541.67);
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 Director of Finance is authorized to pay Lizlinda Bremer, Ariel Perez, Surami Kelly and David Bernat Thirty-FiveThousand and 00/100Dollars($35,000.00) each, for a total of OneHundredFortyThousand and 00/100Dollars ($140,000.00), and pay their portion of mediation cost at OneThousand,FiveHundredForty-Oneand 67/100 Dollars($1,541.67).
Section 3. Funds are allocated from General Liability Account No. 50001.301001.545013.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.