HomeMy Public PortalAbout21-9912 Vacation of and Arbitration AwardSponsored by: City Manager
RESOLUTION NO. 21-9912
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY ATTORNEY TO FILE A LEGAL ACTION
PERTAINING TO THE VACATION OF AN
ARBITRATION AWARD; PROVIDING FOR ADOPTION
OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, The City of Opa-Locka defended the city against a grievance
filed by Officer Jamesha McKinney during an arbitration held on January 15, 2021
before Arbitrator Jerome Wolfson; and
WHEREAS, Mr. Wolfson, a permanent panelist for the Miami -Dade County
Police Benevolent Association, rendered an award in favor of the grievant, Officer
Jamesha McKinney, siding with the Miami -Dade County Police Benevolent
Association; and
WHEREAS, subsequent to the rendering of the arbitration award, the City
Attorney's Office became aware that Mr. Wolfson's law firm, Wolfson Law Firm, LLP,
had previously initiated a lawsuit against the City of Opa-Locka ("City") and was in the
process of filing an additional lawsuit against the City; and
WHEREAS, the conflict pertaining to Mr. Wolfson was not immediately known
because the cases against the City of Opa-Locka filed by the Wolfson Law Firm, LLP,
were being handled by the City's insurance provider. Additionally, the responsibility for
disclosure of conflict of interest belonged to Mr. Wolfson; and
WHEREAS, upon discovery that Wolfson Law Firm, LLP had filed these lawsuits
against the City, the City Attorney immediately reached out to the American Arbitration
Association to dispute the award; and
WHEREAS, after delayed responses from AAA and refusal to vacate, the City is
left with no option than to pursue a Motion to Vacate the Arbitration Award in a court of
law; and
Resolution No. 21-9912
WHEREAS, pursuant to Fla. Stat. § 682.13 (1) "Upon motion of a party to an
arbitration proceeding, the court shall vacate an arbitration award if (a) The award was procured
by corruption, fraud, or other undue means; -or- (b) There was: 1. Evident partiality by an
arbitrator appointed as a neutral arbitrator; 2. Corruption by an arbitrator; or 3. Misconduct
by an arbitrator prejudicing the rights of a party to the arbitration proceeding"; and
WHEREAS, the Arbitrator was initially believed by all parties to be a neutral
arbitrator and the City Manager desires to pursue this matter in a Court of law; and
WHEREAS, action in the matter needs to be taken no later than September
16, 2021 and Commission approval is needed in order to pursue this action in a
Court of law.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. Adoption of Representations. The above recitals are true and
correct and are incorporated into this Resolution by reference.
Section 2. Authorizing City Attorney to Represent the City
The City Commission authorizes the City Attorney, Burnadette Norris -Weeks, P.A.,
to represent the City of Opa-Locka in a legal action to Vacate an Arbitration Award,
or other appropriate action, designed to legally protect and defend the City of Opa-
Locka in the case pertaining to Officer Jamesha McKinney.
Section 3. Scrivener's Errors.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, after approval of the City Attorney, without
need of public hearing, by filing a corrected copy of same with the City Clerk.
Section 4. Effective Date.
This Resolution shall take effect immediately upon adoption by the City Commission
of the City of Opa-Locka and is subject to the approval of the Governor or Governor's
Designee.
Resolution No. 21-9912
PASSED AND ADOPTED this 8th day of September, 2021.
Matthew A. igatt, Mayor
ATTEST:
a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burnadette Norris `r eeks, P.A.
City Attorney
Moved by: Commissioner Bass
Seconded by: Commissioner Davis
VOTE: 5-0
Commissioner Taylor YES
Commissioner Bass YES
Commissioner Davis YES
Vice -Mayor Williams YES
Mayor Pigatt YES