HomeMy Public PortalAbout11-8277 Sheila Robinson Sponsored by: City Manager
Resolution No. 1 1-8277
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO APPROVE THE
SETTLEMENT AGREEMENT BETWEEN SHELIA
ROBINSON AND THE CITY OF OPA-LOCKA, AS
RECOMMENDED BY THE CITY MANAGER, IN THE
AMOUNT OF FIFTEEN THOUSAND DOLLARS ($15,000.00),
PAYABLE FROM ACCOUNT NUMBER 28-514390;
PROVIDING INCORPORATION OF RECITALS; PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, Shelia Robinson was a civilian employee with the City of Opa-locka Police
Department, who has filed a claim in U.S. District Court under the Fair Labor Standards Act; and
WHEREAS, although the City of Opa-locka, denies the allegations asserted by Shelia
Robinson, nonetheless, to avoid unnecessary expense and the uncertainty of litigation, the City
desires to settle any and all alleged claims by Shelia Robinson; and
WHEREAS, the City Commission of the City of Opa-locka desires to approve the
settlement agreement between Shelia Robinson and the City of Opa-locka.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka, approves the settlement
between Shelia Robinson and the City of Opa-locka, as recommended by the City Manager, in
the amount of Fifteen Thousand Dollars ($15,000.00), payable from account number 28-514390.
Resolution No. 11-8277
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 14`h day of September, 2011
MYRA T1 YLOR
MAYOR
to �
Deborah S. Irby
City Clerk
Approved as to form and legal sufficiency:
Jo-`p S yeller
C Att., ey
Moved by: JOHNSON
Seconded by: HOLMES
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: NOT PRESENT
Vice-Mayor Johnson: YES
Mayor Taylor: YES
LOC
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-N. RpS ,9ry
MEMORANDUM
TO: Mayor Myra L.Taylor
Vice-Mayor Dorothy Johnson
Commissioner Timothy Holmes
Commissioner Rose Tydus
Commissioner Gail Miller
FROM: Bryan K. Finnie,Interim City Mana
DATE: August 29,2011
RE: Settlement Agreement between the City and Sheila Robinson
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, REQUESTING APPROVAL OF SETTLEMENT
AGREEMENT BETWEEN SHEILA ROBINSON AND THE CITY OF OPA-
LOCKA, AS RECOMMENDED BY CITY MANAGER IN THE AMOUNT OF
FIFTEEN THOUSAND DOLLARS ($15,000.00) PAYABLE FROM ACCOUNT
NUMBER 28-514390.
Description: Sheila Robinson a former employee of the City of Opa-Locka, Florida filed a lawsuit in
the United States District Court for the Southern District of Florida. Styled: Sheila Robinson v. City of
Opa-Locka, Case No. 11-20444-CV/O'Sullivan. Sheila Robinson was Civilian Employee with the Opa-
Locka Police Department.
WHEREAS, the City denies the allegations of any and all claims asserted by Robinson the above-
reference Litigation or any other matter or claim; and
WHEREAS, the Parties, in order to avoid the expense and uncertainly of continued litigation, desire
to settle all claims that have been brought by Robinson, or which have been brought by her, against the
City.
NOW THEREFORE, in consideration of the respective agreement, covenants, representation and
warranties contained herein, and for other good and valuable consideration the receipt and sufficiency of
which are hereby acknowledge by each of the Parties, the Parties agrees as follows:
1. Recitals
All of the foregoing recitals are true and correct and are incorporated herein by reference.
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2. Settlement Amount:
A. In full consideration of Robinson's full and complete execution of this agreement and her
agreement to be legally bound by its terms, the City agrees to pay, or cause to be paid, to
Robinson and her counsel the total, aggregate sum of FIFTEEN THOUSAND DOLLARS AND
NO CENTS ($15,000.00), in full satisfaction of all claims and damages which Robinson has
asserted, asserts, or could assert against the City, including any and all claims for attorneys' fees
and cost incurred in this matter. Payment to Robinson shall be made no later than twenty (20)
days after the Court has entered it Order approving settlement an dismissing this case with
prejudice, and shall be in the form of two(2)checks as follows:
(I) Check in the amount of$8,930.00, less applicable federal withholding taxes,
payable to Sheila Robinson,for which the City will issue an IRS Form W-2 to
Sheila Robinson;
(2) Check in the amount of$6,070.00,payable to Remer&Georges-Pierre,
PLLC,representing the full and final and amount of Sheila Robinson's fees
and cost in this matter,for which the City will issue a Form 1099 to
Remer&Georges-Pierre, PLLC.
Account No.: 28-514390
Financial Impact: The impact to settling this matter as recommend is to minimize any further legal
expenses and settlement agreement.
Implementation Timeline: Immediately upon approval
Legislative History: See attached Lawsuit and Detailed Settlement Agreement.
Recommendation(s): Manager and City Council recommends settling this matter as recommend is to
minimize any further legal expenses and prior to settlement agreement.
Analysis: Based on City Council
ATTACHMENTS:
1. Confidential Settlement Agreement
PREPARED BY: David Chiverton,Assistant City Manager
END OF MEMORANDUM
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