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Home My Public Portal About13-8620 Adam Burden, Guithele Ruiz-Nicholas, Tara Lazier, Larry Burden and Vincent Robinson Sponsored by: City Manager RESOLUTION NO. 13-8620 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO APPROVE THE SETTLEMENT AGREEMENTS FOR ADAM BURDEN, GUITHELE RUIZ-NICHOLAS, TARA LAZIER, LARRY RILEY, AND VINCENT ROBINSON IN THE MATTER OF BURDEN, ET AL V CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Adam Burden, Guithele Ruiz-Nicholas, Tara Lazier, Larry Riley and Vincent Robinson were employees of the City of Opa-locka, who were terminated; and WHEREAS, the case was mediated and settlement was reached on the terms attached hereto; and; WHEREAS, the City Commission of the City of Opa-locka desires to approve the settlement agreements to avoid further unnecessary expense and the uncertainty of litigation. 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 agreements reached at the mediation proceeding for Adam Burden, Guithele Ruiz-Nicholas,Tara Lazier, Larry Riley and Vincent Robinson, on the terms attached hereto. Resolution No. 13-8620 Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 25th day of June, 2013. RAT LOR MAYOR Attest to: Sha'mecca Lawson Deputy Clerk A. •roved as'' o form and lega sufficiency: J.. pg SfGeller ' EN' 'OON MARDER PA i y Attorney Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER SANTIAGO Commission Vote: 3-0 Commissioner Holmes: YES Commissioner Johnson: NOT PRESENT Commissioner Santiago: YES Vice-Mayor Kelley: NOT PRESENT Mayor Taylor: YES 7906833 vl LAW OFFICES JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. A PROFESSIONAL ASSOCIATION DAMIAN H.ALBERT,P.A. W.HAMPTON JOHNSON,IV SCOTT D.ALEXANDER,P.A. 2455 EAST SUNRISE BOULEVARD J.MARCOS MARTINEZ CHRISTOPHER AMBROSIO SUITE 1000 ROBERT E.MURDOCH MICHAEL T.BURKE' FORT LAUDERDALE,FL 33304 t MICHAEL R.PIPER' HUDSON C.GILL DAVID M.SCHWEIGER,P.A. JEFFREY L.HOCHMAN,P.A. CHRISTOPHER L.SMITH E.BRUCE JOHNSON* (954)463-0100 Broward CHRISTOPHER J.STEARNS,P.A. (305)945-2000 Dade (561)640-7448 WPB RETIRED: BOARD CERTIFIED CmLTRIAL rawrsns TELECOPIER(954)463-2444 RONALD P.ANSELMO BURL F.GEORGE BOARD CERTIFIED APPELLATE LAWYERS June 24, 2013 • Joseph S. Geller, Esq. VIA EMAIL Greenspoon Marder,P.A. Harbour Centre, Suite 406 UBS Building 18851 N.E. 29th Avenue Aventura,Florida 33180 Re: Adam Burden, et al.vs. City of Opa-locka,et al. DOI: 02/28/2011 Claim No.: GC2011069266 Our File No.: 00640/31258 Case No.: 1:11-cv-22018-JEM Dear Mr. Geller: This matter was presented to a federal jury during a trial which began on Monday,January 7,2013. On January 15,2013,the jury entered four verdicts in favor of the City and one verdict in favor of Plaintiff Adam Burden.As a result,the City prevailed on each of the 16 original federal and state law claims filed by Adam Burden,Larry Riley,Vincent Robinson,Tamika Miller,Tara Lazier and Guithele Ruiz-Nicolas in this matter, except for the one Florida Whistle-blower claim filed by Adam Burden. The jury determined that Adam Burden engaged in protected activity by reporting misconduct on the part of Police Chief Cheryl Cason and that she retaliated against him by recommending his termination from his position as the Deputy Chief of Police. Calculating his salary and the amount of time between his termination and the date of trial, the jury awarded Burden a total amount of $156,750.00. As a prevailing party on his Whistle-blower claim,Adam Burden was also entitled to seek an award of attorney's fees from the City. On January 16, 2013, the Court entered a final judgment in favor of Burden on his claim(Count II)and also entered final judgments in favor of the City on the remaining 15 Counts. All parties then filed appeals. On May 16,2013, the parties attended a telephone mediation with the United States Court of Appeals. During the mediation,the parties reached a tentative settlement agreement. To proceed with the proposed settlement the City Commission must approve the following arrangements: Joe Geller, Esq. June 24, 2013 Page 2 Adam Burden: (1) The City will issue a check in the amount of$121,000 in compromise of the jury verdict. This amount includes attorney's fees. $75,000 will be paid on or before July 15, 2013, and the remaining $46,000 will be paid on or before December 1, 2013. (2) The City will assist Mr.Burden in having his certification reinstated with FDLE. This will include,if necessary, allowing Mr. Burden to return to Opa-locka as an employee so the proper forms may be submitted. If necessary, the City of Opa-locka Police Department will assist Mr. Burden by ensuring completion of any courses that may be needed for his certification. (3) The City will amend Mr.Burden's termination documents to indicate a resignation. (4) The parties will withdraw their respective motions in the District Court seeking attorney fees and costs (except those motions related to Tamika Miller). (5) All parties will dismiss their respective appeals. Vincent Robinson: (1) The City will issue a check representing all accrued benefits which were due to Mr. Robinson as of the date of his termination. The amount will include sick time, vacation time, and his final check. (2) As a condition to issuing the check,Mr.Robinson will return all City issued property presently in his possession. If any of the City issued property cannot be found by Mr. Robinson, the City will deduct the fair market value of the item from the money owed to Mr.Robinson. The City issued property will be returned through his attorney. Upon receipt of the property,the City will purge any entries into any"stolen property" database including NCIC/FCIC, related to the subject property. JOHNSON, ANSELMO, MURDOCH,BURKE, PIPER & HOCHMAN, P.A. Joe Geller, Esq. June 24, 2013 Page 3 (3) The City will assist Mr. Robinson in having his certification reinstated with FDLE. This will include, if necessary, allowing Mr. Robinson to return to Opa-locka as an employee so the proper forms may be submitted. If necessary, the City of Opa-locka Police Department will assist Mr. Robinson by ensuring completion of any courses that may be needed for his certification. (4) The City will amend Mr. Robinson's termination documents to indicate a resignation. (5) The parties will withdraw their respective motions in the District Court seeking attorney fees and costs (except those motions related to Tamika Miller). Tara Lazier: (1) The City will issue a check representing all accrued benefits which were due to Ms.Lazier as of the date of her termination. The amount will include sick time,vacation time, and her final check. (2) As a condition to issuing the check, Ms. Lazier will return all City issued property presently in her possession. If any of the City issued property cannot be found by Ms. Lazier,the City will deduct the fair market value of the item from the money owed to Ms. Lazier. The City issued property will be returned through her attorney. Upon receipt of the property,the City will purge any entries into any"stolen property" database including NCIC/FCIC, related to the subject property. (3) The City will amend Ms.Lazier's termination documents to indicate a resignation. (4) The parties will withdraw their respective motions in the District Court seeking attorney fees and costs (except those motions related to Tamika Miller). Guithele Ruiz-Nicolas: (1) The City will amend Ms. Ruiz-Nicolas's termination documents to indicate a date which would allow her to fully vest in the FRS JOHNSON, ANSELMO, MURDOCH,BURKE, PIPER & HOCHMAN, P.A. Joe Geller, Esq. June 24, 2013 Page 4 retirement system. Alternatively, the City can extend an offer to Ruiz-Nicolas of$2,500. (2) The parties will withdraw their respective motions in the District Court seeking attorney fees and costs (except those motions related to Tamika Miller). Larry Riley: (1) The parties will withdraw their respective motions in the District Court seeking attorney fees and costs (except those motions related to Tamika Miller). I look forward to hearing from you. Very truly yours, Christopher J. Stearns Christopher J. Stearns For the firm JLH:CJS Enclosure cc: Alonzo Hatchette (w/encl.)by email JOHNSON, ANSELMO, MURDOCH,BURKE, PIPER & HOCHMAN, P.A.