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HomeMy Public PortalAbout13-8725 Settlement with Tamika Miller Sponsored by: City Manager RESOLUTION NO. 13-8725 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO APPROVE SETTLEMENT WITH TAMIKA MILLER-WIGGINS, FOR EEOC CHARGE NUMBER 510-2013-02315 AND ANY OTHER OUTSTANDING CLAIMS; PROVIDING FOR INCORPORATION OF RECITALS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Tamika Miller-Wiggins has made certain claims against the City of Opa- locka, including EEOC and other claims; and WHEREAS, the City disputes the charges and any other claims of Tamika Miller- Wiggins, but desires to settle for administrative convenience, and to avoid the costs and disruption of litigation; and WHEREAS, the EEOC Charge Number 510-2013-02315 on behalf of Tamika Miller- Wiggins against the City of Opa-locka, together with any and all claims by Tamika Miller- Wiggins against the'City, has been tentatively resolved and settled for $12,000, payable from account number 28-514390, subject to the City Commission's approval and certain other conditions; and WHEREAS, the City Commission of the City of Opa-locka desires to approve the settlement with, Tamika Miller-Wiggins in the amount of $12,000, payable within 10 days of final execution of documents by all parties, and Tamika Miller-Wiggins agrees to execute a full and final release to the City, including but not limited to EEOC charge 510-2013-02315; and WHEREAS, the City Commission of the City of Opa-locka, desires to approve the Settlement Agreement substantially in the form attached hereto as Exhibit A. Resolution No. 13-8725 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka, approves payment of $12,000 to Tamika Miller-Wiggins as settlement for all EEOC Charge Number 510-2013-02315., and all other claims of Tamika Miller-Wiggins against the City, payable from account number 28-514390, in substantially the form attached hereto as Exhibit"A". Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11th day of December, 2013. YRA TAYLOR MAYOR Attest to: gt0Af--) Jo a Flores City Clerk Approved as t. fo and legal sufficiency: ft Jo feph S Geller EEN'POON MARDER PA ity Attorney Resolution No. 13-8725 Moved by: COMMISSIONER JOHNSON Seconded by: COMMISSIONER HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES SETTLEMENT AGREEMENT TAMIKA MILLER-WIGGINS V. CITY OF OPA LOCKA This Settlement Agreement ("Agreement") is made, effective this day of December 2013, between TAMIKA MILLER-WIGGINS and CITY OF OPA LOCKA (hereinafter "CITY") WHEREAS,TAMIKA MILLER-WIGGINS was employed by CITY; WHEREAS, TAMIKA MILLER-WIGGINS initiated a claim with the EEOC against the CITY; WHEREAS, the Parties desire an amicable and full resolution of TAMIKA MILLER- WIGGINS' claims with respect to this Complaint and all related matters and the Parties shall file a stipulation for dismissal with prejudice with the EEOC; WHEREAS, TAMIKA MILLER-WIGGINS agrees that this Agreement resolves and waives any and all potential or actual claims she may have against the CITY in any legal forum or otherwise with regard to her employment with the CITY stated above. NOW THEREFORE, in consideration of the following covenants and promises contained herein , the undersigned Parties to this Agreement intend to be legally bound and agree as more specifically set forth below: TERMS 1. All of the above statements are true and correct to the best of the Parties' knowledge and beliefs. 2. TAMIKA MILLER-WIGGINS will immediately provide the CITY with three (3) fully executed originals of this Agreement upon approval by the City Commission. 3. General Release. TAMIKA MILLER-WIGGINS, being of lawful age, and for consideration received from or on behalf of the CITY, unconditionally and irrevocably agrees to release, acquit, satisfy and forever discharge the CITY, and all of the City of Opa Locka's attorneys, the General Counsel, and attorneys providing any representation, each and every one of the CITY's former and current officers, agents, attorneys, employees and officials (whether elected or appointed) in both their official capacities and as individuals and their successors and assigns, (hereinafter collectively referred to as the CITY), and the Florida League of Cities and the Florida Municipal Insurance Trust, as well as their agents, servants, representatives, officers, directors and employees, from any and all manners of actions and actions, cause and causes of action, grievances, unfair labor practice charges, claims of employment discrimination, claims of retaliation, any torn claim(s), and any and 8782685.1 all anticipated or possible litigation, any claims under the Public Employees Relations Act, any claims under Title VII of the Civil Rights Act of 1964 as amended by the Civil Rights Act of 1991, any claims under Section 1981 through 1988 of Title 42 of the United States Code, any claims under the Americans with Disabilities Act Amendments Act, any claims under the Fair Labor Standards Act, any claims under Florida's Civil Rights Act of 1992, any claims under the Age Discrimination in Employment Act, any claims under the Equal Pay Act, any claims under the Family Medical Leave Act of 1995, any claims under any state or federal whistle blower statutes or provisions, any claims under any federal, state or local, civil or human rights law, any other claims under federal, state or local law, regulation or ordinances, any claims otherwise not referenced above regarding her employment with the CITY in this matter, whether based on common law or otherwise, and demands whatsoever, in law or in equity, which TAMIKA MILLER-WIGGINS now has, or hereafter will, shall or may have against the CITY including but not limited to, any and all matters arising out of or even arguably involving employment with the CITY, in addition to those issues involving the negotiation and execution of this Agreement. 4. Acknowledgment of Waiver. TAMIKA MILLER-WIGGINS acknowledges that the waiver and general release provisions of paragraph 3 also bar any claim or demand for costs, fees or other expenses including attorney's fees incurred or claimed in connection with any of the claims referenced in paragraph 3. 5. No Liability. It is understood and agreed by the parties that this Agreement does not constitute any admission by TAMIKA MILLER-WIGGINS, or the CITY (including any of its officers, agents, directors, supervisors or employees) of any violation of any applicable laws. 6. Payments, Consideration and Stipulation of Resignation. In consideration for TAMIKA MILLER-WIGGINS'execution of this Agreement,the Parties agree to the following: The CITY agrees to pay to TAMIKA MILLER-WIGGINS a total of$12,000.00, within 10 calendar days of the full execution of this Agreement by all parties and approval of same by the City Commission, pursuant to the above captioned case, and the mutual covenants contained herein. TAMIKA MILLER-WIGGINS shall resign her employment with the CITY. 7. Adequate Consideration. TAMIKA MILLER-WIGGINS agrees that the consideration to her as set forth above constitutes adequate and ample consideration for the rights and claims she is waiving under this Agreement, and for the obligations imposed upon her by virtue of this Agreement. 8. Consultation with Attorneys. TAMIKA MILLER-WIGGINS acknowledges that prior to executing this Agreement, she has received and has had sufficient time to review this Agreement; that she has discussed this Agreement with legal counsel of her own choice and 8782685.1 that she fully understands the terms of this Agreement and that she is knowingly, willingly, voluntarily and intelligently signing and agreeing to be legally bound by this Agreement. 9. Additional Waiver. TAMIKA MILLER-WIGGINS understands that this Agreement is a release that precludes her recovery of any relief as the result of any charge, lawsuit, or proceeding brought by or on behalf of TAMIKA MILLER-WIGGINS arising out her employment prior to her retirement from the City by signing and agreeing to this Agreement, TAMIKA MILLER-WIGGINS agrees to waive any potential filing or any current charge regarding her employment with the CITY before any federal, state or local governmental agency, and said claims to be voluntarily dismissed with prejudice upon approval by the City Commission of the terms and conditions of this Agreement by TAMIKA MILLER- WIGGINS. This Agreement shall specifically include the attached EEOC Mediation Settlement Agreement incorporated herein by reference and those claims pending with the U.S. Equal Employment Opportunity Commission. 10 . Enforceability. In the event that litigation shall be necessary for the enforcement of this Agreement on behalf of either Party, then the prevailing Party shall be entitled to reasonable attorney's fees and costs incurred in said litigation. Venue for said litigation shall be Dade County,Florida and this Agreement shall be governed by the laws of the State of Florida. 11. Severability. Furthermore, it is fully understood and agreed by the Parties that if any provision of this Agreement or any part thereof, is rendered or declared invalid by any decree of court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect. 12. Full Integration. This Agreement constitutes the entire understanding and agreement of the Parties. Therefore, there are no other covenants, promises, agreements, conditions or understandings, either oral or written,between the Parties other than those herein set forth. 13. Modification, Amendments, Revocations. Furthermore, the Parties hereby agree that any modification(s), amendment(s), and/or revocation(s) to this Agreement shall be entered and enforced only by written express consent of the Parties,their successors and/or assigns. 14. Drafting Party. This Agreement shall not be construed against the party who drafted it in that the Parties including the CITY, have obtained legal counsel of their choosing to advise them regarding this Agreement. 15. Full Understanding. The Parties have fully read,understood and considered all of the terms and provisions outlined in this Agreement and are therefore; mutually desire to enter into this Agreement in consideration for execution of this Agreement as outlined in the provisions stated specifically in paragraph 6. 8782685.1 THIS AGREEMENT is dated day of ,2013, in Dade County, Florida. BY: TAMIKA MILLER-WIGGINS County of DADE State of Florida The foregoing instrument was acknowledged before me this day of 2013,by TAMIKA MILLER-WIGGINS,who is personally known to me, OR _ has produced as identification. Notary Name: Notary Public Serial(Commission)Number (if any) THIS AGREEMENT is dated day of , 2013 in Dade County,Florida. By: CITY MANAGER—attest; CITY CLERK County of DADE State of Florida The foregoing instrument was acknowledged before me this day , 2013, by TAMIKA MILLER-WIGGINS,who is personally known to me, OR _ has produced as identification. Notary Name: Notary Public Serial(Commission)Number (if any) 8782685.1 oV P,E'�P(p` U.S.EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ��, Miami District Office ?, One ni�Mc Tower '� !.I/• 2 South lima).N1,1,Suito rtX) .4.11 Minmi.41 13131 o z (105)&08 1140 ,/ \ . IIY(105)808-1'42 p09 �, 4AX(105)908-M41 EEOC MEDIATION SETTLEMENT AGREEMENT CHARGE NUMBER: 510-2013-02315 CHARGING PARTY: Tamika Miller-Wiggins RESPONDENT: City of Opa Locka 1. In exchange for the promises made by City of Opa Locka,pursuant to Charge Number 510-2013- 02315,Tamika Miller-Wiggins agrees not to institute a law suit under Title VII of the Civil Rights Act of 1964, as amended,based on EEOC Charge Number 510-2013-02315. 2. Further we agree that submission of this agreement to EEOC will constitute a request for closure of EEOC Charge Number 510-2013-02315. 3. It is understood that this agreement does not constitute an admission by Respondent of any violation of Title VII of the Civil Rights Act of 1964,as amended. 4. Respondent agrees that there shall be no discrimination or retaliation of any kind against any person because of opposition to any practice deemed illegal under Title VII of the Civil Rights Act of 1964, as amended,the ADEA or the ADA as a result of filing this charge,or for giving testimony,assistance or participating in any manner in an investigation,proceeding or a hearing under the aforementioned Acts. 5. This document constitutes a final and complete statement of this EEOC agreement between the parties. The parties acknowledge that the Charging Party and Respondent will enter into a supplemental agreement.The parties also acknowledge that EEOC will not enforce any provisions(s)of the supplemental agreement. 6. The parties agree that the EEOC is authorized to investigate compliance with this agreement and that this agreement may be specifically enforced in court by the EEOC or the parties and may be used as evidence in a subsequent proceeding in which a breach of this agreement is alleged. 7. As evidence of a good faith effort to resolve EEOC Charge Number 510-2013-02315,Respondent offers and Charging Party accept the following proposal of settlement: A. Respondent agrees to pay the Charging Party$12,000.00, in full and final resolution of EEOC Charge Number 510-2013-02985. Respondent and Charging Party agree the$12,000.00 stipulated settlement payment will be disbursed in the following manner: A check in the amount of$12,000.00, made payable to the Charging Party, less taxes and the appropriate legal withholdings, Social Security and Medicare. B. Respondent agrees to provide the Charging Party at the following e-mail address by no later than December 9, 2013 the supplemental agreement referenced in paragraph five(5)of this EEOC Agreement: olpd03 @yahoo.com. C. Charging Party agrees by no later than December 11, 2013 to return the signed executed supplemental agreement to Respondent's attorney,Joseph Geller, Esquire,Greenspoon Marder, 100 West Cypress Creek Road, Suite 700,Fort Lauderdale,Florida 33309,Telephone: (954)491-1120, ext. 1128, Fax: (954) 7719264, e-mail: Joseph.Geller @gmlaw.com,unless otherwise specified in the supplemental 8782755.1 EEOC MEDIATION SETTLEMENT AGREEMENT EEOC Charge Number: 510-2013-02315 page 2 agreement,provided Respondent provides the Charging Party by no later than December 9, 2013 the supplemental agreement. D. Respondent and Charging Party agree the one(1)settlement check referenced in paragraph 7(A) of this EEOC Mediation Settlement Agreement will be mailed to the Charging Party at the following address by no later than December 26, 2013, which is fifteen(15)business days from the December 11, 2013 City of Opa Locka City Commission meeting to approve the EEOC Mediation Settlement Agreement, provided Respondent receives by no later than December 11,2013 the signed supplemental agreement : Tamika Miller-Wiggins, 9741 Dunhill Drive, Miramar,Florida,Telephone: (305)654-5999. E. Respondent agrees that by no later than December 21, 2013 to change Charging Party's termination to a voluntary resignation effective the date of her involuntary termination of employment,provided Respondent receives by no later than December 11,2013 the signed and executed supplemental agreement. F. Respondent agrees that by no later than January 3, 2014 to have taken the appropriate steps to correct and/or rescind the ten(10)day disciplinary suspension from the Charging Party's personnel file. G. Respondent agrees so long as the Charging Party directs any prospective employer seeking an employment verification to its Human Resource Director, City of Opa Locka, 777 Sharazad, Opa Locka, Florida, 33054,Telephone: (305)953-2815, Respondent will provide a neutral employment reference to any such employment verification request(s)regarding the Charging Party. Specifically,Respondent agrees to only provide Charging Party's dates of employment and last position held,to any employment verification inquiry. Respondent further agrees in response to any employment inquiry not to make any comments regarding the reason(s) for Charging Party's leaving Respondent's employment and/or Charging Party's eligibility for rehire. H. Respondent agrees by no later than December 26 2013 to provide the Charging Party at the following address information concerning Charging Party's eligibility for COBRA benefits and the specific actions the Charging Party must implement to achieve eligibility for COBRA benefits: Tamika Miller-Wiggins, 9741 Dunhill Drive, Miramar,Florida 33025 if same is possible. No guarantee given as to the availability of COBRA benefits. I. Respondent agrees it will not initiate and/or pursue any legal and/or collection action(s) against the Charging Party regarding her Federal lawsuit against the City of Opa Locka,United States District Court, Southern District of Florida, Case No. 1:11-cv-22018-JEM. J. Respondent and Charging Party agree and understand this EEOC Mediation Settlement Agreement is contingent upon approval by the Opa Locka City Council at its December 11, 2013 City Council meeting. If the EEOC Mediation Settlement Agreement is rejected,the parties agree to reconvene for EEOC mediation with Marvin C.Frazier, Federal Mediator,EEOC Miami District Office within 30 days from the date the EEOC Mediation Settlement Agreement was disapproved. K. Respondent and Charging Party agree that if the Charging Party does not return the signed and executed supplemental agreement, Respondent will be under no obligation to make payment of the $12,000.00, less taxes and the appropriate legal withholdings, Social Security and Medicare, stipulated 8782755.1 EEOC MEDIATION SETTLEMENT AGREEMENT EEOC Charge Number: 510-2013-02315 page 3 settlement amount and/or honor the other terms of this EEOC Agreement as outlined in paragraphs 7(A), 7(D), 7(E),7(F),7(G), 7(H)and 7(I)above of this EEOC Mediation Settlement Agreement. City of Opa Locka Respondent Respondent Representative Date Respondent Representative Date Joseph Geller, Esquire, City Attorney Charging Party Date Tamika Miller-Wiggins In reliance on the promises made in paragraph 7(A)through 7(K)above, EEOC agrees to terminate its investigation and to not use the above referenced charge as a jurisdictional basis for a civil action under Title VII of the Civil Rights Act of 1964, as amended,the Age Discrimination Act of 1967 as amended, or the Americans with Disabilities Act of 1990,as amended. EEOC does not waive or in any manner limit its right to investigate or seek relief in any other charge including,but not limited to, a charge filed by a member of the Commission against the Respondent. On Behalf of the Commission: Malcolm Medley Date District Director Miami District Office 8782755.1