Resolution 2022-32328 RESOLUTION NO. 2022-32328
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,APPROVING THE SETTLEMENT BETWEEN CODY
WADE AND THE CITY OF MIAMI BEACH, FLORIDA, IN THE AMOUNT OF
$130,000.00; AND AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO TAKE THE NECESSARY AND APPROPRIATE STEPS FOR
THE IMPLEMENTATION THEREOF.
WHEREAS, on July 22, 2021, Cody Wade initiated litigation against the City of Miami
Beach, Florida, in the United States District Court, Southern District of Florida, Case No. 21-
22619-RNS, alleging violation of state and federal law relating to the use of force by Miami Beach
Police Department officers during an incident on or about June 28, 2019; and
WHEREAS, the parties desire to avoid incurring further costs of litigation, and seek to
resolve all matters in controversy, disputes, and causes of action between the parties in an
amicable fashion; and
WHEREAS, the parties have reached a full and final compromise and settlement of
all matters, causes of action,and claims and contentions between them,which is contingent upon
approval of the Mayor and City Commission; and
WHEREAS, the City Manager and the City Attorney recommended that the Mayor and
City Commission authorize the settlement payment in the amount of$130,000 from the City's Risk
Management Fund.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: that the Mayor and City
Commission hereby approve the settlement between Cody Wade and the City of Miami Beach,
Florida, in the amount of$130,000.00; and authorize the City Manager and City Attorney to take
the necessary and appropriate steps for the implementation thereof.
PASSED and ADOPTED this a day of S/2kmkV-2022.
ATTEST:
Dan Gelber, Mayor
Rafael E. ranado, City Clerk
APPROVED AS TO
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of t e City Commission
FROM: Rafael Paz, City Attorney Viik c,p,Q
DATE: September 28, 2022
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,APPROVING THE SETTLEMENT BETWEEN CODY
WADE AND THE CITY OF MIAMI BEACH, FLORIDA, IN THE AMOUNT OF
$130,000.00; AND AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO TAKE THE NECESSARY AND APPROPRIATE STEPS FOR
THE IMPLEMENTATION THEREOF.
RECOMMENDATION
For the reasons outlined in this Memorandum, the Office of the City Attorney recommends that
the City Commission approve the settlement between Cody Wade and the City of Miami Beach,
Florida, in the amount of$130,000.00; and authorize the City Manager and City Attorney to take
the necessary and appropriate steps for the implementation thereof.
BACKGROUND
Plaintiff, Cody Wade, brought an action against the City of Miami Beach and two police officers
under state and federal law relating to an alleged excessive use of force on June 28, 2019.
The City is represented in this action by the Office of the City Attorney and the officers are
represented by outside counsel.
This matter is pending before the Honorable Robert N. Scola, United States District Judge, Case
No. 21-22619-CIV-SCOLA with a jury trial pending.
The City wishes to avoid the expense, delay, and uncertainty of lengthy litigation and appeals.
FISCAL IMPACT
Pursuant to Section 2-12 of the City Code,the proposed settlement will not result in an anticipated
increase in budgeted revenues or expenditures of the City in this fiscal year, or in the next fiscal
year.
RP/HJH/ag
Resolutions -C7 A
MIAMI BE
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: September 28, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,APPROVING THE SETTLEMENT BETWEEN
CODY WADE AND THE CITY OF MIAMI BEACH, FLORIDA, IN THE
AMOUNT OF $130,000.00; AND AUTHORIZING THE CITY MANAGER AND
CITYATTORNEY TO TAKE THE NECESSARYAND APPROPRIATE STEPS
FOR THE IMPLEMENTATION THEREOF.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
See attached Commission Memorandum.
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
ATTACHMENTS:
Description
o Commission Memorandum
o Resolution
Page 9 of 508
/ / ., t ' i ; -t \ �,,_ I
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of t e City Commission
FROM: Rafael Paz, City Attorney 1A futz.
DATE: September 28, 2022
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT BETWEEN CODY
WADE AND THE CITY OF MIAMI BEACH, FLORIDA, IN THE AMOUNT OF
$130,000.00; AND AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO TAKE THE NECESSARY AND APPROPRIATE STEPS FOR
THE IMPLEMENTATION THEREOF.
RECOMMENDATION
For the reasons outlined in this Memorandum, the Office of the City Attorney recommends that
the City Commission approve the settlement between Cody Wade and the City of Miami Beach,
Florida, in the amount of$130,000.00; and authorize the City Manager and City Attorney to take
the necessary and appropriate steps for the implementation thereof.
BACKGROUND
Plaintiff, Cody Wade, brought an action against the City of Miami Beach and two police officers
under state and federal law relating to an alleged excessive use of force on June 28, 2019.
The City is represented in this action by the Office of the City Attorney and the officers are
represented by outside counsel.
This matter is pending before the Honorable Robert N. Scola, United States District Judge, Case
No. 21-22619-CIV-SCOLA with a jury trial pending.
The City wishes to avoid the expense, delay, and uncertainty of lengthy litigation and appeals.
FISCAL IMPACT
Pursuant to Section 2-12 of the City Code,the proposed settlement will not result in an anticipated
increase in budgeted revenues or expenditures of the City in this fiscal year, or in the next fiscal
year.
RP/HJH/ag
Page 10 of 508