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99-23106 RESO R7 - Resolutions R7C City Attorney Commission Memorandum No. A Resolution regarding a Settlement of Federal Lawsuit Styled William Thomas Skinner vs. City of Miami Beach. United States District Court, Southern District. Case No. 97-1355 crv MORENO. (City Attorney's Office) (Documents in Legal - To be Submitted) ~ c ~ w ~~ Agenda Item R1~ Date - AftelAction" March 17, 1999 City of Miami Beach The City Attorney's office recommended approval of the settlement City Manager Sergio Rodriguez stated that both he and Chief Barreto. agree that Lt Skinner should not receive the pay of a Captain unless he is a Captain, The City Manager then suggested that if there is a settlement, Mr. Skinner should be appointed to the rank of Captain and that he would then have the same benefits and responsibilities as all other Captains in the department (replacing paragraph 4), As part of the settlement, the City Manager recommended appointing Lt Skinner to the rank of police captain, Resolution No. 9-23106 adopted. Motion made by Commissioner Smith to accept the settlement proposed by the C Attorney's ce, as modified by the City Manager's recommendation; seconded by Commissioner Cruz; vOice vote: 6-0; absent: Mayor Kasdin, R7D Commission Memorandum No. 228-99 A Resolution Requesting that the Metropolitan Planning Organization and the Florida Department of Transportation Extend the Proposed Tunnel Segment of the East-West Multimodal Corridor Project, from its Presently-Planned East Terminus, the Port of Miami, to South Pointe in Miami Beach, Thereby Making the Beach Connection a Part of the Project's First Minimum Operative Segment (MOS-1), and Meeting the Regional Transportation Needs of the Miami Beach Residents, Commuters and Visitors, Administration Recommendation: Adopt the Resolution, (Community/Economic Development) ACTION: Resolution No, 99-23107 adopted, Motion made by Commissioner Liebman; seconded by Commissioner Smith; voice vote: 4-1 (opposed: Commissioner Shapiro); absent: Mayor Kasdin and Commissioner Dermer, Christina Cuervo to handle, Handout: East-West Multimodal Corridor / Description of Projects / Florida Department of Transportation / May 1997 23 Afte, ActiO!' , March 17, 1999 City of Miami Beach R7B Commission Memorandum No. 227-99 A Resolution Authorizing the Mayor to Execute the Lease between 711 Deco. Inc. and the City of Miami Beach Dated June 20, 1997, and Directing the City Manager to Identify Funding of Approximately $60,000 from the Ultimate User Department, Seeking Subsequent Appropriation Authorization, to Pay the City's Net Cost of Building Out Approximately 3,000 Square Feet of Space Leased by the City at 701-725 5th Street in the City of Miami Beach, Florida; and Providing an Effective Date. Administration Recommendation: Adopt the Resolution. (Asset Management) ACTION: Resolution No. 99-23105 adopted. Motion made by Vice-Mayor Gottlieb; seconded by Commissioner Smith; voice vote: 6-0; absent: Commissione! Cruz. W1/r'f ... . . " R7C City Attorney Commission Memorandum No. ?IIJ~...-' t/t~ P'/j;;:. .~w A Resolution regarding a Settlement of Federal Lawsuit Styled William Thomas ~r ~s. City of _, .< j Miami Beach, United States District Court, Southern District, Case No. 97-1355 CIV MORENO. c7}..N'P- (City Attorney's Office) -"t.!"';j (Documents in Legal- To be Submitted) ,(v3 t.5 ACTION: The following was read into the record by Chief Deputy City Attorney Donald Papy: This is a reverse discrimination case brought by Lt. William Skinner, a non-Hispanic, against the City because of the appointment of Leonard Alamo, a Hispanic, to the position of Captain in the police department in September 1996. Lt. Skinner sued to obtain the Captain position, back pay, pain and suffering damages, costs and attorney fees, claiming that he was not selected because of his ethnicity (i.e. that he is not Hispanic). On February 17, prior to the start of trial, which was anticipated to take 8 days, because of the additional costs, risks, and exposure to the City, the City Attorney's office reached a tentative settlement proposal with the Plaintiff and his attorneys, subject to approval by the Commission, which contains the following terms: 1. Non-admission of liability. 2. No back payor compensatory damages. 3. Non-retaliation provision. 4. That Plaintiff remain as a Lieutenant but hereafter receive a supplement to his salary equal to the difference between a Lieutenant's pay and Captain's pay (as ifhe had been appointed in September 1996). Any overtime Plaintiff that works, as a lieutenant, which is ordinarily compensated separately, would be credited to the City in the supplement. Additionally, Plaintiff would have full access to a City car, as do Captains. rather than the restricted FOP car he now has. 5. Pay reasonable attorney fees and costs--determined through mediation or by the Court. 22 11- Z >; !de., "' . UNITED STATES DISTRICT COUlZT SOUTHERN DISTRICT OF FLOlUDA ....:.;.~:~~."'... "-,~' '''',:~:",~ WILLIAM T. SKINNER Plaintiff, v. CASE NO. 97-1355-CIV-MORENO Magistrate Judge Turnoff CITY OF MIAMI BEACH Defendant / SETTLEMENT STIPULATION The Parties settle the above-referenced case as outlined in the hearing transcript attached hereto as Exhibit "A", with the following modifications: 1. The City shall appoint Skinner to Captain forthwith, in lieu of Skinner remaining as a Lieutenant and receiving the supplement as contemplated by Exhibit "A." Skinner's starting salary as a Captain shall be computed as provided in Exhibit "A", and shall be retroactive to February 17, 1999. 2. If, after being promoted to Captain, Skinner is harassed or discriminated against by the City in retaliation for having brought this litigation, he may seek a voluntary demotion to Lieutenant with the supplement referred to in Exhibit "A." Should Skinner seek such voluntary demotion, it will be his burden, in an arbitration proceeding to be heard before Robert L. Norton, Esq., to establish that he has been harassed or discriminated against in retaliation for having brought this litigation. If Skinner is unable to meet his burden in this paragraph, he may, at his option, continue to hold the position of Captain or be returned to the position of Lieutenant without the supplement referred to in Exhibit "A." '. ". 3. If, after promoting Skinner to Captain, the City seeks to demote Skinner back to the position of Lieutenant, based upon alleged substandard performance or misconduct, the City will have the burden of establishing in an arbitration proceeding to be heard before Robert 1. Norton, Esq., that such demotion would be based upon just cause. Should the City meet its burden, Skinner will then be demoted to Lieutenant without the supplement referred to in Exhibit "A." 4. If, after being promoted to Captain, Skinner is demoted to Lieutenant, based upon a position elimination or budget cut, he will retain the supplement referred to in Exhibit "A.n 5. The term of this Agreement shall be for a period of four years from the date of its execution by the parties. During the term of this Agreement, Skinner agrees to waive any claim of retaliation under Title VII and Chapter 760, Florida Statutes with regard to those matters subject to arbitration as provided in paragraphs 2 and 3 above. 6. The arbitrator's fees and costs will be divided equally by the parties with each party being responsible for its own attorney's fees and other costs associated with the arbitration provided for in paragraphs 2 or 3 above. If for any reason Robert 1. Norton cannot hear the case, the parties shall attempt to agree on a substitute for Norton and ifunable to do so, shall contact Federal Mediation and Conciliation Services for a panel of 5 arbitrators. Upon receipt of the panel of arbitrators from the Federal Mediation and Conciliation Services, the parties shall strike names alternated with the moving party striking first. After striking names, the remaining arbitrator shall hear the case. The decision of the arbitrator, whether Norton or a substitute, shall be final and binding. 7. The parties consent to filing of this stipulation with the Court. The parties stipulate to entry of an Agreed Order which ratifies and approves this Agreement, and adopts this 62908_1 2 Agreement as the order of the Court. The Agreed Order will provide for administrative dismissal of the pending action, with prejudice, with a reservation of jurisdiction to determine the amount of reasonable costs and reasonable attorney's fees to be awarded to Plaintiff and Plaintiffs counsel as provided for in point 4 of Exhibit "A", and a reservation of jurisdiction to enforce the Agreement and the Agreed Order. READ AND AGREED as of the last date set forth below. Dated 3/51/f1 d/~~ William T. Skinner CITY OF MIAMI BEACH Dated Jhl/1? / / By: /'/'w"f Colj)-f--Jn, Name: ~~ Title: 5,r, t1~st elf)'" ~ / 62908_1 3 ~ CERTIFICATE OF ATTORNEYS The undersigned counsel have reviewed the foregoing Settlement Stipulation with their respective clients, and certify that they have fully explained their rights and obligations thereunder. CATLIN, SAXON, TUTTLE & EVANS, PA Attorneys for Plaintiff 1700 Alfred 1. Dupont Building 169 East Flagler Street Miami, Florida 33131 Telephone (305) 371-9575 Fax: (305) 371-9575 By: ~/)r: ~:; 1. St phen-J. Kolski, Jr. tf' Fla. BarNo.: 856673 MURRAY H. DUBBIN, CITY ATTORNEY Attorneys for Defendant 1700 Convention Center Drive 4th Floor Legal Department Miami Beach, Florida 33139 . Telephone: (305) 673-7470 Fax: (305) 673-7002 By~//::iILrv Print Name Fla. Bar No.: ,J'r> Zl2>{ 62908_1 4 " ,.. '.." ".}.. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION WILLIAM THOMAS SKINNER, Case 97-1355-CIV-FAM Plaintiff, vs. MIAMI, FLORIDA FEBRUARY 17, 1999 CITY OF MIAMI BEACH, Defendant. TRANSCRIPT OF PROCEEDINGS BEFORE THE HONORABLE FEDERICO A. MORENO, UNITED STATES DISTRICT JUDGE APPEARANCES: FOR THE PLAINTIFF: STEPHEN KOLSKI, JR., ESQ. WILLIAM TUTTLE, ESQ. HELEN SCHWARTZ, ESQ. FOR THE DEFENDANT: DONALD PAPY, ESQ MARK GOLDSTEIN, ESQ. REPORTED BY: .... ANTON B. SCHWARTZ, RPR-CP Official Federal Court Reporter Federal Justice Building, Ste. 1061 99 Northeast 4th Street Miami, FL 33132 - 305/523-5118 . . TOTAL ACCESS~ COURTROOM REALTIME T~SCRIPTIO~ /I .,.- " JJ. ,. , ~ ..-, t . 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SKINNER vs CITY OF MIAMI BEACH - 02-17-99 . 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Let me call our trial. Skinner versus City of Miami Beach, Case No: 97-1355-CIVIL-MORENO. On behalf of the plaintiff? MR. KOLSKI: Steve Kolski here on behalf of the plaintiff. I have Bill Tuttle of my office, Helen Schwartz of my office, and Tom Skinner, the plaintiff. MR. PAPY: Donald Papy and Mark Goldstein on behalf of the City of Miami Beach. THE COURT: My clerk tells me you have settled the case. Is that true? MR. KOLSKI: I think we have an understanding in principle, and we would request approximately twenty minutes to fine tune the details before I-think we might be in a position to announce the settlement on the record before the Court. THE COURT: We will give you twenty minutes. We have the jury to start. In other words, I can't continue the case. You either have a settlement and announce it in open court, and it becomes a binding contract, or we have to go to trial. MR. PAPY: Your Honor, as you are aware, since the City of Miami Beach is a municipality, we do have the -- what we are here to do is announce a settlement, we believe, that would then be announced -- excuse me -- then be submitted to the City Commission for their approval. SKINNER vs CITY OF MIAMI BEACH - 02-17-99 / . 4 1 THE COURT: With a strong recommendation from.t.he 2 City? 3 MR. PAPY: From the City Attorney's Office, yes, 4 Your Bonor, as we have done in the past. 5 THE COURT: Is there any indication that the City 6 Commissioners may not agree? 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. PAPY: No, Your Honor. THE COURT: I don't know if this is a hot political subject or something like that. MR. PAPY: No indication. THE COURT: Or the Commissioners have expressed an opinion or ran on this issue, and thus would have to fulfill their obligations and vote against it because that is why they ran. They are entitled to, but just so I know. MR. PAPY: THE COURT: MR. KOLSKI: Not to my knowledge, Your Honor. To your knowledge? Not to my knowledge, Your Bonor. Mr. Papy has made representations to me that his recommendation would support this proposed settlement and the Commissioners would accept it. THE COURT: Then we will give you twenty minutes and we will be right back. [There was a short recess]. THE COURT: We are back on Skinner versus Citi of Miami Beach. What say you all? SKINNER vs CITY OF MIAMI BEACH - 02-17-99 ,. 5 1 MR. KOLSKI: Your Honor, Steve KalskL. ~.. 2 pleased to announce that we have reached a .setll~.eJJ..:t.~,.. .._ 3 the case which we will read into the record. 4 THE COURT: Please do. 5 MR. KOLSKI: Counsel for the defendant, Mark 6 Goldstein, will initially announce some preliminary 7 matters, and then I will read into the record the 8 substantive provisions of the settlement. 9 MR. PAPY: Donald Papy on behalf of the City of 10 Miami Beach. 11 We just want to state on the record, as part of 12 this agreement, that this case was brought by Lt. Skinner 13 against the City of Miami Beach under Title VII, as well as 14 several other statutes, claiming that he was denied an . 15 appointment in September of 1996 to the position of 16 captain; that he was discriminated against because of his 17 race or nationality, and that he was the best qualified 18 person for the particular position that was eventually 19 given to Lt. Alamo, Leonard Alamo. 20 The defendant, of course, denies liability in the 21 case, denied the allegations of this, and the parties, of 22 course, are entering into this agreement with the 23 understanding that it is a compromise of a disputed claim; 24 that both parties recognize that their positions remain 25 intact, and that in order to move forward and avoid the SKINNER vs CITY OF MIAMI BEACH - 02-17-99 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 risk of future litigation, costs and associated matters, that we are entering into this proposed agreement of the case, subject again from the defendant's point of view to the approval of the City Commission. THE COURT: Which you will, of course, recommend to them. MR. PAPY: Which we will recommend to the City Commission, yes, Your Honor. THE COURT: Okay. MR. KOLSKI: Your Honor, Steve Kolski. The terms of the settlement are as follows. Point 1: Effectively immediately, William Thomas Skinner will be compensated upon a basis equivalent to his current and future based Lieutenant's pay on a bi-weekly basis, plus a supplement. The supplement will be initially calculated as the difference between the base captain's pay. Tom would have been paid today as if he would have been appointed to the rank of captain on September 20, 1996, less his current base lieutenant's salary for each pay period. Thereafter, the supplement will be recalculated and adjusted whenever lieutenants or captains receive an across the board pay raise based upon the percentage of the applicable pay raise as applied to the figures comprising the initial supplement as increased over time. SKINNER vs CITY OF MIAMI BEACH - 02-17-99 ~ , , ' . I : 7 1 It is contemplated that the amount of the 2 supplement may increase; i.e., in the event the captains 3 receive a raise or decrease; i.e., in the event lieutenants 4 receive a raise over time. 5 In the unlikely event, the captain's base salary 6 or wages is ever less than a lieutenant's base salary or 7 wages, Tom will receive at least a lieutenant's base salary 8 or wages, and he will not owe money back. 9 The supplement shall be pensionable. .The City 10 will be entitled to a credit against any supplement equal 11 to the amount of overtime earned by Tom during any period, 12 pay period, not to exceed the amount of the supplement. 13 MR. PAPY: If I might, the first words of this 14 were effective immediately, and, of course, this is all 15 subject to Commission approval of it. 16 MR. KOLSKI: I think, Your Honor, the concept is 17 it would be, if the Commission does approve the settlement, 18 the payments and other terms of this settlement will apply 19 retroactively to today. 20 MR. PAPY: That is correct. 21 MR. KOLSKI: Point 2 of the settlement is as 22 follows: 23 Tom shall be provided with an unmarked City 24 automobile, which he may use for City and personal use 25 without restriction to the same extent that captains may SKINNER vs CITY OF MIAMI BEACH - 02-17-99 . . , ,.~ . 8 1 use their vehicles from this point forward, and this 2 vehicle will be provided without cost to him. 3 Tom will return his FOP automobile. At all 4 times, the unmarked City automobile will be equivalent of 5 the City vehicle provided to captains. 6 Alternatively, if the City cannot provide the 7 unmarked City automobile for any reason, then the City will 8 pay Tom a car allowance of $300 per month, if captains 9 continue to be permitted to use their vehicle for personal 10 use. 11 Effective immediately, this is Point 3, effective 12 immediately, Tom shall receive all administrative days 13 afforded to captains, if any. 14 Point 4: Tom and his attorneys shall be granted 15 entitlement effective this date to recover all reasonable 16 attorney's fees and costs incurred associated with these 17 proceedings from the date of the filing of the EEOC claim, 18 through the date of the determination of the cost and fees 19 with the amount either later agreed to between parties and 20 counselor determined by the Court. 21 Absent agreement of the parties as to the amount 22 of fees and costs within fifteen days of Commission 23 approval, the parties agree to mediate the dispute, and if 24 no agreement is reached, the amount will be determined by 25 the Court. SKINNER vs CITY OF MIAMI BEACH - 02-17-99 . ." '-." ~- l 9 1 Point 5: The City will not retaliate against Tom 2 as defined in Title VII in his future employment with the 3 City. 4 Point 6: Settlement will be announced in Court 5 today subject to City of Miami Beach Commission approval. 6 The City Attorney's Office will recommend 7 settlement to the Commission on the terms and conditions 8 announced today. 9 A joint request to continue today's trial will be 10 made, and I apologize, this is somewhat redundant, to 11 permit the City Commission to consider approval. 12 If the City Commission fails to approve this 13 settlement in sixty days, plaintiff will notify the Court 14 and the entire case will be tried on the next available 15 trial calendar. 16 Point 7: This settlement is without prejudice to 17 Tom's pending retaliation charge, which charge is currently 18 pending with the EEOC. 19 Point 8: Upon approval of the settlement by the 20 City Commission, the parties stipulate to dismiss this 21 action with prejudice, with a reservation of jurisdiction 22 to enforce the terms of the party's settlement stipulation 23 announced on the record today, including entitlement and 24 enforcement of payment of any fees agreed to. 25 At this point, Your Honor, I have concluded SKINNER vs CITY OF MIAMI BEACH - 02-17-99 ,.,. I ,. (- 10 1 announcing the substantive terms of the settlement and 2 would turn the floor over, if appropriate. I don't think 3 anybody else has anything to add. 4 THE COURT: I don't know. Does anybody? 5 MR. PAPY: No, Your Honor. 6 THE COURT: Okay. When is the next -- when is it 7 going to be on the agenda? 8 MR. PAPY: Your Honor, the next Commission 9 meeting will be, I believe, March 3 . We will attempt to 10 present it at that time. 11 The next Commission thereafter would be two 12 weeks, but we are trying to do this as promptly as 13 possible, and would like to have this all concluded. 14 THE COURT: I expect all the various settlement 15 documents to be submitted by March 24th. How is that? 16 MR. KOLSKI: That works for us, Your Honor. 17 MR. PAPY: Yes, sir. 18 THE COURT: Okay. Thank you. Have a good day. 19 20 21 22 23 24 25 SKINNER vs CITY OF MIAMI BEACH - 02-17-99 ~ !. f' ~. 11 1 C E R T I F I CAT E 2 I hereby certify that the foregoing is an accurate 3 transcription of proceedings in the above-entitled matter. 4 5 DATE ANTON B. SCHWARTZ, RPR Official Federal Court Reporter Federal Justice Building, Ste. 1061 99 Northeast 4th Street Miami, FL 33132 - 305/577-4835 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . Qua1i~y Assurance by proximi~y Linguib~~e Technologies /~ Aec--'. , ,/' . .. ...t:'t./~' >,', ~, FILED by ~ D. C. APR 1 3 1999 CARl.OS JUf'NKE CLERK U.S. OISl. CT. S.D. OF Fl.A. . MIAMI UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA ("": ~ :":-J > ~ WilLIAM THOMAS SKINNER, s -'-' Plaintiff , CASE NO.: 97-1355 CIV-MORENO -< '-:'-! C/; --:.:: MAGISTRATE: JUDGE TU~NQ@F -:-; ~ c-; .;;- ,." v. CITY OF MIAMI BEACH, Defendant. / AMENDED FINAL ORDER OF DISMISSAL THIS CAUSE having on to be heard upon the stipulation of the parties, and upon the Court's review of the parties' March 31, 1999 Settlement Stipulation, it is hereby: ORDERED and ADJUDGED: 1. The parties' March 31, 1999 Settlement Stipulation it is hereby ratified, approved and adopted as the order of this Court. 2. This Cause is DISMISSED pursuant to the terms of the parties' Settlement Agreement. Fed.R.Civ.P.41 (a) (1) (ii). 3. This Court's March 31,1999 Final Order Of Dismissal And Order Denying Any Pending Motions As Moot is hereby vacated only to the extent it purported to finally dismiss this Cause. .~~. This Court.serves jurisdiction to enforce. parties' Settlement : Stipulation and this Order. DONE AND ORDERED in Chambers at the United States District Courthouse in 1-<-- Miami, Florida, nunc pro tunc to March 31, 1999, thiSV day of April, 1999. :::;:--> Copies fumished: Catlin, Saxon, Tuttle & Evans, PA Donald M. Papy, Esq. STIPULATION FOR THE ENTRY OF AMENDED FINAL ORDER OF DISMISSAL The parties, through counsel, hereby stipulate to entry of the foregoing Final Order. By: Miami Beach City Attorney's Office Attorneys For Defendant 1700 Convention Center Drive 4th Floor-Legal Dept. Miami Beach, Florida 33139 Telephone: 305-673-7470 Facsimile: 305-673-7002 Catlin, Saxon, Tuttle and Evans, PA Attorneys for Plaintiff 1700 Dupont Building 169 East Flagler Street Miami, Florida 33131 Telephone: 305-371-9575 Facsimile: 305-371-8011 . . a es Catlin, Jr., Esq. ar No.: 096406 By. ~~ Fla. Bar No.: 04471