96-22137 RESO
RESOLUTION NO. 96-22137
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RATIFYING THE SETTLEMENT AND
RELEASE AGREEMENT AND PAYMENTS TO FOUR NON-PLAINTIFF
SWA T TEAM MEMBERS.
WHEREAS, Article IV, Section 4.02, of the Miami Beach City Charter and City of Miami Beach
Resolution No. 91-20287 states that the City Manager may negotiate the terms of written documents in which
the City is a party or in which the City is bound to the terms thereof; and
WHEREAS, the City of Miami Beach was sued in Joseph T. McCormick. et al.. v. City of Miami Beach.
Florida. Case No. 91-1941-CIV-MOORE, by twenty-eight (28) current and former Police and Fire Department
employees under the Fair Labor Standards Act concerning overtime payment claims relative to their duties
on the SWAT team; and
WHEREAS, it is the recommendation of the City Manager that overtime payments occur for similarly
situated non-plaintiffs, who could have sued for similar claim, said payments exhibiting the City's willingness
to have a good relationship with its employees and treat said individuals fairly.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that it hereby ratifies the Settlement and Release Agreements and
payments to those four non-plaintiff SWAT team members, conditioned upon the signing and execution of the
Release of Claims; the employee names and payment amounts before applicable deductions required by law
are:
Osvaldo Alvarez - $26,000.00
Anthony Pizzo - $26,000.00
Ronald Chapman - $26,000.00
Michael Putz - $26,000.00
PASSED AND ADOPTED this 25th day of
September
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Date _ iJ.Jl>-.l.!2_b
ATTEST:
Ro bJ- fOJv~
City Clerk
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f:ICMGRI$ALLICOMM-MEM.96ISWA T-NON. PL T
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CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO.-.5S.k
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: September 25, 1996
SUBJECT:
SWAT L1TIGATI
AGREEMENTS A
1R OlUTION RATIFYING THE SETTLEMENT AND RELEASE
PAYMENTS TO NON-PLAINTIFFS
FROM:
Jose Garcia-Pedrosa
City Manager
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
The City was sued, (Joseoh T. McCormick. et al.. v. the City of Miami Beach. Case No. 91-1941-CIV-MOORE)
by 28 of our Police and Fire Department personnel under the Fair Labor Standards Act concerning overtime
payment claims relative to their duties on the SWAT team. Each of these Plaintiffs, except one, received
$26,000.00, less applicable deductions required by law.
I have identified four (4) other employees who were assigned to SWAT for the majority of the period as was
the case with the Plaintiffs. These employees could have sued the City as well, but chose not to do so. It is
my intention to give these four (4) non-plaintiffs the sum of $26,000.00 each, minus applicable deductions
required by law. The employees are Osvaldo Alvarez, Ronald Chapman, Anthony Pizzo, and Michael Putz.
All of these non-plaintiffs will be asked to sign an affidavit regarding their work, as well as a release of potential
claims against the City.
I believe that having good relationships with our employees is one of our highest priorities. If we ask our
employees to trust in our good will, they must know of our willingness to deal with them fairly.
Funding for this expenditure will come from our self-insurance funds.
CONCLUSION:
The att,hed Resolution should be passed and adopted.
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Attachment
f:\cmgr\$alnComm-mem.96\SWAT-NON.PTL
a:\COMM-MEMOlI96\SWAT-NON.PL T
AGENDA ITEM
C- l-X
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DATE