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Resolution 2025-33500RESOLUTION NO. 2025-33500 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO A SETTLEMENT OF CIVIL RIGHTS & TORT CLAIMS FILED BY JOHNATHAN HALL AGAINST THE CITY OF MIAMI BEACH, AND PAYING $500,000.00 FROM THE CITY'S RISK MANAGEMENT CLAIMS FUND; AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE THE NECESSARY AND APPROPRIATE STEPS FOR THE IMPLEMENTATION THEREOF; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY DOCUMENTS AND/OR AGREEMENTS, AS REQUIRED, TO EFFECTUATE THE TERMS OF THE SETTLEMENT WHEREAS, Johnathan Hall is currently represented by counsel in a litigation against the City of Miami Beach and certain Miami Beach Police Department ("MBPD") officers, in the United States District Court, Southern District of Florida, Case No. 24-cv-20980-DPG, commenced on March 13, 2024, alleging violation of state and federal law relating to an incident on March 14, 2020; 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, in connection with Court -mandated mediation, the parties have reached a full and final compromise and settlement of all matters, cause of action, claims and contentions as to all parties, 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 $500,000.00 from the City's Risk Management Claims 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 of the City of Miami Beach, Florida, consent to a settlement of the civil rights and tort claims filed by Johnathan Hall against the City of Miami Beach and the named defendant MBPD officers and paying $500,000.00 from the City's Risk Management Claims Fund; and authorize the City Manager and City Attorney to take the necessary and appropriate steps for the implementation thereof; and further authorizing the Mayor and City Clerk to execute any documents and/or agreements, as required to effectuate the terms of the settlement. PASSED and ADOPTED this 3rd day of February, 2025. ATTEST: DL FED G 5 21125 Steven Meiner, Mayor VED AS Rafael E. Granado, City Clerk FORM PPR& L ANGUAGOE & FOR EXECUTION 5 P-�'y''S OR IV� ti 20?.S_ NCORPORQiED` I � `j .: City Attomey Date Resolutions - C7 AY MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: City Attorney Ricardo J. Dopico DATE: February 3, 2025 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO A SETTLEMENT OF CIVIL RIGHTS & TORT CLAIMS FILED BY JOHNATHAN HALL AGAINST THE CITY OF MIAMI BEACH, AND PAYING $500,000.00 FROM THE CITY'S RISK MANAGEMENT CLAIMS FUND; AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE THE NECESSARY AND APPROPRIATE STEPS FOR THE IMPLEMENTATION THEREOF; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY DOCUMENTS AND/OR AGREEMENTS, AS REQUIRED, TO EFFECTUATE THE TERMS OF THE SETTLEMENT. RECOMMENDATION For the reasons outlined in this Memorandum, the City Attorney's Office and the Administration have recommended that the Mayor and City Commission approve the settlement between Johnathan Hall, the City of Miami Beach, and certain officers of the Miami Beach Police Department ("MBPD"), in the amount of $500,000.00; and authorize said amount to be paid from the City's Risk Management Claims Fund; and further authorize the Office of the City Attorney to execute any documents and/or agreements, as required to effectuate the terms of the settlement. BACKGROUND/HISTORY Johnathan Hall is currently represented by counsel in a litigation against the City of Miami Beach and certain MBPD officers, in the United States District Court, Southern District of Florida, Case No. 24-cv-20980-DPG, commenced on March 13, 2024, alleging violation of state and federal law relating to an incident on March 14, 2020. 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. In connection with Court -mandated mediation, the parties have reached a full and final compromise and settlement of all matters, cause of action, claims and contentions as to all parties, which is contingent upon approval of the Mayor and City Commission. The City Manager and the City Attorney recommend that the Mayor and City Commission authorize the settlement payment in the amount of $500,000.00 from the City's Risk Management Fund. ANALYSIS FISCAL IMPACT STATEMENT Pursuant to Section 2-12 of the City Code, the proposed resolution will not result in an anticipated increase in budgeted revenues or expenditures of the City in this fiscal year, or in the next fiscal 7 year. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https•//www.miamibeachfi.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION CONCLUSION Applicable Area Citywide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? No Is this item related to a G.O. Bond Proiect? No Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department City Attorney Sponsor(s) City Attorney Co-sponsors) Condensed Title Approve Hall Settlement Agreement (CAO) CA Previous Action (For City Clerk Use Only) 8