Res. No. 012-05-11991RESOLUTION NO. 12 -05 -11991
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
CLAIMS; APPROVING A SETTLEMENT AGREEMENT IN THE
CASE OF FELDMAN v. CITY OF SOUTH MIAMI;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SETTLEMENT AGREEMENT PROVIDED THAT IT IS
CONSISTENT WITH THE SETTLEMENT TERMS AND
CONDITIONS APPROVED BY THE COMMISSION;
DIRECTING PERFORMANCE OF CERTAIN REQUIREMENTS
UNDER THE AGREEMENT; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami
desire to settle a pending lawsuit styled Greg Feldman v. City of South Miami,
Case no.03 -20873 CA (02) (Fla. Cir. Ct. 2003); and,
WHEREAS, the City and Mr. Feldman have negotiated settlement terms
that provide for the City to make the necessary pension contributions to allow Mr.
Feldman to retire on February 1, 2005.
WHEREAS, the City Attorney advises that it is in the best interest of the
City to settle the pending action.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City Manager is authorized to execute the Settlement
Agreement and general release, once it is prepared by legal counsel provided that
the Settlement Agreement is consistent with the material terms and conditions
contained in this resolution.
Section 2. The City Manager is authorized to implement any
requirements that require action by the City. A copy of this resolution and the
Settlement Agreement will be placed in the personnel file of Mr. Feldman.
Additions shown by underlinine and deletions shown by e v^r g.
Res. No. 12 -05 -11991
Section 3. Pursuant to the Settlement Agreement the City will purchase
the remaining two years nine months of service to allow Mr. Feldman to retire
with a pension based upon twenty -five years of service.
Section 4. Mr. Feldman will retire with a retirement date of February 1,
2005.
Section 5. Mr. Feldman will be entitled to any accrued benefits
consistent with the City's policies and procedures.
Section 6. The City will reimburse Mr. Feldman the amount of three
thousand dollars towards his attorney's fees.
Section 7. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this � day of February, 2005.
ATTEST: 1
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Page 2 of 2
APPROVED:
COMMISSION VOTE:
5 -0
Mayor Russell:
Yea
Vice Mayor Palmer:
Yea
Commissioner Birts- Cooper:
Yea
Commissioner Sherar:
Yea
Commissioner Wiscombe:
Yea
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR
MIAMI -DADE COUNTY, FLORIDA
GREGORY FELDMAN, CASE NO.: 03- 20873 -CA -05
Plaintiff,
V.
THE CITY OF SOUTH MIAMI,
A FLORIDA MUNICIPALITY, MARY
SCOTT RUSSELL, Mayor, VELMA PALMER,
Vice - Mayor, RANDY G. WISCOMBE, MARIE
BIRTS- COOPER, CRAIG Z. SHERAR,
Commissioners and MARIA DAVIS, City Manager,
all in their official capacity.
Defendants.
SETTLEMENT AGREEMENT AND GENERAL RELEASE
This Settlement Agreement and General Release in entered into by and between
the City of South Miami, Florida (hereinafter "the City" or "City'), and Gregory Feldman
(hereinafter "Feldman "), collectively "the parties ", this 7 day of
2005.
WHEREAS, Feldman has filed a civil action against the City in the Circuit
Court of the 11`" Judicial Circuit in and for Miami -Dade County, Florida, which is styled
Gregory Feldman, Plaintiff v. The City of South Miami, Horace Feliu, Mary Scott
Russell, David Bethel, Dan McCrea, Randy Wiscombe, and Maria Davis,
Defendants, Case No. 03- 20873- CA -02, as a result of his reduction in rank from the
position of Assistant Chief of Police,
Feldman v. City of South Miami
Case No.: 03- 20873 -CA -05
Settlement Agreement
Page 2
WHEREAS, the City has denied any and all liability in this matter continues to do
so, and
WHEREAS, the parties are desirous of settling the dispute between them fully
and finally;
THEREFORE, in consideration of the mutual promises and covenants contained
herein, it is agreed as follows:
1. The City shall rescind Feldman's termination, effective January 21, 2005, and
place him on paid Administrative Leave until such time as the City Commission
approves a Resolution authorizing a settlement upon the material terms and upon
execution of the Agreement by the City as authorized under the Resolution. At the time
of the execution of this Agreement by the City pursuant to the Resolution approving
settlement, Feldman shall submit his irrevocable notice of retirement within twenty four
(24) hours of notice to his counsel that Agreement has been signed by the City. The
City has passed a Resolution and the terms and conditions of said Resolution are
incorporated by reference.
2. Upon Feldman submitting his irrevocable notice of retirement, the City shall
contribute an amount of money, as determined by the City's actuaries, to fund the
remaining 2 years and 9 months necessary to allow Feldman to fully vest his retirement
pension and retire as of February 1, 2005, with a pension based upon twenty five (25)
years of service.
r
Feldman v. City of South Miami
Case No.: 03- 20873 -CA -05
Settlement Agreement
Page 3
3. Upon Feldman submitting his irrevocable notice of retirement, he shall retire
with the rank of Assistant Chief of Police. Feldman recognizes and understands that
this conferred rank is only in name, and that the City bears no financial responsibility to
him as a result of his retirement rank including, but not limited to, any pay differential or
increased pension benefit. Feldman will, however, be entitled to a badge and
identification card identifying his retired rank as Assistant Chief of Police.
4. Within ten (10) days of the execution of this Agreement by Feldman, the City
will pay to Feldman, or his designee, the sum of three thousand ($3,000.00) for
attorneys' fees.
5. Upon request, the City shall provide a positive letter of reference to
prospective employers consistent with his personnel file. For example, if Feldman's
personnel file reflects that he received outstanding evaluations, the City shall provide a
letter of reference stating that Feldman received outstanding evaluations during his
employment at the City.
6. Upon retirement, Feldman shall be entitled to a complete copy of his
personnel file with the City.
7. Feldman hereby releases and holds harmless The City of South Miami, its
agents, employees, and officers, Horace Feliu, Mary Scott Russell, David Bethel, Dan
McCrea, Randy Wiscombe, and Maria Davis from any and all claims, demands, or
causes of action, whether asserted or unasserted, of any nature whatsoever; including,
3
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Feldman v. City of South Miami
Case No.: 03- 20873 -CA -05
Settlement Agreement
Page 4
but not limited to claims for extraordinary relief under the common law of the State of
Florida (or any other state), the Florida Police Officers' Bill of Rights, the Florida Public
Employees Whistle Blowers Act, Title VII, the Age Discrimination in Employment Act,
the Americans With Disabilities Act, the Older Workers' Benefit Protection Act, 42
U.S.C. § 1983, 42 U.S.C. § 1981, the Florida Civil Rights Act, and any other federal,
state, or administrative claim of any nature. Feldman further agrees not to file any
administrative complaints, whether with a state, federal or local body, against the City,
its agents, officers and employees. Feldman acknowledges that this Agreement shall
constitute a full and final general release of any and all claims he has brought or could
have brought.
8. Feldman acknowledges and represents that he has had the opportunity to
review this Agreement with his attorney prior to his executing it. Plaintiff also
acknowledges and represents that he understands all of the terms and conditions of
this Agreement.
9. The parties hereby agree that this Agreement contains all of the terms and
conditions are contained in this Agreement and that there are no other agreements
between the parties, written or oral.
Ell
Feldman v. City of South Miami
Case No.: 03- 20873 -CA -05
Settlement Agreement
9. The parties hereby agree that this Agreement contains all of the terms and
conditions and that there are no other agreements between the parties, written or oral.
// I 4�lvz�-
Maria DalAs, City Manager, as authorized by
the City Commission
