Res. No. 102-00-10995RESOLUTION NO.102-00-10995
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 RATNER v.CITYOF SOUTH MIAMI;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT;DIRECTING PERFORMANCE OF CERTAIN
REQUIREMENTS UNDER THE AGREEMENT;PROVIDING
AN EFFECTIVE DATE.
WHEREAS,the Mayor andCityCommission of theCity of SouthMiami
desiretosettleapendinglawsuitstyled Thomas H.Ratner v.City ofSouth Miami,
Caseno.98-22043 CA-02 (S.D.Fla.1998);and,
WHEREAS,the City Attorney advisesthatitisinthe best interest of the
City tosettlethepending action,the settlement is non-monetary,andthe
agreement,entitled "Settlement andRelease Agreement,"which is attached tothis
resolution,is legally sufficient informandcontent.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OFTHECITYOFSOUTHMIAMI.FLORIDA;
Section 1.The settlement agreement,entitled "Settlement Agreement
and General Release,"which is attached to this resolution,is approved.The City
Manager is authorized to execute the agreement andto implement any
requirements thatrequireactionbytheCity.Acopy of thisresolutionandthe
settlementagreementwillbeplacedinthepersonnelfile of Mr.Ratner.
Section 2.This resolution shalltakeeffect immediately upon approval.
PASSED ANDADOPTEDthis 2no day of May,2000.
ATTEST:APPROVED:
/J&*xZGl><^3/c
CITY CLERK //MAYOR
2^1
Additionsshownbyunderlininganddeletionsshownbyoverstriking.
READ AND APPROVED AS TO FORM:
^6ffY ATTORNEY
\\DelI_6100\Documents^City of South Miami\0022-001\3298.doc
COMMISSION VOTE:5-0
Mayor Robaina:Yea
Vice Mayor Feliu:Yea
Commissioner Wiscomb&A Yea
Commissioner Bethel:Yea
Commissioner Russell:Yea
Page 2 of2
Resolution No.102-00-10995
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayor and City Comm'n.
From:Earl G.Gallop ^&^
Date:April 26,2000 m
Re:Resolution approving settlement
Thomas H.Ratner v.City ofSouth
Miami,Case no.98-22043 CA-02
(S.D.Fla.1998)
Subject:Aresolutionrelatingtoclaims;approving anon-monetary settlement withRatner.
Discussion:Ratner,aformercity of SouthMiamipoliceofficer,suedthecityinfederal
districtcourtonclaimsthatthecityinterferedwithhisemploymentwiththeFloridaFresh
WaterFishandGame Comm'n.andviolatedafederalrightbyseekingtohavehimde
certified bythe state of Florida.The allegations are false.Ratner proposed a non-monetary
settlementtoremoveaterminationmemofromhispersonnelfile,whichhemaintainswill
assisthiminobtainingemploymentasasecurityofficer.Innegotiations,wedeclinedto
agreetoremoveanypublicrecordsfromhis file,butagreedtoallowhimtoplaceinthe file
a back-dated resignation letter,attached toa settlement agreement,andtoreferany
prospectiveemployerstohispersonnel file withoutcommentingonthenature of his
severance fromthecity.I believe thatthis arrangement maintains the integrity of thefileand
the facts for anyone to review.Mr.Scurr andChief Watson have reviewed and approved the
settlement agreement.
Recommendation:Approve the settlement agreement resolution.
SETTLEMENT AGREEMENT AND GENERAL RELEASE
This Settlement Agreement andReleaseisenteredinto between Plaintiff,THOMAS
RATNER (hereinafter referred toas "RATNER"),and Defendant,THE CITY OFSOUTHMIAMI,
FLORIDA ("hereinafter referred toasthe "City").RATNER and theCITY shall collectively be
referredtoasthe"Parties").
WHEREAS,RATNER wasemployedbytheCITY as apoliceofficeruntilJuly 18,1991.
WHEREAS,RATNER hasfiledalawsuitagainstthe CITY to which Civil Action No.98-
02580-CrV-SEITZwasassigned (hereinafter the"CivilAction");
WHEREAS,the CITY deniedthe allegations made against it by RATNER intheCivil
Action;
WHEREAS,the Parties,inan amicable fashion,desire to avoid incurring further costs of
litigation and are desirous of settling all disputes and claims betweenthemin conjunction with
RATNER's employmentwith and/or termination from theCITY,including,butnotlimitedto,
RATNER's claimsagainstthe CITY;
WHEREAS,the Parties have reached a full and final compromiseandsettlement of all
matters,causes of action,claims and contentions between them.
NOW,THEREFORE,in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration,and to avoid unnecessary litigation,
ITIS HEREBY AGREED by and between thePartiesasfollows:
1.The CITY deniesthe allegations made against itby RATNER intheCivilAction.
This Agreement shall notinanywaybe construed as an admission bytheCITY of any unlawful
1
conduct or wrongdoing whatsoever against RATNER oranyother person orasan admission bythe
CITY of anyviolation of anyOrder,law,statute,duty,contract,oranyact of discrimination,
whatsoever,against RATNER orany other person.
2.ThePartiesherebyagreetoexecutewhatever documents are reasonably
required to facilitate or effectuate this Agreement.The Parties agree that they will take all necessary
actions and execute,serve and file all necessary documents and pleadings to dismiss Civil Action
No.98-02580-CIV-SEITZ,with prejudice,within five (5)working days of approval by the City
Commission fortheCityof South Miami.RATNER further recognizes that this Settlement
Agreement is conditioned upon approval bytheCity Commission fortheCity of South Miami.
3.RATHER hereby unconditionally and irrevocably releases and forever discharges the
CITY,andall current or former City Commissions,its individual members,mayors,administrators,
employees,agents,servants,fiduciaries,or officers of the CITY,and their successors and assigns,
of and from,and agrees not to sue and notto assert against them any causes of action,claims,
demands,whatsoever,known or unknown,at law,in equity,or before any agency or commission
of local,state,and federal governments,arising,alleged to have arisen,or which might have been
alleged to have arisen,or which may arise under any law (whether or not alleged in the Civil
Action),including,but not limited to,federal,state and/or municipal laws such as 42 U.S.C.§1983,
Title VII,the Age,Discrimination and Employment Act (ADEA);Chapter 760,Florida Statutes;
statutes and laws of contract or torts,including without limitation,claims for wrongful discharge,
defamation,violation of civil and/or constitutional rights,negligent or intentional infliction of
emotional distress and pension,retirement or deferred compensation benefits that RATNER,on
behalf of himself and on behalf of persons similarly situated,ever had,now has,or which has heirs,
2
executors,administrators,orassigns,orany ofthem,hereaftercan,shallormayhaveforanyreason
or cause whatsoever,to the date of this Agreement.
4.1n furtherconsiderationofthe agreements above,theCITYagreestoallowRATNER
tosubmitan irrevocable Letterof Resignation fromemployment from theCITYOFSOUTH
MIAMI,reflectingadateprecedinghisterminationfromemploymentwiththeCITY.TheLetter
ofResignation shall merely state that RATNER irrevocably and voluntarily resigns his employment
withtheCITYOFSOUTH MIAMI.TheLetter ofResignation shallbe attached tothis Settlement
and Release Agreement as Exhibit "A."If RATNER so chooses to communicate this Settlement
Agreement and attached Letter of Resignation to the Criminal Justice Standards and Training
Commission forthe State of Florida,the CITY willnot oppose him in doing so.
5.This Settlement and Release Agreement,with the attached Letter of Resignation,
shall be placed in RATNER's personnel file with the CITY.RATNER recognizes that this
Settlement Agreement,with accompanying Letter of Resignation,isa public record pursuant to
Florida law.
6.1n the event ofan inquiry from any third party as to RATNER's employment with
the CITY,the CITY shall merely refer the third party to RATNER's personnel file.
7.The Parties further agree that each shall bear its own costs and attorneys'fees,and
shallmakeno claim against the other forsame.
8.RATNER further agrees not to make any application for employment,at any time,
in any capacity,with the CITY.RATNER further waives and releases any right to be considered
for such employment.RATNER further agrees that in the event he applies for employment with the
CITY,and is rejected for such employment,he will not file a charge or complaint in any court,
3
commission,or agency based on,or alleging facts related to,events occurring prior to,and including,
thedateofthe execution ofthis Agreement.RATNER agreesand acknowledges thatheisnot
waiving claims orrightsthathemayhaveaftertheexecution of this Agreement,butthathehas
contractually agreed notto apply for employment withtheCITYinthe future,andthis Agreement
shall constitute abar of anyclaimhemayhaveshouldheapplyforemploymentwiththeCITYin
the future and not be hired.
9.Nothing hereinis designed to preclude anypartyfromenforcingthe terms ofthis
Agreement,the provisions ofwhich shallbegovernedand construed in accordance with Florida law.
Inthe event of legal action between the Parties hereto,their successors or assigns,arising outofor
in connection withthis Agreement,the prevailing partyinanysuchactionshallbeentitledtoreceive
reasonable attorney'sfeesandcostsandappellate attorney's feesandcostsincurredinconnection
therewith.Thevenue of anycauseof action,claim orcomplaintarisingoutofthis Agreement shall
bein Miami-Dade County,Florida.
10.RATNER representsandagreesthathehasvoluntarilyandknowinglyenteredinto
this Agreement,that hehas had anopportunity to review this document withanyone ofhis choosing,
including his attorney,andthat this Agreement encompasses the full and complete agreement
between the Parties.
11.Should anyprovision of this Agreement bedeclaredordeterminedbyanycourt of
competent jurisdiction tobe illegal,invalid,or unenforceable,the legality,validity and enforcibility
ofthe remaining parts,terms or provisions shallnotbeaffected thereby,andsaid illegal,
unenforceable orinvalidpart,termor provision shall bedeemednottobepartofthis Agreement.
12.ThisAgreementmaybeexecutedinseveralcounterparts,each of whichshallbe
J9Y M.LEVY,P.fl TEL:305-670-0032 Apr ll'OO 10:27 No.001 P.06
deemed an original.
1MB.Agreemen.may mbe mmM ormodiflM „^^^^^owept
™wlW«gd»lyexecu^hy«heP^e8.^fteParti«^^tl«they!W,mak0IK)daims
*«.y fim.««this Agreement to been ordlj,modified or „„„<,,„.
14.TT.eP.rteSlMretoreprera.^«toow^tomM^^toAgr^eiiUhey
donotrely^tavcno,reUedon„y^reSen^ooor^em».ffiadeby»yof,hePartieSorby*>yof.bePart„.^ents,^^-m^**^^,8ubject^^or
e^tofm,'sAeTOmeMoro^se^ta^^fi^ys^.nto^toA^^
IS.mAsreemen.^b^^^^,,^^^^^^^
^Partiesaadewhofthemandtott^l^admJmMrao™,,
and assigns.
WITNESSES:
£-£=
,representatives,executors,successors
THOMAS RATNER
THE CITY OF SOUTH MUM?Date;,Ar.tn *m _____^
MIAMI DAILY BUSINESS REVIEW
PublishedDaily except Saturday,Sunday and
Legal Holidays
Miami.Miami-Dade County,Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Sookie Williams,who on oath says that she is the Vice
President ofLegal Advertising of the MiamiDaily Business
Reviewf/k/aMiami Review,a daily (except Saturday,Sunday
andLegalHolidays)newspaper,published atMiamiinMiami-
Dade County,Florida;that the attached copy of advertise
ment,being aLegal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING-5/2/00
RESOLUTION RE:CLAIMS,
APPROVING A SETTLEMENT
AGREEMENT,ETC.
inthe ??????????Court,
was published in said newspaper in the issues of
Apr 21,2000
Affiant further says that the said Miami Daily Business
Review isa newspaper published at Miami in said Miami-
Dade County,Florida,and that the said newspaper has
heretofore been continuously published in said Miami-Dade
County,Florida,each day (except Saturday,Sunday and
Legal Holidays)and has been entered as second class mail
matter at the post office in Miami in said Miami-Dade
County,Florida,fora period of one year next preceding the
first publication of the attached copy of advertisement;and
affiant further says that she has neither paid nor promised
any person,firm or corporation any discount,rebate,com-
missionynrefund forthepurposeofsecuringthisadvertise
ment fo&publicatiojk in the said newspaper.
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICEISHEREBY giventhattheCity Commission oftheCityof
South Miami,Floridawill conduct Public Hearings duringits regular City
Commission meetingon Tuesday,May2,2000 beginning at7:30p.m.,in
theCityCommission Chambers,6130 Sunset Drive,toconsider:
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 HERNANDEZ V.CITY OF SOUTH MIAMI;AUTHOR
IZING THE CITY MANAGER TO EXECUTE THE AGREEMENT;
DIRECTING PERFORMANCE OF CERTAIN REQUIREMENTS
UNDER THE AGREEMENT;PROVIDING AN EFFECTIVE
DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION "/
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO A/
CLAIMS;APPROVING ASETTLEMENT AGREEMENT IN THE {
CASE OF RATNER V.CITY OF SOUTH MIAMI;AUTHORIZING I
THE CITY MANAGER TO EXECUTE THE AGREEMENT;DI
RECTING PERFORMANCE OF CERTAIN REQUIREMENTS /
UNDER THE AGREEMENT;PROVIDING AN EFFECTIVE
DATE.-•*
Inquiries concerning thisitem should be directed to the City Manager's
Office at:663-6338.
ALL interested parties are invitedto attend and will be heard.
Ronetta Taylor,CMC
City CJerk
Cityof South Miami
Pursuant toFlorida Statutes 286.0105,theCity hereby advises thepub
lic that ifa person decides to appeal any decision made bythisBoard,
Agency or Commission with respect toany matter considered atitsmeet
ingor hearing,heor she willneed a record of the proceedings,and thatfor
such purpose,affected person may need to ensure that a verbatim record
of the proceedings is made which record includes the testimony and evi
dence upon which the appeal isto be based.
4/21 00-3-81/45996M