Res. No. 137-97-10107RESOLUTION NO.122^Ll10107
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITYOFSOUTHMIAMI,FLORIDA,RELATINGSETTLEMENTOF
PENDINGLITIGATION;APPROVINGASETTLEMENTAGREEMENT
BETWEEN THE CITY OF SOUTH MIAMI AND LT.SHIRLEY
BRADSHAW,SGT.JOYCEGARNERANDSGT.NORMAWATERMAN;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS,Lt.ShirleyBradshawinitiatedacomplaint,styled Shirley Bradshaw v.
City ofSouth Miami,CaseNo.96-3355-CIV-MARCUS (S.D.Fla.1996),alleging,among
otherthings,genderdiscrimination,andSgt.Joyce Gamer andSgt.NormaWaterman
requested,andreceived"righttosue"lettersfromtheU.S.Department of Justicewhich
enables them to initiate similar complaints againstthecity;and,
WHEREAS,thepartiesabated litigation,ordidnotinitiatethreatenedlitigation,while
theynegotiatedasettlement of theirclaims;and,
WHEREAS,subjecttoapprovalbytheMayorandtheCityCommission,the
representatives of thecityandtheclaimantshavereacheda settlement of theclaims;and,
WHEREAS,thecityattorneyrecommendsapproval of thesettlementagreement;and,
WHEREAS,pursuant to§164.062,Fla.Stat.,thisactionistakenata properly noticed
public hearing;and,
WHEREAS,the Mayor and City Commission believe that itisinthe best interest of
thecityto approve the settlement agreement.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.The settlement agreement attached asApp.1is approved.
Section 2.This resolution shalltake effect immediately upon approval.
RESOLUTION NO.137-97-10107
PASSED AND ADOPTED this 22nd day of July,1997.
ATTEST:
&/tg2Z»3
CITY CLERK
READ AND APPROVED AS TO FORM:
^/C-<-</A
CITY ATTORNEY
'"'i
C:\MYFHJES\CSMVBRADSHAW.RES
COMMISSION VORE:5-0
Mayor:Anna Price Yea
Vice Mayor:Robaina Yea
Commissioner :01iveros Yea
Commissioner :P.Young Yea
Commissioner :D.Bethel Yea
PRIVILEGED AND CONFIDENTIAL
FOR SETTLEMENT PURPOSES ONLY
SETTLEMENT AGREEMENT BETWEEN
CITY OF SOUTH MIAMI AND
LT.SHIRLY BRADSHAW,SGT.JOYCE GARNER
AND SGT.NORMA WATERMAN
In consideration ofthe payment of $10.00 bytheCity of SouthMiamitoLt.Shirley
Bradshaw,Sgt.Joyce Garner and Sgt.Norma Waterman (collectively referred toas "Complainants"),
and other valuable consideration,the receipt and sufficiency of which is acknowledged by each of
them,andthemutualcovenants contained inthis agreement,theCity of South Miami andthe
Complainants agree:
1.Payment of settlement amount.Within15daysaftertheexecution of this
agreement by all the parties,theFloridaLeagueof Cities,onbehalf of the City,shall deliver acheck
in the amount of $35,000.00 tothe Fischer &Minski Trust Account.The payment is made in full
satisfaction of all claims and grievances that the Complainants have,or may have,against the City of
South Miami and its elected and appointed public officials,employees,agents and representatives
(collectively referredtoasthe "City").
2.Human diversity training.The City shall provide a program of human diversity
training to all certified police officers employed by the City.The program shall be created by the City
Manager and shall use one or more certified trainers who may be employed by the City or engaged
as independent contractors to the City.The program shall be designed to address the specific needs
ofthe City of South Miami Police Department and the community it serves.The City Manager may
engage a behavioral psychologist and trainers,and use such advisors,as necessary to design and
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PRIVILEGED AND CONFIDENTIAL
FOR SETTLEMENT PURPOSES ONLY
implement the program.The program shall be offered in connection with,andas partial satisfaction
of,the mandatory certification requirement of 16 hours of human diversity training during each 4-year
trainingcycle.
3.Psychologicalcounseling.TheCity shall provide upto $1,000.00 in funds foreach
complainant for employment-related psychological counseling and physiatric therapy during fiscal
year 1997-98.Itistheintent of the parties thatthe Complainants shall have exclusive controlover
the selection of psychologists or psychiatrists and the establishment ofa professional relationship
between the care-givers and the Complainants.The relationship between the Complainants and any
psychologist or psychiatrist that is created under this paragraph shall be private and confidential.The
only obligation ofthe City in this regard is to pay such invoices that are submitted to it during fiscal
year 1997-98 by a psychologist or psychiatrist,or by Complainants as reimbursement,for services
rendered to the Complainants.It is further the intent ofthe parties that only the invoices and payment
records created under the provisions of this paragraph shall constitute public records and the medical
records created by the psychologist or psychiatrist under the provisions of this paragraph shall be
private records.This paragraph does not in any way limit the power of the City to require
psychological evaluation of any Complainant and the provisions of this paragraph expressly do not
apply to any evaluation required bythe City.
4 Records review.The City Manager has created a committee to review disciplinary
action reports and memoranda having adverse comment in the personnel records of all police officers
who are currently employed by the City.The City Manager and the committee will continue their
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PRIVILEGED AND CONFIDENTIAL
FOR SETTLEMENT PURPOSES ONLY
review of thepersonnelrecords.Thereviewwill specifically includealladversecommentinany
recordinthepersonnelfiles ofthe Complainants.Theyshallbegivenan opportunity tocommenton
anyadversecommentwhetherornotitsiscommentedonbythereviewcommittee.Comment by
the City Manager,the review committee and Complainants shall bepart of the permanent personnel
file of the Complainants.
5.Restoration of sickleave.TheCity shall restoresickleavetothe Complainants as
follows:Lt.Shirley Bradshaw-72 hours;Sgt.Joyce Garner-80 hours;and,Sgt.Norma Waterman-40
hours.Section 8ofthe Personnel Rules and Regulations ofthe City of South Miami shall apply to
therestoredsick leave,unless thereisadirect conflict betweenanyprovisionsofthe collective
bargaining agreement relating to accrual of sick leave,or conversion of sick leave to annual leave,
in which case the provision ofthe collective bargaining agreement shall apply.
6.Complete waiver of claims.Complainants,for themselves,and their heirs,personal
representatives,successors and assigns,irrevocably and unconditionally waive,release and discharge
the City from all charges,claims,complaints,grievances,obligations,causes of action,promises,
agreements,controversies,damages,suits,demands and liabilities,including attorney's fees and costs,
of any kind whatsoever,arising out of,connected with,or occurring during Complainants'
employment with the City which are known to them or reasonably could have been discovered by
them.This waiver,release and discharge includes,but is not limited to,any (a)alleged violation of
the Civil Rights Acts of 1866,1870,1871,1964 and 1991,the Americans with Disabilities Act,the
Age Discrimination in Employment Act,the Florida Civil Rights Actof 1992,the Florida Police
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PRIVILEGED AND CONFIDENTIAL
FOR SETTLEMENT PURPOSES ONLY
OflScers'Bill of Rights,theFlorida Workers'CompensationAct,theFair Labor Standards Act;(b)
anyclaim arising underanyother federal orstate constitution,orfederal,state,county orcitystatute,
regulation,charter,ordinance or resolution or contract;(c)common law cause of action for breach
of contract,wrongful or constructive discharge,orfor bodily orpersonal injury;or,(d)attorney's
fees or costs.
7.Covenant not tosueand indemnification.EachComplainantcovenantsthatneither
she,nor anyone by,through,oronher behalf,nor anyone related toherby marriage,if applicable,
shall bring any claim,complaint,demand oraction against theCityinany forum,whetherstateor
federal,judicial,administrative,or quasi-judicial,on any matter which Complainant has waived,
released,or discharged under this Settlement Agreement.Complainant shall indemnify,hold harmless
and defend the City against any matter which has been waived,released,or discharged under this
agreement.
8.Dismissal ofpendingclaimsandactions.Within 15 daysafterthe execution of
this agreement by all the parties,Lt.Bradshaw shall file a notice of dismissal (or stipulation of
dismissal)of Shirley Bradshaw v.City of South Miami,Caseno.96-3355-CIV-MARCUS.
Complainants warrant that no other judicial or administrative claims and complaints by them are
pendingagainsttheCity.
9.Knowingandvoluntary waiver.Complainants acknowledge that they have read
all partsofthe entire Settlement Agreement,understand the content and significance of each and
every paragraph in this agreement,consulted with their attorney,Ms.Rebecca H.Fischer,regarding
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PRIVILEGED AND CONFIDENTIAL
FOR SETTLEMENT PURPOSES ONLY
their claims andthe reasonableness of this settlement,andfreely acknowledge that this waiver of
rightsandrelease of claimsisknowinglyandprudentlygivenbythem,andthatthisprovisionbars
alllawsuitsandclaimsagainsttheCity,exceptingonlysuchclaimsasmayarisetoenforcethis
agreement.Each party shall bear theirown attorney's feesand costs incurred in connection with
entering intothis agreement.
10.Voluntary agreement.This agreement is voluntarily enteredintobetweentheCity
and the Complainants.Specifically,Complainants warrant thatdonotenterintothis agreement under
any threatof transfer,dismissal,or disciplinary action;loss of payor benefits;or,promiseor reward,
other than what theCity shall provide under this agreement.They further warrant thattheyarenot
underanyduressorconstraintinexecutingthisagreement.
11.No admissions.Neither the City orthe Complainants admit any wrongdoings.The
City denies the allegations ofthe judicial and EEOC administrative complaints against it.
12.Enforcement.Thisagreementshallbeenforcedbyanactionfiledinstatecourtin
Dade County,Florida.The parties waive the right toajurytrialandelecttoproceed with a bench
trial.
13.Entire agreement.This agreement setsforththeentireagreementbetweenthe
parties and shall supersede all prior agreements and understandings.The Complainants warrant that
they have not relied on any other representations,promises,or agreements by any representative to
theCity,exceptassetforthinthisagreement.
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PRIVILEGED AND CONFIDENTIAL
FOR SETTLEMENT PURPOSES ONLY
14.Effective date.This agreement shallbeeffectiveandbindingafterexecutionbythe
City Manager,by each Complainant,and approval bytheCity Commission.
L.DENNIS WHITT,CITY MANAGER
1
EY B&ADSHAW
)mUR uJlallnuax)
NORMA WATERMAN
JUCJ^OGoq/vjla
JOYCE GARNER
J
STATE OF FLORIDA )
)
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this A_2_day of Jui«1997,by
L.DennisWhittasCityManagerfortheCity of SouthMiami,Florida.
j£.«?&.RONETTA TAYLOR
...m fl\MY COMMISSION ICC 816353
""ysrl EXPIRES:May 18,2001
ihft-'BondrtTTmiNolayPubUc Underwriters
gBJSS^g)»i a^.JL-H^S-RBT^F!
flUuutZdb
Signature of Njjtary Pubfte,State of Florida
Print Name:ffOne-tfat-"77ty"/o/2__
y/
Personally Known or Produced Identification.
Type of Identification Produced
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PRIVILEGED AND CONFIDENTIAL
FOR SETTLEMENT PURPOSES ONLY
STATE OF FLORIDA)
)
COUNTYOF 3rtou*0
The foregoing instrument was acknowledged before me this //day of June,1997,by
Shirley Bradshaw.
M."j&:,,REBECCA H.FISCHER
**A %MY COMMISSION #CC 347665
%g|v3?EXPIRES:Fsbmaiy 12.1998
''%%.R$f Bonded ThmNotayPubHeUndHvnttm
»•Tf~t.,>"«.-
Signature of Notary Public,State of Florida
Print Name:
Personally Known l/or Produced Identification
Type of Identification Produced
STATEOF FLORIDA )
)
COUNTY OF)
The foregoing instrument was acknowledged before me this //day of June,1997,by
Joyce Garner.
._.,.W3/Mfln ^l.^drJia.
#£%,^BewiAHrBHBR"11'1"!!Signature ofNotary Public,State ofFlorida
%0#.BOWES:Febmaiy 12,1998
PersonallyKnown __u^_or Produced Identification.
Type of Identification Produced
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PRIVILEGED AND CONFIDENTIAL
FOR SETTLEMENT PURPOSES ONLY
STATE OF FLORIDA)
)
COUNTY OF)
The foregoing instrument was acknowledged before me this /I day of June,1997,by
Norma Waterman.
REBECCAH.FISCHER
MY COMMISSION ICC347665
3CPIRES:February 12,1998
;,a;;/?wa&st Thru Notary Pubic Underwriters
Signature of Notary Public,State of Florida
Print Name:
PersonallyKnown ^orProducedIdentification
Type of Identification Produced
csm/bradsett.agt
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