_add-on b)Add-on b)
Sponsored by City Attorney
1/4/18 City Commission meeting
Page 1 of 2
RESOLUTION NO. _________________ 1
2
A Resolution authorizing and instructing the City Attorney to settle the case 3
of Orlando Martinez de Castro versus the City of South Miami, Case Number 4
13-9342 CA 15 and Appellate Case Number 3D16-2421 and instructing the 5
City Manager to take the necessary steps to comply with the settlement terms 6
and to pay the settlement amount. 7
8
9
WHEREAS, the City Manager offered to pay out the remainder of Mr. Martinez de 10
Castro’s employment agreement and allow him to retire honorably and without the spector of being 11
terminated; and 12
13
WHEREAS, Mr. Martinez de Castro declined the City Manager’s offer, refused to settle 14
his employment disagreement, sued the City and was later terminated by act of the majority of the 15
City Commission, and 16
17
WHEREAS, a final judgment was rendered wherein the Court determined: (1) The City 18
did in fact have the right to terminate Mr. Martinez de Castro, but (2) that Mr. Martinez de Castro 19
was entitled to the remainder of the compensation and benefits under his previous employment 20
agreement; and 21
22
WHEREAS, the final judgment was affirmed by the Third District Court of Appeals 23
without opinion: and 24
25
WHEREAS, the City has filed a motion for rehearing before the Third District Court of 26
Appeals which is currently pending; and 27
28
WHEREAS, the only remaining issue, other than the motion for rehearing, is whether the 29
trial court erred in finding that Mr. Martinez de Castro was entitled to attorney fees at the trial 30
court and appellate court level and, if so, the amount of those fees; and 31
32
WHEREAS, a settlement was negotiated by the City in order to limit the financial impact 33
to the City’s budget, by limiting further court proceedings and attorney expenses, and the terms of 34
the settlement include releasing claims and any supporting evidence that Mr. Martinez de Castro 35
committed numerous unethical acts while employed by the City, 36
37
WHEREAS, the Mayor and City Commission desires to settle the entire case including 38
trial and appellate attorney fees and costs. 39
40
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 41
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: 42
43
Section 1. The City Attorney is hereby authorized and instructed to settle the case for 44
$1,025,000.00, in exchange for a Joint General Release, releasing all of Mr. Martinez de Castro’s 45
Add-on b)
Sponsored by City Attorney
1/4/18 City Commission meeting
Page 2 of 2
claims (other than for his other currently filed cases), including but not limited to the amount of 1
his judgment, all pre- and post-judgment interest and all trial and appellate fees and costs. 2
3
Section 2. The City Manager is instructed to sign a Joint General Release of all claims 4
related to Mr. Martinez de Castro's employment with the City of South Miami, including the City’s 5
claims that Mr. Martinez de Castro committed numerous unethical acts while employed by the 6
City, and to take all appropriate steps to be able to pay and to pay the settlement amount within 30 7
days. 8
9
Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for 10
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 11
not affect the validity of the remaining portions of this resolution. 12
13
Section 4. Effective Date. This resolution shall become effective immediately upon 14
adoption. 15
16
PASSED AND ADOPTED this ____ day of _____________, 2018. 17
18
ATTEST: APPROVED: 19
20
_____________________ ______________________ 21
CITY CLERK MAYOR 22
23
READ AND APPROVED AS TO FORM, COMMISSION VOTE: 24
LANGUAGE, LEGALITY AND Mayor Stoddard: 25
EXECUTION THEREOF Vice Mayor Welsh: 26
Commissioner Harris: 27
_____________________________ Commissioner Edmond: 28
CITY ATTORNEY Commissioner Liebman: 29
30