HomeMy WebLinkAbout2019-218-3347 Settlement Wanda Gilbert and Herman Gilbert vs CMG RESOLUTION NO. 2019-218-3347
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS AUTHORIZING A SETTLEMENT OF THAT
CERTAIN LITIGATION STYLED WANDA GILBERT AND HERMAN
GILBERT VS CITY OF MIAMI GARDENS, CASE NO. 11-17908-
CA-15-1
1-17908-
CA-15; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 2011, Wanda Gilbert initiated a lawsuit against the City of Miami
Gardens ("City') alleging violations of the Florida Whistle-blower's Act, gender and racial
discrimination and retaliation in the form of termination after she reported questionable
arrests by the City's Police Department, and
WHEREAS, on October 29, 2018 through November 6, 2018, the case was tried
in the 11th Judicial Circuit Court before Judge Rodriguez and a Miami-Dade County jury,
and
WHEREAS, the jury returned a verdict in favor of Wanda Gilbert on all counts
and a total damages award of Nine Hundred and Sixteen Thousand and Four Hundred
and Twenty-Three Dollars ($916,423.00), and
WHEREAS, additional awards including front pay and attorneys' fees and costs
have resulted in a total award of One Million Five Hundred and Seventy-Four Thousand
Four Hundred and Eighty-Nine Dollars and One Cent ($1,574,489.01), and
WHEREAS, in exchange for an immediate resolution of this case resulting from
the City's abandonment of its appeals filed in the Third District Court of Appeal, Wanda
Gilbert will accept a reduced award of One Million Two Hundred Thousand Dollars
($1,200,000.00), and
WHEREAS, One Million Dollars ($1,000,000.00) has been included in the current
fiscal year budget for this purpose and the Florida League of Cities will make an
extracontractual payment in the amount of Two Hundred Thousand Dollars
($200,000.00) precluding any unanticipated fiscal impact,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1 : ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby authorizes a settlement of that certain litigation styled Wanda Gilbert and
Herman Gilbert vs City of Miami Gardens, Case No. 11-17908-CA-15.
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON OCTOBER 9, 2019.
l- L
OLIVER GILBERT, III, MAYO
ATTEST:
MARIO BATAILLE, CITY 6LERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON D. BENSON, City Manager and
SONJA K. DICKENS, City Attorney
2
Resolution No. 2019-218-3347
Moved by: Councilman Williams
Seconded by: Councilman Leon
VOTE: 6-0
Mayor Oliver Gilbert, III (Yes) (No) (absent)
Vice Mayor Rodney Harris X (Yes) (No)
Councilwoman Katrina Wilson X (Yes) (No)
Councilman Erhabor Ighodaro, Ph.D. X (Yes) (No)
Councilwoman Lillie Q. Odom X (Yes) (No)
Councilman Reggie Leon X (Yes) (No)
Councilman David Williams, Jr. X (Yes) (No)
3
Resolution No. 2019-218-3347