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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