HomeMy WebLinkAboutCity of Tamarac Resolution R-98-0011
Temp. Reso. # 8071
January 7, 1998
CITY OF TAMARAC, FLORIDA
RESOLUTION no. R-98 .- /
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
SETTLEMENT OF THE CELIA HOGAN LIABILITY CLAIM
IN THE AMOUNT OF $50,000 OF WHICH THE CITY'S
PORTION IS $25,000 WITH THE BALANCE PAID BY THE
CITY'S INSURANCE COMPANY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 29, 1996 Ms. Celia Hogan filed an employment
discrimination case against the City of Tamarac pursuant to Age Discrimination in
Employment Act, Title VII of the Civil Rights Act of 1964, as amended, the Florida Civil
Act, and 42 U.S.C. 33. 1983 & 1988; and
WHEREAS, the law firm of Johnson, Anselmo, et al was obtained to represent
the City of Tamarac against this lawsuit; and
WHEREAS, depositions were taken, motions were filed and after numerous
proceedings respective legal counsel for the City and Ms. Hogan were subsequently
able to amicably arrive at a fair and reasonable settlement; and
WHEREAS, should this case proceed to trial, Ms. Hogan could be awarded
substantially more by a jury; and
WHEREAS, Michael T. Burke, the City's defense counsel recommends the
settlement of this claim for $50,000; and
WHEREAS, the Risk Manager, the City Attorney and the City Manager
recommend the settlement of the Celia Hogan claim for $50,000; and
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Temp. Reso. # 8071
January 7, 1998
WHEREAS, Coregis, the City's Public Officials Liability Carrier has agreed to pay
the sum of $25,000 toward the overall settlement of the Celia Hogan claim; and
WHEREAS, this settlement will resolve all outstanding claims, including attorney's fees;
and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interests of the citizens and residents of the City to settle this claim in the amount
of $50,000 of which the City's portion is $25,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA;
Section 1: The
foregoing "WHEREAS" clauses are
hereby
ratified
and
confirmed as being true
and correct and are hereby made a
specific
part of
this
Resolution.
Section 2: The City Commission of the City of Tamarac approves a $50,000
settlement with Celia Hogan, of which the City's portion is $25,000 with the balance paid
by the City's insurance company, for all claims against the City in return for a full
release.
Section 3: A stipulation for Dismissal with the Court for entry of the Final Order
of Dismissal will be filed.
Section 4: That all resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Section 5: If any clause, sections, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
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Temp. Reso. # 8071
January 7, 1998
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Section 6: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this Day of , 1998.
ATTEST:
PATRICIA MARCURIO, CMC
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have
Approved this RESOLUTION as
to form.
MITCHELL S. KRAFT
CITY ATTORNEY
(reso8071.sms)
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- Al �. �.:�....:00 ,
RECORD OF COMMISSIO
MAYOR VOTE
S..� HREIBER
DIST 1: COMM. McKAYE
DIST 2: V� / MISHKIN
DIST 3: COMM. SULTANOF
DIST 4: _.,.COMM. ROBERTS