City of Hallandale Beach City Commission Agenda Cover Memo

 

Meeting Date:

 

 October 1, 2014

Item Type: 

 

 (Enter X in box)

Resolution

Ordinance

Other

X

 

 

Fiscal Impact:

(Enter X in box)

 

Yes

 

No

Ordinance Reading:

(Enter X in box)

1st Reading

2nd Reading

 

 

X

 

 

Public Hearing:

(Enter X in box)

Yes

No

Yes

No

 

 

       X

Funding Source:

 

Acct# 570-239013

Advertising Requirement:

(Enter X in box)

Yes

No

X

Account Balance:

$544,054.00

Quasi Judicial:

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Yes

No

X

Project Number :

 

N/A

RFP/RFQ/Bid Number:

 

N/A

Contract/P.O. Required:

(Enter X in box)

Yes

No

Strategic Plan Priority Area: (Enter X in box)

 

Cohesive Visual Appeal                              

Civil & Respectful Government               

Create Local Jobs                                            

Economic Development                             

Improve City Infrastructures                   

Improve Safety, Security &

Comfort of Residents                                   

Operational Excellence                               

Quality of Life                                                 

Vibrant Destination                                        

 

 

 

X

Sponsor Name:

City Attorney

V. Lynn Whitfield, City Attorney

Department:

 Office of City Attorney

V. Lynn Whitfield, City Attorney

 

Short Title:

 

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SETTLE THE FEDERAL CIVIL RIGHTS LITIGATION CASE BETWEEN, THE ESTATE OF GREGORY EHLERS, JR., DECEASED AND THE CITY OF HALLANDALE BEACH RESOLVING ALL ISSUES PRESENT IN THE FEDERAL LITIGATION STYLED GREGORY EHLERS, SR., AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GREGORY EHLERS, JR., DECEASED V. EDWARD MCGOVERN AND THE CITY OF HALLANDALE BEACH, CASE NO.: 13-62461-CV-SCOLA, IN EXCHANGE FOR THE EXECUTION OF THE APPROPRIATE  GENERAL RELEASE; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS OF THE SETTLEMENT.

 

Staff Summary:

 

BACKGROUND:

 

On November 14, 2013, Officer Edward McGovern individually and in his capacity as a Police Officer, and Dwayne Flournoy in his official capacity as Chief of Police of the Hallandale Beach Police Department were served with Plaintiffs’ complaint alleging a civil right claims violation under 42 U.S.C. § 1983 – wrongful death, vicarious liability. Chief Flournoy and Officer Edward McGovern filed a Motion to Dismiss the Complaint. Chief Flournoy was dismissed from the complaint, and Plaintiff filed an amended completed, adding the City of Hallandale Beach as a defendant.

On September 22, 2014, during an executive session, the City Manager and City Attorney recommended that this matter be resolved for a total sum of one hundred fifty thousand ($150,000.00) dollars, in lieu of trial, and authorize the City Manager to execute the general release and any necessary documents to implement the terms of the settlement.

 

 

WHY ACTION IS NECESSARY:

 

Pursuant to Section 24-3, of the City of Hallandale Beach, Code of Ordinances, the City Manager and City Attorney may compromise, settle and pay or collect all claims which may be discarded by payment of an amount not to exceed $20,000.00.  This settlement exceeds the authority amount given to the City Manager, and City Attorney to settle claims, which require City Commission for approval.

 

FISCAL IMPACT:

 

 An amount not to exceed $150,000.00.

 

Proposed Action:

 

Motion To Consider and Approve: A Resolution of the Mayor and City Commission of the City of Hallandale Beach, Florida, Authorizing the City Manager to Settle the Federal Civil Rights Litigation Case between, The Estate of Gregory Ehlers, Jr., deceased and Edward McGovern and the City of Hallandale Beach, Resolving All Issues Present in the Federal Litigation Styled Gregory Ehlers, Sr., as Personal Personal Representative of the Estate of Gregory Ehlers, Jr.,Deceased v. Edward McGovern and the City of Hallandale Beach, Case No.: 13-62461-CV-SCOLA, in Exchange for the Execution of the Appropriate General Release; Authorizing the City Manager to Execute any Documents Necessary to Implement the Terms of the Settlement.

 

Attachment(s):

 

Exhibit 1 – Resolution

Exhibit 2 – General Release