RE.3 - A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRUSTEE OF THE ELECTED OFFICERS’ RETIREMENT TRUST (“EORT”) AND/OR THE CITY’S EXCESS BENEFITS PLAN (“EBP”), TO PAY JOSEPH X. CAROLLO, UPON THIRTY (30) DAYS FROM THE DATE ON WHICH THE MIAMI CITY COMMISSION APPROVES THE SETTLEMENT AGREEMENT, SEVEN-HUNDRED-SEVENTY-THOUSAND-DOLLARS ($770,000.00), INCLUSIVE OF ALL FEES AND COSTS, WITH CAROLLO RETAINING THE RIGHT TO DEFEND AGAINST ANY ACTION BY THE CITY TO RECOVER FEES OR COSTS PURSUANT TO FLA. STAT. §111.07, NOT TO SEEK DAMAGES BUT TO DEFEND THE ACTION SO AS NOT TO BE DEEMED RELEASED, IN EXCHANGE FOR CAROLLO ENTERING INTO A SETTLEMENT AGREEMENT, WHICH CONTAINS A FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS BY HIM, INCLUDING ALL CLAIMS FOR ATTORNEYS’ FEES, AGAINST THE CITY OF MIAMI, AND ANY OF ITS DEPARTMENTS, ELECTED OFFICIALS, AGENTS, OFFICERS, OR EMPLOYEES, AND DISMISSAL WITH PREJUDICE OF THE CASE OF JOE CAROLLO VS. CITY OF MIAMI, CASE NO. 06-014464-CA-01, PENDING...

WHEREAS, Joseph X. Carollo and the City of Miami (“City”) are engaged in litigation in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Case No. 2006-014464-CA-01; and WHEREAS, The Florida Bar rules governing attorney conflict prohibited the Office of the City Attorney’s from handling this matter, resulting in the City retaining outside counsel; and WHEREAS, claims were investigated by outside counsel, who recommends that the claims of Joseph X. Carollo in the Pension Litigation be settled for the lump sum of Seven Hundred Seventy Thousand and 00/100 Dollars ($770,000.00), including all claims for attorneys’ fees and costs, and the nonmonetary condition of Joseph X. Carollo retaining the right to defend against any action by the City of Miami to recover fees or costs pursuant to Fla. Stat. §111.07, not to seek damages, but to defend the action so as not to be deemed released; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1.  The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2.  The Trustee of the Elected Officers’ Retirement Trust and/or the City’s Excess Benefits Plan are authorized to pay Joseph X. Carollo, without admission of liability, Seven Hundred Seventy Thousand and 00/100 Dollars ($770,000.00) in full and complete settlement of any and all claims and demands, including all claims for attorneys’ fees, in exchange for dismissal of all claims against the City, and any of its departments, elected officials, agents, officers, or employees, and dismissal with prejudice of the case of Joe Carollo vs. City of Miami, Case 06-014464-CA-01, pending in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. Section 3.  Funds are to be allocated from the EORT and/or EBP and/or other legally available funds. Section 4.  This Resolution shall become effective immediately upon its adoption.