M E M O R A N D U M
To: Honorable Mayor and Town Council
From: Chad Friedman, Esq., Assistant Town Attorney
Date: April 16, 2014
Re: Approving Settlement Agreement with Citizens Awareness Foundation, Inc.
REQUESTtitle
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A SETTLEMENT AGREEMENT WITH CITIZENS AWARENESS FOUNDATION INC.; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.
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BACKGROUND AND ANALYSIS
On February 13, 2014, the Town was served with a lawsuit filed by Citizens Awareness Foundation Inc. (the “CAFI”) alleging that the Town violated Chapter 119, Florida Statutes relating to a request for public records. Although the Town denies any wrongdoing or liability relating to the allegations made in the lawsuit, the Town Council directed the Town Attorney to settle the matter in order to avoid the expense and uncertainty of litigation. We have negotiated the settlement agreement with CAFI, which is attached to the Resolution as Exhibit “A.” We believe this agreement is consistent with the direction provided by the Town Council.
RECOMMENDATION
Based upon the direction of the Town Council, it is recommended that the Town Council adopt the resolution and enter into the settlement agreement with CAFI which is attached to the Resolution as Exhibit “A”.