Fernandez v. City of Miami
147 So. 3d 553
Fla. Dist. Ct. App.2014Background
- Jorge L. Fernandez, City Attorney for Miami, sought severance, vacation, and sick leave payments after termination following criminal conduct.
- Initial 2004 term sheet approved by City Commission set discretionary severance and limited expense reimbursement; no detailed contract terms.
- 2006 revisions removed discretion from severance, adopting a six-month severance provision; no independent legal review or disclosure of Fernandez’s self-authored changes.
- Fernandez submitted fraudulent expense reimbursements (2005-2006) and undertook numerous personal trips exceeding allowances.
- Fernandez pled nolo contendere in 2008 to two counts of false official statements; City terminated him for crime and breached public trust.
- Trial court found breach of fiduciary duty and fraud supporting City counterclaims; awarded fees and costs; Fernandez sued for severance and leave, which the City opposed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether severance/leave terms were unambiguous. | Fernandez argues terms were clear and enforceable. | City contends terms were ambiguous and drafted by Fernandez with conflicts. | Ambiguity rejected; terms enforceable as written. |
| Whether Fernandez breached fiduciary duty in negotiating terms. | Fernandez contends no fiduciary breach in salary negotiations. | City asserts Fernandez failed to advise independently and breached fiduciary duty. | Fiduciary breach established; supports denying severance. |
| Whether fraud/expense misrepresentations barred severance/leave. | Fernandez argues no fraud related to severance entitlement. | City shows fraudulent expense reimbursements and concealment of consequences. | Fraud/financial misconduct constituted material breach; severance/leave denied. |
| Whether trial court erred in alternative grounds (ambiguity, prior breach). | Fernandez asserts alternative grounds unsupported by record. | City relied on ambiguity and prior breach to deny benefits. | Trial court’s findings supported on record; affirmance affirmed. |
Key Cases Cited
- Barakat v. Broward County Housing Authority, 771 So.2d 1193 (Fla. 4th DCA 2000) (severance terms fixed by resolution must reflect clear intent; cannot rewrite contract)
- Sink v. Abitibi-Price Sales Corp., 602 So.2d 1313 (Fla. 4th DCA 1992) (novations/terminations affect severance where agreement silent on post-termination rights)
- Nabors v. Miami-Dade County, 796 So.2d 634 (Fla. 3d DCA 2001) (agency/municipal policies; retroactivity and leave rights considerations)
- Jenkins v. Eckerd Corp., 913 So.2d 43 (Fla. 1st DCA 2005) (plain language controls; avoidance of contract rewriting to favor one party)
- Hunt v. First National Bank of Tampa, 381 So.2d 1194 (Fla. 2d DCA) (remand for parol evidence where contract terms incomplete on contingencies)