Menendez v. City of Hialeah, Florida

Richard L. Menendez (Menendez), Plaintiff below, appeals from an order granting final summary judgment in favor of the City of Hialeah, Florida (the City) for lack of subject matter jurisdiction based on Menendez’s failure to exhaust administrative remedies. We affirm.

I. The City of Hialeah’s Retirement System

The City has, by ordinance, created a Retirement System. Hialeah, Fla., Code of ORDINANCES ch. 70 (2002) (Hialeah’s Code). To administer its Retirement System, section 70-131 establishes an independent board of trustees (Retirement Board of Trustees or Retirement Board or the Board) “in…