Loading...
HomeMy WebLinkAboutResolution No. 5413 RESOLUTION NO. 5 413 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE RETIREMENT PROGRAM FOR THE PUBLIC WORKS DIRECTOR WHEREAS, the Public Works Director has requested to retire on July 1, 1991, and; WHEREAS, the City will save considerable funds with an earlier than expected retirement date, and; WHEREAS, the City also will save considerable funds by creating a vacancy in the Engineering Division; THEREFORE, BE IT RESOLVED, that the Downey City Council approves the attached Employment Separation Agreement and Release, which modifies the Compensation Program for the Public Works Director for the time period of March 1, 1991 to July 1, 1991 and processes the Public Works Director retirement from the City. APPROVED AND ADOPTED by the City Council of the City of Downey at a regular meeting held on the 12th of March , 1991. V f1` ( a-C? Mayo , ?may L. Paul ATTEST: C y Clerk I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of Downey at a regular meeting hereof held on the 12th day of March , 1991, by the following vote, to wit: AYES: 5 COUNCIL MEMBERS: Boggs, Hayden, Brazelton, Cormack, Paul NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ` F ABSTAINED: 0 COUNCIL MEMBERS: None + ,e 2 ' Ity Clerk 1' bl Att. C:retire -res EMPLOYMENT SEPARATION AGREEMENT AND RELEASE This Separation Agreement and Release ( "Agreement ") is made and entered into by and between the City of Downey, a charter city (hereafter "City "), and William Ralph (hereafter "Employee ") and shall be dated and effective as of March 12, 1991. In consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: 1. Recitals. This Agreement is made and entered into with respect to the following facts, which the parties hereto agree are true and correct: A. Employee presently serves as the Director of Public Works of the City and has served as a City employee since August 1, 1958; ••••► B. City desires to reorganize the Public Works Department so as to increase efficiency and reduce operating costs and can effectuate such reorganization by Employee's resignation pursuant to this Agreement. C. Employee desires to resign from City employment in order to accommodate this reorganization and in return for the benefits to Employee set forth in this Agreement. D. The parties also desire by this Agreement to settle as between them any and all claims which could arise out of Employee's employment with the City and to effectuate the termination of such employment in return for the benefits to Employee set forth in this Agreement; E. The parties hereto desire, by means of this Agreement, to settle as between them all outstanding issues involving claims against one another to the extent that they can legally do so; F. The City Council of the City has determined that the public interest, convenience and necessity require the execution of this Agreement. 2. Resignation -- Service Retirement. Employee hereby voluntarily and irrevocably resigns from employment with City, effective July 1, 1991, at 12:01 a.m. and elects service retirement under the Public Employees' Retirement System (PERS) . 3. Payment of Compensation. During the period of March 1, 1991 through June 30, 1991, Employee's compensation shall be: A. Employee's salary shall be Seventeen Thousand Eight Hundred and One Dollars ($17,801.00) per month; B. Employee's automobile allowance is eliminated; -2- pmt /AGR847110 C. If Employee uses vacation time during this period, then an equivalent dollar amount based on the Employee's pay rate as of February 1, 1991 will be deducted from the Employee's pay check and serve as the Employee's contribution to PERS; D. Except as specifically provided herein, all other benefits of Employee shall remain the same as set forth in the Executive Management Compensation Resolution (Resolution No. 5145). 4. Releases. Employee and any person acting by, through, or under him releases City, its elected and appointed officials, and agents and employees (collectively "City "), and each of them, from any and all claims Employee has or may have against City, or any of them, and any liability resulting therefrom, arising out of or occurring during his employment with City or termination of that employment whether known or unknown, suspected or unsuspected. Except as provided below Employee is aware of the provisions of Section 1542 of the California Civil Code which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." -3- pmt/AGR847110 Employee, understanding and acknowledging the significance and consequence of Section 1542, hereby expressly waives and relinquishes all rights and benefits he may have under that statute as well as under any other statutes or common law principles of similar effect. This release shall not apply to workers' compensation claims of Employee for on- the -job injuries occurring during the remainder of his employment with the City following the effective date of this Agreement. 5. Judicial Actions Prohibited. Employee and any person acting by, through or under him shall not institute any claim, in any state or federal court, or with any state, federal or local government administrative agency, arising out of or occurring during his employment with City or termination of that employment. 6. Acceptance of Resignation. f ignation. City shall be deemed, for all purposes, to have accepted Employee's resignation as of July 1, 1991 and election of service retirement by execution of this Agreement. 7. Service Retirement. Employee elects to submit application for service retirement under PERS in accordance with Government Code Section 20950. 8. Employee to Cooperate with City. Employee will cooperate with City in the preparation or defense of -4- pmt /AGR847110 pending or actual litigation involving his knowledge of City actions to the extent reasonably possible. 9. Prior Agreements. This Agreement supersedes any prior agreement or understanding between the parties, written or oral, and constitutes a complete resolution of Employee's employment relationship with the City and all claims Employee has or may have against City. 10. Modification of Agreement. There can be no modification of this Agreement except in a writing duly approved executed by the parties hereto. 11. Interpretation of Agreement. This Agreement and the rights and obligations hereunder shall be governed by, and construed and interpreted, in all respects, in accordance with the laws of the State of California. 12. Effect of Agreement. Employee agrees and understands that the execution of this Agreement g ment sha 1 l not constitute or be construed as an admission of liability by City for any claim whatsoever by Employee; and City specifi- cally disclaims any liability to, and the validity of any claim Employee has or may have against City. Employee further agrees that the terms of this Agreement are contractual and not mere recitals. 13. Employee Representations. In executing this Agreement, Employee understands and represents that reliance is placed wholly upon his judgment, belief and knowledge as -5- pmt /AGR847110 to the nature, extent and duration of his claims and any potential claims against the City and the financial effect of this Agreement and that no statement with regard thereto made by or on behalf of any of the Releasees has in any way influenced Employee in making this settlement. Employee represents that he sought and received legal and financial advice regarding the effect of this Agreement prior to signing it. Employee further acknowledges that he has been given a reasonable period of time to study this Agreement before signing it. Employee also acknowledges that he is executing this Agreement freely, knowingly and voluntarily and is fully aware of the contents and effects thereof, and that his execution of this Agreement is not the result of any fraud, duress, mistake or undue influence whatsoever. Employee further acknowledges that he has voluntarily executed this good Agreement in faith and considers it to be g a fair and equitable resolution of the issues between City and Employee. Other than the terms and conditions specifically set forth in this Agreement, Employee does not rely on any inducements, promises or representations by City or any person in executing p g his Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. WILLIAM A. RALPH -6- pmt/AGR847110 CITY OF DOWNEY ROY L. PAUL, MAYOR ATTEST: JUDITH E. McDONNELL CITY CLERK APPROVED AS TO FORM: PETER M. THORSON CITY ATTORNEY -7- pmt/AGR847110