HomeMy WebLinkAboutGILBERT J. COERPER - 1979-11-26SETTLEMENT AGREEMENT
THIS AGREEMENT is made on November.,?6, 1979 by
and between GILBERT J. COERPER, herein called "LMPLOYEE",
and the CITY OF HUNTINGTON BEACH, a Municipal Corporation
of the State of California, herein called the "CITY".
The parties desire to resolve all personnel matters now
pending between them by amicable and voluntary settlement.`
I, THIS AGREEMENT is made with reference to he
following facts:
a. The Personnel Commission has made a decision
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that the EMPLOYEE be reinstated to the position of Police
Officer, as of August 21, 1970, and that he be charged
with a suspension of Six (6) months from August 22, 1970;
b. The EMPLOYEE has been reinstated to the
position of Police Officer, efective June 18, 1979;
C. The parties nowdesireto settle all
remaining claims arising out of the EMPLOYEE'S discharge
on or about August 21, 1970
d. A mandate action is now pending in the
Orange County Superior Court, Case Number 25-08-00, which
shall be dismissed with prejudice,
NOW, THEREFORE, the parties agree as follows:
(1) The CITY will pay its share of
contributions to the Public Employees Retirement SIstem
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(PERS) during the back pay period, commencing February 23,
1971, and until the employee resumed membership in the PERS
system when he began working for the California State Uni-
versity at Long Beach on May 1.2, 1975.
(2) CITY shall. pay to the .Public Employees
Retirement System a sum not to exceed Four Thousand Eight
Hundred Seventy -Seven Dollars and 48/100 ($4,877.48) repre-
senting a portion of the EMPLOYEE'S share of PERS contribu-
tions during the back pay period. EMPLOYEE'is responsible
for the balance of contributions, if any, that should have
been made as his share during the back pay period.
(3) CITY shall pay and EMPLOYEE shall accept
the sum of Twenty Thousand Dollars ($20,000) as set-lement
and compromise of back pay from on or about February 23, 2,971,
until June 18, 1979.
(4) All litigation filed by EMPLOYEE related
to said discharge is now moot and shall be and hereby is dis-
missed with prejudice against all parties, including Orange
County Superior Court Case No 25 08 00.
(5) EMPLOYEE waives and releases any and all
other claims against CITY, its officers and employees, in-
cluding but not limited to interest, costs, attorneys fees,
back pay, and benefits arising prior to the date of this AGREE
ment.
(6) EMPLOYEE'S personnel file shall be purged
of any reference to the prior termination.
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(PERS) during the back pay period, commencing Febr/nary 23,
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1971, and until the employee resumed membership in the PERS
system when he began working for the California/'State Uni-
versity at Long Beach on May 12, 1975.
(2) CITY shall pay to the Public Employees
r« -t System thesumof Four Thousand: Eight Hundred
`,,Seventy -Seven Dollars and 48/100 ($4,877.48) representing a
por lion of the EMPLOYEE'S share of PERS contributions during
the back pay period. EMPLOYEE is responsible for the balance
of contributions that should have been made as his share
during the'back pay period. '
(3) CITY shall/pay and EMPLOYEE'shall accept
the sum of Twerit�y Thousand Dollars ($20,000) as settlement
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and compromise of\back pay,'from on or about February 23, 1971,
until June 18, 1979.`,.. r'
(4) All/,litigation filed by EMPLOYEE related
to said discharge is"now mupt and shall be and hereby is dis-
missed -with prejudice against\ 11 parties, including Orange
County Superior court Case No.08 00.
`(5) EMPLOYEE waives and releases any and all
other claims against CITY, its officer and empioyeea,- to
cluding but,'not limited to interest, cos', attorneys fees,
back pay, knd benefits arising prior to thek"date of this Agree-
ment. '
(6) EMPLOYEE'S personnel file shall be purged
of a, /yreference to the prior termination.
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(7) The parties each hereby fully release
and discharge the other from any and alp claims, rights,
and actions which either has or may have hereafter after
the signing of this AGREEMENT, arising out of any personnel
matters or disputes between them occurring prior to the
date of this AGREEMENT, except as otherwise expressly
provided herein.
(8) Federal and state income tax withholding
� shall be deducted from the said TWENTY THOUSAND DOLLARS
($20,000.00) settlement.
(9) EMPLOYEE expressly waives any right
to appeal or seek relief from the decision of the Personnel
Commission dated June 13, 1979.,
(10) This AGREEMENT contains the entire
agreement of the parties.
DATEDa November R 6, 1979.
CITE' OF HUNTINGT,ON BEACH
BY:
FLO G. BELSITO
City Administrator
�,✓` GILBERT J z'" COERPER
APPROVED:
rr� AIL C. HUTTON
City Attorney
APPROV.AS TO FORM: 7
r
CECIL E. RICKS, JR
.°° Attorney for EMP YEE
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