HomeMy WebLinkAboutJACK WALTER EWING - 1975-03-13s
THIS AGREEMENT is by and between JACK WALTER EWING and
THE CITY OF HUNTINGTON BEACH, a municipal corporation, (here-
inafter referred to as "CITY") IT IS ACKNOWLEDGED by the
parties hereto that JACK WALTER EWING no longer desires to be
an employee of CITY. Neither party to this Agreement desires
to pursue die grievances or appeals that are pending pertaining
to JACK WALTER EWING.
WHEREAS, JACK WALTER EWING, formerly an employee of CITY,
was discharged from employment on October, 11, 1972; and
WHEREAS, subsequent to said discharge said former employee
appealed the matter to the Personnel Board of CITY; and
WHEREAS, said employee also applied for disability retire-
ment, which matter was denied, and then set for appeal before
the referred -to Personnel Board; and
WHEREAS, the parties hereto desire to settle these matters
with finality and with no further recourse by either party hereto,
NOW, THEREFORE, the parties do agree as follows:
1. JACK WALTER EWING shall submit a resignation from
employment with CITY, the effective date of said resignation to
be June 15, 1973.
2. JACK WALTER EWING shall prepare :and file the appropriate
documents with the Public; Employees retirement System requesting
separation from said system its of October 11, 1972.
3. Upon receipt by CITY of the items referred to in
paragraphs 1 and 2 above and approval of same by the City Attorney's
MHM;e 1.
3/5d75
office and upon receipt by CITY from the Retirement System of
proof that Mr. Ewing has been separated from the System,
and that he forever releases the System and CITY from ,respon-
sibility and liability with regard to all retirement matters,
CITY shall expunge from Mr. Ewing's record, subject to review
by Mr. Ewing and/or his attorney, all items pertaining to the
discharge from employment of Mr. Ewing. Mr. Ewing's separation
from the CITY shall be deemed to be through resignation and not
discharge and this will be reflected in all appropriate employee
records of the CITY.
4. Mr. Ewing shall file with the CITY formal written
disria.ssals of his pending grievances pertaining to his discharge
and retirement appeals. Upon approval of these dismissals
by `.he office of the City Attorney, and after completion of the
aforementioned steps contained in paragraphs 1, 2 and 3 herein
to the satisfaction of the office of the City Attorney, CITY
shall pay the sum of Ten Thousand Dollars and no/100 Dollars
($10,000.00) to JACK WAITER EWING, which sum is applicable to
salary and retirement contributions from October 11, 1972 to
June 15, 1973.
5. Nothing contained herein shall be deemed or construed
to be an admission of liability by any of the parties hereto.
IN WITNESS WHEREOF, the ^nrties,hereto have executed this
(Rest of Page Not Used)
2,
i
lift
Pr
CITY OF HUMTINGTON BEACH
. INTEP-DEPARTMENT COMMUNICATION G
HUNTINGTON BEACH '
To City Clerk From Michael $ filler
Deputy C%,,, ,` Attorney
Subject Ewing' Settlement Agreement Date March 28, 1975
Attached is the settaement agreement to be presented on the
consent calendar at the next city council meeting. ?'
As we-`fiave discussed, the expenditure pursuant to Paragraph
Four of said agreement shall take place some time in the
future.
Upon completion of the required steps "Jr Mr. Ewing and
approval by the City Attorney, I shall then prepare a
resolution for the city council authorizing expenditure
of the $10, 000 per the agreement and the satisfaction of
all conditions by Mr. Ewing.
MICHAEL H. MILLER
Deputy City Attorney
MHM:c
At-t achmen�
CITY OF HUNTINGTON BEACH
INTER-DEPARITMENT COMMUNICATION
HUNTiNGTON OEACH.
DAVI,D D. ROWLANDS MICHAEL H. MILLER
To City Admiiistrator From Deputy City Attorney
SubjectSettlement Agreement - Date March 27, 1975
Jack Walter Ewing
Transmitted herewith for approval by the City Council
at their next meeting, is a Settlement Agreementbetween
the City and employee, Mack Walter Ewing.
To assist you in aransmitting this matter to the Council.,
please Bee the attached communications,
The City Council in executive session has already approved
this settlement up to an amount of $12,000. Sub�-aquent to
this approval,, I finalized negotiations for an agreedupon
figure of $10,000.
If there are any questions concerning this matter, please
contact this office, Mr. Thompson or Chief Picard.
MICHAEL H. MILLER
Deputy City Attorney
MHMcer
C. c. Alia-a Wentworth, City Clerk
Edward H. Thompson, Personnel Director
Raymond Picard, Fire Chief
It
x
k
aA
n
y.k