HomeMy WebLinkAboutJAMES DAHL - 1978-11-27SETTLEMENT AGREEMENT
This Settlement Agreement is entered into between
petitioner, FAMES DAHL (hereinafter referred to -as "DAHL"),
and respondents CI:'Y OF HUNTINGTON BEACH (hereinafter re-
ferred to as "CITY") and PERSONNEL BOARD, City of Huntington
Beach (hereinafter referred to as "BOARD"), with re-ference
to the following facts:
A. On December 22,,1976, DAHL was advised by the
Chief of Police of CITY that DAHL's employment as a Police
Sergeant with the CITY would beterminatedas of that date
based upon certain specified charges.
B. Following an appeal by DAHL and a hearing
before an independent hearing officer, BOARD rendered a
decision wherein it adopted the hearing officer's FINDINGS,
CONCLUSIONS and RECOMMENDATIONS which determined that all
of the serious charges made by the Chief were unfounded but
that DAHL had committed some minor and technical violations
involving the t.se of poor judgment, which conduct justified
the imposition of disciplinary action less than termination.
The BOARD thereupon ordered that DAHL should be suspended
,without pay for a period of approximately ten months, i.e.,
from December 22, 1976 until October 20, 1977.
C. On Ap2il 10, 1978, DAHL filed a Petition for
Writ of Mandate in the Orange County Superior Court against
respondents (Case No. 28 80 70) wherein he alleged that
respondents had committed a prejudicial abuse of discretion
in that the order and decision to suspend DAHL without pay
for a period of approximately ten months was arbitrary,
capricious and produced discipline, patently excessive in
relation to the misconduct found by the BOARD to havE occurred..,
D. The matter was duly heard on June 30, 1978
before the Honorable Robert H. Green, Judge Presiding.
E. On July 19 1978, Judge Green rendered his
NOTICE OF INTENDED DECISION wherein he found that resuondents
committed a prejudicial abuse of discretion in thattheir
order and decision to suspend DAHL without pay for a period
of approximately ten months was arbitrary, capricious and
produced discipline that was patently excessive. Based
upon that determination, Judge Green held that a Petition
for Writ of Mandate should be granted and the matter re-
manded to xe.spondents to hear and re -determine the extent
of the discipline in accordance with his decision.
F. The parties hereto desire to settle and
compromise all differences standing between them prior to
the execution by Judge Green of Findings of Fact and Conclu-
sions of Law and a Judgment, the entry of Judgment and the
issuance of a Peremptory Writ of Mandate for the purpose of
establishing and furthering harmonious and sound relations
between the Police Department of CITY and DAHL, who is
still employed as a Police Sergeant thereat.
Basee upon the foregoing facts, the parties hereto
agree as follows:
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NONNI
1. The aforementioned decision of the BOARD
dated 'October 19, 1977 shall be modified forthwith so as
to reduce the duration of the period of suspension without {
pay by causing such suspension to r� from December 22, 1976
until May 20, 1977,, or a period of approximately five months.
2. Said modified decision shall be adopted by
is
the City Council of CITY.
3.. CITY shall immediately pay to DAHL the .'ull
compensation that would have been due and owing him by
virtue of his employment for the five month period between
May 21, 1977 and October 20, 1977, including; his gross salary
plus all incentives, seniority credits, retirement contributions,
and one-half of vacation benefits incidental and attendant
thereto (less appropriate deductions computed for each monthly
period of -portion thereof for federal and state income taxes
and employee retirement contributions),, maximum of $11359
y. Following approval of this Agreement by the
City Council of CITY and the payment to DAHL of all sums
specified hereinabove in paragraph 3, the aforementioned
proceedings in the Orange County Superior Court in the case
of DAHL v . CITY OF HUNTINGTON BEACH (No. 28 80 70) shall
be dismissed with prejudice
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Ask-
5. Each of the parties to this Agreement agrees
to perform each of the acts and fulfill each of the obli-
gations recited in.,.this Settlement Agreement as expeditiously
as passible.
performance o� all of the obligations
6. The pert
recited in this Settlement Agreement shall operate to re-
lease all parties hereto from any future responsibilities
or obligations, and extinguish all claims that any party
may have against another party, in connection with the
subject matter of the within proceed'ngs.
Dated: September 19, 1978
SILVER, WELLS & KREISLER
J r By
�t7ames Dahl STEPH H. SILVER
Attorneys for Petitioner
JAMES DAHIj
Dated:
CITY OF HUNTINGTON BEACH
By
SAIL HU`L'TON, CityAttorney
This Agreement has been approved by the City Council
of the City` of Huntington Beach,
Dated: `�'�_22 1172,?.
ATTEST:
! R� "' ' � J.M -: .Ar.✓✓�' C.re+..
.� MAYOR OF HUNTINGTON BEACH
mil" • a,�j�'/%��� zs?�^'f
City Clerk
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