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HomeMy WebLinkAboutJOHN O'CONNOR - 1978-07-03SETTLEMENT AGREEMENT This AGREEMENT is made on July d , - 1.3 78 , by and between: JOHN-O'CONINOR, herein called "EMPLOYEE," s`nd the CITY OF HUNTINGTON BEACH a municipal corporation of the: State of Cali- fornia, herein called the "CITY." The parties now desire to resolve all personnel matters now pending between them by ami- cable and voluntary settle -ant. NOW, THEREFORE, the parties agree as follows: 1. EMPLOYEE shall be restorod to his position of Deputy City Attorney III, and the action of suspension and termination is hereby i)ullified and rescindeA. 2. EMPLOYEE shall receive back pay, including fringe benefits, from December 28, 1977, until the date he shall resume his dut-es in the Office of the City Attorney. Provided, however, that EMPLOYEE shall relin ui sh compensation in the amount of t` 8, k �t wo kiln days ( .5-1, , urs) , whxc shall be r,.kxarge i against his accrued compensatory time. 3. The prior grievances filed by EMPLOYEE dated January 30, 1975, June 6, 1976, and August 23, 1976, are now moot because of recent changes in the administration of the Office of the City Attorney, and are hereby withdrawn 4. Orange County Superior Court action No. 27--16-66, a mandate action between the parties, shall be dismissed with prejudice in its entirety. including the cross -complaint, Id the: decision of the'Administrati e Law Judge dated November 6, 1976, shall be implemented. The CITY hereby further releases -1- EMPLOYEE from any and all expenses, including fees for the Administrative Law Judge and attorney fees,; arising out of such prior a :, trative proceeding. However, CITY agrees to ,pay ,y, 01 vno goo to EMPLOYEE $�1+.r ©00. 00 a.� and for reasonable attorney fees and costs arising out of and related to said admini:;trative pro- ceeding. 5 EMPLOYEE waives any claim to attorney, fees rela- ting to the suspension and terminit_on of December 28, 1977. 6. EMPLOYEE's personnel file shall be 1:--rged of any reference to prior grievances, st�;3pension and termination. 7, The parties each hereby fully relea0e and discharge the other from any and all claims, rights, and actions which either has or may have hereafter after the signing of this AGREE- MENT, arising out of any personnel matters or disputes between- ahem occurring prior to the date of this AGREEMENT, except as otherwise expressly provided bereir_. S. This AGREEMENT contains the entire agreement of the parties. Dated: ugly IM CITY OF HUNTINGTON BEACH HN O' CONN , Employee B ATWSTe llicia M. Tlent' rth City Clerk MAYOR BY: 1 f gi !1 Deputy APPROVED: AI�OE CAIL C. HUTTON Mo-m 'LSITO City Attorney City ministrator APPROVED AS TO MATTERS REPRESENTED ON: 6kCo7Me R CHARD W. CALISTERf Staff Att rney Huntington beach Management Employees Organization j 'GAT, HUTTON,.City Attorney WILLIAM S. AMSBARY, Assistant City ,Attorney v 2 ROBERT C. SANGSTER, Deputy City Attorney, ` 2000 Main Street-, P.O. Box 190' 3 Huntington Bleach, Cal.L s,nla 92643 ' h 4.` C714) 536--5555 e f j 7 I- g BEFORE THE PERSONNEL COMMISSION OF THE V y CITY OF 'H,UNTINGTON $EACH, CA.LIFORNIA , 10 Al In the Appeal. of ") 140TICE OF DECI8I01q } 12 JOHN O'CONNOR, ) y� Employee. ) _14 15 To Appel,l&nt JOIN O' CONNOR and :to CECIL E. RICE;S, J'R . , 16 his attorney, 17 Notice is hereby i;iven, that, the Personnel Commission 18 of the City of Huntington Beach, at its regular. neet3ng "�ietd 19,; March 19, 1980, duly considered `�h "Report s,na Recommendations .20 of Hearing Officer to Personnel -Board" filed with tbo city on. 21 Aapch 1980, and duly considered the trans{,:rRpts, evidence, 22 .;including exhibits, and argurrentr, of the parties, and .unanimously �23, rendered a deoiaton as followrb 7A 1. The issue of cdmplianeee with "Skelly," decision is 25 not before the Commission ay '-Is time. 26 . 2. Likewise no dispute as to attorney fees is before 7. t ` the Uomm;Irssi oh- at thise`; :r time`, and this issue vaseserved: 28 ' as to the amount. of attorney fees. a ,l ���� - d 1 3. Upon a review of the ',record as a whole, and in 2 particular the credibility de, ermination5 of the hearing officer, 3 the Commission hereby adopts the findings; conclusian.s, and 4 recommended decision of the hearing officer for the reasons 5 statedin his report. G 4. The discharge of John `L' Connor was justified and 7 is sustained. 8 The city 'is; the prevailing party in this matter. g This is a final jleci!sion pursuant to —Personnel Rules 10 20-5 and 20-6, and the time for seeking judicial review is 19 governed by, ,C . C . P . §1 o94.6, pursuant to Resolution No. y 723 pf 12 the City Council. 13 Dated: March 20, 1980 14 Personnel Commission of the City of Huntington Beach 15 16 �, k By - c 17 EDWARD THOMPS N Secretary 18C 19 20 21 22 23 24 25 26 27 28 ,.`1 VERIFICATMN STATE OF."ALIFORNI;A,COUNTY OF ORANGE 1, the undersigned, say: I have read the foregoing, __and know its contents, 0 CHECK APPLICABLE PARAGRAPH I am a party to this action, The: matters stated in it are true of my own knowledge except as to those matters which are stated on informatillrt ,nd belief, and as to those. matters I believe them to be true. 1 am Dart ot`fice- a partner_.....__.. -µ:__.__...Oar of Tht, City of ` a)at� r ' ^.:ie�a�h�:_a....inuitis�I�.1��2i�o ji�� ;of the state of California a pua ,r, and at authorized to make this verification for anri on its beh0f, and I shake this verification for im informed and believe and on that ground allege ;hat the matters stated in it are true. ElUi the attorney; for____._ - a pailto this action. Such party is absent from the county o'; aforesaid where such attorneys have their offices, and I make this verification for and on behalf of tYiat party for that reason, l am informed and believe and or, that ground allege :licit the -matters ,stated in it are true. Executed on - -, 19 _, at Huntington Beach, California,' 1 declare under penalty r�; litrjury that the foregoing, is true and correct. (Signature) ACKNOWLEDGMENT OF RECEIPT OF DOCUMENT (other than summons and complaint) Received copy of document dcscrib:rd (Signature) PROOF OF SERVICE BY MAIL Sa JE OF CALIFORNIA, COUNTY OF ORANGE I am employed its the county State of California, I am over the age of IS and not a party to the within action; niy business address is: - -- 2000 Main Street, P,�O. Box 190, Hg :on Beach�_r1A 92648 On March 20_ 1980, 1 served the foreF,aing document described asNnf.IcP of Decision ant; in this action by placin true copy thereof nclos d in a sealed envelope with postage thereon fully prepaid in the United States mail ati Hun�Tnp;t017 Beach A addregwd as follows: Cecil E. Ricks, Jr. 300 mouth Hari . , Boulevard, Suite 1010 Anaheim, Cali:iornia 92805 Vxecuted on. March 20 19 Bout Hu tit, i nfrton Bc aoh�, ,California, (check applicable puraltraph below) -iSt.ttc> I ;;echnc unJer penalty of perjury that the above is Irv! -,.and correct, (hederal)' I declart, lhttt I am employed in the ollicc of a mcmber of a ur ofthispurl at whosedirection the service was OTUANTB @%BROOK 11MESAVER (RQVI5ED i.rit - (signature) - (May be u•d In eddormi. Sul# of redfrN coum) w, I i I In the Grievanr:4t-; Matter ) betwen- JOHN 01CONNOR, Deputy ) FINDINGS, Caty Attorney IIIy CONCLUSIONS The Appellant, ) AND -and- ) DECISION THE CI11Y OF .HUNTINGTON BEACH, California, ) OF THE ) The Respondent. ) PERSONNEL COMMISSION ) Re: Termination for Cause }' This matter c&me on for hearing b-ifore the Personnel. Commissic+i of the City of HulAiPgton Beach on March 19, 1980 pursuant. tQ Rules 20-5and 20-6 of the Personnel Rules o the City of Huntingtein Beach; Arpel.lant, John O'Connor,'was represented by Cecil E. nicks, Jr. of Rucks and Ricks; the Respondent was represented by Deputy City Attorney Robert Sangster. Counsel for both parties baving previously waived notice of a supplemental heaz.�ng by the Commission, the matter was argued orally by crunsel for both parties; the matter was then submitted to the Commission on the basis of the transcripts of the hearing before the Hearing Officetr, the exhibits submitted into evidence in said hearings, and than written briefs of the parties and said oral argument and the Commission having considered the Report of Hearing Of,Ece THE FINDINGS, CONCLUSIONS AND DECISION of the Personnel Commission are as follows: 1. The issue of compliPAce with the 5kell.eX decision is not before the Commission at this time. 2. L.i.kewise, there is no dispute a5 to the amount of attorney's fees before the Commission at this time and this issue was reserved by the parties. 3. Upon a review of the record a.s_a whole and in particular the credj-bility determinattb ns of the hearing Ofi ceri the°Commission hereby adopts the Findingst Conclusions and Recommended Decision of the Hearing Officer for the reasons stated in his Report (a tzue and correct copy of said Repoht is attached hereto and by this reference incorporated as though set fo4th in full) The discharge of John 0' Connor was justified and is sustained. The C ty'is the prevailing party in this matter. Pursuant to Personnel Rule 2b-6 (b) , this is the final decision of the Commission. DATED: March 19, 1580 i ., U. i3o;i es, ; lFairman _Wal emar Tan Cott II, Member Jq C. Nielsen, em er -2- 2 I 5 ry� BEFORE THE PERSONNEL COMM15SION OF TSIR 9 CITY OF HUNTINCTON BEACH, CALIFORNIA 10 11 In the Appeal of ) T APPROVAL OF DECISION 12 MEN O'CONNOR, ) 13 Employee. ) 14 1 ! 16 The FindIngs, Conclusions and Decision of the 17 f Personnel Commission adopted and dated March 19, 1980, ar4 [[ 18 approved. a i i 20 ��' CITE' OF HUNTINuTON BEACH � 21 22 Dated: Maroh 2U, 19C O BY ✓_ � ' 23 (I C31;y Ac mjni9 ' ut or 24 A 2� 2" , 28 f � I.