HomeMy WebLinkAboutRONALD G. PHELPS - 1979-03-06 r
SEVZLEMENT AGREEMENT
This Settlement Agreement is entered into by and
between RONALD G. PHELPS (herein referred to as "PHELPS") ,
and the CITY OF-HUNTINGTON BEACH (hereinafter referred to as
11CITY") , with reference to the following facts :
A. From May 8, 1972,- until July 28, 1978, PHELPS
was an employee of the CITY, working in the Public Works
Department. On July 28, 1978, PHELPS was terminated from
his employment with the CITY. At that time, he was working
as i landscaper.
B. Following said termination, PHELPS filed an
appeal, and an administrative hearing was held before an
independent hearing officer, . No decisior, has yet been rendered
by the hearing officer, and the parties have requested the
hearing officer to defer any further action pending settle-
ment negotiations.
C. The parties hereto desire to settle and compro-
mise all differences standing between them prior to the rendering
of a decision; by the hearing officer_.
Therefore, based on the foregoing facts and thn records,
:files, and transcripts in this case, the parties hereto agree
as follows
1. PHELPS is deemed to have voluntarily resigned from
his employment with the CITY effective July 28, 1978. All per-
tinent personnel records and files will be changed to show that
PHELPS termination was by,reBignat on.
1.
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2. CITY hereby agrees to immediately pay to PHELPS
the sum of $4,080 by payment of said sum in trust to his
attorney, James G. Harker, less legally required deductions
for federal and state income tax withholdings. Said sum
constitutes a full settlement of all claims of PHELPS against
the CITY for salary, vacation, sick leave, and other benefits.
8. The partipz hereto shall inform the hearing
officer of the .settlement and file a copy of the Settlement
Agreement with him.
4. PHELPS hereby waives any and all rights to rein-
statemen�, backpay, or any other remedy except as otherwise
provided in, this agreement.
5. PHELPS specifically waives any and all claims,
known or un':nown, present ar future, against the CITY, and its
officers, agents, or eraployees, arising out of his employment
with the CITY,,,,notwithstanding tnat Civil dode Section 1542
provides : "A general .release does not extend to claims which
the creditor does not know or expect to exist in his favor at
the time -of executing the .release, which if known by him must-
have materially af ,ected his settlement with the debtor."
6. The parties declare and represent that no
promise, inducement, or agreement not herein expressed has
been made, and that the Settlement Agreement contains the
entire agreement between the parties hereto.
7. Each of the parties to this Settlement Agreement
agrees to perform each of the acts and fulfill each of the
2.
40
obligations recited herein as expeditiously as possible, and
each parties agrees to sign any and all documents which may
be reasonably necessary to effectuate this agreement.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on March 6,, 1979.
CITY OF HU TINGTON BEACH
FLOP G. B LSITO RONALD G. PHELPS
City Administrator
APPROVAL AS TO FORM:
GAIL HUTTON, City Attorney
By
ROBERT C. SkNGSTER JAMES G. ARKER
Deputy. City Attorney ttorney or Employee
RCS:sh
3.
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CITY CF �1�lhD16'I1�G'f ON BEACH
INTER-DEPARTMENT COMMUNICATION
1JUNTiNGTON BUCN
To ALICIA WENTWORTH From Office of the
City Clerk City Attorney
Subject Settlement of Ronald G. Phelps Date March 23,, 1979
Case
Enclosed for filing is the settlement agreement and the cover
letter signed by James Harker and Ronald Phelps. This case
is now concluded.
Than . you.
�— ..
RG E,RT C. SAN TE
Deputy G-cy Attorney
RCS:sh
cc: City Administrator
Personnel Director
Daryl `Smith, Public Works
Enclosure -
JAI,iEs G. HARKER
ATTORNEY AT LAW e+
r�
SUITE 155 CR EEKSIDE PLAZA
.SOS.NORTH TUSTIN AVENUE
SANTA ANA,CALIFORNIA 92708. �V' �r•
(714)SSB-8773 M!
March 20, 1979
Mr. Robert C. Sangster
Deputy City Attorney
City of Huntington Beach
Post Office Box 190
Huntington Beach, California 92648
RE; Settlement of Ronald G. Phelps Case
Dear Bob:
Enclosed is the signed original settlement agreement in
the Phelps matter. In accordance with our recent telephone
conversation, I added the clause "excluding Mr. Phelps ' current
Workers Compensation claim" in paragraph 5.
This case is now concluded. I have deposited the City's
check in my trust account and made payment to Mr. Phelps
accordingly.
Very truly yours ,
amers2�. Harker
JGii:jb
Enclosure
cc : Mr. Ronald G. Phelps
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