CCR2005175.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #175-2005
APPROVAL OF SETTLEMENT AND RELEASE AGREEMENT
BETWEEN THE CITY OF MUSKEGO
AND LAURA BECKER
BE IT RESOLVED That the Common Council of the City of Muskego does hereby
approve the attached Settlement and Release Agreement between the City of
Muskego and Laura Becker.
BE IT FURTHER RESOLVED That Police Chief John Johnson is hereby authorized to
execute the agreement in the name of the City.
DATED THIS 22nd DAY OF November ,2005.
SPONSORED BY:
Charles Damaske, Mayor
Deferred: 09/27/05, 10/11/05,
10/25/05, 11/08/05
This is to certify that this is a true and accurate copy of Resolution #175-2005 which
was adopted by the Common Council of the City of Muskego.
'l -i,JOi#m Lfì1 ~ j))
ler -Treasurer
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9/2005jmb
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RECEiveD
NOV 15 ZOOS
AFSCME-COUNClL 40
MAD\SON,WI . SETTLEMENT AGREEMENT AND GENERAL RELEASE
THIS AGREEMENT made by and between LAURA BECKER (hereinafter
referred to as "Becker"), CITY OF MUSKEGO, and its affiliates, agencies,
divisions, officers, directors, agents, insurers, and employees (hereinafter
collectively referred to as "City"); and MUSKEGO AREA PUBLIC EMPLOYEES
LOCAL 2414 AFFILIATED WITH DISTRICT COUNCIL NO. 40 OF THE
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, AFL-CIO (hereinafter referred to as the "Union").
WHEREAS, Becker was employed by the City as a Telecommunicator with
the City's police department and was, at all times relevant hereto, represented
by the Union;
WHEREAS, Becker has filed a lawsuit against the City of Muskego, and its
insurer, in the Circuit Court of Waukesha County, State of Wisconsin, Case No.
2005-CV-736, alleging that the City violated her privacy rights; Becker has
further filed a claim with the Equal Employment Opportunity Commission
(EEOC), Case No. 26GA500477 and the State of Wisconsin, Department of
Workforce Development, Case No. CR-200404950, both alleging that the City
discriminated against her for reason of her disability by its failure to
accommodate her; .
WHEREAS, Becker was terminated from her employment effective June
16, 2005 and Becker and the Union have filed a grievance challenging Becker's
termination from her employment;
WHEREAS, the City collectively denies the above allegations, specifically,
that it violated Becker's privacy rights, failed to accommodate her as alleged, or
that it terminated Becker's employment for any reason other than just cause
under the collective bargaining agreement. Therefore, the City disputes all of
Becker's claims and allegations; and maintains that all its decisions and actions
with respect to Becker were lawful in all respects and in compliance with its
policies and procedures; and
WHEREAS, in order to avoid the costs of litigation which may be
experienced by both parties, as well as the risks attendant thereto, the parties
desire to affect a final settlement of all matters relating to Becker's employment
and separation from employment and have arrived at a compromise of all such
matters.
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. NOW, THEREFORE, based upon the foregoing and in consideration of the
mutual covenants and promises contained herein and other good and valuable
consideration, the receipt of which is hereby acknowledged, the parties agree as
follows:
1. The City agrees to pay the total sum of thirty-nine thousand
dollars ($39,000.00) in final settlement of all claims of Becker against
the City. Of this amount, $10,000.00 represents attorney's fees and
expenses and $29,000.00 represents compensation for injuries Becker
claims to have suffered. Such payments will be made by two (2)
separate checks. The first check in the amount of $10,000.00, shall
be made payable to the Cross Law Firm Trust Account and the second
in the amount of $29,000.00, shall made payable to Laura Becker.
Such checks shall be mailed within fifteen (15) days after the final
execution of this Agreement and its approval by the Common Council
of the City of Muskego.
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2. Becker hereby agrees to indemnify the City and hold it harmless
from any taxes, penalties or interest it may incur in connection with
the failure to withhold any tax, social security, FICA, or any other
amounts, should it ever be determined that a further withholding
obligation exists.
3. Becker and the City agree that Case No. 2005-CV-736, ERD
Case No. 2004-04950 and EEOC Case No. 26GA500477, will be
dismissed with prejudice, without further notice and without further
costs or attorney's fees to either party. Becker agrees to execute
documents necessary to secure such dismissal and to dismiss any
other claims she may have pending against the City of Muskego.
4. Becker and the Union agree to withdraw with prejudice the
above-referenced grievance in this matter. Further, Becker waives any
claim she may have for reinstatement, payout of accumulated sick
leave and backpay since the date of her termination on June 16, 2005,
and Becker irrevocably resigns her employment effective June 16,
2005.
5. Neither this Agreement nor any action taken by the City
pursuant to it shall in any way be construed as an admission by the
City of any liability, wrongdoing, or violation of law, regulation,
contract, or policy.
. 6. Becker hereby stipulates and agrees that the City has fully
cooperated with her in investigating her allegations that her open
records request made in 2004 was altered and, that based upon that
joint investigation, Becker is now convinced that the tape was not
altered and that she apologizes to the Police Department as a whole
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. and Capt Gesizler personally for the manner in which she raised her
concerns.
7. The parties agree that to the extent permitted by law this
Settlement Agreement will remain confidential. For its part, upon
receipt of an executed copy of this Agreement, the City agrees to
provide Becker's future or potential future employers with a letter of
reference on Police Department letterhead indicating the following:
"Laura Becker was employed by the City of Muskego Police
Department as a telecommunicator. Ms. Becker was so employed from
May of 1986 through June 16, 2005. Ms. Becker resigned her
employment with the City effective June 16, 2005, for personal
reasons." Beyond this letter of reference, the City will not orally
provide any information to prospective employers without Becker's
express authorization. All parties, including Becker, agree that their
only comment regarding this matter to other parties will be that the
matter "has been resolved."
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8. As a material inducement to the City to enter into this
Agreement, Becker hereby irrevocably and unconditionally releases,
quits, and forever discharges the City, its successors, assigns, agents,
directors, officers, employees, representatives, departments, affiliates,
and insurers and all other persons acting by, through or in concert
with any of them (collectively "releasees") from any and all charges,
complaints, claims, liabilities, obligations, promises, agreements,
actions, damages, expenses (including attorney's fees and costs
actually incurred) or rights of any and every kind or nature, accrued or
unaccrued, known or unknown, which Becker has, claims to have, or
may have against each or any of the releasees as of the date of
execution of this Agreement. This release pertains to, but is no way
limited to, all matters related to or arising out of Becker's employment
with the City and all claims for damages other than those expressly
provided in this Agreement. This release further pertains to, but is no
way limited to, rights and claims under the Americans with Disabilities
Act, the Age Discrimination in Employment Act, the Older Workers'
Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Civil
Rights Act of 1991, the Wisconsin Fair Employment Act, the
Occupational Health and Safety Act, the Federal and Wisconsin Family
and Medical Leave Acts, Executive Order 11246, the Civil Rights
Reconstruction Era Acts (including, but not limited to, 42 D.S.C.
Sections 1981 and 1985), 42 D.S.C. Section 1983, the Federal
Rehabilitation Act of 1973, the Consolidation Omnibus Reconciliation
Act (COBRA), all amendments to the aforesaid laws, and any other
federal, state or local laws or regulations of any kind, as well as any
common law actions including, but not limited to, any claims for
privacy, wrongful termination, any tort, breach of contract or public
policy, defamation or invasion of privacy claims. The City, does hereby
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. release, quit and forever discharge Becker and her heirs and assigns
whether known or unknown from any and all liability, joint and
several, from all claims, actions, demands, causes of action, liabilities
and obligations of whatever nature whether known or unknown,
anticipated or unanticipated, whether arising by tort, contract or
otherwise at law or in equity, which the City might have had or raised
by reason of any matter based on any action, omission or conduct of
any kind as of the date of execution of this agreement. Specifically, in
consideration of the personal apology contained herein, Captain Paul
Geiszler personally agrees to waive any and all claims he may have
against Becker as of the date of this agreement.
9. Becker, the City and Geiszler represent that they have not filed
any complaints, charges, claims or grievances against the each other
other than those identified above with any local, state or federal
agency, court or commission, that she will not do so at any time
hereafter against the City, and that if any agency, commission, or
court assume jurisdiction of any such complaint or charge on behalf of
Becker, she will request that the agency, commission, or court dismiss
such proceeding.
. 10. As a further material inducement to the City, Becker and the
Union to enter into this Agreement, the parties hereby agree to
indemnify and hold each other harmless from and against any and all
loss, cost" damage or expense, including without limitation attorney's
fees incurred as a result of any breach of this Agreement. Becker
further agrees that she will not reapply for employment with the City.
11. The' parties mutually agree not to make any other disparaging
statements against the City, Captain Geiszler, Becker or any of the
above-named releasees.
12. The Union agrees to dismiss any grievance(s) it has filed on
behalf of Becker involving her employment andj or separation from
employment; and agrees that it will not file any further complaints,
grievances, or demands on behalf of Becker in the future. The City
agrees that Becker's personnel file will reflect that she resigned her
employment with the City effective June 16, 2005. Becker agrees that
the Union has fairly and lawfully represented her in all matters
relating to her employment andj or separation from employment.
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13. This Agreement shall be binding upon Becker and her heirs,
administrators, representatives, executors, successors, and assigns
and shall inure to the benefit of the releasees and the heirs,
administrators, representatives, executors, successors, and assigns.
The parties understand and agree that this Agreement is final and
binding and constitutes the complete and exclusive statement of the
PLEASE INITIAL: LØ : 1ft< :\ l ^ 4
. terms and conditions of settlement and that no representations or
commitments were made by the parties to induce this Agreement other
than as expressly set forth herein. Becker further represents that she
has had the opportunity and time to consult with legal consult
conceming the provisions of this Agreement and that she has been
given twenty-one (21) days in which to consider this Agreement. The
Agreement may subsequently be revoked by her within seven (7) days
of executing the Agreement.
14. Becker acknowledges that she has read and understands the
contents of this Agreement, that she has been given sufficient time in
which to consider the contents of this Agreement, and that she has
consulted with her attorney regarding this Agreement. Further,
Becker acknowledges that the City has not made any representations
to her, which have not been expressly stated in this Agreement. This
Agreement may not be modified or supplemented except by a
subsequel1-t written agreement signed by the party against whom
enforcemept is sought.
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15. It is understood and agreed that the laws of the State of
Wisconsin shall at all times and in all respects govem the construction
and interpretation of this Agreement. If any portion of this Agreement
is found to be unenforceable, to the extent permitted by law, the
parties desire that all portions that can be separated from it are
appropriately limited in scope shall remain valid and enforceable.
IN WITNESS WHEREOF, the parties herein executed this Settlement
Agreement and General Release as of the date appearing next to their
signatures.
CITY OF MUSKEGO
By:
~../~Date: IØ3;05
~-~J\ bo ~ (),
Paul Gei~zl~r U
(individually)
Date: {(-cc -() ~
By:
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MUSKEGO AREA PUBLIC EMPLOYEES LOCAL 2414 AFFILIATED
WITH DISTRICT COUNCIL NO. 40 OF THE AMERICAN FEDERATION
OF STAT, COUNTY AND MUNICIPAL EMPLOYEES, L-CIO
BY:~~~ Date: /, OF
PLEASE INITIAL: tlJ Jr.-e ~ 0 ::J 5
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For the Union
CROSS LAW FIRM, S.C. (AS TO FORM)
By: /o~ d.-7 - ZJS- Date:
CAUTION: THIS IS A RELEASE. CONSULT WITH YOUR ATTORNEY
AND READ IT CAREFULLY BEFORE SIGNING.
~t1hJ72' '&'Jfæ-
Laura ecker
Date: O::JobrcJ1dCf)5
STATE OF WISCONSIN )
) ss
WAUKESHA COUNTY )
On thisaztday of {}C/;/;..t/\ ,2005 Laura Becker appeared before me
and, after being duly sworn, did say that she acknowledged this instrument to
be her voluntary act.
PTFA~F TNTTT A T.. L f!J
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