Loading...
CCR2005175. . . 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 - 9/2005jmb ðJLlë- 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. . 1>T"C H'"C TlI.Tl'T'TA T . I ~ .:7'rlf' _~ Z) ~ . 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. . 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 1>1 n ^ en Tl\.TT'"T'1 ^ 1. I fJJ . /rif C\ \\ ,_ ') . 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." . 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 . nT T"' ... nT" T'1l. TT........y I. T ) 0, -..It Í'\', " "'l . 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. . 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. . 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: . 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 . . . 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 . 6