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HomeMy WebLinkAboutResolution 8702 RESOLUTION NO. 8702 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING SETTLEMENT AGREEMENT AND RELEASE WHEREAS, the city of Mounds View ("City") previously employed Michael Sommer ("Employee") in the position of chief of police; and WHEREAS, on October 30, 2009,the Employee retired from employment with the City; and WHEREAS, disputes arose between the parties subsequent to Employee's retirement from the City which resulted in the following: a. EEOC Charge Number 444-2016-01024. b. MDHR Charge Number 66697. WHEREAS, it is the desire and intent of the parties to fully and completely resolve, settle, and compromise any and all claims that may exist between the parties in order to avoid the expense and uncertainty of further litigation; and WHEREAS, the City Council has fully considered the terms of the Settlement Agreement and Release and has determined that it is in the best interests of the community to approve it as presented. NOW, THEREFORE, BE IT RESOLVED, that the above-referenced recitals are incorporated herein to this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Settlement Agreement and Release attached hereto as Exhibit A is hereby approved by the City Council. NOW, THEREFORE, BE IT FINALLY RESOLVED THAT, the City Administrator and City's attorneys are hereby authorized and directed to take any and all additional steps and actions necessary or convenient to file or record the appropriate documents and/or stipulations to facilitate the directives of the City Council as provided herein in order to accomplish the intent of this Resolution. 493529v3 AMB MU210-111 Adopted by the City Council of the City of Mounds View this 23rd day of January, 2017. CITY OF MOUNDS VIEW dAIZ Carol A. Mueller, Mayor ATTEST: (17AAAkAO EVAA.A.91"-- James Ericson, City Administrator (seal) 493529v3 AMB MU210-111 EXHIBIT A SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS This Settlement Agreement and Release of Claims is entered into by and between Michael Sommer, ("Sommer") and the City of Mounds View("the City"). WHEREAS, Sommer filed a charge of age discrimination (Charge No. 444-2016-01024) against the City with the Equal Employment Opportunity Commission (EEOC), under the Age Discrimination in Employment Act of 1967, as amended; and WHEREAS, a companion charge of age discrimination (Charge No. 66697) was also filed with the Minnesota Department of Human rights ("MDHR"); and WHEREAS, the parties now seek to resolve all claims and rights arising out of or related to Sommer's employment with the City including but not limited to all of Sommer's claims of discrimination against the City for damages, attorneys' fees and injunctive relief. NOW, THEREFORE, in consideration of the mutual covenants and agreements as set forth herein, the sufficiency of which is hereby acknowledged by both parties, Sommer and the City agree as follows: 1. Settlement Amount/Dismissal. In full and complete settlement of all claims and causes of action by Sommer, including but not limited to any claims for unpaid damages, wages, benefits, overtime, attorneys' fees and costs, the City agrees to pay Sommer a total gross amount of Four Thousand and 00/100ths Dollars ($4,000.00). This Settlement Amount will be paid to Sommer by the City within ten (10) days after the expiration of the last rescission period identified in Paragraph 4 herein. Sommer agrees that upon payment of the Settlement Amount to him by the City, all charges of discrimination filed with either the EEOC or the MDHR shall be dismissed and that Sommer will execute any documents necessary to effectuate such dismissal. 2. Taxes. Sommer understands and agrees that he shall be responsible for any tax obligation, state or federal, as a result of this settlement amount, and he agrees to hold the City harmless as to any of Sommer's tax liabilities. 3. Consideration. The parties acknowledge and agree that the terms described herein constitute sufficient consideration for this "Settlement Agreement and Release of Claims". 4. Release. In consideration of the above referenced Settlement Amount in paragraph 1, Sommer, for himself, his heirs, administrators, representatives, successors, and assigns, hereby releases and forever discharges the City, and its attorneys, agents, representatives, employees, former employees, insurers, and assigns of and from any and all, past and present claims, demands, obligations, actions, or causes of action at law or in equity, whether arising by statute, common law, contract, or otherwise, and for all claims for damages of whatever kind or nature, and for all claims for attorneys' fees and costs and expenses, including but not limited to all claims of any kind arising out of or related to Sommer's employment with the City, including but not limited to claims for harassment, discrimination, wrongful termination, defamation, intentional/ reckless/negligent infliction of 493529v3 AMB MU210-111 emotional distress, constructive discharge, claims under the City's employee handbook, or any actions arising from discussions in efforts to negotiate this Agreement. In consideration of the Settlement Amount referenced in Paragraph 1, Sommer further acknowledges that he is knowingly and voluntarily waiving all possible rights or claims arising under: the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A; Equal Employment Opportunity Act; Americans with Disabilities Act of 1990, as amended; Age Discrimination in Employment Act; Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000e—e-17; Family and Medical Leave Act, 29 U.S.C. §§ 2601-54; Americans with Disabilities Act, 42 U.S.C. § 12101-117; the Rehabilitation Act of 1973, 29 U.S.C. § 701-96i; the Public Employment Labor Relations Act, Minn. Stat. §§ 179A.01-.30; the Minnesota Occupational Health and Safety Act, Minn. Stat. §§ 182.65-.676; the Minnesota Whistleblower Act, Minn. Stat. §§ 181.931-.935; and the state and federal Fair Labor Standards Acts, 29 U.S.C. §§ 201-19, Minn. Stat. §§ 177.21-.35 and Minn. Stat. § 471.61. Sommer acknowledges that he has had an opportunity to consult with an attorney concerning the waiver and content of the rights available under these laws. It is specifically understood that the aforementioned Release is intended to include only those claims arising from any conduct, event, or transaction occurring prior to the date of this Agreement and intended to include any and all claims for unknown injuries and/or damages, unanticipated injuries and/or damages, and unexpected consequences of injuries and/or damages. Sommer further acknowledges that he fully understands the terms of this Settlement Agreement and Release of Claims, that pursuant to the Age Discrimination in Employment Act, he has had 21 days to consider it and seek the advice of his attorney and/or financial advisor, and that he is signing it freely and voluntarily. Sommer understands that if he signs this Agreement and Release prior to the expiration of the 21-day period, that act constitutes a waiver of his right to consider the Agreement for 21 days. 5. Representation by Counsel. Sommer represents to the City that he has had an opportunity to consult counsel of his choosing with respect to this Agreement and all matters covered by and relating to it. Sommer further agrees and represents that he has not received or relied upon any advice or representations by the City or the City's counsel in entering into this Agreement. The Agreement shall be binding upon Sommer and his attorneys and inure to the benefit of the City and its respective successors, assigns, subsidiaries, heirs, executors,personal representatives, and agents. 6. No Admission of Liability. The parties understand and agree that this Agreement is a compromise of disputed claims and that any promises or payments made pursuant to this Agreement are not be construed as an admission of liability on the part of any of the parties. 7. Voluntary and Knowing Action. The parties acknowledge that they have thoroughly read and understand the terms of the Agreement, and that they are voluntarily entering into the Agreement to resolve the matter. 8. Rescission/Revocation. This Agreement is subject to the following rescission/revocation periods as provided by law: Act Revocation Period Age Discrimination in Employment Act, 7 days 29 U.S.C. § 626(f) (1) (G) 493529v3 AMB MU210-111 Minnesota Human Rights Act, 15 days Minn. Stat. § 363A.031, Subd. 2 Once the Agreement has been executed, Sommer understands that he has the right to rescind and/or revoke the waivers and releases contained in this Agreement. To be effective,the rescission or revocation must be in writing and delivered to the City either by hand or by mail within the 7-day period for the Age Discrimination in Employment Act, or within the 15-day period for the Minnesota Human Rights Act. If delivered by mail, the rescission or revocation must be: (a) postmarked within the applicable 7- or 15-day period; (b) properly addressed to the City; and (c) sent by certified mail, return receipt requested. The City's address is as follows: City of Mounds View Attention: City Administrator James Ericson 2401 County Road 10 Mounds View, MN 55112 9. Severability. Any provision of this Agreement that is prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. 10. Complete Agreement. The parties acknowledge and represent that no promise or representation not contained in the Agreement has been made to them. 11. Governing Law. The Agreement will be construed, enforced, and governed in accordance with the laws of the State of Minnesota. 12. Counterparts. This Agreement may be executed in one or more counterparts which, taken together, shall constitute but a single agreement. IN WITNESS WHEREOF, the City of Mounds View and Michael Sommer have approved and executed this Settlement Agreement and Release of Claims on the day and year as set forth below. 493529v3 AMB MU210-111 Dated: January 23, 2017. CITY OF MOUNDS VIEW BY: Carol A. Mueller, Mayor BY: James Ericson, City Administrator Dated: , 2017. Michael Sommer 493529v3 AMB MU210-111