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Home My WebLink AboutR-1990-D5860 Settlement• • RESOLUTION NO. Dr 58;o A RESOLUTION authorizing execution of an employment settle- ment agreement by the City Manager. WHEREAS, the City of Yakima Charter in Section 2 of Article II has authorized the City Manager to appoint and remo\.e all City employees; and WHEREAS, by Section 13 of Article II of the City of Yakima, Council members cannot direct the removal of any person in City employment; and hHEREAS, the City of Yakima Council finds appropriate the execution of employment settlement agreements by the City NIdn,iger, nu, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The Cit‘ Manager and City Clerk of the City of lakima are hereb\ authorized to execute an employment settlement agree- ment signed b\ Joseph Valenzuela, by which such City employee agrees to terminate his employment on such conditions as the CitN Manager finds to be in the best interests of the City of Iakima. ADOPTED BI THE CIT' COLNCIL this /g day of December, lqq0 .TTEST ,X12 /-,c1-1(AZ,cat.) d4W- City Clerk (res trmntn.sc) SETTIF\IFNT Ac-l2,FEYFT THIS AGREFMHNT is entered into this 3ist dav of &ctzry-i-pel, 1990, bvarid li-etween JOSEPH P. VALFNZUFLA, hereinafter referred to as "VALHNZUELA" and the CITY OF vAKTNA, WASHINGTON, amunicipai corporation, hereinafter referred to as "v-AKTMA". WHFRF,AS, VALENZDELA is currentiv emploved as a battalion f -re chef with the City of Yakima Fire Department and during ais em- ployment circumstances have arisen result1_, in YAKTMA issuing a written disciplinary reyrimand to VALENZUELA and VALFN7UELA con testin9 the issuance of suo'h a written disciylinary rePrimand and having requested an investigation by the Civil Service Commission for tne Police and Fire Services oZ the City of Yakima; and WHEREAS, VALENZUELA was on a leave of absence from YAKTmA for the period of June 19, 1987 to June 19 1983, after which title he had a reasonable expectation of employment in his rank and grade, which was not fulfilled until November 1983, without error on his part; end WHEREAS, VALENZUELA and YAKIMA wish to resolve their differ- ences other than through litigation and in consideration of such forbearance and other good and valuahle considerations; NOV, THEREFORE, TEE PARTIFS DO AGREE AS HEREBY FOLLOWS: I) YAKTMA withcraws :s written disclplinar: reprimand dated July 5. 1990 from the personnel file of VAHENZFELA. VALENZUELA will not)fv the aforesaid civil ge:vice Commission as to the with- drawai of his anpeai. set forth in his letter of Ju1v 20, 1990 to the Commission. VALENZUELA resigns his eraolovment. with vANIMA effective 5:00 p.m. on March 31, 1991. The last day on which he will be subject to active duty is December 31, 1990. Thereafter, he will be on ann.Aal/vacation leave and one day of personal holidai) up to and including February 13, 1991. Thereafter, he will he on admin- iscrative leave without pay no to ani including February 98, 1991. (agr/stlmt.sc) From :arch 1 up to and including March 13, 1991, he will be on administrative leave with pay, and from March 1L up to and in- cluding Maroh 31, 1991, he w,1 be on administrative leave without pay, VALRNZUFLA agrees that he will not use anv other form of leave rrovided by YAKIMA for the period (cr any portion thereof of January 1, 1'291, to March 31, lqql. that 7ALENZUELA aorees durirg the aforesaid period of time he uses disability vided for leave -fr o RCW 4.26, the number of days applicable tc disabiiitv be s,,,btrarted from the days set forth above as involved in administrative leavP. It, is understood between the parties that the State washingt'on Department of Ret,rement Systems (DRS) will VALENZUELA's service to he 20 years as of March 31, will adv7sP DRS of such belief 1991 and when contacted YAKIMA by DRS VALF,NZFFLA agrees that dete=nat:on ,.nd payment of his LEOFF pension is within the jurisdiction of DRS, anv failure of wh4oh, es not the basis cf a cause of action against YAKTYA 4) The parties agree the terms of this agreement shall remain ronfldential as between the twc of them. It is further agreed that neither party shall refer to VALENZUELA's employment as/ having ended with a spttlemp but rather, the reason given for OF scatcluc( separation from service sha re--si.. by the & employee, The terms herein shall not be published or communicated to tort. .;-arties except and only to the extent required bv PCw 42.i7 or other similar rePl=rements of law. 5) VALENZUELA represents that he has fullv read, understood, and voluntarily entered into this agreement after full opportunitv to receive, the Independent ar' of his toF v Russell Mazzola. TO7W VALEN717ELA understands and accepts that -this agreement governs hi$ separation from service, that this separation is absolute and 5L-7--?1,re f47 -/F, , i_treversible, and that as of the date his !e=i77-17-at=7-ne has n( further right r claim to employment with YAKIMA. Its ) VI'ILENZUELA hereby releases and forever ischarges YAKIMA, officers, agents, and employees, from any and all cia,ms of whatever nature description assocated with or arising out of his employment -with the City of Yakima, including but rot limited (aqr/stimts,) t o r any actions or disputes associated with i1 the , iscp _.atior process or his separation from service. This release includes any empI o n :e:. -l.a.te.d cause of action , n 1 4 limited to, wrongful dz L charde, hz sc'rimination or di.:, crate treatment ciolat1ons under Title 43 of the Unit: d. States Code. 7) YAKI iii .i?erebv rely eases a::.."t forever discharges VALFNZLE from any an all claims of whatever nature or description associ- ated with or arising out of VALENZUELA s employment with YAKIMA 8) VALENZUELA represents that he is fit and able to work on the dates of his completion of active duty (December 31, 1990; and of emplovment with Y AKIMA (March 31, 1991) . 3_ V , m1,47.1 partes agree that in event of ai zr action neces- sary :o enforce the terms of this agreement, venue shall lie Yakima ma Coun ty Court . 10) In the event terms of this agreement through Federal or State courts or before the other party is required co roe the al ac_on, including suit en the Civ z I Ser rce Commission or stray zve Boards, the rartees agree the prevaiLina part be awarded .the:nr re asonab_e attorney fees __na cos Cn- Thi D i : YAKI A City . anager ATTEST: DATE: