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Home My WebLink AboutR-1993-D6232 IAFF / Tony Sloan / Settlement Agreement4110 RESOLUTION NO. 6232 • • A RESOLUTION directing and authorizing the City Manager and City Clerk to execute a settlement agreement with Tony Sloan and the Yakima Fire Fighters Association, I.A.F.F. Local No. 469. WHEREAS, there has been outstanding a controversy over the City's not hiring Tony Sloan as its Fire Investigator subsequent to Mr Sloan's placement as top scorer on the Fire Investigator register, a dispute which was not resolved as of the time of signing of the current labor agreement with the Yakima Fire Fighters Association (the Union) and which was to be resolved thereafter; and WHEREAS, the Onion through its attorney has advised the City of its purpose to litigate a claim of unlawful discrimination and retaliation on behalf of Mr Sloan, and WHEREAS, extensive discussion among the parties has been productive only to the point of reaching agreement as to a cash settlement, a resolution approved by the State of Washington Public Employment Relations mediator assigned to this matter; and WHEREAS, it is in the City's interest to obtain a settlement of the controversy at this time and to avoid the cost of the extended litigation which is the sole alternative at this point, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are directed and authorized to execute a settlement agreement with Tony Sloan and the Union, a copy of which is attached and incorporated by this reference. ADOPTED BY THE CITY COUNCIL this5r4 day of January, 1993 A1 1 EST Mayor City Clerk (1s)res/settlement agr sc SETTLEMENT AGREEMENT PARTIES/BACKGROUND 1.1 This agreement is made and executed between the CITY OF YAKIMA (the City), TONY SLOAN, an employee of the City of Yakima, and the YAKIMA FIRE FIGHTERS ASSOCIATION, I.A.F F LOCAL NO 469 (the Union) in consideration of the payment hereinafter described, the mutual covenants contained herein, and for other good and valuable consideration. 1.2 Tony Sloan is a fire fighter with the City of Yakima. On April 24, 1992, and subsequent to Mr Sloan's participating in a competitive examination for a Fire Investigator position, Mr Sloan was placed as top scorer on the register for the position. Since that time, the City of Yakima City Council has eliminated the position. It has been Mr Sloan's belief that the lack of immediate appointment to the position is due to the City's unlawful discrimination against him. -He also characterizes the City's inaction as retaliation against him for prior litigation which he pursued against the City The Union has represented Mr Sloan in his claim against the City in this regard. 1.3 The parties, by this agreement, intend to resolve and settle all actual or potential disputes between them. II. CONSIDERATION 2.1 In consideration of the City's agreement to pay Tony Sloan S7,500 00 (Seven Thousand Five Hundred Dollars) in settlement of Sloan's potential claims for General Damages arising out of alleged employment-related claims, and execution of this agreement, Tony Sloan agrees to settle all claims, causes of action, and pending labor disputes regarding the City and to release the City, its officers, employees, and agents from any and all liability associated with his employment with the City of Yakima. 2.2 The City's payment in settlement of Mr Sloan's claim is in the nature of compensation for loss of Fire Investigator salary from the time of Mr Sloan's placement on the Civil Service register for this position. Mr Sloan will receive the settlement payment in the lump sum of S7,500 00, without any deductions made. 2.3 In so doing, the City makes no admission of the merits of any claims advanced to date by Mr Sloan or the Union. III. FUTURE PROMOTIONAL PROCEDURE 3.1 All parties to this agreement affirm the appropriateness of the City's compliance with Article 11 B of the current labor agreement with the Union, or with the equivalent "promotional standards" provision in any subsequent such labor agreement, in regard to the filling of any and all vacancies in positions subject to Union representation, including a Fire Investigator position if such position or a similar one is authorized by the City Council in the future. Page 1 of 4 (1s)agr/settlement.sc • 3.2 Tony Sloan acknowledges that he has been made no promise of employment as a Fire Investigator with the City • RELEASE 4.1 Tony Sloan and the Yakima Fire Fighters Association, I.A.F F Local No 469 hereby release and forever discharge the City of Yakima, its officers, agents, and employees, from any and all claims of whatever nature or description associated with or arising out of Mr Sloan's employment with the City of Yakima, including but not limited to, any actions or disputes associated with the hiring process of the City of Yakima. This release is designed to encompass any and all alleged or possible claims for employment-related causes of action including constructive discharge, discrimination or disparate treatment, claimed Civil Rights violations under Title 42 of the United States Code and any and all other claims, whether known or unknown, that the said Union or Tony Sloan may have against the City of Yakima arising out of Mr Sloan's employment with the City 4.2 This release and any negotiations preceding it are not a source of a standard of care, a duty to reimburse or indemnify, a repeatable practice or any other basis for replication or liability, flowing from the City to Tony Sloan or the Union. V . t CO 5.1 The undersigned Tony Sloan agrees that he has fully read, understood and voluntarily entered into this agreement after full and complete opportunity to have and obtain the independent advice of an attorney of his own, and the advice and counsel of his Union and its attorney, James Webster Tony Sloan covenants and agrees that he fully understands that this agreement constitutes a release, waiver, and discharge of any and all claims that he might have against the City, its employees or agents, associated with or arising out of his employment or termination thereof by the City of Yakima, the nature and character of which claims he has fully discussed with an attorney of his choosing and the Union and the nature and consequences of which he understands. 5.2 The parties hereto agree not to discuss or otherwise divulge the terms or conditions of this agreement, except as the City may be required by law VI. VENUE/BREACH OF AGREEMENT 6.1 The parties agree that in the event of any action necessary to enforce the terms of this agreement, venue shall lie in Yakima County Superior Court. Further, in the event of any such action required by either party to enforce the terms of or be reimbursed for breach of this agreement, the prevailing party shall be entitled to recover his/its attorney's fees and costs. DATE; 0 - 4-q Page 2 of 4 (1s)agr/settlement.sc ,ntnivxki) e._SS24yorc\... TONY SLOAN • • STATE OF WASHINGTON .SS. County of Yakima On this 1 day of January, 1993, before me personally appeared Tony Sloan, individually, that said individual executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed in said entity, for the uses and purposes therein mentioned. Witness my hand and official seal hereto affix the day and year first above written. Date: 1-cl-Y• STATE OF WASHINGTON ss. County of Yakima NOTARY PUBLIC in and for the State of Washington, residing at My commission expires. rAck.... la, cri 3 YAKIMA FIRE FIGHTERS ASSOCIATION, LOCAL NO. 469, INTERNATIONAL ASSOCIATION OL FIGHTERS RON 0. 4SON, President On this q+4' day of January, 1993, before me personally appeared Ron Johnson , to me known to be the President of the Yakima Fire Fighters Association Local No 469, I.A.F F, the entity that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed in said entity, for the uses and purposes therein mentioned. Witness my hand and official seal hereto affix the day and year first above written. Page 3 of 4 (1s)agr/settlement.sc NOTARY PUBLIC in and for the State of Washington, residing at Yet - My commission expires: k a. ac7 93 • • • DATE STATE OF WASHINGTON :ss. County of Yakima CITY OF YAKIMA By RICHARD A. ZAIIS, JR. City Manager On this a day of January, 1993, before me personally appeared Richard A. Zais, Jr to me known to be the City Manager of the City of Yakima the entity that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed in said entity, for the uses and purposes therein mentioned. Witness my hand and official seal hereto affix the day and year first above written. ATTEST' ci -y Clerk C17.1 C:T.TI1CT q3- /ID - Page 4 of 4 (1s)agr/setdement.sc NOTARY PUBLIC in d r the State of Washington, residing at Y /f My commission expires: