HomeMy WebLinkAbout2008-06-02-Resolutions 08-123_Employment - Agr - WaltherTHE CITY OF WAUKEE,IOWA
RESOLUTION 08-123
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH GARY WALTHER ON BEHALF OF THE CITY OF
WAUKEE
WHEREAS,the employment of Gary Walther,an employee for the City of Wankee,
ended effective July 31,2007,and the City Council has reviewed and approved said effective
date;and
WHEREAS,the City Council of the City of Waukee has reviewed and approved an
agreement with Mr.Walther ("Agreement");and
WHEREAS,the City Council of the City ofWankee believes the Agreement to be in the
best interest of all parties,as well as is in the public interests of the City ofWankee.
NOW,THEREFORE,be it resolved by the City Council of the City of Waukee,Iowa,
that the Agreement between the City ofWankee and Gary Walther,in the form attached hereto
as Exhibit "A,"is hereby approved and accepted.Further,the Mayor is hereby authorized and
directed to execute said Agreement on behalf of the City of Wankee.
Approved and adopted this 2nd day of June 2008.
Moved by Harvey,Seconded by Stanton to adopt.
Attest:
Jeffre
ROLL CALL VOTE
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT ABSTAIN
Exhibit A
IN THE MATTER OF THE MEDIATION SETTLEMENT
BETWEEN
DOCKET NO.CP#01-08-54685
FEDERAL NO.26A-2008-00599C
RESPONDENT:WAUKEE VOLUNTEER FIRE DEPARTMENT
WAUKEE CITY HALL,230 HWY 6
WAUKEE,IA 50263-0000
CITY OF WAUKEE
WAUKEE CITY HALL,230 HWY 6
WAUKEE,IA 50263-0000
AND
THE IOWA CIVIL RIGHTS COMMISSION
GRIMES STATE OFFICE BUILDING
400 E.14TH ST.,1ST FLOOR
DES MOINES,IA 50317
ON THE COMPLAINT OF
COMPLAINANT:GARY WALTHER
114 SE SHARON DR #1
ANKENY,IA 50021-0000
Complainant having made claims against Respondent,including filing a charge with the
Iowa Civil Rights Commission ("the Commission")under Iowa Code Section 216;and
there having been a preliminary inquiry,the parties hereby agree and do settle the
above-captioned matter in the following extent and manner:
1.Respondent agrees that there shall be no discrimination,harassment,or retaliation of
any kind against Complainant,or any other person,for filing a charge under Iowa Code
Section 216;or because of giving testimony and/or assistance,or participating in any
manner in any investigation,proceeding or hearing under Iowa Code Section 216;or
because of lawful opposition to any practice forbidden under Iowa Code Section 216.
2.Respondent agrees that all employment,retention,promotion and termination,and all
other terms and conditions of employment,shall continue to be maintained and
conducted in a manner which does not discriminate on the basis of race,creed,color,
sex,age,religion,national origin,or physical or mental disability in violation of Iowa
Code Section 216.
3.Respondent agrees-upon approval of Respondent's City Council-to pay the sum of
$5,333.33 (FIVE THOUSAND THREE HUNDRED THIRTY THREE DOLLARS AND
THIRTY THREE CENTS)to the Complainant,which shall be reported on a W-2,and
$2,666.67 (TWO THOUSAND SIX HUNDRED SIXTY SIX AND SIXTY SEVEN CENTS)
to the Complainant's Attorney,which shall be reported on a 1099.Both payments shall
be mailed to Complainant's Attorney,care of Patrick Hopkins,Hopkins Law Office,
P.L.C.,1415 28th Street,Suite 160,West Des Moines,la 50266,on or before June 16,
2008.The Respondent further agrees to give Complainant a neutral job reference
letter,as well as place a letter of resignation from Complainant into his personnel folder
(to be delivered to Respondent by May 29,2008)and change the designation on
Complainant's personnel folder from termination to resignation.Complainant
acknowledges this agreement,and the payments hereunder,is subject to
approval by Respondent's City Council and if the agreement is not so approved,
it shall be void.
4.It is understood that the signing of this Agreement does not constitute an admission
by Respondent of any violation of Iowa Code Section 216,and that this Agreement is
entered into by the parties in a good faith effort to amicably resolve existing disputes.
5.Complainant hereby waives,releases,and covenants not to sue Respondent for all
claims and damages,known or unknown,including but not limited to those related to,
arising from or attributed to:(1)Complainant's employment with Respondent;(2)the
termination of such employment;and/or (3)all other acts or omissions related to any
matter at any time prior to and including the date of execution of this Agreement.This
Agreement is intended to be a global release involving all matters,including those that
were,or might have been alleged,as charges filed with the Iowa Civil Rights
Commission,the Equal Employment Opportunity Commission or any other
antidiscrimination agency,subject to the performance by Respondent of the promises
and representations contained herein.Complainant agrees that any complaint filed with
any other agency,including the Equal Employment Opportunity Commission,or any
other antidiscrimination agency,which involves the issues of this complaint,shall be
closed as Satisfactorily Adjusted.
6.Respondent agrees that the Commission may review compliance with this Settlement
and Respondent shall provide evidence of compliance with paragraph 3 of this
Agreement to the Commission on or before June 16,2008.Evidence of compliance will
be a photocopy of the settlement check.
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