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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 X X X X X 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. j I -~~Ftr Res ondent ~h IesponetltAtt~ '5 £4 A\"\'A<.-.rt<;;"D For Complainant S".z:A,\"f't,G-lt'5,.D Complainant Attorney ~~ For Iowa Civil RightSCOlTll1lIion 0\0 lila lotb Date I nOq/o?; Date i Date Date h'!t i-r:» ~ ------------------------------------- --! !1 lja6~ For comp~anl - I~ I For Iowa Civil Rights co~misSionpate I. ------_.-._--- I Fcrn'latted:font:Arial =:J 1 ~~~~~~--~_.-_._..~..