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HomeMy WebLinkAboutContracts & Agreements_47-2003_CCv0001.pdf GENERAL AND SPECIAL RELEASE AND SETTLEMENT AGREEMENT This General and Special Release and Settlement Agreement (hereinafter referred to as "Agreement") is between the City of Redlands ("City") and Bonnie J. Johnson ("Johnson"). WHEREAS City and Johnson wish to agree upon her resignation with a severance: and zn Z� WHEREAS the City and Johnson wish to finally settle and resolve all grievances, disputes. controversies, claims and actions between them in order to make their peace and avoid the uncertainties of any litigation, investigation or review, and the expenses and costs incident thereto. NOW,THEREFORE, City and Johnson covenant and agree as follows: I Johnson submits her resignation and City accepts it effective March 18, 2003. 2City agrees to pay Johnson the equivalent of three-months salary($25.710) as a full and final settlement of all matters resolved by this Agreement upon full execution of this Agreement and approval by the City Council. Johnson will be responsible for paying any and all taxes associated with this Settlement Agreement. Nothinc, herein shall affect Johnson's right to receive any salary due her through March 18,2003 or to receive any payment for accrued benefits provided for by City personnel rules or agreement with the management employees. 3. Johnson does hereby and forever release and discharge City, and any past and/or present affiliated entities, as well as all direct or indirect successors, officers, officials, directors, heirs,predecessors,assigns,agents,insurers,employees,attorneys and representatives,and each of them, past and present, from any and all causes of action, actions,judgments, liens, indebtedness. damages, losses, claims, liabilities, and demands of whatsoever kind or character, known or unknown,suspected to exist or not suspected to exist, anticipated or not anticipated,whether or not heretofore brought before any state or federal court or before any state or federal agency or other governmental entity, and from all claims arising from or related or attributable to Johnson's employment with the City and/or her resignation and from any grievance or other dispute between the parties whenever such claims may have occurred. This release and discharge includes,but is not limited to, any claims Johnson may have for wrongful termination, discrimination under state fair employment laws or federal law, harassment, emotional distress, violation of constitutional, civil or statutory rights and claims for attorneys' fees and costs. 4. Johnson understands that this Agreement extends to all grievances,disputes or claims of every nature and kind, known or unknown, suspected or unsuspected, past, present or future, arising from or attributable to the above-referred matters and disputes. Johnson understands and expressly agrees that this Agreement also extends to any other matter,event or claim occurring prior to the date of execution of this Agreement. Johnson further acknowledges that any and all rights granted her under Section 1542 of the California Civil Code,or any other analogous federal or state law or regulation,are hereby expressly waived. Said Section 1542 of the California Civil Code reads as follows: SECTION 1542. CERTAIN CLAIMS AFFECTED BY GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Cal. Civil Code Section 1542. 5. Johnson understands and expressly agrees that this Agreement shall bind and benefit 2 her spouse, children, heirs, agents, attorneys, representatives and assigns. 6. Johnson covenants not to sue or participate in any legal action or proceeding against the City or any person or entity described in this Agreement under any policy, contract, law or regulation, federal, state or local, pertaining in any manner whatsoever to the subject of these disputes.including,but not limited to.Johnson's employment and resignation and any rights she may have under any policy, or local, state or federal statute, law or regulation. 7. Each party acknowledges that he or it has carefully read this Agreement and has been advised fully of the legal and binding effect of its terms. Each party acknowledges that the only promises made to induce her or it to sign this Agreement are those stated herein. Having been fully advised and informed,each party voluntarily enters into this Agreement and/or the waiver of rights covered by this Agreement. 8. Johnson agrees that she shall not make any disparaging comments or reports about the City, the City Council or any of its members, the City Manager or any other City Department Head. City agrees that it shall provide Johnson with a letter of reference,a copy of which is attached to this Agreement. If City receives inquiries about Johnson,it will provide dates of employment and position held unless Johnson has provided to the City a written release to provide other information or the City is otherwise compelled by law. Neither City Council nor any City management employee shall make any disparaging comments or reports about Johnson. 9. Each party understands, acknowledges, and agrees that this is a compromise settlement of a disputed claim or disputed claims, and that nothing herein shall be deemed or construed at any time or for any purpose as an admission of the merits of any claim or defense. 10. No waiver of any party of any breach of any term or provision of this Agreement shall 3 be construed to be.nor be, a waiver of any preceding. concurrent or succeeding breach of the same. or any other term or provision thereof. No waiver shall be binding unless in writing and signed by the party or individual to be charged or held bound. 11. Should any provision of this Agreement be declared or determined by any court to be illegal or invalid. the validity of the remaining parts. terms or provisions shall not be affected thereby and said illegal or invalid part, term or provisions shall be deemed not to be a part of this Agreement. The parties agree that this Agreement was reviewed by counsel for both parties and shall be construed without regard to who drafted the language. 12. This Agreement sets forth the entire agreement between the parties hereto regarding the subject matter hereof. DATED: Iiµ l 2003 Bonnie yJvKnson DATED: 2003 CITY OF REDLANDS By KarlN. "Kaley" Haws Mayor THIS AGREEMENT IS SUBJECT TO CITY COUNCIL APPROVAL(PENDING) APPROVED: DATE: MARCH 18,'200- 4 City of Redlands City Manager John Davidson March 18, 2003 To Whom It May Concern: This letter is being written as an employment reference for Bonnie Johnson. Ms. Johnson was employed with the City of Redlands as the City's Finance Director from December 1, 1997 to March 18, 2003. During the past two and one half years that I have been the Redlands City Manager, she has proven herself to be a dedicated employee with strong leadership skills, high standards and sound ethics. She has also demonstrated the ability to make decisions in a timely manner and be creative. In addition, Ms. Johnson has been asked to be the Acting City Manager during my absence a number of times over the past couple of years. Ms. Johnson would make a major addition to any team. Please feel free to contact our Personnel Services Office at (909) 798-7514 if you have any further questions concerning her employment. Sincerely, 6OH DAVID ON anag "Preserving the Past, Protecting the Future" P.Q. Box 3005,Redlands, CA 92373-1505 (909)798-7510 FAX(909)791-7503 information or evaluation is needed. Motion seconded by Councilmember Harrison and carried by AYE votes of all present. Variance No. 645 - Councilmember George moved to approve Variance No. 645 subject to the findings and conditions of approval contained in the staff report. Motion seconded by Councilmember Harrison and carried by AYE votes of all present. Commission Review and.. Approval No. 746 - Councilmember George moved to approve Commission Review and Approval No. 746 subject to the findings and conditions of approval contained in the staff report. Motion seconded by Councilmember Harrison and carried by AYE votes of all present. PUBLIC COMMENTS None forthcoming CLOSED SESSION The City Council meeting recessed at 8:50 P.M. to a the Redevelopment Agency meeting and reconvened at 8:53 P.M. at which time Mayor Pro Tern Susan Peppler was present. The meeting recessed to a closed session to discuss the following: 1. Conference with legal counsel: Anticipated litigation - Government Code Section 54956.9(b) - one case The City Council meeting reconvened at 9:27 P.M. ANNOUNCEMENT Settlement Agreement - Bonnie Johnson - City Attorney McHugh announced the City Council, by unanimous vote, approved a General and Special Release and Settlement Agreement with Bonnie Johnson, the former Finance Director; Ms. Johnson submitted her resignation effective March 18, 2003. ADJOURNMENT There being no further business, the City Council meeting adjourned at C� 9:29 P.M. The next regular meeting will be held on April 1, 2003. City Clerk March 18, 2003 Page 7