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HomeMy WebLinkAbout2003-105 CCRMember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2003-105 RESOLUTION APPROVING AGREEMENT ON EMPLOYMENT MATTER WHEREAS, the City and William Ross wish to enter into a written agreement outlining the terms and conditions for Mr. Ross' separation from the City's employ; and WHEREAS, attached hereto and incorporated here and by reference is Exhibit A as a proposed agreement between the City and Mr. Ross setting forth the terms and conditions for the termination of the employment relationship between the City and Mr. Ross; and WHEREAS, those terms and conditions are reasonable and proper. 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager be and hereby is authorized to execute the agreement as set forth in Exhibit A and to implement the employee resignation release agreement. July 14, 2003 Date Mayo/ ATTEST: . City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Bob Peppe and upon vote being taken thereon, the following voted in favor thereof. Myrna Kragness, Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2003-105 Exhibit A SEPARATION AGREEMENT t BETWEEN CITY OF BROOKLYN CENTER, MINNESOTA AND THIS AGREEMENT, made and entered into this day of , 2003, by and between the CITY OF BROOKLYN CENTER, a Minnesota municipal corporation (hereinafter the "City"), and William Ross, an individual (hereinafter "Employee"). WITNESSETH: NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements as set forth herein the sufficiency of which is hereby acknowledged by both parries, the City and the Employee agree as follows: 1. RESIGNATION. The Employee hereby resigns from his employment with the City of Brooklyn Center effective June 19, 2003. 2. RELEASE. In consideration of the Employee giving the City the attached Release, Employee shall be paid an amount equal to 162 calendar days which equals 115 working days of pay which starts June 6 through November 15, 2003, less customary payroll deductions. Payment shall be made after the rights of rescission have expired. 3. INSURANCE. The City shall continue in full force and effect and pay June through November 2003, all employer benefit contributions on behalf of Employee. 4. RESTRAINT. The termination of an employment relationship can be difficult for both parties. Both parties agree to end this relationship in a mutually respectful manner. 5. RESCISSION. This Agreement shall be void if Employee rescinds the Release within the time limit set forth in the Release. IN WITNESS WHEREOF, the City and the Employee have approved and executed this Agreement on the day and year first above written. CITY OF BROOKLYN CENTER, MN EMPLOYEE: BY: City Manager Employee RESOLUTION NO. 2003-105 Exhibit A EMPLOYEE RESIGNATION RELEASE AGREEMENT Resi--nation. I, WWiam Ross (hereinafter "Employee") hereby acknowledges and confirms his resignation as an employee of City of Brooklyn Center effective June 11 , 2003. Employee will provide the City with a letter of resignation on the date he signs this Release Agreement. Release of Claims. I, William Ross agree to accept (jp days of leave with pay, offered by the City of Brooklyn Center as extraordinary compensation to be paid upon the final execution of this Release Agreement. In return for this valuable consideration given by the City, the receipt and sufficiency of which is expressly acknowledged, Employee hereby releases the City and all of its officers, directors, agents, employees, elected officials, appointed officials, successors and assigns from any and all liabilities, claims, causes of action, debts, damages or obligations that Employee, or his heirs and assigns, have or may have in the future which arise from Employee's employment with the City, including, but not limited to, claims arising under the Minnesota Veterans Preference Act, claims under federal, state and local laws prohibiting employment discrimination such as the Age Discrimination in Employment Act, Title VII of the Civil Rights Act, the Americans with Disabilities Act and the Minnesota Human Rights Act. Acknowledement of Readinsz and Understandine. Employee acknowledges that he has read this Release Agreement carefully and fully understands all its provisions; that he has voluntarily entered into this Release Agreement; and that he intends to abide by all its terms. Employee acknowledges having been advised to consult with an attorney prior to entering into this Release Agreement. Employee further acknowledges that no other promises or agreements of any kind have been made to or with Employee to cause him to sign this Release Agreement, and that he is competent to execute this Release Agreement. RESOLUTION NO. 2003-105 Exhibit A Notice of Rights of Rescission. Employee acknowledges having been advised that he may have twenty-one (21) calendar days from the date he. receives this Release Agreement to consider it. Employee understands that he may rescind this Release Agreement within seven (7) calendar days of the date of execution of the Release Agreement to reinstate claims under the Age Discrimination in Employment Act and within fifteen (15) calendar days of the date of execution of this Release Agreement to reinstate claims under the Minnesota Human Rights Act. Employee understands that if he rescinds that he shall forfeit the compensation outlined above. If Employee chooses to rescind, he agrees to do so according to the following procedures: 1. Employee will notify the City in writing and deliver or mail the Notice of Rescission to the Michael J. McCauley, City Manager for the City of Brooklyn .Center; 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430; 2. If Employee sends the notice by mail, he understands that it must be: a. Postmarked within the 15-day period; b. Properly addressed to the Michael J. McCauley, City Manager for the City of Brooklyn Center; 6301 Shingle Creek Parkway, Brooklyn Center, NIN 55430; c. Sent by certified mail/return receipt requested. Dated: ~ ^ l F , 2003 William Ross STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) On this jy day of 7(,f-,n o 2003, before me personally appeared to me personally known, and known to be the person individually who executed the above instrument and who acknowledged to me that act of signing and sealing thereof. Notary Public MARIA L. ROSENBAUM NOTARY PUBLIC-MINNESOTA My Commission Expires Jin. 31, 20Q5 s JaAf 6L 1 1 E~a.ibit A sOL ZEN N~• 2003-105 ~~sr6~lj t 1