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ACTION AGENDA
Board of Trustees of the Employees' Pension Fund
1112198
1: Call to Order - 9:49 a.m.' j
2. Appro,4 of Minutes: 10/12/98 - Approved as submitted.:
3. , ? bequest for acceptance "into membership: Christine Vazquez, Thomas Wilcox, Rebecca Shore;
Diane Walsh, James, Geary, Marco Ortega, Bernadette Weiers, & Dennis Ryder - Approved.
.4. .' Regular Pension to be granted: Jeffrey' Harper -Continued.,
„
5. Approve settlement agreement and release Lois Maroon v. City - Approved.
'6. Other Business - None.
f 7. Adjourn . 9:52 a.m.
3
.Meeting Date:? o Approved by Trustees
CITY OF CLEARWATER
EMPLOYEES` PENSION PLAN
PENSION ADVISORY COMMITTEE
TO: Pension Trustees
FROM: Pension Advisory Committee,
SUBJECT:, Recommendation for Acceptance into Pension Plan
DATE: October 8, 1998 .
As Trustees of the City of Clearwater Employees` Pension Fund, you are hereby
notified. that the employee(s) listed below have been duly examined by a local
physician and each has been designated as a "first class risk". The employment of
these individuals brie-gs the number of FTE`s as of this date to 1663.8 -out of
1735.5 budgeted positions (including the City Commission).
These employees are eligible for pension membership as noted in the Pension
Eligibility Date column below, and it is the recommendation of the Pension
Advisory Committee that they be accepted into membership.
Pension Elig.
Name,Job. Class. & Dept./Div. Hire-Date Date
Christine Vazquez, Accounting Clerk/Gen. Ser. 7120198 7/20/98
Thomas Wilcox, Maint. Worker I/Solid Waste 8131198 8/31/98
Rebecca Shore, Accounting Clerk/Planning & Dev. 8131198 8/31/98
Diane Walsh, Planner/Planning & Dev. Services 8131198 8131198
James Geary, Pub. Info. Spec./Customer Service 9114198 9114198
Marco Ortega, Equip. Oper. Il/Parks & Recreation 9114/98 9114/98
Bernadette Weiers, Library Assistant/Library 9/14198 9/14198
Dennis Ryder, Gas Technician I/Gas A121198 / 9/21/98
Pension Advisory Comm?e Chair
r
` Trustees of the
Employees' Pension Plan 066WAgenda item a
Agenda Cover Memorandum Meeting Date: _111212a
SUBJECTIRECOMMEN DATION:
Jeffrey Harper, Information Management Department, be granted regular pension under Section(s)
2.393 and 2.397 of the Employees' Pension Plan as approved by the Pension Advisory Committee.
and that the appropriate officials be_authorized _to execute same. SUMMARY:
Jeffrey Harper, Information Management Director, Information Management Department, was employed
by the City on October 27, 1969, and his pbnsion service credit is effective that date. His pension will
be effective on October 1, 1998.
Based on an average salary of approximately $74,604 per year over the past five years; the formula for
computing regular pensions, and Mr. Harper's selection of the 1110016 Joint and Survivor Annuity, this
pension will approximate $59,349 annually.
This pension was approved by the Pension- Advisory Committee on October 8, 1998. Section 2.393 (p)
provides for normal retirement eligibility when a participant has reached age 55 and completed twenty
years of credited service or has completed 30 years of credited service. Mr. Harper qualifies under the
j age 55 and 20 years of service criteria.
Reviewed by:
Legal
Budget
Purchasing
Ride Mgmt.
Is
ACM
Other
Originating Department:
NA HUMAN RESOURCES
NA
NA User Department:
NA v
NA
Submitted by:
City Manager
Advertised:
Date:
Paper:
? Not Required
Affected Parties:
? Notified
? Not Required
Costs: Commission Action:
6 ? Approved
Total ? Approved w/Conditions
? Denied
Current Flueal Year ? Continued to:
Funding Source:
? capital bnprovurnent:
? operatGFp:
? Attachments:
Other: Pension
, Appropriation Code
646.07410-514100-585.000
? None
0 Printed on recycled paper
?T_ ... .. .... .. ..`!._,. ........,.a..-,.•'.:?Y?-,,y.., `D'IY' e,j,4 ,,- ;!(.4' ,?- .. - !
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LL
O
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ONE CITY. ONE FUTURE.
City Attorney's Office
Memorandum'
TO: ; Board of Trustees of Employees' Pension Fund
FRO Pamela K. Akin, City Attorney
RE: Authorization for Settlement , Lois- Maroon v. City
• , a and Pension Fund Trustees - Circuit Civil Case No. 97-4959-CI-15
DATE : October 22, .1998
I am requesting approval of the attached settlement agreement and release in.the
Lois Maroon v, City employee pension case.
PKA:jmp r
Enclosure
Copy to:
Michael J. Roberto, City Manager
.
i902MM AGURNm Am 4F RU M
This Settlement Agreement and General Release ("Agreement") is
entered into between City of Clearwater ("Employer" or "City"),.
Rita Garvey, Commissioner Edward Hooper, Commissioner Karen Seel.,
Commissioner J.B. Johnson, and Commissioner Robert Clark, as the
City of Clearwater, Employees' Pension Funds (collectively
"Defendants") and Lois Maroon ("Employee"), In consideration.for
the mutual promises set forth' below, Defendants and Employee agree
as follows:
1. . Employee is employed full time by the City and a
participant in the City of Clearwater's Employee's Pension Fund.
Because of her resignation of employment from the City on January
4, 1985 and her subsequent withdraw of her resignation on July 15,
1985, she has been treated as having a break in her service for
pension purposes.
2. The parties to this Agreement wish to fully and
finally resolve all disputes between themselves including, but not
limited to, those differences arising out of the Employee's rights,
participation and benefits under the City, of Clearwater Employees'
Pension Fund ("Pension Fund").
3. City and Defendants agree that at City and
Defendants' sole expense, Employee shall immediately be given full
and complete credit for participation in the Pension Plan from her
original date of hire with the City, to-wit September 27, 1978
through the current date, making no adjustment whatsoever for any
break in service, age or for any other reason.
4. In consideration for the amounts paid in paragraph
three (3) above (pension credit), on behalf of herself, her heirs,
executors, administrators, and assigns, Employee, to the fullest
extent permitted by law, forever releases and discharges City and
Defendants and all of their affiliated or related entities, their
successors, assigns, officers, directors, agents, elected
officials, Pension Plan Administrators and fiduciaries, and
employees of City from all claims, known or unknown, of any kind
which Employee may have relating to City or Defendants and the
other released parties referred to above. This release includes,
but is not limited to, all liabilities for the payment of earnings,
bonuses, severance pay, salary,, accruals under any vacation, sick
leave, or holiday plans, any employee benefits, any charge, claim
or lawsuit under any federal, state, or local law, including but
not limited to, claims under Title VII of the Civil Rights Act of
1964, 42 U.S.C. §2000(e) et sea., the Civil. Rights Act of 1991, the
Civil Rights Act of 1866, the Age Discrimination in Employment Act,
as amended by the Older Workers' Benefit Protection Act, 29 U.S.C.
§621 et secy., the Americans with Disabilities Act, 42 U, S . C. §12101
At se-Q., the Fair Labor Standards Act, 29 U.S.C. §201 .t s?eg=, the
-` 1
ff,
i?
Family and Medical Leave Act of 1993, 29 U.S.C. §2601 kt Mg., the
Employee Retirement income Security Act, 29 U.S.C.. §1001 9, lea,,
the Florida Civil Rights Act, glg.y g tat. 5760 g sect.., the Florida
Private and Public Whistleblower Act, and any tort, contract, and
quasi-contract or other common law claims.
5. Employee represents that she has not tiled any
additional charges, including charges against the City or
Defendants with the Equal Employment Opportunity Commission
("EEOC"), the Florida Commission on Human Relations ("FCHR"), the
Federal, or Florida Department of Labor, suits, claims or complaints
against City or Defendants or the other released parties referred
to above, and Employee agrees, to the fullest extent permitted by
law, that she will not do so at any time in the future with respect
to any claim which arose prior to the date of this Agreement. This
release forever bars all action, claims and suits which arose prior
to the date of this Agreement. This release forever bars all
actions, claims and suits which arose or might arise in the future
from any occurrences arising prior to the date of this Agreement
and authorizes any court or administrative agency to dismiss any
claim filed by the Employee with prejudice. if any administrative
agency files any charge, claim or suit on Employee's behalf,
Employee agrees to waive all right to recovery.
6. Upon proof satisfactory to Employee and Employee's
attorney that Employee has been-given full and complete credit for
her participation in the plan from her date of hire, Employee and
Employee's attorney agree to dismiss the Complaint styled Lois
and Commissioner Robert Clark, as the City Q Clearwater IIaloyees'
Pension Funds filed in the Circuit. Court for Pinellas County, Case
No. 97-4969-CI-15, and all other complaints that Employee has filed
against City or Defendants with prejudice pursuant to the Florida
Rules of Civil Procedure, and that each party will bear their own
costs, expenses and attorney's fees and will not seek further
reimbursement.
7. In consideration of Employee dismissing with
prejudice the above mentioned lawsuit, City and Defendants agree to
release Employee, her hears, executors, administrators, and assigns
from any and all claims with regard to this matter either now known
or unknown.
8. This Agreement shall not in any way be construed as
an admission by City and Defendants that it has acted wrongfully
with respect to Employee or that Employee has any rights whatsoever
against City or Defendants or the other released parties.
2
9. Employee acknowledges the following:
a. employee does not release or waive any right or
claim which she may have which arises after the date of
.this Agreement.
b. In exchange for this general release, Employee
acknowledges that she has received separate consideration
beyond that which Employee is otherwise entitled to under
Employer policy or applicable law.
C. She is releasing, among other rights, all
claims and rights under the Age Discrimination in Employment
Act ( "ADEAU). and the alder Workers' Benefit Protection Act
("OWBPA") .
M .,
3
d. She possess sufficient education and experience
to? fully understand the terms of this Agreement as it had been
written, the legal and binding effect of the Agreement, and
the exchange of benefits and promises herein.
e. She understands and agrees that City's and
Defendants' obligations to perform under this Agreement is
conditioned upon the Employee's performance of all agreements,
releases and covenants to the City and Defendants.
f. She has twenty-one (21) days to consider this
Agreement.
g. She has seven (7) days to revoke this Agreement
after acceptance. However, no consideration will be paid
(i.e. pension credit) until after the revocation of the
acceptance period has expired.
g. She has read this Agreement fully and
completely and she understands its significance.
h. She enters into this Agreement knowingly and
voluntarily and on her own free will and choice.
i. She has been encouraged and given significant
opportunity to consult with an attorney of her choice.
10. City, Defendants and Employee agree that in the
event it becomes necessary to enforce any provision of this
Agreement, the prevailing party to such action shall be entitled to
all their costs and attorneys' fees, including appeals.
11. This Agreement shall be binding upon Employee and
upon Employee's heirs, administrators, representatives, executors,
successors and assigns, and shall inure to the benefit of City and
Defendants.
I
M
i
?ida t
12. Employee represents that no inducements, statements
or representations, have been made that are not set out in this
Agreement and that Employee does not rely.on any inducements,
statements or representations not set forth herein.
13. Employee acknowledges that' any and all prior
understandings and agreements between the,.parties to this Agreement
with respect to the subject matter of this Agreement are merged
into this Agreement, which fully and completely expresses the
entire Agreement and understanding of the parties to this Agreement
with respect to the subject' matter hereof. This Agreement may not
be orally amended, modified or changed and may be amended, modified
or changed only by written instrument or instruments executed by
duly authorized officers or other representatives of the parties to
this'Agreement.
.14. This Agreement is made and entered into in the State
of Florida, and shall in all respects be interpreted, enforced and
governed, under the laws of the said state. The language of all
parts of this Agreement shall in all cases be construed as a whole,
according to its fair meaning, and not strictly for or against any
of the parties to this Agreement.
15. Should any provision of this Agreement be declared
or be 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
provision shall be deemed not to be a part of this Agreement.
PLEASE READ CAREFULLY. THIS AGREEMENT' INCLUDES A
RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS.
Employee Employee's Attorney
Date Date
Approved by the.City Commission of the City of Clearwater,
Florida on this day of , , 1998.
Rita Garvey, Mayor-Commissioner
City of Clearwater, Florida
BY:
City Manager
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Board 'of Trustees of City of , '
. .
' ' Clearwater Fmp?.oyees' Pension
'
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BY;
Date :,
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