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HomeMy WebLinkAbout1986-249 1 RESOLUTION NO. 86-249 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JACK MATZER, JR., COMPROMISING A 3 DISPUTE CONCERNING TERMINATION OF PUBLIC SERVICE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 8 9 10 11 12 13 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said City an Agreement with Jack Matzer, Jr., compromising a dispute concerning termination of public service, which agreement is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a 14 the lnrh day of 15 following vote, to wit: 16 rp. g111 t=l r meeting thereof, held on .111 n p. , 19'85, by the AYES: rn11nr.il Mpmhpr~ 'R ~ r r t=l ti t=l. R'p ill y, Q 11 i p. 1 , 17 18 19 20 21 22 Frt=l7.ipr, Srrir.klpr NAYS: rn11nr.il Mpmhpr Hprnt=lnnp7. ABSENT: ('nnnr.il Mpmhpr Mt=lrk~ ~n?A$ ./ Ci ty Clerk The foregoing resolution is hereby approved this /'7.(..;(. day ;.,r 23 of .1nnp. , 1985. /.' I / , !--- 24 25 26 Approved as to form: ,~/",/) 1 ')' '. ' /) /7 ~~~~,I}:</J;t1I;" I r/.~~f~ n-' _..;:/ v/ t'X--/---r: ,/ ~~c: 28 City Attorney 27 1 A G R E E MEN T 2 (retirement-service credit) 3 THIS AGREEMENT is made and entered into at San Bernardino, 4 California, this i/(~t:~ day of June, 1986, compromising a dispute 5 concerning termination of public service between the CITY OF SAN 6 BERNARDINO, a municipal corporation, hereinafter called "City", 7 and JACK MATZER, JR., hereinafter called "Employee". 8 WIT N E SSE T H: 9 WHEREAS, the Mayor and Common Council of City are willing to 10 permit Employee to retire from the service of the City with an 11 additional two years of service credit under the Public Employees 12 Retirement System and receive the same medical plan benefit as is 13 afforded to other retired employees; and 14 WHEREAS, such retirement and health plan proposal has been 15 presented to Employee through his attorney; and 16 WHEREAS, Employee accepts the retiremen~ and health plan 17 proposal and is willing to cooperate in the transition of 18 authority to a new City Administrator of City, 19 NOW, THEREFORE, the parties hereto agree as follows: 20 1. Effective June 10, 1986, Employee is granted and accepts 21 a leave of absence with pay until September 16, 1986, provided 22 this agreement is formally approved and executed by the parties no 23 later than June 16, 1986. Upon execution of this agreement, 24 Employee may use or be compensated for his vacation time and sick 25 leave allowance and shall be granted and, if necessary after the 26 leave of absence with pay ends, shall take a leave of absence 27 without pay until notified that additional service credit is 28 available pursuant to Section 3 of this agreement. EXH IBII 1 2. The Mayor and Common Council of City shall contract with 2 the Public Employees Retirement System (hereinafter PERS) pursuant 3 to Government Code Section 20818 to provide additional service 4 credit for a period not to exceed two years for Employee; City 5 shall pay for such service credit. 6 3. When notified by City that such additional service credit 7 is available, Employee shall forthwith apply for retirement under 8 PERS or shall immediately resign from employment with the City. 9 4. Upon retirement from the service of City under PERS, 10 Employee shall be afforded the same benefits under the medical 11 plan as is provided for other retired employees of City. Employee 12 shall pay the same rate for such health plan as is paid by other 13 retired employees of City. 14 5. Employee accepts the above provisions as full 15 satisfaction, settlement and compromise of each and every claim 16 Employee has or may have had against City anQ, its officers, 17 employees or agents for wages, salary, compensation, fringe 18 benefits or other benefits of employment, or for any claim, 19 slander, libel, discrimination, or stigmatization for future 20 employment opportunities or any other claim or damages Employee 21 has or may have had against the City, or any of its officers, 22 employees or agents. 23 6. The Employee has read and understands the following 24 statutory language of Section 1542 of the Civil Code: "A general 25 release does not extend to claims which the creditor does not know 26 or suspect to exist in his favor at the time of executing the 27 release, which if known by him must have materially affected his 28 settlement with the debtor." -2- I 1 Having been so apprised, Employee nevertheless hereby elects 2 to, and does assume all risks for claims heretofore or hereafter 3 arising, known or unknown, arising from the subject of this 4 release in favor of the undersigned City, its officers and 5 employees, and hereby knowingly and voluntarily expressly releases 6 said City, and its officers, employees and agents, from all 7 liability for claims arising out of such matters. 8 7. This agreement shall bind the heirs, executors, 9 administrators, and assigns of the parties hereto. 10 IN WITNESS WHEREOF, the parties hereto have executed this 11 agreement on the day and year first above written. 12 13 14 didt7/?/l1 k~i G1ty Clerk 15 CITY 9F7SAN BERNARDINO V~~ /J C:d / f " ~ r/l ~ '1 By (/;;?l~~,{#~",-Ir/' ILU~ / Mayor ATTEST: 16 (' II, C/"~YI :::'~~R/JR' JR. 17 Approved as to form: :: ~4f2~ City Attorney 20 21 22 23 24 25 26 27 28 -3-