HomeMy Public PortalAbout09-7470 Natalie Buissereth Settlement Sponsored by: City Manager
RESOLUTION NO. 09-7470
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO SETTLE THE PENDING LAWSUIT
BROUGHT BY NATALIE BUISSERETH IN EXCHANGE
FOR A RELEASE AGREEMENT
WHEREAS, Natalie Buissereth ("Buissereth") was an employee of the City of Opa-
locka ("City"); and
WHEREAS, Buissereth filed a charge of discrimination against City with the EEOC
and a subsequent lawsuit on March 16, 2009 (Case No. 09-CV-20662-Gold-McAliley); and
WHEREAS,the Parties have agreed to resolve the claims alleged on a non-admission
on wrongdoing or liability basis; and
WHERAS, in addition, the Parties have agreed to settle any and all claims of any kind
arising out of Buissereth's employment with the City regarding said claim to avoid all further
litigation; and
WHEREAS, the parties desire to set forth herein their understandings and agreements in
Exhibit"A" hereto attached.
WHEREAS, the City Commission of the City of Opa-locka("City Commission") desires
to authorize the City Manager to pay the negotiated settlement amounts and enter into a
Settlement Agreement with Buissereth for full and final settlement of any and all claims arising
out of the pending litigation action and in a form attached hereto as Exhibit"A."
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble are hereby incorporated by reference.
Resolution No. 0 9—7 4 7 0
Section 2. The City Commission of the City of Opa-locka hereby authorizes the City
Manager to settle the pending lawsuit brought against the City of Opa-Locka by Natalie
Buissereth and further authorizes the Release and Settlement Agreement consistent with the
amounts attached hereto as Exhibit"A."
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 27 day of MAY , 2009.
"H LLEY
A O'
Attest: Approved as to fora spdegal suf ciency:
D- .orah :. Irby Burnadette Norris-Weeks
City Cle City Attorney
Moved by: JOHNSON
Seconded by: HOLMES
Commission Vote: 5-0
Commissioner Tydus: YES
Commissioner Holmes: YES
Commissioner Johnson: YES
Vice-Mayor Taylor: YES
Mayor Kelley: YES
SETTLEMENT AGREEMENT AND RELEASE
THIS SETTLEMENT AGREEMENT AND RELEASE ("Agreement") is
made and entered into as of the day of May, 2009, by and between Natalie
Buissereth , ("Buissereth"), and the City of Opa-Locka, ("City"). (Buissereth and City
may be collectively referred to as the "Parties"). Based upon the Parties' mutual
obligations and commitments as agreed, to settle all potential claims asserted or that
could have been asserted by Buissereth, which arose prior to the execution of this
Agreement, and which would include all federal and state law claims, as set out below,
and to release any and all further claims that may exist through the date of this
Agreement, except for those related to Buissereth's rights to pension or retirement
benefits and to use accrued or accumulated leave time, if applicable.
It is expressly understood and agreed that this Agreement shall not be construed
as, or be deemed to be, evidence of an admission or concession of any wrongdoing, fault,
liability or damage whatsoever on the part of any of the Parties hereto. The Parties
specifically acknowledge that by entering into this Agreement, they admit no wrongdoing
and no liability of any kind to the other. The Parties acknowledge that this settlement is
being entered into to avoid the cost and expense of potential litigation.
RECITALS:
A. Buissereth was an employee of City;
B. Buissereth filed a charge of discrimination against City with the EEOC
(Charge No.: 510-2008-02480) dated and March 11, 2008, and a lawsuit March 16, 2009
(Case No. 09-CV-20662-Gold-McAliley);
C. Buissereth's claims contained within her charge o f discrimination and
lawsuit have been denied by the Released Parties (as defined in paragraph 5);
D. The Parties have agreed to resolve the claims alleged in the charge and
filed in the lawsuit on a non-admission of wrongdoing or liability ;
E. In addition, the Parties have agreed to settle any and all claims of any kind
arising out of Buissereth's employment with the City in order to avoid all further
litigation among the Parties, except for those related to Buissereth's rights to pension or
retirement benefits and to use accrued or accumulated leave time, if applicable.; and
F. The Parties hereto desire to set forth herein their understandings and
agreements in connection therewith.
NOW THEREFORE, for and in consideration of the payments made by City to
Buissereth and her attorneys of the amounts referenced below, the acknowledgments,
mutual promises and covenants contained herein by the Parties, and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Parties hereto agree as follows:
1. Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
2. Consideration and Payment.
City agrees to pay, and Buissereth agrees to accept, a settlement in the total gross
amount of Forty Thousand Dollars ($40,000.00) in full and final settlement of her
claims, as well as any claims she might have, (the "Settlement Sum"), including
attorneys' fees and costs to be paid as follows:
a. $24,000 as wages less standard tax withholdings for a total of
15,677.56 to be paid to Buissereth in settlement of her grievance
and any potential claims, except for attorneys' fees and costs.
b. $16,000.00 to be paid to counsel for Buissereth, Amlong & Amlong,
P.A., (FEIN 59-2333961), in full and final settlement of Buissereth's claims for
attorneys' fees and costs. City will issue a Form 1099 for this payment, and
Amlong & Amlong, P.A. shall be responsible for any and all tax consequences
arising from this payment.
3. Time of Payment of Settlement Sum/Additional Consideration. City shall
forward the Settlement Sum in the manner and form described in paragraphs 2 (a) and 2
(b) to Buissereth, in care of her attorney, no later than June 1_, 2009, provided that
Buissereth has executed this Agreement by that time.
4. Allocation. Buissereth acknowledges that the monies paid hereunder by
City to her and to her legal counsel are in full and complete settlement of her disputed
claims against City and that payment of the Settlement Sum, along with the covenants
and promises contained in this Agreement, is considered to be the compromise by and
between the Parties to completely settle all claims as set out herein, whether or not
asserted by Buissereth in the charge(s) of discrimination or otherwise, and that Buissereth
is not otherwise entitled to said monies.
5. Release and Settlement by Buissereth. In exchange for the good and
valuable consideration extended hereunder, Buissereth, on her own behalf and on behalf
of her heirs, executors, administrators, legal representatives, or others acting on her
behalf, hereby knowingly, willingly, and voluntarily settles, waives, releases and forever
discharges City and its commissioners, directors, officers, employees, agents, managers,
attorneys (collectively referred to as "Released Parties"), from any and all rights, claims,
debts, demands, actions, causes of action, suits, costs, damages (including back pay,
bonus payments, benefits, wages, front pay, liquidated damages, compensatory damages,
punitive damages, attorney's fees and litigation costs and interest available), expenses,
8. Waiver of Future Claims. To the extent permitted by law, Buissereth
waives the right to receive any further compensation or damages other than set forth
herein if she institutes a claim, charge, action or legal proceeding against Released
Parties, or if an agency or entity sues or brings any action against Released Parties, on her
behalf for claims through the date of this Agreement. Nothing contained in this
Agreement shall prevent either party from filing a lawsuit for the purpose of enforcing its
rights under this Agreement.
9. No Pending Claims. Buissereth represents that she has no suits, claims,
charges, complaints or demands of any kind whatsoever currently pending against City or
any of the Released Parties with any local, state, or federal court or any governmental,
administrative, investigative, civil rights or other agency or board. Buissereth further
agrees that she will not initiate or institute any suit, claim, charge, action or legal
proceeding regarding any claims released in this Agreement against any of the Released
Parties. The parties acknowledge that Buissereth has already been identified as a witness
in pending action filed by Nikeya Hill, and that Hill and Buissereth are represented by the
same attorney. Buissereth agrees not to voluntarily seek to participate as a witness in any
lawsuit or legal proceeding against the City, unless she is served with a subpoena.
However, while Buissereth is under no duty to voluntarily cooperate in the actions filed
by Nlkeya Hill, it will not be violation of this agreement for Buissereth to do so if
requested by her attorneys, provided that Buissereth advises the attorneys that she is
required to give immediate notice to the City of such participation and the attorneys agree
to give such notice.
10. No Admission of Liability. It is expressly understood and agreed that this
Agreement shall not be construed as, or be deemed to be, evidence of an admission or
concession of any fault or liability or damage whatsoever on the part of any of the parties
hereto. Buissereth specifically acknowledges that, in entering into this Agreement and
paying the consideration for this Agreement, Released Parties do not admit, and expressly
deny, liability of any kind to Buissereth. The City specifically acknowledges that, in
entering into this Agreement and releasing the City, Buissereth does not admit, and
expressly deny, the validity of any defenses asserted by the City. The Parties
acknowledge that the settlement is being entered into to avoid the cost and expense of
future litigation.
11. Governing Law; Enforcement of Agreement; Attorneys' Fees and Costs.
This Agreement shall be governed by and enforced in accordance with the laws of the
State of Florida and any applicable federal law. The Florida courts shall have exclusive
jurisdiction over the enforcement of this Agreement. Venue shall lie exclusively in the
federal and state courts in Dade County, Florida. In the event an action is instituted for
breach of this Agreement, each party shall bear its own attorneys' fees and costs,
including attorneys' fees and costs on appeal.
12. Binding Effect. All of the terms, covenants, warranties and
representations contained herein shall be binding upon the Parties, and their respective
heirs, and successors, to the full extent permitted by law.
13. Construction. This Agreement shall not be construed more strongly
against any party regardless of who is responsible for its preparation. The Parties
acknowledge that each contributed and is equally responsible for the preparation of this
Agreement.
14. Complete Agreement, Modification. This Agreement constitutes the
entire agreement between the Parties and supersedes all prior agreements, oral or
otherwise, with respect to the subject matter hereof. Neither this Agreement nor any term
hereof may be changed, waived, discharged or terminated orally, except by an instrument
in writing signed by all parties to this Agreement.
15. Headings, Gender and Singular. The headings in this Agreement are for
purposes of reference only and shall not limit or otherwise affect the meaning hereof.
Unless the context otherwise requires, references in this Agreement to any gender shall
be construed to include all other genders, references in the singular shall be construed to
include the plural, and references in the plural shall be construed to include the singular.
16. Opportunity to Consider and Confer. Buissereth expressly warrants and
represents: that before executing this Agreement, she has fully informed herself of the
terms, contents, conditions and effects thereof; that in making the settlement represented
by this Agreement, she has had the benefit of the advice of counsel of her own choosing;
that no promise or representation of any kind has been made to her, except as is expressly
stated in this Agreement; that she fully understands and is in complete agreement with all
the terms of this Agreement; and, that she is entering into this Agreement of her own free
will. Buissereth further expressly warrants and represents that she has relied solely and
completely on her own judgment and the advice of her counsel in making the settlement
represented by this Agreement and she agrees that she has not relied on any
representation or statement not set forth in this Agreement.
17. Severability. If any clause or provision in this Agreement is found to be
void, invalid, or unenforceable, it shall be severed from the remaining provisions and
clauses that shall remain in full force and effect.
18. Signing of Agreement. The undersigned agrees that she has read this
document consisting of five (5) pages prior to signing, which reading and signing took
place in the presence of the undersigned witnesses.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the date first written above with the intent to be legally bound hereby.
NATALIE BUISSERETH
Witness By:
Natalie Buissereth
Witness
Dated:
CITY OF OPA-LOCKA
By:
Title:
Dated:
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