HomeMy Public PortalAbout12-8332 Agreement with Arbitration Proceeding with the PBA/Robert Bell Sponsored by: City Manager
RESOLUTION NO. 12-8332
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, TO APPROVE THE
ATTACHED SETTLEMENT AGREEMENT OF THE
ARBITRATION PROCEEDING WITH THE PBA/ROBERT
BELL, PAYABLE FROM ACCOUNT NUMBER 28-514390;
PROVIDING INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,Robert Bell was an employee with the City of Opa-locka Police Department,
who was terminated, and then filed an arbitration request through the PBA; and
WHEREAS, to avoid unnecessary expense and the uncertainty of litigation, the City
desires to settle any and all alleged claims by the PBA/Robert Bell, and to reinstate his
employment; and
WHEREAS, the City Commission of the City of Opa-locka desires to approve the
settlement agreement as attached hereto.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka, approves the settlement of
the arbitration proceeding between the PBA/Robert Bell and the City of Opa-locka, payable from
Account Number 28-514390, on the terms set forth in the attached Exhibit "A".
Section 3. This resolution shall take effect immediately upon adoption.
Resolution No. 12-8332
PASSED AND ADOPTED THIS 8th day of February, 2012
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MY AYLOR
AYOR
! ' estto:
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J.inna Flores
Interim City Clerk
Approved as to form and legal suf is y:
1 ite 11
1111 Ai c 11 .4
Joy Ie
y Attorney
Moved by: VICE MAYOR JO i SON
Seconded by: COMMISSIONER MILLER
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
SETTLEMENT AGREEMENT BETWEEN THE CITY OF OPA LOCKA AND POLICE
OFFICER ROBERT BELL
This SETTLEMENT AGREEMENT ("AGREEMENT") is entered into this day of
, 2012 between Police Officer ROBERT BELL ("BELL") and the CITY OF
OPA LOCKA("CITY"),jointly referred to as the("PARTIES").
WHEREAS, on July 12, 2011, BELL received a Disciplinary Action Report ("DAR"),
generally alleging that he failed to fully document an incident that occurred on January 30, 2011 in
accordance with Police Department policy;
WHEREAS, on September 3, 2012, BELL received a letter notifying him that his
employment with the CITY as a police officer was terminated effective the day prior, September 2,
2011.
WHEREAS, BELL filed a grievance pursuant to the Collective Bargaining Agreement
("CBA") between the Dade County Police Benevolent Association ("PBA") and CITY, alleging
that his termination was in violation of the terms of the CBA;
WHEREAS, the grievance remained unresolved through the first three steps of the
grievance procedure, and on October 24, 2011, the PBA requested that the grievance proceed to
arbitration and an arbitration hearing was scheduled for February 1, 2012;
WHEREAS,the PARTIES are desirous of settling this grievance and avoiding further legal
proceedings.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
PARTIES intending to be legally bound do hereby stipulate and agree as follows:
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1. The CITY will rescind the termination and reinstate BELL to the position of police officer
effective February 1,2012.
2. All Police Department and CITY files will be changed to reflect that the termination was
rescinded and the final action for the afore-referenced DAR will reflect a three-day
suspension without pay.
3. The CITY will compensate BELL for half of his lost wages for the time period from
September 2,2011 through February 1, 2012.
4. The CITY will contribute the employer's contribution to the Florida Retirement System for
half of the time period from September 2, 2011 through February 1, 2012, provided that
BELL contributes the employee's contribution for half of the same time period.
5. The CITY agrees it will restore half of the annual and sick leave to the respective leave
banks that BELL would have earned during the period of September 2, 2011 through
February 1, 2012.
6. The CITY agrees that BELL will not lose any previously accrued seniority as a result of the
disciplinary action taken in this matter. There shall be considered no break in service and
his seniority date will remain unchanged.
7. No statement contained herein shall be construed as an admission by BELL to the alleged
violation of Police Department policy contained in the afore-referenced DAR.
8. In consideration of the above agreement, BELL agrees to release and forego any and all
rights to back pay, damages, costs, loss of services, attorney's fees, expenses and
compensation of any nature whatsoever, arising out of this matter. BELL retains the right
to challenge violations of the terms of this AGREEMENT.
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9. The PARTIES agree to split the arbitrator's fee for the February 1, 2012 scheduled
hearing.
10. The PARTIES agree that this AGREEMENT constitutes their entire and final understanding
with respect to the subject matter of this AGREEMENT.
11. This AGREEMENT is subject to City Commission approval, failing which parties may
return to arbitration.
12. The PARTIES have read this AGREEMENT and fully understand it.
Signed this of , 2012.
Robert Bell, Police Officer Bryan K. Fi •ie, City Manager
City of Opa Locka City of Opa Is cka
Brendan Coyle, Esq. Jo 4' 7 ?eller, Esq.
PBA Staff Counsel ' i y Att rney
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