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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 f , f MY AYLOR AYOR ! ' estto: --4,0., 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: - 1 - 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. - 2 - 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 - 3 -