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HomeMy Public PortalAbout13-8547 Settlement and Retirement Agreement with Cheryl Cason Sponsored by: City Manager RESOLUTION NO. 13-8547 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO APPROVE THE SETTLEMENT AND RETIREMENT AGREEMENT WITH POLICE CHIEF CHERYL CASON, PAYABLE FROM ACCOUNT NUMBERS 28-514390, 26-521110, 26-521230, AND 36-521312; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Cheryl Cason, an employee of the Opa-locka Police Department, initiated litigation against the City of Opa-locka, Case No. 11-35810 CA 11; and WHEREAS, Cheryl Cason, Police Chief, has determined that she wishes to retire from her position; and WHEREAS, the City of Opa-locka desires an amicable resolution to the matter, and find it in its best interest of the City to settle the matter, and to avoid unnecessary expense and the uncertainty of litigation; and WHEREAS, the City Commission of the City of Opa-locka desires to approve the settlement and retirement agreement between Cheryl Cason and the City of Opa-locka. 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 and retirement agreement with Cheryl Cason, payable from Account Numbers- 28-514390, 26-521110, 26-521230, and 36-521312, in substantially the form attached hereto as Exhibit "A", Resolution No. 13-8547 and determines that Cheryl Cason in entitled to receive the deferred compensation set forth in paragraph 7 (e) of the settlement and retirement agreement. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 25th day of February, 2013. 421-46---;RA LOR MAYOR Attest to: dianna Flores f ity Clerk Ap iI1IA eyed as to is rm .nd legal suff i i s y: I I� �r l� r J., i fr7S7 eller 'I EN 'OON MARDER PA C. y Att■rney Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER SANTIAGO Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: NOT PRESENT Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES SETTLEMENT AGREEMENT CHERYL CASON V. CITY OF OPA LOCKA This Settlement Agreement("Agreement")is made,effective this day of ,2013, between CHERYL CASON and CITY OF OPA LOCKA (hereinafter"CITY") WHEREAS, CHERYL CASON was employed by CITY as Chief of Police; WHEREAS,CHERYL CASON initiated litigation against the CITY pursuant to the Public Sector Whistle Blower Act also known as Florida Statute§ 112.3187 and other claims in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County,Florida(Case No.: 11-35810CA 11); WHEREAS,the Parties desire an amicable and full resolution of CHERYL CASON's claims with respect to this Complaint and all related matters and the Parties shall file a stipulation for dismissal with prejudice in case No; 11-35810CAl1; WHEREAS,CHERYL CASON agrees that this Agreement resolves and waives any and all potential or actual claims she may have against the CITY in any legal forum or otherwise with regard to her employment with the CITY stated above; however, said agreed upon waiver shall exclude those workers'compensation claims identified as OJCC #: 12-013959GCC. NOW THEREFORE, in consideration of the following covenants and promises contained herein , the undersigned Parties to this Agreement intend to be legally bound and agree as more specifically set forth below: TERMS 1. All of the above statements are true and correct to the best of the Parties' knowledge and beliefs. 2. CHERYL CASON will immediately provide the CITY with three(3)fully executed originals of this Agreement upon approval by the City Commission. 3. General Release. CHERYL CASON, being of lawful age, and for consideration received from or on behalf of the CITY, unconditionally and irrevocably agrees to release, acquit, satisfy and forever discharge the CITY, and all of the City of Opa Locka's attorneys, the General Counsel, and attorneys providing any representation, each and every one of the CITY's former and current officers, agents, attorneys, employees and officials (whether elected or appointed)in both their official capacities and as individuals and their successors and assigns, (hereinafter collectively referred to as the CITY), and the Florida League of Cities and the Florida Municipal Insurance Trust, as well as their agents, servants, representatives,officers, directors and employees,from any and all manners of actions and actions, cause and causes of action, grievances, unfair labor practice charges, claims of employment discrimination, claims of retaliation, any torn claim(s), and any and all anticipated or possible litigation,any claims under the Public Employees Relations Act,any claims under Title VII of the Civil Rights Act of 1964 as amended by the Civil Rights Act of 1991,any claims under Section 1981 through 1988 of Title 42 of the United States Code, any claims under the Americans with Disabilities Act Amendments Act, any claims under the Fair Labor Standards Act, any claims under Florida's Civil Rights Act of 1992, any claims under the Age Discrimination in Employment Act, any claims under the Equal Pay Act,any claims under the Family Medical Leave Act of 1995,any claims under any state or federal whistle blower statutes or provisions, any claims under any federal, state or local, civil or human rights law, any other claims under federal, state or local law, regulation or ordinances, any claims otherwise not referenced above regarding her employment with the CITY in this matter,whether based on common law or otherwise,and demands whatsoever, in law or in equity,which CHERYL CASON now has, or hereafter will, shall or may have against the CITY including but not limited to, any and all matters arising out of or even arguably involving employment with the CITY, in addition to those issues involving the negotiation and execution of this Agreement. The waiver and general release referenced in this paragraph does not release or waive CHERYL CASON's workers' compensation claims in the Florida Division of Administrative Hearings Office of the Judge of Compensation Claims, OJCC #12-013959GCC or any and all other workers compensation claims Cheryl Cason may have now or may have in the future.The Agreement shall in no way inhibit Cheryl Cason's ability to prosecute any claim she may have for injuries or illness which occurred in the course and scope of her employment or which would otherwise be deemed compensable injuries pursuant to Florida Statute 440. 4. Acknowledgment of Waiver. CHERYL CASON acknowledges that the waiver and general release provisions of paragraph 3 also bar any claim or demand for costs, fees or other expenses including attorney's fees incurred or claimed in connection with any of the claims referenced in paragraph 3. The waiver and general release referenced in this paragraph shall exclude those workers' compensation claims identified as OJCC #12-013959GCC. 5. No Liability. It is understood and agreed by the parties that this Agreement does not constitute any admission by CHERYL CASON,or the CITY(including any of its officers, agents, directors, supervisors or employees) of any violation of any applicable laws. 6. Workers' Compensation Claims. CHERYL CASON acknowledges that the workers' compensation claim OJCC#12-013959GCC is her only open workers' compensation claim with the Office of the Judge of Compensation Claims as of the date of this Agreement. 7. Payments,Consideration and Stipulation of Retirement. In consideration for CHERYL CASON's execution of this Agreement, the Parties agree to the following: a) The CITY agrees to pay to CHERYL CASON's undersigned attorney's trust account, on behalf of Cheryl Cason,a total of$20,000.00, within 10 calendar days of the full execution of this Agreement by all parties and approval of same by the City Commission, pursuant to the above captioned case, and the mutual covenants contained herein. Cason shall retire as Chief of Police. b) The City has agreed that for a period of eight(8)weeks subsequent to the effective date of Cheryl Cason's retirement from the City,Cheryl Cason shall remain with the City in the capacity of Police Organization Consultant and shall report directly to and only to the City Manager, and during said eight week period shall be compensated at her current rate of compensation in existence at the time of her retirement and shall be provided health benefits through the City during this period. c) The City shall also pay to Cheryl Cason twelve (12) weeks of severance pay which shall be paid at the same rate for which Cheryl Cason is being compensated by the City in her position as Chief of Police on the effective date of her retirement, and Cheryl Cason's health benefits shall be continued through and paid for by the City during the twelve (12)week period. d) The City agrees to pay out to Cason all sick and vacation time which has been earned by Cheryl Cason up through and including the effective date of her retirement. e) The City agrees that should adequate evidence be provided that Cheryl Cason was to earn deferred compensation benefits as part of her original offer of employment as Chief of Police with the City, the City agrees to reimburse Cheryl Cason for all deferred compensation due and not paid from the date of her start as the Chief of Police up through the present at a rate of 6.5% per annum of her annual salary for those years involved. Alternatively, should adequate evidence fail to exist to warrant the payment of said deferred compensation benefits, The City agrees to pay for the costs of Cheryl Cason's COBRA health benefits for the remainder of the year 2013 or until such time as ordered to stop said payments by a Court of competent jurisdiction, upon the expiration of those benefits at the completion of the severance period as described in sub paragraphs b and c above. f) It shall further be the understanding of the Parties,that Cheryl Cason shall not submit her retirement as Chief of Police to the City until such time as the full approval as to the terms of this Agreement and the consideration/compensation identified herein is approved by the City Commission. However, upon the approval by the Commission,Cheryl Cason shall submit the necessary paperwork and take all other steps necessary to effectively retire as the Chief of Police from the City within 48 hours. The Parties understand that under no circumstances shall any agreement reached herein require that Cheryl Cason resign her position,nor shall her retirement be deemed effective until the Commission has approved each and every term and condition of this Agreement. Additionally,CASON shall file a Notice of Voluntary Dismissal with Prejudice as it relates to the Public Sector Whistle Blower Act also known as Florida Statute § 112.3187 in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County,Florida(Case No.: 11-35810CA11);and all claims raised therein or could have been brought therein. 8. Adequate Consideration. CHERYL CASON agrees that the consideration to her as set forth above constitutes adequate and ample consideration for the rights and claims she is waiving under this Agreement, and for the obligations imposed upon her by virtue of this Agreement. 9. Consultation with Attorneys. CHERYL CASON acknowledges that prior to executing this Agreement,she has received and has had sufficient time to review this Agreement;that she has discussed this Agreement with legal counsel of her own choice and that she fully understands the teens of this Agreement and that she is knowingly,willingly,voluntarily and intelligently signing and agreeing to be legally bound by this Agreement. 10. Additional Waiver. CHERYL CASON understands that this Agreement is a release that precludes her recovery of any relief as the result of any charge, lawsuit, or proceeding brought by or on behalf of CHERYL CASON arising out her employment prior to her retirement from the City by signing and agreeing to this Agreement, CHERYL CASON agrees to waive any potential filing or any current charge regarding her employment with the CITY before any federal, state or local governmental agency, and said claims to be voluntarily dismissed with prejudice upon approval by the City Commission of the terms and conditions of this Agreement by CHERYL CASON. This Agreement shall specifically include the Miami Dade Commission On Human Rights and those claims pending with the U.S. Equal Employment Opportunity Commission. The additional waiver and release referenced in this paragraph does not waive or release workers'compensation claim OJCC#12-013959GCC as read in accordance with paragraph 3 above or any other injury or illness arising out of and in the course and scope of her employment, or deemed compensable in accordance with Florida Statute 440. 11. Enforceability. In the event that litigation shall be necessary for the enforcement of this Agreement on behalf of either Party,then the prevailing Party shall be entitled to reasonable attorney's fees and costs incurred in said litigation. Venue for said litigation shall be Dade County, Florida and this Agreement shall be governed by the laws of the State of Florida. 12. Severability. Furthermore, it is fully understood and agreed by the Parties that if any provision of this Agreement or any part thereof,is rendered or declared invalid by any decree of court of competent jurisdiction,all other provisions of this Agreement shall remain in full force and effect. 13. Full Integration. This Agreement constitutes the entire understanding and agreement of the Parties. Therefore, there are no other covenants, promises, agreements, conditions or understandings,either oral or written,between the Parties other than those herein set forth. 14. Modification,Amendments,Revocations. Furthermore,the Parties hereby agree that any modification(s),amendment(s),and/or revocation(s)to this Agreement shall be entered and enforced only by written express consent of the Parties, their successors and/or assigns. 15. Drafting Party. This Agreement shall not be construed against the party who drafted it in that the Parties including the CITY,have obtained legal counsel of their choosing to advise them regarding this Agreement. 16. Full Understanding. The Parties have fully read,understood and considered all of the terms and provisions outlined in this Agreement and are therefore;mutually desire to enter into this Agreement in consideration for execution of this Agreement as outlined in the provisions stated specifically in paragraph 7. 17. Compliance with Older Workers Benefit Protection Act. CHERYL CASON,being forty (40)years of age or older, is advised of and acknowledges the following: a) Twenty-One Day Consideration Period. CHERYL CASON shall have up to twenty-one (21) days to consider and accept the terms of this Agreement by fully executing and notarizing it below. The terms and provisions of this Agreement are null and void if not accepted by CHERYL CASON with the twenty-one (21) day period. CHERYL CASON may sign the Agreement prior to the conclusion of the twenty-one (21) day period. b) Revocation Period. CHERYL CASON shall have seven(7)calendar days from the date she signs this Agreement to revoke the Agreement by notifying the CITY in writing prior to the expiration of the seven(7)calendar day period. Any revocation within this period must state "I hereby revoke my acceptance of our Agreement". The written revocation must be personally delivered to the CITY, and must be postmarked within seven(7)calendar days of CHERYL CASON's execution of this Agreement. This Agreement shall not become enforceable until the revocation period has expired. If the last day of the revocation period is a Saturday, Sunday or legal holiday,then the revocation period shall not expire until the next following day that is not a Saturday, Sunday or legal holiday. THIS AGREEMENT is dated day of ,2013 in Dade County, Florida. BY: CHERYL CASON County of DADE State of Florida The foregoing instrument was acknowledged before me this day of 2013,by , who is personally known to me, OR has produced as identification. Notary Name: Notary Public (NOTARY STAMP) Serial (Commission)Number (if any) THIS AGREEMENT is dated day of ,2013 in Dade County,Florida. BY: CITY MANAGER - attest; CITY CLERK County of DADE State of Florida The foregoing instrument was acknowledged before me this day of 2013, by , who is personally known to me, OR has produced as identification. Notary Name: Notary Public (NOTARY STAMP) Serial (Commission)Number (ifany)