HomeMy WebLinkAboutResolution #3077RESOLUTION ND. 3077
A RE90LUT I ON APPF~7V I hG A SETTLE3u1]VT AC->FiEOVEM" BEiV'dEEN THE C I TY OF
CANTQV AND AVER I CAN FEI~EERAT 1 ON OF STATE, OOINTY AND isnuN I C I PAL
I~uF'I_OYEES (AFSOIUE) OOIJIVCIL 31 AND LOCAL 1372A, AND JAMES F. I~VfATTS
AND D I RECT I Nu TFE f~IAYOR AND C 1 TY CLERK TO EXECUTE AND DEL 1 VER SA I D
SETTLElUQ~lf AGREQti+ETIf ON BE}-IALF OF TF-E C I TY OF CANTON, I LL I ND I S .
ViA-5, the City Council of the City of Canton has
determined that it is necessary and in the best interest of the
City of Canton to enter into a settlement agreement with American
Federation of State, County and PJlun i c i pa I Ernp I oyees (AFSCIv'E)
Counci I 31 and Local 1372A, and Jarnes F. ~~~latts, hereto attached
and herein incorporated as Exhibit "A".
N~'J, TFF~iEFORE , BE I T RESOLVED BY TI-E C I TY OOI,IVC I L OF Ti-E
CITY OF CANTON, Fulton County, Illinois as follovrs:
1. That the Settlement Agreement hereto attached as Exhibit
"A" bet4veen the City of Canton and American Federation of State,
County and F..1u n i c i pa I Erne I oyees (AFSCi`~r) Cou nc i I 31 and Loca
1372A, and James F. ~'datts, is hereby approved.
2. That the PU~ayor and City Clerk are hereby authorized and
directed to execute and deliver said agreement on behalf of the
City of Canton, Illinois.
3. Tf~at this Resolution shall be in full force and effect
immediately upon its passage by the City Council of the City of
Canton, Illinois.
PASSI=D by the City Council of the City of Canton, Fulton
County, Illinois at a regular meeting this lst day of October
1991, upon a roll call vote as follovrs:
AYES: Alderme~l MAlleck, Coay, Sarff, Steck, Bohler, Meade, Barnett,
i~ ay .
NAYS: None,
ABSENT: None,
APP[~1/ED:
r
fC
Donald ~. cdv~rards, 1~~1ayor
ATTEST:
o
PJancy'vJhites, City 'lerk
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL
CIRCUIT OF ILLINOIS
FULTON COUNTY
CITY OF CANTON, ILLINOIS,
Plaintiff,
vs.
Case No. 89 L 15
AMERICAN FEDERATION OF
STATE, COUNTY AND
MUNICIPAL EMPLOYEES
(AFSCME) COUNCIL 31
AND LOCAL 1372A, and
JAMES P. WATTS,
Defendants.
SETTLEMENT AGREEMENT
The Plaintiff, CITY OF CANTON, ILLINOIS [the "CITY"], by
City Attorney James H. Malmgren, and the Defendants, AMERICAN
FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME)
COUNCIL 31 AND LOCAL 1372A [collectively, the "Union"], and JAMES
F. WATTS ["Watts"], by their attorney, Thomas J. Edstrom, hereby
agree to the following terms and conditions of settlement:
1. The City shall pay Watts the sum of $6, 000.00 in full and
final satisfaction of any and all claims and causes of action which
Watts may have against the City, its elected officials, officers,
directors, attorneys and employees, arising from events occurring
prior to the date on which this Settlement Agreement is executed
[including the claims and causes of action which are the subject
of this Case No. 89 L 15];
2. As an inducement to the City to execute this Settlement
Agreement, the Union hereby releases the City, its elected
officials, officers, directors, attorneys and employees, from any
and all claims and causes of action arising from the City's acts
or omissions with respect to Watts [ including any claims and causes
of action which are connected with or related to this Case No. 89
L 15 and/or to the arbitration proceedings which are the subject
of this Case No. 89 L 15];
3. The City shall pay Watts the aforementioned amount within
14 days of the entry of an Order dismissing, with prejudice, this
Case No. 89 L 15 [the City shall withhold from this payment, and
remit to the appropriate authorities, any federal, state or
municipal income taxes, contributions on account of the federal
Social Security Act, and any other amounts required to be withheld
by law from payments in the nature of wages]; and
4. With the execution of this Settlement Agreement, Watts
shall be deemed to have submitted his irrevocable notice of
resignation, retroactive to October 15, 198, and agrees that he
will neither seek nor accept employment with the City at any future
date.
Dated: October , 1991 American Federation of State, County
and Municipal Employees (AFSCME)
Council 31 and Local 1372A, and
James F. Watts
BY=
Thomas J. Edstrom, Their Attorney
Dated: October , 1991 City of Canton, Illinois
By:
James H. Malmgren, City Attorney
391-2342.P 2