HomeMy WebLinkAboutResolution #3090.>
r~ .
FESOLUTIa PD. 3090
A 17E90LUT IaV APPF~1/ 1 fNG A SFTTL9~ENT AI1T BElVImV Tlf CITY ~
C~WTW ArD JWbES F. W4TTS, AID D I IiECT I PG Tif C 1 TY ATT~Y TO
E~CUTE MD fflEL 1 VER SA1 D !~ 8E}iALF ~ Ttf-E CITY ~
C/WTaV, ILLIPDIS.
1AfFfNFAS, the City Counc i l 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 James
Watts, hereto attached and herein incorporated as Exhibit "A".
KaAI, 11-E~, 8E IT RESOLVED BY T1-E CITY OQ~CIL ~ TiFE
CITY ~ C~11VT~1, Fulton County, I I I inois as follows:
1. That the Settlement Agreement hereto attached as Exhibit
"A" between the City of Canton and James F. Watts is hereby
approved.
2. That the City Attorney is hereby authorized and directed
to execute and deliver said agreement on behalf of the City of
Canton, Illinois.
3. That this Resolution shall be in full force and effect
irm~ediately upon its passage by the City Council of the City of
Canton, Illinois.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois at a regular meeting this 19th day of November
1991, upon a roll call vote as follows:
AYES: Aldermen Molleck, Coay, Sarff, Steck, r~eade, Barnett, May.
~~ : None .
Alderman Bohler.
s++•
Donald E. Edwards, Mayor
ATTEST:
Nadi y Whit s, City Clerk
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 F. 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, 1987.
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
391-23i2.P 2