HomeMy WebLinkAbout05-02-05 Special Meeting Minutes
A Special meeting of the Canton City Council was held on May 2, 2005 in the Council
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Chambers at the Historic Depot at 50 North 4 Avenue.
Mayor Bohler called for roll call at 6:30 p.m. Present – Aldermen Larry Sarff, Mary
Fillingham, Bob Molleck, Elny Harn, Les Carl, Jim Hartford, Rick Reed, Craig West.
Absent – None.
Others in attendance were Daily Ledger Linda Woods, Journal Star Brenda Bowen,
Alderman Elect Joe Berardi.
PURPOSE OF THE SPECIAL MEETING – NO 1. RESOLUTION APPROVING
THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF
CANTON/PAMELA SMITH. NO 2. THE CITY COUNCIL MAY MEET IN
EXECUTIVE SESSION.
Motion
and second by Aldermen Carl/Fillingham, to go into executive session for
employment issue and pending litigation. Roll call. AYES – Aldermen West, Reed,
Hartford, Carl, Harn, Molleck, Fillingham, Sarff. NAYS – None. 8 AYES, 0 NAYS, 0
ABSENT. Motion carried.
Mayor Bohler announced who would be staying for the executive session. All elected
officials, and Negotiating Attorney for City Bruce Beal.
Mayor Bohler said he anticipates voting in open session on the resolution.
The Special City Council meeting convened at this time for executive session 6:36 p.m.
The regular scheduled Special City Council meeting reconvened into open session at 6:37
p.m.
Motion
and second by Aldermen Fillingham/Reed, to go into executive session for
findings of pending litigation between Pamela Smith, City of Canton, Workman’s Comp,
and the Industrial Commission of EEOC. Discussion. City Attorney Ron Weber said
this is what forms the lease of going into executive session. Roll call. AYES –
Aldermen Sarff, Fillingham, Molleck, Harn, Carl, Hartford, Reed, West. NAYS – None.
8 AYES, 0 NAYS, 0 ABSENT. Motion carried.
The Special City Council meeting convened into executive session at 6:38 p.m.
The Special City Council meeting reconvened into open session at 7:06 p.m.
Mayor Bohler ask the City Clerk to read the resolution by title.
RESOLUTION APPROVING A SETTLEMENT AGREEMENT BETWEEN
PAMELA SMITH AND THE CITY OF CANTON, ILLINOIS.
First reading, read
Motion
by title. and second by Aldermen Reed/Fillingham, the resolution be adopted.
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Special City Council meeting 5-2-05
Roll call. AYES – Aldermen West, Reed, Hartford, Carl, Harn, Molleck, Fillingham,
Sarff. NAYS – None. 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. Resolution
being #1329.
Motion
Adjournment. and second by Aldermen Molleck/Hartford, to adjourn. Voice
vote, motion carried unanimously. The Special City Council Meeting adjourned at 7:08
p.m.
______________________________
Nancy Whites, City Clerk
APPROVED:____________________________
Jerry M. Bohler, Mayor
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EXECUTIVE SESSION
SPECIAL CITY COUNCIL MEETING
MAY 2, 2005 @ 6:30 P.M.
Council Chambers 50 North 4th
Mayor Bohler called the meeting to order at 6:38 p.m.
Roll call. Aldermen Larry Sarff, Mary Fillingham, Bob Molleck, Elny Harn, Les Carl,
Jim Hartford, Rick Reed, Craig West; Mayor Jerry M. Bohler, City Clerk Nancy Whites,
City Attorney Ron Weber, Negotiations Attorney for the City Bruce Beal.
Bruce Beal commented that there are two pending matters. (1.) The Illinois Department
of Human Rights and Equal Opportunity Commission, and also filed (2.) an Application
for Adjustment of Claim asserting rights under the Illinois Worker’s compensation Act
with the Illinois Industrial Commission.
The EEOC has asked the Employee and City to attempt to mediate a settlement and both
parties selected Stephen Evans to mediate the charges.
Mediation Judge Stephen Evans met with Jerry Bohler, Pamela Smith, Pamela’s attorney
Richard L. Steagall, and Bruce Beal. Both sides realized litigation would not be. Bruce
commented that he had said all along this is he/she said from that standpoint. We have
made some progress as they want $200,000, but there were no witnesses.
Bruce continued with employment of Pamela Smith – for a period of four (4) years
beginning August 13, 2004 and ending on August 12, 2008 provided however, that
EMPLOYEE may be terminated at any time by CITY for just cause. This contractual
right to continue employment except cause is intended to be a protected property interest.
Wages at a yearly salary of $20,567.00 and with benefit accrual and contributions made
for and during EMPLOYEE’S employment in accordance with the CITY’s Personnel
Policy beginning August 13, 2004. EMPLOYEE’s first compensable pay period shall
being May 4, 2005.
EMPLOYEE agrees to withdraw with prejudice, all charges filed by EMPLOYEE against
CITY with and Federal, State or Local agencies, including without limitation the Illinois
Department of Human Rights, Equal Employment Opportunity Commission, and charges
filed with the Illinois Industrial Commission.
The CITY agrees to make payment of the sum of $34,000.00 and to enter into the
Employment Agreement. Upon presentation with an acceptable form of withdrawal of
the EEOC and Illinois Human Rights Commission charges, the CITY will deliver to
Special Attorney Bruce Beal a check in the amount of $34,000 (workman’s comp paid
$5,000) payable to EMPLOYEE and Richard L. Steagall, her attorney and, the signed
Employment Agreement.
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May 2, 2005 Special City Council meeting
EMPLOYEE acknowledges she is responsible for any State, Federal and IMRF
withholdings for all compensation received for the period beginning August 13, 2004 and
ending with the termination of her employment.
EMPLOYEE agrees that she shall have no contact with Jerry Bohler and Jerry Bohler
agrees that he will have no contact with EMPLOYEE.
Bruce said he recommends the agreements be accepted and to keep from the press.
Pamela Smith has agreed to “no comment” which is necessary for disclosure.
Alderman Reed wanted to know what position of employment would Pamela Smith
have? Bruce Beal said we have not created a position.
Alderman Carl wanted to know if Pamela Smith was responsible for attorney fees. Bruce
said she was.
Alderman Harn wanted to know if she was under a doctor’s care? Bruce said she was
due to mental stress. Alderman Harn and Alderman West wanted to know if she was
released from the doctor? Bruce said he did not know!
Alderman Carl said having no contact makes me feel uncomfortable. Bruce said this is
not between the City, its between Pamela Smith and Jerry Bohler.
Alderman Molleck felt $34,000 would be the cheapest way to go.
Bruce Beal said he was pleased with the agreement and hopes the council is also.
Motion
and second by Aldermen Sarff/Hartford, to go into open session. Voice vote,
motion carried unanimously.
The Special Council Meeting reconvened into open session at 7:06 p.m.
______________________________
Nancy Whites, City Clerk
Minutes approved on June 7, 2005 at a meeting of the Canton City Council.
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