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HomeMy WebLinkAboutResolution #1185.~ #1185 A RESOLUTION APPROVING A COMPROMISE AND SR's'-~'NT AGREEMENT BETWEEN THE CITY OF CANTON AND MARION CLARK WHEREAS, the Legal and Ordinance Committee has determined that it is necessary and in the best interest of the City of Canton to enter into a Compromise and Settlement Agreement with former City employee Marion Clark; and, WHEREAS, the Canton City Council has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, as follows: 1. That the attached Compromise and Settlement Agreement by and between the City of Canton and Marion Clark be, and the same hereby is, approved by the Canton City Council. 2. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver said Compromise and Settlement Agreement(s) together with all checks and other documents reasonably necessary to effectuate the terms of said Agreement. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this ~~d day of December , 1986, upon a roll call vote as follows: AYES: Aldermen Chapman, May, Bohler, Workman, Sarff, Steck, Zilly, Kovachevich. NAYS: None. ABSENT: None. ATTEST: r' ~ APPROVED : lsl C. c~ MAYOR. Ci y Clerk. COMPROMISB AND S~'~'T•F~NT AGREEMENT This Compromise and Settlement Agreement entered into this day of , 1986, between the city of Canton, an Illinois municipal corporation, hereinafter called "City," and Marion Clark, hereinafter called "Clark," WITNESSETH: WHEREAS, the City of Canton has previously placed former City employee Clark on disability leave pursuant to provisions of the City's personnel policy; and, WHEREAS, Clark has filed ~n action at law against the City alleging violation of certain statutory rights which such law action is docketed in the Circuit Court for the Ninth Judicial Circuit of Illinois, Fulton County, as Case No. 85-L-53; and, WHEREAS, in placing Clark on disability status the City was under the impression that Clark had vested rights and would receive an annual pension through the Illinois Municipal Retirement Fund which impression has subsequently proven to be erroneous; and, WHEREAS, the City has contested the validity of the allegations brought against the City by Clark in said law case and yet continues to contest and deny all such allegations; and, WHEREAS, each of the City and Clark by these presents wish to compromise and settle all of the rights, duties, obligations, and all other matters rising from or out of the aforesaid employer/employee relationship. NOW, THEREFORE, it is hereby mutually agreed by and between the City, and Clark as follows: 1. City shall pay to Clark the lump sum figure of $13,000.00 as a settlement payment and not as salary paid to Clark to which the City would then be required to contribute employment taxes and the like. 2. Clark will be recalled by the City and given IMRF credit by the City for City service for the period of his placement on disability leave. 3. Clark will be immediately and permanently placed on layoff status due to lack of work and/or due to lack of funds. Clark by these presents waives the fourteen day layoff notice requirement. 4. Clark's recall will be without rights to receive additional or further benefits such as: Vacation days/pay; sick days/pay; or, any other claim or demand unless same is specifically addressed in this Compromise and Settlement Agreement. 5. Upon execution of this Compromise and Settlement Agreement and payment by the City, Clark will immediately cause the foregoing action to be dismissed with prejudice and will also deliver to the City his full and complete release of any and all claims, demands, or causes of action which he now has or may hereafter acquire as to the City of Canton and, also, as to the City's past, present, or future officers, officials, and employees, excepting only his workmen's compensation rights. City and Clark acknowledge that all matters arising out of the employer/employee relationship are hereby finally settled and compromised. The City and Clark each release the other from all rights and claims that each such party now has against the other arising from said employer/employee relationship. Clark hereby irrevocably releases and discharges the City, its successors and assigns, and all City officials, officers, employees, and agents, whether past, present, or future, from all claims and causes of action that Clark had, now has, or may have, or that any person claiming through Clark may have or claim to have, against the City, its successors and assigns, and all City officials, officers, employees, and agents, whether past, present, or future, arising from said employer/employee relationship. Thi:~ Compromise and Settlement Agreement is entered into by the City and Clark solely for the purpose of compromising and settling matters in dispute as above set forth. It does not constitute, nor shall it be construed as, an admission by either the City or Clark of the truth or validity of any claims asserted. Both the City and Clark realize that the facts on which the foregoing Compromise and Settlement Agreement is based may hereafter turn out to be other than or different from the facts in that connection now known by the City or Clark or believed by them to be true. The City and Clark each expressly accepts and assumes the risk of the facts so turning out to be different, and each of the City and Clark agrees that the foregoing Compromise and Settlement Agreement shall be in all respects effective and not subject to termination, rescission, or modification by reason of any such change in fact. Executed in quadruplicate by the City and Clark the day and date first above written. CITY OF CANTON, an Illinois municipal corporation, by: Donald E. Edwards, Mayor. M~ on Clark. ATTEST: N n Whi s, City Clerk. -2-