The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Resolution R-95-1161 Temp. Reso.7014 Rev. March 24, 1995 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE SETTLEMENT OF ALL PAST AND FUTURE CLAIMS BY FORMER CITY OF TAMARAC EMPLOYEE FELIX AMATO FOR $22,000,00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City to settle all past and future claims of former City employee Felix Amato for $22,000.00. WHEREAS, Felix Amato was demoted effective March 24, 1994 and filed a grievance against the City challenging the demotion. WHEREAS, Mr. Amato claimed an on-the-job back injury on April 19, 1994 which resulted in a herniated disc to his lower spine and a 7% permanent impairment rating. WHEREAS, Mr. Amato was paid temporary total disability benefits of $654.96, permanent impairment benefits of $3,396.54 and medical benefits of $3,760.84 for his back injury. WHEREAS, Mr. Amato could require surgery in the future which could result in additional estimated medical expenses in excess of $15,000.00; temporary total disability benefits in excess of $5,500.00 and increased permanent impairment benefits. 1 Temp. Reso.7014 Rev. March 24, 1995 WHEREAS, Mr. Amato was discharged from employment effective September 28, 1994; has filed a charge of discrimination with the Equal Employment Opportunity Commission and the Florida Commission on Human Relations alleging discrimination based on handicap and nationality; and intends to file a lawsuit in Federal and State Courts under The Americans with Disabilities Act, 42 U.S.C. Section 1981 (Race), Title VII (National Origin), The Florida Civil Rights Act of 1992 and the Florida Workers' Compensation Act (Retaliation). WHEREAS, the City of Tamarac denies and disputes all claims of discrimination but is able to close those claims and any future claims out with a one time payment of $22,000.00. WHEREAS, Mr. Amato will provide the City with a full release of all claims. WHEREAS, Mr. Amato will tender his voluntary resignation from the City of Tamarac. WHEREAS, the Risk Manager recommends the settlement of all past and future claims by Mr. Amato for $22,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. 1 1 3 Temp. Reso.7014 Rev. March 24, 1995 SE.CTION 2: The City Commission of the City of Tamarac, approves a $22,000.00 settlement with Felix Amato for all past and future claims subject to the receipt of a voluntary resignation and full release of all claims. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of /1j1 1994. ATTEST: CAROL A. EVANS, CIVIC CITY CLERK I HEREBY CERTIFY that [have aDr)roved this Resolutions 11TCHElr S. DAFT CITY ATTORNEY RECORD OF COMMISSION VOTE MAYoR �A6RAMOWITZ UST 1; V/MK�ATZ COMM. MISHKIN Cr7MM. SC1 REIBER C; a; .COMM. MACHEK ,,�. (-9s-- // (a U] SETTLEMENT AGREEMENT AND GENERAL RELEASE THIS AGREEMENT is entered into this_-Y-0 day of 1995, between the CITY OF TAMARAC (hereinafter the "CITY"), the FEDERATION OF PUBLIC EMPLOYEES, District No. 1, MEBA, AFL-CIO (hereinafter "FPE") and FELIX AMATO, an individual (hereinafter "AMATO"), as follows: WHEREAS, AMATO was employed with the CITY in the position of Maintenance Worker I; WHEREAS, AMATO is a member of a bargaining unit represented by the FPE which has in effect a collective bargaining agreement with the CITY; WHEREAS, AMATO as a condition of employment was required to maintain a valid drivers license and failed to do so; WHEREAS, AMATO was directed to obtain a valid drivers license and, despite an absence from work for an entire day for the purpose of . obtaining a drivers license failed to do so and reported to work on the following day without a license; WHEREAS, on or about September 28, 1994, the CITY terminated AMATO from his employment with the CITY; WHEREAS, AMATO has certain rights to administratively grieve his termination through the arbitration process, and make have specific legal rights to file actions in state and/or federal court; WHEREAS, the FPE, on behalf of AMATO, filed a grievance with the CITY over TO's termination and after denial said grievance filed a Request or.Arbitr lion o er AMATO's termination, identified as FMCS Case )NNO 5-02432/; TO FPE CITY N.[�%rFftan Abramowitz Jr. � Is C� J WHEREAS, the parties hereto recognize the resolution of the above- referenced matter in a manner favorable to their respective interest can not be reasonably predicted and that further official proceedings will require the expenditure of significant funds and resources by all parties; WHEREAS, AMATO has filed a workers' compensation claim against the CITY with the State of Florida, Department of Labor and Employment Security, Office of the Judge of Compensation Claims, identified as Claim No. 119-46-9134; WHEREAS, AMATO and the CITY have agreed to enter into a Stipulation to resolve AMATO's claim for workers' compensation for which AMATO will receive consideration; WHEREAS, AMATO acknowledges that a portion of the consideration being provided to him pursuant to his Stipulation with the CITY, entered into simultaneously herewith, is being provided by the CITY as consideration to enter into this Agreement; WHEREAS, the parties desire to finalize these and all other potential claims between them and to avoid further administrative proceedings, litigation and appeals therefrom; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the CITY, the FPE and AMATO, intending to be legally bound, do hereby stipulate and agree as follows: 1. That all of the above statements are true and correct to the best all part 1nowledge and belief. 2.� Th t AMATO agr es to resign from his employment with the CITY of e tii e eptember 28, 99 . __. Jam✓ -- C-` ' OALW AMATO FPE CITY TIT amowitz r 2 4A City Manager Robert S. 4- q�-- // (0 3. AMATO hereby waives his right to grieve and/or arbitrate any is and all matters regarding his termination and any and all matters which are the subject of this Settlement Agreement. The FPE also waiv es its right to pursue any and all matters regarding AMATO's termination and therefore agrees to withdraw with prejudice its grievance and request for arbitration, identified as FMCS Case No. 95-02432. AMATO and the FPE release the CITY from any and all claims which the FPE and/or AMATO could bring in any way related to AMATO's employment with the CITY through arbitration, administrative proceedings and/or claims before federal or state court. 4. AMATO agrees he will not apply for employment with CITY in the future. AMATO further acknowledges that he enters into this Agreement based upon the consideration which he is receiving from the CITY, to which he would otherwise not be entitled and which is included in the workers' compensation settlement and Stipulation which he is entering into with the CITY. 5. AMATO further acknowledges that he has carefully read and understands this Agreement consisting of four (4) pages and agrees that the CITY has not made any representations other than those contained herein and that he has conferred with his attorneys regarding the terms and conditions of this Agreement and its legal significance prior to its execution. AMATO represents that he suffers from no legal impediment or inability to enter into this Agreement. 5. This Set tlez��,.Agreement and General Release constitutes the enI understanding an agreement of the parties hereto, and can be moe amended or re o d ly by the ex res ritten c sent of al -� CITY AMATO FFE M or o Abramowitz City Manager Robert S. Noe, Jr. • parties. 7. The parties have read and understood the preceding four (4) YIX �`by execution Y r � TO Date o9s SWORN TO AND SUBSCRIBED before me this ) day of April, NOTARY PUBLIC, State of Florida f agree to be bound thereby. Personally Known V OR Produced Identification Type of Identification Produced CTXt OF T Norkaki 40rampwiL Robert S. Noe, Jr. Title Cjty Manager _ FEbERAT30N OF PUBLIC EMPLOYEES M Title Date SWORN TO AND SUBSCRIBED before me this __ day of M"� 1995 . /J i . r i tv bhAL TARY PUBLIC, I M I5I IQP State of Florida NARY PUBLIC ST TE OF FLORID, COMMISSION NO. CC34S103 MY COMMISSION EXP. FEB. L3,1999 Personally Known Produced Identification Type of Identification Produced Date — SWORN TO AND SUBSCRIBED before me this day of 192,4 PVr-irl, 1995. Ci NOTARY SEAL NOTARYAPUBLIC, KATHY MARIE CALABRIA State of Florida NOTARY PUBLIC STATE OF FLORID COMMISSION NO. CC340209 Personally Known COMMISSION EXP. JAN.6,1998 Produced Identification Type of Identification Produced 4 �apv Pis s "j nlriMAN C 3299 'T 2a., t99g97 n; Co., Inc. rFOF W