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HomeMy WebLinkAbout04529 - LISA YOUNG SETTLEMENT AGR Jun-13-02 06: 25A • Lisa Ann Young Settlement Agreement AGREEMENT #4527 M07116, 7-3-02 AGREEMENT OF SETTLEMENT — AND GENERAL RELEASE I. PARTIES '['his Settlement Agreement and General Release (hereinafter referred to as the "AGREEMENT"') is entered into by and between LISA ANN YOlING (hereinafter referred to as "YOUNG")and the CiTY OF PALM SPRINGS(hereinafter referred to as the"CITY"). 2. RECITALS 2.1. YOUNG was hired by the CITY on or about May 18, 1998 as a temporary Police Service Officer. in or about August 10, 1998, she was promoted to a regular full time position as a Community Service Officer. 2.2, On or about July 6, 2000, YOUNG advised a supervisor that she had been. and continued to be, harassod by other CITY employees, including members ol'the City's Police Department. The CiTY investigated the complaint and took action based upmn the findings of the investigation. Since on or about July 21, 2000,however, Ms. Young;has been off work based upon claims of related psychological and physiological injuries resulting; ('Tom the harassment and based upon an unrelated work injury daling back to on or about March 20, 2000. 2.3 YOUNG subsequently filed workers' compensation claims for her alleged work injuries. She also filed a Complaint of Discrimination dated December 29, 2000 with the Department of Fair Employment and Housing alleging that she was the victim of sexual harassment in the workplace (hereinafter referred to as the "DIPLH COMPLAINT"). In addition, YOUNG filed a charge with the Equal litnployment Opportunity Commission dated January 2, 2001 (hereinafter referred to as the "FLOC CHARGE') on the same grounds as the DFF.H COMPLAINT. She has since received a Right-to-Sue Notice and has advised the CITY that she intends to commence civil litigation against it, even providing the CiTY with a draft of her proposed civil complaint for damages. 2.4 YOUNG and the CITY mutually desire to globally resolve any and all disputes that YOUNG may have against the CITY, its employees, agents, and representatives, including but not limited to, disputes arising out of or related to YOUNG's employment and voluntary termination thereof with the Cl,IY, the workers' compensation cases, the DFEH COMPLAINT, and the EFOC CHARGE Accordingly, the parties hereby seek release,discharge and termination vi'any and all claims, demands. controversies, causes of action, damages,rights, liabilities, and obligations owed to YOUNG by the CiTY and/or its employees, agents_ and representatives existing at this time. save and except as may be expressly set forth borcin. Pulp 1 01'8 Iry 022419vi YOUNG's hlitial .Xf IJ . Jun-13-02 06: 25A P.03 3. CONSIDERATION 3.1. in exchange for the releases set forth herein and conditioned upon the approval of the Workers' Compensation Appeals Board of that certain Compromise and Release dated .hate 7, 2002 in the amount of$118,500 entered into between the parties, the CiTY shall cause to be paid to YOUNG the additional sum of twenty thousand dollars($20,000.00)in the form of a check made payable to the James P. Stoneman Client Trust Account, w be mailed to YOLJNG's counsel, James P. Stoneman 11, Esq- via certified mail return receipt requested within thirty (30)business days after the EFFECTIVE DATE.of this AGREEMENT. 3.2 in exchange for the payments and representations made herein, YOUNG: (a) shall resign her employment with the C.IfY, with said resignation deemed accepted by the CITY, to be effective as of the EFFECTIVE DATE of this .AGREEMENT', and shall provide a resignation letter to the CiTY confirming her resignation on that date, which letter shall be placed in YOIJNG's personnel tile; (b) shall release, acquit, and forever discharge the CITY, DAN ROSE, BRIAN ANDERSON, and alf of the CiTY's agents, officers, employees, representatives, insurers, attorneys, and all persons acting by, through, under, or in concert with any of them, and each of them, from any and all claims, charges, complaints, liabilities. obligations, promises, benefits, agreements,controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which YOUNG and her heirs, representatives, successors, and assigns, now has, or may acquire in the future, which relate to or arise out of any act, omission, Occurrence, condition, event, transaction, or thing which was done, omitted to he done, occurred or was in effect at anytime front the beginning of time up to and including the EFFECTIVF DATE ("CLAIMS"), without regard to whether such CLAIMS arise under the federal, state or local constitutions, statutes, rules or regulations, or the common law. YOUNG expressly acknowledges that the CLAIMS forever barred by this AGRFF,MENT specifically include, but are nut limited to, claims related to her employment with the CiTY, the DFEH COMPLAINT, the EEOC CHARGE, any claims for wages. overi'tme or benefits, .Labor Cude section 132a claims, Labor Code section 4553 claims, any alleged breach of ally duly, any alleged employment discrimination, harassment, retaliation or unlawful discriminatory act, or any claim or cause of action including, but not limited to, any and all claims whether arising under any federal, stale or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, including but not limited to the pair Employment and Housing Act, the Federal Fair Labor Standards Act, the Americans With Disabilities Act, and Page 2 at's Iry Nrznrorn YOIJNG'slnitial ,��, Jun-13-02 06t25A P. 04 Titic Vll of the Civil Rights Act of 1964. 4. Specific Acknowledgment of Waiver of Claims under ADEA and OWBPA The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the "ADEA") makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual's employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the "OWBPA," 29 U.S.C. § 626, at. seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim Linder the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, YOIYNG acknowledges that she knowingly and voluntarily, for just compensation in addition to anything ol'value to which YOUNG was already entitled, waives and releases any rights she may have under the ADEA and/or OWBPA. YOUNG further acknowledges that she has bean advised and understands, pursuant to the provisions of the ADEA and OWBPA,that: (a) This waiver/release is written in a manner understood by YOUNG; (b) YOUNG is aware of, and/or has been advised of, her rights under the ADEA and OWBPA, and of the legal significance of her waiver of any possible claims she currently may have under the ADEA, OWBPA and/or similar age discrimination laws; (c) YOUNG is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights she may have tinder the ADEA, the OWBPA and similar age discrimination laws; but any, in the exercise of her own discretion, sign or reject this AGREEMENT at any time before tine expiration of the twenty-one(21)days; (d) The waivers and releases set firth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the F.FFECTIVF.. DATE of this AGRL'I'MENT; (e) YOUNG has been advised by this writing that she should consult with an attomey prior to executing this AGREEMENT; (f) YOUNG has discussed this waiver and release with, and been advised with respect thereto by, her counsel of choice, and that she does not need any additional time within which to review and consider this AGREEMENT; (g) YOUNG has seven (7) days following her execution of this AGREEMENT to revoke the AGREEMENT ; Page 3 of 8 Iry a22419v I YOUNG's Ini6alr✓7f r-a Jun-13-02 06:26A P.05 (h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to the CITY pursuant to Paragraph 8.10 herein, and must state, "I hereby revoke my acceptance of our Agreement of Settlement and General Release;"and (i) This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten (10) days have passed since YOUNG's execution ("El-PECTIVF. DATE"). 5. UNKNOWN CLAIMS In relation to the release provisions of Paragraphs 3 and 4 above, YOUNG understands that California Civil Code section 1542 reads as follows: "General Release--C'laims,Extint!wished" "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the tine of executing the release. which if known by him trust have materially affected his settlement with the debtor." YOUNG hereby waives the protection of California Civil Cade section 1542. 6. WAIVER OF ADDITIONAL,CLAIMS YOUNG hereby waives any provisions of state or lederal law that might require it more detailed specification ol'the claims being released pursuant to the provisions of Paragraphs 3.4, and 5 above. 7e REPRESENTATIONS AND WARRANTIES Filch of the parties to this AGREFMEN'1 represents and warrants to, and agrees with, each other party as follows= 7.1. Advice of Counsel: Each party has received independent legal advice from its attorncy(s)with respect to the advisability of making the settlement provided for herein and with respect to the advisability of executing this AGREEMENT. The parties acknowledge that they have been represented in the negotiations for and in the performance of this ILGRF.EMENT by counsel or their own choice; that they have read this AGREEMLN'1; that they have had this AGREEMENT fully explained to them by such counsel or have had such opportunity; and that they are fully aware of the contents of this AGREEM FNT and of its legal effect, Page 4 of 8 Iry 922419v1 YOUNG's Initia Jun-13-02 06: 26A P.06 7.2. No Fraud in inducement: No party (nor any officer, agent, employee, representative,or attorney of or for any party)has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party for of any officer, agent, employee, representative. or attorney of or for any party) in executing this AGREEMENT,or in making the settlement provided for herein,except as expressly stated in this AGREEMENT. Each term of this AGREEMENT is contractual and not merely a recital. 7.3. In_dependent Investigation: Each party to this AGRF.FMENT has made such investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters pertaining thereto, as it deems necessary. 7.4 Authority. Each party represents to the other that the party has the right to enter into this AGRFF.MF.NT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessary approvals 10 execute this AGRF.F_MENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGRFFMFNT has been signed. 7.5. Mistahe_Waived: in entering into this AGREEMENT, each party assumes the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover that any last relied upon by it in entering into this AGREEMENT was untrue, or that ally fact was concealed from it, or that its understanding of the facts or of the law vras incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT This AGRF.F.MEN'I' is intended to he, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever. 7.6. hater Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different lirom those they now know or believe to he tare with respect to the matters related herein. Nevertheless, it is the intention of the parties that W)UNG fully, finally and forever settle and release all such matters,and all claims relative thereto, which do now exist,may exist or have previously existed against the CiTY. In ftrthcr nce of such intention, time releases given here shall be, and remain, in effect as I'ull and complete releases of all such matters, notwithstanding the discovery or existence of any additional or dill'crent claims or liacts relative thereto. 7.7, Ownership of Caautts: YOUNG represents and warrants as a material term of this AGREEMENT that YOUNG has not hereLofbre assigned,trarisierred, released or granted,or Page 5 of a rmszlawvt YOUNG's Initils7(• , Jun-13-02 06: 26A P. 07 purported to assign, transfer, release or grant, ally of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMFNT, YOUNG further warrants and represents that none of the CLAIMS released by YOUNG thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity. 7.8. Indemnification: YOUNG agrees to indemnify and hold harmless the CITY and its employees and agents, from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties. and representations undertaken pursuant to the provisions of this AGREEMENT. 7.9, Future Cooperation: The parties will execute all such further anti additional documents as shall he reasonable, convenient, necessary or desirable to cony out the provisions of this AGREEMENT. 8. MISCELLANEOUS 8.1. No Admission: Nothing contained herein shall be construed as all admission by the CiTY or its employees of any liability of any kind. The CITY and its employees deny any liability in connection with any claim and intend hereby solely to avoid further litigation and buy their peace. 8.2. Governing Law: 'this AGRF,FMEN'f has been executed and delivered within the Slate of California, and the rights and obligations of the parties shall be construed and enforced in accordance with,and governed by, the laws of the State of California. 8.3. Full Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions except lim that certain Workers' Compensation Compromise and Release dated June 7, 2002 in the amount of Sl 18,500 entered into between the pvtics. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto. 8.4. Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, employees, representatives, officers. directors,divisions,subsidiaries,affiliates,assigns,heirs, successors in interest and shareholders. 8.5. Joint Dr..tfti : Each party has cooperated in the drafting and preparation of this AGREEMENT. Tlence, in any construction to he made of this AGREEMENT, the same shall not he construed against any party. 81i. Severability: Tn the event that any term, covenant, condition, provision or agreement contained in this AORL•EMENT is held to he invalid or void by any court of competent ,jurisdiction, the invalidity ofany such term, covenant, condition,provision or agreement shall in no Page 6 u Y 8 p lrv.Q2414vI YOUNG'slnitial�s i�r�l� Jun-13-02 06: 27A P.OE way affect any other term, covenant, condition, provision or agreement and the remainder of;this AGREEMENT shall still be in full force and effect. 8.7. Titles: The titles included in this AOI L 'MENT are for reference only and are not part of the terms of this AGREEMENT, nor do they in any way modify the ternis of this AGREEMENT. 8.8. Counterparts: This AGREEMENT may be executed in counterparts, and When each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties. 8.9. Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party's discretion, and addressed to the parties asset forth below. Notices shall be deemed, for all purposes, to have been given on the date ol' personal service or three (3) consecutive calendar days following deposit of the same in the United States mail. As to YOUNG: Lisa Ann Young And to ,fames P. Stoneman I1. Esq. Post Office Box 8783 100 West Foothill Blvd, Pahn Springs, CA 92263 Claremont, CA 0 1 7 1 1-2705 As to the CITY: City of palm Springs And To David J. Aleshire, Esq. Post Office Box 2743 Burke, Williams& Sorensen LLP Palm.Springs, California 92263 18301 Von Karman, Suite 1050 Attn: Sue Mills Irvine, California 92612 WHEREFORE, the Parties hereto have read all of the foregoing, understand the same,and agree to all of the provisions contained herein. DATED: _(L-43-a2 LISA ANN YOUNG By: �isa . Young Page 7 of a Im 022419V1 YOi.ING'slnili• i�� .]eon-13-02 06:27A P.09 ATTEST: / C11'Y Of PALM SPRINGS, CALIFORNIA City Clerk David H. Ready, City a-, I APPROVED BY THE CITY COUNCIL BY r�ES NO. A wP'ROVEU AS TO FOPii;i Date — Page A of 8 trv.uxxa wi YOUNG's Ioitia //�