HomeMy WebLinkAboutRes1992-162
.
.
.
Sponsored by: Schaefermeyer/ Arvidson
CI1Y OF SEWARD, ALASKA
RESOLUTION NO. 92-162
A RESOLUTION OF THE CI1Y COUNCIL OF THE CITY
OF SEWARD, ALASKA, APPROVING A SETTLEMENT AGREEMENT
WITH LARRY RICHARD AND APPROPRIATING FUNDS
WHEREAS, Larry Richard was employed by the Seward Police Deparbnent as a
Police Officer; and
WHEREAS, Richard inquired of the United States Deparbnent of Labor as to the
requirements under Federal Law of payment of overtime compensation to officers of the
Deparbnent in early 1991; and
WHEREAS, subsequent to that time Richard alleges that because of his inquiry to
the Deparbnent of Labor, which inquiry led to the City's adjusbnent of pay for officers,
he was verbally harassed and treated unfairly because of his having made the inquiry;
and
WHEREAS, Richard alleges that the then police chief created a hostile work
environment for him, denied him opportunity for promotion, and encouraged other
employees to assign undesirable shifts and work schedules to him; and
WHEREAS, intervention efforts by the City Manager and Assistant City Manager
in the summer of 1991 were unsuccessful in allaying Richard's allegations; and
WHEREAS, Richard's allegations raise serious questions as to the conduct of city
employees and specifically those of the then police chief; and
WHEREAS, Richard has threatened to file suit against the city for unlawful
termination; and
WHEREAS, the City Council has been apprised of the factual background to the
allegations and has determined that they pose a serious financial risk to the City of
Seward; and
WHEREAS, the cost and effort involved in defending the City of Seward in the
threatened litigation would seriously impair the financial well being of the City and
seriously interfere with the efficient operation of the City in that it would involve
conflicting testimony from employees of the City during the time period alleged; and
WHEREAS, the City Council takes any allegation of harassment for the exercise
of a legitimate employee right seriously; and
.
.
.
CITY OF SEWARD, ALASKA
RESOLUTION NO. 92-162
WHEREAS, the public interest would not be served by continuing to defend the
threatened litigation in light of the costs thereof, the conflicting testimony likely to be
elicited, and the impact on employee morale;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The settlement demand contained in that certain letter from Richard's
attorney dated September 21,1992, is accepted.
Section 2. The sum of Two Hundred Thousand Dollars ($200,000) is hereby
appropriated from the General Fund Fund Balance Account No. 101-3070 to the General
Services Department Miscellaneous Account No. 101-1180-5790 to cover the cost of the
settlement.
Section 3. The City Manager and City Attorney are directed to prepare and
execute settlement documents reflecting this settlement.
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
30th day of September, 1992.
THE CITY OF SEWARD, ALASKA
~ZJ-~~
Beverly D am, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Crane, Dunham, Krasnansky, White
None
Bencardino, Swartz
None
ArrEST:
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the city of
Seward, Alaska
7~M~
Fred B. Arvidson
City Attorney
(City Seal)