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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)