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HomeMy WebLinkAboutMINUTES - 09251984 - 2.5 ` � S BOARD OF SUPERVISORS `1`� ' �" Contra Phil Batchelor, County Administrator Costa ., l September 24, 1984 Cou* SUBJECT: Settlement of Lawsuit with United Professional Fire Fighters Local 1230 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Approve the proposed settlement agreement between the County of Contra Costa and the United Professional Fire Fighters of Contra Costa County IAFF Local 1230, direct each Board member and other designated County officials to execute the settlement agreement, and further direct the County Administrator and Auditor- Controller to comply with its terms. BACKGROUND: Local 1230 filed suit against the County over the establishment and funding of the Sheriff's patrol district (County Service Area P-6). Settlement of that suit has been negotiated between the County and Local 1230 and approved and executed by the representatives of Local 1230. The settlement agreement provides that Local 1230 will dismiss the lawsuit with prejudice, meaning it cannot be refiled later, and that they will not refile a similar action regarding the allocation, disbursement or expenditure of the Special District Augmentation Fund (SDAF) monies. In exchange for the dismissal , the County promises the following: 1 . Eighty percent (80%) of the 1983-84 carryover balance of the SDAF will be distributed to the Fire Districts. Of that 80%, 87.5%, or 7/8 of the carryover balance will be allocated for Fire District operations and 12.5%, or 1/8 of the 80%, will be allocated for capital expenditures. or operations. 2. The allocation of these funds to individual districts will be made by the Board of Supervisors following discussions with the districts as to the identified needs of each district. 3. Beginning with the 1984-85 fiscal year and continuing thereafter, the same 80% allocation of the SDAF to the Fire Districts will be made, as well as the same 87.5% and 12.5% split to operations and capital , or operations. 4. Any unencumbered fund balance at the end of a fiscal year will remain with the district to which it was allocated. 5. Any amount of the 80% not allocated to the fire districts in a given fiscal year will be carried over to the next fiscal year, but will not be a part of the 80% allocated for that next fiscal year. In other words, funds from the 80% not allocated in one fiscal year will be carried over and CONTINUED ON ATTACHMENT:•—X—YES SIGNATURE: 6le"'IJ 'nC RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ( �, ACTION OF BOARD ON September 25. 1984 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS { UNANIMOUS (ABSENT • (-V- ) 1 HEREBY CERTIFY THAT THIS IS A TRUE `` )3-�� AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD County Administrator OF SUPERVISORS ON THE DATE SHOWN. CC: County Counsel ATTESTED September 25, 1984 Auditor-Controller � Phil Batchelor, Clerk of the Sheriff-Coroner � Chief, Fire Districts 5EP 2 5 1984 Board of Supervisors and (�j S County Administrator Local 1230 (/ _ M38217-88 BY x� �- f e- © `��-{;c%.h DEPUTY -2- 5. (continued) allocated in the next fiscal year in addition to the 80%. 6. The County will pay specified legal fees for Local 1230. We believe this is an equitable settlement which accomplishes the objectives of both the County and Local 1230 and recommend that the Board approve it. 001.37 r d AGREEMENT ROBERT ADAMS , NILS ANDERSON, PAUL CAMPBELL, RUSSELL GREF.NLAW, J. GREGORY HOLMES , CHARLES PRICE and BENTON WRIGHT, individually, as representatives of all persons similarly situated, and as officers of the United Professional Firefighters of Contra Costa County IAFF Local 1230 (hereinafter "Plaintiffs" ) , on behalf of themselves and the United Professional Firefighters of Contra Costa County IAFF Local 1230 and each of its members (hereinafter "Union" ) , agree with the County of Contra Costa, and NANCY C. FAHDEN, SUNNF WRIGHT MCPEAK , TOM POWERS , ROBERT SCHRODER, and TOM TORLAKSON, as members of the Board of Sunervisors of Contra Costa County, RICHARD RAINEY as Sheriff of Contra Costa County, DONALD BOUCHET as Auditor-Controller of Contra Costa County , PHILIP J. BATCHELOR, successor to M.G. WINGETT and CHARLES DIXON as County Administrator of Contra Costa County (hereinafter "Defendants" or "County" ) as follows: 1 . In consideration of the below-stated promises of County , Plaintiffs and Union promise (1) that Plaintiffs will forthwith dismiss with prejudice the action designated Adams , et al . v. County of Contra Costa, et al . , Contra Costa County Superior Court No. 260001 (hereinafter the "Action" ) and provide County with a copy of said dismissal within 10 days, and (2) that they will not refile any cause of action relating to the subject matter of said Action, including, but not limited to , any action challenging any allocation, disbursement or expenditure of Special District Augmentation Fund (SDAF) monies . 2. In consideration of the aforestated promises of Plaintiffs and Union, County promises that, commencing with the 1984-85 fiscal year and subject to law in effect at the time of future allocations, the County shall allocate from the Special District Augmentation Fund (SDAF) monies as follows: A. For the 1984-65 fiscal year, County agrees to allocate from the SDAF 1983-84 carryover an amount not less than 80% of said carryover for the use of any or all Fire Districts. At least 87 . 5% of said .amount shall be available to maintain operations and the remaining balance of 12. 5% shall be available for capital expenditures or operations . The distribution to specific fire districts of the foregoing funds is to be determined by the Board of Supervisors following discussions with the districts as to the identified needs of each district. B. For fiscal years 1984-85 and each fiscal year thereafter, the County shall allocate to fire districts, both County-governed and independent, at least 800 of the total of amounts contributed to the SDAF for the fiscal year. Said 80% for the fiscal year shall not include any unencumbered fire district fund balances. At least 87 . 5% (7/8) of the total amount allocated to fire districts shall be for maintenance and operation purposes; the remaining 12. 5% (1/8) of the total 8 r' amount allocated to the fire districts may be appropriated either for capital expenditures or for additional operating requirements, in such manner as the Board of Supervisors in its discretion deems fit. Each fiscal year, fund balances , if any, of the total amount allocated to the fire districts from the SDAF shall carryover to the following fiscal vear (s) and shall not at any time be considered as any portion of or otherwise be used as a reduction to the 80% of SDAF allocation funding to the fire districts . C. Commencing with fiscal year 1984-85 and each fiscal year thereafter, the County agrees that fire districts shall retain any balance at fiscal year end for fire district needs. Accordingly, the County agrees that any unencumbered fund balances at the end of a fiscal year shall be retained by each fire district. D. In the event any provision of this Agreement is declared null and void by superseding federal or state law, or determined by a court of competent jurisdiction to be nullified, illegal or unenforceable, such shall render this entire Agreement, null and void except the provision for attorney ' s fees and the provisions of Paragraph 1 (1) regarding the dismissal of Action No. 260001 . 3 . In consideration of the foregoing promises of Plaintiffs and Union, county agrees to pay Plaintiffs ' legal fees incurred in prosecuting the Action, an amount equal to $7 , 000. 00. 4 . Signatures . Plaintiffs , individually, and as representatives of all those similarly situated, and as Officers of the Union: �v AO ERT DATE15 NILS ANDERSON DATED /A-,e�40.p gt-�- ,$'A--UL CAMPBELL DA ED R SELL G EE DATED CHARLES PRIC .DATED GRE O HOLMES DATED -2- 001.39 i a, ----- BENTOIv t...I�H'I DAT Defendants in their 6ffi.cial capacities AANHDE? ._ DATED I 7RT SCFsRODI_;R - DATED -- ----- TORLAI:, —�— DA'i'F,D KYCITAn RATNIX DATED O`IALD BOU HET DATED 1-4 PHILIP J. BATCHELOR DATED 00140 -3-