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HomeMy WebLinkAboutMINUTES - 08291989 - 1.25 t' D THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 29 , 1989, by the following vote: AYES: Supervisors Fanden, Schroder,T6TIdkson NOES: None ABSENT: Supervisors Powers , McPeak ABSTAIN: None n SUBJECT: Settlement in "Adams, et al. v. Contra Costa Fire Protection District, et al . " U.S. District Court, Northern District, Case No. C88-1388 SAW (FW) As the Governing Board of the Contra Costa County Fire Protection District, Moraga Fire Protection District, Orinda Fire Protection District, Riverview Fire Protection District, and the West County Fire Protection District, the Board approves the attached Settlement Agreement and Release in "Adams , et al . v. Contra Costa Fire Protection District, et al. , " U.S. District Court, Northern District, Case No. C88-1388 SAW (FW) , and authorizes Deputy County Counsel Kevin T. Kerr to execute the Settlement Agreement and Release on behalf of the Board, in its capacity as the Governing Board of said Fire Protection Districts . I hereby certify that this is a tare and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: PHIL BATCH R,Clerk of the Board of Supervisors and County Administrator SY �p�cy Orig. Dept: cc: County Administrator County Counsel dM adams SETTLEMENT AGREEMENT AND RELEASE This Agreement is made and entered into this day of 1989 by and between the Contra Costa County Fire Protection District ("Consolidated") , the Moraga Fire Protection District (I'Moraga") , the Orinda Fire Protection District ("Orinda") , the Riverview Fire Protection District ("Riverview") , the West County Fire Protection District ("West County") , and in its respective capacity as the governing board of said fire protection districts, the Contra Costa County Board of Supervisors ("Board") , Robert Schroder, Thomas Powers, Nancy Fanden, Sunne Wright McPeak, and Thomas Torlakson, each in his or her official capacity as a former and present member of the Board (hereinafter collectively referred to as "Defendants" unless specified otherwise) and named plaintiffs Robert Adams, Rene Penaloza, Darrell Lee, Michael Tully, Charles M. Price and Craig Watts and those who filed Consent to Become Party Plaintiff pursuant to the provisions of 29 U.S.C. Section 216 (b) , as well as United Professional Fire Fighters, I.A.F.F. , Local 1230 ("Local 123011) (hereinafter collectively referred to as "Plaintiffs" unless specified otherwise) . I. RECITALS A. The Plaintiffs filed a Complaint and First Amended Complaint for Overtime Pay, Liquidated Damages Pursuant to Fair Labor Standards Act ("FLSA") and for a Declaration of Rights in the United States District Court for the Northern District of California entitled Robert Adams, et al. v. Contra Costa Fire Protection District, et al. , Case No. C-88-1388 SAW(FW) ("the lawsuit") , seeking alleged unpaid overtime compensation, a declaration of rights, liquidated damages, interest, attorneys' fees, costs and expenses. B. . Plaintiffs' lawsuit contains six claims as follows: 1. The First Claim contends that Consolidated, Riverview and the Board did not include certain forms of remuneration in a timely manner in the "regular rate" from which Plaintiffs' FLSA overtime pay is calculated. Said Defendants contend that they included such remuneration in .the "regular rate" for Plaintiffs, and that the delay was in good faith. 2 . The Second Claim contends that Consolidated, 2 Orinda, Riverview and the Board failed to properly include a certain "one time payment of one thousand dollars" in the regular rate from which Plaintiffs ' FLSA overtime pay was calculated. Said Defendants contend that they were not required to include the "one time payment" in the "regular rate, " but nevertheless did so include it. Said Defendants further contend that their calculations were correctly based on actual hours worked in the work period, and that the delay was justified and in good faith. 3 . The Third Claim contends that Consolidated and the Board improperly delayed the payment of FLSA overtime to Plaintiffs. Said Defendants contend that the timing of FLSA overtime payments was and is lawful, and that their actions were and are in good faith. 4. The Fourth Claim contends that Consolidated and the Board failed to properly calculate the FLSA overtime due certain Plaintiffs who were assigned to the Communications Center for more than twenty (20) percent of the total hours worked by said Plaintiffs in the applicable work period. Said Defendants contend 3 that such Plaintiffs can be required to perform dispatch responsibilities under such circumstances without losing the FLSA Section 7 (k) exemption. 5. The Fifth Claim against Consolidated and the Board contends that the hours spent by certain Plaintiffs attending certain lectures, meetings, training programs and similar activities constitutes compensible "hours worked" or working time for purposes of calculating FLSA overtime entitlement. Said Defendants contend that certain Plaintiffs' time in attendance at such activities was not "hours worked" under the FLSA. 6. The Sixth Claim, a pendent state law claim, against Consolidated, Moraga, Orinda, Riverview, West County .and the Board, contends that when Plaintiffs are on leave without loss of pay status, Plaintiffs are entitled to receive an undiminished amount of pay for the pay period in which the leave is taken, including compensation for regularly scheduled overtime pursuant to the FLSA. Said Defendants contend that Plaintiffs' sixth claim is not supportable by facts or law. 4 C. On July 11, 1988 the Court, pursuant to motion, dismissed Moraga, West County and the Board, in its representative capacity as the governing body of those two fire protection districts, from Plaintiffs' Sixth Claim for lack of jurisdiction. Said .Defendants_ are nevertheless parties to this Settlement Agreement and Release. D. On or about June 2 , 1988, Defendants filed an answer to the lawsuit in which they denied that their actions violated the FLSA or state law, in which they asserted various affirmative defenses to the lawsuit, and in which they prayed that Plaintiffs recover nothing by virtue of the lawsuit and that Defendants recover costs, interest and attorneys' fees. E. It is now the desire and intention of the Plaintiffs and Defendants to settle and resolve all disputes, differences and claims which exist between them as of the date of this Agreement and arising out of the lawsuit, including those which had previously been dismissed by the Court for lack of jurisdiction. Each party hereto expressly denies any wrong- doing or other actionable conduct, and by entering into this Settlement Agreement and Release, does not admit any fault or liability to the other parties hereto, or to any party in said 5 lawsuit. This Settlement Agreement and Release is entered into voluntarily, to bring to a conclusion the subject claims, and to avoid further costs, expenses, and risks associated with litigation. Pursuant to and in accordance with this desire, and in consideration of the mutual promises and releases contained herein, Plaintiffs and Defendants agree as set forth below. II. AGREEMENTS A. Consolidated employees ' off-duty time spent in attendance at certain Consolidated and Board "development courses" (that is, the pump operator training, heavy apparatus driving, emergency vehicle operations, wildland fire management, structural fire management, and principles of structural firefighting development courses) on or after July 1, 1989, will be treated by Consolidated and Board as "hours worked" under FLSA. Plaintiffs and each of them do hereby forever release and .discharge Defendants and their employees, officers, trustees, successors, assigns, agents, attorneys and representatives from any and all causes of action, judgments, liens, indebtedness, damages, losses, claims, liabilities, and demands of whatsoever kind and character in any manner whatsoever attributable to, arising out of, or connected with FLSA overtime compensation 6 arising out of Plaintiffs ' enrollments in said "development courses" prior to July 1, 1989. Plaintiffs, Consolidated and the Board agree that Consolidated is not obligated to offer any of said "development courses" subsequent to June 30, 1989 . B. Commencing with the work week (for FLSA Sec. 7 (a) employees) and the work period (for FLSA Sec. 7 (k) employees) which includes the date July 1, 1989, and at all times thereafter, employees of Consolidated, Moraga, Orinda, Riverview, West County and the Board, who are on authorized leave with pay status, will receive an undiminished amount of pay for the pay period in which the authorized leave with pay is taken, including compensation equal to compensation for regularly scheduled overtime pursuant to the FLSA. The parties have referred to this as the "Lanehart" rationale, pursuant to Lanehart v. Horner, 818 F. 2d 1574 (Fed. Cir. 1987) . This undertaking shall be subject to change by written agreement between said employers and the recognized employee organization, which is currently Local 1230, notwithstanding §II.J. of this Agreement. Plaintiffs and each of them do hereby forever release and discharge Defendants and their employees, officers, trustees, successors, assigns, agents, attorneys and representatives from any and all causes of action, judgments, liens, indebtedness, damages, losses, claims, 7 J V liabilities, and demands of whatsoever kind and character in any manner whatsoever attributable to, arising out of, or connected with. "Lanehart" compensation for work weeks or work periods prior to the work weeks or work periods which included the date of July 1, 1989 . Plaintiffs shall not be entitled to interest as to Defendants' payments of 'Lanehart' compensation for work weeks and work periods which include the date of July 1, 1989- through the work weeks and work periods to and including the date this Agreement is executed by all the parties. C. Defendants shall pay the amount of $10, 000. 00 as Plaintiffs' reasonable attorneys' fees. Except as so provided, each party shall bear its own costs, expenses, and attorneys ' fees. D. In order to bind Defendants and Plaintiffs, this Settlement Agreement and Release must be approved by an s appropriate representative of the United States Department of Labor. Notwithstanding that approval from the United States Department of Labor has not yet been obtained, Defendants will commence the actions set forth above in §II.A and §II.B. In the event that the United States Department of Labor does not approve this Settlement Agreement and Release, Defendants will 8 immediately terminate their actions set forth in $II.A and JII. B above, and any and all payments for off-duty attendance at "development courses" and/or payments of "Lanehart" compensation which were made by Defendants shall not be construed as an admission by Defendants of any fault or liability to the Plaintiffs, nor as a promise to make such payments of compensation in the future. E. Once approval of the Department of Labor has been obtained in accordance with $II.D above, and once this Settlement Agreement and Release has been fully executed by Defendants and the named Plaintiffs, Plaintiffs acknowledge that the foregoing claims have been settled, and agree to cause to be filed a stipulation of dismissal with prejudice of all claims in the lawsuit pursuant to FRCP Rule 41(a) (1) . Defendants agree to cooperate in the .execution of any documents necessary to accomplish said dismissal. F. Plaintiffs and each of them do hereby forever release and discharge Defendants and their employees, officers, trustees, successors, assigns, agents, attorneys and representatives from any and all causes of action, judgments, liens, indebtedness, damages, losses, claims, liabilities, and demands of whatsoever kind and character in any manner whatsoever attributable to, 9 arising out of, or connected with the claims contained in the lawsuit, except as otherwise provided in this Settlement Agreement and Release. G. Plaintiffs and each of them agree not to institute, cause to be instituted, or to participate in, either as a named or unnamed party or beneficiary, any charge, complaint, claim action, lawsuit or other proceeding against Defendants before any state or federal court, or any state or federal or other governmental agency or entity or any other contractual and/or administrative forum or other agency or entity, alleging any claim or cause of action contained in this lawsuit. H. Plaintiffs represent and warrant that the contents of this. Settlement Agreement and Release, and the meaning of its terms, have been explained to them by their attorneys, and that this Settlement Agreement and Release is executed voluntarily, with full knowledge of its significance. I. This Settlement Agreement and Release contains the entire agreement of the parties as to those natters covered hereby, and supercedes any oral or written understandings or agreements between the parties as to the subject matter of this 10 a Agreement. No agreement, statement, representation or promise by any party hereto which is not contained herein shall be valid or binding. J. Subject nevertheless to the provisions in $II.B. herein, no modification or amendment of this Agreement shall be of any force or effect unless in writing and executed by all parties. K. The named Plaintiffs, Robert Adams, Rene Penaloza, Darrell Lee, Michael Tully, Charles M. Price, and Craig Watts, and each of them, represent and warrant that they have full authority to execute this Settlement Agreement and Release on behalf of each and every person on whose behalf a Consent to Become Party Plaintiff was filed_ in the lawsuit. The .signatures of said named Plaintiffs to this Agreement constitute the signatures of each and every person on whose behalf a Consent to Become Party Plaintiff was filed in this lawsuit. Plaintiffs Date Robert Adams Date Rene Penaloza 11 Date Darrell Lee .Date Michael Tully Date Charles M. Price Date Craig Watts Date United Professional Fire Fighters IAFF, Local 1230 Defendants Date Contra Costa County Board of Supervisors, as the Governing Board of Contra Costa County Fire Protection District, Moraga Fire Protection District, Orinda Fire Protection District, Riverview Fire Protection District, and West County Fire Protection District 1/wdh/county.sar 12