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HomeMy WebLinkAboutMINUTES - 01171984 - 1.45 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA +: January 17 , 1984 Adopted this Order on ,by the following vote: AYES: Supervisors Powers , Fanden, Schroder , McPeak, Torlakson. NOES: None . ABSENT: None. ABSTAIN: None. SUBJECT: Suspension of Competition The Board received a memorandum dated January 4 , 1984 , from the Director of Personnel advising of the suspension of competition and direct appointment of three employees in the class of Eligibility Work Supervisor I, effective December 1 , 1982 , said action having been taken pursuant to settlement agreement in appeals from examination results , a copy of said agreement being attached hereto and by refer- ence incorporated herein; IT IS BY THE BOARD ORDERED that receipt of the aforesaid communication is hereby ACKNOWLEDGED. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of supervis 3 on the date shown. ATTESTED: J J.R. OL ,SCN, COdfNTY CLERK and ex officio Cierk of the Board 13y , Deputy f Orig. Dept.: County Administrator Personnel Director . 304 SETTLEMENT AGREEMENT AND RELEASE 1. PARTIES. Effective December 21 , 1983, this agreement is made by and between Pamela Morgan, Naomi Martinez, and Martha Hargraves (hereinafter Appellants) ; and Robert E. Jornlin on behalf of the Contra Costa County Social Service Department and Harry D. Cisterman on behalf of the Contra Costa County Personnel Depart?gent (hereinafter Respondents) . 2 . PURPOSE. This agreement is a com.p--omise settlement and release between the above-named parties in the natte_- of the Merit Board Appeals of Naomi :Martine.;, Pamela Morgan, and Nlarthi: Har raves . 3 . ' 0 ADMISSION . This a::,,reeir,ent is a compromise of the disputes whic gave rise to t e above-mentioned appeals a;::I the Respondents do not admit , nor shall this agreemeT:_ ever be considered an admission by Respondents of any fault, liability , o vio__ bio- of any right of any Appellant, or violati,-n of an`. 1^i: ✓iI c:r y :Cr.:e ?t orr -y any agent , servant , or e:iployee of a:1 Fcspor .ent . 4. RESPONDENTS ' OBLIGATICiivS . A. Respondents Ilerehy agree to appoint all three Appellants to permanent Eligibility Worrier Super,. isor I pCsitions at the top step of the salary range effective December 1, 1982 , subject to any rights per- fected b-- other candidates who may hereafter challenge these appointments . B. Respondents agree that in the event that other candidates challenge the appointments of Appellants , Respondents will exercise good faith efforts in litigating and defendinb such appointments . C. Fespondents wi11 retain all three Appellants as provisional Eligibility Worker Supervisor I ' s -_, til the _Nape=-=.,=ork on their permanent appointments is completed. D. Respondents agree that eac person appointed to a Eligi- bility Work Supervisor I position after December 1 , 1982 will receive new seniority dates of December 1, 1982 , except that those four persons appointed in lc'_sgust and November of 1983 willreceive a December 1 . 1982 seniority date only upon successful com.plet-gin ` f" their respective probationary periods . E . Respondents agree to p.�_iy to Naomi Martinez the su::. of $540 . 00 as retroactive d' ferential pay. P--� Re ents-seknew4edghat- e-ta=?-Eli gib�lity-Work-Supervisor �'s-who-ere-Pet _�ead�-a�-the-tep- ize;:-of_t e_saiar��_range-will-be p3aced-at-the-top-step-on-the-e.ffet-Elve-de-te-of- z e-agreement . 5 . APPELLANTS ' OBLIGATIONS. cons iaeration for the above , the Appellants and each of them, ag.r.ee co tie .following: A. The Appellants hereby dismiss their respective appeals to the Merit Board challengin the Eli;cibility Worker Supervisor I examination. Fa e 1 of 3 3015 B. Appellants Pamela Morgan and Naomi Martinez agree to with- draw their appeals to the Equal Employment Opportunity Commission and the Department of Fair Employment and Housing challenging the 1982 Eligibility Worker Supervisor I examination. C.. Appellants agree that they will not file any further appeals or complaints with any department or agency of the State, Federal, or County Governments with rec-ards to the 1982 Eligibility _. Worker Supervisor I examination. D. Appellants agree that they will not file a lawsuit against the County of Contra Costa , its agents , emplovees , officials , or servants , in any court ofthe Stat& of California or of the United States regarding the 1952 Eligibility Worker Supervisor I e=xamination. E . Appellants agree and a_kncvledge that t-ey 'La.ve freely and voluntarily entered into this sett_errent a,ree�_.ent . F. Appellants agree that each person appointed to an Eligibility worker. Supervisor I position. after December 1 , 1982 will receive new seniority dates of December 1, 1982 , except that those four persons appointed in August and N, ember of 1983 will receive a December 1, 1982 seniority date only upon successful completion of their respective robbationary periods . .xl S a-I-r-e-ad --a-t--t-h -top_-s-t-ep--a€-t4i­e-e a-la-rte-r�� w r��-be- - -� t -s t -oma-t-he-e€€ 1t i��e -cater -o-€-t- i-s--age. H. appellants waive all claims to bac'_: pay and differential pay except as expressly provided herein. .6 . COSTS. .ach party will bear their o,.T.-, costs . .'appellants expressly waive all attorney fee c=alms . 7. RELEASE. Appellants , and each of them, on behalf of them- selves, their deTendants, dependants , heirs , executors , administrators , and assigns , hereby release and discharge the County of Contra Costa, a political subdivision of the State of California, its officers , employees , agents , successors , descendants , dependants , heirs , executors , administrators , and assigns , from all causes of action, whether past , present or future , known or unknown, stemming from the 1982 Eligibility Worrier Supervisc_ I examination . Appellants : ResTonde ts : Naomiartlnez overt E. Jcot in, Director Contra Cos a County Social Services Dlepartment r e a . o gan _ 306 V C!/L Zl arry l.isterman Conn_. _ osta Countv Personnel I hereby certify that I am an attorney representing Naomi Martinez and Pamela Morgan, that I have explainted the terms of this agreement to them, that I have advised them to execute this agreement, and that this agreement County Counsel was in fact signed by each appellant as indicated. DEC 2 0 1963 Martmez, CA 94553 ThOMAS 11. MEYER Attorney at Law I hereby certify that I am a business agent for Local 535 representing Martha Hargraves , that I. have explained the terms of this agreement to her, that I have advised her to execute this agreement, and that this agreement was in fact signed by her as indicated. F U I N HAAs, BIFsinesy Agent. 307 �e..