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HomeMy WebLinkAboutMINUTES - 12061988 - 1.11 ,�,,,► 1-011 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 6, 1988 _ _ by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson., Schroder. NOES: None. ABSENT: None . ABSTAIN: None . RESOLUTION NO. 88/739 SUBJECT: RESOLUTION OF JERALD KELLY MANAGEMENT COMPLAINT In the matter of the management complaint filed by Jerald Kelly against Contra Costa County, it is 'by the Board of Supervisors ordered that the County Auditor- Controller pay Mr. Kelly the amount cited in the attached Settlement Agreement signed October 31, 1988. I hereby ce.tify that this is a true and correct copy of an action ta�cen an"' cntsred on the minutes of the Board of Surerlis" s on the date shown. � pIC7' ATTESTED: PHIL. BATCH- UC 1, C::;rY, of the Board oS Supervisors and Counly Administrator By , Deputy Orig. Dept.: Personnel CC: Auditor-,Controller Director of General Services RESOLUTION No. 77/739 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS 1 . Parties. Effective October 31, 1988 1988, this agreement is made by and between Jerald Kelly (KELLY) , the County of Contra Costa (COUNTY) and Barton - J. Gilbert, Director, Contra Costa County General Services (DIRECTOR) . 2. Subject. This agreement is a settlement of all existing. and possible differences between the parties concerning the "claims and grievances" of Gerald Kelly set forth in his letter of August 13, 1987, a copy of which is attached hereto, labeled Exhibit A, and incorporated herein by this reference, and any and all occurrences connected with or related to said "claims and grievances". 3 . No Admission. This agreement is not and shall never be considered to be an admission of any fault, error, wrongdoing, liability, or violation of any right of Kelly by the: COUNTY, the DIRECTOR, or any agent, officer, servant, or employee of the COUNTY or the DIRECTOR. 4. COUNTY and DIRECTOR Obligations. A. COUNTY and DIRECTOR agree to pay KELLY $3,192.50. B. COUNTY and DIRECTOR agree to restore to KELLY 53 hours of sick leave , 165 hours of vacation time, 26 hours of management leave, and 12 hours of floating holiday credit time. C. COUNTY also agrees to grant. a one (1 ) year grace period to use the vacation time granted in this agreement. 5. KELLY'S Obligations. In consideration for the above, KELLY agrees to the following: A. KELLY agrees to withdraw his complaint of August 13, 1987 (Exhibit A) from the Management Complaint Procedure, which complaint is hereby withdrawn. B. KELLY agrees and acknowledges that he has freely and voluntarily entered into this settlement agreement; that he had the opportunity to discuss the terms of this agreement with counsel of his choice; that he understands the provisions of this agreement; and that no promises or threats were made to him to induce him to sign this agreement, other than the promises set forth herein. 6. Release. KELLY, on behalf of himself, his descendants, dependents, heirs, executors, administrators, and assigns , hereby releases and discharges the County of Contra Costa, Barton J. Gilbert, individually and as the Director of the Contra Costa County General Services Department, and their olf-ficers, employees , agents, successors, descendants, dependents, heirs , executors, admi- nistrators, and assigns , including but not limited to Kathy Brown, from all causes of action, claims, demands, damages , and liabilities of any kind, whether known or unknown, including but not limited to claims under federal , state or local employment and handicap discrimination law, claims for violations of civil rights under federal , state, county, or departmental law, regulations , or contract, claims for breach of contract, compensation, libel , slander, defama- tion, invasion of privacy, or conspiracy, now existing or hereafter arising from the matters described in Paragraph 2. Subject, above, or without limitation from any other cause whatsoever prior to the effective date of this settlement agreement. 7. Civil Code Section 1542 Waived. KELLY agrees that this settlement shall act as a release of future claims that may arise from the matters which are the subject of this settlement whether such claims are currently known, unknown, foreseen, or unforeseen , notwithstanding Section 1542 of the California Civil Code which provides that a "general release does not extend to claims which a creditor does not know or suspect to exist in his favor at the time of executing the release which if ;known by him must have materially affected his settlement with the debtor" and shall be in full settlement of every above-described dispute , claim, or cause of action. er ld Kelly Barton J. Gilbert Director, General Services Form approved by County Counsel ER1 :20 i i I i i EXHIBIT'.A 'I August 13 , 1987 Mr. Bart Gilbert General Services Administrator �����ra C c)s a 0 `x 625 Pine Street Martinez, California 94553 I Re: Claims\Grievances of Jerald Kelly Dear Mr. Gilbert: , i Pursuant to your request, I am putting together a list of the claims or grievances that I have in the hopes that by bringing them to you we can, as you have suggested, discuss them and nego-, bate a happy soldtlon to them. As you know, d was the assistant custodial superintendent on the 3 : 00 p.m. to 11: 00 p.m. shift from 1974. As you know, in that capacity, I had significant responsibilities including interview- ing new employees,I participation in the grievance procedure, as well as having responsibility for dispensing of supplies from the supply room. Additionally, I had seniority by virtue of my longe- vity with the County in a job classification that had several similarly classified employees, giving me security against a lay- off. My claims/gri'evances stem from the handling that has been accorded to me by ;the County through one Kathy Brown, following the accident that caused me to miss some time from work. Basic=. ally what has happened is that Ms. Brown, and therefore the County, refused to let me return to work on August 25 , 1985 when I was released to return to work by my doctor. The claim was that the job had changed. After much duress and- considerable effort, including both my .attorney and myself , the County ultimately let me come back to work in the same condition, and I have been on my job since November; ll, 1986. However, the abuse at the hands of Ms . Brown did not end at that point and she continued to subject me to medical examinations and attempted to cause me to be shifted to a different classification with restricted activities. Addi= tionally, she did not put me back on the shift that I was on which has caused me considerable difficulty in adjusting. I have also been deprived of the responsibilities that I had as the assistant a custodian superintendent. Now, I find that Mr. Jerry Reddick, who is junior to me in! seniority, has been advanced over me, basically Mr. Bart Gilbert August 13 , 1987 Page 2 being given many of the responsibilities that those of us fulfill- ing the job as assistant custodial superintendent used to have. This leaves me ini' a single class position with effectively no job security in the event of a lay-off . It also leaves me -embarrassed and humiliated to ! have someone that was previously subordinate to me now effectively being my superior. Thus, the following is what I would request as a means of resolving this matter without the necessity of proceeding further: 1. A returnito the 3 : 00 p.m. to 11:00 p.m. shift, or at least a sharing 0f 'that shift with others , rather than giving me the less desirable 5 : 00 p.m. to 1: 00 a.m, shift. 2. A return )-of the responsibilities of the assistant custod- ial superintendent including responsibilities for hiring, griev- ance procedures, and responsibility for the supply room. (I would add that these responsibilities were taken away and they are certainly the easiest of the responsibilities in terms of fulfill- ing my job obligations . ) 3 . A re-establishment of my seniority over Mr. Reddick, whe- ther by returning him to the same job classification as I have, or a change of my job classification to the same as his with my date of origination being one day before his. 4 . Compensation for my losses from August 25, 1985 until I was permitted to return to work on November 11, 1986. This in- cludes the following: a) Theltwenty five percent ( 25%) salary loss betweeniwhat I would have earned versus what I was paid in terms of disability. b) A reinstatement of all sick leave used during that time period. c) Reinstatement of floating holidays, management leave and vacations used during that time period. d) Compensation for floating holidays, vaca- tion time, management leave and 'holidays not accrued while I was forced to be on sick leave during that time period. e) Reinstatement of sick leave that should have been earned during that time period. jl Mr. Bart Gilbert August 13 , 1987 Page 3 .f) Attorney' s fees in the amount of $3 ,500. 00 to reimburse my attorney for the time that he has had to spent in conjunction with my admin- _ . istrative battles with the County. These are the issues that are critical to me and that deal with things that I believe we can resolve at this point. Obvious- ly, I have a considerable amount of other damage or problems relating to the way that I have been treated by the County, but I am willing to live .with those if we can resolve the above issues . Obviously, if they cannot be resolved, then I reserve the right to raise these other issues in the future. Finally, I would appreciate it if you would confirm for me that I am proceeding through my administrative remedies properly and that if you and I cannot resolve these problems, the next step would be for the institution of non-binding arbitration which would be my fir_al 'administrative step prior to proceeding to court. Thank you for your cooperation. Very truly yours , JERALD KELLY JK:pr