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Home My WebLink AboutMINUTES - 02272001 - CONVENE 02-27-2001 CONVENE MEETING OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY February 27, 2001 Chair Gayle B. Uilkema convened the meeting of the Board of Supervisors this day at 9:02 a.m., in the Board Chambers, Room 107, of the County Administration Building, 651 Pine Street, Martinez, California. The Deputy Clerk called the roll, Supervisors present were: John Gioia, District I; Supervisor Federal D. Glover, District V and Chair, Supervisor Gayle B. Uilkema The Chair then adjourned the meeting to Closed Session in Room 105 of the County Administration Building pursuant to the attached Closed Session Agenda. At 10:10 a.m. with all five Supervisors present, the Board reconvened in its Chambers. County Counsel stated that there were no Closed Session announcements. The Board then proceeded with its Agenda. At 4:40 p.m., following the Board's return from the afternoon Closed Session, County Counsel reported that the Board approved final settlement of the claim by Sylvia Sancen in accordance with the provisions of the settlement agreement. The vote was unanimous. The meeting adjourned at 4:41 p.m. Attested: February 27, 2001 Phil Batchelor, Clerk of the Board and County Administrator By: arbara S. ra Deputy Clerk Nv i P• Supplemental Calendar of Closed Session Items For The Board of Supervisors of Contra Costa County and for Special Districts, Agencies and Authorities Governed by the Board Tuesday, February 27, 2001, 9:00 a.m. and thereafter Board Chambers, Room 107, and Room 105 Administration Building 651 Pine Street, Martinez, California and Oak Room, Contra Costa Country Club 801 Golf Club Road Pleasant Hill, California A. CONFERENCE WITH LABOR NEGOTIATORS 1. Agency Negotiators: Leslie Knight, Kathy Ito and Keith Fleming. Employee Organizations: Contra Costa County Employees' Assoc., Local No. 1; AFSCME Locals 512 and 2700; Calif. Nurses Assoc. (CNA); Social Services Union SEIU Local #535; C.C.C. Appraiser's Assn.; District Attorneys Investigators Assoc.; Deputy Sheriffs Assn. (DSA); United Prof. Firefighters, Local 1230; Physicians' & Dentists' Organization of Contra Costa; Western Council of Engineers; United Chief Officers Association (UCOA); SEIU Health Care Workers Local No. 250 and Oakley-Knightsen Firefighters' Association. 2. Agency Negotiators: Leslie Knight, Kathy Ito and Phil Batchelor. Unrepresented Employees: All unrepresented agency management employees (Resolution No. 2000/372 including its Exhibits), unrepresented nursing classification employees and all other unrepresented agency employees. B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) 1. Lucy's Sales, et al. v. Contra Costa County, et al., U.S. District Court No. C98- 02955 2. Udy v. Contra Costa County, CCC Superior Court No. C 00-01527 3. Hunsaker, et al. v. County of Contra Costa, et al., U.S.D.C. No. Dist. No. C95- 1082 MHP 4. Natalie Sue Allen v. Contra Costa County, WCAB No. 0011831 C. LIABILITY CLAIMS Claimant: Sylvia Sancen Agency claimed against: Contra Costa County D"ACLERWA m d Sessbn Apen0as12W1V-27-01.wp0 Office of the County Counsel Contra Costa County 651 Pine Street, 9th Floor Phone: (925) 335-1800 Martinez, CA 94553 Fax: (925)646-1078 Date: February 28, 2001 � Aj To: Ann Cervelli,. Clerk of the Board of Supervisors MAR - 1 T001 CIERKF,C`.. From: Silvano B. Marchesi, County Counsel Kl� Corq;;.r;��y�'� ;��,scRs By: Kevin T. Kerr, Deputy County Counsel Re: Settlement Agreement with Sylvia Sancen Attached is a copy of the settlement agreement approved by the Board of Supervisors in closed session yesterday. KTK\kv Attachment r SETTLEMENT AGREEMENT. 1. Parties: Effective February 27, 2001, this Agreement is made by and between Sylvia A. Sancen (Sancen) and the County of Contra Costa (County) on behalf of the Sheriffs Office. 2. Subject: This is a settlement of all existing and possible differences between the parties directly or indirectly related to the subject matter of Sancen's complaint filed with the State Department of Fair Employment and Housing and the U.S. Equal Employment Opportunity Commission.in November 1998. 3. The Parties Agree as Follows: A. Within thirty (30) days of the effective date of this.Agreement, the County agrees to pay to Sancen the sum of$ 40,000. B. Within ten (10) days of the effective date of this Agreement, the County agrees to remove all previous background investigative materials and all documents underlying the matters described in part 2, "Subject," above, from Sancen's personnel file. C. The County agrees to provide Sancen the opportunity to work per diem as a.Sheriffs Office Dispatcher for a period of up to three years if her performance remains satisfactory. D. Upon Sancen's return to Sheriffs Office employment, Sancen will only be entitled to the seniority she is allowed under the Memorandum of Understanding between the County and the Deputy Sheriffs' Association. E. After Sancen works as a per diem Dispatcher for six months (based.on working approximately two eight-hour-shifts per week), she may become a full-time Dispatcher at the top salary step, subject to all of the following: (1) At the end of the six months, Sancen receives an overall satisfactory evaluation from the Dispatch Center Director; (2) Sancen signs a written release authorizing the Sheriffs Office to inquire into her employment with the San Jose Fire Department for purposes of a background check; and Page 1 of 2 ,a (3) Sancen passes such a background check. 4. Sancen Further Agrees as Follows: Sancen agrees and acknowledges that she has freely and.voluntarily entered this Agreement; that she had the opportunity to discuss the terms of this Agreement with counsel or other representative of her choice; and that no promises or threats were made to her to induce her to sign this Agreement, other than the promises set forth herein. 5. Release by Sancen: In consideration of the above, Sancen hereby fully releases and discharges County, the Sheriff, the Sheriffs Office, and their administrators, officers, employees, agents, and attorneys, from all causes of action, claims, demands, damages, and liabilities of any kind, whether known or unknown, now existing or hereafter arising from the matters described in part 2, "Subject," above. A. Civil Code Section 1542 Waived by Sancen: Sancen agrees that this settlement shall act as a release of future claims that may arise from the matters which are its subject 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 know 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. 6. Costs. Each party shall bear its own costs. 7. Signatures. Dated: Contra Costa County I Dated: 0� II SylVia A. Sanceh Page 2 of 2