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HomeMy WebLinkAboutMINUTES - 05201986 - 1.12 1-012 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 20, 1986 , by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Settlement of Litigation ) Donald Day v. Contra Costa ) County Employees' Retirement ) Association, et al'. ) . 1. The County Administrator and District Attorney concur with the County Counsel in recommending the Board accept the settlement of all claims of Donald Day, a copy of which is attached hereto. 2'. The settlement has been approved by the Contra Costa County Retirement Association. 3. Donald Day has executed the settlement agreement and general release as to the County of Contra Costa and the Retirement Association. 4. Accordingly THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ORDERS that said settlement is approved and that the County Administrator is authorized to execute the settlement agreement on behalf of the County of Contra Costa. I hereby Certify ti:r .tris Ig a true and Correct copy of ars actior�is'3ker.t:ne-ontered or the aninv!es of the Board of Supervisors on the data shown. ATTESTED: rc ._ao� gG, PHIL DATCHEL8111, Claris of the Board of Supervisors and County Administrator n By , Deputy Orig. Dept.: cc: Donald Day County Counsel District Attorney Retirement Administrator County Administrator Settlement Agreement and Release of All Claims MAY 12 1986 Martinez, CA 94553 1. Parties. Effective May 13, 1986, this agreement is made by and between Donald Day DAY), Contra Costa County (COUNTY), Gary Yancey, District Attorney (DISTRICT ATTORNEY) and the Contra Costa County Employees' Retirement Association and its Board (RETIREMENT) . 2. Subject. This agreement is a settlement of all existing and possible differences between the parties concerning DAY's classification as a general member of the Retirement Association during his employment by the COUNTY through the DISTRICT ATTORNEY, his appointing authority, and during his retirement. 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 DAY by the COUNTY, the DISTRICT ATTORNEY, RETIREMENT or by any agent, officer, servant or employee of any of them . 4. RETIREMENT and COUNTY agree to allow DAY to be classified as a safety member and receive a safety member's retirement allowance. RETIREMENT will pay DAY the difference in the amount he would have received since his retirement as a safety member and the amount received to date as a general member following Mr. Day's deposit of contributions as set forth below in paragraph 5. 5. DAY agrees: A. DAY will pay to RETIREMENT the difference between the contributions he made as a general member and those which would have been due if he had been a safety member. His payment shall be a condition precedent to the obligations of Retirement and the County set forth in paragraph 4. B. DAY agrees to withdraw his appeals to the Contra Costa County Merit Board against the County of Contra Costa and further promises not to take any action to perfect or recover on his claims or to sue with respect to these claims. A copy of this settlement agreement shall be sent to the Merit Board and constitute a withdrawal of his appeals. C. DAY agrees to withdraw his complaints to the California Fair Employment and Housing Department and the U. S. Equal Employment Opportunity Commission and further promises not to take any action to perfect or recover on these claims or to sue with respect to these claims. A copy of this settlement agreement shall be sent to each above-mentioned agency and shall constitute a withdrawal of his complaints. D. DAY agrees and acknowledges that he has freely and voluntarily entered into this settlement 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. DAY hereby on behalf of himself, his descendents, dependents, heirs, executors, administrators and assigns, releases and discharges the County of Contra Costa, Gary Yancey, Contra Costa County District Attorney, William O' Malley, former District Attorney, the Contra Costa County Employees' Retirement Association and its Board, and each and every officer, agent, ser- vant, or employee of the COUNTY and RETIREMENT individually and in their Page 1 of 2 4 capacities as such agents, servants and employees, and their successors, descen- dents, dependents, heirs, administrators and executors, from all causes of action, claims, demands, damages and liabilities of any kind whether known or unknown and including but not limited to claims for attorneys fees, for viola- tions of civil rights under federal, state, county, or departmental law, regula- tion, or contract, including unlawful age discrimination, now existing or hereafter :arising from the matters described in part 2. Subject, above, or without limitation from any other cause whatsoever prior to the effective date of this settlement agreement. DAY further covenants not to sue with respect to his employment with Contra Costa County or his retirement from employment. 7. C.C. 51542 WAIVED. DAY 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, not- withstanding 51542 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 of the debtor" and shall be in full settlement of every above- escribed dispute, claim, or cause of action. Donald y ate COUNTY OF CONTRA COSTA CONTRA COSTA COUNTY EMPLOYEES' RETIREMENT ASSOCIATION Date Date Gary Yancey, District Attorney Date Approved as to form Victor J. Westman County Counsel By: Elizabeth B. Hearey, Deputy Page 2 of 2