HomeMy WebLinkAboutMINUTES - 07121988 - 1.32 1-032
TO: BOARD OF SUPERVISORS n,�,.,
FROM: Harry D. Cisterman, Director of V
Personnel �,,��,tra
By: Eileen K. Bitten, Manager-Employment Programs Cowa
DATE: June 30, 1988 County
SUBJECT: Agreement between Contra Costa County Social Service Department
and Arnetta Gayfield
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
The Director of Personnel recommends approval of the attached compromise
settlement and release between Contra Costa County Social Service Department
and Arnetta Gayfield and authorize the Auditor-Controller's Office to pay Ms.
Gayfield the sum of $3,168.00 in full settlement of her discrimination claim.
BACKGROUND
In . September 1985, the position of the West County Volunteer Program
Coordinator became vacant. This position was not filled until April 1986.
During that period, a portion of the duties formally assigned to the
Coordinator's position were in fact performed by the Clerk in the program.
After several informal requests for compensation, Arnetta Gayfield (Clerk) filed
a formal complaint with the Personnel Department requesting compensation for
duties performed in the absence of the Coordinator.
CONTINUED ON ATTACHMENT: YES SIGNATURE: 1"�• �,� e ,�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
S1GNATURELS1:
ACTION OF BOARD ON July 12 , 19-88 - APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT -- AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES. AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: _ ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: Personnel Department ATTESTED _ July 12 , 1988
County Administrator PHIL BATCHELOR, CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Auditor-Controller 6/
Social Service
M382/7-83 BY .DEPUTY
r,
Compromise Settlement and Release
1. PA, IES. Effective July 13, 1988, this agreement is made between
Arnetta Gayfield(hereinafter Gayfield); Contra Costa County (hereinafter
County); and James Rydingsword, Director of Social Services (hereinafter
Rydingsword).
r
2. tkaLOU. This agreement is a compromise settlement. and release
between the above-named parties in the matter of the claim of discrimination by
Gayfield.
3. NC_ADMISS�ION. This agreement is a compromise of the disputes which
gave rise to the above-mentioned disputed claim and neither the County nor
Rydingsword admit, or shall this agreement ever be considered an admission by
them of any fault, liability to Gayfield due to the events leading to Gayfield's
claim that she was discriminated against and denied acting pay.
4. COUNTY'S BLIGATIONS.
A. The County hereby agrees to pay to Gayfield the sum of $3,168.00 in
full settlement of all Gayfield's monetary claims arising out of her above-
mentioned claim.
B. The County agrees to create a new job class of Assistant Volunteer
Coordinator at a salary range of $1,991.00 to $2,195.00.
C. The County agrees Gayfield will be reallocated from Clerk-Senior
Level to Assistant Volunteer Coordinator effective May 1, 1988 with a salary of
$1,991.00.
5. WAIVER. In consideration of the above-mentioned actions to be taken by
the County, Gayfield on behalf of herself, her descendants, dependents, heirs,
executors, administrators, and assigns, hereby fully releases and discharges the
County and Rydingsword and their successors and assigns, officers, employees and
agents from all causes of action, claims, demands, damages, and liabilities of
any kind whether known or unknown, which she or her above-mentioned successors
may not have against the other parties and their above-named successors,
assigns, officers, employees, and agents stemming from Gayfield's complaint.
6. C.Q. 1542 WAIVED. This compromise settlement, notwithstanding S 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 of the debtor." shall be in full settlement of said
disputed claim or cause of action. Such compromise settlement shall act as a
release of future claims that may arise from the factual allegations of the
claim referred to in Paragraph 2 above, whether such claims are currently known,
unknown, foreseen, or unforeseen. Gayfield understands and acknowledges the
f
1
significance and consequence of such specific waiver of S 1542 and hereby assu-
mes full responsibility for any injuries, damages, losses or liabilities that
she may hereinafter incur from the above-specified dispute.
ARNETTA GAYFIE COUNTY OF CONTRA COSTA and
YDIN W D:_
Arnetta Gayfield B James Rydi wordW Director
Contra Costa County
Social Service Department
FORM APPROVED:
Victor J. Westman, County Counsel
By:
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