HomeMy WebLinkAboutMINUTES - 04201993 - 1.34 TO: BOARD OF SUPERVISORS 1 -34
FROM: Phil Batchelor, County Administrator ,f; s'"�.;• Contra
i
.;�. 1.
Costa
DATE., March 26 1993
:4oa County
SUSUECT: Settlement of Litigation - Appea I of Joan Zamo to ••c3
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)AND JUSTIFICATION
RECOMMENDATION:
Receive this report concerning subject settlement and authorize the Personnel Director
execute the settlement agreement with Joan Zamolo and enroll her in the County dental plan
of her choice.
REASONS FOR RECOMMENDATION:
Victor J. Westman, County Counsel has advised the County Administrator that within
authorization an agreement has been reached settling the Appeal of Joan Zamolo.
Joan Zamolo has executed a Settlement Agreement with the County of Contra Costa and has
dismissed her appeal.
This action should be taken so that the terms of this settlement are known publicly.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE UPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
_UNANIMOUS(ABSENT r- 1 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
ATTESTED_ APR lam
CONTACT: County Counsel " BATCHELOR.CLERK OF THE BOARD OF
SUPERV ISORSANDCOUNTYADMINISTRATOR
CC: County Administrator
Personnel Director
District Attorney
BY ,DEPUTY
I
COUNTY COUNSEL
CONTRA COSTA COUNTY Contra t..Ogta t,�
REOEI VEIL
A"
i r�»R n �g93
Date: March 26, 1993
Office of
To: Phil Batchelor, County -mi-n-i'strator ,fY Admanistr
From: Victor J. Westman fun �� el
By: Edwar rr2 r. , ty
Re: Announcin Sed leme of the Appeal of Joan Zamolo.
............................ ..................(.../..................................................................................................................................................................
.............................................................................................................................................................................................................................
Attached is a Board Order authorizing the Personnel Director to
execute the settlement agreement with Joan Zamolo settling her appeal .
The settlement was authorized on February 2, 1993, in closed session and
may now be announced.
The matter should be placed on the Board Agenda as a consent item
which should read as follows:
"Receive report concerning litigation matter, Appeal of Joan
Zamolo, and authorize Personnel Director to enroll her in a
County dental plan."
Also attached for your information are copies of the Confidential
Board Order and settlement agreement.
EVL:oo
SETTLEMENT AGREEMENT
(Compromise Settlement and Release)
1. PARTIES. Effective, � w /,- / T. , this agreement is
made between JOAN ZAMOLO (ZAMOLO), GARY YANCEY, DISTRICT ATTORNEY, (YANCEY) , and
the COUNTY OF CONTRA COSTA (COUNTY).
2. PURPOSE. This agreement is a compromise settlement and release whereby
ZAMOLO dismisses her claim of discrimination against YANCEY and the COUNTY and
releases any rights and claims arising from the disputes and differences arising
from her layoff from COUNTY employment and her subsequent appeal to the Merit
Board dated September 21, 1992.
3. NO ADMISSION. This agreement is a compromise of the above-mentioned
disputed claim and the COUNTY and YANCEY do not admit or shall this agreement
ever be considered as an admission by it of any liability to ZAMOLO due to the
termination of her employment or of events leading to such termination.
4. COUNTY AGREES. COUNTY agrees to allow ZAMOLO to enroll in her choice of
either the Delta or Safeguard Dental Family Plans on the terms and conditions
applicable to retired employees.
5. WAIVER. In consideration of the above-mentioned action to be taken by
the COUNTY, ZAMOLO hereby dismisses with prejudice her appeal from her layoff
from County employment effective August 31, 1992, and on behalf of herself, her
descendants, dependents, heirs, executors, administrators, and assigns, waives
any rights she may have to contest such resignation or to future employment of
any kind and at any time by the COUNTY, and hereby fully releases and discharges
the COUNTY and its descendants, dependents, heirs, executors, administrators, 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 now have against the other parties and
their above-named successors, officers, employees, and agents stemming from her
termination from COUNTY employment effective August 31 , 1992.
6. C.C. § 1542 WAIVED. This compromise settlement, notwithstanding § 1542
of the California Civil Code which provides that " A general release does extend
to claims which a creditor does not know or suspect to exist in her favor at the
time of executing the release, which if known by her must have materially
affected her settlement with the debtor." shall be a full settlement of said
dispute, claim, or cause of action. Such compromise settlement shall act as a
release for future claims that may arise from the termination of employment
effective August 31 , 1992, whether such claims are currently known, unknown,
foreseen, or unforeseen. The parties understand and acknowledge the significance
and consequence of such specific waiver of § 1542 and hereby assume full
responsibility for any injuries, damages, losses, or liabilities that they may
hereinafter incur from the above-specified dispute.
Dated: Dated: 3liS��
COUNTY OF CONTRA COSTA JOAN ZAMOLO
By: Ha y D. Cisterman,
Vsonnel Director
I hereby certify that I am the union
representative representing Joan Zamolo,
and that I have explained the terms of this
release to her, tib—=—���- 4-se��
and that this release
was in fact signed by her.
w
i Hick's
Page 2 of 2
THE BOARD OF-SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this order on February 2, 1993, by the following vote:
AYES: Supervisors Powers, Smith, Bishop, McPeak, Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Litigation Settlement Authority -- Appeal of Joan Zamolo
The County Counsel having met with the Board of Supervisors in closed
session to discuss settlement for the above subject litigation; and
The County Counsel , Personnel Director, and District Attorney having
recommended that the Board of Supervisors authorize settlement of the above-
referenced appeal by allowing Joan Zamolo to enroll in a County dental plan in
the same manner as other retired employees:
NOW, THEREFORE, it is by the Board ORDERED that:
1. The recommendation of the County Counsel , Director of Personnel , and
District Attorney is APPROVED.
2. The County Counsel shall promptly advise the County Administrator of
any settlement, so that the Board of Supervisors can affirm and
publicly report it.
I hereby certify that this is a true
and correct copy of an action taken
by the Board of Supervisors on the
date shown.
ATTESTED:
PHIL BATCHELOR, Clerk of the
Board of Supervisors and County
Administrator
By Deputy
Orig. Dept: County Counsel
cc: County Administrator
Personnel Department
District Attorney
CONFIDENTIAL