HomeMy WebLinkAbout1999 [01] Jan 28
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Page 3464
January 28.1999
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Pursuant to due cali and notice thereof, the City Council for1he City of St. Joseph met in special
session on January 28, 1999 in a closed session at 6:30 p.m. and in open session at
approximately 6:50 p.m. in the St. Joseph City Hall.
Members Present: Chair Kenneth J. Hiemenz. Councilors Bob Loso, Mary Niedenfuer, Ken Twit,
Cory Ehlert.
Others Present: City Attomey John Scherer.
The meeting was opened at approximately 6:50 p.m. Councilor Twit asked for clarification of the
insurance premium to be paid. Ehlert indicated that it was his understanding that $ 6,558.48 was
the maximum to be paid by the City of St. Joseph. Twit presented the following motion:
1. That the agreement mediated by the EEOC on January 27, 1999, relative Rachel
Stapleton's employment is approved. The principal terms approved are as foliows:
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a. Stapleton will dismiss her charge of discrimination and rele~se the City of St.
Joseph from any and all claims (which have been asserted or could be asserted)
against the City of St. Joseph.
b. Stapleton will submit her voluntary resignalion effective January 29, 1999.
c. The City Will pay Stapleton thirteen (13) weeks severance pay, based on her
current rate of pay. (The severance payments represent approximately one (t)
week for each year of service).
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d.
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Stapleton will-be entitled to .twenty-four -(24) months of employer contribution to
medical/dental group plan insurance (to be used ~ Stapleton or her spouse).
The cost to the City shaU not exceed -Six ThousandFm HundredFjfty-.eigbt and
48/100 Dollars
($ 6,558.48).
e. Stapleton shaU be paid for all accrued vacation, sick leave and compensation
time benefits, in accordance with the City's personnel policy.
f. The League of Minnesota Cities Insurance Trust shall pay Stapleton and her
attorney, Brian Cote, the sum of Seven Thousand Five Hundred and 00/100
Dollars ($7,500.00).
g. The City shall not admit to any liability or wrong doing.
2. That the specific reasons for approving the settlement agreement are:
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a. To avoid cost and expenses incurred in defending the EEOC complaint and other
actions that could alise out of ongoing employment relalionship.
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b. To bring about finality to the issues surrounding City Clerk/Administrator so that
the City can move forward and focus on other matters.
c. To avoid division within the City that coutd resutt from the EEOC complaint and
other poIentiallegal action.
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d.
To reach an amicable separation with a long-term employee which takes into
consideration of the employee's years of work within the Community.
Page 3465
January 28, 1999
3.
The payment of severance pay shall be funded from that portion of the operating budget
of the Clerk's Office designated for the Clerk/Administrator's sa~iry. If ínsufIicient, the
balance shall be paid from the general fund.
The Mayor is authorized to execute a SetIJement Agreement on behaff of the City which
is consistent with the settlement terms in Section 1. herein.
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4.
The motion was seconded by Ehlert and earned unanimously.
There was discussion regarding notification to the other employees. Hieínenz indicated that he
would call an employee meeting on the morning of January 29,1999, and advise them of
Rachel's resignation. He would meet separately with Judy Weyrens and Mary Generous to
discuss the division of the Clerk's work. Hiemenz will advise Rachel of the CounCil's action.
Twit moved toadjoum the meeting at 7:14 p.m.; seconded ~ Loso and I:anied unanimously.
Respectfully submitted,
John Scherer, City Attorney
Acting as recorder
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