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ORDINANCE NO. ,„3Q /.5—
3.
•?n. 9'S• G.00Zi•
AN ORDINANCE AUTHORIZING AN APPROPRIATION
FROM THE CITY CONTINGENCY FUND FOR PAYMENT
OF A LEGAL SETTLEMENT.
WHEREAS, the State of Washington Human Rights Commission
has filed a complaint against the City of Port Angeles on behalf
of a former City employee;
AND WHEREAS, said complaint alleged that the employee
was unfairly discharged from his former Municipal position;
AND WHEREAS, the City of Port Angeles and Washington
State Human Rights Commission have reached agreement for reason-
able and full settlement in the disputed issue;
AND WHEREAS, said agreement provides a general award
to the former employee of $1455.00;
AND WHEREAS, funds for the payment of said award are
not provided in the City's regular 1979 budget; and the expen-
diture was not reasonably forseeable at the time of adoption of
the regular budget;
NOW, THEREFORE, be it ordained by the Council of the
City of Port Angeles as follows:
1. The sum of one thousand four- hundred fifty -five
dollars and oo /cents ($1,455.00) is hereby appropriated from
the City Contingency Fund for payment of the general award
stipulated herein.
2. The pre- finding settlement agreement between the
City of Port Angeles and Washington State Human Rights Commission
dated November 28th, 1978 is attached as Exhibit I and made part
of this Ordinance;
3. The City Manager is hereby authorized to complete
the terms of said settlement agreement.
PASSED BY THE City Council of the City of Port Angeles
at a regular meeting of the Council held on the 404' day of
19 7
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N.
ATTEST: - -'
Marian C. Parrish, City Clerk
APPROVED AS TO FORM:
Craig Miller, City Attorney
ISHED: ,.Leke4,' a.5; /977
ic..4ww;i: fp Pq
(NOT A PUBLIC RECORD)
MEMO: February 14, 1979
TO: Ken Whorton, Mayor Haguewood and City Council Members
FROM: Rob Orton, Director of Finance and Administrative Services
RE: State Human Rights Commission Complaint #OEH- 38 -75 -6
Dated January 3, 1976
•Ken:
The attached ordinance authorizes payment of a general award to one
Thomas Jungman, former Solid Waste Division employee who filed a complaint
against the City alleging that he was unfairly discharged from his posi-
tion with the Municipality.
For benefit of the Council, a brief review may be of assistance.
Jungman, a former Sanitiation Division helper, was discharged In
November 1975 after a series of work related problems.and alleged
vehicular accidents were tied to a "nervous" condition of the employee.
Jungman was discharged because his condition prevented him from the
safe performance of his duties as an employee.
Essentially, the City's action was in apparent violation of the State's
handicap laws in that the Municipality did not secure a physician's
diagnosis of Jungman's ailment prior to his discharge nor tried to
"accommodate" him as handicapped in another position.
Extenuating circumstances and subsequent questioning of former City
personnel close to the matter resulted in a compromise agreement being
offered by the State Commission.
Further negotiations by the City Manager resulted in a reduction from the
original, stricter terms of the agreement.
Basically, the agreement binds us to comply with the law, and pay a
general award to the complainant of $1455.00 (which includes $455.00
in back wages).
As you know, this settlement is by far the most favorable alternative
to this predicament. I therefore recommend passage of the attached
ordinance.
Thank you.
cc: Pat Rodman
Marian Parrish
REO /1s
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