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HomeMy WebLinkAbout20153. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 • 1 2 3 4 5 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 27 28 29 30 31 32 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 ZO 11=111 <J 11 1.11C U a v i 1