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87-944 WHITE - CITV �LERK PINK - FINANCE GITY OF SAINT PAUL Council CANARV - DEPARTMENT BLUE - MAVOR File NO. �� _ Council Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS , a number of claims have been filed against the City of Saint Paul by a number of fire fighters involving the severance pay provisions of their contract ; and WHEREAS , the City of Saint Paul and the Minnesota Department of Human Rights have entered into extensive negotiations to settle these claims ; and WHEREAS , all parties have now reached a settlement agreement pursuant to the provisions of the Agreement attached hereto and made a part hereof; now, therefore , be it RESOLVED , that the Council of the City of Saint Paul hereby approves and ratifies the attached Settlement Rgreement between the State of Minnesota representing the various claimants, and the City of Saint Paul and Fire Fighters Local 21 ; and, be it FURTHER RE50LVED, that the Council hereby orders payment to various claimants pursuant to the provisions of this Settlement Agreement. r COUNCILMEIV Requested by Department of: Yeas p�gW Nays Nicosia � Rettman Itl FavO[ Scheibel Sonnen '�� __ Aga1I1St BY Tedesco Wilson Adopted by Council: Date G� � � �98� Form A prov d by City Attorney Certified Yass o c.il Se r BY sy� Appr e ;Navor: Date �� — 2 1 Approved by Mayor for Submission to Council By — By pUBItSlIED J U L 1 1 1987 • s - • _� � . . � � ��—��y " � ` � RECEl�i-�D JUN 17 1987 BEFORE THE HUMAN RIGHZ'5 DEPARTMENT C��-� ��--�d��EY OF THE STATE OF MINNESOTA State of Minnesota, by Jayne B. . OAH Docket No. HR-87-009-PC Khalifa, Acting Commissioner, 2-17U0-991-2 Department of Human Rights, Complainant, vs. SE'I'TLEMEtJT AGkEE[�IENT City of St. Paul and International Association of Firefighters, AFL-CIO, Local 21, Respondent. THIS AGREEMENT made by and between Joseph Scheunemann, Frank John Fruci, Albert P. Graham, Charles W. Touchette, Roger H. Budde, Joseph B. Regan, Walter C. Steinhoff, and Richard K. Austin (hereinafter "charging parties" ) ; the City of St. Paul and the International Association of Firefighters, AFL-CIO, Local 21 (hereinafter "respondents" ) ; and the Minnesota Department of Human Rights (hereinafter "Department" ) through its acting Commissioner Jayne B. Khalifa (hereinafter "Commissioner" ) . � WHEREAS, each charging party filed a charge against the City of St. Paul alleging that the City 's failure to pay him full severance benefits solely because of his age at the time of his retirement constitutes age discrimination, and WHEREAS, each charging party filed a charge, with the exception of Frank John Fruci, against the International Association of Firefighters, AFL-CIO, Local 21 alleging that the union 's . . .:, . � ' (',� ��_�� adoption of a collective bargaining agreement that reduces a retiring firefighter 's severance payment solely because of his age constitutes age discrimination, and WHEREAS, probable cause was found by the Department to credit the allegations contained in the charge; and WHEREAS, respondents have expressly denied that they discriminated against the charging parties on the basis of age or on any other unlawful basis; and WHEREAS, the undersigned parties have successfully conciliated all issues in dispute in the above-referenced matter and have agreed to a full settlement regarding the issues therein. NOW, THEREFORE, in consideration of the mutual promises and covenants established herein, the parties agree as follows : 1. This Agreement does not constitute an admission by the respondents of any violation of the Minnesota Human Rights Act. 2. Respondent, City of St. Paul agrees to pay each charging party One thousand, two hundred, fifty dollars ($1 ,250.00 ) , as damages. Charging party Charles W. Touchette shall receive a settlement payment of Two hundred eighty-eight dollars and eleven cents ($288.11 ) . Said payment constitutes a complete negotiated settlement of the damages charging parties suffered. 3. Respondent, City of St. Paul agrees to pay each firefighter who retired or retires before attaining age 58 between November 11, 1983 through the date a new collective bargaining agreement is executed, the sum of One thousand, two hundred, fifty 2 , . � , . , ' ' " ��q�� dollars ($1 , 250.00) . As of December 8 , 1986 the following retired firefighters are eligible to receive $1 , 250 . 00 : Gregory Plants , Kenneth Houschule , Thomas Duggan, Gerald Bertin, William Langiven, Richard Handel , William St. Martin , Richard L. Nelson, and Alvin Blesener. Respondent, City of St. Paul agrees to update this list for the effective time period of this settlement agreement. 4. Respondent City of St. Paul aqrees that it will remove from each charaging party ' s personnel file any and all references to his having initiated �r participated in any investigation, litigation, or settlement of the instant action. Respondent , City of St. Paul further agrees that , abserit express written permission from each charging party, neither it, its supervisory employees , nor its employees who are involved in personnel matters will take any ac.tion on th�ir own or at the request of others to orally or in writing to communicate to a prospective employer, school or any other individual oryanization having initiated or participated in any investigation, litigation, or settlement of this instant action. 5. Respondents , without admitting the severance payment provisions in the current collective bargaining agreement are illegal , agree to renegotiate said provisions during contract negotiations sessions currently underway. Any provisions adopted by respondents shall be in conformance with the Minnesota Human Rights Act and shall be filed with the Commissioner upon adoption. 3. . , � ._, . . �,�-��y 6. In consideration of respondents' promises which are set forth in this Agreement, charging parties, the Department and the Commissioner hereby waive, release, quit-claim, and covenant not to sue respondents with respect to any claims relating to these charging parties which arise out of Departmer�t charge file nos. E11897 , E12256, E12312, E12324 , E12G10 , E12630, E12632 , E13958, E11896, E12325, E12322, E12611, E12629, E12631, E13959, provided, however , that nothing contained in this Agreement shall be construed as in any way limiting the right of the Department or the Commissioner to take action against the respondents in the event that they fail to comply with the terms of this Agreement. 7. Respondents and the Commissioner agree that once all affected parties have been paid in full in accordance with the terms set forth in this Agreement, they shall jointly request the Administrative Law Judge to dismiss, with prejudice, the above-entitled action, in an orcier incorporating the provisions of this Agreement and the conditions stated herein. � , D a t ed: .S� /h� / .,GYr- `-.� CF3 "UNEMA - ,� I Dated: �— e�i �� u�-,+,.� Q ��>LL.-f�'• FRANK JOHN�FRUCCI Dated: .3 — y � :�� -�t_� '� �:L-.�l+- - - - ALBERT P. GRAHA 4 y , . ' ,•' . ` ' ' . ��1�� u' ./` 2 � ` • ' < �,'. "� ". ' !. `.r:'-f``/"�/, llated: ".G :� '� CHARLES W. TOUCHETTE � �'� , r � � Dated: 3�� .� -� � � OG H. UDD � � 5-� --, �-'�+, u-: �� . !� --�p'..��,. Dated: ->~ ' JOSEPH B. REGAN Dated: J �" � '� D � I ' '�.t-c�t; � ��l!i WALTER C. STEINHOFF J ,• , Dated: �/ liL.ti �/�,Y �,� '� ��.�ZG `�lt. �-c.- � i,�C�/�. RICHARD K. AUSTIN CITY OF ST. PAUL i Da ted: � �11. � �7 By (� • I t s: as�J t L --�-- INTERNATIONAL BROTHERHOOD OF FIREFIGHTERS, AFL-CIU Local 21 � � Dated: (v-,�- ��7 By � � ,s�. I t s: ` � •,�, MINNESOTA DEPARTMENT OF HUMAN RIGHTS . Dated : � �� AYNE B. KHALIFA, Acting Commissioner 5