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270307 WHITE - CITV CLERK PINK - FINANCE � y t � CANfAF?Y - DEPARTMENT COIlI1C11 - � . Bk.UE- =MAVOR GITY OF :SAINT PALTL File NO. �F-��°-=�� . Ordin�nce Ordinance N�. � � Presented By Referred To Committee: Date Out of Committee By Date An ordinance granting compensation to a firefighter who lost certain veteran' s cash benefits for on the job training because of the City' s initial unlawful rejection of the firefighter for that . position. Section l. Action was brought against the City of Saint Paul by Gregory Dsunson, claiming that he was unlawfully discriminated against because of physical disability. The City reached agreement with Mr. Munson and the agreement is attached hereto and made a part hereof. Section 2. The Council of the City of Saint Paul approved this agreement under Ordinance No. 16347 approved September 20, 1977. . Section 3. Section 11 of the attached agreement provides that the City must fully compensate Mr. DZunson for any veteran' s on the job train- ing benefits he may have lost as a result of his initial rejection for the position of fire fighter. A letter from the Veterans Administration Center dated November 10, 1977, a copy of which is attached hereto, indicates that 1��._, P�tunson would have been eligible for such benefits. The amount of s,uch benefits would have been �2 ,590. 00. COUNCILMEIV � Requested by Department of: Yeas Nays Butler Hozza In Favor Hunt � Levine Against BY �� Roedler Sylvester Tedesco ' Form Ap ove by Cit orney Adopted by Council: Date . Certified Passed by Council Secretary BY By � Approved by Mayor: Date Appro by Mayor for Su s ion to Council By BY WHITE - CITV CLERK . (((��yy P1NK - FINANCE COl1t1C11 _J� /�� - CANAA��` DEPARTMENT CITY OF SAINT PAITL File NO. `� � P B'LUE' -MAVOR �� • Ordindnce ordl�an�e N o. �Co��d Presented By Referred To Committee: Date Out of Committee By Date Section 4. The Council of the City of Saint Paul hereby approves the cash settlement of such lost veteran's benefits in the amount of $2,590. 00 and directs that said amount be paid from appropriation account 05120 titled, Fire Fighting. Section 5. This ordinance shall take effect thirty (30) days after its passage, approval, and publication. ' . -2- COUIVCILMEN Requested by Department of: Yeas Nays � Butler Hozza In Favor Hunt Levine � Against BY �i� Sylvester �ed�eee Adopted by C cil: ate �AN � 9 1978 Form Approved by City Attorney Certifi asse ouncil S re ,� BY Approved b or: Date �1 Z�` �p� 2;� �97 Approved by Mayor for Submission to Council ,�- gy l� !�-�G� By �!t�,i,ls�=,�,� ��;�E� 2� 1�78 t� �1T1 U�� l ��✓C �� s, �� ►�� _, . .� o •. .�:3.�... � ..o�..o.�.... d °�-"��i ,� CITY OF SAINT PAUL �'s �� .a,a OFFICE OF THE CITY ATTORNEY December 6, 1977 HARRIET LANSING ME P� 0 RAN D UM TO: FILE FROM: TERRY SULLIVAN The final settlement figure in regard to the on-the-job training benefits for l��r. Munson are determined as follows: P�Ir. Niunson should have started work with the City on March 24, 1975. He is married and has no chil�ren. Therefore, if P?r. P�iunson had started on March 24, 1975, he would have been eligible for Veterans ' benefits in on-the-job training and would have received cash benefits as follows: 3-24-75 First six months 6 x 220 = �L320. 00 9-24-75 to 3-24-75 Second six months 6 x 171 = $1026.00 3-24-76 to 5-24-76 Last two months 2 x 122 = $ 244.00 $2590. 00 These figures are based upon the information received from the Veterans Administration Center, Federal Building, Fort Snelling, P��innesota. � • City Ha11, Saint Paul, Minnesota 55102 612 298-5121 � _ ;- � i�� . �� ,�� SETTLEl�'IENT AND RELEASE �Ir. Gregory Munson' having read this document completely agrees that the provisions contained in this document sha11 constitute full, complete, and final settlement of his claim of discrimination against the City of Saint Paul for failure to appoint him to the position of firefighter. - l. Date that r�r. Munson can commence actual employment is � April 25, 1977. 2. Seniority date he will have - For the purpose of seniority, Mr. Munson will be considered to be appointed to the Fire De- partment as of P4arch 24 , 1975. This is the date that he would have been agpointed, had he not been rejected. 3. Sick Leave - Mr. lvtunson will accumulate sick leave from t�iarch 24, 1975; at the usual� rate set forth in the Civil Service rules and the collective bargaining contract for the fire- fighters ' unit. 4. Vaction - He will start earning vacation from April 25, 1977, the date that he actually commences employment. He will � receive no vacation time from that time prior to April 25 , 1977. However, for the purDOSe of determining how much � vacation per year he will receive for any particular year, . we will use the date of seniority, March 24, 1975 . He will be eligible to take vacation in accordance with the pro- visions of the collective bargaining contract for his unit. 5. Insurance - He will be eligible for coverage immediately but must pay for the first six months of such coverage himself. After that, the City will pay for the insurance pursuant to the provisions of the collective bargaining contract for his unit. He will receive credit for the two monthly pay- ments that he made while employed as a groundskeeper for the City of St. Paul , thus obligating him to make four additional monthly payments prior to commencement of pay- ment by the City. 6. Clothing Allowance - Will receive such allowance beginning April 25, 1977. He must buy one uniform himself, as all other firefighters must do. 7. Doctors ' Bills - The City will pay $197. 00 to PZr. r�unson to reim- burse him for payments previously made to various doctors. � The list found below contains the names of the doctors who have been paid and the amount that each has received. Dr. Thompson. . . . . . . . $25. 00 Dr. Wengler . . . . . . . 85. 00 Dr. Schloff . . . . _ . .. . . 52. OQ Dr. Clemens . . . . . . . . 35. 00 . . _ - � � � ` r ��1��r�� 8. T�Tage Cash Settlement - The City will pay to rir. P�unson the sum of $13,179. 09. The Citv shall notify the Internal Revenue Service of such payment as it is based upon wages. 9. Pension Benefits - The City agrees to make the necessary �aek payments for pension benefits as allowed by law and as would have been made had Mr. Munson been appointed on March 24, 1975. �= Mr: N!unson agrees to make the necessary back pay- ments as,-allowed by law and that he would have made if he had been appointed _on March 24, 1975. Neither party need _ , comply;; with =this provision if the other party does not • _ comply:with �this��provision. � . _ .. . - . a , .J�.fi.�.. . .l - ' .�, . .a.t.i .,.. . � . � � . ... � .. '' ._. _ .. .. . �a_.. �. . . � 10. Insurance Claim-�Benetit: .- The. City agrees to pav the ,specific me ical claims of Hazel Park t�edical Center for $46. 50 and , , West<;Medieal Clirric :for $14:-06: as specifical�y provided for � undex"?the �provisions• csf the P�edical and-.Hospitalization ' Insurance Contract presentl_y in effect between .the City and Blu�:_Cross. and Blue Shield, including the deductible and � scheduled provisions contained therein. � ,�� .._ ': �q,�+�i . ' - .-. . . . . � � . . 11. Veterans. Benefits -- It is the responsibility of Mr. P•sunson to negotiate� the benefits that he may receive from Veterans Administration. for On Job Training. If Mr. A7unson receives less benefits than- he would have received directly because � of .the. fact he-:was _.not° appointed to firefighter on March 24, 1975,, the .City agrees to fully compensate Prir. r�unson for the loss. . .. ... . _ .: , 12. Additional Flages Received� - N�r. P�unson affirms and states by his signature hereon that he has received no compensation';� wages, welfare assistance, or aid of any type, during the period from March .24, 1975, ta April 25, Z977, other than the salaries, wages,� or aid made� known to the City. ` - - This Agreement is full and final settlement of all issues in � dis t . - : _. . . .;::. , , , . . . � : ` �. . . _ _ _ �.' - .. _ . � `. ;_� ` ' "i-��.r� Terry S 1 ivan Greg y At� Munson Dated: � Z � Dated: �fJ— I r+� --�� : � . _ _ : Georg atimer, Mayor City �Sa'nt Paul Dated: � 'li'i 7 -2- VET�RANS ADMINISTRATION ��(�`�� i �� ,< ' . " �'�;�. D-<<� November 10, 197�J CENTER ��:' � � 1 j R�p,� FEDERAL 6UILDING, FORT SNELLING f� c ( t, +,�� =�=f��f�� C 24 050 897 ST. PAU L. M I N NESOTA 551 l 1 � � �r G 1 V � '�1•� PNNSON, Gregory A. 335/213B4 1�U� 1_ �� 3��~ . Office of the City Attorney ��j'�( }�nQR�VEY Atte�tion: Terry Sullivan City Hall � St. Paul, M�i 55102 Reference i� made to your letter dated October 24, 1977. Mr. �iunson would have besn el.igibla for Veterans• Administration educational. benefits � for the period beginning March 25, 1975 if: � 1. He had applied for these benefits within ona year of March 25, , 1975, and 2. The Minnesota State Department of Labor and Industry had fur- nised us with a training agreement for this program, with a beginning date of Ma.rch 25, 1975, and 3. His employer had. furnished no later than rlarch 25, I976 an enrollment cartification wfth a beginning date of March 25, 1975, and 4. The VA Counseling Division had approved this second chanoe of program after prior unsatisfactory progress. . If all of the above conditions had been met, rir. Munson would have received VA benefits as outlined in our letter of Septelnber 1, 1977. There is no reason that all of the above conditions could not havP been met. We hope this letter has answered all of your questions. Please do not hesi- tate to contact us if we may be of any further assistance. �J�'�� `-_ .___� � ; �. �� - J. R. KELLEY � � � Adjudication Off icer ;� cc: rir. Gregory A. Munson 380 East Wheelock Pkwy. 3�5 B St. Paul, MN 55101 "To care for hiin►vho shall have borne the battle,and for his widow,and his orpnan.'=wBRAHAht LINCOLN G-,, _ C �� ✓� � �. � a . �� ; � ��f� ,� �.; ��,�tt* °-tif� CITY OF SAINT PAUL � , OFFICE OF THE CITY ATTORNEY ?� _ a +• F .:. Harriet Lansing, City Attorney 647 City Hall,Saint Paul,Minnesota 55102 George Latimer Mayor 612 298-5121 M E 1�� O R A N D U M �a. � : = � f�!}: `� ." ., �-� li+l, :QR'S 4�fCE TO : Members of the Citv Council FROM: Terry Sullivan Assistant City Attorney DATE: December 6 , 1977 RE : Claim against the City of Saint Paul by Gregory Munson. The attached Ordinance reimburses a firefighter for money benefits that he would have received for on the job training had he been appointed at the time he should have been appointed. The original settlement and release, which is attached to this Ordinance, was approved by this Council earlier. Section 11 of this settlement indicates that if Mr. Munson received less benefits from Veterans on the job training program than he would have had he been appointed at the proper time, the City woulcl fully compensate Mr. bZunson for this loss. t�r. Munson did in fact lose cash benefits in the amount of $2 ,590. 00. Therefore, pursuant to the terms of the agreement this Ordinance has been prepare�. to allow that sum to be paid to D�r. Munson. r � �� 9o4F9�� O�� tj � O � 92y�t�` �' T� � ��F�� 2>, ��F � s2 �'�, �� C�� S �'J , , , , � i j i _ / � lst �� 2nd f (� � � 3rd � � Adopted � Yeas Nays BUTLER i HOZZA � f HUNT 1 � ____ ,��.��f 3 < < � LEVINE � R0E'H�ER U -��$8�20 PRESIDENT (SYLVESTER) � �