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DEPNRTMENT/OFFICECOUNCIL DATE INRIATED 1 V_ L U V J Y
cit Attorne •5 Office z-i�-9s GREEN SHEE�
CONTACT PERSON 8 PHONE �NITIAL/DATE �+�-�--- INITIkL/DATE
ODEPARTMENTDIRECTOR C CAUNCIL
11SSiGN CINATfORNEY CINCLEBK
L e M_ Krrutson 266-8777 NU4BERFOR O — �q,p� �/q�pJF}�
M STHE ON CAUNdLAGENDA BV (DATE) �MNG Q BUDGEf DIPECTOR qp�p�,� yyA�F�YW��CES DIR.
OflDER MqypR (OR ASSISTANT) �
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED: .
Approval of resalotion settling claim of £Cathlee� A. Zienan aga;enst the City of
Saint Paul for $3,422,34.
RECOMMENDATIONS: Approve (A) or Rejact (R) pERSONAL SERVICE CON7qACTS MUST ANSWER THE FOLLOWING �IJESTIONS:
_ PIANNING COMMISSION _ pVIL SERVICE COMMISSION �� Ha5 ihi5 pe�SOnHifin ever WOfked undef a ConMaCt fOf �his depertmen[?
_ qB COMMITfEE �S NO
— 2. Has this personffirm ever been a city employee? i �
— STAFP _ YES NO I�IAR � A �Q
_ DISiRICT CoURi _ 3. Does this personttirm possess a skill no[ normally possessed by any current city em�S��
SUPPOFiTS WHICH COUNCIL OBJECTIVE° YES NO
Explatn all yes answers on separate sheei and ettach to green s����¢� ������
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why�:
Kathleen Zieman has filed a claim with the C`ity of St. Paul to receive severance pay under
the terms of the City's compensation plan for non-represented employees.
Ms. Zieman was terminated as a Legislative Aid on December 31, 1993. At that time, she
was entitled to receive employee termination pay under the City's agreement with non-
re resented em lo ees. Prior to her terminatio Ms. Zieman was asked to acce t a
ADVANTAGES I �eg��nal appointment as a secretary-stenographer to accommodate the needs of the City
Council. She accepted tlris position only after receiving assurances, both written and verbal,
that her acceptance of this appointment would not result in We loss of her right to
termination pay.
The assurances that Ms. Zieman received were contractual in nature. However, since the
promises were in direct conflict with a City resoluuon, the general rule is that such contracts
DISADVANTAG . • • f
as a result, she could claim to have suffered an injustice. These specific facts ha�e not been
considered in any reported decisions.
In light of the uncertainty as to the possible outcome of this matter should legal proceedings
ensue, our office proposed settling Ms. Zieman's claim for $3,422.34, which is 50% of the
severance pay to which she was entitled after her original position was terininated. Ms.
'm
DISADVANTAGES IF NOTAPPROVED:
��� � � ����
TOTAL AMOUNT OFTRANSACTION $ 3.422. 34 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDIfdG SOUqCE �rt �.l�lllty ACTIVITY NUMBER 09070
FINANCIAL INFORMATION. (EXPLAIN)