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96-18Council File # 96-18 Green Sheet # 31625 RESOLUTION , �CJ�1( OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 1 2 Resolved, that the Council of the City of Saint Paul does hereby approve and ratify the 3 attached settlement ageement with Clifford Alan Kelly for the payment to him of Sia�ty Five 4 Thousand and No/100ths Doilazs ($65,000.00) which payment is made in consideration of his 5 resignafion from CiTy employment and a release of any claims, and 6 Finally, Resolved that this resolution sha11 take effect and be in force on January 1, 7 1996, or such later date as passed and approved. 8 Requested by Department of: Approved by �ayq�: Date By: Ey: Form ved by City Atto ney B �-`-E�2� /2 � 2 7- SJ' Approved by Mayor for Submission to Council B �-as -9s' Adopted by Co ' Da � /�-/y Adoption rtified by C � Secretary By: � 9� i�' DEPAFTMENT/pPFICE/COUNdL OATE INITUITEO � y� 316 2 5 Ma or�s Office 1/2/96 GREEN SHEET _. _ iN1T1AUDATE INRIqVbATE CANTACTPERSONS%fONE DEPARIMENTOIRE CRVCOUNCIL Mark Shields, 266-8512 ^���" cRVnrroaNEV �ci�vc�sm MU5T BE ON Cp{JNCIL AGENDA BY (DATE) NVYBER FOR gUDGET DIRECTOR � FlN. & MGT. SERVICES Dlfl. ROUfING OXDER � MqypR (OR AS$ISTANTJ � TOTAL # OP SIGNATURE PAGES (CLiP ALL IACATIONS FOR SIGNATURE) ACT�ON REQUE$TED: Sign attached agreement for Clifford Alan Kelly. Approval of settlement agreement made in consideration of Mr. ICelly's resignation from city employment and release of any claims. RECOMMENDATIONS: Appmve (A) or Reject (R) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: _ FLANNING COMMISSIINJ _ CIVIL SERVICE COMMISSION �� Has this persoNfirm evef woMed under a Contrect for thi5 tlepertment? � _ CIBGOMMfTTEE _ YES �NO , SiAFF Z- Has fhis persoN(rm ever been a ciry employee? — YES NO _ DISTRICT COURT _ 3. Does thi5 person/firm possess a skill not normally possessed by any curtent city employee? SUPPORTS WHICH COUNCIL O&IECTIVE? YES NO Explein all yes enswera on Separet¢ aheet enE ettech to green Sheet INRIATING PROBLEM, ISSUE, OPPORTUNITY (Who. What, WhBn, Where, Why): None. See attached resolution. A�YANTAGESIFAPPRpVED. DISADVANTAGES IFAPPROVED: DISADVANTAGES IF NOTAPPROVED' TOTALAMOUNTOFTqANSACTION $ 6S�OOO.00 COS7/REVENUEBUDGETED(CIRCLEONE) YES NO FUNDINCa SOURCE ACTIVITV NUMBER FINANCIAL MFORMATION. (SXPLAtN) , L � 9� i� AGREEMENT OF WAIVER AND RELEASE OF CLAIMS AND RESIGNATION OF EMPLOYMENT Clifford Alan Kelly, for and on behalf of myself, my representatives, my heirs, successors and assigns for the consideration hereafter stated, agree to and hereby release, waive, acquit, and forever dischazge the Ciry of Saint Paul, its insurers, successors, assigns, present and former employees, officers, agents, and representatives, and each and all of them from any manner of action or actions, grievances, complaints, administrative actions, suits, claims, damages, judgments, levies, and executions, known or tu�kuown, whether liquidated or unliquidated, fixed, direct or indirect, which I and my representatives, heirs, executors, administrators, successors, and assigns ever had, have now or will have against the City of Saint Paul, its successors, assigns, present and former employees, officers, agents, and representarives for, upon or by reason of any matter, act or thing occurring prior to the date of this waiver, release of claims, and resignation, for upon, or by reason of any matter, act or thing relating to my employment and subsequent discharge proceedings as a police officer for the Saint Paul Police Department. T understand this release of all claims and waiver of any causes of action includes a waiver and release of any action at tort including but not limited to any action for defamation, libel, slander, violation of the Minnesota Government Data Practices Act (C3�apter 13 of Minnesota Statutes), constructive dischazge, unwrongfiil dischazge, viola6on of Minn. Stat. 465.76, and any action for an alleged civil, constitutional, or human rights violations under federal or state law and any recovery of attorneys fees. Further, I include in this agreement of waiver and release my cleaz and unequivocal resignation of employment as a police o�cer and a fiu�ther waiver and release of any right of 9G-�� reinstatement, and any right to appeai any dischazge proceeding against me pursuant to the Veterans Preference Act (Chapter 197 of Miunesota Statutes), the Saint Paul Civil Service Rules, the collective agreement between the Saint Paul Police Federation and the City of Saint Paul and any rights of appeal under the Public Employment Labor Relations Act (Chapter 179 of Minnesota Statutes) and any right of appeal under any statute for proceedings conducted to date by the City of Saint Paul regarding any dischazge proceeding. This waiver, release, and resignation of employment, which resignation is now submitted, is given in considerafion of the City of Saint Paul paying to me the sum of Sixty Five Thousand and No/100ths Dollars ($65,000.00) and shall be effective the date of my signature to this agreement, but subject to the last pazagraph hereof. I direct that of this sum, Twenty Thousand and No/100ths Dollazs ($20,000.00) be paid to my attorney Kevin J. Short and the remaining Forty Five Thousand and No/100ths Dollazs ($45,000.00) be paid to me. Accordingly, I herewith resign my employment with the City of Saint Paul and waive any right to reinstatement. I regard the above payment as substantial and real consideration and of significant value. I fiirthez have consulted an attorney and have reviewed this document with him. I have consulted with him as to its meaning and effect on my federal and state tax liabilities, pension benefits, and future employment prospects and as to such matters further waive any claims against the City of Saint Paul that may be imposed or azise therefrom. This release does not include 1) any claim I have covered by Worker's Compensation, 2) my rights to a pension or employee benefits including retirement benefits, and 3) any rights to existing employee benefits including rights to continue health or life insurance coverage under COBRA. 2 9G-�s' Lastly, I understand that this agreement is subject to the approval of the Saint Paul City Council which is in the form of a resolution and will be effective according to its terms. City of Saint Paul Date: Norm Coleman MAYOR Date: �� I� kelly.ng � � ""� /D�-�-�� Clifford A ai Kelly