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 ($65,000.00) which payment is made in consideration of his
5 resignafion from CiTy employment and a release of any claims, and
6 Finally, Resolved that this resolution sha11 take effect and be in force on January 1,
7 1996, or such later date as passed and approved.
8
Requested by Department of:
Approved by �ayq�: Date
By:
Ey:
Form ved by City Atto ney
B �-`-E�2� /2 � 2 7- SJ'
Approved by Mayor for Submission to
Council
B �-as -9s'
Adopted by Co ' Da � /�-/y
Adoption rtified by C � Secretary
By: �
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DEPAFTMENT/pPFICE/COUNdL OATE INITUITEO � y� 316 2 5
Ma or�s Office 1/2/96 GREEN SHEET _. _
iN1T1AUDATE INRIqVbATE
CANTACTPERSONS%fONE DEPARIMENTOIRE CRVCOUNCIL
Mark Shields, 266-8512 ^���" cRVnrroaNEV �ci�vc�sm
MU5T BE ON Cp{JNCIL AGENDA BY (DATE) NVYBER FOR gUDGET DIRECTOR � FlN. & MGT. SERVICES Dlfl.
ROUfING
OXDER � MqypR (OR AS$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 �
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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
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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
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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