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HomeMy WebLinkAbout3148 RESOLUTION NO. 3148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING SETTLEMENT OF ALL CLAIMS, DEMANDS AND CONTINGENT LIABILITIES ARISING OUT OF THE EMPLOYMENT OF NEIL F. ANDERSON AS CHIEF OF POLICE, CITY MANAGER, OR arHERWISE, DUE TO PHYSICAL ILLNESS AND DISABILITY OCCURRING DURING SUCH EMPLOYMENT. WHEREAS, Neil F. Anderson was first employed by the City of Arcadia as Chief of Police of the City of Arcadia, which employment commenced February 7, 1951 and continued until June 7, 1956, at which time his appointment as City Manager of and for the City of Arcadia became effective, and in which capacity he was continuously employed by the City of Arcadia and so served to and including June 16, 1959; and, WHEREAS, on October 9, 1958, Neil F, Anderson succumbed to serious illness which has since that time prevented him from fully carrying on and discharging the duties of office of City Manager of the City of Arcadia; and, vlHEREAS, Neil F, Anderson has claimed and claims that his said illness is an injury occurring in the course of his em- ployment and is recognizable as such under the Workmen's Compensa- tion Laws of the State of California, and has accordingly hereto- fore filed with the Industrial Accident Commission of the State of California a petition for determination that his said illness and injury did OCCU1' in the course of his employment by the City of Arcadia and is c:ompensable as such under the \'lorkmen' s Compensation Laws of the State of California; and, WHEREAS, a hearing on his aforesaid petition has hereto- fore been held by and before the Industrial Accident Commission of the State of California on May 19, 1959, which said hearing was, -1- 3148 after the taking of testimony, continued to July 9, 1959, for the taking of further testimony; and, WHEREAS, Section 4 of Rule IX of the Personnel Rules and Regulations of the City of Arcadia, provides as follows: "In those instances where an employee of the City of Arcadia is injured on duty and the in;lury is so recognized as such under the Workmen's Compensation Act, such employee shall be paid a combination of salary and Workmen's Compensation equal to his regular salary rate for such time aB he is absent from duty because of such injury up to the maximum time that he is eligible for Workmen's Compensation, Losttime due to an injury on duty shall not be charged against an employee's accumulated sick leave;" and, WHEREAS, Neil F, Anderson claims that if the Industrial Accident Commission of the State of California finds and determines that his said illness or injury did occur in the course of his em- ployment by the City of Arcadia and is compensable under the Work- men's Compensatj.on Laws of the state of California, he will, under aforesaid Section 4 of Rule IX of the Personnel Rules and Regula- tions of the City of Arcadia, be entitled to be paid a combination of salary and Workmen's Compensation equal to his regular salary rate for such time as he has been or will be absent from duty be- cause of such injury up to the maximum time that he is eligible to Workmen's Compensation, and that time heretofore lost due to such illness or injury while on duty shall not be charged against his accumulated sick leave nor against his accrued vacation; and, WHEREAS, it is impossible at this time to determine the outcome of Neil F. Anderson's aforesaid petition now pending before the Industrial Accident Commission, nor to determine whether or not his said illness or injury will be found to have occurred in the course of his en~loyment and therefore to be compensable as such, -2- 3148 nor to determine the extent of such disability, the duration and amount of disability payments, and a fortiori it is impossible at this time to determine either the monthly amounts or the total amount that would or might be due or payable by the City of Arcadia to Neil F, Anderson by reason of aforesaid Section 4 of Rule IX of the Personnel Rules and Regulations of the City of Arcadia over and above l-lorkmen' s Compensation benefits; and, l-IHEREAS, there is a bona fide dispute between the City of Arcadia and Neil F. Anderson as to whether or not aforesaid Section 4 of Rule IX of the Personnel Rules and Regulations of the City of Arcadia was intended to or does in fact apply to the posi- tion of City Manager or to the person holding said office; and, l-IHEREAS, it is the desire of the City of Arcadia and of Neil F, Anderson to settle all liabilities, actual, contingent, claimed or otherwise, of said Neil F. Anderson against the City of Arcadia for sick leave pay, vacation pay, disability pay, sever- ance pay, or otherwise, in any way arising out of his employment by the City of Arcadia in any capacity, whether as Chief of Police, City Manager) Civil Defense Director or otherwise, other than Work- men's Compensation benefits to which he may be entitled by law and for which application has heretofore been made by him to the In- dustrial Accident Commission as aforesaid; and, WHEREAS, Neil F, Anderson has devoted his full time and efforts to the performance of his respective duties of office in and of the City of Arcadia throughout the entire term of his em- ployment as aforesaid; and, WHEREAS, there is little or no doubt that the duties of his office and the strenuousness of his efforts to perform the same diligently have contributed ~t least in part to his present illness and disability; and, -3- 3148 WHEREAS, the morale of the public service will be greatly jeopardized if a public employee of many years service who has sus- tained serious :lllness and disabling injury during the course of employment is relieved of his duties without a fair settlement of all claims, whether just, contingent or in dispute, without the necessity of ler~thy and expensive litigation to compel such pay- ment; and, WHEREAS, in any event Neil F, Anderson has accumulated twenty-one and one-fourth (21k) additional days of vacation for which at his present rate of pay he is entitled to receive one thousand two hundred one and 48/100 dollars ($1201,48), and has also accumulated one (1) additional full day of sick leave for which at his present rate of pay he is entitled to receive fifty- six and 54/l00 dollars ($56.54); and, WHEREAS, it is impossible to predict definitely the out- come either of h:ls said application now pending before the Indus- trial Accident Commission or of any future litigation concerning the applicability of aforesaid Section 4 of Rule IX of the Per- sonnel Rules and Regulations of the City of Arcadia as the same may apply to the position of City Manager and to Neil F, Anderson or to his aforesaid injury or illness; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the Mayor and City Clerk are hereby au- thorized and directed to execute with Neil F, Anderson and his wife, Jessie Lavon Anderson, to the extent that she has any interest com- munity or otherwise in the subject matter, a Release, Accord and Satisfaction, settling all claims and demands by Neil F. Anderson and Jessie Lavon Anderson against the City of Arcadia, its officers -4- 3148 and agents, in any way arising out of his employment in any capacity by the City of Arcadia or for any injury, illness or disability oc- curring therein or resulting therefrom, past, present or future, for and in consideration of the sum of seven thousand four hundred and nO/lOO dollars ($7,400.00) to be paid by the City of Arcadia, as disability seve~ance pay in lieu of and instead of salary, sever- ance pay, disability payments, vacation payments and sick leave to which Neil F. Anderson is or may be entitled and in consideration of any, all or further sums which the City of Arcadia is or might be liable, and due by reason of the application of the aforesaid Section 4 of Rule IX of the Personnel Rules and Regulations of the City of Arcadia to any position in the employ of the City of Arcadia heretofore held or occupied by Neil F. Anderson or to any injury or illness suffered by him at any time in connection therewith or otherwise. Such Release, Accord and Satisfaction shall in no way affect the aforesaid claim of Neil F. Anderson for Workmen's Com- pensation benefits nor the said application therefor now pending before the InduBtrial Accident Commission, nor the rights of the City of Arcadia to any liens, offsets or credits to which the City of Arcadia is or may be entitled in any award or settlement made wi th respect thE!reto. SECTION 2, Upon the signing by Neil F. Anderson and Jessie Lavon Anderson of such Release, Accord and Satisfaction, in the form approved by the City Attorney, and delivery thereof to the City of Arcadia, the appropriate officers of the City of Arcadia are authorized and directed to execute and deliver to Neil F. Anderson and Jessie Lavon Anderson a warrant drawn in their favor on the City of Arcadia in the amount of seven thousand four hundred and nojlOO dolla.rs ($7,400,00), less such deductions as are law- fully required, said sums to be charged to and paid out of the Council Contingency Fund No. 109-19b. -5- 3148 SECTION 3, The City Clerk shall certify to the adoption of this resolution, I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia, held on the 16th day of June , 1959, by the affirmative vote at least three Councilmen, to wit: AYES: Councilmen Jacobi, Camphouse, Balser, Reibold and Phillips NOES: None ABSEN~~ : None ~"~~ C i-"Ii:r~o ~ yo rea a SIGNED AND APPROVED this 16th day Of~Jun; 1959. ~~7~ Mayor 0 e y 0 Ar adia ATTEST: ~~Z4>w~J City Clerk (SEAL) -6- 3148