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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,
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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,
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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,
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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
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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.
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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)
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