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HomeMy WebLinkAboutD-0994 , . , . .- ;00' . Y~'1 'f "t , '. RELEASE, ACCORD AND SATISFACTION 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, WHEREAS, 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 occur in the course of his employment by the City of Arcadia and is compensable as such under the Workmen'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, 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 injury is so recognized as such under the Workmen's -1- ~. Compensation Act, such employee shall be paid a combination of salary and Workmen's Compensation equal to his regular salary rate for such time as he is absent from duty because of such injury up to the maximum time that he is eligible for Workmen's Compensation. Lost time due to an injury on duty shall not be charged against an employee's accumulated sick leavej" 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 Compensation 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 vacationj 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 employment and therefore to be compensable as such, 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 Workmen's Compensation benefitsj and, WHEREAS, there is a bona fide dispute between the City -2- . ... H .4 -,-- .. 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, WHEREAS, 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 at least in part to his present illness and disability; and, WHEREAS, the morale of the public service will be greatly jeopardized if a public employee of many years service who has sus- tained serious illness 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 lengthy and expensive litigation to compel such pay- ment; and, WHEREAS, in any event Neil F. Anderson has accumulated twenty-one and one-fourth (2Ik) additional days of vacation for which at his present rate of pay he is entitled to receive one -3- ') . " . ',.. -, -. , - ~ .... 'f::- .~~ -- .. 4 ~ 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 54/100 dollars ($56.54); and, WHEREAS, it is impossible to predict definitely the out- come either of his 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, Neil F. Anderson and Jessie Lavon Ander- son, his wife, to the extent that she has any interest community or otherwise in the subject matter, for and in consideration of the premises, terms and provisions hereof, and in consideration of the sum of seven thousand four hundred and nO/lOO dollars ($7,400.00) to them in hand paid by the City of Arcadia, do hereby settle and release the City of Arcadia, its officers and agents, from any and all claims and demands of or by said Neil F. Anderson and Jessie Lavon Anderson against the City of Arcadia in any way arising out of the employment of Neil F. Anderson in any capacity by the City of Arcadia or for any injury, illness or disability occurring therein or resulting therefrom, past, present or future, as well as all claims or demands of said Neil F. Anderson and Jessie Lavon Anderson for any, all or further sum whicll the City of Arcadia is or might be liable,~ 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. The within Release, Accord and Satisfaction shall in no way affect the aforesaid claim of -4- ~ ~ '. .. . Neil F. Anderson for Workmen's Compensation benefits nor the said application therefor now pending before the Industrial Accident Commission nor the rights of the City of Arcadia to any liens, off- sets or credits to which the City of Arcadia is or may be entitled in any award or settlement made with respect thereto. IN WITNESS WHEREOF, the City of Arcadia by its officers duly authorized and Neil F. Anderson and Jessie Lavon Anderson have caused the within Release, Accord and Satisfaction to be exe- cuted this 16th day of June, 1959. ATTEST: CITY OF ARCADIA ~R~-- By ~~ aftU ~~ C ris ne an Maanen, City Clerk APPROVED AS TO FORM , J#e ~~ ~ - ,17' fA " / s A. Ni~ 1 n, e1 i4norney - ~.({~, / ,J Iff}(J,/If. If7/1~1 ~ ess e Lavon kn:?r /r-~? ~ ~~ erson -5-