HomeMy WebLinkAbout02-19-2008 500 Special MeetingSPECIAL COUNCIL MINUTES
MAPLEWOOD CITY COUNCIL
5:00 p.m., TUESDAY, FEBRUARY 19, 2008
Council Chambers, City Hall
Meeting No. 08-05
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CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 5:00 p.m. by Acting Mayor Hjelle.
APPROVAL OF AGENDA
Councilmember Rossbach moved to approve the agenda.
Seconded by Councilmember Nephew.
Ayes -All
The motion passed.
ROLL CALL
Diana Longrie, Mayor
Erik Hjelle, Councilmember
Kathleen Juenemann, Councilmember
John Nephew, Councilmember
Will Rossbach, Councilmember
Absent
Present
Present
Present
Present
UNFINISHED BUSINESS
Council Discussion of Charges and Notice of Public Hearing Pursuant to MN
Statute 412.641, Subd. 1 b. -Removal of City Manager.
City Attorney, Alan Kantrud addressed the council, presented the report and answered questions
of the council. Mr. Kantrud read the Settlement Agreement and Release of All Claims document
aloud before the council.
Councilmember Rossbach moved to approve the Settlement Agreement and Release of All
Claims Between the City of Maplewood and Greg Copeland.
SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
This Settlement Agreement and Release of All Claims is made between the City of
Maplewood and Greg Copeland. The purpose of this Settlement Agreement and Release of All
Claims is to resolve all outstanding matters between the parties related to Greg Copeland's
employment by the City of Maplewood.
Definition of Terms
"Agreement" means the Settlement Agreement and Release of All Claims.
"Copeland" means Greg Copeland.
"City" means the City of Maplewood.
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"Parties" means Copeland and the City
Recitals
Whereas, the City Council adopted a motion indicating its intent to remove Copeland as
City Manager on January 17, 2008; and
Whereas, Copeland requested written charges supporting his removal and a public
hearing on those charges pursuant to Minn. Stat. § 412.641; and
Whereas, the parties seek to obtain a full, final, and complete settlement and discharge of
all claims that have been, or might be made, for any action or inaction related to Copeland's
employment upon the terms and condition set forth below.
Terms and Conditions
Now, therefore, the parties agree to the terms and conditions as follows:
1. Removal as City Manager. Upon execution of this Settlement Agreement, Mr.
Copeland is removed as City Manager for the City of Maplewood without cause. Mr. Copeland
withdraws his request for notice of written charges and a public hearing pursuant to Minn. Stat. §
412.641.
2. Release and Discharge by Copeland. Copeland does hereby and fully and
forever release and discharge the City, its current and former Council members, employees,
agents, representatives, insurers, attorneys, and any other affiliates from any and all liability for
any and all damages, actions, or claims -regardless of whether they are known or unknown,
director indirect, asserted or unasserted -that arise out of, or relate to his employment, his
placement on administrative leave, the notice to remove him, or nay other action, decision, event,
or circumstance occurring on or before the date Copeland signs this Agreement. This release
does not include a release of the right to defense and indemnification specifically outlined in Minn.
Stat. § 466.07, subd. 1.
3. Continuation of Salary and Benefits. In consideration of Copeland's release set
forth in paragraph 2, the City agrees to continue to pay Copeland his current salary until June 14,
2008. In addition, the City will continue to pay its contribution to Copeland's health insurance,
dental insurance, disability insurance, and life insurance until June 14, 2008. The City also agrees
to reimburse Copeland in an amount not to exceed $2744.17 for his reasonable and legitimate
hotel and meal expenses incurred as a result of his trip to the National League of Cities
Convention in New Orleans in November of 2007, upon verification through itemized receipts.
The City agrees to return one Christmas wreath that Copeland purchased with his own money
and to reimburse him in an amount not to exceed $40.00 for the cost of one other Christmas
wreath, upon verification through an itemized receipt. In consideration of the City's agreement to
remove him without cause, Copeland waives any right that he may have to assert a claim for
additional pay and benefits pursuant to the motion that the Council adopted on November 14,
2006. Copeland understands and agrees that the only benefits that will be continued until June
14, 2008, are the ones enumerated in this paragraph. Copeland agrees that he will not be entitled
to any additional salary or benefits after June 14, 2008.
4. Disputed Claims. The payments specified in paragraph 3 are for and on behalf of
the city and are the compromise of a disputed claim. The consideration provided is merely
intended to resolve this dispute and avoid the further cost of any possible litigation with Copeland
regarding his employment.
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5. Rescission Under the MHRA. Copeland recognizes that by signing this
Agreement he is specifically waiving and releasing any employment discrimination and retaliation
claims that he might have under the Minnesota Human Rights Act ("MHRA"). The City hereby
informs Copeland in writing of his rights under Minnesota Statutes, Section 363A.31, which is
contained in the MHRA, to rescind his release of claims in writing within fifteen (15) calendar days
after signing it. Such a rescission would be limited to any claims arising under the MHRA. A
rescission of any claims arising under the MHRA would void the City's payment obligations set
forth in paragraph 3.
The City has also informed Copeland that for the rescission to be effective under
Minnesota Statutes, Section 363A.31, it must be delivered to H. Alan Kantrud, City Attorney, 1830
County Road B East, Maplewood, MN 55109, personally or by United States mail within the 15-
day period. If delivered by mail, the rescission must be postmarked within the 15-day period,
properly addressed to Mr. Kantrud and sent by certified mail, return receipt requested.
6. Rescission Under the ADEA. Copeland agrees that he knowingly and voluntarily
has waived by this Agreement any and all claims under the Age Discrimination in Employment
Act ("ADEA"). After Copeland signs this Agreement, he will have seven (7) calendar days during
which time he may rescind his waiver and release of any claims arising under the ADEA. A
rescission of any claims arising under the ADEA would void the City's payment obligations set
forth in paragraph 5. Copeland understands that this right to rescission applies only to claims he
may have arising under the ADEA.
For a rescission of claims under the ADEA to be effective, it must be delivered either
personally or by United States mail within the seven-day period to H. Alan Kantrud, City Attorney,
1830 County Road B East Maplewood, MN 55109. If delivered by mail, the rescission must be
postmarked within the 7-day period, properly addressed to Mr. Kantrud, and sent by certified mail,
return receipt requested.
7. Release by the City. The City agrees not to initiate a civil lawsuit against
Copeland for any known claims, including any claims associated with the alleged removal of
documents or claims associated with his purported written contract. This release by the City does
not include any unknown claims. This release does not include any criminal charges. In the event
that a lawsuit is brought against the City in which the person or entity bringing the suit asserts that
the City is liable based on any action or inaction of Copeland and Copeland is not entitled to
indemnification pursuant to Minn. Stat. § 466.07, subd. 1, the City reserves the right to join
Copeland as a party to the lawsuit and/or to seek contribution from Copeland.
8. Representation of Comprehension of Document. In entering into this
Agreement, Copeland represents that he has had the opportunity to consult with an attorney
concerning the legal consequences of this Agreement; that the terms of this Agreement have
been completely read and are fully understood and voluntarily accepted by Copeland.
9. Governing Law. This Agreement shall be construed and interpreted in
accordance with the laws of the State of Minnesota.
10. Entire Agreement and Successors in Interest. Copeland further declares and
represents that no promise, inducement, or agreement not herein expressed has been made to
Copeland; this Agreement contains the entire agreement between the parties hereto; and that the
terms of this Agreement are contractual and are not a mere recital.
This Agreement contains the entire agreement between Copeland and the City with regard to the
matters set forth in it and shall be binding upon and inure to the benefit of the executors,
administrators, personal representatives, heirs, successors and assigns of each.
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11. Effectiveness. This Agreement shall become effective immediately following
execution by each of the parties. Copeland understands that the Agreement will not be effective
unless and until it is approved by the City Council of the City of Maplewood.
12. Responsibility for Costs. Each party shall be solely responsible for its own costs,
expenses, and attorney fees.
13. Enforcement. Failure to insist on compliance with any term, covenant, or
condition contained in this Agreement shall not be deemed a waiver of that term, covenant, or
condition, nor shall any waiver or relinquishment of any right or power contained in this
Agreement at any time be deemed a waiver or relinquishment of any right or power at any other
time.
14. Severability. If any part of this Agreement is construed to be in violation of any
law, the remaining portions shall remain in full force and effect.
By signing below, each party specifically acknowledges that it has read this Agreement,
that it has had an opportunity to review the terms of this Agreement with legal counsel,
and that it understands all the terms of the Agreement.
GREG COPELAND
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CITY OF MAPLEWOOD
Mayor, Diana Longrie
Councilmember, Eric Hjelle
Councilmember, Kathleen Juenemann
Councilmember, John Nephew
Councilmember, Will Rossbach
CITY ATTORNEY
H. Alan Kantrud
CITY CLERK
Karen Guilfoile
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Seconded by Mayor Hjelle.
The motion passed.
E. ADJOURNMENT
Mayor Hjelle adjourned the meeting at 5:24 p.m.
Ayes -All
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