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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 A. B C D. 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. February 19, 2008 Special City Council Meeting Minutes "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. February 19, 2008 2 Special City Council Meeting Minutes 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. February 19, 2008 3 Special City Council Meeting Minutes 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 Date: Date: Date: Date: Date: Date: Date: Date: 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 February 19, 2008 Special City Council Meeting Minutes 4 Seconded by Mayor Hjelle. The motion passed. E. ADJOURNMENT Mayor Hjelle adjourned the meeting at 5:24 p.m. Ayes -All February 19, 2008 5 Special City Council Meeting Minutes