SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS Between STU ROSS & CITY OF CARMEL-BY-THE-SEA, May 20, 2015

ABSTRACT: The Settlement Agreement and General Release of Claims document copy between STU ROSS and the City of CARMEL-BY-THE-SEA, a municipal corporation, is embedded. Significant RECITALS include, as follows: ROSS was employed by the CITY as the Superintendent of Public Works. ROSS's position is included in the bargaining unit represented by the Carmel Management Employees Union ("ASSOCIATION") and is covered by a memorandum of understanding between the CITY and the ASSOCIATION. The CITY has received the results of an investigation report that the CITY believes warrants termination of ROSS's employment with the CITY. The investigation report also indicated that, over the past approximately eighteen (18) months, ROSS has recorded hours on his CITY timesheet that he did not actually work. ROSS received payment for those recorded hours. The total amount of payment ROSS received for hours that he did not actually work is $4,860.92. ROSS disputes that disciplinary action is warranted and, should the CITY move forward with a termination, would invoke his right to appeal the termination. The CITY is prepared to oppose an appeal and to advocate to uphold the termination. The PARTIES desire to resolve all disputes of every kind and nature between them arising out of or related to ROSS's employment with the CITY, (including, but not limited to, ROSS'S termination) amicably, fully, and finally, under the terms and conditions specified in this AGREEMENT, for good and sufficient reasons and consideration, including but not limited to, avoiding expending or incurring additional time or money, avoiding the uncertainties and cost of an appeal hearing, and avoiding any costs or uncertainties of administrative proceedings or litigation. The PARTIES agree that this AGREEMENT resolves a disputed matter and is not an admission of liability, fault, or wrongdoing on the part of the PARTIES. CONSIDERATION includes, in part, as follows: In exchange for the consideration and releases set forth herein, within a reasonable period following the EFFECTIVE DATE of this AGREEMENT, the CITY and ROSS agree to the following:
i. The CITY shall not move forward with any disciplinary action against ROSS.
ii. ROSS shall submit a letter of retirement, identifying May 20, 2015 as his last day of employment with the CITY.
iii. The CITY shall deduct $4,860.92, the amount ROSS has been paid for hours he did not actually work, from ROSS's final payment from the CITY.
WHEREFORE the PARTIES have read all of the foregoing, understand the same, and agree to all of the provisions of this AGREEMENT.
STU ROSS
CITY OF CARMEL Doug Schmitz, City Administrator
Approved as to Form:
J. Ocean Motley, Staff Attorney
LIUNA/UPEC Local 792
On behalf of Ross and the Association
Samantha W. Zutler
Attorney for City of CARMEL
BURKE, WILLIAMS & SORENSEN, LLP

Ross and City Settlement Agreement and General Release of Claims 05-20-15

SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS
STU ROSS and the City of CARMEL-BY-THE-SEA
May 20, 2015

REFERENCE:
Ross retires to avoid fight with city over timecards, By MARY SCHLEY, The Carmel Pine Cone, May 22, 2015, 1A & 13A