HomeMy WebLinkAboutBrowning, Harold Settlement Agreement PE -1993 02 08
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SfJTTL~NT J.G:RB,~ltT
(tOR CITY COMMISSION)
Plaintiff, HOWARD BROWNING, and Defendant, CITY or
"WINTER SPRlNGS t individually and by and throuqh their
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authorized repre~entatives, who are; 811 the partios to thet
litigation styled HOWARD BROWNI~G vs~ CI1Y OF WINTER S~;NCS4
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A....-'D~n!-9iRal cQrpor~~~9.D, Cas. No. g.1-9~4"'CI:V-ORL"'18~'
currently pendinq in uni tad Stat.., D1$trict c~urt,.:,. Middle.
District of F19rid&, Orlanc1o 'Divi8ion, , he~'~bY:~~re~ .' to"
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resolve all diff6rences between them wh1chare the. s~j.ct of
the . above-styled . litiq~tion upon the followinq te1'1nS . and
conditions:
with
1. Lump-sum payment pursu~nt to' ~i~lif~~i~~~"a.gfe~.nt
, .' .', . ..':i}~)""it;:t:~:J::~;;:..>:~\':';';"
Plorida League ~t C1t~es, I~O., Flo'JiI~t\:'!;,HubJ.ci.pat
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, . "i.~'"~..t,;,,.>~})~,j,,';/
Liabili ty Self-Insurers Pl:ogrn. .'~:!'i;l;,("" ...
2 · BROWNING shall);eeei v~ a hearin~ . bi'tore the
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City .Commission of the CITY OF WI~ER SPRINGs.to.determlne
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whether ~r not h~' should. be reinstated' to.' h!s"ernploYtnent..
The hearinq will be held as Soon as praoticable subsequent to
execution of this agre~ment, at the mutual convenience of the
parties.
3. The only issue presen1::ed to the Cownission for
determination shall be .whether or not proper cause existed
for Howard Browning's termination frQlI ".2rIployment. as stated
in the Notice of Termination dat.d March 18, 1988. It ~ot~"
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what is the appropriate remedy?-
"'. The City's attorneys shall not. recommend
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against reinstate~ent, but ~ay present and argue the city'.
co~peting v~rsion of the facts conc.~n1ng the conduct formlnq
the stated basis tor the termination.
5.. All arguments and. facts shall be presented
exclusively by Tho~as 'J. Pilacekand Michael Roper: and no,'
presentation' nor comment shall be made by the city's
attorney, Frank Kruppenbacher Cor his designee).
6. BROWNING remains, free to take the position; th~t
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his tenllination was the 'result ofa political vendet~a by"
ci ty . Manager Richard Rozansky; . and . was not for the r~aso!r,
0'flioial1y stated. ' :,
7. At .the the . hearing, with'out any"
other advice ot' inpu~, the Comml..io!'l ~ouidthen vote on the
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issue.
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B. The Commission will be advised only that
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BROWNING has received an unspecitiedsum of money paid br the
League o~ cities in settlement ot only the non-wage IU'Ie!
benefit aspeets of BROWNING's claim. The Commi.sion t?hall
not be advised as to the amount, but '~hal1 be advised that it
is their exclusive province to determine the amount due to
BROWNING for payment ot lost wages and benetits, should ;they
determine that t~e,termlnat1on was improper.
9. The com:mission is entitled to establish: the
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amount ot back pay, if any, to be received by BROWNING ,upon
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reinstatement in its discretion.
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10. The commission may be advised that any aMounts
awarded tor back pay would, be paid in addition to the pay.m~nt
made by the League ot cities exolusive tro. CITY tunds.
11. While the commission" f:lhall b. advised that .it
is their exolusive provinoe to determine BROWNING's
en~i~lemant to back pay, it any, nevertheless, ,Michael Roper,
Esq. (or hisc1esiqnee) aha,ll be' permitted to argue that
BROWNING should receive no more money.
12. Subsequent to exeoution of this &9reement, ~nd
in relianoe hereon, counsel tor the parties may adv:1se the
united statesOistriot Court that the contt:'o~ersy haa been--
settled and m~y be removed from the trial docket.
13. All. parties shall execute'standard formmut\1al
releases which apply to allolaillls, whioh were or ,COUld 'ha'l.e,
been made the.' 8ubjectot litiga'fion 'oradlaini~t~ati~~ action
by BROWNING pertaining to bis employment and/or te:t1ll1~atloh,
from employment by the CITY OF WINTER SPRINGS up to and
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includinq date ot execution ot ,this settlement a.qree1l1ent.
Mutual releases ma.y contain non-admission clauses at the
option of either party.
l~ . By execution ot this agreement under oath
BROWNING repres.nts, stipulates and aqrees that he has
executed this agreement voluntarily with ~ull advice ot
counsel, and that his att~rn.y of 'record, Thomas J. Pilacek,
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FEB 10 '93 14:14 (407) 650-8343
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. Esq., is hereby authorized to execute this settlement in
reliance upon thQ terms hereof and on his behalf.
DATED this
HOWARD BROWNING
plaintiff
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day of ---&t>1lU;:;{' . 1993.
CITY or WINT SPRINGS
Defendant
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By: if.~~~
By&
Michael J., RopAr, Esq.
Counsel tor Defendant
By:
Thomas J. pilacek, Esq.
Counsel for plaintiff
STATE or PLORIDA
COUNTY OF ORANG!
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PERSONALLY APPEARED'betore the'undersigned, HOWARD
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BROWNING, who is personally known tome, and who hereby
acknowledged hil underst~~d1n9 and exeoutionot the toregolng
instrument this day of I 1993.
By:
Notary Public, state ot PL
Cert.. No.
My Commission Expires:
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