HomeMy WebLinkAboutResolution - 2007-R0127 - Settlement Agreement - Terry Ellerbrook - 03/22/2007Resolution No. 2007-RO127
March 22, 2007
Item No. 2.1
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a settlement agreement with
Terry Ellerbrook in cause number 2006-534,715, and related documents, for the purpose
of resolution of said case.
Passed by the City Council this 22nd
ATTEST:
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Rebecca Garza, City Secretary y
APPROVED AS TO CONTENT:
Le Ann Dumbauld, City Manager
Bob Crai> AttorneyWr the
gs/ccdocshes-TE-Settlement Agrmnt
3/21/2007
day of March , 2007.
DAVID A. MILLER, MAYOR
Resolution No. 2007-RO127
MEDIATION AGREEMENT
RE: No. 2006-534,715; Terry Ellerbrook v. City of Lubbock; In the 237th District Court
of Lubbock County, Texas
This mediation agreement is entered into by the parties to the above styled and
numbered cause as evidenced by their signature(s) below and the signatures of their respective
attorney(s). By their signatures the parties acknowledge that this instrument is a Rule 11
Agreement, Texas Rules of Civil Procedure.
The City of Lubbock agrees to pay to the Plaintiff and his attorneys, subject to City
Council approval.
+ the sum of $200,000.00 for attorney's fees;
+ the sum of $30,000.00 for case expenses and court costs;
+ the sum of $20,000.00 for annuity(s) for the children of the Plaintiff, $10,000.00
each;
for a total cash payment of $250,000.00.
In addition to the above, the City of Lubbock agrees;
Terry Ellerbrook (Ellerbrook) shall remain employed by the City of Lubbock
(City) in his current position, or any other position for which he qualifies, applies,
and accepts, pursuant to current City policy, or if terminated for any reason before
January 31, 2012, he shall be paid damages in a sum equal to his salary and all
benefits, including but not limited to health insurance, TMRS, TRMS matching,
etc, through such date, and his employment shall continue thereafter at the
discretion of the sitting City Manager and in compliance with City policy, except
for gross misconduct. He shall maintain his current salary and benefits subject to
increases which are included in the City budget process for employees similarly
situated by length of service and base salary. He shall continue employment and
shall be eligible for promotion to the position of Assistant City Manager, if
otherwise qualified. The City agrees not to retaliate against Ellerbrook based upon
his assertion of any local, state or federally protected right.
2. All terminal benefits, as that term is currently known by the City of Lubbock and
all accrued sick leave shall be guaranteed to be paid to Ellerbrook at the date of
his separation from the City.
3. Ellerbrook shall report to an Assistant City Manager assigned to supervise solid
waste, except Tom Adams.
4. Ellerbrook shall dismiss the lawsuit with prejudice together with any and all
grievances now pending, and any and all EEOC complaints. Ellerbrook shall
execute a release of all claims in favor of the City for any and all causes of action,
known or unknown, and any employment cause of action or grievance whether
known or unknown.
5. The parties shall enter into a joint and mutual non -disparagement
agreement subject to public entity statutes.
G. The City agrees to provide a letter to Ellerbrook chronicling his service with the
City and making a favorable reference for future employment.
7. City agrees that the City will follow all of its policies and procedures and, to the
extent that any future disciplinary action is taken against Ellerbrook, the City will
comply with all policies and procedures in effect that time.
8. If this settlement agreement does not become effective for any reason, it shall
be deemed negotiations for settlement purposes only and will not be admissible
in evidence or useable for any purposes whatsoever.
For such consideration, the plaintiffs agree to give to the defendants a complete, full and
final release of all claims arising out of the circumstances giving rise to the above styled and
number cause and/or the incident made the basis thereof. Plaintiffs further agree to satisfy all
liens arising out of the incident made the basis of the claims, including but not limited to
subrogation liens and/or assignments, if any. Plaintiffs agree to indemnify, defend and hold
harmless the defendants from any and all claims that may arise from the incident made the basis
of the above styled cause, direct or derivative that flow through the Plaintiff. "Defendant" means
the above-named defendant, its officers, directors, employees, agents, representatives and
attorneys. All lawsuits, grievances and claims are to be dismissed with prejudice.
Defense counsel will draw the dismissal papers and forward them to counsel for the
plaintiffs. The plaintiffs and their attorneys shall promptly execute and return same to defense
counsel upon presentation of the settlement consideration or check. All payments due under this
agreement shall be made on or before April 9, 2007.
Court costs will be paid by the party incurring same. Mediation fees will be paid in
accord with John Simpson's letter of February 14, 2007.
So agreed this the CPO4 day of March, 2007, at Lubbock, Texas.
2
P1 K stiff
Attorney for laintiff