HomeMy WebLinkAboutCarlsbad Police Management Association; 1985-11-04;- -v
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SETTLEMENT AGREEMENT
WHEREAS, the City of Carlsbad (City) and the Carlsbad
Police Management Association (CPMA) have a dispute regarding
briefing time pay for certain police department management
employees; and
WHEREAS, CPMA and City recognize the adverse impact of such
disputes on the employer/employee relationship and desire to
maintain a good relationship free of such conflict; and
WHEREAS, it is understood that this agreement settles
disputed claims and that it is not an admission of liability
for all or any part of said claims; and
WHEREAS, the parties desire to effect a complete settlement
of this dispute,
THEREFORE, CPMA and City, hereby enter into the following
stipulated agreement:
1. In consideration for a waiver and release of all claims
concerning briefing time pay, or alleged overtime for working
briefings, line-ups, or on Code 7 time, the City agrees to pay t
CPMA the sum of seven thousand dollars ($7,000.00).
Further, the City agrees to pay the employee contribution t
the employee I s retirement account not to exceed nine percent
(9%). The City currently pays a portion of the employee
contribution, therefore, the amount to be picked up the City is
two percent (2%) of salary. Payment of the employees retirement
contributions shall be retroactive to January 1, 1985.
2. CPMA agrees on behalf of itself and all its members to
withdraw any and all claims now pending and in consideration
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hereof releases the City for any and all liability for briefing
time pay, or alleged overtime for working briefing, line-up or
Code 7 time arising out of any work schedule, whether past or
present, in effect in the police department. Further, CPMA
agrees on behalf of itself and its members not to sue, complain,
grieve, or otherwise seek reimbursement under federal, state or
local law on account of briefing time or alleged overtime for
working briefing, line-up or Code 7 time. CPMA verifies that it
has sought and obtained the approval of this agreement by its
members and is authorized to make the covenants contained herein
and to bind its members and their heirs, successors and assigns
to all aspects of this agreement.
3. CPMA on behalf of itself and its members hlereby
expressly waives all rights and benefits which they now have or
may have in the future under the terms of Section 1542 of the
California Civil Code which provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in its favor at the time of executing the release, which if known to him must have materially affected his settlement with the debtor."
4. It is agreed and understood that a true, accurate and
complete photocopy of this document is deemed a duplicate origir
Each of them to have full force and legal effect as such.
Dated: Dated : ,'/// d/yJy
CITY OF CARLSBAD CARLSBAD POLICE MANAGEMENT
ASSOCIATION
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2.
* Exhibit B
Resolution No.
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BRIEFING SETTLEMENT
WHEREAS, the City of Carlsbad (City) and the Carlsbad Police
Management Association (CPMA) have a dispute regarding briefing time
pay for certain police department employees, and
WHEREAS, CPMA recognizes the need for scheduling which will
accommodate the efficiency of the police service, and
WHEREAS, the parties desire to effect a complete settlement of this
dispute,
THEREFORE, CPMA and City, hereby enter into the following stipulated
agreement:
1. As compensation for briefing time pay prior to January 1, 1985,
the City agrees to pay CPMA the sum of Seven Thousand Dollars ($7,000).
2. As compensation for briefing time after January 1, 1985, the
city agrees to pay the employee contribution to the employee's retirement
account not to exceed nine percent (9%). The City currently pays a portio
of the employee contribution, therefore, the amount to be picked up by
the City is two percent (2%) of salary. Payment of the employee's retire-
ment contributions shall be retroactive to January 1, 1985.
Dated: It f1.r I 18s Dated: /l/Li&K CITY OF CARLSBAD CARLSBAD POL CE AGEMENT
ASSOCIATION
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Title: ?~diA~,~r- M c P/t, I+
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