HomeMy WebLinkAboutRamos, Anthony A.; 1998-07-10;SETTLEMENT AGREEMENT AND GENERAL RELEASE
This Settlement Agreement and General Release (“Agreement”) is made by and
between Anthony A. Ramos (“Ramos”) and the City of Carlsbad (City”).
WHEREAS, the City has employed Ramos since September 18, 1973, most
recently as a Parks Maintenance Worker III;
WHEREAS, a dispute has arisen between Ramos and the City regarding the terms
and conditions of Ramos’ employment and Ramos’ medical condition;
WHEREAS, the City placed Ramos on paid administrative leave between
December 5,1996 and February 17, 1997, based upon medical evidence it received that
Ramos was unable to work;
WHEREAS, the City placed Ramos on unpaid family leave from February 17, 1997,
to May 9, 1997, at which point he exhausted his 12-week allotment of family and medical
leave;
WHEREAS, Ramos filed a Charge of Discrimination on July 27, 1997, with the U.S.
Equal Employment Opportunity Commission, EEOC Charge No. 345970748, alleging that
the City discriminated against him based upon perceived disability and his Hispanic
national origin;
WHEREAS, Ramos also filed EEOC Charge No. 345970748 with the Department
of Fair Employment and Housing and received a right to sue letter dated July 17, 1997;
WHEREAS, Ramos remains on unpaid leave status to date;
WHEREAS, Ramos now has legal counsel to advise him regarding the subject
matter of this Agreement;
1 CarlsbadWamos\OOJ-agreement
WHEREAS, the City believes that the settlement of the parties’ respective claims
is in the best interests of the City and its citizens;
WHEREAS, this Agreement is a settlement of disputed claims and is not, in any
way, an admission of liability, fault, or wrongdoing on the part of either Ramos or the City.
NOW, THEREFORE, for good and sufficient consideration and for the exchange of
mutual promises, the parties agree as follows:
1. The parties agree to execute a Compromise and Release, in a form approved
by both parties, settling Ramos’ workers’ compensation claims as described in the
Compromise and Release attached hereto as Exhibit A and incorporated herein by
reference for the total sum of $45,000. Said sum shall, as described more fully in the
Compromise and Release, constitute an accord and satisfaction to the maximum extent
permitted by law for compensation and/or reimbursement to which Ramos might be
entitled under the workers’ compensation laws for the injuries referenced in the
Compromise and Release. Said Compromise and Release shall be submitted to the
Workers’ Compensation Appeals Board for approval as required by workers’ compensation
law. Said sum shall be paid within 30 days from the date the Workers’ Compensation
Appeals Board approves the Compromise and Release.
2. Approval of the Compromise and Release described in Paragraph 1 above
is a condition precedent to the remaining rights and obligations contained in this
Agreement. If the Compromise and Release is not approved, all other provisions of this
‘Agreement shall be null and void.
3. Ramos enters into this Agreement in order to receive compensation for his
2 Cartsbad\Ramos\ON-agreement
claims under the California Fair Employment and Housing Act (“FEHA”), in addition to the
other claims agreed upon herein. Should the provisions of this Agreement be null and void
pursuant to Paragraph 2 above, the parties agree and stipulate that the City will not contest
Ramos’ State or District complaint seeking remedies under the FEHA on the basis of
failure to file suit within the statute of limitations.
4. The City shall pay Ramos the sum of $45,000 as consideration for his
resignation and the release of all claims described herein and as compensation for
nonphysical injuries that have arisen from of his employment relationship with the City.
Ramos agrees and understands that the City will report this lump sum as other non-wage
income and that he is responsible for payment of taxes, if any, on this sum. Ramos agrees
to hold the City harmless and to indemnify the City for any liability for payment of any
taxes due on this income. The City will pay Ramos this sum within 30 days of the date
this Agreement becomes irrevocable.
5. This Agreement will become irrevocable immediately after the Workers’
Compensation Appeals Board approves the Compromise and Release attached hereto as
Exhibit A.
6. Ramos agrees to resign his employment effective on the same date this
Agreement becomes irrevocable, to return all City property in his possession, custody or
control at the time this Agreement becomes irrevocable, and not to seek re-employment
with the City at any time. Ramos acknowledges that his resignation remains effective
regardless of whether the Public Employees’ Retirement System (“PERS”) ultimately
grants him a disability retirement. Ramos agrees to sign the letter of resignation attached
3 Carlsbad\Ramos\003-agreement
as Exhibit B to this Agreement at the time he executes this Agreement.
7. The City and Ramos agree to jointly file an application for disability retirement
with PERS no later than 20 days after Ramos executes this Agreement. Ramos
acknowledges that he desires to receive a disability retirement to the full extent that it is
permissible under law. Ramos further acknowledges that PERS, and not the City, is
responsible for determining whether Ramos is eligible for said disability retirement. None
of the duties to be performed under this Agreement is contingent upon Ramos’ receipt, if
any, of a disability retirement. The City agrees to cooperate with Ramos and PERS and
to support the disability retirement application.
bfrr”
fl 8Y% 4 d All inquiries regarding Ramos’ employment will be forwarded to t Julie
&
Clark in A Human Resources Department, who will disclose only: a) the fact of Ramos’
employment; b) the dates of Ramos’ employment; and c) the positions Ramos held.
9. The City will provide Ramos with ten letters, each with an original signature
by an appropriate person in the City’s employ, stating the dates of Ramos’ employment,
the positions held, and that Ramos voluntarily resigned his employment to pursue other
options. The ten letters will be provided to Ramos within 30 days of the date this
Agreement becomes irrevocable.
10. Ramos understands and acknowledges that the City has legal duties that
may require it to disclose this Agreement or to describe the substance of this Agreement.
In addition, the City may be required to disclose this Agreement pursuant to a lawful
subpoena or court order. The City agrees to keep this Agreement confidential except as
required by the Public Records Act (Government Code §§ 6250 and following), the Brown
4 Carlsbad\Ramos\OO3-agreement
Act (Government Code $j§ 54952 and following), and any other lawful subpoena or court
order.
11. The City shall pay Ramos’ attorney, Marilynn Mika Spencer, her attorneys’
fees in connection with this matter, up to a maximum of $8,000. Payment shall be made
directly to Spencer within 30 days of the date this Agreement becomes irrevocable and
after receipt of a true and correct accounting of hours worked.
12. Ramos represents and warrants that he has not assigned or transferred to
any other person or entity any of the claims or grievances arising from his employment,
including, but not limited to EEOC Charge No. 345970748, dated 7/27/97. Ramos will
indemnify and hold the City harmless from and against any claim, demand, damage, debt,
obligation, liability, action, or cause of action (including payment of attorneys’ fees and
costs actually incurred whether or not litigation is commenced) based on, and in
connection with, or arising out of any assignment or transfer or purported or claimed
assignment or transfer, of all or any part or portion of the claims described here.
13. Ramos further agrees that this Agreement completely settles with prejudice
all non-workers’ compensation litigation, tort claims, administrative charges of
discrimination, and any other charges, complaints or grievances Ramos has filed to date
regarding his employment.
14. In consideration and inducement for this Agreement, the parties, on behalf
of themselves and their successors and assigns, fully release and discharge each other,
past and present Council members, officers, agents, employees, attorneys, successors,
and assigns as applicable from all actions, damages, liabilities of whatsoever kind and
5 Carlsbad\Ramos\OO3-agreement
character, including, but not limited to, any right to employment or reinstatement to any
position with the City, any common law contract or tort causes of action, retirement,
workers’ compensation claim as described in the Compromise and Release attached
hereto as Exhibit A to the extent permitted by law, unemployment insurance claim,
employment discrimination of any kind, or violation of any other federal, state, local or City
ordinance, regulation, rule, or order arising out of Ramos’ employment with the City,
benefits, or separation.
15. As a further consideration and inducement for this Agreement, the parties
agree that this Agreement shall apply to all unknown and unanticipated injuries and
damages resulting from the issues raised in connection with Ramos’ employment with,
benefits, or separation from the City. The parties hereby expressly waive the provisions
of California Civil Code section 1542, which states as follows:
“A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which if known by him, must have materially affected his settlement with the
debtor.”
The parties acknowledge that in the future they may discover claims or facts in addition to
or different from those that they now know or believe to exist with respect to Ramos’
employment, benefits, or separation, including, but not limited to EEOC Charge No.
345970748, dated 7/27/97, or the subject matter of this Agreement, and that they intend
to fully, finally, and forever settle all such claims that may arise up to and including the date
that this Agreement is fully executed. This Agreement will remain in effect as a release,
notwithstanding the discovery or existence of any additional claims or facts.
6 Carlsbad\Ramos\OO3-agreement
16. Prior to executing this Agreement, Ramos hereby represents and warrants
to the City that he has had adequate information concerning the claims and defenses of
the parties in connection with this matter to make an informed decision and has,
independently and without reliance on the City, and based upon such information that he
has deemed appropriate, made his own analysis and considered decision to enter into this
Agreement.
17. Ramos warrants that no promise, inducement, or agreement not expressed
in this Agreement and the Workers’ Compensation Compromise and Release attached
hereto as Exhibit A has been made to him in connection with this Agreement. Ramos
acknowledges that he has been represented by legal counsel with respect to matters which
are the subject of this Agreement and that his legal counsel has discussed this Agreement
with him and has fully advised him with respect to the rights and obligations he assumes
by executing this Agreement. Ramos acknowledges that he has entered into this
Agreement voluntarily.
18. This Agreement, the EEOC Settlement Agreement signed on July 10, 1998,
and the Workers’ Compensation Compromise and Release attached hereto as Exhibit A
contain the entire understanding and all the agreements between Ramos and the City.
The terms of this Agreement are contractual and not a mere recital.
19. This Agreement shall be construed and enforced pursuant to the laws of the
State of California. It is agreed that only the fully executed original or copies of the fully
executed original document are admissible in evidence.
20. This Agreement, and the sums transferred hereunder, are executed without
7 Carlsbad\Ramos\OO3-agreement
reliance on any representation by any party to this Agreement concerning federal or state
tax implications.
Mayor of the City of Carlsbad on
behalf of the City of Carlsbad
APPROVED AS TO FORM:
f7L-Q .n.&
Ronald Ball, City Attorney
By:
7/a-J/T 8@
Date
By:
APPROVED AS TO FORM:
* awit&
Cybthia O’Neill
Whitmore, Johnson & Bolanos
FOR RAMOS: a 4 6
Anthony A. R&OS
APPROVED AS TO FORM:
Mariltnn Mika Spencer
Attorney for Anthony A. Ramos
~~,~~?8
Date 1
Carlsbad\Ramos\OO3-agreement
To be replaced by Workers’ Compensation Compromise and Release
when it becomes available
Workers’ Compensation Compromise and Release to include the following:
1. Settlement for $45,000 to cover medical, discrimination (Labor Code section 132a)
and serious and willful violation (Labor Code section 4553.1); and
2. Attorneys’ fees for applicant’s attorney Thomas Hampton to be 15% of $20,000.
SPACEHOLDER FOR EXHIBIT A
EXHIBIT "A" ATTACHED - 9/4/98
9 Cartsbad\Ramos\003-agreement
4 c: 52 -clLi--lcA *_, .Li r d I L.bjL.4 rrr 11 ?Iihrl 3 r. c. 17 ._ L "~ 0. ,'T .J>+*si-t r. GL
EXHIBIT "A"
8-04-1993 4.33nr I FRC!A GG4ES ROBERSO~~ BOU? 7 f 45738446 P. 3
COMPROMiSE AND i?ELEASE PLUSE ¶I% INSTRUCTIONS ON
aMRSC Of P$!c( 2 BCFOAE
COMPLFllNC fORhI
STATE OF cALIFcfwA
DEPARTiKNT OF INDUSTRIAL REUTlONS
OIb’iSlON OT WORKERS’ COMPCNSATION
WORKERS’ COhU+MS-n’FIOti APPEALS SOARI,
CASE NC. y&
SOClALSECURlfYNO, 548-32-9260
436 VICTORIAN PLACE TONY RAMOS VISTA, CA 92083 *ppLlUrn rEU%OvrXI
CITY OF CARLS 1200 CARLSSAD VILtit%sDR. WssBAD. CA .92QQ&. P.O. BOX 881267 -=
_. ._. SAN DIEGO, CA 92168-2267
1. Tha lrijured employee claims that tiile employed as a PARK KAINTENAHCE WORKER 111 (occuPAYr6W AT TIYE oi tHJuu%
on 1. 10116/96 AND
2.-12(5/&~w1"Jus~ (alto tus ained in’ury-arising out of and PSYCHE/EMOhIONAL AND BRAIN.
2 The parties nereDy agree to Settl8 lrny &nd a11 clrimr on accounr ot Said Injury By the Payment or tne cum ot t 42 660 . 66
In addition to any sums heretofore paid by the employer or tne insurer to tne employee. lest amounts ret forth in Paragrapn NO. 8.
f Upon approval or tni$ Cofnufomlse agreement by the Workers’ Conponotlon lbpeals Board or a ve?kcl8’ eompanootion &age and paymoe
in rrccordance wlttl the provfslons hereof, said empoyes releases and tower discharges said employer and Insurance carrier from I
cb&s and causes of action, whethsr now knovn or ascertained, Or WhiCh may her8aftef arise or develop as a re.Sult of saia injurl
uxlwrng any and ,a11 liaoility of $uld employer and said Insurance carrier and each of them to the dependents, neirs, eYecute:r
representatives, admlnlatrators or asslgns of Said employee.
4. tInlosE othervrrt crpressl~ providea nerein, approval of thlr agreement RELEASES ANY AN0 ALL CLAMS OF APPLICANT’S DEPENDE?ITS :
&ATM BENEFITS RELATING TO INJURY OR’ INJURIES COVERED BY THIS COMPRoMlSE AGREEt&NT. The parties havo considered :F
release of tnesa benerits irr arriving at the sum In Paragraph No. 2
d Unfesc athervlse expressly oraered by a workers’ comBensatlon JuUge. approval of thr8 agreement DOES MOT RELEASE ANY CLAM iPPl
CAN b@Y NOW OQjEREAFTER HAM F OR RfRALllLlTATlOR OR BMEFITS IN COHNECTION WITW REHABILITATION.
8 The parties represent tnat tne rolrowtng facts are true: (It facts are clisputea, state what e&h party contends under Pafzgrapn 1C
om OF Elmi ACTUAL URNINCSAT WE OF IWJUW S704,36 PW
FUYER OR lN3UWCE CARRIER
TEYrnR’w DlwLm WDfWrw w3wrRm WftoDs COVLAEO
t&SYDN ffFWOWOU,C TOWS fbJU8T IN DISPUTE.
_.
RRUbNENTl5ISMtUl-V INOEYUIW TOTAL UEOICAL 4NB kosPf% BILLS SOME, -
sE~EflT3 CUIMEO BY INJURED EMPLOYtX -.. .
BEOINNI’~C &NO ENWIt IX=3 Of ALL #RIOOS OCC Ot,tC TO TIM IUJUSY U@I~ 4~0 UOSPRU BUS WO BY EYPcQWC
-O- TOTAL VNWO YEblCU AND HOSprrrC EXPENSE HONE KNOWN. UnbUTCD FUIURt UiOlCU QRENX UN);NOWN.
TBe o pa~~jw! APPGICANT. _ -.- .- ~06e Paid BY APPLICANT- -
. ME FOUOWING AMOUNTS ARE TO BE DEDUCXD FRQM’$ij’iLEMENT AMOUNT;
J- PAYABLE TO PAYmE TO
Be atner than in a lump sum, or tnere IS a$jitiQngr information, sp8cify on separate page(s). ) IDm= NT'I D~PM~N~WF DTSABILITY ADVANCED TO DATE OF ORDER OF APPROVAL, IF
AUS-04-96 16rS6 FROM:LAW OF. .Ch8 SCOTT 0”MARA 10:6lS25-.is23 PACE 103
1
K. WS mt nrntiomU in Ptmfpph we. 6 era CD w at- ot u h-44
8 Fa ?ne oupes otcbet8rminlng Mt non clahfe) Ned tar mncfita Wid p&ant to Vu Uneqbp~W& fWxranc.o Co&! Of ftx b.WiB
fUl?kdWd Dy Liul ChbZUltS @thMd in Ldbqs &It%2 sic. -1. thE ~tt6 wopO= rrductior, Qf tb iiCn d8h(S) in ItCWfdMcO dth
rmac annehod.
p. AEp(lcant’r: (eraployee6) attorney rsqvcsts a fez of $3 be0 s. h-nt 61 rtbfncy tee previoosly paJ4 If my, S -0 -
W Uuimn fW N&Se. epeCiZtl~0vlSlofB reqlrding MBOillLNgmmdderth b3Mit era&G arrcr,addlUond infmtion:
I&XT- IWC~ESJWY c3AIPI POR L.C. S-ION 132 (A) m/OR SgEzIOUS m 1oftLFUb KISCONpUCr BENEPITS,
" P'$AS;AS,DDENDUIIS A " and "13~ "ATTACHED EiERfio AND M&DE A PART BEREOF : ,-
. ..--.. a-.---.,_
:‘
. . . .
i
lf. It is aped by aR partlet ncreb trm us wing d this &cmw& is rhe fili@ of m apwkation on bakslf of the mplofle. and that th
WltrJ, wy in its &screUan set Ihe fatter for rmrtng es a regular applkatkq rrs23Wing to the WTlcS the ri&t to wt In ISSw 8W Of
me facts aamlrtea huein, aM that It
-..*.*-----m*, .e.-C. .-I-d- HI**LI%LIdWlllrCIIIYI)&V$#&Sti-
.
AUC;-04-98 16~66 FROMILAV OFF ACES SCOTT O"flARA 10~818235JS23
f l '
PACE 213
RE~...2EQNX RAXOS v. CITY OY CARLBBAD I I”l4I)Ct*l* Y
WCAB NO: SD0 228712/UNASSIGNBD CUU?f NO: SW6005'9
A..dispute exists betveek the pactfes CLS to liability for self- . promed and future medical treatmeat;, medical/legal costs, earnings, perfods oftemporarydisability, p3rbanentcSisabflftyand rehabilitation. The parties wish to uncertaintics of. further Zitigation avoid the hazards an
contemplated tbercin. and settle by the lump sum
This agreement represents full and final settlement of any liability on aCCOut af the CITY OF CARLSBAD with respect to any and all exr@oyment and further is bbsed upon any cumulative trauna or specific injuries that may have occurred during such employment at CXLTY OF OARLSBAD for the parts of the body set forth in-------- Paragraph I-
The settlement includes any claim for Interest up to twenty~'
five (25) days of the service of Order Approving Compronfse and Release upon defcndantc. -
Applicant's right to vocational rehabilitation benefits may& in dispute - Agplicqnt understands these benefits and does not vish to pursue them at this +imz. m-M; --
Applicant has been advised and fully understand that thi+ Compromise and Release AQreexentreleasts any and all claim of his dependents to death benefits relating to the bftrxy or infurfes cover&d by this coupronise agreement.
The applicant has been advised and fully understands that this Compromise and R@lease Agreement releases any ChhL of illjUry, eitkr specific or cwimlative resu1tfng rr03ti past or future rehabilitat=fhproceq which emanated or emanates from the injuries referred ta on page one, paiagraph one of this agreemmt. This paragraph does not contemplate settling other normal Vocational rehabi~itatlon benefits in the future as a result of tie injury herein. Edaers vs. SCAB 50 CCC 299. Car$er vs. Cmmtv of LOS Enerelec: Weathors~oort vs. St, FerQinand*s Schooz and Cdntitancia VS, us AnGeles CountyL 51 c.c.c- 255 (1986) and any GurLlsequenk
DATED: Jr[ 4tq y-
lY.~u-J-+-‘~~ La-’ - 22 i // LHr. id- .’ .I ,, ~, r, 4. i,lL..- d_. -“d’iL,-r
~-ad-k8 4:36PF.! FROM LW .,kES RO~ERSON BOUR 7 I 45,73adgb
?
__ -
RE: TONY R.hKOS V. CITY OF CZUXLSBAD . WCAB NO: Unassigned - DOI: 12/S/96 CLAIM NO: SD9500fP
If called to testify, Jerry Rodriguez, supervisor, and co- employees would testify arpplfcant was not subjected to stress or harasomont and that Mr. Rodriguez's conduct constituted *'good faith personnel action5
Based upon that t&timony as well a$ the report of Dr. Reiss dated 717197 it injury AOE/COE,
is recogni,zed that there is a substantial issue of
would defeat and that this issue, ff resolved against applicant, this entire rehabllftafion claim, including =nY clrtim to benefits under Labor code Section 139.,5. Accordingly, it is recognlzed ancl agreed that this Compromise and Release will forever release and discharge defendants from any claim for rehabilitation benefits on account of the injury or injuries alleged herein,
All parties request that the judge approving this Compromise an8 Release alsa make an express finding that there is a good faith and serious_issue of injury AOX/COE, and if this issue were resolved against the employee, the employee would be totally barrec¶ from recovery of compensation, Thornas vs. Sports wet. Inc.. 42 cc
625.
Applicant has been ad*isad and fully understands that this Compromise and Release Aqxeement releases any and all claims of applicant's dependents to death benefits relating to the injury or in juries covered by this compromise agreement.
. rj
P. 1’
ADDEHDUX IrB"
.
STATE OF CALIFORNIA
DIVISION OF WORKERS’ COMPENSxrION
-- ._
c)e%u;ttwL#l File NuAber
DECLARATION
:
I, TL4h.&& a” . I ’ ,sxxe co my ‘mowledge
and belief there is no lien or lien aginst my workers’ compensation benefits arising 5om tis
injury(ies) held by any co- county, state, disaict arcorney, public agency or person arising Tom
child or spousal support obligations or for relief payments to me,
I deck-e under penalty of perjury under the laws of the Srate of California this de&ration
is true and correc: and was executed on Jy /WMF at San Diego, California.
-.
8-04-i 998 4 : 38P!.1 FROM _ &(/ES ROBERSON BCUR 7 145738&- P. 3’ . ,r. * 1 *
S.Tt\TE OF CALIFORNIA WORKERS’ COiMP-ENSATIOl’i APPEALS I3OARD SANTA, ANA, CALIFORNIX
TONY %4klOS,
Applicant,
CITY OF CAKLSBAD,
TRISTAR,
Dcfendanrs.,
Case No. EP.6 .
ORDER APPROVING
: COMPRUlMXSE AND R&EASE
BAS.ED UPON (XX* The reasons given 1n the sctdement. (2~4 ‘Ihe inedical tepons on file, ( ) The Disability Rating. SctGemerir appears fair and reasonable and is deemed adeql!8:e, (X ) A serious and legitimate issue of injury arising out of and accuhg in rI;e
cowsc of employmenr exists which.mighI, if resolved against the employee, totiy bar emplo l ec recovery of workers’ corn ensation benefits. [Thomu~ s vs. @gp Chalet. Inc.
42 C. ‘.C. 625) (12/5/96 injury - ($- ) Applicant unders-zrtds settlement incIudcs claim for compensation and mcdicaI treatment for any injuries susrained in ‘rwationa rchabiliwion. @Q&[LV WcA& (1985) 168 CA. 3d 561.’ (10/16/96 infury).
. ( X ) Applicant understands that this agreement includes death bcnef36 cIkm4 by dependents r&&g to injun or injuries covered krein. ?hc parries to rhe above-cnddcd acciort having filed a Compromise and Relca~e herein,
OR a114 t1r settling rhis case for S mm s in acldition to al sums which
may have been paid previously, and reques*&g chat it l>e approved; and this Bo<d having considered the entj, record, includhg said Compromise and &lease, now fihb that it shouId be a proved.. IT & ORDFSD {hai said Comproomi~ and Release be approved. AWARD IS WE IX FAVOR OF
CREDIT FOR PERi’i’M’CNT DISABILITY ADVU@XD TO DA ,p IF Aly
Workers’ Corr,pcnsador! Judge
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RE: TONY RAN08 VS. CITY OF CARLSBAD; WCAB NO.: SD0 228712
PROOF OF SERVICE
STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE )
I am a resident of the County of Orange, State of
California. I am over the age of eighteen years and not a
party to the within action. My business address is 17821
East Seventeenth Street, Suite 220, Tustin, California
92680. On August 27, 1998 I served the within enclosed
COMPROMISE AND RELEASE AND ORDER APPROVING COMPROMISE AND
RELEASE on the interested parties by placing. a true copy
thereof, enclosed in a sealed envelope with postage thereon
fully prepared, in the United States mail at Tustin,
California, addressed as follows:
Tristar P.O. Box 600630 San Diego, CA 92160 Attn: Joanne Carnes
.i, '; . age Dr. 8 (P&C).
Law Offices of Scott O'Mara 2370 Fifth Ave. San Diego, CA 92101-1611 Attn: Thomas Hampton, Esq.
J. Sterling Ford, M.D. 4501 Mission Bay Dr., #2E San Diego, CA 92109
I declare under penalty of perjury that the following is
true and correct. Executed on August 27, 1998 at Tustin,
California. s
b--JL&, !J-WL--.
MICHELLE MACIAS
July 10, 1998
Re: Notice of Resianation from Emplovment with the Citv of Carlsbad
To Whom It May Concern:
This is to notify you, that I am voluntarily resigning my employment with the City of
Carlsbad effective upon the date that the Settlement Agreement and General Release
executed on July 10, 1998 becomes irrevocable. I understand that my resignation will
remain in force regardless of whether the Public Employees’ Retirement System (“PERS”)
decides to grant or deny my application for disability retirement, to be filed as soon as
possible.
By:
EXHIBIT B
10 Carlsbad\Ramos\003-agreement
July 21, 1998
TO: City Clerk
FROM: City Attorney
RAMOS V. CITY OF CARLSBAD, WCAB CASE NO. SD0 228712
The City Council, at its closed session meeting of July 21, 1998, approved the
Settlement Agreement and General Release in the above referenced action. Attached
to this memorandum is the original agreement for the City’s permanent records.
I have prepared an agenda bill for the meeting of July 28, 1998 reporting out on the
settlement agreement.
Thank you for your assistance in this regard.
RONALD R. BALL
City Attorney
rmh
attachment
c: City Manager
Assistant City Manager
Acting Human Resources Director