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HomeMy WebLinkAbout1998-07-28; City Council; 14794; Settlement Case SDO 228712 Ramos v. City- 5 dTY OF CARLSBAD - AGENh BILL AB# 14,794 MTG. 7/28/98 DEPT. CA TITLE- REPORTING OUT THE TERMS AND CONDITIONS OF THESETTLEMENT As REQUIRED BY THE BROWN ACT IN RAMOS V. CITY OF CARLSBAD WCAB CASE NO. SD0 228712 AND RELATED CIVIL CLAIMS RECOMMENDED ACTION: There is no action the Council needs to take. ITEM EXPLANATION: DEPT. HD. CITY ATTY. CITY MGR. +‘?- At the City Council closed session meeting of July 21, 1998, the City Council discussed and approved a proposed settlement of the above referenced case. The parties have settled this action and this item satisfies the Brown Act requirement to report the fact of a settlement of litigation approved in a prior closed session, and make the terms and conditions of the settlement available to the public. The Settlement Agreement and General Release is on file in the office of the City Clerk. FISCAL IMPACT: The cost of the settlement is $98,000. EXHIBITS: None , ’ I . 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 Ill; 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 Carkbad\Rarnos\M)3-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 Carisbad\Ravw&O3-agreemenl 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 CarlsbadiRamos\003-agreemenl 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. w Julie P@ d All inquiries regarding Ramos’ employment will be forwarded to ‘t Clark i “El 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\RamosW3-agreement Act (Government Code §§ 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 CarkbadiRamos\OOZ-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 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 CarkbadRamnAOO3-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: APPROVED AS TO FORM: 0-Q 42.~ Ronald Ball, City Attorney By: 7/a+ 8. Date By: APPROVED AS TO FORM: * ojG& Cyfithia O’Neill Whitmore, Johnson & Bolanos FOR RAMOS: h 4 & Anthony A. R&OS Marilbnn Mika Spencer Attorney for Anthony A. Ramos Oh-h8 Date 1 Date 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 $20,000. SPACEHOLDER FOR EXHIBIT A ExHmrr %f* ATTACHED - g/4/98 9 CarlsbadRarnos\ClO3-agreement . , - EXHIBIT "A" . .8-&l- I 393 4 .33P11 FIX!-f L.-~'JES ROBERSorq BOc? 7; A5738ASt P. 3 COMPROMISE AND RELEASE PLELSE ¶EE INtTRUCTIPNS ON mERSC Of P$ce 2 OCfOAC CWPLE7lrut FORM WATE Of CALI~OIWA DEPnRTL(ENT OF II(OUSTRIAL REUTIWS OlJlSlON Of WORKERS’ COMPCNSATION WORKERS’ COMPENsL\‘F~oN APPEALS BOARO CASE NO. g!S SOClALSECURl7YNO. 54*-92-9260 436 VICTORIAN PLACE -TONY RAHOS VISTA, CA 92083 @PLIc*KT WYO~CI CITY OF CARLSBAD 1200 CARLSBAD VILti~DR. eoP4Ecr H*YE aF LbwLOYCP -.4BAD. CA 92Of& P-0. BOX 881267 - N&E OF INSUrUWCE CbRUlE.9 . . .-. SAN DIEGO, CA q 1. ~~a~nj~redemp~oyeec~a~mst~rt~i~eemp~oye~asa PARX XAINTEWCE WOmER III (OCCUPAYl6N AT WE OF uirlusy: (cm $EAD, N SHOULDERS, 2 The parties neroby agree to Settle any and rtJ claim6 on 8ccounc ot said InJury 8y the Dayment or me mm oft ~00.00 In addition to any sums heretofore paid by the employer or the insurer to me omployea. IosS amounts set forth in Paragrapn No. 6. 1 Upon apwovat of this coNxomlsc agreement ay the Workers’ Conpens~tlon &ta18 Board or a v&cr@ eompanootion Juage and pan? In rccordrnce with the provfslons herrof, said emgtoyee releases ond forever dlschargffs said unplayer and Insurance carrier from ; ckhs and causes of action, whether now known bl ascertained, or which may hereafter arISe or develop as a result of saia injw: lnclwlng any md,arl IiaDitity of satd employer and sold Inswrance carrier and each of them to the dependents, hairs. execute:: rwrsSentative8. admlnlstrators of asslgnk at raid employee. 4. IJnles8 otnorvrcc expressly proviaea nerain, approval of this agreement RELEASES ANY AN0 ALL CLAMS OF APPLICANT’S DEPENDENTS : &AT& 6ENEFtTS REIATING TO WURI OA &JWRIES COVERED BY THIS COMPROMtSE AGREE&NT. The parties navo considered :f release of these benefits in arriving at the 8w In Paragraph No. 2 6. Unloro stherwlse expressly oraered by a workers’ compensation ~uaqe. aggroval of thlS rgreamont DOES NOT RELEASE r\NY CLAIM APPL CM4T MY NOW ORJjEREAFTER HAVE FOR fiEUAf)lLITATlON OR BMEF ITS IN CONNECTION WITH REHABlLfTATlOK d The parties represent that tne followlng facts are true: (If facts are disputea, stow what r&h party COntmlS under PafWfaDh K mTE OF Blmi ACIUAL EdRNINC!SA~ TIME OF INJURY UsTolY Ocf WOW OUC TO Till Is JUW 36 PER_. IN -UTq. WE9]LSMVLOYER OR tNSUR4NCE CARRIER -. TEMlrorov DwdJLm ~OWWrrt w3w VnArG emaDs cadxco ~aYANWLNTblSUJILlTV INOEYktll TO-ML UcOlaL AN0 nosPiTu Bus SOME. ’ BENEFTTZI CLAIMED BY INJURED EMFLOEE BEOlNNt~G ANO LMWNG M?ES ff ALL PERIODS OCC &IL TO TN’S INJUPV . r(DIW AND NOS?lTAL BlLU PUD BY EbkOVCt TDTU UNWO YEDlCAL AND HOSRTU UDWSE HONE CSTllUl%D FUTURC UtiOICU mPENSf mNOWN. _ be Other than in P lumo sum. or tnere IS a&jitiqrql Information, SpeCify on separate Page(s). ) LESS ALL PERMANENT DISABILITY ADVANCED TO DATE OF ORDER OF APPROVAL, -fF - . . AUC-04-98 x6*66 FROtl:LAU OF :Ei6 SCOTT 0”MARA ID:6192: 623 PAGE I/3 . . . 7. Ms not m8ntied in Pmaq8ph Elb. 8 l (0 w alqxm d IP csibwt~~~**~ 174 DRU~JC htic A-c, 43~~~ ,1 z. 4 fff YJW wpbm Ot%Ot~~~nl~ Mt IIM Cl&W(U) fl# tQ OOtUtitB Wid +UM to Vu Uhe9pbrPgflt WralU6 C&C Or tar benslitS fWlWhOd Oy GM dabPantS aeilfmd In La&f CbM SC. al. th mltb WopOrle ftdoct’orr 4f the lien Claia(s) in .9&z0r~0 rlth tmmc inarhoa 9. A@lctnt’s (ecrrployee6) srcffneyraquc* a ftc of $ 3 da3 2%. bPrrrrt of 4tcatncy fee prwitxst~ piti* It my, s -a - W R6sm fur CorporPise. 6wxial govltlom teqpding reflaMltatlonandderth Benefit claims ana,aUdhion~ infermarion: SliTiT~ XWCLUDES ANY CL& POR LC. S’ECTXON 132 (A) m/OR SgRIOUS AND WILiLFUL XISCONDUCLI BREFLTS, -E SEE ADDRJDUHS “A” and Qw WTACEIEJ Bm AND HRDE A PART gEREop BY REFWG‘F:- . ..--.. e-.m--.- . . .- .*I - . . 1% R is ageed by an Qutlet f~retn Uw tip tiring of this m is ~hr fiiliw of m apptication on behalf ol th6 6N~Iope. nnd th& tla wllc# uey in its discrethn act the arjner far rpuing as a regular aFpocatiq mSaWing to ttbe p2ttks the ri$ttt to pR In k%e uy Of. try tacts auudttwa herein. and tM If hcuing Is kid M~I this docrrmem IrsBd as idi Z@DfICation tk Ucftndent6 glall have aVSltlW b Uist ti UefCnSeS VW Were PrirlJble 6S Of t?lJ date Of fiting Of tiS docupem, UV~ that Ue m my -ta- Cim# appravt said reement ana Fieleasa or dt - SATE OF CXJfOlW4 ’ WQ - - . . AUC-04-3e 16.66 FROMILAV OF1 .ES SCOTT 0”MARA XDISIBP~? 223 P&GE 2f3 . . / . . l ' RI%.-2mzzY RAXOS v. crm OM cnRLsaAI> .- 1 1” t.lwbfil* Y WCAB NO: SD0 228712/UNASSIGNBD CLAIM NO: SD86005’9 A.dispute exists betvet& the parties as to liability for self- . procured and future medical treatment, medicalfL2gal costs, earnings, periods of temporary disability, parbakv=t disability and rehabilitation. The parties wish to uncertaintics of.furthu Litigation avofd the hazards an wntenrp'lated therein. and settle by the leap sum 95%~ agreement represents full and final settlement of any liability on account of the CITY OF CARLSBAD with respect to any an8 all employment and further is based upon any cumulative trawa or specific injuries that may have occurred during such wployment at CITY OF CAM&SAD for the parts Paragraph l- of the body set forth in----.---- The settlement irrcludes any claim for interest up to twenty:' rive (25) days of the service of Order Approving mmpronfse and Release upon defendants. - AppIicant*s right to vocational rehabilitation benefits nay& Applicant has been advised and Fully understind that thi+ Compromfse and Release Agreenentreleases any and all clainzs of his dependents to death benefits relating to Me injrzry or infuries cover&i by this conpronke agreement. The applicant &as hen advised and fully understands that this Compromlso and Release Agzaenent releases any Claim of in3Uxy, either specific or cumulative tesulting rr0xt past or future rehabilitatf&t proceqs which enunated or emanates from the injuries referred to on page one, pa&graph one of this agreemnt. This paragraph does not; contemplate settling other normal voCationa rehabilit;afAon knefits in the future as a result of tkc injw herein. ~odcrer vs. WCAB SQ CCC 299. Cw vs. Cixntv of tas &nQe~eS: Weathb~oonvs. St- FprQinmdts SchooJ, and Cdnktancia V.sL LgS h-es CeuntyA 51 C.C.C. 255 (1986) anc¶ any 6uUsequen~ . L-of-+- q- GDy~.-u ADDENuUX nA” 8-0;l-I998 dz36F't.l ma4 - .LES ROBERSON BOUR 714573869, - ‘0 RE: . . _ -- TONY WLMOS V. CITY OF CARLSBAI) WCAB NO: Unassigned - DOI; 12/S/96 CLAIM NO: SD960059 If called to testify, Jerry Rodriguez, supervisor, and co- cmployces would testify applicant was not subjected to stress or harassment and that Mr. Rodriguez's conduct constituted llgood faith per6onnol action". Based upon dated 717197 it injury AOE/COE, vould defeat rehabilitatiion Accordingly, it that testimony as well as the report of lk. Reiss is recogni.z.ed that there is a substantial issue of andWiain::;6, issue, If resolved against applicant, this claim, including =nY claim to banefits under Labor code Section 139.,5. is recognized apr8 agreed that this Compromise and Release will forever release and discharge defendants from any Cluim for rehabilitation benefits on account of the injury or injuries alleged herein, All parties request that the judge approving this Compromise and Release also make an express finding that there is a good faith and BariOUS_i66U@ Of injury AOE/COE, and if this issue were resolved against the employee, the exnployee would be totally barrec¶ from recovery of colnpensation, nonas vs. Sports Chalet. Inc..,42 CC 625. Applicant has been adirisad and fully understands that this Compromise and Release Agreement releases any and all claims of applicant's dependents to death bmefits relating to the injury or in juries covered by this.compromise agreement. ADDENDUM "B" STATE OF CALXFORNU DIVISION OF WORKERS COMPENSM’ION -- ._ L)4Arr;truw File Nurkber DECLARATION I, TiL&L -0 4 I ’ ,sme to my Isowiedge and belief there is no lien or lien a=@nsr my workers’ compenstion benefits arisiq iiom this i.njury(ies) held by any COUR, county, state, disuic~ attorney, public asency or person arising Tom cold or spousal support obligations or for relief payments to me. I declare under genaky of perjury under the laws of the State of Glifomia this de&radon is true and correc: and was executed on r /W14F at San Diego, CA.ifomia . . a-QA’ 1938 4 : 38P!.i FROM - iv,ES ROBERSON BOUR 71657386~ - P. 3’ . . / * 1 \ S.TtlT& OP CALIFORNIA WORKERS’ C01bfP%-i%AT10N APPEALS BOARD - SANTA ANA, CALIFOkNIA TONY RAHOS, Applicanr, VS. CITY OF CARLSBAD, TRXSTAR, Defendam, . . ORDER APPROVIbiG COMPROiMISE AND RELEASE BASED UPON (XX* The reasons given in the settlement. (x& The rncdical teports on file, ( ) The Disability Rating. Stcdemcrit appears fair and reasonable and is deewcf adeqwe. (x > A serious atxl legirimate issue of injury arising out of and occurring in the course of employment exists which.migk ifrcsotved against the cmpIoyet. totally bar emplo l ee recovery of ulorkrs compcnsstion bcncfits. ghomas 42 C. ‘.C. 625) (12/5/96 injury) - O=, ) AppLh~ unders-ends settlement inclucks claim for compensation and medical Ueatment for any injuries susrained in v#ationaI ;chabilikon. (Rdd,at<cv wcA&) (1985) 168 CA. 3d 567.’ (10/16/96 injury). . ( X ) Applicant understands that this agreement includes death bencfIts cIti by dependents rclatig to injury or injuries covered herein. ?hc parties to the ab~vc-entidcd action hating filed a Compiamise and Release h&n, on ‘6114 11x sccrhg his case for S two s in addition co all sums which may have kn paid previousIy, and nques=Ling that it be approved; and this B&d having considered t)le en& record. includng said Compromise and Relcas~, now fihck that it shouki be a proved. IT & ORERED tha; said Compromise and Release be approved. AWARY IS WE s FAVOR OF CjtEDfT FOR PER’rL(W&NT DISABXLIfY ADVANCED TO DA ~JJFmuwFulmy~~ Workers’ Corr,pensad(w! Judge . . ‘. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RE: TONY RAM08 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 RELEASE on the interested parties by p1acing.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 : . . 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. /cc c4J$&kL~~ 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: Anthony A. dames EXHIBIT B 10 Cartsbad\Ramos\OO3-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