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.
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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--.-
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.- .*I
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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
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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
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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