Res No 229-17-15030RESOLUTION NO. 229 -17 -15030
A Resolution authorizing
the City
Manager to
settle the grievance filed
by
Steven Linick.
and
OF
SOUTH MIAMI, FLORIDA:
WHEREAS, Steven Linick
was employed by the
City's
Police Department
( "Department ") and his employment was terminated on October 25,
2016;
and
WHEREAS, Steven Linick filed a grievance that was scheduled to be arbitrated on
November 3, 2017 but which has been stayed; and
WHEREAS, the City desires to authorize the City Manager to resolve the grievance by
accepting Mr. Linick's resignation in exchange for a payment of four months back pay which will
be paid from account number 001- 1910 -521 -3450 which has a current balance of $100,868.
NOW THEREFORE,
BE
IT
RESOLVED BY THE MAYOR
AND City
COMMISSIONERS OF THE
CITY
OF
SOUTH MIAMI, FLORIDA:
Section t The City Manager is hereby authorized to pay Steven Linick the sum of $16,002
in exchange for his resignation effective October 25, 2016.
Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this1 9th day of December 2017.
EST:
ACZL(E
PPP
W e4
MAYOR
3M, COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Harris:
Commissioner Edmond:
Commissioner Liebman
Page 1 of 1
4 -0
absent
Yea
Yea
Yea
Yea
SETTLEMENT AGREEMENT
This Settlement Agreement ( "Agreement") is entered into by and between the
City of South Miami, Florida (the "CITY "), and Steven Linick ( "LINICK ")
(collectively, the "Parties ").
BACKGROUND
WHEREAS, LINICK's employment with the CITY as a police officer in the
CITY's Police Department ( "Department ") was terminated; and
WHEREAS, LINICK filed a grievance; and
WHEREAS, an arbitration was scheduled for November 3, 2017; and
WHEREAS, the parties wish to resolve their differences; and
WHEREAS, LINICK wishes to have his termination rescinded so that he can
resign from his CITY employment, effective October 25, 2016 and subject to the
terms, provisions and conditions set forth herein; and
WHEREAS, the CITY wishes rescind the termination of LINICK's
employment so that he may resign from CITY employment, effective October 25,
2016, subject to the terms, provisions and conditions set forth herein; and
WHEREAS, LINICK has agreed to enter into this Agreement voluntarily and
understands and accepts its terms, provisions and conditions which he believes are
fair and appropriate, and are hereinafter set forth.
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WHEREAS, CITY represents to LINICK that the FDLE has agreed that,if the
parties agree, the following procedure would not violate any FDLE policy or state
statute:(a) the city would change the separation reason in ATMS from `Terminated
for Violating Chapter 943' to `Voluntary resignation', (b) the separation date would
remain October 25, 2016, (c) the employee would remain separated from the South
Miami Police Department ( "SMPD ") and (d) the employee would be given a
payment in conjunction with the execution of this settlement.
NOW THEREFORE, in consideration of the mutual promises contained
herein, the Parties hereby agree as follows:
TERMS
1. All of the above statements are true and correct to the best of the
Parties' knowledge, information and belief.
2. The CITY shall change the separation reason in ATMS from
"Terminated for Violating Chapter 943" to "Voluntary resignation" and, within 10
days thereafter, provide LINICK's attorney with a copy of the change in the reason
for the separation.
3. LINICK shall deliver a letter to the CITY, voluntarily resigning as of
his original separation date of October 25, 2016,nunc pro tunc, and, at the same
time, he shall deliver to the CITY a copy of this Agreement signed by him and by his
attorney.
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4. The separation date would remain October 25, 2016 and LINICK
would remain separated from SMPD from that date.
5. CITY shall place on the first available agenda of the City
Commission, upon receipt of the fully executed resignation letter and a fully
executed copy of this Agreement, a resolution authorizing the City Manager to pay
the settlement amount. This Agreement and the resignation of LINICK are subject to
and contingent on the City Commission authorizing the payment of the settlement
amount. Thesettlement amount is equal to 4 months' salary., based on a 40 -hour
week and at LINICK's rate of pay as it existed on October 25, 2016. The settlement
amount, in the form of a check drawn on a CITY bank account, shall be deliver to
LINICK's attorney within seven days after the City Commission approves the
settlement. The CITY shall also, within that same time frame, change the
separation reason in ATMS from "Terminated for Violating Chapter 943" to
"Voluntary resignation ".
6. The settlement check shall be made payable to LINICK. The CITY
shall issue a 1099 with regard to this payment and LINICK shall be responsible for
paying whatever taxes are due with regard to this payment.
7. CITY, upon receipt of a fully executed copy of this Agreement and
the resignation letter, and upon the Commission's approval of the payment of the
settlement amount, shall pay the Arbitrator's fees.
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8. LINICK shall not be issued any equipment, he shall not return to the
City's police department, and he shall not be re- entered into the FDLE ATMS
system as an active employee.
9. If any prospective employer contacts the CITY about LINICK, the
CITY shall give a neutral reference.
10. The CITY accepts LINICK's irrevocable resignation from the CITY
effective October 25, 2016 under the facts and circumstances giving rise to his
resignation and the terms sets forth herein.
11. LINICK waives the right to grieve, appeal or otherwise challenge his
resignation or any issue addressed in this settlement.
12. LINICK acknowledges that he has carefully read and understands
this Agreement consisting of 6 pages, that he is represented by counsel, that he has
had adequate time to review this agreement with his own counsel and agrees that the
CITY has not made any representations other than those contained herein. LINICK
also acknowledges that he enters into this Agreement voluntarily, without any
pressure or coercion and with full knowledge of its significance, and that this
Agreement constitutes a full and absolute settlement and bar as to any and all claims
he had, has, or may have against the CITY.
13. LINICK releases, waives, and forever discharges any and all claims,
rights, demands, actions, or causes of actions, of any kind whatsoever, known or
unknown, foreseen or unforeseen, foreseeable or unforeseeable, and any
consequences thereof, which he has or may have against the CITY (including but not
limited to, its current and former elected officials, attorneys, employees, agents,
successors and assigns) from the beginning of the world until the date of execution
of this Agreement, including but not limited to any claims relating to his resignation,
the acceptance of his resignation and /or the facts or circumstances giving rise to his
resignation.
14. This Agreement embodies the complete terms, provisions and
conditions of the settlement of LINICK's grievance, his resignation and the CITY's
acceptance of his resignation. This Agreement may not be modified or superseded
except in writing and with the express written consent of all the Parties.
15. The Parties agree that this Agreement is based upon the unique facts
and circumstances of this matter and does not establish any precedent, pattern or
evidence of past practice for the resolution, disposition or determination of any other
matter.
16. This Agreement shall become effective upon the full execution of
this Agreement by the Parties and as of October 25, 2016, executednunc pro tunc.
17. The parties agree and request that the Arbitrator accept this
Agreement and order the parties to comply with the terms of this Agreement.
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18. The venue for any arbitration or litigation regarding this
Agreement shall be in Miami -Dade County, Florida.
19, A fully executed copy of this Agreement shall be treated as an
original.
IN WITNESS WHEREOF, the Parties hereto knowingly and voluntarily
execute this Agreement as of the date set forth below.
CITY OF SOUTH MIAMI STEVEN LINICK
CITY MA G0-
By: By.
D Date: /2 to 11� )
Approved as to form and Approved as to form and
legality
y� legality
By: / �� / '� By:
-
Thomas F. Pepe Teri es
City Attorney for Atto ey for Steven Linick
City of South Miami
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