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HomeMy WebLinkAboutResolution No. 6651 (Frank Benaderet Litigation Settlement)RESOLUTION 6651 A RESOLUTION AUTHORIZING SETTLEMENT OF LITIGATION BETWEEN THE CITY OF SAN_ RAFAEL AND MR. FRANK R. BENADERET WHEREAS, the CITY OF SAN RAFAEL and MR. FRANK R. BENADERET are presently involved in the litigation of a civil action, a disabil- ity retirement application, and a Workers' Compensation Claim; and WHEREAS, the City and MR. BENADERET have determined that it is mutually beneficial to settle this litigation. NOW THEREFORE BE IT RESOLVED, by the San Rafael City Council that the following terms of settlement are agreed to: 1. MR. BENADERET will dismiss his civil action against all defendants with prejudice and will not maintain any further civil actions arising out of the circum- stances of his employment or the termination thereof against the CITY, any of its elected officials, or any past or present City employees. 2. The CITY OF SAN RAFAEL will withdraw its Notice of Appeal and take no further appeals from the Order Granting Petition for Writ of Mandamus filed June 24, 1983, granting MR. BENADERET'S request for a disabil- ity retirement pension. 3. The CITY OF SAN RAFAEL, its elected officials, and employees will not attempt in any way to influence the Retirement Board of the Marin County Employees Retirement Assoc;ation to require a reexamination of MR. BENADERET pursuant to the California Government Code §31729, unless MR. BENADERET shall at any future time obtain employment as a law enforcement officer with any public agency. 4. The CITY OF SAN RAFAEL will agree to compromise and release of MR. BENADERET'S Workers' Compensation Claim for the amount of $30,000 which shall include a waiver by MR. BENADERET of any right to a death benefit or future medical payments, and an acknow- ledgement by MR. BENADERET that rehabilitation has been completed. RESOLUTION NO. 6651 I. JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was adopted at a regular meeting of the San Rafael City Council held on the third day of October , 1983, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Jensen & Acting Mayor Miskimen NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:Mayor Mulryan JE� M. LEON C , City Clerk BY / l �-� a. RE(7 N—A Y9. BUCHANAN, Deputy City Clerk :Pz