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