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HomeMy WebLinkAbout2005-08-30 - Agendas - Final Aldermen Ward I Position I - Robert Reynolds Mayor Dan CoadyWard I Position 2 - Brenda Thiel City Attorney Ki[ Williams Ward 2 Position I - Kyle B. Cook Ward 2 Position 2 - Don Marr City Clerk Sondra ®Smith Ward 3 Position 1 - Robert K. Rhoads Tayve Ward 3 Position 2 — Bobby Ferrell ARKANSAS Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda Special City Council Meeting August 30, 2005 A Special meeting of the Fayetteville City Council will be held on August 30, 2005 at 4:30 PM in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance A. New Business: 1 . Fayetteville Fire Fighters Settlement Negotiations: A discussion regarding the settlement negotiations in the Federal Court case involving overtime issues with the Fayetteville Fire Fighters. THIS SPECIAL CITY COUNCIL MEETING WAS CALLED BY THE CITY ATTORNEY KIT WILLIAMS AND WAS CANCELLED AUGUST 30; 2005 BECAUSE SETTLEMENT AGREEMENT HAD NOT BEEN REACHED AT THE TIME OF COUNCIL MEETING. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayettevi I le.org Special City Council Meeting Augu 92005 • Subject: Motion To: Motion By: Seconded: Reynolds Thiel Cook / Marr Rhoads Ferrell Lucas Jordan Mayor Coody Subject: Motion To: Motion By: Seconded: Reynolds Thiel Cook Marr Rhoads Ferrell Lucas Jordan i Mayor Coody \ Aldermen Ward I Position I - Robert Reynolds Mayor Dan Coody x j Ward I Position 2 - Brenda Thiel Ci[ Attorney Kit Williams Ward 2 Position I - Kyle B. Cook Y Y 999aye Ward 2 Position 2 - Don Marr Cit Clerk Sondra Smith Ward 3 Position 1 - Robert K. Rhoads Y Ward 3 Position 2 — Bobby Ferrell ARKANSAS Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda Special City Council Meeting August 30, 2005 A Special meeting of the Fayetteville City Council will be held on August 30, 2005 at 4: 30 PM in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance A. New Business: 1 . Fayetteville Fire Fighters Settlement Negotiations: A discussion regarding the settlement negotiations in the Federal Court case involving overtime issues with the Fayetteville Fire Fighters. r � I� V 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) aceessfayetteville.org Special City Council Meeting This Meeting August 30, 2005 Room 326 was Cancelled 4 :30 PM Mayor Dan Coody has called for a Special Meeting of the Fayetteville City Council today, Tuesday, August 30, 2005 at 4 : 30 PM in Room 326 of the City Administration Building. The Special City Council Meeting is necessary to discuss the settlement negotiations in the Federal Court case involving overtime issues with the Fayetteville Fire Fighters. The regularly scheduled City Council Agenda Session will be held immediately following this meeting. , CITATTORNEY AGENDA REQUOT ��. &7 �i Gll� FOR: SPECIAL CITY COUNCIL MEETING OF AUGUST 30, 2005 FROM: KIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: Discussion Of Settlement Negotiations And Possibilities Regarding Peter T. Reagan, et al v. City of Fayetteville, Federal District Court Case No. 05-5045 APPROVED FOR AGENDA: �C 6 '$ -3v - os LLIAM Date City Attorney Vt4 k DAN COODY Date Mayor FAYETTEVIPLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council FROM: Kit Williams, City Attorney DATE : August 30, 2005 RE : Special Council meeting I would like to thank Mayor Coody for calling a Special Meeting of the City Council for 4 :30 P.M. today in Room 326 to discuss settlement negotiations and possibilities. As you know I have participated in two mediations supervised by Federal Magistrate Beverly Stites Jones in Fort Smith. The City would like to thank Judge Jones for her invaluable assistance in this mediation effort. The City is also appreciative in that Federal District Judge Jimm Larry Hendren granted the parties several stays of legal proceedings to provide both sides sufficient time to explore all the possibilities of settlement without I ncurring substantial legal expenses for discovery and pretrial motions. Attorney Mark Martin representing the plaintiff Firefighters and I have taken advantage of the Federal Court's continuing stay to meet several times to explore possible solutions to the issues raised in this litigation. Mr. Martin has worked tirelessly and diligently in an effort to find a fair and equitable middle ground within the complex and complicated issues of firefighter pay as mandated by the Fair Labor Standards Act. Therefore, the City Council needs to be informed at the Special City Council Meeting of the current status of settlement negotiations. RESOLUTION NO. A RESOLUTION TO APPROVE THE SETTLEMENT AGREEMENT WITH THE PLAINTIFFS IN THE PETER T. REAGAN, ET AL V. CITY OF FAYETTEVILLE FEDERAL DISTRICT COURT CIVIL CASE NO. 05-5045 WHEREAS, after two mediation sessions supervised by Federal Magistrate Judge Beverly Stites Jones and numerous settlement conferences between Fayetteville Firefighter attorney Mark Martin and Fayetteville City Attorney Kit Williams, a possible settlement agreement has been agreed to by the plaintiff firefighters and is recommended for approval of the City Council by City Attorney Kit Williams and Mayor Dan Coody. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby approves the Settlement Agreement with the Plaintiffs in the Peter T. Reagan et al v. City of Fayetteville, Federal District Court Civil Case No. 05-5045 as attached hereto as Exhibit A and authorizes Mayor Coody to execute this agreement. PASSED and APPROVED this 3061 day of August, 2005. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE, ARKANSAS PETER T. REAGAN, ET AL PLAINTIFFS vs. Civil Action No. 05-5045 CITY OF FAYETTEVILLE DEFENDANT SETTLEMENT AGREEMENT Come now all Plaintiffs within the above captioned case by their attorney Mark L. Martin and Defendant City of Fayetteville by City Attorney Kit Williams and hereby agree to settle the above captioned case as follows: 1 . All Plaintiff firefighters agree, based upon the promises and considerations presented by the City of Fayetteville below, to Dismiss this Case With Prejudice. 2. Defendant City of Fayetteville commits itself to the following promises and actions: A. The City of Fayetteville shall pay attorney' s fees to plaintiffs' attorneys in the amount of $20,000.00. The portion of attorney's fees to be apportioned to Mark L. Martin may at his option be paid directly to the Fayetteville Firefighter Scholarship Fund. B. The City of Fayetteville will issue equal payroll checks in the aggregate total amount of $30,000.00 to all named Plaintiffs in care of Plaintiffs' counsel less the state statute required 6% LOPFI deduction and federally mandated 1 .45% i Medicare deduction. The City will pay the City' s portion of Medicare taxes for each paycheck out of its funds (not out of the aggregate $30,000.00). 3. The Plaintiffs and the City of Fayetteville agree that the $20.00 per paycheck EMT pay should and will be included when overtime is calculated. Since almost all firefighters have achieved EMT status, the pay matrix may be adjusted so that EMT pay becomes a regular component of all firefighters pay within the new pay matrix rather than being separately listed. 4. The Plaintiffs and the City of Fayetteville agree that the additional pay for the Hazmat team currently paid to such specially trained firefighters should be and will be included in overtime calculations. 5. The Plaintiffs and the City of Fayetteville agree that the additional pay for longevity pay will be included in overtime calculations as long as it is paid. 6. All Plaintiffs and the City of Fayetteville agree and covenant that this Settlement Agreement is a full and final settlement and resolution of any and all pay or employment related issues that do or might exist between the parties as of the date of this Agreement. 7. The Plaintiffs and the City of Fayetteville agree and covenant to use the better avenues of communications recently established by the City of Fayetteville to attempt to resolve any possible future pay or employment related issues. It is the intent of this Settlement Agreement to fully resolve any and all payroll and employment related issues (even those not a part of this litigation) between all named Plaintiffs and the City of Fayetteville. Both parties intend to "close the door" on any past differences, issues or possible claims against any party, and move forward in a united front in the best interests of the citizens of Fayetteville, Arkansas. Signed this 301h day of August, 2005. PETER T. REAGAN, et. al. CITY OF FAYETTEVILLE By: By: MARK L. MARTIN DAN COODY Attorney for all named plaintiffs Mayor ATTEST: By: Sondra Smith, City Clerk APPROVED AS TO FORM: By: Kit Williams, City Attorney 0 0 Special City Council Meeting August 30, 2005 Room 326 4 : 30 PM Mayor Dan Coody has called for a Special Meeting of the Fayetteville City Council today, Tuesday, August 30, 2005 at 4 : 30 PM in Room 326 of the City Administration Building. The Special City Council Meeting is necessary to discuss the settlement negotiations in the Federal Court case involving overtime issues with the Fayetteville Fire Fighters. The regularly scheduled City Council Agenda Session will be held immediately following this meeting. 0 6 SPECIAL CITY COUNCIL MEETING CALLED Mayor Dan Coody hereby calls a Special Meeting of the Fayetteville City Council to begin at 4 :30 P.M. on Tuesday, August 30, 2005 in Room 326 of City Hall. The regularly scheduled Agenda Meeting will be held immediately thereafter. The Special City Council Meeting is necessary to discuss settlement negotiations in the Federal Court case involving overtime issues with Fayetteville Fire Fighters.