Agenda 05/27/2014 Item #16K2 5/27/2014 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Grievance
Settlement and Release agreement in the sum of $10,000 involving Federal Mediation and
Conciliation Service Arbitration Case No. 141203-00618-3.
OBJECTIVE: To end an arbitration proceeding initiated by a terminated employee, Jorge
Gonzales, against Collier County EMS/Fire through the collective bargaining agreement's
formal grievance process.
CONSIDERATIONS: Collier County received a notice of grievance from EMS paramedic
Jorge Gonzales on November 18. 2013 claiming that he had been recommended for termination
without proper cause to discharge. The grievance was processed through four steps of review in
accordance with the Collective Bargaining Agreement between Collier County and Southwest
Florida Professional Firefighters Local 1826; and because no resolution was reached, the
grievance was scheduled for an arbitration hearing on May 6, 2014.
The parties continued to engage in settlement discussions and on the day prior to the
commencement of arbitration, Local 1826 made an offer to settle the grievance for a neutral
reference as to Mr. Gonzales' separation from the County and for a $10,000 payment by the
County to Mr. Gonzales, subject to Board approval; with a full release of all claims by Mr.
Gonzalez against the County, of any kind, now or in the future. If agreed to by the Board, no
other future costs or fees would need to be expended on this grievance.
The County Attorney is recommending that the Board accept this settlement for the following
reasons:
1. By agreeing to the settlement, the County's decision to separate the employee
from his employment is accomplished; while at the same time any and all
potential present and future claims that the employee could assert against the
County are fully and finally released.
2. If the County does not prevail, it could potentially be found liable for the full
amount of the employee's earnings and benefits since the time of his separation
on October 24, 2013, which through May 6, 2014 totaled $56,837.45.
Additionally. Article 9.10 of the Collective Bargaining Agreement provides that
the losing party is responsible for the costs of the arbitrator and all court reporter
fees.
3. By agreeing to the settlement, the County does not admit any wrongdoing in
terminating the employee but recognizes this as a non-precedent setting
compromise.
FISCAL IMPACT: Funds in the amount of$10.000 are available in cost center 490-144610.
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GROWTH MANAGEMENT IMPACT: No Growth Management Impact.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this settlement with
Staff and recommends that the Board of County Commissioners approve the Grievance
Settlement and Release agreement. This item is approved as to form and legality, and requires
majority vote for Board approval.—SRT
RECOMMENDATION: That the Board approves the attached Grievance Settlement and Release
agreement in the total sum of $10,000 and authorizes the Chairman to execute the attached
settlement agreement, which will fully and finally resolve the grievance and arbitration
proceeding.
Prepared by: Scott R. Teach, Deputy County Attorney
Attachments: Grievance Settlement and Release
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to approve and authorize the Chairman to execute a
Grievance Settlement and Release agreement in the sum of$10,000 involving Federal
Mediation and Conciliation Service Arbitration Case No. 141203-00618-3.
Meeting Date: 5/27/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
5/16/2014 3:35:00 PM
Approved By
Name: KopkaWalter
Title: Chief-Emergency Medical Services, EMS Operations
Date: 5/19/2014 8:41:44 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 5/19/2014 9:05:30 AM
Name: PriceLen
Title: Administrator-Administrative Services, Administrative Services Division
Date: 5/19/2014 11:57:38 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/19/2014 1:05:18 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management& Budget
Date: 5/19/2014 3:44:31 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 5/19/2014 4:08:40 PM
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GRIEVANCE SETTLEMENT AND RELEASE
THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE ("Agreement")
is made and entered into by and between the Collier County Board of County Commissioners, all
of its current and former administrators, current and former officers, current and former
commissioners, current and former employees and agents (hereinafter collectively referred to as
"Collier County'), the Southwest Florida Professional Firefighters Local 1826, Internal
Association of Firefighters, Inc. (hereinafter "IAFF" or "Union"), and Jorge Gonzales
("Gonzales" or "Employee"). Throughout the Agreement, Collier County, IAFF and Gonzales
shall be collectively referred to as the "Parties."
1. WHEREAS, the Union filed a grievance, alleging that the termination of Gonzales
was not for just cause and therefore in violation of the collective bargaining agreement; and
2. WHEREAS, Collier County denied the grievance and denied any violation of the
collective bargaining agreement; and
3. WHEREAS, the Union requested arbitration of the grievance; and
4. WHEREAS, the Parties wish to settle and resolve any and all matters covered by
this grievance and the pending arbitration;
THER FFOP E, the Parties agree as follows:
6. By executing this Agreement, the Union hereby withdraws the grievance and the
request for arbitration.
7. Collier County agrees to provide a neutral reference to any prospective employer
providing Gonzales's position and dates of employment only.
8. The Parties agree that Gonzales shall not be reinstated to his position as a
Paramedic Company Officer or any other position in Collier County.
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9. Gonzales specifically waives any right to reinstatement that he has, had, or may
have had in relation to any position of employment with the Collier County.
10. The Parties agree that Gonzales shall be permitted to submit a letter of resignation
that shall be effective as the same date of his termination from employment with Collier County,
October 03, 2013.
11. Collier County agrees to pay the total sum of $10,000.00 as full and complete
consideration for any and all back wages, or any other damages Gonzales or the Union claim or
may claim. Payment shall be made by issuance of one check to Jorge Gonzales in the gross
amount of$10,000.00. A Form 1099 will be provided to Gonzales as required by law. Gonzales
agrees to indemnify and hold harmless Collier County for all interest and penalties, if any,
imposed by the Internal Revenue Service resulting from the tax treatment of the payment
provided for in this paragraph. Gonzales further agrees to cooperate fully with Collier County in
the event of any claim or investigation by any governmental entity or authority regarding the tax
treatment of the payment provided for in this paragraph.
12. The Parties agree that this Settlement shall be non-precedent setting and shall not
be considered for any purpose by the Parties, including resolution of any future grievances or
arbitrations.
13. Collier County does not admit any violation of the collective bargaining agreement,
but agrees to resolve this grievance in the spirit of cooperation and good labor relations.
14. The Parties agree to split any costs incurred with the Arbitrator.
15. In consideration of the provisions, promises, terms and conditions of this
Agreement, Gonzales hereby UNCONDITIONALLY, FULLY AND FINALLY RELEASES
AND FOREVER DISCHARGES Collier County from any and all arbitrations, grievances,
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lawsuits, claims, rights, damages, debts, obligations, liabilities, and causes of action, of any and
every kind, nature, and character whatsoever, whether known or unknown, which he haves, had,
or may in the future claim to have based on any act or omission concerning any matter, cause, or
thing arising prior to the date of this Agreement and up to the time of execution of this
Agreement. All of the foregoing are hereinafter referred to collectively as the "Released Claims."
16. The Released Claims include, but are not limited to, those directly or indirectly
arising out of, or in any way pertaining to, claims arising under: The Collective Bargaining
Agreement between IAFF and Collier County; Title VII of the Civil Rights Act of 1964; 42
U.S.C. §§ 1981, 1983, 1985, 1986; the Older Worker Benefit Protection Act, the Fair Labor
Standards Act; Consolidated Omnibus Budget Reconciliation Act; the Americans with
Disabilities Act; the Sarbanes-Oxley Act; the Florida Civil Rights Act; the Florida
Whistleblower Act; the Family and Medical Leave Act; the Fair Credit Reporting Act; the
United States Constitution; the Florida Constitution; Florida Statute, Section 440.205; Florida
Statute, Section 448.103; or any other federal, state or local law, ordinance, regulation, custom,
rule or policy; or any cause of action in common law, including but not limited to actions in
contract or tort, including any intentional torts; other claims of statutory violation and/or
retaliation; constructive or wrongful discharge; negligence claims; contract claims; constitutional
claims; claims for attorneys' fees and costs, and any other claims or causes of action Gonzales
has, had or may have had as a result of his employment or cessation thereof with Collier County.
17. The Released Claims shall be deemed to include a full and complete release by
Gonzales of any and all claims against Collier County's present and past employees, agents,
principals, commissioners, officers, relatives, representatives and attorneys.
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18. This Agreement is subject to approval by the Board of County Commissioners of
Collier County, Florida. In the event that this Agreement is not be approved by the Board of
County Commissioners for Collier County, Florida, this Agreement and all of the terms and
promises contained herein are void and ineffective.
19. The Employee, Jorge Gonzales, by signing below, hereby accepts this resolution of
the grievance relating to his termination, agrees that the Union has properly represented him
throughout the course of the grievance processing, agrees to waive any right to reinstatement,
and agrees to waive any and all claims of whatever nature against Collier County, including
those identified above as Releases Claims, whether known or unknown.
20. The Parties have carefully read and understand the terms set forth above and
voluntarily agree to these terms as indicated by the signatures below.
SOUTHWEST FLORIDA PROFESSIONAL
FIREFIGHTERS LOCAL 1826 INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS,INC.
C
DATED: /IMY By:
Printed Name: AJ��-i ''1
Title: F-2-94,b Z LCdi • Ai_ i y •
JORGE GONZAL•EFL,,EMPLO
DATED: C`\I g Z O 1
I
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ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK OF COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk TOM HENNING, Chairman
DATED:
Approved as to legality:
24,L
Scot R. Teach,
Deputy County Attorney
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