91-040
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RESOLUTION NO. 40-91
A RESOLUTION ADOPTING STIPULATION OF SETTLEMENT
AND DISMISSAL OF ALL CLAIMS BETWEEN
CITY OF SHOREWOOD AND FORMER EMPLOYEE SANDRA L. KENNELLY
WHEREAS, Sandra L. Kennelly was employed as City Clerk and Deputy
City Clerk of the City of Shorewood on or about 1973 through January 29,
1991; and
WHEREAS, the said employment with the City of Shorewood was
terminated by Motion on January 28, 1991, and confirmed in Resolution of the
City Council on February 11, 1991; and
WHEREAS, Sandra L. Kennelly and the City of Shorewood have reached a
Stipulation of Settlement and an agreement to dismiss all claims.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Shorewood as follows:
1. That the Stipulation of Settlement and Dismissal of all Claims
attached hereto as Exhibit A is accepted in full settlement of all claims and
adopted by the City of Shorewood.
2. That the Mayor and City Clerk are authorized to execute said
Stipulation on behalf of the City Council and the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE
19th day of April, 1991.
CITY OF SHOREWOOD, this
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,if/It /Jl/--Yr. ( / ~:tl&!/?
{{Jiba a J. r cet, ~ayor
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A~TE>d&, /I' ~~-.-/
~ey ~,l'~ielsen
Acting City Administrator/Clerk
Roll Call Vote:
Ayes - Brancel, Gagne, Stover
Nays - Daugherty, Lewis
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STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE CITY OF SHOREWOOD
HENNEPIN COUNTY, MINNESOTA
In the Matter of the
Termination of
Sandra L. Kennelly
by the City of
Shorewood, Minnesota
STIPULATION OF SETTLEMENT
AND DISMISSAL OF ALL CLAIMS
WHEREAS, Sandra L. Kennelly was a 17 1/2 year employee of the
City of Shorewood and had held the positions of City Clerk and Deputy
City Clerk: and,
WHEREAS, the City of Shorewood by motion of the City Council,
January 28, 1991, voted to terminate Sandra L. Kennelly's employment
effective January 29, 1991: and,
WHEREAS, Sandra L. Kennelly filed a notice of appeal pursuant to
Shorewood Employee Relationship Policy Section 18, Subdivision 4:
and,
WHEREAS, parties desire to resolve this matter in an amicable
fashion.
NOW, THEREFORE, it is hereby stipulated and agreed:
1. Settlement Payment.
The City of Shorewood shall pay to Sandra L. Kennelly the
following:
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a. A lump sum settlement of $28,200.00, due and payable
upon signature to this agreement by all parties.
2. Unemployment Benefits. Sandra L. Kennelly shall be
entitled to all unemployment benefits allowed by the laws
of the State of Minnesota.
3. Neither party hereto, by agreeing to this Stipulation,
admits any wrongdoing during the course of the employment
of Sandra L. Kennelly and subsequent termination process.
4.
Mutual Release and Dismissal with prej udice. In
consideration of the above agreements, it is agreed
between the parties hereto that the above-captioned matter
and all claims represented thereby by both parties, one
against the other, may be and hereby are, dismissed with
prejudice on the merits and without costs and
disbursements to either party hereto.
5. Waiver of attorneys fees and costs. It is agreed that the
respective parties shall each be responsible for their own
attorneys fees and costs arising out of the prosecution or
defense of any actions or proceedings related to the above-
captioned matter: and the parties will forever waive
whatever rights any of them may have had, one against the
other, for attorneys fees and costs.
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6.
Confidentially. The parties agree that this agreement and
Stipulation will be a matter of public record. The parties
further agree that the City of Shorewood and its employees,
agents, officials, both elected and appointed, and
representatives will refrain from comment about the terms
of this agreement and the circumstances relating to the
actions of the City Council January 28, 1991. That Sandra
L. Kennelly shall also refrain from comment about the terms
of this agreement and the events leading to the actions of
the City Council, January 28, 1991 and February 11, 1991.
It is understood and agreed that this is a settlement of
disputed claims, claims viewed variously by the parties
and their agents.
7.
The City of Shorewood agrees that any and all requests for
information on Sandra L. Kennelly's former job experience
will be limited to a statement of positions held and the
dates of employment without further comment. It is agreed
and understood by all parties that the Minnesota Data
Privacy Act shall be applicable. It is understood and
agreed by the City of Shorewood that Sandra L. Kennelly
shall have a right in any and all job interviews or job
applications to make such necessary explanations and
answer questions concerning circumstances of the events
between the parties as circumstances may require when
called upon by a prospective employer. Such comments and
explanations shall not constitute a breach of this
agreement.
8. That the attached resolution shall be adopted by the City
Council in implementation of this Stipulation and
Dismissal of all Claims.
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Dated
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Entirety of the Agreement.
This is
the entirety of the
agreement between these parties.
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and-ra- L. Kennelly
KELLY LAW OFFICES
~;LA/~
-By ark W. Ke ly/
Atrtorney I. D. No. 132925
351 Second Street
Excelsior, MN 55331
(612) 474-5977
Dated 1~~, /J~I
Dated
Dated
Dated
April 19, 1991
M
ATTESTED:
April 19, 1991
Acting
April 19, 1991
robe
Attorney for ity of Shorewood
17736 Excelsior Blvd.
Minnetonka, MN 55345
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