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Home My WebLink AboutR-76-1147RESOLUTION NO. 76-ii 7 RESOLUTION AUTHORIZING THE CITY MANACEft TO SETTLE THE CLAIM OF MS. SUS BELSCHNER OE DISCRIMINATION IN EMPLOYMENT BY THE CITY OF MIAMI,UPON THE BASIS OF SEX, THROUGH HIS EXECUTION OF A PRE -DETERMINATION SETTLEMENT STIPULATION IN CHARGE NO. TMM6-2321 RENDING WITH THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMMISSION; FURTHER AUTHORIZING THE DIRECTOR OF FINANCE TO PAY SAID MS. SUS BELSCHNER, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $1,267.20 IN FULL AND COMPLETE SETTLEMENT OF HER CLAIM, UPON HER EXECUTION OF A RELEASE DISCHARGING THE CITY OF MIAMI PROM ALL CLAIMS AND DEMANDS, IN ADDITION TO HER EXECUTION OF THE AFORESAID PRE -DETERMINATION SETTLEMENT STIPULATION; WITH FUNDS THEREFOR ALLOCATED FROM BUDGETED FUNDS OF THE DEPARTMENT OF PARKS AND RECREATION. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF "DOCUMri; ' 4DEX ITEM NO. Section 1. The City Manager is hereby authorized tb settle the claim of Ms. Sus Belschner of discrimination in employment by the City of Miami, upon the basis of sex, through his execution of a Pre -Determination Settlement Stipulation in Charge No. TMM6-2321 pending with the U. S. Equal Employment Opportunity Commission. Section 2. The Director of Finance is hereby authorized to pay of liability, the settlement of her said Ms. Sus Belschner, without the admission sum of $1,267.20 in full and complete claim, upon her execution of a release discharging the City of Miami in addition to her execution Settlement Stipulation, with from all claims and demands, of the aforesaid Pre -Determination funds therefor allocated from budgeted funds of the Department of Parks and Recreation. PASSED AND ADOPTED this 16 day of DFCEMBER , 1976. PREPARED AND APPROVED BY: AP ROBERT F. CL'RK ASSISTANT CITY ATTORNEY VED AS TO FORM AND CORRECTNESS: EORGE F. CITY ATTO NOX, JR. EY Y COMMISSION MEETING OF DEC 5 6 QtSOI.0 ION h0 . RED: IScFit ROE WAIVER AND WITHDRNWAL th Consideration of the payment of $i,267a20, roceipt i h is hereby acknowledged by the undersigned, the CI' MIAMI, rLORIDA, its successors and assigns, and any and all fficials or employees of the CITY OF MIAMI are hereby discharged from, and SUS BELSCHNER hereby waives any and all claims, demands, damages, actions and causes of action, w':atsoever (including but not limited to any and all claims, demands, damages, actions and causes of action under the provisions of the following Civil Rights enactments: 42 USC, Sections 1981, 1983, 1985, 1986, 2000d and 2000e; and Article III of Chapter 11A of the Code of Metropoli- Dade County, Florida), which the said SUS BELSCHNER now tan has of, for or may hereafter or in any manner employment as a have, and which have arisen out of, by reason have grown out of her original application Park Ranger Trainee and her subsequent termina- tion from employment as a Laborer I, temporary, with the CITY OF MIAMI on or about July 29, 1976. Further, SUS BELSCHNER agrees to withdraw any charges of discrimination filed against the CITY OF miAmi or any officials or employees thereof, which relate to the above paragraph, filed by her or on her behalf with the U.S. Equal Employment Opportunity Housing and Employment Director Commission or the Dade County Fair `'(or the Dade County Fair Housing and Employment Commission). DATED this ?, day of u.,cerrb(,r TATE OF FLORID COUNTY OF SWORN TO AND; SUBSCRIBt'D before in this 1976 , 1976 SUS BELSCHNER R4 puty C_. y Ctc:rk NOTARY PUBLI I,.. ST TF-OF FLORIDA AT Ny Commission Prpires; CE CITY OF MIAMI. F"LOE7.II:!A. �"r` Fi:=8 ICE ME RANDUM to: Rai 0. Cng it City Clerk Joseph w. on Ass't. Affiative Aetih t `afiliary 24 ► 1977 Copy of Agreement between the City Manager, SUS $elsirhner and E.E.O.C. FILE - Resolution No. 76-1147 nelosed please find a copy of the Agreement between the City Manager, Sus 13elschner and the E.E.O.C. as provided for by Resolution No. 76-1147, as well as a copy of the receipt of delivery and a copy of the check that was issued. The copy of the Agreement contains all necssaryrsignu- • tures and should be attached to the appropriate tion. MMW MM ii`IJ��11 tt;3111ct \ NA MpLOYMI`Nfi OPPOF%tUNItY COMMISSION btij3orit Mete Center, Suite 414 500 Biscayne 0otilevntd Way Miami, Florida 33131 THE MATTER OF. U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION: and SUS BELSCHNER CHARGING PARTY and; CITY OF MIAFMI, PARKS & RECREATION RESPONDENT * * * PRE -DETERMINATION ,i6SETTLEMENT CHARGE ar Es having been filed under Title VII of the Civil Rights Act 9 ortunity of 1964, as amended, with the U.S. Equal Employment Opp in ainst the Respondent, there having Commission, the Charging Party �-.t9 been a preliminary investigation, the parties do resolve and settle I this matter as follows: �1# 0,14441 Patie 1 Charge No, ` M6.2221 tC1'thN I enr 1 Provision The Respondent agrees that the Commission, nn request of the Charging Party or on its own motion, may review compliance with this Agreement. As a part of such review, the Commission may require Written reports concerning compliance, may inspect the premises, examine witnesses and examine and copy documents. 2. It is understood that this Agreement does not constitute an admission by the Respondent of any violation of Title VII of the Civil Rights Act of 1964, as amended. 3. The Charging Party hereby waives, releases and covenants not to sue the Respondent with respect to any matters which were or might have been alleged as related with Charge Number T1116-2321 filed with the Equal Employment Opportunity Commission, subject to performance by the Respondent of the promises and representations contained herein. The Commission shall determine whether the Respondent has complied with the terms of this Agreement. MENNE mmmmw MEMMIE mmmmn mmmw 1 ammt mow Pttgq 2 Charge No, TIM 6-2321 11 hiring, promotion practices and other terms and conditions Of employment shall be maintained and conducted in a manner which does not discriminate on the basis of race, color, sex, religion or national origin in violation of Title VII of the Civil Rights Act of l964, as amended. 5. The Respondent agrees that all facilities on the premises shall be available for the use of any employee without regard to race, color, religion or national origin; that there shall be no discrimination against any employee on said grounds with respect to the use of facilities, and that the notice required to be posted by Title VII of the Civil Rights Act of 1964, as amended, will be posted. 6. The Parties agree that there shall be no discrimination or retaliation of any kind against any person because of opposition to any practice declared unlawful under Title VII of the Civil Rights Act of 1964, as amended; or because of the filing of a charge; giving of testimony or assistance; or participation in any manner in any investigation, pro- ceeding or hearing under Title VII of the Civil Rights Act of 1964, as amended. 'Charge NUMW 21 SECTION 1i chgtging Party Re.l ief he Respondent agrees to reinstate the Charging Party into the bepartment of Parks and Recreation as a Park Ranger ainee as of October 28. 1976 The Respondent agrees to pay the Cti;trging Party the sum of one thousand two hundred and sixty seven dollars and twenty ents ($1,267.20) in full settlement of her charge. The Respondent agrees not to engage in or allow any of its employees to engage in any retaliatory conduct against the Charging Party or any party to or participant witness to any ur lawful employment practice. 10. The Respondent agrees to restore to the Charging Party seniority and all fringe benefits that have transpired and which would ,,have been accrued if he had not been sc,ar•ated from his employment. The Respondent agrees to remove from its records and files any notations, remarks, or other indications evidencing that the service performed by the Charging Party prior to termination where other than or anything leas than satisfactory. The Respondent further Page 4 Change No. filtM6.2321 agrees that, in furnishing oral or written references concerning the Charging Party as may be requested by same or by prospective future employers, it will mention only the nature and duration of Charging Party's employment. SECTION III Reporting Provisions The Respondent agrees to report in writing to the District Director, Miami District Office, Equal Employment Opportunity Commission, 300 Biscayne Boulevard Way, Suite 414, Miami, Florida 33131, within thirty (30) days, describing the manner in which the money consideration was made, which will include photocopies of the Certified Mail, Return Receipt signed by the Charging Party, as proof of payment. 13. The Respondent agrees to notify the District Director of any proposed personnel actions affecting the Charging Party. Such notice shall be made prior to the contemplated effective date of said personnel action allowing sufficient time for the Commission to respond. The life of this Agreement shall not extend beyond a period of 18 months. MPIr MEE MEME MEEK EMI Page 5 Char;P -o• Tt,M 6-?321 ACTION IV ave read the foregoing Pre -Determination Sett1eMtAt Agreement ept and agree to' the provisions Contained herein: //IX/7 DATE 7G• DATE PPR D AS TS F SUS BELSCH ER CHARGING PARTY ec Fax: CITY OF t•TA'iI. BY: CI! Y MANAGER' ,c,Wi. E F. KNC'{, CITY ATTORNEY 46 I recommend air roval of this Pre4temLnation Settlement Agreemen o, Imo, 1� DATE Approved: On behalf of the Commission: 7 -CAT ,,,,,,r.,.....,,., �kr. DANNY R. VOILES, EQUAL OPPORTUNITY SPECIALIST IDA A 6RALES SUPEERVISOR TNOOEA BUS: 61..I DISTRICT DIRECTOR MS is to acknowledge receipt of cheek No. 100272 itsued by the City of Miami in the amount of Ohe Thousand, Two Hundred Sixty Seven dollars and 20/100 ($1,267.20) to the order of Sus Belschner, for settle - tent per agreement between the City Manager, the Equal Employment. Opportunity Commission (E.E.O.C.) and my- self, as delivered, by hand, by Joseph W. Jackson, Assistant Affirmative Action Officer, on this ,Zd day of January, 1977. delivered by: Received ived by Sus Bel Iner II ITY OF MI 490292 ty] nagdrEEOC,tbetween Sus per, ResolutioneNo. 76-1147e CityMa ;Cty Ma ger, an NO TAXES WITHHELD Vendor 01,8957 t-==ore _-sue •._ -=---�--=..ram__ __ --- ---� No. s _.� � � � T I E CITY O F M I A M I, F L O R I D A .„� _- Jan.19, 1977 00272 PAX F 1411AMf NATIONAL BANK TO 741Sus Belschner ORDER tW • 0E12? 20 C0 G E304gt 0 6 3 4 _ alp 5 L 2409 311' fiORABLt MEMBERS OF TA I'y MMISSION George F. City Atto } nox, ey ebet t lit tt:e lent of Claim MIL SUS BEI,SCHNER u. CITY dE PAMS & RtCREATIU EEOC Charge No. T M6-2S21 Isis. Sue 8e1schner filed Charges against the City of Miami, Depart- went of Parks and RecYeation,Corni-niseilon�mbearingDistrict No.Of N I6e2321, job Equal Employment Opportunity lied for a Claiming that on or about March 23, 19'6►lo e'ntdbapplie of her as Park Ranger Trainee and was denied employr.en. She claimed that sex, however she was hired as Laborer she was terminated July 29, 1976 from employment because of her filing charges at the EEOC. The investigation of these charges was oducte , at tthehrequestiof the City Manager, by the Affirmative Action gation revealed that conditions in the personnel selection and retention procedures for the Park Ranger Program existed that support Ms. Belschner's claim. It should be noted that all administrative departments involved par- ticipated in the investigation hereofen informed of the deficiencies which resulted in the discrimination. weaknesses an_, the c'.e to be open and avail- T able Trainee position is ac-;no�'.ledged been re-employedennl abl Parkto enRaM fle_schner has 1of both SCE:•.-� • � J y axle to members ofand Recreation as Park Ranger Trainee the City Department Parks t on October 28, 1976, and has agred r to t efiherein al nr roposedrsettlemen which will be submitted to the EEOC of. Parks The City Manager as well as the Director of hthe.;Diparimertcof parks herein se ttle...en and Recreation concur in the, ed t • a review of the facts as reported by by this Department following Joseph Jackson, Interim Affirmative Action Coordinator. miw MEP msammeosiesamalossommealletr