MIN CC 01/09/1989MINUTES OF THE JANUARY 9, 1989 CITY COUNCIL MEETING BOOK "P" 218
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON MONDAY, THE 9TH DAY OF JANUARY, 1989 AT 12:10 P.M. IN
THE CITY HALL CONFERENCE ROOM, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS.
The Council met in an emergency meeting with the following members present:
Jane Monday, Mayor Ila G. Gaines City Staff present:
0. Eugene Barrett William B. Green Gene Pipes, City Manager
Gary Bell William L. Hammock Ruth DeShaw, City Secretary
James L. Carter Percy Howard,Jr. Scott Bounds, City Attorney
Member Absent: William H. Knotts, Jr.
EXECUTIVE SESSION
The Council met in an Executive Session at 12:10 P.M. to consider pending litigation: Schaper V.
City of Huntsville. The City attorney updated the Council concerning the developments in case. No formal
action was taken in the Executive Session which adjourned at 12:45 P.M.
FORMAL SESSION
Consider compromise settlement of Schauer V. City of Huntsville lawsuit
Mayor Jane Monday called the formal session to order at 12:45 P.M. City Attorney, Scott Bounds,
advised the Council of his recommendation for the Council to ratify a settlement agreement that has been
worked out between his office and the attorney for Mr. Dale Schaper, involving the payment to Mr. Schaper
and his attorneys of $20,000 and other non -monetary considerations detailed in a release document that has
been prepared and submitted to Mr. Schaper.
Mr. Bounds detailed the non-monetary considerations, as follows:
"I. Within thirty (30) days of the execution of this agreement, Plaintiff will give to Defendant, through
Defendant's counsel, a proposed letter to be included within Plaintiff's personnel file maintained by the
City. Said letter shall be restricted to the following factual information:
a. Date of Plaintiff's hiring, rank and salary.
b. Date and level of any pay raises received by Plaintiff during the course of his employment and
an indication if such raises were merit based, where applicable.
c. The fact that Plaintiff was reclassified in his position with the Huntsville Police Department
after a reorganization of the department, the effective date of such reclassification, the new
title of the Plaintiff, and salary of the Plaintiff at that time.
d. That, effective May 3, 1985, Plaintiff resigned from the employment from the City of Huntsville.
"II. Within thirty (30) days of the date of the execution of this agreement, Plaintiff shall tender to
Defendant, through Defendant's counsel, a letter of resignation effective May 3, 1985. It is agreed between
the parties that the Plaintiff will not be reinstated to his former position prior to tendering this letter
of resignation.
"III. The City of Huntsville specifically agrees and does hereby convenant that all inquiries relating to
the employment history of the plaintiff will be directed to the City Manager or Personnel Department of the
City of Huntsville. Additionally, no information except the letter referred to in Paragraph I above will be
provided absent express authorization of the Plaintiff himself. It is understood between the parties hereto
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MINUTES OF THE JANUARY 9, 1989 CITY COUNCIL MEETING BOOK "P" 219
that, should the Plaintiff provide such express authorization, the City of Huntsville will provide any
all information in its possession responsive to any such authorized request.
"IV. Either party shall be permitted to disclose, at its option, any and /or all terms of this agreement
any other facts related to this lawsuit."
The compromise settlement further provides that ". . . the parties hereby released have admitted no
Liability of any sort by reason of said incident and that said payment, settlement and compromise is made to
terminate further controversy respecting all claims for damages . . ." and that the Plaintiff, his heirs,
executors, administrators and assigns 11. . . agreed to and do hereby indemnify and hold harmless each and
all of the parties hereby released from any and all claims, demands, actions and causes of action of
whatever nature or character which have been, or which may hereafter be asserted . . ." [A full copy of the
compromise settlement is on file in the city secretary's office.]
outlined non - monetary considerations and Councilmember Howard seconded the motion
Discussion: Councilmember Green asked who the attorneys were that represented the City in this
case. Mr. Bounds advised that he considered several Huntsville attorneys about representing the city in
this matter, but for various reasons, the attorneys did not have the expertise to represent the City or they
had potential conflicts of interest. Mr. Bounds advised, the city then hired Mr. Jim McCartt of Susman,
Godfrey, McGowan in Houston. Subsequently, he said, Mr. McCartt removed himself from this lawsuit and he
was replaced by Mr. Bill Helfard of Hirsch, Glover, Robinson and Sheiness of Houston. Mayor Monday asked
if this settlement recommendation comes from the City's insurance company. Mr. Bounds said it is the City's
insurance company's (International Surplus Lines) recommendation that the City accept this settlement offer.)
Upon a vote of the motion on the floor, all were in favor and the motion Passed unanimously.
Adjournment
full
January 9, 1989