Explanation
Background:
This ordinance authorizes the settlement of a suit filed by an employee of the Department of Public Utilities, Division of Sewerage and Drainage. It authorizes payment of attorney fees, certain sums to the employee including backpay and other benefits.
Fiscal Impact: $307,495.63 from the budgeted funds within the Sanitary Sewer Operating Fund.
Title
To authorize the Director of Public Utilities to enter into a settlement with Jeffrey L. Bertacchi and his attorneys, to authorize the amount of $307,495.63 and to declare an emergency. ($307,495.63)
Body
WHEREAS, Jeffrey L. Bertacchi is an employee of the Department of Public Utilities, Division of Sewerage and Drainage; and
WHEREAS, Mr. Bertacchi filed a complaint with The Secretary of Labor alleging that The City of Columbus discriminated against him in violation of Section 1367 of Title 33 of the United States Code (the Clean Water Act); and
WHEREAS, after a hearing was held on this matter, on August 26, 2005, an Administrative Law Judge issued a Recommended Decision and Order was issued recommending the award of certain relief to Mr. Bertacchi; and
WHEREAS, it is in the best interest of the City of Columbus to resolve this matter; and
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to settle this matter and make payment in accordance with that settlement at the earliest possible date; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1: That the Director of the Department of Public Utilities is hereby authorized and directed to enter into a settlement agreement with Jeffrey L. Bertacchi. The settlement agreement may include the following:
a) Mr. Bertacchi shall be reinstated to his former position of Pretreatment Manager with the Industrial Pretreatment Section, Division of Sewerage and Drainage, at a salary of the mid-point of pay grade 58 or $30.40 per hour, whichever is higher;
b) Mr. Bertacchi shall be reimbursed backpay as follows: 5% of his former salary from July 31, 2003 to the effective date of his reinstatement to Pretreatment Manager, plus interest for a total backpay of $8,500.38;
c) Mr. Bertacchi shall have restored to him lost pension benefits, fringe benefits, and 125.5 hours of lost vacation time;
d) The City will take certain steps regarding Mr. Bertacchi's personnel file and future employment references related to this incident;
e) Mr. Bertacchi shall be paid $13,675.25 for expenses and travel; and
f) The City shall pay Mr. Bertacchi's attorney fees and expenses as follows: $210,220.00 to Michael D. Kohn and $75,100.00 to E. Dennis Muchnicki.
Section 2. That for the purpose of paying the cost of this settlement, the expenditure of $307,495.63 or as much thereof as may be needed, be and the same hereby is authorized from the Sewer Systems Operating Fund as follows:
Div.: 60-05, Fund 650, OCA Code: 605006, OL 1: 05, OL 3: 5539, $299,736.43 and Div.: 60-05, Fund 650, OCA Code: 605006, OL 1: 01, OL 3: 1101, 7,759.20
Section 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.