City of Columbus - File #: 0253-2006

• File #: 0253-2006
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 1/31/2006
• In control: Utilities Committee
• On agenda: 2/27/2006
• Final action: 3/1/2006
• 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)

Date	Ver.	Action By	Action	Result
3/1/2006	1	CITY CLERK	Attest
2/28/2006	1	MAYOR	Signed
2/27/2006	1	Columbus City Council	Approved	Pass
2/27/2006	1	COUNCIL PRESIDENT	Signed
2/14/2006	1	Utilities Drafter	Sent for Approval
2/14/2006	1	Auditor Reviewer	Reviewed and Approved
2/14/2006	1	CITY AUDITOR	Reviewed and Approved
2/14/2006	1	Utilities Drafter	Sent for Approval
2/14/2006	1	CITY ATTORNEY	Reviewed and Approved
2/14/2006	1	Utilities Drafter	Sent to Clerk's Office for Council
2/13/2006	1	Finance Reviewer	Reviewed and Approved
2/13/2006	1	FINANCE DIRECTOR	Reviewed and Approved
2/10/2006	1	Utilities Drafter	Sent for Approval
2/9/2006	1	Utilities Reviewer	Sent for Approval
2/9/2006	1	UTILITIES DIRECTOR	Reviewed and Approved
1/31/2006	1	Utilities Drafter	Sent for Approval

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...