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HomeMy WebLinkAbout11745 ORD - 10/17/1973JRR:0 :10- 15- 73:lst TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE SETTLEMENT AGREEMENE WITH EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PROVIDING FOR FINAL SETTLEMENT OF MATTERS IN CONTRO- VERSY IN CHARGE OF DISCRIMINATION NO. TSA3 -0710, A COPY OF SAID SETTLEMENT AGREEMENT BEING ATTACHED HERE- TO, MARKED EXHIBIT "A ", AND MADE APART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to execute Settle Agreement with Equal Employment Opportunity Commission providing for final settlement of matters in controversy in Charge of Discrimination No. TSA3 -0710, a copy of said Settlement Agreement being attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. The necessity to immediately authorize the execution is of the aforesaid Settlement Agreement in order that matters of controversy can be settled and disposition made of the case at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of October, 1973. ATTEST: City Secretary , % APP%VE D : U _DAY OF OCTOBER, 1973 SST• City Attorn MAYO THE CITY OF CORPUS CHRISTI, TEXAS 11745 e J F EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SAN ANTONIO DISTRICT OFFICE 301 BROADWAY. SUITE 200 SAN ANTONIO. TEXAS 78205 CASE NO. YSA4 -121 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION and JIM WILBURN CHARGE NO. TSA3 -0710 Charging Party and CITY OF CORPUS CHRISTI CORPUS CHRISTI, TEXAS Resp ondent • AREA CODE 912 2215.0011. ExT..ae. SETTLEMENT KGREDENr A charge having been filed under Title VII of the Covil Rights Act do settle theeabovegmatterrin,theefollowinghman hereby to CITY OF CORPUS CHRISTI • CASE N0, YSA4 -121 Page 2 . I. GENERAL, PROVISIONS A. It is understood that this Agreement does not constitute any admission by Respondent of any violation whatsoever of Title VII of the Civil Rights Act of 1964. B. The Charging Party hereby waives and releases his cause of action against Respondent under his charge and cove- nants not to sue Respondent with respect to any matter which was alleged in his charge filed with the Commission, subject to performance by Respondent of the promises and representations contained herein. C. Respondent understands that the Commission, on request of Charging Party or on its own motion, may review com- pliance with this Agreement. As part of such review, the Commission may require written reports concerning compliance, may inspect the premises, examine witnesses, and examine and copy documents pertinent to such review. D. In Addition, it is understood by all parties that this Agreement constitutes i settlement of the issues between the parties with the approval of the Commission and does not necessarily constitute an admission or statement by any party or by the Commission as to the non-discrimina- tion requirements of Title VII or as to the nature or extent of the remedies available under the Title. E. Respondent agrees that all of Respondent's hiring, pro- motion practices, testing, use of facilities, assign- ments, layoffs and other conditions of employment shall be maintained and conducted.in a manner which does not discriminate on the basis of race, color, religion, sex or national origin in violation of Title VII of the Civil Rights Act of 1964. F. Respondent agrees that it will not practice nor permit its supervisory or other personnel to practice discrimi- nation or retaliation of any kind against any person because of his opposition to any practice declared unlaw- ful under Title VII of the Civil Rights Act of 1964, or because of or participation in any manner in any investi- gation, processing, or hearing under Title VII of the Civil Rights Act of 1964. CITY OF CORPUS CHRISTI CASE NO. YSA4 -121 II. ACTION - RESPONDENT Page 3 0 A. Respondent agrees to offer and the Charging Party and the aggrieved party (Ms. L. G. Seward) agree to accept the sum total of $ in full settlement of all monies (di frerence in wages ) d the aggrieved party under Charge of discrimination No. TSA3 -0710. CITY OF CORPUS CHRISTI sy ate Title CHARGING PARTY: AGGRIEVED PARTY: ate EQUAL EMPLOYMENT OPPORTUNITY COMMISSION: The undersigned recommend approval of this Agreement: ate ND L. RAbIREZ, Conciliator N Y OF CORPUS CHRISTI E NO. YSA4 -121 Page 4 ate IS BARBA H Supervisor of Conciliations APPROVED BY THE COMMISSION: ate District Director • Corpus Christi, Texas day of USA " , 19 73 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark