Albany to Pay Fired Firefighter $280,000 - WALB.com, Albany News, Weather, Sports

Albany city commissioners will decide Tuesday whether to pay nearly $280,000 to settle lawsuits from a firefighter.

Roderick Jolivette claimed discrimination after he was fired after ordering on-duty firefighters to clean up a relative's flood damaged house.

He was later reinstated and demoted.

He was also charged with impersonating, accused of claiming to be a sheriff's office employee when he was stopped for speeding in Chattahoochee County, but that charge was later dropped.

City Commissioner Tommie Postell told us the settlement is not an admission of guilt by the city, but he says leaders must look out for the best interest of taxpayers.

"It was something that the commissioners and city manager got together with and said we think it's best to settle out of court to save a lot of court expense and a lot of extra time involved," said Commissioner Postell.

As a part of the settlement, Jolivette will submit a letter of resignation to end his employment with the city.

He will dismiss all lawsuits and other claims against the city and can't seek future employment with the city.

WALB obtained a copy of the resolution Monday through an open records request.

Below is a copy of the resolution that will be voted on Tuesday

A RESOLUTION

ENTITLED

A RESOLUTION APPROVING SETTLEMENT OF ANY AND ALL CLAIMS OF RODERICK    JOLIVETTE; REPEALING PRIOR RESOLUTIONS IN CONFLICT AND FOR OTHER PURPOSES.

            WHEREAS, Roderick Jolivette has three (3) pending lawsuits against the City as well as a pending EEOC Notice of Charge, to-wit:

                        Roderick Jolivette v. City of Albany and James Carswell (#1:10-                        CV-54 WLS, U.S. District Court).

                        Roderick Jolivette v. City of Albany (#10-CV-3048-3, Dougherty                       Superior Court)

                        Roderick Jolivette v. City of Albany and James Carswell (#1:10-                        CV-106 WLS, U.S. District Court)

                        EEOC Notice of Charge #410-2012-03200

            WHEREAS, it is the City's best interest to settle said lawsuits as well as any and all other claims Roderick Jolivette may have against the City,

            WHEREAS, This settlement will end the employment relationship between Roderick Jolivette and the City of Albany

            NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Albany, Georgia and it is hereby resolved by authority of same:

            SECTION 1.  As part of the settlement, the City's Risk Management Fund will pay to Roderick Jolivette a lump sum of One-Hundred Eighty-Five Thousand Dollars ($185,000) and as part of the settlement Roderick Jolivette will retire  in 2012 with additional years of Credited Service as if he had remained in employment through his Normal Retirement Date.

            SECTION 2.  As part of the settlement Roderick Jolivette will execute a Release and Severance Agreement wherein he releases any and all claims he may have against the City, including officials and employees, in both their official and individual capacities, and wherein he agrees not to seek future employment with the City.

            SECTION 3. As part of the settlement, Roderick Jolivette will dismiss all lawsuits, pending EEOC charge(s), and any and all other claims arising from his employment with the City.

            SECTION 4. The cost to the City's Risk Management Fund to compensate the Pension Fund for the retirement is $95,187.00.

_____________________________________

MAYOR

ATTEST:

_________________________________

CITY CLERK

Adopted:

Introduced By Commissioner:  _____________________

Date(s) read:  _____________________

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