The Saga continues. Despite being put on paid administrative leave due to questionable comments, attempting to get a job with the Georgia Health Dept and his hate filled rants, Eric Walsh is to get $96,144.36 settlement. This all on top of the fact he failed to disclose that he earned money from another source: i.e. The church where was an associate pastor. He later disclosed that income when the omission was pointed out to him.The error was on Form 700, not employment, and when the omission was pointed out, he did file an amended Form 700 to disclose–which you are allowed to do, according to city officials.
In addition, Dr. Walsh received, like any employee who leaves, a final check for accrued leave, vacation, the final pay cycle, etc., to close out his payroll accounts. That amount was $19,336.11.
These settlement figures are “gross” amounts not “net” and are subject to deductions & withholding for federal and state taxes, CalPers, etc.
The city of Pasadena released the following agreement made with Walsh after he resigned following a difficult couple of weeks for the city regarding Walsh’s ability to run a Health Dept. following the hate-filled sermons that appeared on YouTube.
Here’s the agreement which is signed by city attorney , City Manager and Walsh.
SETTLEMENT AND RELEASE AGREEMENT
CITY OF PASADENA (“City”) and
ERIC WALSH (“Employee”) collectively known as the “Parties”
In settlement of the matter of the employment of Employee by the City of Pasadena., without admitting fault or error, the parties have agreed to the following terms and conditions for Employee’s separation from employment:
This Settlement and Release Agreement (“Agreement”) shall constitute the entire agreement between the parties and shall supercede any prior promises or agreements whether oral or in writing.
2. Employee has notified the City of his intent to resign effective Wednesday, May
14, 2014. Employee’s resignation from employment shall be retained in the employment records as a resignation for personal reasons.
Upon receipt of Employee’s letter of resignation, the parties agree that the City will be deemed to have accepted Employee’s resignation while an administrative investigation was pending and before it was completed or findings made. Said investigation will be closed without further action.
4. Upon separation, and within ten (10) days thereof, Employee shall be paid the
following in consideration for the covenants, agreements, conditions and releases herein, which payment is similar (or may be equivalent) to the severance described in his employment contract:
a. Six (6) months of base salary;
b. Payment for any accrued vacation, floating holiday and banked holiday hours at Employee’s base salary hourly rate;
c. Payment for any accrued management leave hours at Employee’s base salary hourly rate.
d. The City will withhold all required tax and other withholdings as required by law from said payments. Employee is responsible for any additional taxes that may be or become due or owing on said payments.
5. Employee will be entitled to COBRA continuation of benefits rights and any other
rights conferred by law with regard to an employee who is separating from employment with the City.
6. Employee, being of lawful age, in consideration of the mutual promises set forth
in this Agreement, does hereby for himself, for all persons acting by or through his, and for his heirs, administrators, executors, successors and assigns, agree to forever release the City of Pasadena, the members of its City Council, and its agents, officers, employees, assigns, and its former officers, agents and employees, from any and all claims, actions, causes of action, lawsuits,
administrative charges, verdicts, penalties, damages, costs, expenses or fees, including attorney’s fees, which the undersigned Employee now has or which may hereafter accrue on account of, as a result of, or which have been caused by or arise out of, in any way, the employment of Employee by the City of Pasadena, including but not limited to: claims, actions, causes of action, lawsuits,
administrative charges, verdicts, penalties, damages, costs or fees which are known or unknown, foreseen or unforeseen and pertain to or arise out of any bodily, psychological, property or other damages or injury, and the consequences thereof, in any way relating to his employment by the City of Pasadena.
7. It is further understood and agreed that this is a FULL AND FINAL RELEASE
OF ALL CLAIMS of every and any kind whatever, that are known or unknown, suspected or unsuspected. In that connection, Employee understands and agrees that any and all rights under California Civil Code Section 1542 or any similar law of any state of the United States is knowingly, expressly, and irrevocably waived. Section 1542 reads as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.”
Employee understands and agrees that the significance and consequences of his waiver of Civil Code Section 1542 is that even if Employee should suffer future
damages or additional claims arising out of his employment by the City of Pasadena, Employee will not be permitted to recover damages or assert any claim therefor. Employee assumes the risk of any mistake of fact with regard to any of the matters released herein and has relied on independent legal advice in executing this Agreement.
The Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. Section
621 et seq., makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s
employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act (OWPBA), 29 U.S.C. Section 626, et seq., further augments the ADEA and prohibits the waiver of any right of claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Employee acknowledges that he is knowingly and voluntarily, for just
compensation in addition to anything of value which Employee was already entitled, waiving and releasing any rights he may have under the ADEA and/or OWBPA. Employee further acknowledges that he has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:
a. This waiver and release is written in a manner understood by Employee.
Employee is aware of and has been advised to obtain advice from legal counsel of his own choosing of his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims he
currently may have under the ADEA, OWBPA, or similar age discrimination laws.
C. Employee is entitled to a reasonable time of at least twenty-one (2 1) days
within which to review and consider this Agreement, and the waiver and release of any rights he may have under the ADEA, the OWBPA, or similar age discrimination laws, but he may, in the exercise of his own discretion, sign or reject this Agreement at any time before the expiration of the twenty-one (2 1) day period.
d. Employee shall have the right to revoke the waiver and release of claims under ADEA within seven (7) days after the date of signing this Agreement. This Agreement shall not become effective until the seven (7) day revocation period has expired;
e. If Employee rescinds this Agreement, the previous action of acceptance of his resignation will take effect immediately and Employee will be separated from employment with City.
f. Employee acknowledges and agrees that he is knowingly and voluntarily waiving and releasing these rights and claims for consideration.
9. Covenant Not to Sue: Employee expressly represents, warrants, and covenants not
to sue the City to enforce any charge, claim or cause of action released pursuant to this Agreement. A lawsuit to enforce the terms of this Agreement shall be excepted from the terms of this paragraph, and shall not constitute a breach of the covenant not to sue. This covenant not to bring or maintain any action in law or equity shall be specifically enforced and the City shall have standing to bring any such action for specific enforcement and shall be a real party in interest as defined in Code of Civil Procedure § 367.
In the event the Parties to this Agreement breach the covenant not to sue as set forth in in this Agreement, or file any claim, charge or action with any court or administrative body regarding this Agreement, they shall be liable for all
damages, including without limitation, compensatory damages as well as all attorney’s fees and costs.
10. This Agreement shall not be cited in, or used or produced in, any future cases
involving the City of Pasadena and Employee, and shall not be considered to have set any precedent or be cited for the purpose of establishing disparate treatment or any other cause for this or any other employee or former employee of the City of Pasadena.
II. If any part of this Agreement shall be determined by a court of competent
jurisdiction to be invalid, all remaining parts or portions hereof, not so determined, shall remain in full force and effect.
12. This Agreement may only be amended in a writing signed by the party against whom enforcement is sought.
13. Each party to this Agreement shall bear its own attorney’s fees and costs incurred as a result of this Agreement, including consultations with experts or attorneys in review of, or deciding whether to sign, this Agreement.
14. Employee agrees that he will not instigate, encourage, provoke, or otherwise support third parties to bring claims, charges, grievances, complaints, or actions of any kind whatsoever against the City and its council members, elected and appointed officials, employees, attorneys, insurers, agents, successors, assignees and representatives. Employee further agrees that he will not participate in any civil litigation of any such third party claims, including providing witness statements, declarations, affidavits, or testimony, unless compelled to do so by a lawful court order.
15. Employee agrees and warrants that he understands and agrees that as a material condition of this Agreement, the existence of the Agreement together with its terms and conditions, and the allegations forming the basis of the circumstances underlying this Agreement, are to remain strictly private and confidential to the extent permitted by law, subject only to the exceptions set forth below.
a. Employee and his successors, assignees, and representatives agree that
they will not disclose, request, or consent to disclosure or otherwise disseminate the terms of this Agreement to anyone with the We exceptions of Employee’s attorneys, accountants, and tax preparers, and Employee shall instruct his attorneys, accountants, and tax preparers not to disclose any facts or allegations relating to the circumstances underlying this Agreement or the Agreement itself, or its terms, unless specifically required by law, and in that event, only such information as the law requires to be disclosed.
However, in the event any third party inquires of Employee or his successors, assignees, or representatives of the circumstances underlying this Agreement or the Agreement itself, they may only state as follows: “The matter has been resolved.” Employee and his successors, assignees, and representatives shall not otherwise reveal the terms of any part of this Agreement.
In the event Employee, his successors, assignees, or representatives breach their obligations of confidentiality, the City will suffer damages in an amount which will be impractical or extremely difficult to ascertain, in
order to establish a reasonable amount of damage for such breach, and to put a limitation on such damages, Employee agrees to pay the City as liquidated damages, the sum of two thousand dollars ($2,000.00) for each breach of the confidentiality provision of this Agreement. Because of the impracticability of fixing actual damages, and because of the benefit to each party in fixing a limitation on damages, the Parties acknowledge that this provision for liquidated damages does not constitute a penalty or forfeiture within the meaning of Civil Code §§ 3275 or 3369 or any other provision of California law.
d. Employee acknowledges that any breach of this provision will cause damage to the City in an amount difficult to ascertain. Accordingly, in addition to any other relief to which the City may be entitled, the City shall be entitled to injunctive relief to prevent violation of this provision without proof of actual damages.
16. This Agreement shall be governed by the laws of the State of California and any
claim arising hereunder shall be within the venue and jurisdiction of the Courts of Los Angeles County.