Staff Reports

The name Rod Jolivette went from relative unknown to local household name when allegations surfaced against him, accusing him of using Albany Fire Department personnel for his own purposes.  The firestorm that followed seemed to follow racial lines straight through the heart of Albany.  Last night, news surfaced that the city will likely settle their lawsuits with Jolivette.

The settlement is for a reported $185,000, plus Jolivette will be credited with service up until his retirement date.  In return, Jolivette will end all lawsuits against the city, as well as end is Equal Employment Opportunity Commission complaint.
The settlement agreement:

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:  _____________________