CM-11-10-223Item Caption:
CM-1i
OCT 272011
City Manager Approval Form
Consider executing Release, Settlement and "Last Chance" Agreement.
Approval Date: 10/28/2011
Department Name: Fire Department
Project Manager: David Coatney
Assigned Attorney:
Steven Sheets
Item Summary:
This "Last Chance" Agreement outlines the conditions Mr. Grady Fowles reinstatement of employment with the City of Round
Rock Fire Department. Mr. Grady Fowles agrees with the conditions and has signed the "Last Chance" Agreement.
No. of Originals Submitted: 1
Project Name: Release Settlement and Last Chance" Agreement
Cost: $15,990.08
Source of Funds: General Fund
Source of Funds (if applicable): Select Source Fund
Account Number: 5110-100-22011
Finance Director Approval:
Department Director Approct:::)........)
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Date:
Date: t I L71 II
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ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
RELEASE, SETTLEMENT AND
"LAST CHANCE" AGREEMENT
WHEREAS, Fire Fighter Grady Fowles was placed on indefinite suspension effective March 29,
2011, following an administrative investigation related to his arrest on January 1, 2011 in the
City of Austin, Texas for charges related to Assault with Bodily Injury.
WHEREAS, Mr. Grady Fowles has remained off work since March 29, 2011; and
WHEREAS, Mr. Grady Fowles appealed his indefinite suspension to a Third Party Hearing
Examiner on September 20 and 21 2011; and
WHEREAS, the City of Round Rock (the "City") and Grady Fowles ("Fowles") have agreed to
settle said appeal; NOW THEREFORE:
FOR AND IN CONSIDERATION OF THE AGREEMENTS CONTAINED HEREIN:
SECTION 1. Fowles agrees to serve a ninety (90) -day suspension without pay, extending from
March 29, 2011 through June 28, 2011. Fowles also withdraws his appeal of his indefinite
suspension to the Third Party Hearing Examiner, effective the date this document is executed...
Fowles understands this Release and Settlement Agreement, as well as the underlying internal
investigation file, shall be placed in his official civil service file, as maintained by the Civil
Service Director pursuant to Section 143.089(a) of the Texas Local Government Code.
SECTION 2. In consideration of Fowles' service of a ninety (90) -day suspension and his
withdrawal of his appeal, the City shall reinstate Fowles to his employment in the Fire
Department, effective October 28 2011. The City shall pay Fowles $15,990.08 for compensation
between June 29 2011 and October 28, 2011, less applicable deductions pursuant to federal and
state law. Fowles shall not be credited with sick leave, annual leave, or seniority or TMRS
contributions for the 90 -day period of his temporary suspension. Fowles shall not be eligible to
test for promotion within the Round Rock Fire Department for a period of two years from the
date of his reinstatement.
SECTION 3. Fowles agrees, as a condition of reinstatement, to attend both anger counseling
and alcohol counseling, at his expense, until released from further counseling by professional(s)
in those fields. Fowles agrees to sign the appropriate releases provided by his counselors so that
the counselor(s) may provide a monthly update of his counseling progress to the Round Rock
Fire Department management that attests to Fowles complying with the requirements of the
counseling program, including the specific dates that he attended counseling each month. Failure
to comply with and complete the counseling requirements referred to in this Agreement shall
subject Fowles to disciplinary action up to and including indefinite suspension. .
SECTION 4. Fowles further agrees to provide the Round Rock Fire Chief David Coatney or
Assistant Chief William Wusterhausen a quarterly Complete Criminal History Record from the
Texas of Department of Public Safety for a period not to exceed two (2) years, beginning the date
this agreement is executed. Failure to provide the complete Criminal History Record on a
quarterly basis shall subject Fowles to disciplinary action up to and including indefinite
suspension.
SECTION 5. Fowles understands and agrees that if he is determined by the Round Rock Fire
Department to have engaged in misconduct within an eighteen (18) month period, beginning on
the date this Agreement is executed, which is related to the issue of not reporting a "detainment"
where he is not arrested, Fowles will be subject to discipline. If Fowles is arrested and is
subsequently convicted or pleads guilty to any other charge or is granted deferred adjudication,
within eighteen (18) months, beginning on the date this Agreement is executed, for involvement
in any intoxication or assault -related issues Fowles may be terminated without right of appeal.
SECTION 6. In exchange for the above stipulations FOWLES RELINQUISHES AND
WAIVES ANY RIGHT TO FURTHER APPEAL OF SAID SUSPENSION TO THE FIRE
FIGHTERS' CIVIL SERVICE COMMISSION, A THIRD -PARTY HEARING
EXAMINER, THE DISTRICT COURT, OR ANY OTHER COURT HAVING
COMPETENT JURISDICTION AND AGREES THAT THIS AGREEMENT IS
INTENDED TO BE A FULL AND FINAL SETTLEMENT OF ANY AND ALL CLAIMS,
DEMANDS, CAUSES OF ACTION, WHETHER KNOWN OR UNKNOWN, WHETHER
ASSERTED OR NOT HAVING YET BEEN ASSERTED, ARISING OUT HIS
INDEFINITE SUSPENSION. FOWLES FURTHER AGREES FOR THIS CASE ONLY
TO WAIVE ANY RIGHT TO FILE A WRITTEN STATEMENT IN HIS CIVIL
SERVICE FILE PROVIDED BY SECTION 143.089(d). FOWLES FURTHER AGREES
THAT HE WILL NOT CONTEST THIS AGREEMENT OR CONTEST THE VALIDITY
OF THIS AGREEMENT IN ANY SUBSEQUENT PROCEEDING WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO, AN ADMINISTRATIVE PROCEEDING
BEFORE THE ROUND ROCK FIRE FIGHTERS' CIVIL SERVICE COMMISSION, A
PROCEEDING BEFORE A HEARING EXAMINER, OR A PROCEEDING BEFORE A
COURT OF LAW.
SECTION 7. FOWLES, FOR HIMSELF, HIS HEIRS, EXECUTORS, AND ASSIGNS,
DOES HEREBY RELEASE, DISCHARGE, AND ACQUIT THE CITY OF ROUND
ROCK, TEXAS, ITS SUCCESSORS, ASSIGNS, OFFICERS, AGENTS, SERVANTS,
AND EMPLOYEES, WILLIAM WUSTERHAUSEN, HIS HEIRS, EXECUTORS,
ASSIGNS, AGENTS, SERVANTS, AND EMPLOYEES, AND DAVID COATNEY, HIS
HEIRS, EXECUTORS, ASSIGNS, AGENTS, SERVANTS, AND EMPLOYEES FROM
ANY AND ALL ACTIONS, CAUSES OF ACTION, INCLUDING CLAIMS, OR
DEMANDS FOR DAMAGES, COSTS, EXPENSES, COMPENSATION, OR
2
CONSEQUENTIAL DAMAGES, KNOWN OR UNKNOWN, ASSERTED OR NOT,
ARISING OUT OF THE AFORESAID SUSPENSION
SECTION 8. Fowles acknowledges that he has relied upon his own judgment and that of his
representative, Rafael Torres, in negotiating this Release and Settlement Agreement and that he
has carefully read the agreement, that he knows and understands the contents of the agreement,
and that he fully agrees to its terms. .
SECTION 9. The International Association of Fire Fighters, Local 3082 acknowledges that the
appeal filed by Fire Fighter Fowles is filed pursuant to the provisions of Chapter 143 of the
Texas Local Government Code. The International Association of Fire Fighters, Local 3082
further acknowledge that this Release and Settlement Agreement does not establish a binding
past practice and acknowledges that future disciplinary issues will be investigated and acted upon
on a case-by-case basis.
EXECUTED IN DUPLICATE ORIGINALS on -f42.4,i6.0- L 7 , 2011.
FIRE FIGHTER
APPROVED:
Steve Norwood
City Manager
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Date
ATTEST:
GWWL WtV4r
Sara White, City Secretary
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