HomeMy WebLinkAbout13-034 - Forney Samantha / Tukwila Police Officer's Guild - Settlement Agreement13 -034
Council Approval N/A
AGREEMENT BETWEEN THE CITY OF TUKWILA,
SAMANTHA FORNEY, AND THE TUKWILA POLICE OFFICER'S GUILD
THIS AGREEMENT is made and entered into this 18th day of January, 2013, by and
between the City of Tukwila, a Washington municipal corporation (the "City "), the Tukwila
Police Officer's Guild (the "Guild ") and Samantha Forney f /k/a Stephen Forney ( "Forney ").
RECITALS:
WHEREAS, Forney is employed by the City as a police officer; and
WHEREAS, Forney is a member of the Guild; and
WHEREAS, Forney is represented by Beth Barrett Bloom, Esq. of Frank Freed Subit &
Thomas, LLP; and
WHEREAS, following a series of mediations, Forney agreed to resign her employment and
settle any claims she has against the City and its officials, employees, and agents arising from her
employment with the City or separation therefrom.
WHEREAS, the Guild agreed to waive any rights to grieve or file unfair labor practice charges
arising from Forney's employment with the City or separation therefrom.
NOW, THEREFORE, the City, the Guild, and Forney mutually agree as follows:
1. The City will place Forney on paid administrative leave effective January 1, 2013. While
on paid administrative leave, Forney will receive full salary and benefits, but will retain
no duties or responsibilities as a Tukwila police officer or as an employee of the City.
Instead, Forney may use her time as she sees fit. Her paid administrative leave will end
on March 31, 2013.
2. Upon expiration of the Revocation Period, as identified below, Forney will submit a
signed letter of resignation with her resignation date given as April 15, 2013.
3. The sum of Four Hundred Thousand Dollars ($400,000.00) (hereinafter, "Total Settlement
Amount ") shall be paid to Fomey. Forney agrees that the sum of $69,000.00 dollars of the
Total Settlement Amount shall be paid to Frank Freed Subit & Thomas LLP for attorney's
fees and expenses. Forney agrees that a check in the amount of $331,000.00 shall be paid
to Samantha Forney. Samantha Forney will be issued a Form 1099 for this portion of the
Total Settlement Amount. Both checks shall be delivered to Beth Barrett Bloom, Esq.
within fourteen (14) days after the period for voiding this agreement has passed.
4. Forney has expressed a desire to apply for a medical retirement from the Department of
Retirement Services during the period of her paid administrative leave. The City will
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cooperate fully with all requests for documentation or information received as a result of
Forney's application.
5. The City will adopt and circulate a new policy regarding the proper consideration and
treatment of transgendered employees in the workplace.
6. The City will conclude all outstanding disciplinary matters involving Forney with a memo
that the "investigation closed without a final determination of "SUSTAINED" by the police
chief, and that no disciplinary action was taken against Forney with respect to the allegations
or investigations.
7. The City agrees that all reference inquiries for Forney will be directed to Stephanie Brown,
Human Resources Director, or her replacement/designee. If the reference inquiry is for a
position outside of law enforcement, Ms. Brown will respond only with infornnation about
Forney's start and end dates, position title at time of separation, salary at time of separation,
and that Forney voluntarily resigned employment on April 15, 2013. Ms. Brown will state it
is the position of the City to provide only this information in response to reference inquiries.
8. If the reference inquiry is for a position in law enforcement, and Forney has signed a release
allowing full disclosure of all employment records regarding her, the City will provide
complete access to Forney's file, including any investigatory files, in compliance with the
signed release and state law.
9. The City's investigation files regarding Forney will be destroyed in March 2020,' seven
years after Forney's resignation, in compliance with the City's policies and state law on
document retention.
10. Chief Villa will notify the Criminal Justice Training Commission ( "CTJC ") that Forney
voluntarily resigned employment. The City will respond "no" to the question: "Is this
agency aware of conduct that may violate RCW 43.101.105 ?"
11. If the City receives a public records request seeking access to or copies of Forney's
investigation file, it will provide Forney with notice of the request and an opportunity to
enjoin disclosure of the documents by seeking relief in King County Superior Court.
The City will disclose the documents if no injunction is obtained and the City concludes,
based on applicable law interpreting the Washington State Public Records Act, that
documents in the investigation file are not exempt from disclosure.
12. Forney may request personal letters of recommendation from police chiefs or other
supervisors employed or formerly by the City.
13. The Guild agrees not to file or pursue any grievance or unfair labor practice arising from
Forney's employment with the City or separation therefrom.
14. Forney will hold harmless and indemnify the City if there is any liability, penalties, or fees
associated with the nonpayment of any taxes owed on any sums paid to Forney in
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accordance of this Agreement, except that Forney does not agree to the hold harmless and
indemnity provision if the issue is the City's failure to withhold payroll taxes on the portion
of the settlement covered by the 1099.
15. Forney forever releases and discharges the City, its past and present council members,
elected officials, officers, employees, attorneys, agents, affiliates, assigns and successors,
and any other person acting on its behalf, from any and all claims, whether known or
unknown, suspected or unsuspected, arising out of Forney's employment with the City or
separation therefrom, or arising on or before the date of this Agreement. This release shall
include any claims arising under any federal, state, or local law prohibiting discrimination,
harassment, or retaliation in employment, including age discrimination in violation of the
Age Discrimination in Employment Act and discrimination based on gender identity,
including but not limited to, as well as any claims for wrongful discharge, constructive
discharge, breach of contract, unpaid wages, salary, or other sums, emotional distress,
personal injury, attorneys' fees, or any other statutory or common law claims.
16. Forney agrees that this Agreement constitutes full and fair compensation for her services,
and further agrees that she is not entitled, nor does she have a claim for, any further
compensation for services or damages from the City or its employees, except as provided
herein. Forney agrees that this agreement supersedes all other agreements with respect
to her employment with the City or separation therefrom.
17. The City, the Guild, and Forney will each be responsible for their own attorney's fees and
costs associated with the above - identified employment matter.
18. Forney, the Guild, and the City acknowledge that settlement of her claims are important
for Forney to move forward with her life, for the City to direct its efforts and resources to
serving its residents, and for both Forney and the City to conserve the costs that would be
incurred as the result of protracted litigation. Forney, the Guild, and the City
acknowledge that their respective decisions to enter into this Agreement do not constitute
an admission by any party that it or she has acted wrongfully with respect to the other
party, or any other person or entity, or that any party has any rights whatsoever against
any other party.
19. Forney acknowledges that:
a. Pursuant to applicable law, she has been offered the opportunity to review a
copy of this Agreement for a period of twenty -one (21) days (the "Review Period ");
b. The City advised Forney to consult with an attorney of her choice prior to
signing the Agreement; and
c. The terms and conditions of this Agreement have not been amended,
modified, or revoked during the Review Period. The City agrees that Forney shall have
seven (7) calendar days (the "Revocation Period ") following the date on which Forney signs
this Agreement to revoke her acceptance of the Agreement, and this Agreement shall not
become effective until the Revocation Period has expired.
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20. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In the event any suit or other proceeding is instituted to enforce any
term of this Agreement, the parties specifically understand and mutually agree that venue
shall be exclusively in King County, Washington. The prevailing party in any such
action shall be entitled to its reasonable attorneys' fees and costs of suit, which shall be
fixed by the judge hearing the case, and such fees shall be included in the judgment.
b
DATED this5 day of ra ,�-, 20'13.
THE CITY OF TUKWILA
DATED this Pl day of January, 2013.
TUKWILA POLICE OFFICER'S GUILD
DATED this � day of January, 2013.
EMPLOYEE
c
Samantha (f /k/a Stephen
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(Rec'd by the City Clerk's Office)
Log -in date/time
-;" f
44-
� -_ CITY OF TUKWILA, WASHINGTON
° . 01 Claim For Damages
City Claim #
(Rec'd by Risk Management)
0
The following party claims damages from the City of Tukwila in the amount of $ 1.646,171.00
arising out of the circumstances described below:
Claimant Name: Samantha Forney
Claimant Date of Birth:
Current Street Address: on file
Mailing Address: 705 2nd Ave, suite 1200
City /State /Zip:
City /State /Zip: Seattle, WA 98104
Horne Phone (include area code):
Work Phone (include area code): 206-682-6711
Residence address at the time of occurrence (if different from above):
Date of Occurrence: 2008- present
Time:
Location ofOccurrence:Tukwila Police Department
OCCURRENCE DESCRIPTION: (Please see reverse or attach additional sheets if needed.)
1. Describe the injury or damage, as well as the conduct and circumstance that brought about the injury
or damage, and the time and place the injury or damage occurred (see reverse for additional space).
Discrimination in employment relating to gender identity and expression. Officer Forney disclosed his intent to transition to female in June 2008.
Colleagues and supervisors within TPD responding negatively to this disclosure. Officer Fomey was subject to increased performance
2. Provide a list of persons involved and witnesses to the occurrence (if applicable) including names,
addresses and phone numbers, if known (see reverse for additional space).
3. Attach copies of all documentation relating to expenses, injuries, losses and
4. Have you submitted a claim for damages to your insurance company? _
If yes, please provide name of insurance
company:
/or estimates for repair.
• Yes • No
Policy #:
The following additional claimant information is required for vehicle claims only:
License Plate #:
Driver's License #:
Vehicle Type (year /make /model):
DRIVER NAME:
OWNER NAME(S):
Address:
Address:
City /State /Zip:
City /State /Zip:
Phone:
Phone:
Passenger(s) Name & Address:
Passenger(s) Name & Address:
Owner's Insurance Company: Policy #:
Please return this completed, signed and notarized Claim For Damages form to the City Clerk's
Office, 6200 Southcenter Boulevard, Tukwila WA 98188; 206- 433 -1800; M -F, 8:30Ai'1 -5Pm.
Claim For Damages (Continued)
OCCURRENCE DESCRIPTION (Cont.): scrutiny, verbal reprimands, referral to unfounded
fitness- for -duty- examinations, investigation and was threatened with discipline. Officer
Forney had no history of performance problems or discipline prior to her disclosure of
plans to undergo gender transition. She was treated differently from similarly situated police
who were not transgender because of her gender expression and identity.
INVOLVED PERSONS AND WITNESS LIST (Names, Addresses and Phone Numbers) (Cont.):
Chief David Haynes, Chief Michael Villa, Sergeant Steve Gurr, Commander Eric Dreyer,
Asst. Chief Don Lincoln, and Officer Todd Bisson.
CLAIMANT: I, Samantha Forney , being first duly sworn, depose and say that
I am the claimant for the above described; that 1 have read the above claim, know the conte t reof
and believe the same to be true and correct. __ ; , , i
Claimant Signature Jam. Lily �tS: _,� — .,
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NOTARY PUBLIC: Subscribed and sworn to before me this ( day of ;(;_;,,�, =-�- �1, 20 / 7
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Notary Signature: 1.) J.- „.....,Tt/ -, ,1 r;,,. • !.
Name as Commissioned: 14�
Notary Public in and for the Stat4of hington, ,
Residing at: ' - -W f ;:`r % ! ', :.- .
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My Appointment Expires: /,� ; . �. - , .
(for City use only) t+n1Ntt�tiaH��e����•
ATTACHMENTS: DISTRIBUTION:
1 1 POLICE REPORT 1 1 PHOTOGRAPHS 1 1 MAYOR'S OFFICE 11 POLICE CHIEF
1 COLLISION REPORT I OTHER ❑ CITY ATTORNEY 1 ( FIRE CHIEF
ESTIMATES 1 1 PUBLIC WORKS DIRECTOR ❑ P &R DIRECTOR
1 1 BILLS n DCD DIRECTOR OTHER