Alice Wolf vs. City of Dubuque Copyright 2014
City of Dubuque Consent Items # 18.
ITEM TITLE: Alice Wolf vs. City of Dubuque
SUMMARY: City Attorney submitting the Release following the settlement of Alice Wolf
vs. the City of Dubuque.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
❑ Staff Memo Staff Memo
❑ Reddick Letter Supporting Documentation
❑ Release Supporting Documentation
THE CITY OF
DUB-�6 E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Mayor Roy D. Buol and
Members of the City Council
DATE: August 26, 2015
RE: Alice Wolf vs. City of Dubuque, Iowa et al.
A lawsuit was filed by Alice Wolf, a former City of Dubuque employee working as a part-
time parking ramp cashier. Ms. Wolf was terminated from her employment in August,
2013. She claimed that she was terminated due to her age in violation of the Iowa Civil
Rights Statute. The matter was set for trial in Iowa District Court in November, 2015.
Attorney Les Reddick has advised me by letter dated August 26, 2015, attached, that
the case has been settled.
The attached Release releases the City of Dubuque and its employees from all claims.
A dismissal with prejudice of the pending action will be filed with the court.
BAL:tIs
Attachment
cc: Michael C. Van Milligen, City Manager
Randy Peck, Personnel Manager
Maurice Jones, Economic Development Director
Tim Horsfield, Parking Systems Supervisor
F:\USERS\tsteckle\Lindahl\Wolf Alice\MayorCouncil_Settlement_082615.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)583-4113/FAX (563)583-1040/EMAIL balesq@cityofdubuque.org
KANE,NORBY& REDDICK, P.C.
ATTORNEYS
Brian J.Kane 2100 ASBURY ROAD,SUITE 2
Les V.Reddick* DUBUQUE,IOWA 52001-3091
Brad J.Heying
Todd L.Stevenson* Retired:
Kevin T.Deeny** Gary K Nocby
Bradley B.Kane
Joseph P.Kane
Nicholas J.Kane
All admitted in Iowa Phone: (563)582-7980
*Also admitted in Illinois Facsimile: (563)582-5312
**Also admitted in Wisconsin E-mail:Ireddick@kanenorbylaw.com
August 26, 2015
Mr. Barry A. Lindahl
City Attorney
Harbor View Place, Suite 330
300 Main Street
Dubuque, Iowa 52001-6944
RE: ALICE WOLF V. CITY OF DUBUQUE
Dear Barry:
This is a lawsuit that was filed by Alice Wolf,a former City of Dubuque employee working
as a part-time parking ramp cashier who was terminated from her employment in August, 2013.
Wolf filed a lawsuit in the Iowa District Court claiming that she was terminated due to her age in
violation of the Iowa Civil Rights Statute. The matter was set for trial in November, 2015.
This case was recently settled for $9,375 after negotiations with Wolfs attorneys whose
initial demand was$95,000. Since the outset of the litigation the defense has consistently taken the
position that Wolf s termination had nothing whatsoever to do with her age and that remains our
position today. This settlement is based upon economics and the settlement papers will reflect that
we admit no liability for the claims being made. In exchange for the settlement amount Wolf will
release the City of Dubuque and its employees and will file a dismissal with prejudice of the pending
action.
Should you have any questions please contact us.
Very truly yours,
KANE,NORBY&REDDICK, P.C.
By 6L
Les V. Reddick
LVR/bmo
RELEASE
The undersigned,ALICE WOLF ("Claimant")states:
1. The Claimant„ individually and on behalf of her successors and assigns, in
consideration of the payment to her in the sum of Nine Thousand Three Hundred Seventy-Five
Dollars ($9,375.00), does hereby release, acquit and forever discharge RANDY" PECK,
TIMOTHY M.HORSFIELD, CITY OF DUBUQUE and all of its respective employees,officers,
directors, elected officials, and agents including all subsidiary, parent and affiliate entities, the
Iowa Communities Assurance Pool (ICAP),American Risk Pooling Consultants,Inc., York.Risk
Services Group, Inc., York Risk fooling Services, Inc., and Public Entity Risk Services of Iowa
(PERSI)("the Released Parties")from any and all liability for all claims or demands, all common
law, statutory or every other cause of action including,but not limited to, the Iowa Civil Rights
Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the
Rehabilitation Act,the Family Medical Leave Act,Iowa Wage Collection Act, damage claims of
any sort, attorney's fees, and costs which she may have or claim to have for any and all causes of
action arising during Claimant's employment Y,?vith the City of Dubuque or Claimant's termination
of employment.
2. Claimant is solely responsible for any and all tax liability respecting this payment
and will defend,indemnify,and hold harmless the Released Parties from any such tax liability.
3. Claimant recognizes that the Released Parties will comply with the Iowa Open
Records Act.
4. Claimant agrees to dismiss with prejudice the suit pending in Clayton County as
Case No. 01311 LACV009908.
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5. This Release is executed as a compromise settlement of a disputed claim. The
Released Parties deny that they have done anything improper in regards to Claimant's employment
or termination of employment or the events preceding Claimant's termination. This Release does
not constitute an admission of liability on,the hart of any person,party or entity. No other promises
have been made by the Released Parties, or those acting on their behalf. This Release covers all
injuries whether presently known or not.
6. Claimant represents that she knows of no person or entity that has paid any amount
on her behalf for which any other person or entity may seek, claim, or attempt to recover as a
subrogee of Claimant against Released Parties. If such lienholder,subrogee, or any person/entity
with a third party interest exists, Claimant agrees to satisfy those third-party interests out of the
settlement proceeds and further agrees to defend, indemnify, and hold harmless the Released
Parties for any claims or interests that are asserted. Such indemnification shall include, without
limitation, any and all attorney fees, court costs, and any and all other costs and expenses.
Claimant further represents that she has not assigned her claim to any other person.
7. Claimant is executing this Release solely upon her own knowledge, belief and
judgment and not upon any representation made by Released Parties. Claimant acknowledges that
she has had the opportunity to consult with an attorney of her choice.
S. Claimant represents that she is not currently receiving Medicare benefits and
Medicare has not made any conditional payments on her behalf. Claimant has not and will not
apply for Social Security Disability benefits related to this incident_ Claimant does not anticipate
any future Medicare-eligible expenses relative to any injuries suffered while an employee of
Released Parties. Because none of the parties anticipate any future Medicare-eligible expense,no
part of the settlement is being set aside for Medicare. Claimant agrees to defend, indemnify, and
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hold harmless the Released Parties from any interest asserted by Medicare. Such indemnification
shall include, without limitation, any and al attorney fees, court costs, and any and all other costs
and expenses.
9. This Release constitutes the entire agreement between Claimant and the Released
Parties. It supersedes all prior Releases and understandings, whether oral or written, relating to
Claimant's complaint,charge,petition, claims, employment,or termination of employment.
10. It is the intent of Claimant and the Released Parties to end any dispute between
them. This Release should be broadly construed to achieve this intent. The terms, provisions,
covenants, and remedies contained in this Release shall be enforceable to the fullest extent
permitted by law. If any term of this Release shall be found to be invalid or unenforceable,then
such term shall be construed in a manner so as to permit its enforcement to the fullest extent
permitted by the law. In any case, the remaining provisions of this Release other than those to
which have been held invalid, illegal or unenforceable, shall not be affected or impaired and shall
remain in full force and effect. This Release will not be construed either in favor of one party or
against one party,but rather pursuant to the fair and reasonable interpretation of the language used.
CAUTION: THIS IS A RELEASE. READ BEFORE SIGNING.
ALICE WOLF, Claimant
Date signed: _ P z e/2
Will6SS
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