1993-229b:\settle.ord
ORDINANCE NO. ~a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTHORI-
ZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT
IN THE MATTER OF ROEBUCK ET AL. V. CITY OF DENTON TEXAS; AND
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the city manager is hereby authorized to exe-
cute a compromise Settlement Agreement in the matter of Roebuck, et
al v City of Denton, providing for the settlement and compromise
of the litigation now pending between and among the parties in the
16th District Court, Denton County, Texas, Cause No. 92-10504-16,
in substantial accordance with the terms of the proposed Compromise
Settlement Agreement and Agreed Judgment attached hereto as Exhibit
A, or in such form as approved by the City Manager and City
Attorney.
SECTION II. That this ordinance shall become effective immedi-
ately upon its passage and approval.
PASSED AND APPROVED this the 7Lh day of ~~~0~ , 1993.
CASTLEBERRY,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:S
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
CAUSE NO. 92-10504-16
CHARLES L. ROEBUCK, CHARLES §
DILLARD, THOMAS ROBERT LITTLE §
DAVID L. NEWMAN, JR., MONTY M. §
COLE, DAVID M. BROWN, MARK §
MASON AND DAVID FRUTH, §
Plaintiffs S
VS. §
CITY OF DENTON, TEXAS, §
Defendant §
94 A%l 1 Rid I f : 20
D;STRICTCLEF {'n(FNa,KEL
IN THE D STRIC4 ~~1ttQC00 X
--..._DEPUTY
DENTON COUNTY, TEXAS
16TH JUDICIAL DISTRICT
COMPROMISE SETTLEMENT AGREEMENT
This Agreement is by and between Charles L. Roebuck, Charles
Dillard, Thomas Robert Little, David L. Newman, Jr., Monty M. Cole,
David M. Brown, Mark Mason and David Fruth, hereinafter referred to
as "Plaintiffs"; and the City of Denton, Texas, hereinafter
referred to as "Defendants"; and contains covenants by the Denton
Fire Fighters Association and the Texas State Fire Fighters
Association.
WHEREAS the individual Plaintiffs applied for and competed for
entry level positions in the Denton Fire Department; and
WHEREAS the individual Plaintiffs received passing grades on
the civil service examination and were placed on an eligibility
list for entry level positions in the Denton Fire Department in
accordance with the provisions of the Fire Fighters' and Police
Officers' Civil Service Act, TEXAS LOCAL GOVERNMENT CODE Chapter
143; and
WHEREAS the Defendant filled two entry level positions by
selecting candidates ranked lower on the eligibility lists than
were Plaintiffs; and
WHEREAS partial summary judgment was had in the 16th District
court on November 5, 1993, in favor of the Plaintiffs, finding that
Defendant violated State law in filling the two positions; and
WHEREAS bona fide disputes and controversies exist between the
parties, both as to liability and the amount thereof, if any, and
by reason of such disputes and controversies the parties hereto
desire to compromise and settle all claims and causes of action of
any kind, whatsoever, which Plaintiffs have or may have in the
future arising out of or in connection with the above described
controversy, and intend that the full terms and conditions of the
COMPROMISE SETTLEMENT AGREEMENT - PAGE 1
compromise and settlement be set forth in this Compromise Settle-
ment Agreement;
NOW, THEREFORE, in consideration of the mutual promises and
agreements contained herein, including the recitals set forth
hereinabove, the parties agree as follows:
1. Subject to the other terms of this agreement, DENTON will
select two fire fighter recruits from the following list of candi-
dates in the order shown, to be hired effective January 24, 1994:
1.
Charles
Lee Roebuck
2.
Mark Mas
on
3.
Charles
R. Dillard
Glen C.
Johnson
5.
Rick M.
Barron
6.
David W.
Brown
7.
Thomas R. Little
It is understood and agreed that the placement of the above persons
on this list shall not establish a precedent binding the parties
regarding future eligibility lists for entry level positions in the
Denton Fire Department.
2. As a condition of selection, each candidate listed in
paragraph one shall complete a Denton Fire Department personal his-
tory statement, which must be received by December 9, 1993, and
swear to an affidavit stating that, to the best of the candidate's
knowledge, the candidate has no entries on his computerized crimi-
nal history, less than three entries within the last three years on
his driving history, and that he has a credit history which re-
flects that he has met and is satisfactorily meeting his financial
obligations. Any candidate who fails to submit his completed per-
sonal history statement and affidavit prior to December 9, 1993
shall not be considered for selection, and DENTON shall have no
further obligation to that individual candidate.
3. The parties understand and agree that there are candi-
dates on the above candidate list who are not Plaintiffs to this
cause of action, and that the selection of two entry-level fire
fighter recruits will not necessarily be limited to the Plaintiffs
to this cause of action.
4. It is understood that each candidate who accepts an
entry-level fire fighter recruit position will be required to again
submit to, complete, and pass all physical agility tests, back-
ground tests, medical examinations, psychological examinations, and
other tests required of entry-level fire fighter recruits by the
Denton Fire Department. However, no Plaintiff will be rejected
because he or she has reached the age of 36 during the pendency of
this lawsuit.
COMPROMISE SETTLEMENT AGREEMENT - PAGE 2
5. It is further understood and agreed that all candidates
selected from the above candidate list shall commence a one-year
probationary period on the date hired, and shall not enjoy any
retroactive benefit, including, but not limited to, back wages,
seniority, pension accrual, sick leave accrual, vacation accrual,
or civil service protection. The parties understand and agree that
this CCompromise Settlement Agreement creates specifially stted herein or providd lb ynStatellaw.
6. If any candidate on the above candidate list declines an
entry-level fire fighter recruit position for any reason, DENTON
will have no further obligation with regard to that individual
candidate.
7. The parties understand and recognize that there is insuf-
ficient time to properly screen each candidate prior to selection,
and DENTON will be making selections based upon information provi-
ded by each candidate. If DENTON subsequently determines through
investigation that any candidate's criminal, traffic, or credit
history reveals detrimental information which DENTON deems to be
below the standards of the Denton Fire Department, DENTON shall
have the option to terminate the candidate with no further obliga-
tion, and select the next listed candidate meeting all requirements
for selection under this Compromise Settlement Agreement.
8. DENTON will seek implementation of a local rule prohibit-
ing the use of prior certifiability as a basis for passing over
entry-level fire fighter recruits, unless established as a hiring
criterion or subsequently authorized by State law.
9. Should DENTON continue to use prior certifiability as a
basis for breaking ties among entry-level recruits, the Texas State
Association of Fire Fighters ("TSAFF") and the Denton Fire Fighters
Association ("DFFA"), in consideration of the covenants made
herein, agree not to sponsor or initiate any legal challenge to
this practice.
10. Should DENTON choose to implement a local rule establish-
ing certifiability as a qualification for entry level fire figh-
ters, TSAFF and DFFA, in consideration of the covenants made
herein, agree not to sponsor or initiate any legal challenge to
this practice.
11. In consideration of the covenants made herein, TSAFF and
DFFA agree not to sponsor or initiate any legal challenge to the
terms or operation of this Compromise Settlement Agreement on
behalf of any applicants on the currently existing fire fighter
recruit eligibility list not chosen for entry level positions by
virtue of the remedial actions agreed to and prescribed herein.
12. DENTON will make reasonable efforts to comply with the
requirements of the Fire Fighters' and Police Officers' Civil Ser-
COMPROMISE SETTLEMENT AGREEMENT - PAGE 3
vice Act, Tex. Loc. Gov't Code Chap. 143, in selecting future can-
didates from eligibility lists created for entry-level positions in
the Denton Fire Department.
13. In exchange for the consideration provided herein, Plain-
tiffs will release, indemnify and defend DENTON from any and all
claims, losses and liability which Plaintiffs have or may have
arising out of the facts giving rise to this lawsuit, and agree to
hold DENTON harmless from any consequence arising out of this law
suit.
14. It is understood and agreed that this compromise settle-
ment Agreement contains the entire agreement between the parties
and supersedes any and all prior agreements, judgments, arrange-
ments, or understandings between the parties relating to the
subject matter. No oral understandings, statements, promises, or
inducements contrary to the terms of this Compromise Settlement
Agreement exist. This Compromise Settlement Agreement cannot be
changed or terminated orally.
15. It is understood that this Compromise Settlement Agree-
ment shall be governed by, construed, and enforced in accordance
with and subject to the laws of the State of Texas.
16. It is understood and agreed that this Compromise Settle-
ment Agreement shall be effective immediately upon its execution
and shall be binding upon and inure to the benefits of the parties
and their respective heirs, representatives, successors, and
assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the 6 day of January , -19.9.3-.~ 1994
Cy V
Charles L. Roebuck Monty M. Cole
Char s Dillard
~T oma, Robert Little
David M. Brown
Mark Mason
David L. Newman, Jr.
David Fruth
COMPROMISE SETTLEMENT AGREEMENT - PAGE 4
vice Act, Tex. Loc. Gov't Code Chap. 143, in selecting future can-
didates from eligibility lists created for entry-level positions in
the Denton Fire Department.
13. In exchange for the consideration provided herein, Plain-
tiffs will release, indemnify and defend DENTON from any and all
claims, losses and liability which Plaintiffs have or may have
arising out of the facts giving rise to this lawsuit, and agree to
hold DENTON harmless from any consequence arising out of this law
suit.
14. It is understood and agreed that this compromise Settle-
ment Agreement contains the entire agreement between the parties
and supersedes any and all prior agreements, judgments, arrange-
ments, or understandings between the parties relating to the
subject matter. No oral understandings, statements, promises, or
inducements contrary to the terms of this Compromise Settlement
Agreement exist. This Compromise Settlement Agreement cannot be
changed or terminated orally.
15. It is understood that this Compromise Settlement Agree-
ment shall be governed by, construed, and enforced in accordance
with and subject to the laws of the State of Texas.
16. It is understood and agreed that this compromise Settle-
ment Agreement shall be effective immediately upon its execution
and shall be binding upon and inure to the benefits of the parties
and their respective heirs, representatives, successors, and
assigns.
IN WITN SS WHEREOF, the parties have executed this Agreement
as of the day of S~r\ o-tt~~--3
6 January 1994
NQ,OA. I( c~t /rt k
Charles L. Roebuck
Monty M. Cole
Charles Dillard
Thomas Robert Little
David L. Newman, Jr.
David M. Brown
sue"(
Mark David Fruth
COMPROMISE SETTLEMENT AGREEMENT - PAGE 4
vice Act, Tex. Loc. Gov't Code Chap. 143, in selecting future can-
didates from eligibility lists created for entry-level positions in
the Denton Fire Department.
13. In exchange for the consideration provided herein, Plain-
tiffs will release, indemnify and defend DENTON from any and all
claims, losses and liability which Plaintiffs have or may have
arising out of the facts giving rise to this lawsuit, and agree to
hold DENTON harmless from any consequence arising out of this law
suit.
14. It is understood and agreed that this compromise Settle-
ment Agreement contains the entire agreement between the parties
and supersedes any and all prior agreements, judgments, arrange-
ments, or understandings between the parties relating to the
subject matter. No oral understandings, statements, promises, or
inducements contrary to the terms of this Compromise Settlement
Agreement exist. This Compromise Settlement Agreement cannot be
changed or terminated orally.
15. It is understood that this Compromise Settlement Agree-
ment shall be governed by, construed, and enforced in accordance
with and subject to the laws of the State of Texas.
16. It is understood and agreed that this compromise settle-
ment Agreement shall be effective immediately upon its execution
and shall be binding upon and inure to the benefits of the parties
and their respective heirs, representatives, successors, and
assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the 6 day of January r99 1994
Charles L. Roebuck Monty M. Cole
Charles Dillard David M. Brown
Thomas Robert Little
David L. Newman, Jr.
Mark Mason
/
l-1" 1 / /9
Da`V:1 Fru h
COMPROMISE SETTLEMENT AGREEMENT - PAGE 4
vice Act, Tex. Loc. Gov't Code Chap. 143, in selecting future can-
didates from eligibility lists created for entry-level positions in
the Denton Fire Department.
13. In exchange for the consideration provided herein, Plain-
tiffs will release, indemnify and defend DENTON from any and all
claims, losses and liability which Plaintiffs have or may have
arising out of the facts giving rise to this lawsuit, and agree to
hold DENTON harmless from any consequence arising out of this law
suit.
14. It is understood and agreed that this Compromise Settle-
ment Agreement contains the entire agreement between the parties
and supersedes any and all prior agreements, judgments, arrange-
ments, or understandings between the parties relating to the
subject matter. No oral understandings, statements, promises, or
inducements contrary to the terms of this Compromise Settlement
Agreement exist. This compromise settlement Agreement cannot be
changed or terminated orally.
15. It is understood that this Compromise Settlement Agree-
ment shall be governed by, construed, and enforced in accordance
with and subject to the laws of the State of Texas.
16. It is understood and agreed that this Compromise Settle-
ment Agreement shall be effective immediately upon its execution
and shall be binding upon and inure to the benefits of the parties
and their respective heirs, representatives, successors, and
assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the 6 day of January 1994
Charles L. Roebuck
Monty M. Cole
Charles Dillard
~homas Robert Little
David L. Newman, Jr.
David M. Brown
Mark Mason
David Fruth
COMPROMISE SETTLEMENT AGREEMENT - PAGE 4
vice Act, Tex. Loc. Gov't Code Chap. 143, in selecting future can-
didates from eligibility lists created for entry-level positions in
the Denton Fire Department.
13. In exchange for the consideration provided herein, Plain-
tiffs will release, indemnify and defend DENTON from any and all
claims, losses and liability which Plaintiffs have or may have
arising out of the facts giving rise to this lawsuit, and agree to
hold DENTON harmless from any consequence arising out of this law
suit.
14. It is understood and agreed that this compromise Settle-
ment Agreement contains the entire agreement between the parties
and supersedes any and all prior agreements, judgments, arrange-
ments, or understandings between the parties relating to the
subject matter. No oral understandings, statements, promises, or
inducements contrary to the terms of this Compromise Settlement
Agreement exist. This Compromise Settlement Agreement cannot be
changed or terminated orally.
15. It is understood that this compromise Settlement Agree-
ment shall be governed by, construed, and enforced in accordance
with and subject to the laws of the State of Texas.
16. It is understood and agreed that this Compromise Settle-
ment Agreement shall be effective immediately upon its execution
and shall be binding upon and inure to the benefits of the parties
and their respective heirs, representatives, successors, and
assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the 6 day of January ,-1993r 1994
Charles L. Roebuck
Charles Dillard
Monty M. le
/1 Ait
id M. Brown ~
Thomas Robert Little
David L. Newman, Jr.
Mark Mason
David Fruth
COMPROMISE SETTLEMENT AGREEMENT - PAGE 4
TEXAS STATE ASSOCIATION OF
FIRE FIGHTERS L_J~
By:
Title: ~L^^a `l Lov u~~
CITY OFINTON,
Title: City Manager
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH,
CITY ATTORNEY
DENTON FIRE FIGHTERS ASSOCIATION
By:
Title. - N
B. CRAIG DEATS,
ATTORNEY OF RECORD FOR
PLAINTIFFS AND ON BEHALF OF
TEXAS STATE ASSOCIATION OF FIRE
FIGHTERS AND DENTON FIRE
FIGHTERS ASSOCIATION
BY:
i
BY: 1
COMPROMISE SETTLEMENT AGREEMENT - PAGE 5
THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Lloyd V. Harrell,
known to me to be the person who executed the foregoing instrument
and acknowledged to me that he executed the same for the purposes
and consideration therein expressed; that he executed the same as
his free and voluntary act and deed after having it fully explained
to him, and after having read it fully, and after realizing the
effect thereof to be a mutual release between and among the city of
Denton, Texas, Char'2s L. Roebuck, Charles Dillard, Thomas Robert
Little, David L. Newman, Jr., Monty M. Cole, David M. Brown, Mark
Mason and David Fruth, for the limited matter or thing dealt with
in the foregoing instrument; and that the same was executed by him
without any threat, force, fraud, duress, or representation of any
kind by any person whomsoever; and that he had the legal authority
to bind the City of Denton, Texas to such an agreement; and that at
the time of execution of the release, Lloyd V. Harrell was com-
pletely sober, sane, and capable of understanding the character of
his acts and deeds and was in complete charge of all of his facul-
ties and capable of executing this instrument and of understanding
the significance of his acts.
GIVEN under my hand and seal of office this the _ day of
? , 199.
of y Publi State of Texas
~ts+ ELIZA,SET►~J. WiLLIAM3
s,~~, . OOMIW~SSION EXRRES
r ,,;t+ Mey 16,1087
COMPROMISE SETTLEMENT AGREEMENT - PAGE 6
THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned, a Notary Public in and for said
County and state, on this day personally appeared Charles L.
Roebuck, known to me to be the person who executed the foregoing
instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed; that he executed the
same as his free and voluntary act and deed after having it fully
explained to him, and after having read it fully, and after
realizing the effect thereof to be a mutual release between and
among the City of Denton, Texas, Charles L. Roebuck, Charles
Dillard, Thomas Robert Little, David L. Newman, Jr., Monty M. Cole,
David M. Brown, Mark Mason and David Fruth, for the limited matter
or thing dealt with in the foregoing instrument; and that the same
was executed by him without any threat, force, fraud, duress,
at
representation of any kind by any person
the time of execution of the release, Charles L. Roebuck was
completely sober, sane, and capable of understanding the character
of his acts and deeds and was in complete charge of all of his
faculties and capable of executing this instrument and of under-
standing the significance of his acts.
GIVEN under my hand and seal of office this the day of
pCF vr8 , 1993.
E
o,wr oua LINDA SWWSW'
OF TEXAS
NOTAM' PUBLIC, , 5fATE Of
My commission EvnlresJuly14,t996 Notary Public, State of Texas
ra
COMPROMISE SETTLEMENT AGREEMENT - PAGE 7
THE STATE OF TEXAS §
COUNTY OF DENTON S
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Charles Dillard,
known to me to be the person who executed the foregoing instrument
and acknowledged to me that he executed the same for the purposes
and consideration therein expressed; that he executed the same as
his free and voluntary act and deed after having it fully explained
to him, and after having read it fully, and after realizing the
effect thereof to be a mutual release between and among the City of
Denton, Texas, Charles L. Roebuck, Charles Dillard, Thomas Robert
Little, David L. Newman, Jr., Monty M. Cole, David M. Brown, Mark
Mason and David Fruth, for the limited matter or thing dealt with
in the foregoing instrument; and that the same was executed by him
without any threat, force, fraud, duress, or representation of any
kind by any person whomsoever; and that at the time of execution of
the release, Charles Dillard was completely sober, sane, and
capable of understanding the character of his acts and deeds and
was in complete charge of all of his faculties and capable of
executing this instrument and of understanding the significance of
his acts.
GIVEN under my hand and seal of office this the yr6 day of
IRECrin 13 6-4 , 1993.
Notary Public, State of Texas
LIC
s 96
KIM]
COMPROMISE SETTLEMENT AGREEMENT - PAGE 8
THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Thomas Robert
Little, known to me to be the person who executed the foregoing
instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed; that he executed the
same as his free and voluntary act and deed after having it fully
explained to him, and after having read it fully, and after
realizing the effect thereof to be a mutual release between and
among the City of Denton, Texas, Charles L. Roebuck, Charles
Dillard, Thomas Robert Little, David L. Newman, Jr., Monty M. Cole,
David M. Brown, Mark Mason and David Fruth, for the limited matter
or thing dealt with in the foregoing instrument; and that the same
was executed by him without any threat, force, fraud, duress, or
representation of any kind by any person whomsoever; and that at
the time of execution of the release, Thomas Robert Little was
completely sober, sane, and capable of understanding the character
of his acts and deeds and was in complete charge of all of his
faculties and capable of executing this instrument and of under-
standing the significance of his acts.
~ GIVEN under my hand and seal of office this the day of
Jf[CPM\- - , 1993.
Notary Public, State of Texas
iM
00lN~ ! 1~llEY
Ism Cet~~f ~
Qptabrl V. 109b
COMPROMISE SETTLEMENT AGREEMENT - PAGE 9
THE STATE OF TEXAS S
COUNTY OF DENTON S
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared David L. Newman,
Jr., known to me to be the person who executed the foregoing
instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed; that he executed the
same as his free and voluntary act and deed after having it fully
explained to him, and after having read it fully, and after
realizing the effect thereof to be a mutual release between and
among the City of Denton, Texas, Charles L. Roebuck, Charles
Dillard, Thomas Robert Little, David L. Newman, Jr., Monty M. Cole,
David M. Brown, Mark Mason and David Fruth, for the limited matter
or thing dealt with in the foregoing instrument; and that the same
was executed by him without any threat, force, fraud, duress, or
representation of any kind by any person whomsoever; and that at
the time of execution of the release, David L. Newman, Jr. was
completely sober, sane, and capable of understanding the character
of his acts and deeds and was in complete charge of all of his
faculties and capable of executing this instrument and of under-
standing the significance of his acts.
GIVEN under my hand and seal of office this the day of
1993.
. / _.71
Notary Public, State of Texas
COMPROMISE SETTLEMENT AGREEMENT - PAGE 10
THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Monty M. Cole,
known to me to be the person who executed the foregoing instrument
and acknowledged to me that he executed the same for the purposes
and consideration therein expressed; that he executed the same as
his free and voluntary act and deed after having it fully explained
to him, and after having read it fully, and after realizing the
effect thereof to be a mutual release between and among the City of
Denton, Texas, Charles L. Roebuck, Charles Dillard, Thomas Robert
Little, David L. Newman, Jr., Monty M. Cole, David M. Brown, Mark
Mason and David Fruth, for the limited matter or thing dealt with
in the foregoing instrument; and that the same was executed by him
without any threat, force, fraud, duress, or representation of any
kind by any person whomsoever; and that at the time of execution of
the release, Monty M. Cole was completely sober, sane, and capable
of understanding the character of his acts and deeds and was in
complete charge of all of his faculties and capable of executing
this instrument and of understanding the significance of his acts.
GI EN under my hand and seal of office this the L~ day of
rn , 1993.
Notary Public, State of Texas
DBUKKAW
WVh9VFdAq
• KWOFIVA
w cumdfiftniMb"
COMPROMISE SETTLEMENT AGREEMENT - PAGE 11
THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned, a Notary Public in and for said
county and State, on this day personally appeared David M. Brown,
known to me to be the person who executed the foregoing instrument
and acknowledged to me that he executed the same for the purposes
and consideration therein expressed; that he executed the same as
his free and voluntary act and deed after having it fully explained
to him, and after having read it fully, and after realizing the
effect thereof to be a mutual release between and among the City of
Denton, Texas, Charles L. Roebuck, Charles Dillard, Thomas Robert
Little, David L. Newman, Jr., Monty M. Cole, David M. Brown, Mark
Mason and David Fruth, for the limited matter or thing dealt with
in the foregoing instrument; and that the same was executed by him
without any threat, force, fraud, duress, or representation of any
kind by any person whomsoever; and that at the time of execution of
the release, David M. Brown was completely sober, sane, and capable
of understanding the character of his acts and deeds and was in
complete charge of all of his faculties and capable of executing
this instrument and of understanding the significance of his acts.
n ' GIVEN under my hand and seal of office this the n day of
,1 Yq-C~ m jD(2(L , 1993.
WALMCOW
VATE OF TOM M
CommlWonE Notary Public, St to of Texas
pr ;t4' AUGUST 2.1097
COMPROMISE SETTLEMENT AGREEMENT - PAGE 12
THE STATE OF TEXAS S
COUNTY OF DENTON §
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Mark Mason, known
to me to be the person who executed the foregoing instrument and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed; that he executed the same as his
free and voluntary act and deed after having it fully explained to
him, and after having read it fully, and after realizing the effect
thereof to be a mutual release between and among the City of
Denton, Texas, Charles L. Roebuck, Charles Dillard, Thomas Robert
Little, David L. Newman, Jr., Monty M. Cole, David M. Brown, Mark
Mason and David Fruth, for the limited matter or thing dealt with
in the foregoing instrument; and that the same was executed by him
without any threat, force, fraud, duress, or representation of any
kind by any person whomsoever; and that at the time of execution of
the release, Mark Mason was completely sober, sane, and capable of
understanding the character of his acts and deeds and was in
complete charge of all of his faculties and capable of executing
this instrument and of understanding the significance of his acts.
GIVEN under my hand and seal of office this the M day of
I:J_P :LG A , 1993.
-
'"w LINDA HOUSDEN
• NOl'ARY PUBLIC, STATE OF TEXAS
My Commission Expires July 14, 1996
Notary Public, State of Texas
COMPROMISE SETTLEMENT AGREEMENT - PAGE 13
THE STATE OF TEXAS S
COUNTY OF DENTON S
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared David Fruth,
known to me to be the person who executed the foregoing instrument
and acknowledged to me that he executed the same for the purposes
and consideration therein expressed; that he executed the same as
his free and voluntary act and deed after having it fully explained
to him, and after having read it fully, and after realizing the
effect thereof to be a mutual release between and among the city of
Denton, Texas, Charles L. Roebuck, Charles Dillard, Thomas Robert
Little:, David L. Nek:ian, Jr., Monty M. Cole, David M. Brown, Mark
Mason and David Fruth, for the limited matter or thing dealt with
in the foregoing instrument; and that the same was executed by him
without any threat, force, fraud, duress, or representation of any
kind by any person whomsoever; and that at the time of execution of
the release, David Fruth was completely sober, sane, and capable of
understanding the character of his acts and deeds and was in
complete charge of all of his faculties and capable of executing
this instrument and of understanding the significance of his acts.
GIVEN under my hand and seal of office this the l day of
PPLI--c +I3cz , 1993.
Notary Public, State of Texas
N
LIC
as 6-96
MINI
COMPROMISE SETTLEMENT AGREEMENT - PAGE 14
THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared ra_-
II, on behalf of the Texas State Associat on of
Flre Fighters, known to me to be the person who executed the
foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein expressed; that he
executed the same as his free and voluntary act and deed after
having it fully explained to him, and after having read it fully,
and after realizing the effect thereof to be a mutual release
between and among the City of Denton, Texas, Charles L. Roebuck,
Charles Dillard, Thomas Robert Little, David L. Newman, Jr., Monty
M. Cole, David M. Brown, Mark Mason and David Fruth, for the
limited matter or thing dealt with in the foregoing instrument; and
that the same was executed by him without any threat, force, fraud,
duress, or representation of any kind by any person whomsoever; and
that he had the legal authority to bind the Texas State Association
of Fire Fighters to such an agreement; and that at the time of
execution of the release, rya P 6-+ , on behalf
of the Texas State Association of Fire Fighters, was completely
sober, sane, and capable of understanding the character of his acts
and deeds and was in complete charge of all of his faculties and
capable of executing this instrument and of understanding the
significance of his acts.
GIVEN under my hand and seal of office this the 23nA day of
XL -e VL bAA , 1993.
Notary Public, State of Texas
ELISE L. MORRISON
Notary Public, State of Texas
My COMMINlen Expires
P DEC. 13, 1997
COMPROMISE SETTLEMENT AGREEMENT - PAGE 15
THE STATE OF TEXAS §
COUNTY OF DENTON S
BEFORE ME, the undersigned, a Notary Public in and forC said
County and State, on this day personally appeared on behalf of the Denton Fire F1.g ters Asso is
tlon, known to me to be the person who executed the foregoing
instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed; that he executed the
same as his free and voluntary act and deed after having it fully
explained to him, and after having read it fully, and after
and
between
realizing the effect thereof be mutual L release Roebuck,
Charles
among the City of Denton, Texas, Charles Dillard, Thomas Robert Little, David L. Newman, Jr., Monty M. Cole,
David M. Brown, Mark Mason and David Fruth, for the limited matter
or thing dealt with in the foregoing instrument; and that the same
was executed by him without any threat, force, fraud, duress, he
representation of any kind by any person
had the legal authority to bind the Denton Fire Firghters Associa-
tion to suc an agreement; and that at the time of execution of the
release, I 500 , on behalf of the Denton Fire
Fighters Association, was completely sober, sane, and capable of
understanding the character of his acts and deeds and was in
complete charge of all of his faculties and capable of executing
this instrument and of understanding the significance of his acts.
G VEIN under my hand and seal of office this theC day of
fin , 1993.
Notary Public, State of Texas
COMPROMISE SETTLEMENT AGREEMENT - PAGE 16
CAUSE NO
CHARLES L. ROEBUCK, CHARLES
DILLARD, THOMAS ROBERT LITTLE
DAVID L. NEWMAN, JR., MONTY M.
COLE, DAVID M. BROWN, MARK
MASON AND DAVID FRUTH,
Plaintiffs
VS.
CITY OF DENTON, TEXAS,
Defendant
F 11,,
92-10504-16 91, in 10 AM II: 20
TRACY KUNKEL
§ IN THE01VWQ1.A3
§ DEPUTY
§
§
§ DENTON COUNTY, TEXAS
§
§
§
§ 16TH JUDICIAL DISTRICT
AGREED JUDGMENT
Upon the decision of the parties in this action to compromise
and settle all matters made the basis of this lawsuit, the Court
ORDERS, ADJUDGES AND DECREES that the Agreed Judgment is hereby
GRANTED in accordance with the terms and conditions of the Compro-
mise Settlement Agreement entered by all parties as follows:
1. Subject to the other terms of this Agreed Order, DENTON
will select two fire fighter recruits from the following list of
candidates in the order shown, to be hired effective January 24,
1994:
1.
Charles
Lee Roebuck
2.
Mark Mas
on
3.
Charles
R. Dillard
4.
Glen C.
Johnson
5.
Rick M.
Barron
6.
David W.
Brown
7.
Thomas R. Little
it is understood and agreed that the placement of the above persons
on this list shall not establish a precedent binding the parties
regarding future eligibility lists for entry level positions in the
Denton Fire Department.
2. As a condition of selection, each candidate listed in
paragraph one shall complete a Denton Fire Department personal his-
tory statement, which must be received by December 10, 1993, and
swear to an affidavit stating that, to the best of the candidate's
knowledge, the candidate has no entries on his computerized crimi-
nal history, less than three entries within the last three years on
his driving history, and that he has a credit history which re-
flects that he has met and is satisfactorily meeting his financial
obligations. Any candidate who fails to submit his completed per-
sonal history statement and affidavit prior to December 10, 1993
AGREED JUDGMENT - PAGE 1
shall not be considered for selection, and DENTON shall have no
further obligation to that individual candidate.
3. The parties understand and agree that there are candi-
dates on the above candidate list who are not Plaintiffs to this
cause of action, and that the selection of two entry-level fire
fighter recruits will not necessarily be limited to the Plaintiffs
to this cause of action.
4. It is understood that each candidate wh accepts an
ired to again
entry-level fire fighter ecruit position will be reqwtests, back-
submit to, complete, and pass all physical aglity ground tests, medical examinations, psychological examinations, and
the
other tests required of entry-level o fiPlaint iffrwre ruitrejected
Denton Fire Department. However, of during the pendency of
because he or she has reached the age 36
this lawsuit.
5. It is further understood and agreed that all candidates
selected from the be the candidate hilist red, sandl shall commennot aenjoyyany
probationary period on but not limited to, back wages,
retroactive benefit, including,
seniority, pension accrual, sick leave accrual, vacation accrualthat
or civil service protection. The parties understand and agree
this Agreed Judgment creates n employmenttate rights other than as
specifically stated herein or provided n
6. If any candidate on the
entry-level fire fighter recruit
will have no further obligation
candidate.
above candidate list declines a
position for any reason, DENTON
with regard to that individual
7. The parties understand and recognize that there is insuf-
didate prior to sen provi-
ficient time to properly screen each candidate prior p
and DENTON will be making selections based upon
ded by each candidate. If DENTON subsequently determines through
investigation that any candidate's criminal, traffic, or credit
history reveals detrimental information which is deemed to
shall be below
the standards of the Denton Fire Department, DENTON have the
option to terminate the candidate with no further obligation, and
select the next listed candidate meeting all requirements for
selection under this Agreed Order.
B. DENTON will seek implementation of a local rule prohibit-
ing the use of prior certifiability as a basis for passing over
entry-level fire fighter recruits, unless established as a hiring
criterion or subsequently authorized by State lit as a
lentrylevelprecruits, the TexasyState
g. Should D tiesNamong-
basis for breaking
Association of Fire Fighters "TSAFF" and the Denton Fire Fighters
AGREED JUDGMENT - PAGE 2
Association ("DFFA") agree not to sponsor or initiate any legal
challenge to this practice.
10. Should DENTON choose to implement a local rule establish-
ing certifiability as a qualification for entry level fire figh-
ters, TSAFF and DFFA agree not to sponsor or initiate any legal
challenge to this practice.
11. In consideration of the covenants made herein, TSAFF and
DFFA agree not to sponsor or initiate any legal challenge to the
terms or operation of this Agreed Judgment on behalf of any appli-
cants on the currently existing fire fighter recruit eligibility
list not chosen for entry level positions by virtue of the remedial
actions agreed to and prescribed herein.
12. DENTON will make reasonable efforts to comply with the
requirements of the Fire Fighters' and Police Officers' Civil
Service Act, Tex. Loc. Gov't Code Chap. 143, in selecting future
candidates from eligibility lists created for entry-level positions
in the Denton Fire Department.
13. In exchange for the consideration provided herein,
Plaintiffs will release, indemnify and defend DENTON from any and
all claims, losses and liability which Plaintiffs have or may have
arising out of the facts giving rise to this lawsuit, and agree to
hold DENTON harmless from any consequence arising out of this
lawsuit.
14. It is understood and agreed that this Agreed Judgment
contains the entire agreement between the parties and supersedes
any and all prior agreements, judgments, arrangements, or under-
standings between the parties relating to the subject matter. No
oral understandings, statements, promises, or inducements contrary
to the terms of this Agreed Judgment exist. This Agreed Judgment
cannot be changed or terminated orally.
15. It is understood that this Agreed Judgment shall be gov-
erned by, construed, and enforced in accordance with and subject to
the laws of the State of Texas.
16. It is understood and agreed that this Agreed Judgment
shall be effective immediately upon its execution and shall be
binding upon and inure to the benefits of the parties and their
respective heirs, representatives, successors, and assigns.
17. The Parties and the Court acknowledge that as of the date
of this Agreed Judgment, an entry-level eligibility list currently
exists for entry level fire fighter recruit vacancies in the Denton
Fire Department, that the two individuals hired pursuant to this
Agreed Order will fill two vacancies which may otherwise have been
filled by individuals on the current eligibility list, and that any
right inuring to the benefit of any person on the current entry-
AGREED JUDGMENT - PAGE 3
level eligibility list to these vacancies under State law is pre-
empted to the extent inconsistent with this Agreed Judgment.
All other relief not expressly granted herein is DENIED.
SIGNED, this the ---qoay of January, 1994.
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH,
CITY ATTORNEY
B. CRAIG DEATS,
ATTORNEY OF RECORD FOR
PLAINTIFFS AND ON BEHALF OF
TEXAS ASSOCIATION OF FIRE
FIGHTERS AND DENTON FIRE
FIGHTERS ASSOCIATION
-7
BY:~P°
i
J
I /
BY
AGREED JUDGMENT - PAGE 4
level eligibility list to these vacancies under State law is pre-
empted to the extent inconsistent with this Agreed Judgment.
All other relief not expressly granted herein is DENIED.
SIGNED, this the day of December, 1993.
N. JOHN NARSUTIS,
JUDGE PRESIDING
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, B. CRAIG DEATS,
CITY ATTORNEY ATTORNEY OF RECORD FOR
PLAINTIFFS AND ON BEHALF OF
TEXAS ASSOCIATION OF FIRE
FIGHTERS AND DENTON FIRE
FIGHTERS ASSOCIATION
BY: BY:
AGREED JUDGMENT - PAGE 4