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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