REPORT TO COUNCIL
SUBJECT
Title
Budget Action to implement the terms of the settlement of the various Sandau v. City of Santa Clara, et al., Matters [Council Pillar: Enhance Community Engagement and Transparency]
Report
BACKGROUND
Former Silicon Valley Power (SVP) employee Richard Sandau filed several legal challenges to his release from his at-will unclassified employment in 2018 following an extended leave of absence that had begun in 2016, to attend law school full time. He filed challenges in Superior Court, with the Public Employment Relations Board (PERB), and with the Civil Service Commission. SVP has reached a settlement with Mr. Sandau that would dispose of all of his challenges and bring an end to the various protracted and costly disputes.
DISCUSSION
A tentative settlement was approved by Council in closed session on December 10, 2019. No report out of closed session was required at that time under California Government Code ?54957.1(a)(3) because the settlement was not yet final. Now that all parties have signed on to the Settlement Agreement, it is on file with the City Clerk's Office.
The total settlement with Mr. Sandau is $462,500 of which $46,437.30 is credited to the City for its previous payment to Mr. Sandau under the severance pay provisions of the Unit 9 Memorandum of Understanding, obligating the City to make a net payment of $416,062.70 to Mr. Sandau. The settlement forecloses any possible further liability for the City in any manner related to Mr. Sandau's employment and brings an end to mounting litigation fees and costs associated with the three separate and ongoing disputes.
Since the new City administration came on board in 2017, the Human Resources Department has implemented policies and procedures that align with HR industry best practices as well as risk management. For example, the new tuition reimbursement policy allows the City to support investing in the professional development of its employees in a fiscally respon...
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