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MEMORANDUM TO: Cass County Commissioners State's Attorney FROM: Birch P. Burdick Assistant State's Attorneys: Mark R. Boening Tracy J. Peters Leah Viste Reid A. Brady Kara Schmitz Olson Gary E. Euren Gary D. Delorme Kimberlee J. Hegvik Cherie L. Clark Tristan J, Vande Streek Ryan J. Younggren Renata Selzer Tanya Johnson Martinez VictimlWitness Coordinators: Brenda Olson- Wray Debbie Tibiatowski Check Division/ Restitution: Linda Workin Charlotte Eversvik Birch P. Burdick Cass County State's Attorney DATE: March 17, 2008 RE: Proposed Resolution of Disputed Employment Claim ********************* I ask that this matter be added to the Commission's agenda. Cass County Social Services (CCSS) terminated an employee (RG) in latter 2007. The employee appealed the termination to the State human resources agency claiming wrongful discharge under the merit system and an ancillary issue relating to reasonable accommodation. As is the normal course of such a claim, the agency retained an administrative law judge to hear the appeal. The hearing in that matter was scheduled for March 19 and 20, 2008. For Cass County, the hearing would have involved several people within CCSS and the County Administrator (in her role as Personnel Department Head) as witnesses, as well as the State's Attorney as counsel. Cass County Social Services fully contested the employee's claim. However, in any hearing or trial, there is always the possibility of some measure of risk. Furthermore, in administrative hearings such as these, the employing agency (CCSS) is normally responsible for paying the costs of the administrative hearing and judge. The employee, represented by counsel, offered to settle the matter for approximately $4,500. In an effort to resolve the matter at what essentially might otherwise be the approximate cost of the hearing/judge to CCSS, and after consulting with various people within Cass County government, the employee's counsel and I arrived at a proposed resolution for $3,000. The related funds will likely come from CCSS's budget for salary/benefits. I request the Commission's approval of the following motion to formally and finally resolve the matter. Box 2806 211 Ninth Street South . '. Fargo, North Dakota 58108 Suggested M~tlon: Appro~e the resolution ofthe terminated CCSS's employee's disputed claim for $3,000, and authorize the State's Attorney to prepare and sign all related documentation on behalf of PH: 701-241-5850 Cass County Government to resolve the matter and to release Cass Fax: 701-241-5838 County Government and it employees from any and all related claims.