Rita Rodriguez v. City of El Paso: Settlement and Release Agreement
Background: The City Council recently approved a substantial award for damages for an ex-employee of the City of El Paso. On November 17, 2004, Rita Rodriguez filed a claim against the City of El Paso alleging that she was terminated because of her age. [original petition] Rodriguez, who was employed as a City Attorney, was asked by Mayor Joe Wardy to resign in June of 2003, and claimed she was not given a suitable explanation. A subsequent petition specified damages of $938,772.00. [amended original petition] In a past article, Newspaper Tree presented the full documents related to this case. [article]
The above settlement and release agreement, executed on October 24, shows that the City of El Paso will pay Ms. Rodirguez $500,000 in order for her release of all claims. The first payment of $200,000 was to be made by the City on or before October 14, 2005, and the second payment of $300,000 will be made by the City’s insurance provider, AIG, on or before November 17, 2005. City Council approved this settlement in executive session on September 27, 2005, with a 3-1 vote. Representatives Byrd, Lozano, and Presi Ortega voted aye, Rep. Castro voted nay, Rep. Steve Ortega abstained because he was not present for deliberations, and Representatives Lilly and Holguin were not present for the vote. Rep. O’Rourke was excused from the meeting. [minutes]
These “hidden employment costs” can be quite significant, as evidenced by another age discrimination case brought by Emma Acosta, former Director of Solid Waste, whose confidentiality agreement with the City of El Paso entitles her to a gross annual retirement benefit of $90,000.00. [matters of confidentiality]
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