06-07-22 City Council Agenda Addendum - Item 3D8 - PERA Settlement Agreement221631v6
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT ("Agreement") is entered into by and between
Jeffrey Johnson ("Johnson"), , and the
City of Golden Valley, a Minnesota municipal corporation, 7800 Golden Valley Road, Golden
Valley, MN 55427 (the “City’) (Johnson and City are collectively referred to as the “Parties”).
WHEREAS, Johnson retired from employment with the City’s Police Department on
September 1, 2020; and
WHEREAS, Johnson applied with the Public Employees Retirement Association
(“PERA”) for continuing health insurance coverage pursuant to Minn. Stat. §299A.465; and
WHEREAS, by letter dated May 21, 2021, PERA determined that Johnson was entitled to
continuing health insurance coverage (“PERA determination”); and
WHEREAS, the City appealed the PERA Determination to the Office of Administrative
Hearings in a case entitled City of Golden Valley, Petitioner v. Jeffrey D. Johnson and Public
Employees Retirement Association of Minnesota, OAH File No. 22-3600-37707 (“Matter”); and
WHEREAS, the Parties mediated this Matter on April 27, 2022, and reached a resolution;
and
WHEREAS, the Parties mutually desire to settle current claims and to resolve any future
claims or conflicts in accordance with the results of the April 27, 2022 mediation as memorialized
herein.
NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement, the relinquishment of certain legal rights, and other valuable consideration, the
sufficiency of which is acknowledged, the parties agree as follows:
1. Complete Settlement. The Parties agree to settle the Matter on a full, final, and complete
basis.
2. Continued Health Insurance Coverage. Johnson shall receive a lump sum of $35,000.00.
This will resolve all claims for continued healthcare coverage on a full, final, and complete
basis. It is hereby expressly understood and agreed to by the Parties that payment of this
amount shall be a full and complete settlement of all claims that Johnson has related to the
Matter and Johnson is not entitled to continuing health insurance coverage, attorneys’ fees,
expert fees and any other costs or claims related to the Matter. This amount will be paid to
Meshbesher & Spence, 1616 Park Avenue South, Minneapolis, MN 55404.
3. Release of Claims. Johnson releases the City of Golden Valley of all claims deriving from
his employment with the City, including the claim for continuing health insurance coverage
under Minn. Stat. §299A.465. Johnson hereby fully and completely releases, acquits, and
forever discharges the City, and its current and former officers, its current and former
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employees, and its current and former city officials, agents, representatives, insurers,
attorneys, and other affiliates from any and all liability for any and all damages, actions, or
claims, regardless of whether they are known or unknown, direct or indirect, asserted or
unasserted, that arise out of or relate to Johnson’s employment with the City. Johnson
understands and agrees that by signing this Agreement, Johnson is waiving and releasing
any and all claims, complaints, causes of action, and demands of any kind that are based
on or arise under his employment with the City which may include federal or state law,
including but not limited to the federal constitution, the state constitution, and any federal
or state statute, regulation, rule, or common law.
4. No Admission of Wrongdoing. Nothing in this Agreement may be construed to be an
admission of liability or wrongdoing by, against, or on behalf of the City or Johnson. Any
form of wrongdoing or liability is expressly denied.
5. Entire Agreement. This Agreement constitutes the entire agreement between the parties
relating to the settlement of the Matter. No party has relied upon any statements, promises,
or representations that are not stated in this document. No changes to this Agreement are
valid unless they are in writing and signed by all parties. A copy of this Agreement will
have the same legal effect as the original.
6. Binding Agreement. The terms of this Settlement Agreement shall be binding upon and
be enforceable against and shall inure to the benefit of the Parties hereto jointly and
severally and their heirs, successors, personal representatives, and assigns of each. In
entering this Settlement Agreement, the Parties each represent that they have relied upon
the advice of their attorney, who is the attorney of their own choice, concerning the legal
consequences of this Settlement Agreement.
7. Counterparts. This Agreement may be signed in any number of counterparts, each of
which shall be considered one and the same instrument.
8. Choice of Law, Forum and Severability. This Agreement is governed by the laws of the
State of Minnesota regardless of Employee's domicile or status as a resident of Minnesota
or any other state. The parties agree that the Minnesota state and federal courts will have
exclusive jurisdiction over any dispute arising out of this Agreement. If a court determines
that any part of this Agreement is unlawful or unenforceable, the remaining portions of the
Agreement will remain in full force and effect.
9. Attorneys Fees and Costs. The Parties shall bear their own attorney fees and costs through
the date of this agreement.
[Signature page follows.]
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Dated: ________________, 2022 JEFFREY JOHNSON
___________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of
_______________, 2022, by Jeffrey Johnson, the individual named in the foregoing Settlement
Agreement.
_____________________________________
Notary Public
Dated: ________________, 2022 CITY OF GOLDEN VALLEY
By:_______________________________
Shepard Harris, Mayor
(SEAL)
And:_______________________________
Timothy Cruikshank, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of
_______________, 2022, by Shepard Harris and Timothy Cruikshank, respectively the Mayor
and City Manager of the City of Golden Valley, a Minnesota municipal corporation, on behalf of
the corporation and pursuant to the authority granted by its City Council.
_____________________________________
Notary Public