Tuesday, September 13, 2016

"ONE MILLION LAWYERS" tom paxton (PART I)



Lawyers around every bend in the road.
Lawyers in every tree


Well about Mr. Carson's  contract.

More about what it doesn't say then what is written.

First off who is Jeremy D. Losue, Esq. Is he Mr.  Carson attorney or Painesville' City's?

Within the timeframes specified below, the City will cause to be delivered to Carson, settlement proceeds representing three (3) months' salary, and the same being in compromise and settlement and completion of Carson's employment with the city and the A setting forth the term of his employment, and any and all legal and equitable   claims he may have arising out of or any way related to his employment with the City and/or releases or the termination thereof. Said proceeds to be paid and apportioned as follows;

Now Mr. Carson received an annual salary of ($122,200.00)
Plus, The Employer agrees to provide health, hospitalization, surgical, vision, dental and comprehensive medical insurance for the Employee and his dependents equal to that which is provided to all other employees of the Employer.
Automobile is provided at the Employer's cost
Retirement The Employer pays 100% no employee contribution.
General Business  Expenses (paid membership's)
Technology computer, software, fax/modem, and a cell phone.
Travel ($2000.00) dealing with the City.


Now it gets interesting;

Section 1: TERM

The term of this agreement shall be for an initial period of three (3) years from July 1, 2013 to June 30, 2016. This agreement will automatically be renewed on its anniversary date for a one  (1) year term unless notice that the Agreement shall terminate is given at least six (6) months before the expiration date. In the event the Agreement is not renewed, all compensation, benefits  and requirements of the Agreement shall remain in effect until expiration of the term of the Agreement unless Employee voluntarily resigns.

Section 5: VACATION, SICK AND MILITARY LEAVE

A. Upon commencing employment, the Employee shall be credited with sick and vacation leave equal to the highest annual accrual provided to all other employees.
The Employee shall then accrue sick and vacation leave on an annual basis at the highest rate provided to any other employees.

B. The Employee is entitled to accrue all unused leave, without limit, and in the event the Employee's employment is terminated, either voluntary or involuntary, the Employee shall be compensated for all accrued vacation time, all paid holidays, sick leave, and other benefits to date.

Section 10: TERMINATION

1. The majority of the governing body votes to terminate the Employee at a duly authorized public meeting.

4. If the employee resigns following an offer to accept resignation, whether formal or informal, by the Employer as representative of the majority of the governing body that the Employee resign, then the Employee may declare a termination as of the date of the suggestion.  

Section 11: SEVERANCE

Severance shall be paid to the Employee when employment is terminated as defined in Section 10. If the Employee is terminated, the Employer shall provide a severance payment no less then that amount equal to three (3) month salary at the current rate of pay. The severance shall be paid in lump sum unless agreed to by the Employer and Employee. The Employee shall also be compensated for all accrued sick leave, vacation time, all paid holidays, and executive leave.
If the Employee is terminated because of a conviction of a felony, then the Employer is not obligated to pay severance under this section.

Section 12:  RESIGNATION

In the event that the Employee voluntarily resigns his position with the Employer, the Employee shall provide a minimum of 60 days notice unless the parties agree otherwise.


Prior to any communication to any media outlets or other City stakeholders, the City and Carson will prepare a mutually agreeable press release and cause same to be delivered to the usual and customary media outlets utilized the City or otherwise agreed to by the Parties. In order to effectuate the transition, members of council and the Acting City Manager may meet with certain City employees. Further, should Carson seek future employment with another entity, and such entity contacts the City for a reference, the City will provide a neutral reference including only dates of employment and position held.


So far what can we conclude? Well it doesn't seem to make much of a difference if he was fired or resigned?  He end's up with al the goodies anyway.?It appears as if Carson had the City by the short-hair's. Must have a great attorney? Where is Mr. Gurley in all this?

5 Comments:

At September 13, 2016 at 3:25 PM , Anonymous Anonymous said...

That'd be Jeremy Iosue, with an I, not an L. He's Painesville's attorney according to a Google search.

 
At September 13, 2016 at 3:32 PM , Blogger Sandy Miller said...

apparently Mr Carson had hired the same law firm that wrote the AMP Ohio contract! unbelievable......... and depressing as a taxpayer.

 
At September 13, 2016 at 10:28 PM , Anonymous Anonymous said...

Yet people complain about workers with union representation? The pendulum needs to swing back a little.

 
At September 14, 2016 at 8:00 AM , Anonymous TERM>> said...

3:25 I stand corrected it's an I
3:22As crazy as it might sound Iosue represented the City?

also being a labor attorney for the City of Painesville I wonder if he's the person that recommends fighting unemployment for terminated city employee's?
10:28 All I have heard this election season is the working man has no lobbyists or anyone looking out for them. Well there was a time when unions held much sway with Politian's from both sides of the aisle. But starting in the late 70's unions like Teamster, AFL-CIO were demonized by Republicans. " You don't need unions anymore" was the cry. So my question how has that worked out for you the past 30+ years? Strong unions represent worker's union or non-union. How many times have I heard "We don't need a union, our employer treats us fairly." The reason was that unions were setting wage and conditions for everyone. So now I guess a supposed 10 billion dollar man will start looking out for you now? Odd he has only a poor record to show?

 
At September 21, 2016 at 6:08 AM , Anonymous Anonymous said...

Willoughby Hills the new Painesville. Mayor vs Manager. Same problems either way. Council, if this gentleman applies here for CM; run the other way.

 

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