Duane Wiles Settlement Agreement with Caltrans

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-e r ! ! ! l : i l J.a STATE~ . PE RS ON NE L'-' BOARD801 Capito! Mali Sacramento, CA 95314 ! 866-844-8671 I www.spb.ca.qov Governor Edmund G, Erown Jr,

Duane Wilesv.California TransportationCase No, 11-2.32.3

In the Matter of the Appeal by

DECISION APPROVINGSTIPULATION FOR SETTLEMENT

Appeal from Dismissal

WHEREAS, the Board has considered the stipulation for settlement submitted by the partiesin the above matter; and,WHEREAS, the parties have represented either through their signatures (or the signatures of

their representatives) on a stipulation for settlement, or before an Administrative Law Judge whohas incorporated the parties' stipulation for settlement into a Proposed Decision, their desire tosettle the appeal pending before the Board; and,WHEREAS, the Board is therefore satisfied that the parties have vol.untarlly agreed to thedisposition of the matter pending before the Board as set forth in the settlement; and,WHEREAS, the Board also finds that the settlement is consistent with the interests protected

by the State's merit civil service system as defined in Article VII of the California Constitution andthe State Civil Service Act (Government Code section 18500 et seq,); and,

WHEREAS, in approving the settlement, the Board expresses no opinion as to whether theterms of the settlement are otherwise reasonable under all the circumstances of the case;

IT IS RESOLVED that pursuant to the authority as set forth in Government Code section18681, and in accordance with the Board's precedential decision Pamela Martin (1991) SPB Dec,No, 91-03, the State Personnel Board adopts the stipulation for settlement as its decision in thecase,

DATED: January 23,2012

Chian HeExecutive Officer/(Oelegate)State Personnel Board
http://www.spb.ca.qov/http://www.spb.ca.qov/


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8 !From Dismissal

19 1. Department of Transportation (hereinafter "Respondent") agrees to and hereby does withdraw

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STATE PERSONNEL BOARDSTATE OF CALIFORNIA

In the Matter of the Appeal of SPB Case No. 11-2323STIPULATED SETTLEMENT AGREEMENT

6 DUANE WILES

WHEREAS THE PARTIES TO THE MATTER HEREIN now pending desire to avoid theexpense, inconvenience and uncertainty attendant upon possible litigation of an appeal before the StatePersonnel Board, and

WHEREAS the parties to the matter herein have agreed upon a settlement of the matter indispute between them and now desire to submit to the State Personnel Board, pursuant to section 18681of the Government Code, this stipulation for the Board's approval and adoption as its final disposition 0the matter herein,

NOW, THEREFORE, THE PARTIES DO STIPULATE AS FOLLOWS:

the Notice of Adverse Action addressed to Duane Wiles (hereinafter "Appellant") and dated effectivethe close of business on November 18,2011, and further agrees not to take the action of Dismissal asspecified in said Notice.2. Appellant agrees to and hereby retires from employment with Respondent at the close ofbusiness on November 8, 2011. Appellant waives all backpay and benefits associated with the termsof this Stipulated Settlement Agreement. After Appellant applies for and completes the California

Duane WilesSPB Case No. 11-2323Stipulated Settlement Agreement


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6. Both parties agree that by signing this agreement neither party admits any liability in the matte

Public Employees' Retirement System (CaIPers) retirement paperwork, and that paperwork is2 transmitted to Respondent, Respondent agrees to complete its part of the paperwork immediately and

3 transmit the paperwork back to CalPers.4 3. Appellant agrees to and hereby does withdraw any and all appeals he and/or his representative5 have made to the State Personnel Board of the adverse action the Notice of which is cited in paragraph 16 above. Appellant further agrees not to file or make any appeal to the State Personnel Board of th7 adverse action, Notice of which is described in paragraph 1 above, at any date in the future.89 4. Appellant agrees not to seek or accept employment with the State of California at any time in th

10 future.11 5. Respondent agrees to remove from Appellant's official personnel file the Notice of Advers12 Action addressed to Appellant and dated effective at the close of business on November 18, 2011, a13 well as all materials related to that Notice, including any materials related to disbarment, and to do so14 promptly upon approval of this agreement by the State Personnel Board. Respondent further agrees t15

16not file in Appellant's official personnel file at any time either this agreement or a copy thereof.

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18 settled hereby.19 7. Appellant agrees not to initiate, in any court or forum whatsoever, any grievance, discriminatio20 complaint, appeal, legal action, or administrative proceeding against Respondent or ally of Respondent'21 officers, agents or employees, which grievance, discrimination complaint, appeal, legal action, 022

23administrative proceeding involves the adverse action cited in paragraph 1 of this stipulation, or he

24employment with Caltrans up through and including the date this stipulated agreement is approved b

25 the SPB, excluding a claim for Workers' Compensation benefits.26

27Duane WilesSPB Case No. 11-2323Stipulated Settlement Agreement

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8. Further, Appellant agrees to promptly withdraw, from any court or forum whatsoever, an2 grievance, discrimination complaint, appeal, legal action, or administrative proceeding heretofor3 initiated involving Respondent or any of Respondent's officers, agents or employees, which involves th4 adverse action cited in paragraph 1 above, or her employment with Caltrans up through and includin5 the date this stipulated settlement agreement is approved by the SPB, excluding a claim for Workers'6 Compensation benefits.7 9. Appellant agrees that he enters into this agreement freely and voluntarily,' by and with the advic8

9 of his representative whose signature appears below, and hereby waives any right of appeal which h10 may now have or may hereafter acquire arising out of or by reason of the dispute settled herein.11 10. Appellant agrees that this is a full and final settlement and release of all known and unknow12 disputes, claims and injuries, debts and damages related to Appellant's employment with Respondent13 excluding any claim for Workers' Compensation benefits. Having consulted with counsel, or havin14 had the opportunity to do so, Appellant expressly waives and relinquishes any and all rights and benefit15

16Appellant now has or in the future may have under the provisions of the California Civil Code, Sectior

17 1542, which section provides as follows:18 A general release does not extend to claims which the creditor does not know or suspectto exist in his/her favor at the time of executing the release, which if mown by him/hermust have materially affected hislher settlement with the debtor920 Appellant being aware of said Civil Code section, hereby expressly waives any rights Appellant ma21 have thereunder, as well as under any other statutes or common law principles of similar effect, witl22

23respect to claims for damage against the State of California, Respondent, or any of Respondent'

24 officers, agents or employees, resulting from the dispute settled herein, excluding any claim for25 Workers' Compensation benefits.26 11. It is agreed by all parties to this agreement that the terms set forth herein shall be null and void27



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and not binding on the parties if not approved by the State Personnel Board.

2 12. The parties agree to abide by the terms of this agreement until adoption by the State Personnel

3 Board.4

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//;;. C\ / ~\ / , C;Zo /??La .{?---Dai'? /

67 Duane Wiles, Appellant8

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Fe1ix D e La Tbrre, Assistant Chief CounselIS'ervice Employees International UnionAttorney for Appellant

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Cheryl McNlJ. ty:/ 1 (Administrative ~visor IIRepiesentative'for Respondent

Philip Stolarski, P .E.Deputy Division ChiefRepresentative for Respondent


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Duane Wiles Settlement Agreement with Caltrans

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