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Legislation #: 061016 Introduction Date: 9/14/2006
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER EDDY
Title: Approving and authorizing settlement of claims arising out of the mandatory retirement of Honorable Marcia K. Walsh.

Legislation History
DateMinutesDescription
9/15/2006 Filed by the Clerk's office
9/14/2006 Referred to Finance and Audit Committee
9/20/2006 Advance and Do Pass as a Committee Substitute, Debate
9/21/2006 Passed as Substituted

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061016.pdf Authenticated 112K Authenticated

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 061016

 

Approving and authorizing settlement of claims arising out of the mandatory retirement of Honorable Marcia K. Walsh.

 

WHEREAS, the Citys Charter provides that its judges of the Kansas City Municipal Division retire upon attaining the age of sixty-five years; and

 

WHEREAS, in the election of August 2006, Question No. 3 proposed amending the Charter by increasing the mandatory retirement age for the judges of the Kansas City Municipal Division to seventy years of age, but Question No. 3 failed to pass; and

 

WHEREAS, the Honorable Marcia K. Walsh attained the age of sixty five years in December 2005, but continued to serve as the Municipal Court Judge for Division 205 of the Kansas City Municipal Division because she believed that the mandatory retirement age violated her rights under certain provisions of federal and state law; and

 

WHEREAS, the Honorable Marcia K. Walsh retired effective August 31, 2006 without first resolving her claims that the mandatory retirement age violated her rights under certain federal and state laws; and

 

WHEREAS, at the time of her retirement the Honorable Marcia K. Walsh had seventy-five days of unused, accrued leave equaling the sum of $40,048.85 for which she had not been paid; and

 

WHEREAS, the City recognizes the distinguished service the Honorable Marcia K. Walsh provided as the Citys first female municipal court judge through the time of her retirement, NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the payment of the sum of $40,048.85 in settlement of all claims of the Honorable Marcia K. Walsh arising out of her mandatory retirement, as recommended by the City Attorney, is hereby approved.

 

Section 2. That the Honorable Marcia K. Walsh is to receive creditable service for purposes of the computation of her pension benefits for her service through August 31, 2006 and her pension annuity is to be computed in accordance with Section 2-1332(c), Code of Ordinances, and that computation shall include the salary increase received in May 2006.

 

Section 3. That the Municipal Court Administrator and the Payroll Administrator are hereby authorized to pay the sum of $40,048.85 as unused, accrued leave and in settlement of this lawsuit from funds heretofore appropriated in Account No. 07-1000-272000.

 

_____________________________________________

 

I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

 

 

___________________________________

Debra R. Hinsvark

Director of Finance

 

Approved as to form and legality:

 

 

___________________________________

Galen Beaufort

City Attorney