City of Banning's $300,000 Settlement with Former PD Chief Purvis: The Fine Print

Here's some of the fine print from the City of Banning's $300,000 settlement with former Chief of Police Leonard Purvis, signed by Purvis on Nov. 6, and distributed by a city spokesman on Monday Dec. 23:

I. Recitals

A. Whereas, Purvis was employed by the City of Banning on or about March 17, 2005 as Deputy Police Chief;

B. Whereas, Purvis was subsequently promoted and employed as Police Chief pursuant to that certain City of Banning Employment Agreement with Police Chief effective September 2, 2007 through June 30, 2012 (hereinafter the "Original Contract," which term was automatically renewed by its own terms for an additional 12 months to June 30, 2013;

C. Whereas, the City and Purvis entered into a successor City of Banning Employment Agreement for the Position of Police Chief made effective April 23, 2013 and entered into for an indefinite period (hereinafter the "Successor Contract"), which expressly superseded the Original Contract;

D. Whereas, on or about July 1, 2013, Purvis filed a government claims act Claim for Money or Damages against the City (hereinafter "Gov't Claim") and the City having rejected same by operation of law;

E. Whereas, on or about August 29, 2013, Purvis filed a complaint with the Department of Fair Employment and Housing ("DFEH") against the City, alleging that he was harrassed, discriminated and retaliated against (hereinafter the "DFEH Complaint") and, on or about August 29, 2013, the DFEH issued Purvis a right-to-sue notice;

F. Whereas, on October 4, 2013, the Parties engaged in a mediation regarding Purvis's claims and the Parties entered into and agreed to a Stipulation for Settlement dated October 4, 2013;

G. Whereas, the purpose of this Agreement is to settle and compromise all disputes and controversies existing between the City on the one hand, and Purvis on the other, including, but not limited to, the Original Contract, the Successor Contract, the Gov't Claim, the DFEH complaint, and any other "claims" by Purvis, including but not limited to all claims arising out of or in any way related to Purvis's employment with the City, and/or all claims arising from any other facts or causes existing prior to the execution date of this Agreement, whether known or unknown, without limitation, and, those described in more detail hereafter.

Now therefore, and in consideration for the promises contained herein, the Parties agree as follows:

A. This Agreement shall not in any way be construed as an admission by the City or Purvis of any unlawful or wrongful acts or other liability whatsoever against each other or against any other person or entity. The City and Purvis specifically disclaim any liability to, or any wrongful acts against each other, or against any other person or entity, on the part of themselves, any related person or any related predecessor corporation or its or their agents, representatives or successors in interest and assigns.

II. Disposition of Claims

(About three pages of legal language are followed by:)

H. The Parties agree that upon execution of the Agreement and following the seven calendar day revocation period, the City and Purvis shall perform the following acts:

1. Purvis shall be entitled to the sum of three-hundred thousand dollars and no cents ($300,000.00) (the "Settlement Proceeds") to be paid as directed below:

a. The Settlement Proceeds shall be issued in two separate checks as follows:

i. One-hundred sixty-six thousand dollars and no cents ($166,000.00) from the City made payable to Purvis as severance, representing the amount equal to Purvis' monthly salary multiplied by twelve, excluding deferred compensation or the value of any other benefits, to be reported on a W-2 and subject to normal and appropriate federal and state withholding taxes pursuant to law; and

ii. One-hundred thirty-four thousand dollars and no cents ($134,000.00) from the Employment Risk Management Authority (hereinafter "ERMA") made payable to Purvis's counsel Goldberg & Gage's client trust account as damages for alleged injuries and attorneys' fees, to be reported on Form 1099. Form W-9s shall be provided by both the law firm Goldberg & Gage and Purvis prior to delivery of the funds.

The Settlement Agreement and General Release was signed by Purvis, City Manager Andy Takata, and Bradley Gage, Goldberg & Gage, Attorney for Purvis, on Nov. 6. It was signed by Melanie M. Poturica, Liebert Cassidy Whitmore, Attorney for the City of Banning, on Nov. 22.

To read the full 10-page settlement click here.

For background see these Patch reports:

Banning Police Chief Files $250,000 Claim Against City

UPDATE: Banning Police Have No Chief, Purvis on Voluntary Paid Leave

Purvis Rehired by Riverside County Sheriff's Department