KIMBALL TOWNSHIP BOARD OF TRUSTEES
2160 WADHAMS ROAD, KIMBALL, MI 48074
MAY 26, 2021
Usakowski opened the meeting at 6:30 p.m. with the Pledge of Allegiance.
ROLL CALL OF OFFICERS: Usakowski, Jackson, Wrubel, Sturdevant, Hoffman and Ward.
ALSO PRESENT: Greg Stremers, Township Attorney.
APPROVAL OF AGENDA
Sturdevant motioned to approve the agenda as presented supported by Wrubel.
Usakowski explained that they are trying to settle the case rather going into the full arbitration. If we continued on with the arbitration it would take probably two full days of testimony and the cost of the arbitrator which would cost somewhere between $4,000 to $5,000. We would save some of those costs, probably not all of them, by settling.
Greg Stremers: We do have this set for trial on Tuesday and Wednesday of next week. I have 11 witnesses and I expect to call nine of them. If we don’t finish this in two days it could go longer at an addition cost. The grievance attorney has called four witnesses although they can cross exam some of our witnesses and it could be a long ordeal. We have submitted our pre-hearing summaries and they have submitted their pre-hearing summaries. After the hearing the arbitrator has asked for a post-summary hearing which will cost for that also. The union attorney has asked for a transcript to be made so we will have a court reporter here. If we have to order that transcript, which is possible then we would have an addition cost. I got a call late Monday but couldn’t get back to them until Tuesday and they made an offer of $10,000 to settle this. The terms to this would be that he wouldn’t come back to work and would not continue with the arbitration. It would end this matter for good.
If they were to win they could go all the way back to July 9, 2020 for back wages and reinstatement. I feel very good about our case but you never know. My recommendation is to settle this case. I just need to know a number to go back to them with. We had some discussion back and forth with the amount of $7,500 that came up several times. They did finally give me a solid number that I can work with and I had to come back to the board to make a decision.
Usakowski: I know that most of us don’t want to settle but at the same time for the sake of certainty and for the sake of our staff I think that it would best to come up to some kind of settlement to be done with this thing. What that amount is I don’t know. Obviously they came back at $10,000 and I don’t know how everyone else feels or if they feel like settling or if they want to move forward.
Wrubel questioned Stremers about the $14,842.00 that we paid out to unemployment for him and the $14,400 through the CARES ACT that he received and then he also received an additional amount of $3,300 on his unemployment. This all totals out to $32,542.00 that he’s already received. If he receives any money from us does he have to pay back the unemployment?
Stremers explained that that is outside of this arbitration.
Usakowski explained that the staff we have right now work well together and it would be a complete disruption to our staff to have somebody come back after being off this long. I would also recommend that we settle. Are they set on $10,000 or is there any flexibility?
Sturdevant agreed to do the settlement.
Jackson also agreed to do the settlement.
Ward also agreed to do the settlement.
Usakowski motioned to agree on a settlement of $10,000.00 supported by Jackson.
ROLL CALL VOTE: YES: Usakowski, Jackson, Wrubel, Sturdevant, Hoffman and Ward. NO: None. ABSENT: Deland. (6-0-1) Motion Carried.
Sturdevant motioned to have our supervisor Rob Usakowski sign the settlement documents supported by Ward. Motion Carried.
Sturdevant motioned to adjourn the meeting at 7:47 p.m. supported by Ward.
Meeting adjourned at 7:47 p.m.
Submitted by Becky Wrubel, Clerk