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Resolution 1261A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, TO MEDIATE A PERSONNEL DISPUTE BETWEEN THE CITY OF EDMONDS AND A CITY EMPLOYEE WITH WHOM HE HAD A PERSONAL, POLITICAL AND PROFESSIONAL RELATIONSHIP, 2) WITHOUT COUNCIL DELEGATION MEDIATING A CONTRACT OBLIGATING THE CITY OF EDMONDS TO PAY HIS PERSONAL, YEAR OF HEALTH INSURANCE, AND 3) MISLEADING THE RESIDENTS OF EDMONDS BY CONCEALING HIS ROLE IN THE MATTER. Whereas, Councilman DJ Wilson has a personal, political, and professional relationship with Kimberly Cole, an aide to the Mayor of the City of Edmonds; Whereas, Kimberly Cole has recently asserted that she has claims against the City of Edmonds Whereas, a document entitled CR2.A Agreement attached hereto as Exhibit A was signed by Everett Herald reporter Bill wrote on Qctober~�`�` thatCouncilman D.J. Wilson said he was asked by Cooper and Cole to mediate the settlement agreement to reduce the chances ofthe city being sued"; Whereas, Everett Herald reporter `Bill Sheets — quoted ~_Councilman 'DJ Wilson cm'October 6au saying "Getting the opportunity to help limit the city's liability was in everyone's best interest"; City—�`cf'Edmonds for the following- - reasons: 1\it obligated the city to pay his personal, political, and professional friend Kimberly Cole $65,000 and the full cost of health care benefits for a one-year period; 2) it provided that "all rights to a future legal remedy for claims against the city of Edmonds are reserved by Kirnber|yCo|e," and thereby obtained for the City of Edmonds no benefit; and 3) it provided that the City would "not ... contest any application for unemployment benefits by Kimberly Cole." agreement resolving any employment disputes with any city employees; Settlement mediated by Councilman Di Wilson between the City of Edmonds and Kimberly Cole because it had not been properly authorized by the City Council; Whereas, at this same City Council meeting Councilman DJ Wilson publically announced — prior to voting to repudiate the agreement he had mediated — only that he had a personal, political and professional relationship with Ms. Cole but that relationship did not in any way cloud his judgment, Whereas, prior to voting on the motion Councilman DJ Wilson failed to inform the City Council and the public that he had mediated an agreement between Mayor Cooper and Kimberly Cole; Whereas, Councilman DJ Wilson failed to disclose his involvement in the matter and thereby deceived and misled the people of Edmonds while intentionally concealing his role, Whereas, Councilman DJWilson has not yet voluntarily recDoed hinnseU, from [mund| deliberations and decisions surrounding the dispute between the [hY of Edmonds and his personal, political and professional colleague, Kimberly Cole; Whereas, on October 20, 2011, fifteen former City Of Edmonds officials wrote that they were "concerned about the current dysfunction apparent in both the legislative and administrative activities in our city" and that "It is important that they understand and observe the separation of power between the mayor and the council while performing their respective obligations." Whereas, the actions of Councilman CU Wilson have exposed the City of Edmonds to greater --financial risk than ifhehad not become involved, and Whereas, the City Council finds that actions and comments of Councilman CU Wilson have brought disrepute to the City Council; and 1. Councilman [U Wilson ishereby censured for attempting tomediate a separation agreement without first obtaining authority from the City Council todo so, 2. Councilman CU Wilson is hereby censured for participating in a course of conduct directly resulting in an agreement obligating the city of Edmonds to pay$65,DOD and health insurance premiums to a person with vvhdnn he has a personal, professional and political relationship and providing nothing ofvalue tothe City ofEdmonds inreturn. 3. Councilman DJ Wilson is hereby censured for failing tV reveal his nz|e in mediating a settlement agreement between the City of Edmonds and 0m Cole prior tovoting on whether to nullify the agreement. 4. Councilman DJ Wilson ishereby censured for violating the public trust byacting as a mediator in a dispute involving the City of Edmonds and a person with vVhor0 he has a personal, political, and professional relationship and by concealing his role asmediator between Kimberly Cole and the City of Edmonds when called upon to disclose it during a public meeting of the Edmonds City x Council. 5. Council members are reminded that in order to avoid future incidents like this, no member of the Edmonds City Council should attempt to negotiate resolution of disputes or separation agreements between the City of Edmonds and employees of the city of Edmonds who are their personal, political, or professional colleagues. 6. The City Council recommends the City Council President remove Councilman DJ Wilson from all committee assignments for a period of 60 days. 7. Notice of this Resolution of Censure shall be sent to all media outlets to whom the City of Edmonds sends official notices of public hearing. 8. Notice of this Resolution of Censure shall be posted for a period of sixty days on the public notice bulletin board outside city hall. RESOLVED this 1$' day of November, 2011. STROM PETERSON, e6UN'CIL PRESIDENT FILED WITH THE CITY CLERK, 11/01/20 PASSED BY THE CITY COUNCIL' 11/01/20 9,ESOLUTION NO. 1261 n The parties signed hereunder agree tmthe following: r. The two parties will agree onthe separation of Kimberly Cole from the City of Edmonds effective upon signed. 2. Neither party agrees to speak to the press regarding any matter related to her employment at 3. Within 30 days of separation, the City of Edmonds will compensate Kimberly Cole $65,000 in a one-time lump sum payment. The City of Edmonds will be responsible forthe costs associated with a continuation of the current level of health care benefits to Ms. Cole for a period of 12 months from the date of this agreement. 4, Kimberly Cole will be allowed 30 minutes to clean but her office with the appropriate supervision in place, and will be escorted at all times while on City of Edmonds premises. 5. All rights to a future legal remedy for claims against the City of Edmonds are reserved by Kimberly C |e. 6. The City ~ cfEdmonds agrees not to contest any application for unemployment benefits by 7. The parties agree to release the following statement to the City of Edmonds staff: longer employed by the City of Edmonds." 8. The City of Edmonds commits to complete the current workload assigned to Kimberly Cole in a timely manner, and will produce a memorandum explaining the reasons for any lack of timely work product completion and not a function of Kimberly Cole's work performance� For Kimberly Cole Date For the +01tyf Edmonds Date