MINUTES - Executive - 12/16/2004 662 CITY OF SALEMC
DECEMBER 16, 2004
EXECUTIVE SESSION
A Regular Meeting of the City Council was held in the Council Chamber
on Thursday, December 16, 2004 at 7.00 P.M. for the purpose of transacting any
and all business, at which time, the City Council, by recorded roll call vote, went
into Executive Session with Attorney Kevin Daly to discuss a potential settlement.
Notice of this meeting was posted on December 9, 2004 at 5.39 P.M.
All Councillors were present.
President Leonard F. O'Leary presided.
President O'Leary turned the Executive Session over to Attorney Daley to
address the Council regarding the matter of a settlement.
Attorney Daly stated Stanley Worsnewski of Abbott Street was hit by a car at St.
Joseph's. He has $51,000.00 in medical bills and is about to settle with the
woman who hit him for $100,000.00. He has no lawyer. If he had a lawyer he
would be obliged to pay back to the City $34,000.00. He's getting weekly checks
from the City's Workers Comp.
Out of$100,000.00, we'll get $35,000.00 and settle the worker's comp for $1.00.
Councillor O'Keefe asked what does our Solicitor say? Can we act without him?
Attorney Daly stated that a judge has to approve.
Councillor O'Leary asked why Mr. Worsnewski can't keep the $35,000.00?
Attorney Daly stated that the City has to sign off or he can't settle with the
woman.
Councillor Bencal asked if the offer was proposed by Mr. Worsnewski's
daughter?
Attorney Daly responded yes.
The matter was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Bencal moved immediate reconsideration in the hopes it would not
prevail. Reconsideration was denied.
CITY OF SALEMC 663
DECEMBER 16, 2004
EXECUTIVE SESSION
The next matter of settlement regarding John Hagan.
Attorney Daly report that John Hagan who works for the School Department in
August of 2003 tore his shoulder coming down from a ladder. He had surgery in
2004 and the School Department thought he was working on the side.
His doctors says he needs more surgery. Our doctors say surgery is not needed
only an MRI and shot are all that's needed. He has a new attorney and agrees to
the $15,000.00 settlement. He has another case over a knee injury. We'll stop
paying him his $565.00 a week, in the long run we'll save if judge agrees with
amount.
The attorney for Mr. Hagan in Karrie Venezian of Boston.
Councillor Sosnowski stated that $15,000.00 sounds low. Are we sure he got hurt
on City's time?
Attorney Daly stated we're not free to argue that there is only 6 months to argue
this.
Councillor Sosnowski stated that he had heard rumors.
Councillor Harvey asked does his attorney agree to this settlement?
Councillor Bencal moved to approve.
Attorney Daly stated that over the years that people don't always tell when they
get hurt. They should report it.
Councillor O'Keefe stated that should there be an ordinance to make them report
an accident.
Councillor Sosnowski asked why we couldn't make it law.
Councillor Pelletier asked if this amount will be deducted from the budget.
Attorney Daly stated they pay them out of their salary budget instead of
workmen's comp.
Councillor O'Leary stated that Attorney Daly send a letter to the School
Department for future cases to be reported in a timely way was adopted by
unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
664 CITY OF SALEMC
DECEMBER 16, 2004
EXECUTIVE SESSION
Councillor O'Leary also asked that Attorney Daly send a copy of this letter to the
City Council.
On the motion of Councillor Bencal to approve the settlement it was
adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK