RES 2009-1079 - Claim of Kurt Denker for severance pay is approved ��`4 otAAHA,Ar4,e'
`1*st Law Department
;re%.•� t ��� Omaha/Douglas Civic Center
.!j z tt�41�(�i:., „^ 1819 Farnam Street,Suite 804
o�.-rVro Omaha,Nebraska 68183-0804
04 a (402)444-5115
tTen FEa�urc� Telefax(402)444-5125 I
City of Omaha Paul D.Kratz
Jim Suttle,Mayor City Attorney i
Honorable President
and Members of the City Council,
Former Elkhorn Police Department employee Kurt Denker has submitted a claim to the Omaha City
Comptroller for severance pay. The claim is based on a severance pay clause in Mr. Denker's
agreement with the City of Elkhorn, which has been annexed by the City of Omaha.
The City of Omaha Law and Finance Departments have analyzed this claim,and have calculated that
the correct amount owed to Mr. Denker is $5,000.00. Mr. Denker, through his attorney, has
indicated his approval of that amount.
Accordingly, it is the recommendation of the Law and Finance Departments that Mr.
Denker's claim be approved and paid in the total amount of$5,000.00, and denied as to any claims
in excess of that amount.
Respectfu submi ed, Referred to City Council for Consideration:
Pa 1 D. atzg/(?/
City Attorney M o s e Date
Approved as to Funding:
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.4)k A Pam Spaccarotella Date
0'01 Finance Director
P LAW-CITY COUNCIL DOCUMENTS\2009\30111dlm
IL DOCUMENTS\2009\30109d1m
5-295) and is located northeast of 144th &Ida Streets.
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e District's current debt ratio is below 10%and the City's Parks and Finance Directors request the payment
Note(4) Neighborhood and/or Trails/Blvd fees shall be paid prior to recording the plat;if reimbursement is required from the City fund,it will be reimbursed to the S&I.D.as monies
are available in the fund and in chronological order of the final plat approval.
Note(5)Soft costs for acquisition include finance,legal,and necessaary survey costs.
Note(6)Soft costs for improvements include Finance,Legal,Design and Project Administration. Revised 7-26-01
Note(7)This money shall reimbursed by the City to the SID,but only if monies become available in the Community Park Fund.
certified costs and letter submitted to the Public Works Department. Such refund shall
be paid within thirty (30) days. The fee shall be paid for all District contracts issued for
public improvements.
N. One hundred percent (100%) of the entire cost of all improvements associated with the
Post Construction Stormwater Management shall be paid privately or by special
assessment against the property benefited within the area to be developed, provided,
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dings and equipment or appreciably
prolong their intended life shall be treated as capital expenditures (see paragraph 15).
28.Materials and supplies costs.
a. Costs incurred for materials. suoolies. and fabricated oarts necessary to carry out a Federal award are
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performed in each building on the basis of usable square feet of space,excluding common areas,
such as hallways, stairwells,and restrooms.
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function(as determined by the
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C-25A
CITY' OF OMAHA
•
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,Kurt Denker has submitted a claim to the City Comptroller for severance
pay alleged to be due and owing to Mr.Denker as a result of an agreement between Mr.Denker and
the City of Elkhorn; and,
WHEREAS,this claim is submitted pursuant to Nebraska Revised Statute Section 14-
804, and now comes before the City Council for final disposition; and,
WHEREAS,the City Law and Finance Departments recommend that the claim of Mr.
Denker be approved and paid in the total amount of$5,000.00,and denied as to any claims in excess
of that amount.
NOW,THEREFORE,BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT,the City Council determines that the claim of Kurt Denker for severance pay
should be and hereby is approved in the total amount of$5,000.00,to be paid from the Debt Service
Fund No. 14111, fiscal year 2009; and his claim in excess of that amount is hereby denied.
APPROVED AS TO FORM:
ITY ATTORNEY DATE
P\LAW-CITY COUNCIL DOCUMENTS\2009\30112dIm
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Councitmember
Adopted SEP .5 2009 _
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ity lerk
Mayor
ty Attorney M o s e Date
Approved as to Funding:
"i2"2.4.-417,ecee. 7e-izAdZ--- 9,_ 9_6, . .
.4)k A Pam Spaccarotella Date
0'01 Finance Director
P LAW-CITY COUNCIL DOCUMENTS\2009\30111dlm
IL DOCUMENTS\2009\30109d1m
5-295) and is located northeast of 144th &Ida Streets.
P:\msp\1152msp.doc APPROVED AS TO FORM:
7/ 1f
CITY ATTORNEY DATE
B 047 �f.�-ta,124
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Councilmember
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(10%4 -69
ity Clerk
Approv .. "/D9
ACTING Mayor
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e District's current debt ratio is below 10%and the City's Parks and Finance Directors request the payment
Note(4) Neighborhood and/or Trails/Blvd fees shall be paid prior to recording the plat;if reimbursement is required from the City fund,it will be reimbursed to the S&I.D.as monies
are available in the fund and in chronological order of the final plat approval.
Note(5)Soft costs for acquisition include finance,legal,and necessaary survey costs.
Note(6)Soft costs for improvements include Finance,Legal,Design and Project Administration. Revised 7-26-01
Note(7)This money shall reimbursed by the City to the SID,but only if monies become available in the Community Park Fund.
certified costs and letter submitted to the Public Works Department. Such refund shall
be paid within thirty (30) days. The fee shall be paid for all District contracts issued for
public improvements.
N. One hundred percent (100%) of the entire cost of all improvements associated with the
Post Construction Stormwater Management shall be paid privately or by special
assessment against the property benefited within the area to be developed, provided,
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http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006
dings and equipment or appreciably
prolong their intended life shall be treated as capital expenditures (see paragraph 15).
28.Materials and supplies costs.
a. Costs incurred for materials. suoolies. and fabricated oarts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006
s
performed in each building on the basis of usable square feet of space,excluding common areas,
such as hallways, stairwells,and restrooms.
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function(as determined by the
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Omaha Office:
10730 Pacific St., Ste. 111
Omaha,NE 68114
(402) 393-7529 • (402) 391-2289 fax
Lincoln Office:
DYER l� r Lincoln,694 0 Street, Ste.Ste.324
NE
PC,LLO (402) 488-3937 • (402) 467-2485 fax
Calls Returned. Questions Answered. Toll-Free: 1-888-393-7529
We're Your Team. www.dyerlaw.com
August 20, 2009
City of Omaha
ATTN: City Comptroller Allen R. Herink
City County Building
1819 Farnam Street
Omaha NE 68183
RE: Notice of Claim for Severance Pay; Claimant: Kurt Denker
TO: City Comptroller Allen R. Herink
Comes now Michael J. Dyer, being duly sworn, and states under oath:
Pursuant to Neb. Rev. Stat. Sec. 14-804 your former employee Kurt Denker, ("Denker")by and
through his attorney, Michael J. Dyer, hereby gives notice of his claim for severance pay pursuant to the
provisions of the City of Elkhorn—Elkhorn Police Bargaining Agreement (`Elkhorn CBA"), and
specifically the annexation severance clause.
In support of his claim, Denker states:
1. Denker is a covered employee under the Elkhorn CBA having been employed as a police
officer with the City of Elkhorn until its annexation by the City of Omaha on March 1,
2007.
2. Denker was not employed as a full-time law enforcement officer by any political
subdivision of the State.of Nebraska until April 12, 2007.
3. Denker affirmatively alleges that his claim for severance pay did not accrue until the
Nebraska Supreme Court, on July 11, 2008, entered its decision in City of Omaha v. City
of Elkhorn, 276 Neb. 70.
Michael J. Dyer, as the attorney for the claimant Denker,hereby affirms that the statements made
herein are just and true and that the severance claim stated above is valid and due.
Kurt Denker, Claimant
BY:
Michael J. ye , SBA# 19487
SUBSCRIBED AND SWORN TO before ma s( IIL '- of August, 2009.
State of Nebraska General Notary /_1t ♦ I % it/
Lori Schmidt N•p Put is
Comm Exp:412-2012
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• JEROLD V. FENNELL
Attorney at Law
jeroldvfennell@hotmail.com
Nebraska Office Wisconsin Office
P.O. Box 24437 P.O. Box 635
Omaha, NE 68124 Elm Grove, WI 53122
Telephone(402) 330-3991 Telephone (262) 787-0966
Fax (603)710-5648 Fax (603) 710-5648
September 2, 2009
VIA FACSIMILE 402-444-5125
Mr. Alan Thelen
City of Omaha Law Department
1819 Farnam Street, Ste. 804
Omaha, NE 68183-0001
Re: Barnes, et al. v City of Omaha, et al.
Dear Alan:
In response to your email of today I write to state that I am authorized to
accept the following terms of settlement, subject to City of Omaha Council
approval, for the below listed claimants and amounts.
1. Perry Barnes $64,881.91
2. Rich Berggren $18,313.72
3. Matt Miller $59,882.15
4. Mike Schmid $62,097.33
5. David Rathgen $7,500.00
6. Kurt Denker $5,000.00
Please proceed with a request to place the claims on the City Council
agenda as soon as possible. Thank you.
clause.
In support of his claim, Denker states:
1. Denker is a covered employee under the Elkhorn CBA having been employed as a police
officer with the City of Elkhorn until its annexation by the City of Omaha on March 1,
2007.
2. Denker was not employed as a full-time law enforcement officer by any political
subdivision of the State.of Nebraska until April 12, 2007.
3. Denker affirmatively alleges that his claim for severance pay did not accrue until the
Nebraska Supreme Court, on July 11, 2008, entered its decision in City of Omaha v. City
of Elkhorn, 276 Neb. 70.
Michael J. Dyer, as the attorney for the claimant Denker,hereby affirms that the statements made
herein are just and true and that the severance claim stated above is valid and due.
Kurt Denker, Claimant
BY:
Michael J. ye , SBA# 19487
SUBSCRIBED AND SWORN TO before ma s( IIL '- of August, 2009.
State of Nebraska General Notary /_1t ♦ I % it/
Lori Schmidt N•p Put is
Comm Exp:412-2012
r ,
Very Truly Yours,
Ter Id V. Fennell
Ills
Enclosure
cc: David Rathjen
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