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~..~,...~,„.,....M m <br />07-Dec-1994 D R A F T T H R E E <br />policies and procedures required to be implemented by the City according to the <br />terms and conditions of this Agreement, the Authority will agree to indemnify <br />the City under the following circumstances for any back wages, costs, fees, <br />benefits or payments required. to be made by the City to the Public Employees <br />Retirement System, or anyone else, that may be awarded to such employee as a <br />result of a successful action in a federal or state court of competent <br />jurisdiction. <br />.1 That the City shall notify the Authority of all job actions <br />involving the discharge or dismissal of the City's transit personnel that are <br />directly related to policies required to be implemented under the terms of this <br />Agreement and advise the Authority of all administrative hearings involving the <br />dismissal or discharge of its transit personnel. <br />.2 That at all times the City acted in good faith and in accordance <br />with applicable .procedures regarding the discharge and/or discipline of <br />employees. <br />.3 That the General Manager/Secretary-Treasurer of the Authority shall <br />approve any settlement of a claim for wrongful discipline and/or discharge in <br />which-the payment of back wages is part of such settlement agreement before the <br />Authority shall become obligated to indemnify the City for back wages or other <br />costs or payments, paid to any employee who has been wrongfully disciplined <br />and/or discharged. <br />.4 That, in the event punitive damages are assessed against the City <br />for an action resulting in the wrongful discipline and/or discharge of an <br />employee of the City's bus line, the Authority shall be released from any <br />obligation to indemnify the City for back wages awarded to such employee, <br />-26- <br />