QUIJAS, NICOLE - Laserfiche WebLink

Home Browse Search

sT-Y /7 6 N-2017-073 a4ow.� SETTLEMENT AGREEMENT AND RELEASE This settlement agreement and release ("Agreement") is made by and between the following parties: NICOLE QUIJAS ("QUIJAS") and CITY OF SANTA ANA ("THE CITY"), (hereinafter collectively referred to as "AGREEING PARTIES"). J. RECITALS A. WHEREAS, in May, 2015, QUIJAS was involved in the service of a search warrant at a marijuana dispensary that gave rise to allegations that she and other officers were ingesting marijuana edibles. While the allegations of ingesting marijuana edibles were proven by the CITY and the Orange County District Attorney's office to be untrue, the CITY initiated an internally generated administrative investigation of the involved officers, including QUIJAS. B. WHEREAS, during the administrative investigation, the Santa Ana Police Officers' Association, on behalf of QUIJAS and two other officers, brought a lawsuit alleging certain violations of their rights under the Public Safety Officers Procedural Bill of Rights Act and Penal Code §632 and 637.2. The CITY denied all liability. This litigation is referred to as Santa Ana Police Officers Association, et al. v. City of Santa Ana, et al., Orange County Superior Court Case No. 30-2015-00801604-CU-OE-CJC and California Court of Appeal Case No. G053126 (collectively referred to as the "SAPOA Litigation"). C. WHEREAS, on May 5, 2016, QUIJAS filed litigation entitled, Nicole Quijas v. City of Santa Ana, et al., Orange County Superior Court Case No. 30-2016- 00850502-CU-OE-CJC ("QUIJAS Civil Action") based upon claims that the CITY allegedly violated her rights under the Public Safety Officers Procedural Bill of Rights Act and the California Labor Code. QUIJAS alleges that she suffered damages as a result of the subject incident(s). The CITY denies all liability. D. WHEREAS, on May 6, 2016, QUIJAS was terminated based on alleged misconduct. QUIJAS denied all allegations and subsequently filed a request for administrative appeal before the City of Santa Ana Personnel Review Board ("Personnel Board Matter") which is now pending. E. WHEREAS, the Agreeing Parties each recognize that any existing litigation between the parties and any subsequent litigation as between them are not affected by this Agreement and that the Agreeing parties desire to solely resolve the Personnel Board Matter. F. WHEREAS, each Agreeing Party disputes each and every claim and allegation asserted by the other in the above lawsuits and Personnel Board Matter, and contend that the other Agreeing Party is not entitled to any damages or recovery from them whatsoever. Liability is expressly denied by the Agreeing Parties with respect to the allegations asserted against them. 1