Tarrant Water District settlement with former GM related to age discrimination complaint
Former Tarrant Regional Water District general manager Jim Oliver’s settlement agreement will be made public sometime late next week, sources say. The delay is due to a federal statute governing allegations of age discrimination.
The board voted 4 -1 Wednesday to approve a potential settlement with Oliver. Carlos Lopez, an attorney advising the board, said the agreement doesn’t technically legally exist until seven days after Oliver signs it. At that point it would become a public record.
The delay is due to a provision of the Age Discrimination in Employment Act. It states that workers over 40 who decide to waive any claims of age discrimination must be given seven days to reconsider. Lopez hinted at that allegation during the public meeting when advising the board on the seven-day waiting period.
Because of the seven day waiting period, Oliver and the TRWD are still technically in the bargaining stage, the sources said. Negotiations are protected by attorney-client privilege, the sources said, and Lopez advised the board not to disclose the terms until the settlement is finalized.
Sources said they expect the agreement to be signed by Friday, which would make it public record.
Oliver’s lawyer Jason Smith filed a public records request on Aug. 3 to get any communications from board member James Hill about Oliver’s age. His request specifically cited the words “old,” “fossil,” “new blood,” “old school,” “ancient,” “senile,” “fresh face,” and “dinosaur.”
The board released 39 pages of email communications, none of which appeared to reference Oliver’s age or the specific words in the request. The board did not release any of Hill’s text messages.
Smith also challenged the board’s June 29 decision to revoke a $300,000 payment to Oliver, which had been unilaterally granted to him by the outgoing board president Jack Stevens.
Stevens directed staff in March to award the outgoing general manager 2,000 hours of extra paid time off. This was roughly equivalent to a year of Oliver’s salary. Stevens lost his seat in the May election.
Board president Leah King emphasized at Wednesday’s meeting the board would not be reinstating the revoked payment. She said the proposed settlement will prevent the board from getting bogged down by legal fees and distractions from further litigation of Oliver’s case.
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