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SETTLEMENT AGREEMENT AND MUTUAL RELEASES <br />This Settlement Agreement and these Mutual Releases <br />(hereinafter referred to collectively as the "Agreement") are <br />entered into by and between KENNETH E. HERRON ("HERRON") on the one <br />hand, and the CITY OF COLTON ("COLTON") on the other hand. <br />This Agreement is made with reference to the following facts: <br />WHEREAS, HERRON was employed by COLTON from approximately <br />March 30, 1992 through May 17, 1993; and <br />WHEREAS, a dispute has arisen with respect to whether HERRON <br />resigned his employment or was terminated; and <br />WHEREAS, a further dispute has arisen between HERRON and <br />COLTON with respect to the question whether he was a probationary <br />or permanent employee of COLTON on May 17, 1993; and <br />WHEREAS, a further dispute has arisen between HERRON and <br />COLTON with respect to the question whether HERRON was terminated <br />in compliance with the requirements of Skelly v. California <br />Personnel Board, (1975) 15 Cal. 3d 194; and <br />WHEREAS, COLTON's Civil Service Commission has conducted a <br />public hearing on the question of whether HERRON was probationary <br />or permanent on May 17, 1993, has determined that HERRON was a <br />permanent employee on such date, and has made recommendations to <br />the Colton City Council to that effect; and <br />WHEREAS, HERRON has filed a civil action against COLTON in the <br />Superior Court of the State of California, County of San <br />Bernardino, Case No. SCV 11317, alleging, among other things, <br />1 of 9 <br />