UCLA DA 672.03: Settlement of Employment Claims and Separation Agreements With a Value of $100,000 or Less

Date:	November 06, 2009 Print
From:	Chancellor Gene D. Block
To:	Executive Vice Chancellor & Provost Scott L. Waugh Vice Chancellor, Medical Sciences Gerald S. Levey Administrative Vice Chancellor Sam J. Morabito Vice Chancellor, Academic Personnel Thomas Rice
References:	UC DA 2595 (To Approve Settlements of Claims and Separation Agreements With a Value of $100,000 or Less and Voluntary Separation Program Agreements of Less Than $50,000) to Chancellors, dated March 11, 2016; UC Delegation No. 2008-03 (Authority to Approve Certain Non-Court Litigated Settlements) to Chief Campus Counsels, dated January 22, 2008; UC DA 2218 (Establishment of Voluntary Separation Program) to Chancellors, dated April 3, 2009.
Supersedes:	UCLA DA 672.02 (To Approve Separation or Settlement Agreements in Non-Litigated Employment Matters, Involving Consideration of Less Than $50,000) to Vice Chancellors Levey, Morabito, and Rice, dated 12/14/2007.

Effective as of the date above, I hereby delegate to you the authority to approve settlements of non-litigated employment claims and separation agreements for matters under your respective jurisdictions, when the consideration paid or received is $100,000 or less. Litigated settlements must be reviewed and approved by Office of the General Counsel, except as specified in UC Delegation No. 2008-03, referenced above. The authority to settle employment claims and approve separation agreements is to be exercised subject to and in accordance with Reference (a), above. Litigated settlements or separation agreements that involve significant questions of University policy may require approval of The Regents. As used in this delegation, a “claim” is a disputed demand for payment from an entity or individual (including employees) made other than through litigation. “Litigation” is defined as legal proceedings in the form of a lawsuit, arbitration proceeding, or internal or external administrative proceeding. A “separation agreement” is an agreement with an employee by which the employee separates from University employment, but which does not involve a claim or litigation. Currently, there is no Voluntary Separation Program in effect at UCLA. Commercial negotiations to adjust amounts payable under a contract shall not be treated as claims. Delegated authority to execute settlement of non-employment claims is articulated in a separate campus delegation, UCLA DA 551.08.

All agreements must be approved as to legal form by University Counsel prior to execution unless the agreement is in a form previously approved by that office and is issued without revision. The release provisions of all settlements of separation agreement (employment claims), regardless of the amount of consideration, must be in a format approved by the General Counsel.

Each of you will provide the Vice Chancellor – Legal Affairs with a quarterly report identifying the employment claims settlements and separation agreements approved under this delegated authority. A report of settlements and separation agreements involving consideration of $50,000 or more must be transmitted to the Vice Chancellor, Legal Affairs for subsequent reporting to The Regents.

This delegation is being reissued due to the supersession of the parent UC delegation (UC DA 2214, issued 12/12/2008). The substantive changes to the delegation being superseded are the maximum dollar amount of the consideration that may be paid has increased from <$50,000 to <$100,000; specimen signatures are no longer required by the Office of Risk Services; authority to settle non-litigated separation agreements may be redelegated to the heads of Campus and Medical Center Human Resources. Any such redelegation of this authority shall be in writing with copies to me and those listed below.

Attachment - Policy on Settlement of Litigation, Claims and Separation Agreements

cc:

Executive Vice President, Business Operations
Associate Vice President, Human Resources and Benefits
Universitywide Policy Coordinator
Vice Chancellor, Legal Affairs
Hospital Legal Counsel
Manager, Medical Center Workers' Compensation Program
Director, Office of Insurance & Risk Management
Manager, Administrative Policies & Delegations