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Settlement

Under CRS 408, an agency is precluded from introducing documents appellant produced during  settlement negotiations in his disqualification appeal. In re Murphy, CSA 09-11, 1-2 (Order 10/7/11).  

Where appellant was not a party to the settlement she claims was impermissibly considered, hearing officer could reasonably determine admission of the fact of settlement would not frustrate purpose of CRE 408, to promote settlement by assuring parties to settlement negotiations that their offers will not be used later against them. In re Norman-Curry, CSB 28-07 & 50-08, 3 (9/3/09).

The purpose of C.R.E. 408 is to promote settlement by assuring the parties to settlement negations that their offers will not later be used against them. In re Norman-Curry, CSB 28-07 & 50-08, 3 (9/3/09).

While C.R.E. 408 provides that offers of settlement are not admissible when offered to prove liability, the rule permits the admission of such evidence for other purposes. In re Norman-Curry, CSB 28-07 & 50-08, 3 (9/3/09).

Where hearing officer admitted city's offer of settlement to non-party witness in order to show harm to the city under CSR 16-60 Z. (conduct prejudicial), and not for the purpose of proving appellant's misconduct, such evidence is properly admitted. In re Norman-Curry, CSB 28-07 & 50-08, 3 (9/3/09).

Consent to a last chance agreement to avoid a disciplinary termination is not rendered involuntary by the threat of loss of public employment. In re Williams, CSA 56-04, 5 (5/06/05).

Consent to random drug testing was not rendered involuntary by its inclusion in a last chance agreement under which a public employee keeps his job on condition of no further drug use and submission to random testing. In re Williams, CSA 56-04, 5 (5/06/05), citing Jinzo v. City of Albuquerque, 1999 US App. LEXIS 14912 (10th Cir. 1999); Mararri v. WCI Steel, 130 F.3d 1180 (6th Cir. 1997); Schneckloth v. Bustamonte, 412 U.S. 218 (1973); McCall v. USPS, 839 F.2d 664 (Fed. Cir. 1988); Stewart v. USPS, 926 F.2d 1146 (Fed Cir. 1991).

 
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