The city of Española has settled a breach of contract lawsuit for $45,000 filed by former Jail director Gene Aldaz.
Aldaz filed the suit in November 2007 claiming the city did not allow him to utilize the “Early Out” program when he retired in March 2007. The program would have allowed him to collect sick and annual leave between the time he left work and his official retirement date in September of the same year.
The suit also claims former city manager Gus Cordova authorized Aldaz’s use of the “Early Out” though the city subsequently refused to pay the amount owed. Aldaz sued the city for that amount, which was approximately $28,845.60, as well as the legal costs involved in the suit.
On July 16 of this year, after a bargaining period that began in October 2008, the city settled with Aldaz for $45,000, court documents state. The city admitted no wrongdoing and paid the settlement out of its legal budget, according to documents.
Acting City Attorney Paula Maynes would not comment on the case.
Aldaz had agreed to settle before July 16, but backed out twice before the actual settlement. At the time of the settlement, a hearing was scheduled for August to determine whether Aldaz would be held to his previous agreements.
Aldaz’s attorney Yvonne Quintana did not return a call for comment.