Washington’s City Council, during its Dec. 9 meeting, amended the city’s budget to allocate funds to settle litigation between the city and Jimmy Davis, a former city fire chief.

The amendment reflects the $33,831 settlement reached by the city and Davis in November. Davis, who rose through the ranks at the Washington Fire-Rescue-EMS Department, was terminated June 30, 2009. Litigation between Davis and the city ensued.

The city announced the settlement after emerging from a closed-door session Nov. 21. The approval of the budget amendment came when the council approved the consent agenda for the Dec. 9 meeting.

Other than issuing the following statement, neither the city nor Davis has commented on the settlement: “The City and Davis have agreed to cease all further litigation between them. Davis will receive an amount equal to a percentage of his accrued and unused sick leave balance and accrued and unused vacation balance, to be distributed as specified in the Settlement Agreement. The claims have been resolved. All pending appeals and claims between the City and Davis will be dismissed.”

The settlement agreement requires that Davis, the city and their attorneys not to comment on the matter, other than issuing the joint statement.

Under terms of the settlement agreement, the city will pay Davis 25 percent of his accrued and unused sick leave (940.5 hours) as of June 30, 2009. The city also will pay an amount equal to the unpaid balance of Davis; accrued and unused vacation time (20 hours of additional leave balance) as of June 30, 2009.

The additional leave balance shall be paid and allocated as follows:

• $20,000 to Capitol District Law Offices;

• $8,457.59 to Hassell, Singleton, Mason & Jones, P.A.;

• $5,372.79 to Davis in care of his legal counsel, Reagan H. Weaver.

Those amounts total $33,830.38.

The city and Davis agree that the settlement agreement is not an admission of liability by either party. The city and Davis each deny any wrongdoing. Neither party shall be considered a prevailing party for any purpose, under terms of the settlement agreement.

Until the case was settled, it was headed to the N.C. Office of Administrative Hearings in early 2014.

In November 2009, Davis filed a petition with the N.C. Office of Administrative Hearings to address the city’s termination of Davis from employment with the city. Davis claims the city fired him without just cause. Subsequently, the city filed a motion to dismiss Davis’ petition.

In September, the Office of Administrative Hearings denied the city’s motion.

Earlier this year, Superior Court Judge Rusty Duke dismissed Davis’ lawsuit against the City of Washington and other defendants.

Davis filed his civil lawsuit in summer 2012. The lawsuit claimed Davis’ termination was illegal.

In his civil lawsuit, Davis listed 14 claims for relief, including intentional infliction of emotional distress and civil conspiracy, seeks a judgment in excess of $10,000, punitive damages and reinstatement will all back pay, raises and “other incidents of employment he would have been entitled to but for the Defendants’ unlawful actions” among others. Davis sought a trial by jury.

Davis, in a May 2010 interview, said he was entitled to a hearing before an OAH official because he served as the city’s emergency-management coordinator in his final years with the city.