Loading...
HomeMy WebLinkAboutVOLUNTARY SEPARATION AGREEMENT AND RELEASE OF CLAIMS_ JANICE ALLEN JACKSON VOLUNTARY SEPARATION AGREEMENT AND RELEASE OF CLAIMS THIS VOLUNTARY SEPARATION AGREEMENT AND RELEASE OF CLAIMS ("Agreement")is made and entered into by and between Janice Allen Jackson(referred to as"Employee") and Augusta, Georgia Board of Commissioners, its predecessors, affiliated entities, and subdivisions, as well as their members, officers, directors, agents, insurers, attorneys, employees and former employees, individually and in their representative capacities (collectively referred to as "Employer"). THE PARTIES acknowledge the following: Employee has agreed to voluntarily resign her position with Employer and desires to receive severance pay and is willing to provide consulting services as provided herein. Employer is willing to waive the ninety (90) day notice requirement in the Personnel Policies and Procedures Manual and is willing to provide severance pay to Employee on the condition that Employee enters into this Agreement and provides consulting services as provided herein. THEREFORE, in consideration of the mutual agreements and promises set forth within this Agreement,the receipt and sufficiency of which are hereby acknowledged,Employee and Employer agree as follows: 1. Resignation of Employment. Employee voluntarily resigns her employment with Augusta, Georgia, effective the close of business on April 16, 2019 ("Resignation Date"). 2. Consideration. In consideration for her execution of this Agreement and for her providing consulting services during the Severance Period (as described in Paragraph 5 herein), the Employer agrees to pay Employee all accrued vacation leave and to pay Employee twelve (12) months of severance pay through salary continuation from the Resignation Date through April 16, 2020 ("Severance Period") and to continue to provide Employee with the same level of employee benefits during the Severance Period 3. Waiver and General Release of Claims. In consideration for the execution of this Agreement, including the promises of Employer herein, Employee of her own free will, knowingly and voluntarily releases and forever discharges Employer (the Released Parties) of and from any and all actions or causes of action, suits, claims, and promises, in law or equity,which Employee may now have against the Employer, up to and including the date she executes this Agreement, including all unknown, undisclosed or unanticipated losses, wrongs, injuries, debts, claims, benefits or damages, for, upon or by reason of any matter, cause or thing, including any claim arising out of Employee's employment with or any other matter involving Employer and including, but not limited to, any alleged violation of the National Labor Relations Act; Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., as amended; the Civil Rights Act of 1991; Section 1981 through Section 1988 of Title 42 of the United States Code, as amended; the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001, et seq., as amended; the Americans With Disabilities Act of 1990, 29 U.S.C. §§ 12101 to 12213, as amended; the Rehabilitation Act of 1973, 29 U.S.C. § 791 et seq., as amended; the Equal Pay Act of 1963, 29 U.S.C. §§ 206(d), as amended; the Fair Credit Reporting Act; the Workers Adjustment and Retraining Notification Act; the Immigration Reform and Control Act, as amended;the Occupational Safety and Health Act,as amended; Georgia Fair Employment Practices Act — O.C.G.A.. §45-19-20 et seq.; Georgia AIDS Confidentiality Act — O.C.G.A.. §24-9-47; Georgia Equal Pay Act (Sex Discrimination in Employment) — O.C.G.A. §34-5-1 et seq.; Georgia Age Discrimination in Employment Act — O.C.G.A. §34-1-2; Georgia Equal Employment for Persons with Disabilities Code — O.C.G.A. §34-6A-1 et seq.; Georgia Wage Payment and Work Hour Laws; or any other federal, state or local human rights, civil rights, wage-hour, pension or labor laws, rules and/or regulations, or any other alleged violation of any local, state or federal law,regulation or ordinance, and/or public policy, contract, tort or common law, including, but not limited to, any claims for loss of consortium, any claims for costs, fees, or other expenses, including attorney's fees incurred in these matters at any time prior to and including the date of execution of this Agreement, provided that nothing herein waives or releases Employee's rights to enforce the terms of this Agreement. Employee waives all rights to file any complaint in any federal, state, or local court against the Employer involving any events up to and including the date the parties sign this Agreement. Except as prohibited by law, in the event that any such claim is filed, it shall be dismissed with prejudice upon presentation of this Agreement, and Employee shall reimburse the Employer for its costs, including attorneys' fees, incurred in defending any such action. Notwithstanding the forgoing,by entering into this Agreement, Employee does not waive any rights, where applicable, to file a charge of discrimination or other claim with, or participate in an administrative or investigative proceeding of, any federal, state or local government agency. Employee agrees to release the Employer from any and all claims as stated above which Employee could make on Employee's own behalf or which any other person or organization could make on Employee's behalf. Employee specifically waives any right to become, and promises not to become, a member of any class in which a claim against the Employer is made involving any events as of the date of this Agreement, except where such waiver is prohibited by law. Employee further agrees that if any individual or class pursues a claim against the Employer and prevails,that Employee is not entitled to and will not accept any monies to which he might otherwise be entitled. 4. Employee Affirmations. Employee acknowledges and affirms that, as of the date of signing this Agreement, Employee: (1) Except for unpaid accrued vacation leave, Employee has been paid all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled; (2) has no known workplace injuries or occupational diseases other than as previously reported in writing; (3) has not been denied leave pursuant to Employer policy or the Family and Medical Leave Act and has received all such leave to which Employee was entitled; (4) has not divulged any proprietary or confidential information of the Employer and will continue to maintain the confidentiality of such information; and (5) has not filed, caused to be filed, and presently is not a party to any claim against the Employer. 5. Employee Consultation Services. To the extent requested by Employer, Employee agrees that, from her last day of work, April 16, 2019, through the end of Severance Period, she shall make herself available to provide consultation services to Employer regarding city/county administration matters in areas of Employee's duties and services while employed by Employer. Employee agrees that she shall be reasonably available by 2 telephone and email through the Severance Period in order to provide transition consultation services. If Employee fails to be available for consulting services as required herein, Employee shall not be entitled to any further severance payments pursuant to this Agreement. 6. Reference Checks. To the extent Employer receives any request for a reference check from any future or potential employer of Employee, Employer will confirm only Employee's dates of employment,positions held,and salaries. 7. Denial of Liability. The Parties understand and agree that neither the making of this Agreement, nor anything contained herein, including the furnishing of consideration for this Agreement, shall, in any way, be construed or considered to be an admission by the Employer of guilt or noncompliance with any federal, state or local statute, public policy, tort law, contract law, common law, or any other wrongdoing whatsoever. Employee understands and agrees that Employee would not receive the consideration specified herein except for execution of this Agreement and fulfillment of the promises contained herein. 8. Return of Property. Employee agrees, upon the last day of the Severance Period, to return any and all property (including all copies or duplicates thereof) belonging to Employer, which remain in her possession. 9. Severability. The provisions, sections and paragraphs, and the specific terms set forth therein,of this Agreement are severable. If any provision, section or paragraph,or specific term contained therein,of this Agreement or the application thereof is determined by a court to be illegal, invalid or unenforceable, that provision, section,paragraph or term shall not be a part of this Agreement,and the legality,validity and enforceability of remaining provisions, sections and paragraphs, and all other terms therein, of this Agreement shall not be affected thereby. If, however, any portion of the general release language is deemed unenforceable and cannot be modified to the satisfaction of both parties, then Employee shall return the consideration paid for this Agreement. 10. Special Notification Regarding Age Discrimination. Because this Agreement includes a waiver and release of claims arising under the Age Discrimination in Employment Act, federal law provides that Employee may have twenty-one (21) days from receipt of the Agreement to review and consider this Agreement before signing it. Federal law also provides that Employer must advise Employee to consult with an attorney before signing this Agreement. This Agreement constitutes such notice. Employee understands that it is Employee's decision whether or not to consult an attorney. Pursuant to federal law, Employee is further advised that this waiver and release do not apply to claims that arise after Employee signs this Agreement. Employee further understands and agrees that Employee is receiving additional consideration that Employee would not be entitled to receive under any 3 Employer policy,practice or plan of Employer if Employee did not execute this Agreement which includes the waiver and release of claims under the Age Discrimination in Employment Act. 11. Revocation. Employee may revoke this Agreement for a period of seven (7) calendar days following the day Employee executes this Agreement. Any revocation within this period must be submitted, in writing, to General Counsel of Augusta Law Department. The revocation must be personally delivered to or mailed to General Counsel,Augusta Law Department(currently located at 535 Telfair Street, Suite 901,Augusta, GA 30901) or and, if mailed, postmarked within seven (7) calendar days of Employee's signing this Agreement. This Agreement shall not become effective or enforceable until the seven(7) day revocation period has expired (the "Effective Date"). If the last day of the revocation period is a Saturday, Sunday, or legal holiday in Georgia, then the revocation period shall not expire until the next following day which is not a Saturday, Sunday, or legal holiday. 12. Entire Agreement. Employee warrants that no representations or inducements have been made to Employee except as set forth in this Agreement and that Employee has signed this Agreement knowingly and voluntarily. This Agreement constitutes the entire agreement between the parties and may not be amended, modified or terminated except by express written agreement between the parties. This Agreement shall be construed and governed by the laws of the State of Georgia. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same legal document. 13. Successors and Assigns. This Agreement shall inure to and be binding upon the parties hereto and to their respective heirs, legal representatives, successors, and assigns. ACKNOWLEDGMENT EMPLOYEE AFFIRMS THAT: A. EMPLOYEE HAS CAREFULLY READ THIS ENTIRE AGREEMENT; B. EMPLOYEE POSSESSES SUFFICIENT EDUCATION AND/OR EXPERIENCE TO FULLY UNDERSTAND THE EXTENT AND IMPACT OF THIS AGREEMENT; C. THIS AGREEMENT IS WRITTEN IN A MANNER WHICH EMPLOYEE IS ABLE TO UNDERSTAND; D. EMPLOYEE IS FULLY COMPETENT TO SIGN THIS AGREEMENT; and E. EMPLOYEE SIGNS THIS AGREEMENT VOLUNTARILY AND WITHOUT ANY COERCION, UNDUE INFLUENCE, THREAT, OR INTIMIDATION OF ANY KIND OR TYPE. 4 For Employee: For Employer: AUGUSTA, GEORGIA di . a Ick_ fl i / I „-- . iiiill... 4-N-/ . ice Allen Jacks It, Hardie D. r., Mayor Date: Iflaq I I4- 0,-(7 0,/r I 4. ,' $� C, �� Attest: y.. r w e. rer,N . c.. c e'„ 'F' ',- -",; ? ' I, / Ii'VW1//// .1e p s . 9 Clerk o Co ,fission 5 April 29, 2019 Mayor Hardie Davis,Jr. 535 Telfair Street, 2nd floor Augusta, GA 30901 Mayor Davis, This is to confirm my resignation, submitted verbally and accepted by the Augusta Commission, on Tuesday,April 16.This resignation is conditioned upon the following action of the Commission: Approved motion to accept resignation of Administrator Janice Jackson, effective immediately and offer and provide with 12 month severance pay in the form of salary and benefits continuation and cash out vacation pay upon execution of the release and be available for consultation purposes during the severance period. Sincerely, C;2, nice Allen Jackson