HomeMy WebLinkAboutVOLUNTARY SEPARATION AGREEMENT AND RELEASE OF CLAIMS BETWEEN SHAUN A. BROOKS AND AUGUSTA, GEORGIA VOLUNTARY SEPARATION AGREEMENT AND RELEASE OF CLAIMS
THIS VOLUNTARY SEPARATION AGREEMENT AND RELEASE OF CLAIMS
("Agreement") is made and entered into by and between Shaun A. Brooks (referred to as
"Employee") and the consolidated government of Augusta, Georgia, the Superior Court of the
Augusta Judicial Circuit, as well as their elected officials, 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 provided Employer with notice of his intent to resign from the position as
Trial Court Administrator of the Superior Court of the Augusta Judicial Circuit and desires to
receive severance pay.
Employer is willing to provide severance pay and waive the ninety (90) day notice
requirement in Augusta's Personnel Policies and Procedures Manual ("PPPM") on the condition
that Employee enters into this Agreement.
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 his employment with Employer effective the close of
business on June 27, 2019 ("Resignation Date").
2. Consideration.
In consideration for his execution of this Agreement,the Employer agrees to pay employee
four (4) months' severance pay through a lump sum payment, equivalent to a gross income of
$30,449.88, from June 28, 2019, through October 28, 2019 ("Severance Period"). Any gross
earnings and/or compensation received by Employee from Employer after Employee's
Resignation Date shall be subtracted from Employee's lump sum payment of four-months
severance pay and credited to the Employer.
A. Waiver and General Release of Claims.
In consideration for the execution of this Agreement, including the promises of Employer
herein, Employee of his own free will, knowingly and voluntarily releases and forever discharges
Augusta, Georgia, the Augusta, Georgia Board of Commissioners, their 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 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 Released Parties,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 or Employer and including, but not limited to, any alleged
violation of 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 Family and Medical Leave Act, as amended;
the Fair Labor Standards Act;Age Discrimination Act of 1967(ADEA), the Fair Credit Reporting
Act; the Workers Adjustment and Retraining Notification Act; the Immigration Reform and
Control 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 Released Parties 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
Released Parties 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 Released Parties 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 she might
otherwise be entitled.
B. 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
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consideration specified herein except for execution of this Agreement and fulfillment of the
promises contained herein.
C. 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.
D. Employee Affirmations.
Employee acknowledges and affirms that, as of the date of signing this Agreement,
Employee: (1) 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.
E. 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.
F. Return of Property.
Employee agrees,to return any and all property(including all copies or duplicates thereof)
belonging to Employer, which remain in his possession, prior to the execution of this agreement,
but no later than the close of business on July 17, 2019.
G. Special Notification Regarding Age Discrimination.
The Employee knowingly and voluntarily waives all rights under the Age Discrimination
Act of 1967 (ADEA), which pertains to any allegations of age discrimination. Federal law
provides that the Employee is permitted 21 days from receipt of this Agreement to review and
consider this Agreement before signing it. The Employee further understands that she may use as
much of this 21-day period as she wishes prior to signing and delivering the agreement. Federal
law further provides that the Employee may revoke this Agreement within seven (7) days of the
signing and delivering the agreement to the Employer. Employee is advised to consult with an
attorney before signing this agreement.
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H. 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 Wayne Brown, General Counsel. The revocation must be personally delivered to or
mailed to Wayne Brown (535 Telfair Street, Building 3000, Augusta, GA 30901) 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.
I. Disputes/Enforcement of Settlement.
Should any action be brought by any party to this Agreement to dispute and/or enforce any
provision thereof, after signing this Agreement,the prevailing party shall be entitled to recover, in
addition to any other relief, reasonable attorneys' fees and costs associated with any litigation.
J. 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.
K. 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:
1) EMPLOYEE HAS CAREFULLY READ THIS ENTIRE
AGREEMENT;
2) EMPLOYEE POSSESSES SUFFICIENT EDUCATION AND/OR
EXPERIENCE TO FULLY UNDERSTAND THE EXTENT AND
IMPACT OF THIS AGREEMENT;
3) THIS AGREEMENT IS WRITTEN IN A MANNER WHICH
EMPLOYEE IS ABLE TO UNDERSTAND;
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4) EMPLOYEE IS FULLY COMPETENT TO SIGN THIS
AGREEMENT; and
5) EMPLOYEE SIGNS THIS AGREEMENT VOLUNTARILY AND
WITHOUT ANY COERCION,UNDUE INFLUENCE, THREAT,
OR INTIMIDATION OF ANY KIND OR TYPE.
For Employee: For Employer:
Augusta, Georgia
0L, /./.. ..." -tr K.......-
� A. Brooks V Mayor Hardie 0. r.
Date:
Date: 47/3//9 Attest:
"t/ /,e ,. •fie..
' ena :ons :� 1 h 1`k islet #
+M Y
.,
Date! 0rf"' ;4' n
Thei'Superior Court'of�tI e Augusta Judicial
Circuit
a- •
Chief Judge Carl C. Brrown, J .
Date: 2'" 1 ' f
Genera Counsel
Wayne Br.pi n,
Date: 7/ )/Ir
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