HomeMy WebLinkAboutAlbert H. Gillespie
Augusta Richmond GA
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DOCUMENT TYPE: A~ (.:(GE:P1lZ001
YEAR: d-.OD S-
BOX NUMBER:
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FILE NUMBER:
NUMBER OF PAGES:
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SEVERANCE AGREEMENT
AND RELEASE
This agreement between ALBERT H. GILLESPIE (hereinafter "EMPLOYEE") and
Augusta Richmond County, Georgia, a political subdivision of the state of Georgia,
("hereinafter, EMPLOYER"), a term which shall include its elected officials, officers,
employees, agents, successors and assigns.
WHEREAS, EMPLOYEE and EMPLOYER have agreed to a severance of
EMPLOYEE'S employment pursuant to their employment agreement of February 27, 2002
(hereinafter, "the contract") and the parties desire to provide for the resolution of all matters
between them.
WHEREAS, EMPLOYEE has been given at least 30 days to consider the form of this
Agreement and Release, and a period of seven (7) days to revoke at EMPLOYEE'S option,
WHEREAS, EMPLOYEE was advised in writing to consult with an attorney before
signing this Release; and
WHEREAS, EMPLOYEE acknowledges that the consideration to be provided to
EMPLOYEE under this agreement, i.e. the severance payment, is sufficient to support this
Agreement and Release; and
WHEREAS, EMPLOYEE understands that the EMPLOYER regards the representations
by EMPLOYEE in this Release as material and that the EMPLOYER is relying on such
representations in providing any severance payment to EMPLOYEE.
NOW, THEREFORE, in consideration for the mutual promises and representations of
EMPLOYEE and EMPLOYER set forth herein, EMPLOYER and EMPLOYER agree as
follows:
1. SEVERANCE PAYMENT AND INDEMNIFICATION
In consideration for EMPLOYEE'S release, promises, and covenants not to sue set out in
this agreement, EMPLOYEE shall be released from his employment contract and receive the
sum of Twenty-Nine Thousand and Five Hundred Dollars ($29,500.00) as complete
compensation for severance from employment with EMPLOYER. Said sum shall be in lieu of
and in satisfaction of any all claims for compensation pursuant to the contract. EMPLOYEE
further agrees that he will be solely responsible for any and all taxes, including without
limitation, federal, state or local taxes associated with the above-stated payment, and
EMPLOYEE agrees to indemnify and hold EMPLOYER harmless from any and all costs and
expenses, including, but not limited to, federal, state or local tax liability or penalties which may
arise from payment of said sum to the EMPLOYEE or which may arise against EMPLOYER for
failing to withhold taxes or under-withholding of taxes from the above-stated payment.
2. EFFECTIVE DATE
The last date of EMPLOYEE'S employment with or service to the EMPLOYER shall be
April 29, 2005. ("Effective Date.")
3. RELEASE
On behalf of EMPLOYEE and EMPLOYEE'S marital community, heirs, executors,
administrators and assigns, EMPLOYEE expressly waives, releases and acknowledges
satisfaction of all claims of any kind against EMPLOYER, its predecessors, successors and
assigns, and all of its present and former elected officials, officers, directors, owners, employees,
agents, trustees, insurers, representatives, general and limited partners, and attorneys, in their
individual and representative capacities (collectively "Released Parties"). This waiver and
release is comprehensive and includes all claims (including claims for attorneys' fees), damages,
causes of action or disputes, whether known or unknown, foreseen or unforeseen, asserted or
unasserted, based upon acts or omissions occurring or that could be alleged to have occurred on
or prior to the Effective Date of this Release. This waiver and release includes without limitation
all matters in any way related to EMPLOYEE'S employment by the EMPLOYER, the terms and
conditions thereof, and the cessation of EMPLOYEE'S employment with EMPLOYER. This
waiver and release includes without limitation any claims for wages, severance payment,
employee benefits, equitable relief, and damages of any kind arising out of: any contracts,
express or implied; any covenant of good faith and fair dealing; estoppel; misrepresentation;
discrimination; harassment; retaliation; wrongful termination or any legal restriction on the right
of EMPLOYER to terminate the employment of Employee; arising from or in any way
connected with EMPLOYER'S employment (including but not limited to those rights deriving
under that contract of employment between the parties dated February 2i\ 2002), pay and other
terms and conditions of employment or employment practices of EMPLOYER; relating to the
cessation of EMPLOYEE'S employment or the circumstances leading up to or surrounding the
cessation of his employment with EMPLOYER; any foreign, federal, state, or local laws,
regulations, or orders, including, without limitation, Title VII of the Civil Rights Act of 1964, the
Age Discrimination in Employment Act ("ADEA"), as amended, the Older Workers' Benefit
Protection Act of 1990, the Americans With Disabilities Act, the Equal Pay Act, as amended,
the Fair Labor Standards Act, the Employee Retirement mcome Security Act, as amended
("ERISA"), the Family and Medical Leave Act, or any other legal limitation on the employment
relationship and personal tort, o.c.G.A. S 34-1-2 and any amendments thereto, and any other
similar anti-discrimination, labor or employment law. Excluded from this waiver and release are
any claims that may arise as a result of a breach of EMPLOYER'S obligations arising by virtue
of this Release, claims of vested rights under ERISA or other retirement plan of EMPLOYER,
or EMPLOYEE'S right to elect and pay for continuation of his health insurance coverage under
EMPLOYER'S Flexible Benefit Plan and/or pursuant to COBRA, or any other claim that may
not be lawfully released under this Release.
4. ACCORD AND SATISFACTION
2
The consideration of the severance payment is accepted by EMPLOYEE as being in full
accord, satisfaction, compromise and settlement of any and all claims or potential claims
described herein, and EMPLOYEE expressly agrees that EMPLOYEE is not entitled to, and
shall not receive, any further recovery or remedies of any kind from the EMPLOYER or any of
the other Release Parties, EMPLOYEE agrees that he has no present or future right to
employment with EMPLOYER or any other Released Parties.
5. WARRANTY OF CLAIMS
EMPLOYEE expressly represents and warrants that EMPLOYEE is the sole owner of the
actual and alleged claims, demands, rights, causes of action and other matters that are released
herein; that the same have not been transferred or assigned or caused to be transferred or
assigned to any other person, firm, corporation or other legal entity; and EMPLOYEE has the
full right and power to grant, execute and deliver this agreement and release, and undertakings
and agreements contained herein.
6. NON-ADMISSIONS OF LIABILITY
EMPLOYEE and EMPLOYER agree that their entry into this agreement, and the
agreements contained herein, are not and shall not be construed to be an admission of liability on
the part of either party hereto or any parties hereby released or held harmless.
7. COVENANT NOT TO SUE
EMPLOYEE covenants not to sue EMPLOYER or any party released herein on account
of any claim released hereby. Other than potential unemployment compensation, EMPLOYEE
further covenants not to accept, recover or receive any monetary damages or any other form of
relief which may arise out of or in connection with any administrative remedies which may be
filed with or pursued independently by any governmental agency or agencies, whether federal,
state or local.
8, EMPLOYEE'S FUTURE COOPERATION
EMPLOYEE agrees to cooperate with EMPLOYER, and its employees, agents and
attorneys in connection with any policy, program, project, investigation, administrative
proceedings or litigation relating to any matter with which EMPLOYEE was involved while
employed by EMPLOYER, or of which he may have knowledge, and EMPLOYEE agrees to
continuously provide current telephone and address information to EMPLOYER for a period of
four (4) years after the effective date of this agreement. Should EMPLOYEE be subpoenaed by
any person or entity (including but not limited to any government agency) to give testimony
which in any way relates to his employment by EMPLOYER, he shall provide written notice of
such request to EMPLOYER within three (3) calendar days of said request and will make no
disclosure until EMPLOYER has had a reasonable opportunity to contest the right of such
requesting person or entity to such disclosure,
3
9. RETURN OF PROPERTY
EMPLOYEE shall return all ofEMPLOYER"S property in EMPLOYEE"S possession or
control, including without limitation all keys, credit cards, and other personal items or equipment
provided by EMPLOYER for use during EMPLOYEE'S employment, together with all written or
recorded materials, documents, computer discs, plans, records, notes, files, drawings or papers, and
any copies thereof, relating to the affairs of the EMPLOYER.
1 0, NONDISP ARAGEMENT
EMPLOYEE understands that his entitlement to the severance agreed to above is
conditioned on EMPLOYEE'S continued support and nondisparagement of the EMPLOYER.
EMPLOYEE agrees not to make any oral or written statement or take any other action which
disparages or criticizes the EMPLOYER'S management, practices, or employees or damages the
EMPLOYER'S reputation, or impairs its normal operations.
11. EMPLOYEE'S REVOCATION RIGHTS
For a period of up to and including seven (7) days after the date of the execution of this
agreement, EMPLOYEE may revoke it entirely. No rights or obligations contained in this
agreement shall become enforceable before the end of the 7 -day revocation period. If
EMPLOYEE decides to revoke the Agreement, EMPLOYEE must deliver a signed notice of
revocation to the EMPLOYER'S Administrator, located on the 8th floor of the Augusta
Richmond County Municipal Building, 501 Greene Street, Augusta, Georgia on or before the last
day of this 7 -day period, Upon delivery of a timely notice of revocation, this agreement shall be
revoked, cancelled and void, and neither the EMPLOYEE nor the EMPLOYER shall have any
rights or obligations under this agreement.
12. REVIEW AND REVOCATION PERIOD
EMPLOYEE is advised to review this agreement and release with EMPLOYEE'S
attorney prior to executing and delivering it to the EMPLOYER. EMPLOYEE has thirty (30)
days from receipt of this Release to consider and execute it, after which time the offer of this
Agreement and Release (i.e. severance payment) shall expire, be rescinded and may no longer be
accepted. EMPLOYER may accept this Release any time before expiration of the thirty (30)
days, but not before the Effective Date, in which case EMPLOYER shall waive the remainder of
the consideration period. To accept, EMPLOYER must execute and mail the Release to the
EMPLOYEE'S currently known address or by hand delivery, EMPLOYEE has a period of
seven (7) calendar days after his delivery of the signed release to revoke it. To revoke,
EMPLOYEE must deliver a written notice of revocation to the office of the EMPLOYER'S
Administrator, located on the 8th floor of the Augusta Richmond County Municipal Building,
501 Greene Street, Augusta, Georgia. This release shall become effective on the eighth (8th) day
after delivery of this executed Release by EMPLOYER to EMPLOYEE provided that
EMPLOYEE has not revoked the Release, or on the effective date, whichever shall first occur.
4
13. EMPLOYEE ACKNOWLEDGMENT
EMPLOYEE acknowledges, warrants and represents that EMPLOYEE: (i) has carefully
read this Agreement and Release, is familiar with its contents, and finds that it is written in a
manner that EMPLOYEE understands; (ii) has been advised to consult and has discussed this
Agreement and Release and its effect with his personal attorney or has knowingly and
voluntarily waived the right to do so; (iii) understands he is giving up all claims, damages and
disputes that may have arisen before the date of this agreement and release; (iv) has had ample
time to review and analyze this entire Release; and (v) has signed this Release as EMPLOYEE'S
free and voluntary act, understanding its final and binding effect.
14. ENTIRE UNDERSTANDING
This agreement and release constitutes the entire understanding between the parties with
respect to the matters described herein, and supersedes and invalidates any and all prior to
contemporaneous actual or alleged oral or written agreements or understandings. EMPLOYEE
has not relied on any oral st~tements that are not included in this Release in voluntarily signing
this agreement and release.
15, CONSTRUCTION, JURISDICTION, AND VENUE
This agreement and release shall be construed, interpreted and applied in accordance with
the laws of the State of Georgia. The parties submit to the exclusive jurisdiction and venue of
the State and federal courts located within Richmond County, Georgia for the resolution of any
dispute which may arise hereunder.
16, SEVERABILITY
The provisions of this agreement are severable. If any part is found to be unlawful or
unenforceable, the other provisions shall remain fully valid and enforceable to the maximum
extent consistent with applicable law, unless to do so alters the essential purposes of the
agreement, in which case, the agreement will be reformed as necessary to as closely as possible
achieve its essential purposes,
17. NON-WANER OF RIGHTS
Any failure by EMPLOYER to enforce its rights and pnvileges under this agreement and
release shall not be deemed to constitute waiver of any rights and privileges contained herein.
18. CERTIFICATION
By signing this agreement and release, EMPLOYEE certifies that (a) he has carefully
read and fully understands the provisions of this Agreement, including the release and covenant
not to sue contained herein; (b) he has been advised by EMPLOYER in writing to consult with
an attorney before executing this agreement; and (c) he agrees to the terms of this agreement
knowingly, voluntarily and without intimidation or coercion.
5
IN WITNESS WHEREOF the undersigned hereunto set their hands and seals to this
agreement on the dates indicated below.
EMPLOYER:
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ALBERT H. GILLESPIE
Date: 2{..:L4;;r 'o,r
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Sworn to and subscribed before me
thia::J1 day of ::t'd . ,2005.
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EMPLOYE~
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BOB YOUN~ /i'r (('
Date: 2- ~ "S-
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ATTEST: ~a;/~
Clerk
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AL H. GILLESPIE
EMPID: 10607
DATE 02/18/05 PERIOD ENDING 02/11/05
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CHECK NO. 00245904
. GROSS TAXABLE, NET PAY TAX INFO ~EDERA~. STATE AFTER-tAX OED. CURRENT YEAR TO DATE
- CURRENT 39,245.10 39,245.10 29,500.00 FILE STATUS E M EFT #1 0.00 8,867.68
EXEMPTIONS 99 99 OLIFE AT 0.00 296.80
YEAR TO DATE 53,823.54 53,527.74 29,500.00 'ADDL. TAX 742.85 0.00 H/C 0.00 64.00
Y!':AR TO f;lA TE CU'RRENr SAFFEE 0.00 50.00
EARNINGS TYPE HOURS CURRENT TAXES YEAR TO DATE CHRTY 0.00 20.00
AD PAY $ 30,362.85 30,362.85 FIT 6,742.85 9,819.29 HCRFND 0.00 -8.00
REGULAR 13,485.06 FICA 2,433.20 3,318.72
VACPAYO$ 8,882.25 8,882.25 SIT 0.00 823.12
VAC USE 1,093.38 MEDI 569.05, 776.13
'[EMPLOYER PA,lo CURRENT YEAR TO DATE
FICA 2,433.20 3,318.72
, PRE-TAX OED, CURRENT' Y&.~ TO DAlE. POS-E1 0.00 1,230.28
FSA-MR 0.00 218.20 MEDI 569.05 776.13
I CMA3 0.00 615.40
OLIFE PT 0.00 53.00 LTD 9.00 40.80
CEV-E1 0.00 24.60 LIFE 64 0.00 25.48
VACATION HOURS: ACCR
0.00
USED
o . 00 BAL
175.94
SICK LEAVE HOURS: ACCR
0.00
USED 0 . 00 BAL
COMP-TIME HRS: BAL
329.06
0.00
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AUGUSTA-RICHMOND COUNTY
COMMISSION
ROOM 211, PAYROLL DEPARTMENT
530 GREENE STREET
AUGUSTA, GEORGIA 30911 '
PHONE (706) 621-2307
PAY TWENTY NINE Thousand
64'5
610
Check No. 00245904
TO
THE
ORDER
OF
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DATE AMOUNT!
02/18/05 ***29,500.00 ri
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NOT VALID FOR OVER $4,000 ~
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VOID AFTER 90 DAYS
AL H. GILLESPIE
2720 BOARS HE
AUGUSTA GA 3090
PAYROLL CHECK
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"See Reverse Side For Easy Open~ng Instructions"
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AUGUSTA-RICHMOND COUNTY
COMMISSION
ROOM 211, PAYROLL DEPARTMENT
530 GREENE STREET
AUGUSTA, GEORGIA 30911
PHONE (706) 621-2307
5500
AL H. GILLESPIE
2720 BOARS HEAD ROAD
AUGUSTA GA 30907
Augusta-Richmond County'Commission
Room 806 - Municipal Building
530 Greene Street- AUGUSTA, GA. 30911
(706) 821-1820 - FAX (706) 821-1835
www.augustaga.gov
DATE:
February 21, 2005
TO:
Administrator
SUBJECT:
AI Gillespie Settlement
We the undersigned Members of the Augusta-Richmond County Commission hereby
authorize the Administrator to do a settlement with former Fire Chief, Al Gillespie, in
the amountof$29,500.
::a
Commissioner Andy Cheek
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o missioner Marion Williams
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ommlssloner ar ara Ims
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Commissioner Jimmy Smith
Commissioner Richard Colclough
Commissioner Willie Mays
A~~1.'
Commissioner Bobby Hankerson
Commissioner Don Grantham