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HomeMy WebLinkAboutSeverance Agreement Elzie W. Reece II Augusta Richmond GA DOCUMENT NAME: ~ e. V E: R.. \01 o-lC~ n ~ (< am ~ "" E L"Z I 5 \IV. R IE: E:;Ce :rr. DOCUMENT TYPE: A ,,~~t.p)ebJ'J YEAR: dDOS- BOX NUMBER: g.5" FILE NUMBER: 11l, '5 ~ NUMBER OF PAGES: 9 SEVERANCE AGREEMENT AND RELEASE This agreement between ELZIE W. REECE, II (hereinafter "EMPLOYEE") and Augusta Richmond County, Georgia, a political subdivision of the state of Georgia, ("hereinafter, COUNTY"), a term which shall include its elected officials, officers, employees, agents, successors and assigns, and the Augusta-Richmond County Board of Assessors (hereinafter "Board") a term which shall include it's appointed officials, officers, employees, agents, successors and assigns. WHEREAS, EMPLOYEE, COUNTY, and BOARD have agreed to a severance of EMPLOYEE'S employment and the parties desire to provide for the resolution of all matters between them; and 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 and EMPLOYEE voluntarily waives these periods to the extent EMPLOYEE executes this agreement before the end of these periods; and WHEREAS, EMPLOYEE was advised in writing to consult with an attorney before signing this Release, and has consulted with an attorney; 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 COUNTY, BOARD and regard the representations by EMPLOYEE in this Release as material and that the COUNTY is relying on such representations in providing any severance payment to EMPLOYEE. NOW, THEREFORE, in consideration for the mutual promises and representations of EMPLOYEE, COUNTY and BOARD set forth herein, EMPLOYEE, COUNTY and BOARD agree as follows: 1. SEVERANCE PAYMENT AND INDEMNIFICA nON In consideration for EMPLOYEE'S release, promises, and covenants not to sue set out in this agreement, EMPLOYEE shall be separated and released from his employment and receive the gross sum of Thirty-Three Thousand, Six Hundred Fifty Seven and Seventy-Eight Hundredths ($33,657.78) as complete compensation for severance from employment with COUNTY, less applicable withholding for federal and state taxes and any other deductions, consistent with the schedule attached hereto and incorporated herein as exhibit "A." said sum shall be in lieu of and in satisfaction of any and all claims for compensation, and reflects compensation at the EMPLOYEE'S current rate of compensation and benefits and anticipated reimbursable expenses not to exceed $800.00 through and including June 17,2005." ~ .' . . I 1 .' . :3 ~9/{}D 2. EFFECTIVE DATE The last date of EMPLOYEE'S employment with or service to the COUNTY and BOARD shall be June 17,2005, ("Effective Date.") the last pay check shall be June 24, 2005. 3 . WAIVER and 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 COUNTY, 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, 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, and the EMPLOYEE expressly waives, releases and acknowledges satisfaction of all claims of kind against the BOARD, 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 (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 COUNTY and BOARD, the terms and conditions thereof, and the cessation of EMPLOYEE'S employment with COUNTY and BOARD. 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 COUNTY and BOARD to terminate the employment of Employee; arising from or in any way connected with COUNTY'S employment (including but not limited to those rights deriving under that contract of employment between the parties dated July 28, 2000, pay and other terms and conditions of employment or employment practices of COUNTY and BOARD; relating to the cessation of EMPLOYEE'S employment or the circumstances leading up to or surrounding the cessation of his employment with COUNTY and BOARD; 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 Income 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. 9 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 COUNTY'S obligations arising by virtue of this Release, claims of vested rights under ERISA or other retirement plan of COUNTY, or EMPLOYEE'S right to elect and pay for continuation of 2 his health insurance coverage under COUNTY'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 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 COUNTY, BOARD, or any of the other Released Parties. EMPLOYEE agrees that he has no present or future right to employment with COUNTY and BOARD 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-ADMISSION OF LIABILITY EMPLOYEE, COUNTY and BOARD agree that their entry into this agreement, and the agreements contained herein, are not and shall not be construed as an admission of liability on the part of any party hereto or any parties hereby released or held harmless. 7. COVENANT NOT TO SUE EMPLOYEE covenants not to sue COUNTY OR BOARD 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 COUNTY or BOARD and their respective 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 COUNTY, or of which he may have knowledge. EMPLOYEE agrees to continuously provide current telephone and address information to COUNTY and BOARD 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 3 ~ . . COUNTY, he shall provide written notice of such request to COUNTY and BOARD within three (3) calendar days of said request and will make no disclosure until COUNTY and BOARD have had a reasonable opportunity to contest the right of such requesting person or entity to such disclosure. 9. CONTINUED REPRESENT A nON The County Attorney or his designee will continue to defend EMPLOYEE in all pending litigation matters and in any potential lawsuits reasonably related to EMPLOYEE's employment with EMPLOYMENT and/or BOARD which may be filed within the applicable statue of limitations period, but in any event not after June 17, 2009. Payment of employment-related settlement or award shall be subject to Augusta Code 1-7-1. In the event it is determined that a conflict of interest exists, substitute counsel shall be selected by the COUNTY through its County Attorney. Substitute counsel, if any, shall not earn fees in excess of those earned by present counsel. If EMPLOYEE is required to testify or give depositions relating to any litigation during the agreed period before June 17, 2005, no additional compensation shall be paid. After June 17,2005 reasonable expenses of attendance shall be paid as provided by law. 10. RETURN OF PROPERTY BY EMPLOEE AND BOARD On or before June 17, 2005, EMPLOYEE shall return all of COUNTY'S and BOARD'S property in EMPLOYEE"S possession or control, including without limitation all cell phones, keys, credit cards, and other personal items or equipment provided by COUNTY and BOARD for use during EMPLOYEE'S employment, together with all written or recorded materials, documents, computer discs, plans, records, files, drawings or papers, relating to the affairs of the COUNTY. County will provide at no charge copies of employees personal contact list now in electronic form to employee which shall include his resume and persona correspondence. COUNTY and BOARD shall allow EMPLOYEE to remove all personal items from his office on or before April 2, 2005. Counsel for COUNTY and BOARD and counsel for EMPLOYEE shall decide any dispute relating to the status of any property as to its ownership by the COUNTY or the EMPLOYEE. Through December 31, 2005, EMPLOYEE'S personal mail received by BOARD and/or COUNTY shall be forwarded to EMPLOYEE'S home address at 2735 Henry Street, Augusta, Georgia 30909-3843 at no charge to EMPLOYEE. 11. NEUTRAL REFERENCE Upon request, COUNTY and BOARD will provide a reasonably neutral reference to potential future employers of EMPLOYEE. 12. PERMITTED FUTURE SERVICES 4 . l During this separation period ending June 17, 2005, EMPLOYEE will be allowed to perform appraisal services, real estate brokerage services and accept employment without any restriction, except he will not be able to work as an agent of Augusta-Richmond County. 13. -EMPLOYER' 8 REYOCA TION RlGtfftb For a p iod of up to and including seven (7) days after the execution of this agreement, EMPLOY ay revoke it entirely. No rights or obligations contained in this agreement shall become enforcea efore the end of the 7-day revocation period. If EMPLOYEE decides to revoke this Agreement, PLOYEE must deliver a signed notice of revocation to the i),.,Je'/"'" I COUNTY' s Administrator, 10 on the 8th floor of the Augusta-Richmond County Municipal ~' 'LCf Building, 501 Greene Street, Augusta:, orgia on or before the last day of this 7-day period. ~ Upon delivery of a timely notice of revocatio, is agreement shall be revoked, cancelled and void, and neither the EMPLOYEE, COUNTY nor shall have any rights or obligations ~ 41{ under this agreement. , Qs 14. REVIE'N AND REVOCATION fERIOB E OYEE is advised to review this agreement and release with EMPLOYEE'S attorney prior executing and delivering it to the COUNTY and BOARD. EMPLOYEE has thirty (30) days receipt of this Release to consider and execute it, after which time the offer of this Agreement an elease (i.e. severance payment) shall expire, be rescinded and may no longer be accepted. CO TY and BOARD may accept this Release any time before expiration r L I of the thirty (30) days, but no efore the Effective Date, in which case COUNTY shall waive the "'e/eTtt:t ~ remainder of the consideration p . od. To accept, COUNTY and BOARD must execute and J/ mail the Release to the EMPLO 's currently known address or by deliver it by hand ~ delivery. EMPLOYEE has a period of en (7) calendar days after his delivery of the signed release to revoke it. To revoke, EMPLOY must deliver a written notice of revocation to the 3 <.')./ office of the COUNTY'S Administrator, loca on the 8th floor of the Augusta Richmond ~ ~ County Municipal Building, 501 Greene Street, Au ta, Georgia. This release shall become effective on the eighth (8th) day after delivery of thl ecuted Release by COUNTY to EMPLOYEE and BOARD, provided that EMPLOYEE has no voked the Release, or on the effective date, whichever shall first occur. 15. 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. 5 ~ , . 16. 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, contemporaneous, actual or alleged oral or written agreements or understandings. EMPLOYEE has not relied on any oral statements that are not included in this Release in voluntarily signing this Agreement and Release. 17. 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. 18. 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. 19. NON-WAIVER OF RIGHTS Any failure by COUNTY and BOARD to enforce their respective rights and privileges under this Agreement and Release shall not be deemed to constitute waiver of any rights and privileges contained herein. 20. 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 COUNTY and BOARD 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. SIGNATURES APPEAR ON THE FOLLOWING PAGE 6 ( IN WITNESS WHEREOF the undersigned hereunto set their hands and seals to this agreement on the dates indicated below. ~~~ C~(S)) Date: l'Y\~~", ~S Sworn to and subscribed b:2:e me this ~~f ~. ~/ Notary u lic ~ 6rJ ' ATTEST: ~':'. i ,; Q., (ip .:)~" , ' It ,:,p ~~' ..... iJz' .~'-; :~H_'_ ~ Clerk G. '"0/; .-- ::'UNTY:~ ~~ BOB YOUNG, Mayo Date: "/--/ I-O~ CA/~ -' , _;.-,0:. \,' I '"- ..~-t BOARD: ~ By:~;7~ t. V CH~ES SMITH, Chair , -l()Date: /.:2 -OS- (LIS)) ATTEST: v& /J,~cuJ elm ~ Ec2I€-(3 7711e.,y 7 "'. Exhibit "A" TO SEVERANCE AGREEMENT AND RELEASE E.W. "Sonnv" Reece, II rillSt, 15t\ 29t\ Ma 13t\ 27t\ and Jun 10th $ 3,397.58 $ 364.26 $ 160.73 $ 203.21 $ 47.52 $ 91.09 $ 8.45 $1.16 $ 11.20 $ 20.50 $ 123.00 $ 135.90 $ 200.00 $ 24.00 $ 2,006.56 For Pa Period with Check dated: June 24th ncrease Due to Vacation Pa out Gross Salar for This Pa Period $ 3,397.58 Gross Vacation Pa Out $ 9,874.72 Total Gross Check for This Pa Period $ 13,272.30 Fit (Federal Income Tax $ 3,210.42 Sit (State Income Tax $ 729.51 FICA Social Secuti $ 815.44 Medi edicare $ 190.71 Credit Union $ 200.00 Net Severance Payment for June 24t $ 8,326.22 Check Allowance not to exceed $800.00 for continuing professional education. ~