HomeMy WebLinkAboutKenneth Mass
Augusta Richmond GA
DOCUMENT NAME: ,?-exJndn mo.~ ~
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F~ENUMBER: \~lL\\
NUMBER OF PAGES: l\
LAWDEPARTMENT ;
Ms, Vanessa Flournoy
Staff Attorney
525 Telfair Street -Augusta. GA 30901
(706) 312-5520 FAX (706) 821-1806
MEMORANDUM
TO:
Ms. Lena Bonner, Clerk of Conm1ission
SUBJECT:
Vanessa Flournoy, Staff Attorney \I1-~
Release/Covenant Not to Sue - Kenneth Mass .
FROM:
DATE:
November 5,2001
Please file with the official records the enclosed Release/Covenant Not to Sue between
Kenneth Mass and Augusta, Georgia.
Thank you.
VF/bhg
Mr. George Kolb, Administrator
Mr. James B. Wall, County Attorney
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RELEASE/COVENANT NOT TO SUE
This RELEASE/COVENANT NOT TO SUE (hereinafter "Covenant" or
"Covenant Not to Sue") is executed on the date written below, between KENNETH
MASS, hereinafter referred to as, "COVENANTOR," and AUGUSTA, GEORGIA, a
political subdivision of the State of Georgia, and the Augusta-Richmond County
Commission, and their officials', officers, agents, representatives, employees (hereinafter
collectively referred to as 'COVENANTEE").
In consideration for the sole consideration of Five Thousand Dollars ($5,000.00)
with legal deductions in hand paid and an adjustment of his salary to $27,762.62,
effective October 1, 2001, Covenantor covenants as follows:
1. Covenantor hereby releases and agrees that he will never institute any
action, claim or suit at law, in equity, or administratively, against Covenantee, nor
institute, prosecute or in any way aid in the institution or prosecution of any claim,
demand, action, or cause of action for damages caused, loss of income or benefits,
expenses, or compensation for or on account of any such damage, loss or injury, whether
known or unknown, now existing, resulting, or to result from, or arising out of or relating
in any way to Covenantor's employment with Covenantee for the period of to
SeptemberJO, 2001, or its predecessor Richmond County, Georgia, or arising out of or
relating in any way to the Covenantor's complaint letter. Covenantor and Covenantee
intend that this general release'shall discharge Covenantee to the maximum extent
permitted by law.
2. Covenantor represents to Covenantee that Co.venantof's decision to settle
this. claim is completely voluntary, and Covenantor warrants to Covenantee that: (1)
Covenantor had sufficient time to consider his options; (2). Kenneth Mass has been
advised of his r(ght to consult' an, attorney to review this agreement; and (3) Covenantor
was not subjected to any threats,' intimidation, or coercion by Covenantee or its
representatives regarding his election to settle this clai.m.
,3. Covenantor understands a.nd agrees that he was given a period of twenty-
one (21) days in which to consider the Covenant Not to Sue in conjunction with his
voluntary acceptance of this settlement.
4. Covenantor represents toCovanantee that Covenantor has not been
discriminated against by Covenantee and/or its predecessor Richmond County, Georgia,
nor any official, agent, representative, or employee of any of these entities, on the
account of Covenantor's race, disability, sex, religion, age or nation origin. Liability is
hereby expressly denied by each of the above named parties to this release
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5. Covenantor represents to Covenantee that there have been no statements,
promises, or inducements made by Augusta, Georgia, its Mayor, the Augusta-Richmond
County Commission, its predecessors Richmond County, Georgia, nor any official,
agents, representative, or employee of any of these entities, as to the Covenantor's rights
other than as supplied to the Covenantor as contained in this Release/Covenant Not to
Sue.
6. In addition to the foregoing, and not by way of limitation thereof,
Covenantor hereby specificaIly releases Covenantee from any and all causes of action,
liability and damages in connection with or arising under the Age Discrimination in
Employment Act, Title VII of the Federal Civil Rights Act of 1964, as an:ended, and the
Civil Rights Act of 1991, as amended, the Americans with Disabilities Act and any and, ~
all other federal, state and/or local statutes, ordinances, rules and regulating
promulgations in connection therewith, so far as such causes of action, liability or ;1:A',
damages may relate to the Covenantor's employment with the Covenantee and/or its
predecessors Richmond County, Georgia and/or the Covenantor's acceptance of this
settlement. This Covenant Not to Sue shaIl not include any claims arising after the ~ I a.--
effective date of this Covenant. VIL,O '
7. This Covenant shaIl inure to the benefit of Augusta, Georgia, its Mayor
and Commission, its elected officials, officers, agents, representatives, employees, and
the Board of Tax Assessors. It shaIl bind Covenantor, his spouse, heirs, and legal
representatives.
8. Covenantor has carefuIly read the foregoing Covenant Not to Sue and
knows, understands, and affirms the content thereof. Covenantor has been advised in
writing and has been given the opportunity to consult with his attorney regarding the
foregoing Covenant Not to Sue,
9. Covenantor understands and agrees that he has seven (7) days from the
date of execution of this Covenant Not to Sue in which to revoke the same. This
Covenenant Not to Sue shaIl not be effected until after (7) days from the date of
execution.
10. Upon execution of this agreement, Coventee shaIl pay the sum of Five
Thousand Dollars ($5,000.00) with legal deductions to Kenneth Mass and adjust
Covenantee's salary to $27,762.62, effective Octoberl, 2001. This salary shaIl include
the 2001 cost ofliving increase for, Covenantee's employees.
11. The parties hereto understand and agree that if any part, term or provision
of this Covenant is finaIIy determined by the courts to be illegal, unenforceable, or in
conflict with any law of the State of Georgia or federal law, the validity of the remaining
portions or provisions shaIl not be construed and enforced as if the Covenant did not
contain that particular part, term or provision determined to be invalid.
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IN WITNESS WHEREOF, Covenantor has executed this Covenant at Augusta,
Georgia, on the day and year written beside his signature.
THIS IS A RELEASE! READ BEFORE SIGNING!
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Date of Execution
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ignature of Covenantor
Kenneth Mass
~~ 'f[JttLfA~~
SIgn e of WItness