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HomeMy WebLinkAboutALMA STEPHENSON RESOLUTION AUTHORIZING RETIREMENT AND SETTLEMENT OF ALL CLAIMS $12,899.64 RESOLUTION RESOLUTION AUTHORIZING THE RETIREMENT OF ALMA STEPHENSON AND THE SETTLEMENT OF ALL CLAIMS BY ALMA STEPHENSON, IN THE AGGREGATE AMOUNT OF TWELVE THOUSAND EIGHT HUNDRED NINETY -NINE DOLLARS AND SIXTY- FOUR CENTS ($12,899.64) AND THREE (3) YEARS OF RETIREMENT CALCULATION BASED ON THE SALARY OF $66,807.82 PER ANNUM; AUTHORIZING THE COUNTY ADMINISTRATOR TO DISBURSE SETTLEMENT FUNDS; WAIVING AUGUSTA-RICHMOND COUNTY CODE OF ORDINANCES SECTIONS IN CONFLICT FOR THIS INSTANCE ONLY; AND FOR OTHER PURPOSES. WHEREAS, Alma Stephenson, a current employee of Augusta-Richmond County seeks to retire from Augusta-Richmond County on or before January 29,2010; WHEREAS, Alma Stephenson has alleged violations of the Equal Pay Act of 1963 as amended and made other claims against Augusta-Richmond County; WHEREAS, both Alma Stephenson and Augusta-Richmond County desire to settle all claims; and WHEREAS, Claimant has agreed to settle all claims against Augusta-Richmond County for the sum of Twelve Thousand Eight Hundred Ninety-Nine Dollars and Sixty-Four Cents ($12,899.64) and three (3) years of retirement calculation based on the salary of $66,807.82 per annum; WHEREAS, it is in the best interests of Augusta-Richmond County to resolve this matter; WHEREAS, Augusta-Richmond County acknowledges that the payment set forth herein does not constitute any admission of liability on the part of Augusta-Richmond County and liability is expressly denied; NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission, Section 1: The Augusta-Richmond County Commission will accept the retirement of Alma Stephenson on or before January 29, 2010 and settle the claims of Alma Stephenson for the aggregate amount of Twelve Thousand Eight Hundred Ninety-Nine Dc,llars and Sixty-Four Cents ($12,899.64) and three (3) years of retirement calculation based on the salary of $66,807.82 per annum. Section 2: The County Administrator is authorized to pay a total sum of Twelve Thousand Eight Hundred Ninety-Nine Dollars and Sixty-Four Cents ($12,899.64) to Alma Stephenson and to provide her with three (3) years of retirement calculation based on the salary of$66,807.82 per annum. Settlement Resolution Alma Stephenson Page 2 of2 Section 3: To the extent that any section of the AUGUSTA, GA. CODE is in conflict herewith, that subsection is waived for this instance only. Adopted thi0 day ofJanuary, 2010. \,GW1 T\ \\1[10 c!J~A(- David S. Copenhaver As its Mayor / 11 Seal: CERTIFICATION The undersigned Clerk of Commission, Lena 1. Bonner, hereby certifies that the foregoing Resolution was duly adopted by the Augusta-Richmond County Commission on January 5, 2010 and that such Resolution has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Resolution which was approved and adopted in the foregoing meeting(s). lua/ a J. Bo er, Clerk of Commission t:t AGREEMENT AND GENERAL RELEASE 1. Parties And Released Parties: This document sets forth the terms and conditions of the Agreement and General Release (hereinafter "Agreement") by and between Alma Stephenson (hereinafter "the Releasor") and Augusta, Georgia d/b/a Augusta, Richmond County (referred herein as "ARC" or "Releasee"). The term "Releasee" as used herein shall be defined as ARC and all current and former commissioners, employees, servants, agents, officials, insurers, and attorneys, in their official and individual capacities, together with their predecessors, successors and assigns, both jointly and severally. In consideration of the mutual covenants and agreements set forth below, the parties agree as follows: 2. Termination of Emvlovment: The Releasor agrees and covenants that the Releasor will resign from employment with ARC on or before January 29, 2010. The Releasor agrees and covenants that the Releasor has not and will not, apply or reapply for a direct hire position of employment with the ARC at any time in the future following her resignation date. Upon written approval of the Administrator, Releasor is permitted to be retained as a non-employee consultant/independent contractor of Augusta- Richmond County. This covenant by the Releasor also extends to ARC's insurers and attorneys. 3. Payment And Consideration: A. Within thirty (30) days of ARC's approval of this Agreement executed by the Releasor, ARC shall pay to the Releasor a total payment of Twelve Thousand Eight Hundred Ninety-Nine Dollars and Sixty-Four Cents ($12,899.64). This amount is based on the Releasor's claims for unequal pay, discrimination, and other claims of any nature as indicated below. B. The total settlement payment stated above shall be distributed through one check made payable to Alma Stephenson. C. Effective beginning on November 24,2009, Releasor's salary shall be set at $66,807.82 per annum. D. In addition to any other retirement incentive currently available, Releasor shall receive three (3) years of retirement calculation based on the salary of $66,807.82 per annum. 4. General Release: A. F or and in consideration of the total payment and benefits specified above and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Releasor does knowingly and voluntarily release and forever discharge the Releasee from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, damages, judgments, claims, and demand whatsoever in law or in equity (hereinafter collectively referred to as "claims"), whether known or unknown, which the Releasor ever had, now has, or may or might in the future have against the Releasee, based on any acts, omissions, transactions, or occurrences whatsoever from the date of the beginning of the world to the effective date of this Agreement, and specifically, but not by way of limitation, to those claims arising by reason of, or in any way connected with, or which are or may be based in whole or in part on, or do or may arise out of, or are or may be related to or with: (i) terms and conditions of employment and/or compensation for employment by ARC (including the former City of Augusta and the former Richmond County) and the Releasor; (ii) unlawful acts of any kind arising under or in reliance upon any statute (federal, state or local); (iii) deprivation of civil rights, unlawful acts of any kind, or discrimination under state, local or federal law or otherwise including, but not limited to, Equal Pay Act of 1963 as amended, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; 42 D.S.C. SS 1981 and 1983; the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Protection Act; the Americans with Disabilities Act; and the Family and Medical Leave Act; (iv) interference with or breach of contract (express or implied, in fact or in law), detrimental reliance, breach of duty of good faith and fair dealing (express or implied) and/or breach of contract of any kind; (v) retaliatory or wrongful discharge, breach of policy and/or public policy, bad faith discharge, negligence (per se or otherwise), negligent hiring/supervision/training/retention, intentional or negligent infliction of emotional or mental distress, invasion of privacy, deceit, interference with advantageous relations, outrageous conduct, inducement, fraud, false imprisonment, assault, battery, false arrest, malicious prosecution, breach of duty, libel, slander, and/or tortious and/or criminal conduct of any kind; (vi) interference with business relationships, contractual relationships, or employment relationships of any kind; loss of consortium; (vii) (viii) any and all other claims arising under law or equity. B. Without limiting the generality of the foregoing, the Releasor acknowledges and covenants that, in consideration for the sums being paid and provided herein by ARC to the Releasor, the Releasor has knowingly and voluntarily relinquished, waived, and forever released any and all rights, damages, and remedies which might otherwise be available to the Releasor, including, without limitation, claims for contract or tort damages of any type, back pay, front pay, emotional damages, mental damages, damages for anguish or anxiety, punitive damages, incentive pay, liquidated damages, special or consequential damages, lost benefits of any kind, including, without limitation, pension, life insurance, vacation pay, disability insurance, sick pay, severance payor medical insurance or benefits, recovery of attorneys' fees, costs, expenses of any kind, reinstatement to a position of employment, reemployment, or employment with ARC at any time. C. It is further understood and agreed that this Agreement and the payment made hereunder constitutes full and final satisfaction of all claims of every nature, direct or indirect, against all persons, firms, or corporations, including those who are or might be held to be joint and/or successor tortfeasors, with any of the parties released hereby, as well as those to whom any of the parties released are, or may be held to be, liable by way of contribution or indemnity for the payment of all or any part of any claim arising out of, or directly or indirectly related, to the claims set forth in this Agreement. D. Notwithstanding the foregoing, the Releasor does not release any claims under the Age Discrimination in Employment Act that may arise after the date of execution of this Agreement as provided for by the Older Workers Benefit Protection Act. The parties further agree that, notwithstanding any provision herein to the contrary, the parties acknowledge that Releasor may exercise any right provided by the Older Workers Benefit Protection Act concerning the obtainment of a judicial determination of the validity of this Release and Agreement and the Releasee may not abrogate this Agreement because of such action by the Releasor. E. For and in consideration of the Releasor's covenants herein, the receipt and sufficiency of which are hereby acknowledged, ARC does knowingly and voluntarily release and forever discharge the Releasor from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, damages, judgments, claims and demand whatsoever in law or in equity (hereinafter collectively referred to as "claims"), whether known or unknown which they ever had, now have, or mayor might in the future have against the Releasor, based on any acts, omissions, transactions, or occurrences whatsoever from the date of the beginning of the world to the effective date of this Agreement, including any claims based on federal or state law. 5. Covenant Not To Sue: The Releasor further covenants and acknowledges that neither the Releasor, nor any person, organization or other entity acting on the Releasor's behalf has or will sue or cause or permit suit against the Releasee upon any claim released herein or to participate in any way in any suit or proceeding or to execute, seek to impose, collect, or recover upon or otherwise enforce or accept any judgment, decision, award, warranty, or attachment upon any claim released herein. In the event that the EEOC pursues a claim against ARC for actions allegedly taken against the Releasor by ARC prior to the effective date of this Agreement, the Releasor waives any right of recovery of monetary damages arising out of that pursuit by the EEOC. 6. No Loss Of Consortium: The Releasor hereby represents and warrants that, at all times pertinent, no person sustained any loss of consortium, or has any claim whatsoever for any injury or damage alleged to have been sustained by the Releasor; and the Releasor does further agree to indemnify, defend, and hold harmless the Releasee hereunder from any action which may arise in connection therewith to include any attorneys' fees, expenses of any kind, or court costs associated with any such action. 7. Knowin2 And Voluntary Waiver And Release: A. It is understood and agreed that this Agreement is executed by the Releasor knowingly and voluntarily and is not based upon any representations or statements of any kind by any person as to the merits, legal liabilities or value of the Releasor's claims. B. The Releasor also acknowledges that no promise or inducement has been offered or made except as set forth in this Agreement. The Releasor further acknowledges that consideration for this Agreement consists of financial payments and benefits to which the Releasor otherwise has no legal entitlement. C. Releasee acknowledges that no promise or inducement has been offered or made except as set forth in this Agreement. The Releasee further acknowledges that consideration for this Agreement consists of the agreement not to pursue legal action and benefits to which the Releasee otherwise has no legal entitlement. D. As part ofthe consideration for the conditions ofthe settlement as set forth above, the parties expressly warrant and represent to each other that: (a) they are legally competent to execute this Agreement; (b) they have not assigned, pledged, or otherwise in any manner whatsoever sold or transferred, either by instrument in writing or otherwise, any claim, cause of action, or other legal right of whatever kind and nature, which they have or may have by reason of the incident described above or any matters arising out of or relating thereto; (c) there are no outstanding subrogation claims or liens of any type or character, by reason of the incident detailed herein, including no lien or right of reimbursement for any healthcare-related expenses relating to or in any way connected with the claims asserted in the above-styled civil action, including but not limited to liens or rights created by or pursuant to agreement; state or federal law; a.c.G.A. SS 44-14-470, et seq. and 49-4-148, et seq.; Medicare/Medicaid; TRICARE; CHAMPV A; ERISA; or employee benefit plan; and (d) all healthcare-related, medical, dental, pharmacy, hospital, nursing home, physician practice, and provider of traumatic bum care medical practice charges and bills incurred for treatment of injuries relating to or in any way connected with the claims asserted in the above-styled civil action for which a compromise and settlement has been made have been fully paid. 8. Rieht To Retain Advisor Or Counsel: It is understood that the Releasor has the right and opportunity to consult fully with legal counselor other advisor prior to signing this Agreement and is advised to consult with legal counsel prior to signing this Agreement. 9. Entire Aereement: A. This Agreement constitutes the entire agreement between the Releasor and the Releasee pertaining to those subjects contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings. It is expressly understood and agreed that this Agreement may not be altered, amended, modified, or otherwise changed in any respect or particular manner whatsoever except by a writing duly executed by the Releasor and an authorized representative of ARC. B. In the event a portion of this Agreement is held to be legally invalid by a competent court of law, the invalid portion shall be stricken and all other obligations shall remain valid and mutually binding on the parties and not be affected thereby. 10. Effective Date: The Releasor retains the right to revoke this Agreement for seven (7) days after execution thereof by Releasor. This Agreement shall not become effective or enforceable until the aforesaid revocation period has expired. The Releasor acknowledges that upon expiration of the revocation period, this Agreement will be binding and will be irrevocable. The Releasor acknowledges that revocation of this Agreement must be made in writing and received by the below-named individual executing this Agreement on behalf of ARC within seven (7) days after the Releasor's execution of this Agreement. The Releasor acknowledges and agrees that acceptance of the benefits specified herein after the revocation period expires acknowledges that the Releasor has not revoked this Agreement as permitted under this paragraph. Provided the revocation period has expired, the effective date of this agreement shall be the date this agreement is approved by an authorized ARC representative. 12. Successors And Assiens: This Agreement shall be binding upon the Releasor and the Releasor's heirs, executors, administrators, assigns, successors, beneficiaries, employees, and agents, and shall inure to the benefit of the Releasee and its predecessors, successors and assigns. 13. Non-Admission: The Releasor acknowledges that the payment set forth herein does not constitute any admission of liability on the part of the Releasee, by whom liability is expressly denied. The Releasor further acknowledges that, although she initiated the legal proceedings which are the subject of this Agreement in a good-faith belief that she had been treated unlawfully, this Agreement reflects that no action ARC took towards Releasor violated any law, rule, regulation, statute or order of any kind. 14. Miscellaneous: A. The Releasor acknowledges that the Releasor has twenty-one (21) days within which to consider whether or not the Releasor desires to enter into this Agreement and any decision by the Releasor to execute this Agreement prior to that time is a knowing and voluntary decision. B. The Releasor acknowledges that, by signing this Agreement, the Releasor is giving up rights the Releasor has. The Releasor acknowledges that the Releasor does not have to sign this Agreement. C. This Agreement is executed with the full knowledge and understanding on the part of the Releasor that there may be more serious consequences, damages, or injuries, which are not now known, and that any draft or benefits conferred herein to the Releasor in consideration of this Agreement are accepted as final. The Releasor further agrees and represents that it is within the Releasor's contemplation that the Releasor may have claims against the Releasee of which, at the time of the execution of this Agreement, the Releasor has no knowledge or suspicion, but the Releasor agrees and represents, without affecting the generality of the foregoing paragraphs, that this Agreement extends to all claims in any way based upon, connected with, or related to the matters described herein, whether or not known, claimed, or suspected by the Releasor occurring before the effective date of this Agreement. D. The Releasor hereby acknowledges that, by executing this Agreement, the Releasor acknowledges the settlement of her claims for an amount above and that such acknowledgement waives any special notice required under a.c.G.A. ~ 33-24-41.2 of a payment by an insurer or its representative to the Releasor. E. The Releasor agrees to pay federal or state taxes, if any, which are required by law to be paid with respect to this settlement, with the exception of the employer's share of FICA or FUT A on those amounts paid as wages. The Releasor further agrees to indemnify and hold the Releasee harmless from any claims, demands, deficiencies, levies, assessments, executions, judgments, or recoveries by any government entity against the Releasee for any amounts claimed due on account of this Agreement or pursuant to claims made under any federal or state tax laws, and any costs, expenses, or damages sustained by ARC by reason of any such claims, including any amounts paid by ARC as taxes, attorneys' fees, deficiencies, levies, assessments, fines, penalties, interest, or otherwise, other than as specifically set forth herein. F. The Releasor acknowledges that neither the Releasee nor its attorneys make any representation as to the tax consequences, if any, of the provisions of this Agreement. G. It is agreed that neither the existence of this Agreement nor any of its provisions shall be offered in evidence by any of the parties hereto, or their agents, in any action or proceeding other than an action to enforce this Agreement. H. This Agreement shall be governed and construed in accordance with the laws of the State of Georgia. 1. This Agreement was drafted by legal counsel for Releasee, but the parties acknowledge and agree that counsel for the Releasor had a full opportunity to review this Agreement and make revisions prior to the execution of this Agreement by the Relasor or her counsel. J. Without limiting the generality of the foregoing, the Releasor further covenants that, should the Releasor, following the effective date of this Agreement, make any claim of any kind against the Releasees for conduct that occurs following the effective date of this Agreement, the Releasor agrees and covenants that the Releasor will not claim in any respect that any conduct by the Releasees, based on any acts, omissions, transactions or occurrences arising out of or related to or with any claim released herein, constituted an unlawful conduct against the Releasor or any other person. Without limiting the generality of the foregoing, the Releasor agrees and covenants that, in any subsequent proceeding of any kind in which the Releasor is party plaintiff, either individually, or as a member of a class, the Releasor will introduce no evidence against the Defendants of the events preceding the effective date of this Agreement and, if asked, will deny the Releasor was treated wrongfully by the Defendants at any time prior to the effective date of this Agreement. SIGNATURES ON FOLLOWING PAGE IN AGREEMENT HERETO, the Releasor and the below representative of ARC set their hand and seal. 14 .?',L~ It;ll~~ ~0LtA ' ' . ! Date Alma Stephenson Releasor / }~;/O I t ~ l. 'tf\ 'r\U ' cQ~(A.~ Augusta, Georgia Mayor, Deke Copenhaver Date \ I i I (I 0 Approved: d~/{ Iftt'lk,t Date Ill/i/) Andrew G. MacKenzie ~ Attorney for Augusta, Georgia