Loading...
HomeMy WebLinkAboutRESOLUTION AUTHORIZING SETTLEMENT OF ALL CLAIMS BY PHILLIP K WASSON RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS BY PHILLIP K. WASSON IN EXCHANGE FOR A VOLUNTARY LEAVE OF ABSENCE WITHOUT PAY, THE OPPORTUNITY TO RETIRE AND OBTAINING A NEUTRAL REFERENCE; AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE ANY NECESSARY SETTLEMENT PAPERWORK; WAIVING AUGUSTA, GEORGIA CODE OF ORDINANCES SECTIONS IN CONFLICT FOR THIS INSTANCE ONLY; AND FOR OTHER PURPOSES. WHEREAS, Phillip K. Wasson, employee of Augusta, Georgia, wishes to retire from employment with Augusta, Georgia and to waive any and all claims against Augusta, Georgia as a result of his employment; WHEREAS, all parties to said relationship desire to settle all claims; WHEREAS, the General Counsel considers it to be in the best interests of Augusta, Georgia to resolve this matter and recommends that it accept Phillip K. Wasson's leave of absence without pay, allow Mr. Wasson to retire, and to provide Mr. Wasson a neutral reference to settle any and all claims of Mr. Wasson against Augusta, Georgia arising out of his employment; and WHEREAS, Augusta, Georgia admits no liability on the part of itself or its current and former commissioners, employees, servants, agents, officials, insurers, or attorneys; NOW, THEREFORE, BE IT RESOLVED by the Augusta, Georgia Commission, Section 1: Phillip K. Wasson took a leave of absence without pay from November 23, 2010 through November 30, 2010 and shall not be paid for such time. Section 2: The Augusta, Georgia Commission will settle any and all claims of Phillip K. Wasson in exchange for the opportunity to retire and obtaining a neutral reference. Section 3: The County Administrator is authorized to execute all other paperwork necessary to effectuate the settlement. Section 4: To the extent that any section of the AUGUSTA, GA. CODE is in conflict herewith, that subsection is waived for this instance only. Settlement Resolution Phillip K. Wasson Page 2 of 2 Adopted this day of , 2010. p it David S. Copenhaver As its Mayor 000 Attest: Lena J. Bonner, Clerk of Commission Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Resolution was duly adopted by the Augusta - Richmond County Commission on , 2010 and that such Resolution has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Resolution which was approved and adopted in the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). Lena J. Bonner, Clerk of Commission SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS THIS SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS ( "Agreement ") is made and entered into by and between Phil Wasson (referred to as "Employee ") and Augusta, Georgia Board of Commissioners, through the Administrator, its 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 "Employer "). THE PARTIES acknowledge the following: Employee wishes to be allowed to voluntarily retire in lieu of being discharged for violating one or more of Augusta, Georgia's policies. Employee desires to receive a neutral reference following termination, and Employer is willing to provide a neutral reference to Employee 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. Termination of Employment. Employee hereby acknowledges he is taking a voluntary leave of absence without pay until November 30, 2010 and that his employment with the Employer shall terminate effective November 30, 2010 due to voluntary retirement (the "Retirement Date "). 2. Consideration. In consideration for his execution of this Agreement, the Employer agrees to allow Employee to voluntarily retire from employment effective November 30, 2010 and to provide a neutral reference as described in Section 6 herein. 3. Waiver and General Release of Claims. In consideration for this Agreement, Employee waives releases, discharges and forgives the Employer, from any and all claims, causes of action, liabilities or damages of any nature whatsoever, known or unknown, which Employee had, has, or may have against the Employer, existing or arising at any time up to the date Employee signs this Agreement (collectively "Claims "), including, but not limited to, all Claims related to the Employment Agreement, all Claims under any federal, state or local decisional law, statutes, regulations or constitutions, any Claims for notice or pay in lieu of notice, wages, wrongful termination, discrimination, retaliation or harassment on the basis of any factor including, without limitation, any Claims arising under the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Employee Retirement Income Security Act of 1974, the National Labor Relations Act, the Americans With Disabilities Act, the Equal Pay Act of 1963, the Fair Credit Reporting Act, the Worker Adjustment and Retraining Notification Act, the Immigration Reform and Control Act, Sections 1981 through 1988 of Title 42 of the United States Code of Laws, the Family and Medical Leave Act, the Fair Labor Standards Act, the Uniformed Services Employment and Re- Employment Rights Act, and any amendments to these statutes, as well as any other federal, state or local laws concerning employment, termination of employment, or employment discrimination, and any Claims arising in tort, contract, or equity, 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 Employer 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 Employer 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 Employer 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 he might otherwise be entitled. 4. Employee Affirmations. Employee acknowledges and affirms that, as of the date of signing this Agreement, Employee: (1) has been paid all c s mpensation, wages, bonuses, commissions, and/or benefits to which Employee may be entit - •16P ) has no known workplace injuries or occupational diseases other than as previ• . - ' reported in writing; (3) has not been denied leave pursuant to Employer policy or t - 'amily and Medical Leave Act and has received all such leave to which Employee was e • ed; (4) has not divulged any proprietary or confidential information of the Employer and ' ill continue to maintain the confidentiality of such information; and (5) has not filed, ca sed to be filed, and presently is not a party to any claim against the Employer. 5. Employee Cooperation. To the extent requested by Employer, Employee agrees that, until his Retirement Date, he shall make himself available for assistance and consultation in investigating and /or resolving any issues that arose during Employee's employment with Employer or that arise as a result of Employee's cessation of employment with Employer. To the extent that any matters arise that require Employee's involvement in order to be properly resolved, Employee agrees is coope ate fully with Employer in the resolution of such m tters. ■ 2 6. 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. 7. 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 consideration specified herein except for execution of this Agreement and fulfillment of the promises contained herein. 8. Return of Property. Employee agrees, upon signing this Agreement, to return any and all property (including all copies or duplicates thereof) belonging to Employer, which remain in his possession. 9. 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. 10. Special Notification Regarding Age Discrimination. Because this Agreement includes a waiver and release of claims arising under the Age Discrimination in Employment Act, federal law provides that Employee may have twenty -one (21) days from receipt of the Agreement to review and consider this Agreement before signing it. Federal law also provides that Employer must advise Employee to consult with an attorney before signing this Agreement. This Agreement constitutes such notice. Employee understands that it is Employee's decision whether or not to consult an attorney. Pursuant to federal law, Employee is further advised that this waiver and release do not apply to claims that arise after Employee signs this Agreement. Employee further understands and agrees that Employee is receiving additional consideration that Employee would not be entitled to receive under any Employer policy, practice or plan of Employer if Employee did not execute this Agreement which includes the waiver and release of claims under the Age Discrimination in Employment Act. 3 11. 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 Frederick Russell, Administrator. The revocation must be personally delivered to or mailed to Frederick Russell (Room 801 — Municipal Building, 530 Greene Street, 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. 12. 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. 13. 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: A. EMPLOYEE HAS CAREFULLY READ THIS ENTIRE AGREEMENT; B. EMPLOYEE POSSESSES SUFFICIENT EDUCATION AND /OR EXPERIENCE TO FULLY UNDERSTAND THE EXTENT AND IMPACT OF THIS AGREEMENT; C. THIS AGREEMENT IS WRITTEN IN A MANNER WHICH EMPLOYEE IS ABLE TO UNDERSTAND; D. EMPLOYEE IS FULLY COMPETENT TO SIGN THIS AGREEMENT; and E. EMPLOYEE SIGNS THIS AGREEMENT VOLUNTARILY AND WITHOUT ANY COERCION, UNDUE INFLUENCE, THREAT, OR INTIMIDATION OF ANY KIND OR TYPE. 4 For Employee: For Employer: AUGUSTA, GEORGIA "L // Phil Wasson ederick Russel Administrator Date:! " O2 3 - CRO/ Date: a/2//lo A t ) 5