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Home My WebLink AboutCONSULTING SERVICES AND SEPARATION AGREEMENT CONCERNING ROD POWELL VOLUNTARY SEPERATION AGREEMENT AND RELEASE OF CLAIMS THIS VOLUNTARY SEPERATION AGREEMENT AND RELEASE OF CLAIMS ("Agreement") is made and entered into by and between Roderick Powell (referred to as "Employee") and Augusta, Georgia Board of Commissioners, through the Administratar, 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 has provided Employer with ninety (90) days notice of his intent to voluntarily resign his position with Augusta, Georgia. Employee desires to receive severance pay and is willing to provide consulting services during the Severance Period. Employer is willing to provide severance pay to Employee on the condition that Employee provides consulting services during the Severance Period and 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. Resignation of Emnlovment. Employee voluntarily resigns his employment with Augusta, Georgia effective the close of business on September 6, 2011 ("Resignation Date"). 2. Consideration In consideration for his execution of this Agreement and far his providing consulting services during the Severance Period (as described in Paragraph 5 herein), the Employer agrees pay employee three (3) months' severance pay through salary continuation from the Resignation Date through December 5, 2011 ("Severance Period"). 3. Waiver and General Release of Claims I In consideration for the execution of this Agreement, including the promises of Employer herein, Employee of his own free will, knowingly and voluntarily releases and forever discharges the Released Parties of and from any and all actions or causes of action, suits, claims, and promises, in law or equity, which Employee may now have against the Released Parties, up to and including the date he executes this Agreement, including all unknown, undisclosed or unanticipated losses, wrongs, injuries, debts, claims, benefits or damages, for, upon or by reason of any matter, cause or thing, including any claim arising out of Employee's employment with or any other matter involving Employer or Employer and including, but not limited to, any alleged violation of the National Labor Relations Act; Title VII of the Civil Rights Act of 1964, 42 1 U.S.C. §§ 2000e, et se�c ., as amended; the Civil Rights Act of 1991; Section 1981 through Section 1988 of Title 42 of the United States Code, as amended; the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001, et se�c., as amended; the Americans With Disabilities Act of 1990, 29 U.S.C. §§ 12101 to 12213, as amended; the Rehabilitation Act of 1973, 29 U.S.C. § 791 et s�, as amended; the Equal Pay Act of 1963, 29 U.S.C. §§ 206(d), as amended; the Fair Credit Reporting Act; the Workers Adjustment and Retraining Notification Act; the Immigration Reform and Control Act, as amended; the Occupational Safety and Health Act, as amended; Georgia Fair Employment Practices Act — O.C.G.A.. §45-19-20 et seq.; Georgia AIDS Confidentiality Act — O.C.G.A.. §24-9-47; Georgia Equal Pay Act (Sex Discrimination in Employment) — O.C.G.A. §34-5-1 et seq.; Georgia Age Discrimination in Employment Act — O.C.G.A. §34-1-2; Georgia Equal Employment for Persons with Disabilities Code — O.C.G.A. §34-6A-1 et seq.; Georgia Wage Payment and Work Hour Laws; or any other federal, state or local human rights, civil rights, wage-hour, pension or labor laws, rules and/or regulations, or any other alleged violation of any local, state or federal law, regulation or ordinance, and/or public policy, contract, tort or common law, including, but not limited to, any claims for loss of consortium, any claims for costs, fees, or other expenses, including attorney's fees incurred in these matters at any time prior to and including the date of execution of this Agreement, 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 behal£ 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. Emplovee Affirmations. Employee acknowledges and affirms that, as of the date of signing this Agreement, Employee: (1) has been paid all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled; (2) has no known workplace injuries or occupational diseases other than as previously reported in writing; (3) has not been denied leave pursuant to Employer policy or the Family and Medical Leave Act and has received all such leave to which Employee was entitled; (4) has not divulged any proprietary or confidential information of the Employer and will continue to maintain the confidentiality of such information; and (5) has not filed, caused to be filed, and presently is not a party to any claim against the Employer. 2 5. Emplovee Consultation Services. To the extent requested by Employer, Employee agrees that, from his Resignation Date and through the Severance Period, he shall make himself available to provide human resource consultation services to Augusta, Georgia similar to those services he provided while employed by Augusta, Georgia to include but not be limited to: • Assisting in recruitment of a qualified replacement; • Insuring application of the new CPAT exam for firefighters; • Insuring application of the new physical and skill testing for current firefighters is completed in accordance with directives; • Completing FRP and selection of a new benefits consultant; • Designing and implementing criteria for self-insured medical coverage plan and selection of TPA, evaluating bidders, and preparing for cost effective implementation; • Briefing the Commission on HR-related matters; • Implementing Phase II of the PPPM (7.5 hour workday, leave caps, SL Pool, etc.); • Implementing ADP Benefits and Automated Time and Attendance Programs; and • Completing Phase I of the 2011 RIF and job audits of organization classifications to insure efficiency, pay equity, and appropriate pay ranges for affected employees in positions involved in the reorganization. Employee agrees that he shall be available at least from 8:30 a.m. to 5:00 p.m. EST Monday through Friday by telephone, email, and internet through the Severance Period in order to provide consultation services. Employee shall also return to Augusta, Georgia to provide consultation services at least once a month (September — November) and each visit shall consist of at least three (3) business days, but in any event shall not consist of more than ten (10) business days in any given month. Employer shall provide Employee per diem for those days Employee spends a full business day working in Augusta, Georgia and shall reimburse Employee for reasonable mileage for travel to and from Augusta, Georgia at the rate of 40.5 cents per mile pursuant to Administrative Rule No. 2-4, both of which shall be paid out of the Human Resources' budget. Employee further agrees that he will track the tasks he consults on and the amount of time spent on each task on the Consultation Services Tracking Form (attached hereto as Exhibit A) and shall transmit (via fax or email) a completed form every other Friday beginning September 16, 2011 to the Administrator. If Employee fails to provide a Consultation Services Tracking Form by any required date or fails to be available for consulting services as required herein, Employee shall not be entitled to any further severance payments pursuant to this Agreement. 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. 3 7. Denial of Liabilitv. 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 Pronerty. Employee agrees, upon the termination of his Severance Period, to return any and all property (including all copies or duplicates thereo� belonging to Employer, which remain in his possession. 9. Severabilitv. 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. If, however, any portion of the general release language is deemed unenforceable and cannot be modified to the satisfaction of both parties, then Employee shall return the consideration paid for this Agreement. 10. Special Notification Regardin� 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. 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 4 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 `Bffective 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 ar 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 TffiS 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. 5 For Employee: For Employer: AUGUSTA, GEORGIA � � . � �- oderick Powell ederick Russell Administrator Date: ��' ��'`� !� Date: �� a " j� Approved: C,�� 4 � '; �J (�� David Copen aver, Mayor `��y Augusta, Georgia �/�� ` Attest: �?; . �� '•1"� � � ¢. lerk �` issi n r°• P� � ��; A a��• - •°�]�/ %�e :`�� . �� ,c a -' __ o � m 0�,� � r � � s�. � ° � . � .. �. � �� 19�f � � F O� ,� �i . ��+�A�ct�+ �� r � . ,. ' , 6 U C� � S�". O U c� � � a � � 0 w oa � � v e� s. E� � � U �+ •' bA s. � � � � � r..� � O F r:.� W � .�''. � � � O V .: � � O a ,� o ° a a �. 0 w � 0 � � �. � A � � � A