HomeMy WebLinkAboutSETTLEMENT AGREEMENT WITH GENERAL RELEASE, WAIVER AND COVENANT NOT TO SUE_ DONNA MURRAY .
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SETTLEMENT AGREEMENT WITH GENERAL RELEASE.
WAiVER AND COVENANT NOT TO SUE
Donna Murray ("Ms. Murray") and Augusta, Georgia and Augusta-Richmond County
Board of Tax Assessors, their predecessors, affiliated entities, and subdivisions, as well as their
elected officials, members, officers, directors, agents, insurers, attorneys, employees and .former
employees, individually and in their representative capacities (individually and collectively the
"Releasecs").hereby enter into the following Settlement Agreement("the Agreement"). Ms.Murray
and the Releasees shall be collectively referred to herein ao"the Pnnies.-
1. This Agreemeie is entered into because the Parties have determined that it is in their
best interests to enter into the Agreement on the terms set forth herein.
2. The Parties expressly agree that the Agreement does not constitute an admission
by Releasees of any violation of any law and the Parties agree that neither this Agreement nor the
furnishing of consideration shall be deemed or construed for any purposes as evidence or an
admission of liability or wrongful conduct of any kind, and that the Releasees specifically deny
haying engaged in any discriminatory or wrongful employment and/or wage payment practice.
3. Ms. Murray hereby acknowledges she is taking a voluntary leave of absence using
her accrued vacation time until October 31, 2016 and that her employment with Releasees shall
terminate effective November 1, 2016 clue to voluntary retirement, Ms. Murray's final paycheck
(including any outstanding paid leave accruals) will be processed in accordance with Releasees
normal and customary practices.
4. As consideration for the Agreement, and specifically including but not limited to
dismissal with pr 'udics of the claims against the Releasees in the case entitled Donna Murray v.
Augusta-Richmond County, Georgia and Board of Tax Assessors of Augusta-Richmond County
Board of Tax Assessors, Civil Action Number 2016RCCV00017 pending in the Superior Court of
Richmond County (the "lawsuit"), the Releasees will pay on behalf of Ms. Murray in this action
the gross sum of One Hundred Twenty-Five Thousand Dollars And No Cents (S125,000.00) (the
"Settlement Amount").
(a) Ms. Murray understands and agrees that she is solely and exclusively responsible for
any tax, claim, lien, setoff, attorneys' lien, or other rights that any other person has to any part
of the Settlement Amount,'and that she will indemnify, defend and hold the Releasees harmless
in the event that any other person or entity or government unit makes any claim whatsoever
against the Releasees by reason of any interest in the aforementioned amount. Ms. Murray
represents that she has not filed for bankruptcy protection during the pendency of the lawsuit or
at any other relevant time.
(b) This payment will be reported to all necessary federal, state, and local tax authorities,
and any federal, state or local taxes or other legal obligations applicable to these payments are
the responsibility of Ms. Murray. Ms. Murray agrees to indemnify and hold the Releasees
harmless from any and all costs and expenses, including but not limited to, any tax liabilities,
penalties, interest or attorneys fees, which may arise from any claim against the Releasees for
failing to withhold, or uodowi{hholding, taxes from the above-stated sum, as a result of this
Murray v, Augusta-Richmond County Page 1
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disbursement.
(c) No payment made pursuant to this Agreement shall constitute or be considered '`wuges,-
`^conoi s," or "compensation" for any purpose under any retirement plan, welfare plan, stock
purchase plan, bonus plan, employee stock Ownership plan or vacation policy of the Releasees.
4. Ms. Murray agrees that the monetary payment made to her and on her behalf pursuant
to paragraph 3 above is the only monetary payment due her in connection with this Agreement. Ms.
Murray's entitlement to this payment is conditioned on the Court's dismissal of this action with
prejudice, each party to bear his/its own attorney's fees, costs and expenses.
5. The Parties shall execute and file, on or before October 31, 2016, a Joint Motion
for Dismissal in the lawsuit to all claims against the Releasees, with prejudice, each party to
bear her/its own costs, attorney's fees and expenses, except to the extent set forth in paragraph 3
above.
6. The consideration provided for herein is intended completely and forever to resolve
and end all differences between Ms. Murray and the Releasees concerning her relationship with the
Releasees and any matter or event occurring at any time up to and including the date of the Agreement
by and between Ms. Murray and the Releasees.
7. It is understood that the undersigned counsel for Ms. Murray has made counsel's
own separate arrangements with every attorney, advisor and/or consultant for the satisfaction, in
whole or in part. of costs and attorneys' fees" and that counsel joins in the Agreement to release
and forever discharge the Releasees and all associated with them from any claim whatsoever for
such fees and costs. Ms. Murray is solely responsible for all claims of her counsel and all other
counsel, if any. claiming an interest in this litigation.
8. General Release and Covenant Not To Sue by Ms. Murray.
(a) Ms. Murray,Murray. individually and on hehalfof her successors. heirs,assigns,executors.
personal representatives. administrators, and all persons and entities who might claim through
her, does hereby fully and forever release, acquit, and discharge the Releasees, their
predecessors, successors, parent , suhsidimdcy, uffi|intco, divieioum, inouncro. cxccutors, usuigno,
current and former employees, current and former administrators, current and former
representatives, current and former attorneys, current and former agents and any present or
former benefit plans, from any and all claims, demands, contracts, agreements, promises,
accountings, causes of actib n, suits, liabilities, rights, objections, obligations, injuries, damages,
losses, judgments, costs, expenses, and controversies whatsoever, whether individual, class,
derivative, legalequitable, or otherwise, fixed or contingent, joint or several, known or
unknown, actual or potential, foreseen or unforeseen, suspected or unsuspected, relating to Ms.
Murray's relationship with Releasees that Ms. Murray may have had, may now have, or may
hereafter have (Whether through operation of law, assignment or subrogation), against the
Releasees based in whole or in part upon any act or omission from the beginning of time to the
Murray
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date of thisAgreement without regard to her present u�u | knowledge nfde� e�g�u or
possible existence, including, but not limited to" 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, "/n)ouk/| 1Cnnination, 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
|oy|, the Employee Retirement income Security Act of 1974, the National Labor Relations
Act,the Americans With Disabilities Act,the Equal Pay Act of I 963.the Fair Credit Reporting
Act, the Worker Adjustment and Retraining Notification Actthe Immigration Reform and
Control Act, Sections 1981 through 1988 of Title 42 of the United States ('ode of Laws. the
Family and Medical Leave Actthe Fair Labor Standards Actthe Uniformed Services
Employment and Re-Fmplo 'ment 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 vvuiveu or releases Employee's rights to enforce the terms of this Agreement.
("the Released Claims").
(b) Ms, Murray hereby further covenants and agrees that she will forever refrain and
forebear from directly or indirectly, on her own behalf, derivatively, or on behalf of a class,
commencing, instituting, or prosecuting any lawsuit, action, or other proceeding against the Releasees
based on. arising out of. or connecied with any of the released claims.
(c) Ms. Murray understands and agrees that the released claims are intended to and do
include any and all claims of every nature and kind whatsoever(whether known, unknown, suspected,
or unsuspected)which she has or may have against the Releasees, individually or collectively, arising
from her employment with Releasees prior to her execution of this Agreement.
(d) Ms. Murray fuFiher acknow ledges that she may hereafter discos er facts different from
or in addition to those which she now knows or believes to be true with respect to the released claims
and agrees that, in such event,this Agreement shall nevertheless be and remain effective in all respects,
notwithstanding such different or additional facts, or the discovery thereof.
9. Ms. Murray' acknowledges and affirms that, as of the date of signing this
Agreement, she: (I)has been paid all compensation,wages,bonuses,commissions,and/or benefits
to which she may be entitled: 2) has no known workplace ijuries or occupational diseases other
than as previously reported in.writing; (3) has not been denied leave pursuant to Releasees policy
or the Family and Medical Leave Act and has received all such leave to which she was entitled;
(4)has not divulged any proprietary or confidential information of the Releasees 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 Releasees, except as otherwise noted herein.
10. Because this Agreement includes a waiver and release of claims arising under the
Age Discrimination in Employment Act, federal law provides that Ms. Murray may have twenty-
one(21)days from receipt of the Agreement to review and consider this Agreement before signing
wenty'ooe(2|)duyolionu,ccciptofihc/\gruerncnt\orcvievvundoonsidurLbio/\greecnenihe[breaigniug
it. Federal law also provides that Releasees must advise Ms. Murray to consult with an attorney'
before signing this Agreement. This Agreement constitutes such notice. Ms. Murray' understands
Murray,v. Augusta-RichmondC"on/y Page 3
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that it is Ms. Murray's decision whether or not to consult an attorney. Pursuant to federal law, Ms.
Murray is further advised that this waiver and release do not apply to claims that arise after Ms.
Murray signs this Agreement. Ms. Murray further understands and agrees that Ms. Murray is
receiving additional consideration that Ms. Murray would not be entitled to receive under any
Releasees policy, practice or plan of Releasees if Ms. Murray did not execute this Agreement
which includes the waiver and release of claims under the Age Discrimination in Employment
Act.
(a) Ms. Murray may revoke this Agreement for a period of seven (7) calendar days
following the day Ms. Murray executes this Agreement. Any revocation within
this period must he submitted, in writing, to Janice Allen ]ockson, Administrator.
The revocation must be personally delivered to or mailed to Janie Allen Jackson
(Municipal Building, 535 Telfair Street, Suite 900, Augusta, GA 30901} and, if
mailed, postmarked within seven (7) calendar days of Ms. Murray'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.
11. Ms. Murray represents and warrants:
(a) that she and her attorney have conducted whatever investigation was deemed necessary
by her and her attorney to ascertain all facts and matters related to this Agreement;
(b) that she consulted with and received advice from legal counsel concerning this
Agreement;
(c) that she is not relying in any way on any statement or representation by the Releasees
or their attorneys, except as expressly stated herein, in reaching her decision to enter
into this Agreeriient;
(d) that she has actually reviewed and discussed this Agreement with her attorney, who
explained the terms to her satisfaction;
(e) that she has carefully read this Agreement, and understands its contents, meaning
and intent;
(1) that understanding this document, she has freely and voluntarily executed it with the
advice of counsel, without compulsion. coercion or duress.
12. The only exception to this Agreement with its release, waiver and covenant not to
sue is the parties' rights to enforce this Agreement by judge sitting without a 'u[y, with venue to
be in the Superior Court of Richmond County.
13. Ms. Murray covenants not to sue and agrees and acknowledges that if she institutes or
causes to be instituted oru||oY/a to be instituted on her behalf, any claim, action, cause of action,
ilurray v. Augusta-Richmond County Page 4
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complaint, administrative proceeding, or charge related to the Released Claims against the Releasees
that she will indemnify and hold harmless the Releasees from any and all damages, judgments,
interests, costs and expenses of litigation, including attorneys' fees, of any such action or cause of
action.
14. Should any provision of this Agreement require interpretation or construction, it is
agreed by the parties hereto that the court, administrative body, or other entity interpreting or
construing, this document shall apply Georgia law and shall not apply any presumption that the
provisions hereof shall be more strictly construed against one party by reason of the rule of
construction that a document is to be construed more strictly against the party preparing same, it
being agreed that all parties hereto and/or their respective attorneys and agents have fully
participated in the preparation of all provisions of this document.
14. Ms. Murray and the Releasees represent and acknowledge that no pvonoime,
inducement, or agreement other than as is expressed herein has been made and that this Agreement
contains the entire understanding and agreement of the parties.
15. Ms. Murray represents and acknowledges that her signature hereon shows that she
has decided, knowingly, voluntarily, freely and without coercion,after consulting with appropriate
legal counsel, to execute the Agreement in return for the consideration paid by the Releasees and
that his uigu:|oro appearing hereinafter is genuine.
16, Ms. Murray acknowledges that the consideration provided herein is not
consideration to which she would otherwise be entitled.
17. Any modification of this Agreement shall be ineffective unless in writing signed by
the party against whom it is enforced.
18. In the event of a breach or default of this Agreement, Notice shall be made by
overnight delivery or by hand delivery to the following:
AR Murray Releasees
John B. Long, Esq. Jody M. 5nuitbennun, Esq.
Tucker Long, P.C. Augusta Law Department
P.O. Box 2426 535Te|CairStreet, Building 3000
Augusta Georgia Augusta Georgia
'ohn|ong(i,/tuckedoug.umon jsnoiibcrnnau(cOugoutoga.gov
19. This Agreement may be executed in identical counterparts, each of which shall
constitute an original of this Agreement. Signatures of the parties may be exchanged by facsimile
or electronically (e.g., pdf) and same shall be treated as an original.
20. This Agreement shall become effective upon execution by all parties and shall he dated
as of the date of execution by the party signing the document last.
Murray v. Augusta-Richmond County Page 5
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IN WITNESS WHEREOF, the undersigned hereby execute this Agreement as follows:
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