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Home My WebLink AboutSETTLEMENT AGREEMENT BETWEEN AUGUSTA, GEORGIA AND MARIE BOULTON SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS THIS SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS ("Agreement") is made and entered into by and between Marie Boulton (referred to as "Boulton") and the consolidated government of Augusta, Georgia, its 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 (collectively referred to as `Employer"). THE PARTIES acknowledge the following: Boulton has made claims against the State Court of Richmond County arising out of her employment. Boulton has indicated a desire to obtain employment as Deputy Warden of Richmond County Correctional Institution in lieu of pursuing her claims against the State Court of Richmond County. Employer is willing to employ Boulton as Deputy Warden of Richmond County Correctional Institution on the condition that Boulton 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, Boulton and Employer agree as follows: 1. Consideration. In consideration for her execution of this Agreement, the Employer agrees to hire Boulton as Deputy Warden of Richmond County Correctional Institute at a salary of$79,500 effective August 14, 2017. 2. Waiver and General Release of Claims. In consideration for the execution of this Agreement, including the promises of Employer herein, Boulton of her own free will, knowingly and voluntarily releases and forever discharges Employer, the State Court of Richmond County, the Richmond County Magistrate and Civil Court, 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 (collectively referred to as the Released Parties) of and from any and all actions or causes of action, suits, claims, and promises, in law or equity, which Boulton may now have against the Released Parties, up to and including the date she 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 Boulton's employment with or any other matter involving Released Parties including, but not limited to, any alleged violation of the National Labor Relations Act; Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., 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 seq., as amended; the Americans With Disabilities Act of 1990, 29 U.S.C. §§ 12101 to 12213, as amended; the Age Discrimination in Employment Act; the Rehabilitation Act of 1973, 29 U.S.C. § 791 et seq., 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 Boulton's rights to enforce the terms of this Agreement. Boulton 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 Boulton shall reimburse the Employer for its costs, including attorneys' fees, incurred in defending any such action. Notwithstanding the forgoing, by entering into this Agreement, Boulton 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. (a) Boulton agrees to release the Employer from any and all claims as stated above which Boulton could make on Boulton's own behalf or which any other person or organization could make on Boulton's behalf. Boulton 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. Boulton further agrees that if any individual or class pursues a claim against the Employer and prevails, that Boulton is not entitled to and will not accept any monies to which he might otherwise be entitled. Boulton 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 Employer, individually or collectively, arising from her employment with Employer prior to her execution of this Agreement. (b) Boulton further acknowledges that she may hereafter discover facts different from or in addition to those that 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. 3. Boulton Affirmations. Boulton acknowledges and affirms that, as of the date of signing this Agreement, Boulton: (1) has been paid all compensation, wages, bonuses, commissions, and/or benefits to which Boulton 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 Boulton was entitled; (4) has not divulged any proprietary or confidential information of the Employer and will continue to maintain the confidentiality of such 2 information; and (5) has not filed, caused to be filed, and presently is not a party to any claim against the Released Parties. 4. 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. Boulton understands and agrees that Boulton would not receive the consideration specified herein except for execution of this Agreement and fulfillment of the promises contained herein. 5. 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. If, however, any portion of the general release language is deemed unenforceable and cannot be modified to the satisfaction of both parties, then Boulton shall return the consideration paid for this Agreement. 6. 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 Boulton 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 Boulton to consult with an attorney before signing this Agreement. This Agreement constitutes such notice. Boulton understands that it is Boulton's decision whether or not to consult an attorney. Pursuant to federal law, Boulton is further advised that this waiver and release do not apply to claims that arise after Boulton signs this Agreement. Boulton further understands and agrees that Boulton is receiving additional consideration that Boulton would not be entitled to receive under any Employer policy, practice or plan of Employer if Boulton did not execute this Agreement which includes the waiver and release of claims under the Age Discrimination in Employment Act. 7. Revocation. Boulton may revoke this Agreement for a period of seven (7) calendar days following the day Boulton executes this Agreement. Any revocation within this period must be submitted, in writing, to Janice Allen Jackson, Administrator. The revocation must be personally delivered to or mailed to Janice Allen Jackson, Administrator. The revocation must be personally delivered to or mailed to Janice Allen Jackson (Room 900 — Municipal Building, 535 Telfair Street, Augusta, GA 30901) and, if mailed, postmarked within seven (7) calendar days of Boulton'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 3 the revocation period shall not expire until the next following day which is not a Saturday, Sunday, or legal holiday. 8. Entire Agreement. Boulton warrants that no representations or inducements have been made to Boulton except as set forth in this Agreement and that Boulton 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. 9. 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 BOULTON AFFIRMS THAT: A. BOULTON HAS CAREFULLY READ THIS ENTIRE AGREEMENT; B. BOULTON 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 BOULTON IS ABLE TO UNDERSTAND; D. BOULTON IS FULLY COMPETENT TO SIGN THIS AGREEMENT; and E. BOULTON SIGNS THIS AGREEMENT VOLUNTARILY AND WITHOUT ANY COERCION, UNDUE INFLUENCE, THREAT, OR INTIMIDATION OF ANY KIND OR TYPE. For Boulton: For Employer: AUGUSTA, GEORGIA r ,/ t-- Tam► 1 iiiii „.„) Marie Coulton Illir ,l`„ Hardie Davis, Ma .or Date: 1 V/9.1 /7Date: 4 ATTEST: A 1: . ct., mosghtlfdAk%Alt li. t? I AP" %no 04. 0 lia, 0 !:-; 1/ 47,,Art -47:- 1."C117"114447:11:e‘11%.r'ke-.7. ir I. 0 *0% 0 • it/ .,, , ,„ „,, to , .Air-i.,,,Mri Iiiii`iie... - B ' .• -:/C''''' -ore. ° 'cili ' e I., o ... •: mom si : , 0 1 irocve%I. lis c i1 0 t ...0 3 F. Tth„ e•.. 40,...... T IlkAtEEORGi r4,3,41,41P41 ; '"a91Z.Z.1446, t 5