HomeMy WebLinkAboutSETTLEMENT AGREEMENT/RELEASE OF CLAIMS BY AND BETWEEN ANDRAEA HERRIN AND AUGUSTA, GEORGIA SETTLEMENT AGREEMENT/RELEASE OF CLAIMS
THIS SETTLEMENT AGREEMENT/RELEASE OF CLAIMS ("Agreement") is made
and entered into by and between Andraea Herrin (referred to as "Employee") and Augusta,
Georgia, its predecessors, affiliated entities, and subdivisions, as well as any members, officers,
directors, agents, insurers, attorneys, employees and former employees, individually and in their
representative capacities (collectively referred to as "Employer").
1. In exchange for the promises made by the Employer in this Agreement, the Employee agrees
not to pursue EEOC claims and/or institute a lawsuit under Title VII of the Civil Rights Act of
1964, as amended, (Title VII); the Age Discrimination in Employment Act of 1967, as
amended, (ADEA); the Rehabilitation Act of 1974, as amended, (Rehab Act); and/or pursue
any other federal and state laws based on her EEO grievance filed on September 27,2017,with
the Employer's EEO/Compliance Department.
2. Further, the Employer agrees that submission of this Agreement does not constitute and shall
not be construed as an admission of liability or wrongdoing by the Employer under Title VII
of the Civil Rights Act of 1964, as amended, (Title VII); the Age Discrimination in
Employment Act of 1967, as amended, (ADEA); and/or the Rehabilitation Act of 1974, as
amended, (Rehab Act); and/or any other federal and state laws.
3. The Employer agrees to the following:
Provide Employee with a salary increase of 12.53%effective August 12, 2018; and
Provide Employee with a lump sum payment of$10,000.
4. The Employee agrees to the following:
Waive and release all claims against Employer related to the above-referenced EEO
grievance filed on September 27, 2017, with the Employer.
5. The parties are responsible for their own attorneys' fees and costs pertaining to this Agreement.
6. The parties understand the terms of this Agreement and voluntarily enter into it.
7. This Agreement constitutes a final and complete statement of agreement between the parties.
There shall be no modifications to this Agreement unless they are in writing and signed by the
parties.
A. Waiver and General Release of Claims.
In consideration for the execution of this Agreement, including the promises of Employer
herein,Employee of her own free will, knowingly and voluntarily releases and forever discharges
Augusta, Georgia, the Augusta, Georgia Board of Commissioners, their 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 the Released Parties)of and from any and all actions or causes of action,suits,claims,
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and promises, in law or equity,which Employee 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 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 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 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 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 Released Parties 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
Released Parties 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 Released Parties 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 she might
otherwise be entitled.
B. 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,
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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.
C. 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.
D. Special Notification Regarding Age Discrimination.
The Employee knowingly and voluntarily waives all rights under the Age Discrimination
Act of 1967 (ADEA), which pertains to any allegations of age discrimination. Federal law
provides that the Employee is permitted 21 days from receipt of this Agreement to review and
consider this Agreement before signing it. The Employee further understands that she may use as
much of this 21-day period as she wishes prior to signing and delivering the agreement. Federal
law further provides that the Employee may revoke this Agreement within seven (7) days of the
signing and delivering the agreement to the Employer. Employee is advised to consult with an
attorney before signing this agreement.
E. 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 Andrew G. MacKenzie, General Counsel. The revocation must be personally
delivered to or mailed to Andrew G. MacKenzie (535 Telfair Street, Building 3000, 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.
F. Disputes/Enforcement of Settlement.
Should any action be brought by any party to this Agreement to dispute and/or enforce any
provision thereof, after signing this Agreement,the prevailing party shall be entitled to recover, in
addition to any other relief, reasonable attorneys' fees and costs associated with any litigation.
G. 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
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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.
H. 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:
1) EMPLOYEE HAS CAREFULLY READ THIS ENTIRE
AGREEMENT;
2) EMPLOYEE POSSESSES SUFFICIENT EDUCATION AND/OR
EXPERIENCE TO FULLY UNDERSTAND THE EXTENT AND
IMPACT OF THIS AGREEMENT;
3) THIS AGREEMENT IS WRITTEN IN A MANNER WHICH
EMPLOYEE IS ABLE TO UNDERSTAND;
4) EMPLOYEE IS FULLY COMPETENT TO SIGN THIS
AGREEMENT; AND
5) EMPLOYEE SIGNS THIS AGREEMENT VOLUNTARILY AND
WITHOUT ANY COERCION,UNDUE INFLUENCE,THREAT, OR
INTIMIDATION OF ANY KIND OR TYPE.
For Employee: For Employer:
AUGUSTA, GEORGIA
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Office of the Administrator
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C E 0 ;, G i p Janice Allen Jackson, Administrator Ste.910-Municipal Building
535 Telfair Street-AUGUSTA,GA 30901
(706)821-2400- FAX(706)821-2819
July 31,2018
Mr.Andrew Mackenzie
General Counsel
535 Telfair Street
Augusta,GA 30901
Dear Andrew:
The Augusta,Georgia Commission,at their special called meeting held on Tuesday,July 31,2018,approved the settlement of
all claims of Andrea Herrin with salary increase of 12.53%and a lump sum payment of$10,000,contingent upon the execution
of a release.
If you have any questions,please contact me.
Yours truly,
CA-
nice
Rnice Allen Jackson
ministrator
07-31-18:Legal Meeting
cc: Ms.Donna Williams
Dr.Gwendolyn Conner
Ms.Kellie Irving