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Home My WebLink About#5098 Separation Agreement Nancy Rabel RESOLUTION NO. 5098 A RESOLUTION OF THE COUNCIL OF THE CITY OF CANTON APPROVING A SEPARATION AGREEMENT BETWEEN THE CITY OF CANTON AND NANCY L. RABEL WHEREAS, Nancy L. Rabel ("Rabel) has been employed by the City of Canton since July 29, 2013, and currently holds the tiles of City Attorney and City Administrator; and WHEREAS, Mayor-elect Kent McDowell has notified Rabel that the position(s) will be eliminated and/or cut to part-time when he takes office on May 2, 2017, effectively terminating Rabel's current employment; and WHEREAS, the City is willing enter into a Separation Agreement and General Release with Rabel since Rabel's termination is not based upon claims of misfeasance, malfeasance, or inappropriate or illegal conduct engaged in by Rabel at any time during Rabel's employment with the City, such Agreement is attached hereto as Exhibit "A". THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS AS FOLLOWS: 1. That the Separation Agreement and General Release attached hereto and incorporated herein and as Exhibit "A" is hereby approved by the Canton City Council. 2. That the Mayor and City Clerk of the City of Canton, Illinois are hereby authorized and directed to execute said Agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approved by the Mayor thereof. Passed by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 18th day of April, 2017 upon a roll call vote as follows: AYES: Aldermen Gerald Ellis,John Lovell, Angela Hale, Craig West, Tad Putrich NAYS: Aldermen Justin Nelson, Ryan Mayhew ABSENT: None ABSTAIN: None NLR Documents/Resolutions 04/17/2017 APPROVED: Jeffrey A. Fritz, ayor Attes Diana 'avley-Rock, City Clerk 2 NLR Documents/Resolutions 04/17/2017 SEPARATION AGREEMENT AND GENERAL RELEASE This Agreement is made this 18th day of April, 2017, by and between the City of Canton ("City" or "Employer"), an Illinois Municipal Corporation, located at 2 North Main Street, Canton, Illinois, and Nancy L. Rabel ("Employee"), who resides at 1211 East Juniper Street, Canton, Illinois 61520. WHEREAS, Employee has been employed by the City since July 29, 2013, and currently holds the titles of City Attorney and City Administrator. Upon execution of this Agreement by all parties and passage of appropriate resolutions by the City of Canton City Council approving and ratifying the terms of the Agreement, Employee shall continue to be the Attorney and Administrator until 5:00 p.m. on May 2, 2017. The parties also agree that this continued employment is a bona fide employment agreement and any and all benefits including but not limited to the accumulation of vacation, personal and sick days, and pay raises will remain in effect until 5:00 p.m. of May 2, 2017. Any remaining benefit time (including vacation, personal and sick time) after May 2, 2017, will be paid in full to Employee at her rate of salary as of May 2,2017; and WHEREAS, as of April 6, 2017, Mayor-Elect, Kent McDowell, notified Employee that the positions would be cut to part-time, effectively terminating Employee's employment upon his taking office; and WHEREAS, Employer and Employee agree the basis for this Separation Agreement and General Release are not based upon claims of misfeasance, malfeasance or inappropriate conduct engaged in by Employee at any time during Employee's employment with Employer, and agree that separation is due to the elimination of the full-time position and mayoral change; and WHEREAS, Employee will remain employed with the City of Canton as the Attorney and Administrator until 5:00 p.m. on May 2, 2017; and WHEREAS, the terms of this Separation Agreement and General Release will become effective upon the execution of this Agreement by all parties and passage of appropriate resolutions by the City of Canton City Council approving and ratifying the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual promises, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Employee's last effective date of employment shall be 5:00 p.m. on May 2, 2017. 2. Employer shall defend, indemnify and hold Employee harmless for and from any liability, criminal or civil claims, demands, controversies, actions, rights of action, attorney's fees, expert witness fees, court costs and/or reasonable litigation expenses arising out of or in consequence of any action, whether legal, equitable or administrative brought, provoked, procured, caused or commenced, directly or indirectly by any party or citizen regarding any actions, decisions, or omissions or failures to act by the employee NLR Personnel 04/17/2017 and/or any newly appointed Attorney or Administrator for the City, or anyone acting in the capacity of Attorney or Administrator for the City from July 29, 2013 and into the future. 3. Employer and Employee agree that the circumstances surrounding the Employee's termination constitutes separation compensation and Employer agrees to pay three (3) months salary at the salary rate of pay on May 2, 2017, which is payable in full on the first payday following May 1, 2017. 4. Employer shall pay all accrued personal, sick and vacation time as of May 2,2017. 5. In return for said compensation, Employee expressly waives, releases and forever discharges the City, its entities, departments, officers, directors, employees and agents, from any and all claims, actions and causes of action, at law or in equity, known or unknown, directly or indirectly relating to or connected with Employee's employment with the City or separation of said employment, including but not limited to, any and all claims of age discrimination under the Age Discrimination in Employment Act of 1967 (hereinafter "ADEA") as amended by the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, as amended by 42 U.S.C. §2000e et. seq., 42 U.S.C. §1981, the Civil Rights Act of 1991, the Illinois Human Rights Act, the Americans with Disabilities Act, the Family Medical Leave Act, the Employee Retirement Income Security Act of 1974 and all other forms of employment discrimination under any federal, state or local statute or ordinance, wrongful termination, retaliatory discharge, breach of express, implied or oral contract, interference with contractual relations or defamation, intentional infliction of emotional distress and any other tort or contract claims under common law of any state or for attorneys' fees, based on any act, transaction, circumstance or event contemporaneous with, or prior to, the date of this Agreement. 6. Employee shall be entitled to continue on Employer's health and dental insurance policy pursuant to COBRA and shall be responsible for the premium for such coverage. 7. Employee shall return all of Employer's property, including, but not limited to cell phone, keys, key fob, credit card and computer equipment on or before May 2, 2017. That Employer shall return to Employee all of Employee's property still in the possession of Employer on or before May 2, 2017. 8. Employee has been advised by Employer to consider this Agreement for a period of not less than twenty-one (21) days, to carefully read this Agreement, and to confer with an attorney prior to executing this Agreement and has had an opportunity to do so. Employee understands all legal consequences of this Agreement and intends to be bound by it. 9. Employee acknowledges that she has seven (7) days from the date of her signature to revoke his signature on this Agreement. NLR Personnel 04/17/2017 10. This Agreement shall be construed in accordance with the laws of the State of Illinois, including any regulations administered by the Illinois Department of Employment Security. Wages in lieu of notice are wages paid or payable by the City of Canton to Nancy L. Rabel. Severance pay is not considered to be wages in lieu of notice and is not disqualifying for unemployment insurance purposes. Employer agrees to not dispute Employee's termination should she choose to apply for unemployment insurance. EMPLOYER AND EMPLOYEE HAVE READ THIS AGREEMENT AND UNDERSTAND THAT THE TERMS ARE LEGALLY ENFORCEABLE. EMPLOYER AND EMPLOYEE HAVE HAD THE OPPORTUNITY TO NEGOTIATE WITH AS TO THIS AGREEMENT AND HAVE HAD THE OPPORTUNITY TO CONFER WITH AN ATTORNEY FOR ASSISTANCE AND ADVICE. EMPLOYER AND EMPLOYEE HAVE ENTERED INTO THIS AGREEMENT KNOWINGLY AND VOLUNTARILY. EMPLOYEE n �, ///J // ham, f gv4J DATE: `�r�/�7 Nancy L. Ravel EMPLOYER, City of Canton, Illinois DATE: 0 Y�%q 7 Jeffrey n ayor, NLR Personnel 04/172017