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HomeMy WebLinkAboutResolution #3920 - seperation agreement and general release with bonnie cremerRESOLUTION NO. ~ 9 2~ A RESOLUTION OF THE COUNCIL OF THE CITY OF CANTON APPROVING A SEPARATION AGREEMENT AND GENERAL RELEASE BETWEEN THE CITY OF CANTON AND BONNIE CREMER WHEREAS, Bonnie Cremer has been employed by the City since September 9, 1987 after 22 distinguished years of service, Employee will retire as of May 1, 2010; and WHEREAS, The City is willing to accept such retirement and in return, will give compensation to Employee in the form of continued health insurance as set forth in the Separation Agreement and General Release attached hereto and incorporated herein as "Exhibit A." NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That the Separation Agreement and General Release attached hereto and incorporated herein 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, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 2 0th day of Argil , 2010 upon a roll call vote as follows: AYES: Aldermen Reed, Schenck, West, Sarff, Rivero, Ellis, Hartford, Pickel. NAYS: None . ABSENT: None . APP VED: Kevin R. Meade, Mayor ATTEST: ~, ~~ Nancy S. Wh es, City Clerk SEPARATION AGREEMENT AND GENERAL RELEASE This Agreement is made this 20~' day of April, 2010, by and between the City of Canton ("City" or "Employer"), an Illinois Municipal Corporation, located at 2 North Main Street, Canton, Illinois, and Bonnie Cremer ("Employee"), who resides at 19485 E. Oscar Linn Highway, Canton, Illinois 61520. WHEREAS, Employee has been employed by the City since September 9, 1987; and WHEREAS, After 22 distinguished years of service, Employee will retire as of May 1, 2010; and WHEREAS, Employee is voluntarily retiring from said employment and waives all rights with respect to any matter connected with Employee's employment with the City and separation of said employment, except for those rights vested to Employee by virtue of Article 4 of the Illinois Pension Code (Commonly referred to as the Downstate Fire Pension Plan, see 40 ILCS 5/4 et. seq.) and vested to Employee for the payment of accrued earned time off per Divisions 5 (Vacation), 8 (Personal) and 9 (Sick) of the City's Personnel Policy; WHEREAS, The City is willing to accept such retirement and in return, will give compensation to Employee in the form of continued health insurance as set forth in this Separation Agreement and General Release. WHEREAS, This Separation Agreement and General Release will become effective as of May 1, 2010. NOW, THEREFORE, in consideration of the mutual promises, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Employee freely and voluntarily retires from employment at the City, effective May 1, 2010. 2. 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. 3. Employer shall pay the premium costs for Employee's health insurance for herself and her spouse until the Employee attains the age of sixty-five (65) or such other age as Congress may subsequently determine for Medicare eligibility. Upon Employee attaining the age of sixty-five (65), or such other age as Congress may subsequently determine for Medicare eligibility, the Employer's obligation to pay for any health insurance premium for the Employee and/or her spouse will terminate. If Employee becomes re-employed where insurance coverage is offered by the new employer, then the City is relieved from its obligation to pay for any health insurance premiums. 4. Employee will return all of Employer's property, including, but not limited to cell phone, vehicle, keys and computer equipment on or before May 1, 2010. 5. Employee has been advised by Employer to consider this Agreement for a period of not less than five (5) 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. 6. This Agreement shall be construed in accordance with the laws of the State of Illinois. Kevin R. Meade, Mayor DATE: EMPLOYEE HAS READ THIS AGREEMENT AND UNDERSTANDS THAT THE TERMS ARE LEGALLY ENFORCEABLE. EMPLOYEE HAS HAD THE OPPORTUNITY TO NEGOTIATE WITH EMPLOYER REGARDING THIS AGREEMENT AND HAS HAD THE OPPORTUNITY TO CONFER WITH AN ATTORNEY FOR ASSISTANCE AND ADVICE. EMPLOYEE HAS ENTERED INTO THIS AGREEMENT KNOWINGLY AND VOLUNTARILY. Bonnie Cremer WITNESS DATE: DATE: 2 ,~~,, t. SEPARATION AGREEMENT AND GENERAL RELEASE This Agreement is made this 20`" day of April, 2010, by and between the City of Canton ("City" or "Employer"), an Illinois Municipal Corporation, located at 2 North Main Street, Canton, Illinois, and Bonnie Cremer ("Employee"), who resides at 19485 E. Oscar Linn Highway, Canton, Illinois 61520. WHEREAS, Employee has been employed by the City since September 9, 1987; and WHEREAS, After 22 distinguished years of service, Employee will retire as of May 1, 2010; and WHEREAS, Employee is voluntarily retiring from said employment and waives all rights with respect to any matter connected with Employee's employment with the City and separation of said employment, except for those rights vested to Employee by virtue of Article 4 of the Illinois Pension Code (Commonly referred to as the Downstate Fire Pension Plan, see 40 ILCS 5/4 et. seq.) and vested to Employee for the payment of accrued earned time off per Divisions 5 (Vacation), 8 (Personal) and 9 (Sick) of the City's Personnel Policy; WHEREAS, The City is willing to accept such retirement and in return, will give compensation to Employee in the form of continued health insurance as set forth in this Separation Agreement and General Release. WHEREAS, This Separation Agreement and General Release will become effective as of May 1, 2010. NOW, THEREFORE, in consideration of the mutual promises, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Employee freely and voluntarily retires from employment at the City, effective May 1, 2010. 2. 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, 1 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. 3. Employer shall pay the premium costs for Employee's health insurance for herself and her spouse until the Employee attains the age of sixty-five (65) or such other age as Congress may subsequently determine for Medicare eligibility. Upon Employee attaining the age of sixty-five (65), or such other age as Congress may subsequently determine for Medicare eligibility, the Employer's obligation to pay for any health insurance premium for the Employee and/or her spouse will terminate. If Employee becomes re-employed where insurance coverage is offered by the new employer, then the City is relieved from its obligation to pay for any health insurance premiums. 4. Employee will return all of Employer's property, including, but not limited to cell phone, vehicle, keys and computer equipment on or before May 1, 2010. 5. Employee has been advised by Employer to consider this Agreement for a period of not less than five (5) 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. 6. This Agre ent shall be construed in accordance with the laws of the State of Illinois. -~ DATE: ~/~ ~i ~ Kevin R. Meade, Mayor EMPLOYEE HAS READ THIS AGREEMENT AND UNDERSTANDS THAT THE TERMS ARE LEGALLY ENFORCEABLE. EMPLOYEE HAS HAD THE OPPORTUNITY TO NEGOTIATE WITH EMPLOYER REGARDING THIS AGREEMENT AND HAS HAD THE OPPORTUNITY TO CONFER WITH AN ATTORNEY FOR ASSISTANCE AND ADVICE. EMPLOYEE HAS ENTERED INTO THIS AGREEMENT KNOWINGLY AND VOLUNTARILY. Bonnie Cremer DATE: ~ ~o~-d ~~/p WITNESS DATE: ~~ ~~ ~~© 2