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HomeMy WebLinkAboutResolution #5006 - seperation and general release agreementRESOLUTION NO 5006 A RESOLUTION OF THE COUNCIL OF THE CITY OF CANTON APPROVING A SEPARATION AND GENERAL RELEASE AGREEMENT BETWEEN THE CITY OF CANTON AND KENT A. MCDOWELL WHEREAS, Kent A. McDowell has been employed by the City since May 5, 1991 after 24 years of service, Employee will retire as of July 12, 2015; 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 3rd day of March, 2015 upon a roll call vote as follows: AYES: Aldermen Gerald Ellis, Justin Nelson, John Lovell, Angela Hale, Craig West, Tad Putrich, Dave Pickel, Jim Nelson NAYS: None ABSENT: None NLR Resolutions 2/27/2015 ! ... �1s Jeffr63KA. PAz,Mayor SEPARATION AGREEMENT AND GENERAL RELEASE This Agreement is made this 4th day of March, 2015, by and between the City of Canton ( "City" or "Employer "), an Illinois Municipal Corporation, located at 2 North Main Street, Canton, Illinois, and Kent A. McDowell ( "Employee "), who resides at 125 Park Plaza Court, Canton, Illinois 61520. WHEREAS, Employee has been employed by the City since May 5, 1991; and WHEREAS, after 24 years of service, Employee will retire as of July 12, 2015. That Employee is currently the Chief of Police for City and upon the execution of this Agreement by all parties and passage of appropriate resolutions by the City of Canton City Counsel approving and ratifying the terms of this Agreement, Employee shall no longer be Chief of Police as he will continue to be employed by Employer and become a consultant to the City's Police force. That Employee and Employer agree the consulting services shall be rendered by Employee to Employer until July 12, 2015. Further, said consulting services rendered by Employee shall constitute valuable services to Employer and the payment for services rendered, including current wages, benefits, and perquisites of the continued employment, including any pay raises of any type due to continued services being provided to Employer, are commensurate to the level of services to be rendered by Employee. The parties agree said consulting services to be rendered can be provided without Employee being present at the police station. The parties agree that Employee will use his accrued benefit time from the date of this Agreement through his retirement date of July 12, 2015. The parties also agree that this continued employment is a bona fide employment agreement; 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 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 47 of the Illinois Pension Code (commonly referred to as the Police Pension Fund, see 40 ILCS 5/3 et. seq.); and vested to Employee for the payment of accrued earned time off per Divisions 5 (Vacation) and 9 (Sick) of the City's Personnel Policy, as it existed on August 3, 2011; and WHEREAS, the City is willing to accept such retirement and in return, will provide retirement benefits in the form of continued health insurance and any other benefits as set forth in this Separation Agreement and General Release; and WHEREAS, 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 Counsel 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: NLR Personnel 3/4/2015 Employee freely and voluntarily retires from employment at the City, effective July 12, 2015. 2. Employee shall no longer be Chief of Police as he will continue to be employed by Employer and become a consultant to the City's police force as detailed above. Employee's consulting services to be rendered can be provided without Employee being present at the police station. That Employer shall hold Employee harmless for and from any 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 regarding the consulting services provided by Employee. Further, Employer shall hold Employee harmless for and from any 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 regarding any actions, decisions, or omissions or failures to act by any newly appointed Chief of Police for City, or anyone acting in the capacity of Chief of Police for City from February 6, 2015 and into the future. 3. 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. 4. As the Employee has attained the age of 50, he has become entitled to a pension under Police Pension Fund and has at least 20 years of service, the Employer will pay the entire amount of the applicable health insurance premium until the Employee and his spouse have attained the age of sixty -five (65) years of age or such other age as Congress may subsequently determine for Medicare eligibility (per Section 12.4 of the Employer's Personnel Policy as it existed on August 3, 2011). Upon attaining the age of sixty -five (65), or such other age as Congress may subsequently determine for Medicare eligibility, this coverage shall terminate. If Employee becomes re- employed where health insurance NLR Personnel 3/4/2015 is offered by the new employer, then the City is relieved from its obligation to pay any health insurance premiums. 5. Employee shall return all of Employer's property, including, but not limited to cell phone, vehicle, keys, tools, and computer equipment on or before March 13, 2015. That Employer shall return to Employee all of Employee's property still in the possession of Employer on or before March 13, 2015. 6. 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. 7. Employee acknowledges that he has seven (7) days from the date of his signature to revoke his signature on this Agreement. 8. Employer shall pay Employee any accrued and unused sick time, comp. time and vacation time in accordance with law on July 12, 2015. 9. This Agreement shall be construed in accordance with the laws of the State of Illinois. DATE: o,' Jeffrey A. fr'?tz--, M r 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. NLR Personnel 3/4/2015 DATE: e &A-� l j DATE:_ .7 --f ( SEPARATION AGREEMENT AND GENERAL RELEASE Resolution #5006 This Agreement is made this 3rd day of March, 2015, by and between the City of Canton ( "City" or "Employer "), an Illinois Municipal Corporation, located at 2 North Main Street, Canton, Illinois, and Kent A. McDowell ( "Employee "), who resides at 125 Park Plaza Court, Canton, Illinois 61520. WHEREAS, Employee has been employed by the City since May 5, 1991; and WHEREAS, after 24 years of service, Employee will retire as of July 12, 2015. That Employee is currently the Chief of Police for City and upon the execution of this Agreement by all parties and passage of appropriate resolutions by the City of Canton City Counsel approving and ratifying the terms of this Agreement, Employee shall no longer be Chief of Police as he will continue to be employed by Employer and become a consultant to the City's Police force. That Employee and Employer agree the consulting services shall be rendered by Employee to Employer until July 12, 2015. Further, said consulting services rendered by Employee shall constitute valuable services to Employer and the payment for services rendered, including current wages, benefits, and perquisites of the continued employment, including any pay raises of any type due to continued services being provided to Employer, are commensurate to the level of services to be rendered by Employee. The parties agree said consulting services to be rendered can be provided without Employee being present at the police station. The parties also agree that this continued employment is a bona fide employment agreement; 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 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 47 of the Illinois Pension Code (commonly referred to as the Police Pension Fund, see 40 ILCS 5/3 et. seq.); and vested to Employee for the payment of accrued earned time off per Divisions 5 (Vacation) and 9 (Sick) of the City's Personnel Policy, as it existed on August 3, 2011; and WHEREAS, the City is willing to accept such retirement and in return, will provide retirement benefits in the form of continued health insurance and any other benefits as set forth in this Separation Agreement and General Release; and WHEREAS, 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 Counsel 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: NLR Personnel 3/3/2015 I . Employee freely and voluntarily retires from employment at the City, effective July 12, 2015. 2. Employee shall no longer be Chief of Police as he will continue to be employed by Employer and become a consultant to the City's police force as detailed above. Employee's consulting services to be rendered can be provided without Employee being present at the police station. That Employer shall hold Employee harmless for and from any 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 regarding the consulting services provided by Employee. Further, Employer shall hold Employee harmless for and from any 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 regarding any actions, decisions, or omissions or failures to act by any newly appointed Chief of Police for City, or anyone acting in the capacity of Chief of Police for City from February 6, 2015 and into the future. 3.. 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. 4. As the Employee has attained the age of 50, he has become entitled to a pension under Police Pension Fund and has at least 20 years of service, the Employer will pay the entire amount of the applicable health insurance premium until the Employee and his spouse have attained the age of sixty -five (65) years of age or such other age as Congress may subsequently determine for Medicare eligibility (per Section 12.4 of the Employer's Personnel Policy as it existed on August 3, 2011). Upon attaining the age of sixty -five (65), or such other age as Congress may subsequently determine for Medicare eligibility, this coverage shall terminate. If Employee becomes re- employed where health insurance NLR Personnel 3/3/2015 is offered by the new employer, then the City is relieved from its obligation to pay any health insurance premiums. 5. Employee shall return all of Employer's property, including, but not limited to cell phone, vehicle, keys, tools, and computer equipment on or before That Employer shall return to Employee all of Employee's property still in the possession of Employer on or before 6. 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. 7. Employee acknowledges that he has seven (7) days from the date of his signature to revoke his signature on this Agreement. 8. Employer shall pay Employee any accrued and unused sick time, comp. time and vacation time in accordance with law on July 12, 2015. 9. This Agreement shall be construed in accordance with the laws of the State of Illinois. DATE: Jeffrey rit or 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. DATE: Kent A. McDowell DATE: WITNESS NLR Personnel 3/3/2015