The URL can be used to link to this page

Home My WebLink About#5097 Rick E. Nichols Retirement RESOLUTION NO. 5097 A RESOLUTION OF THE COUNCIL OF THE CITY OF CANTON APPROVING A RETIREMENT AGREEMENT BETWEEN THE CITY OF CANTON AND RICK E. NICHOLS WHEREAS, Rick E Nichols has been employed by the City of Canton since July 121h 1994, and after over 22 years of service , Employee will retire effective May 2nd, 2017 and WHEREAS, The City is willing to accept such retirement and provide the provisions listed in Exhibit "A". THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS AS FOLLOWS: 1. That the Retirement Agreement attached and incorporated 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, 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 181h day of April, 2017 upon a roll call vote as follows: AYES: Aldermen Justin Nelson,Gerald Ellis,John Lovell,Angela Hale, Craig West, Tad Putrich NAYS: Alderman Ryan Mayhew ABSENT: None APPROVED: rPi Jeffrey A ayor ttest: ,/ r iana Pa'1111.-"tock, City Clerk EMPLOYMENT AGREEMENT AND GENERAL RELEASE (Exhibit "A") This Agreement is made this 18`h 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 Rick E. Nichols ("Employee"), who resides at 28890 N. Woodside Dr., Canton,Illinois 61520. WHEREAS, Employee has been employed by the City since July 12, 1994; and WHEREAS, Employee is currently the Chief of Police for the 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 continue to be Chief of Police until end of day, May 1st 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 days, personal days, sick days, pay raises and uniform allowance will remain in effect until end of day May Is` 2017. Any remaining benefit time (including vacation, personal, sick and comp time) after the May 1"2017, will be paid in full to Employee; and WHEREAS, Employer and Employee agree the basis for this Employment Agreement and General Release are not based upon claims of misfeasance, malfeasance or inappropriate or illegal conduct engaged in by Employee at any time during Employee's employment with Employer; and WHEREAS, Employee is 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 April Is',2017; 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 Employment Agreement and General Release; and WHEREAS, this Employment 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. Upon execution of this Agreement, nothing in this Agreement can be altered unless agreed upon by both Employee and Employer. NOW, THEREFORE, in consideration of the mutual promises, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Employee will retire from employment at the City, effective May 2nd, 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 and/or any newly appointed Chief of Police for the City, or anyone acting in the capacity of Chief of Police for the City from Julyl2th, 1994 and into the future. 3. 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/dental insurance premium until the Employee and his spouse have attained the age of sixty-five (65) or such other age as Congress may subsequently determine for Medicare eligibility. The premium payment shall be for the retiree, retirees spouse and dependent children as defined Section 12.3 of the Personnel Policy. The Employer and Employee agree that any future employment for the Employee will have no effect on these continued health/dental coverage benefits. Upon attaining the age of sixty-five (65), or such other age as Congress may subsequently determine for Medicare eligibility, this coverage shall terminate. 4. In addition, the Employer and Employee agree that the circumstance surrounding the Employee's reason for retirement constitutes separation compensation and agree to 8 weeks of pay (one week for every year worked in management) which is payable in full on the first payday following May l" 2017 or before. 5. Employer shall pay Employee in full on May 2"d, 2017 for any remaining accrued time; sick time, personal time, comp, and vacation time accrued up to end of day May 1s',2017. 6. Employee shall return the following Employer's property: cell phone, vehicle, keys, fob, Taser, portable radio/charger, 2-police coats, 1-vest, IPad and computer on or before May 2"d, 2017. That Employer shall return to Employee all of the following Employee's property (wall plaques, awards, patch display boards) still in the possession of the Employer on or before May 2"d, 2017, 7. Employee has been advised by Employer to consider this Agreement for a period of not less than seven (7) 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. 8. Employee acknowledges that he has seven (7) days from the date of his signature to revoke his signature on this Agreement. 9. This Agreement shall be construed in accordance with the laws of the State of Illinois. o41414/�0,7 Jeffrey A. Fritz, or 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 THE AG• MENT KNO . ING AND VOLUNTARILY. --7y/7 Ri' E. i ols Dat . I� 14fj 1/(3"///7Witness Date: