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HomeMy WebLinkAbout#5168 Retirement of Greg Pollitt RESOLUTION NO. 5168 A RESOLUTION OF THE COUNCIL OF THE CITY OF CANTON APPROVING A RETIREMENT AGREEMENT AND SEPARATION AGREEMENT BETWEEN THE CITY OF CANTON AND GREG POLLITT WHEREAS, Greg Pollitt ("Employee") has been employed by the City of Canton since October 23, 1990, and after 28 years of service, Employee shall retire effective October 27, 2018; 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 and Separation 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 Agreements 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 16th day of October, 2018, upon a roll call vote as follows: AYES: Aldermen Q Mayhew, Angela Lingenfelter, Tad Putrich, Angela Hale, Craig West, John Lovell, Justin Nelson NAYS: None ABSENT: Alderman Ryan Mayhew APPROVED: ) w-Q0 4K nt McDowell, r Attest: Dian . ey-- ock, Ci y Clerk 1 RETIREMENT AND SEPARATION AGREEMENT (Exhibit " A") This Retirement and Separation Agreement ("Agreement") is made this 16 day of October, 2018, by and between the City of Canton ("City" or "Employer"), an Illinois Municipal Corporation, located at 2 North Main Street, Canton, Illinois, and Greg Pollitt ("Employee"), who resides at 783 West Walnut, Canton, Illinois 61520. WHEREAS, Employee has been employed by the City since October 23, 1990; and WHEREAS, After nearly 28 distinguished years of service, Employee shall retire on October 27, 2018; 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 through his Pension Plan by virtue of Article 7 of the Illinois Pension Code (Commonly referred to as the Illinois Municipal Retirement Fund, see 40 ILCS 5/7-101 et. seq.) and vested to Employee for the payment of accrued earned time off pursuant to 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 and health insurance for Employee and his spouse as set forth in this Agreement. WHEREAS, Employee and Employer agree this continued employment is a bona fide employment agreement and any and all benefits excluding, but not limited to the accumulation of vacation days, personal days, sick days, pay raises and any applicable benefits will remain in effect until the end of the day on October 27, 2018. Any remaining benefit time (including vacation, personal, sick and comp time) after October 27, 2018, will be paid in full to Employee pursuant to the terms and conditions of the City's Personnel Policy. Further, due to Employee's position being eliminated, he shall be paid twelve (12) weeks of his normal salary pursuant to Section 12.6 of the 2011 version of the City of Canton Personnel Policy ; and WHEREAS, Employer and Employee agree the basis for this Agreement is 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, this Agreement shall 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 in writing. NOW, THEREFORE, in consideration of the mutual promises, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 2 1. Employee freely and voluntarily retires from employment at the City, effective October 27, 2018. 2. Employee expressly waives, releases and forever discharges the City, its entities, departments, officers, directors, employees and agents, attorneys, 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, both Federal and State, 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 and dental insurance for himself and his 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, this coverage shall terminate. If Employee becomes re-employed where insurance coverage is provided by the new employer, then the City is relieved from its obligation to pay for any health insurance premiums. 4. As the employee attained the age of 56, he has become entitled to a pension under the Illinois Municipal Retirement Fund and shall receive appropriate pension payments pursuant to the law. 5. Employee shall return all of Employer's property, including, but not limited to cell phone, vehicle, keys and computer equipment on or before October 27, 2018. 6. 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. 3 7. Employee acknowledges that he has seven (7) days from the date of his signature to revoke the signature on this agreement. 8. This Agreement shall be construed in accordance with the laws of the State of Illinois. ywr 1bJI'ff (7oi K nt McDowell, Ma ' 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 OF HIS CHOOSING FOR ASSISTANCE AND ADVICE. EMPLOYEE HAS ENTERED INT THI A EEMENT KNOWINGLY AND VOLUNTARILY. /6 Greg Po itt Date: Witness Date: 4