HomeMy WebLinkAboutResolution #4028 RESOLUTION NO. ~
A RESOLUTION OF THE COUNCIL OF THE CITY OF CANTON APPROVING A SEPARATION
AGREEMENT AND GENERAL RELEASE BETWEEN THE CITY OF CANTON AND JAMES W.
SNIDER
WHEREAS, Emptoyee has been employed by the City since July 29, 2009; and
WHEREAS, said Empioyee had an Employment Agreement that dictates the terms of Ternunation and
Severance (Section 10}; and
WHEREAS, As of May 7, 2013, Mayor Jeffrey Fritz has terminated the Employment Agreernent; and
WHEREAS, Employee is to be compensation puzsuant to the terms of the Employment Agreement and
the City's Personnel Policy when terminated; and
WHEREAS, the Separation Agreement and General Release, attached hereto and incorporated herein as
Exhibit "A" will become effective as of May 8, 2013.
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. Tha.t the Separation Agreement and General Release attached hereto and incorporated herein as Exhibit
"A" is herehy approved by the Mayor and Canton City Council.
2. That the Mayor is 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 thereo£
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 7th day of May, 2013 upon
a roll call vote as follows:
L~ ~us+~N ~Ip ,sc,~.;, ~,c~cC, ~ t,-,~ N~ rso`~~ L~eSt`
A~S: 1~-~ 1.~ < ~ ~rn~ +x 1 ~ 51 ~~r~ ~(?~l ~ll ~ t~ I
NAYS: 1~~'N ~
ABSENT:
APPROVED:
effr tz, Mayor
ATT ST:
avley, ity Cle
SEPARATION AGREEMENT AND GENERAL RELEASE
This Agreement is made this 7~ day of May, 2013, by and between the City o€ Canton ("City" or
"Employer"), an Illinois Municipal Corporation, located at 2 North Main Street, Canton, Illinois,
and James W. Snider ("Employee"), who resides at 14 North First Avenue, Canton, Illinois
61520.
WHEREAS, Employee laas been employed by the City since July 29, 2009; and
WHEREAS, said Employee had an Employment Agxeement that dictates the terms of
Termination and Severance (Section 10); and
WHEREAS, As of May 7, 2013, Mayor Jeffrey Fritz has terminated the Emplayment
Agreement; and
WHEREAS, Employee is to be compensation pursuant to the terms of the Employment
Agreement and the City's Personnel Policy when terminated; and
WHEREAS, this Separation Agreement and General Release will become effective as of
May 8, 2013.
NOW, TREREFORE, in consideration of the mutual promises, the receipt and
sufficiency of which aze acknowledged, the parties agree as follaws:
1. Employee last effective date of employment is May 7, 2013.
2. Pursuant to Sectian 10 of the Emplayment Agreement, the Employee is entitled t~ five
(5) month's salary and benefits based upon the compensation being earned at the date
of termination; and
a. Five month's salary - $3 $,437.50
b. Spousal optout ($450 per quarter for second and third quarters) -$900.00
c. Health insurance coverage will end Octobe~r 7, 2013 (Employee's portion of 20%
will be deducted from payout.)
3. Pursuant to Section 10 of the Employment Agreement, the Employee is entitled to be
compensated for all accrued vacation, personal and sick leave; and
a. Vacation balance -123.41 hours - $5,473.35
b. Persanal balance - 40.00 hours -$1,774.04
c. Sick balance - 88.04 - $3,902.88
4. Pursuant to Section 12.6 of the City's Personnel Policy, Employee is also entitled to
_ Sa1ary Continuation in the amount of three (3) weeks; and
a. $5,322.12
5. Pursuant to the Employment Agreement, the Employee can elect to have weekly
payments or one lump sum payment. Employee has elected to take tt~e pay as
follows:
a. $10,000 - May 8, 2013
b. $10,000 - June 9, 2013
1
c. $35,809.89 - July S, 2013
6. Pursuant to Resolution No. 3900, Employee is entitled to all rights vested in the ICMA
Retirement Fund.
a. ICMA Retirement Fund (paid to ICMA directly) -$768.~'S
7. In return foz said compensation, Employee expressly waives, releases and forever
dischazges the City, its entities, departments, officers, directors, employees and
agents, frorn 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
emplayrnent with the City or separation of said employment, including but not
limited ta, any and all claims of age discrimination under the Age Discrimination an
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 Illinais
Human Rights Ac~, the Americans with Disabilities Act, the Family Medical Leave
Act, the Ernployee Retirement Tncome Security Act of 1974 and all other forms of
employment discrimination under any federal, state or local statute or ordinance,
wrongful temtination, 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.
8. Employee will return a11 of Employer's property, including, but not limited to cell phone,
credit cards, keys, IPad., computer equipment on or before May 7, 2013.
9. This Agreement shall be construed in accordance with the laws of the State of Dlinois,
including any regulations administered by the Illinois Deparhnent of Employment
Security. Wages in lieu of notice are wages paid or payable by the City of Canton to
Jim Snider. Severance pay is not considered to be wages in lieu of notice and is not
disqualifying for unemployment insurance purposes.
EMPLOYER AND EMPL4YEE HAVE READ THIS AGREEMENT AND
UNDERSTAND THAT THE TERMS ARE LEGALLY ENFORCEABLE. THE
PARTIES HAD THE OPPORTUNITY TO NEGOTIATE AS TO THE EMPLOYMENT
AGREEMENT. THE PARTIES HAVE ENTERED INTO THIS AGREEMENT
KNOWINGLY AND VOLUNTARILY.
~ DATE:___~~ l
Je y ,
DATE: /~/•j'~ 3~ ~ ~ l„~
J s W. Snider
, 2