Loading...
HomeMy WebLinkAboutCarl Smith Separation Agreement 2015SEPARATION AGREEMENT AND RELEASE This Separation Agreement and Release ("Agreement and Release") is entered into between Jefferson County, on behalf of its current and former officers, current and former elected officials, current and former employees, agents, and any entity providing Jefferson County coverage for third party liability claims (collectively "the County") and Carl Smith ("Mr. Smith"). The County and Mr. Smith are sometimes referred to collectively as the "Parties." Therefore, the County on the one hand and Mr. Smith on the other hand, intending to be legally bound, agree as follows: 1. Agreement Not Admission. Mr. Smith agrees that this Agreement and Release is not an admission by the County that it has violated any law or failed to fulfill any duty to Mr. Smith. 2. Separation Allowance. As consideration for this Agreement and Release, the County agrees to pay to Mr. Smith a Separation Allowance equivalent to three months' of the sum of the current regular salary plus the employer's share of current health, vision and dental insurance premiums, equaling a total sum of Twenty Four Thousand Four Hundred Sixteen Dollars and Forty Nine Cents ($24,416.49), subject to lawful state and federal deductions. The Separation Allowance shall be in addition to any allowable cash out for Mr. Smith's unused Personal Time Off (PTO) up to the PTO Bank Maximum, which shall be made pursuant to the Jefferson County Personnel Administration Manual. The County agrees that the Separation Allowance is payable within 10 days after either the Effective Date or the Separation Date of this Agreement, whichever is later. However, the Separation Allowance is expressly conditioned on Mr. Smith continuing to perform in good standing up through his Separation Date. During the remainder of his employment with the County, should Mr. Smith violate adopted laws, regulations or County resolutions, or act in a way that damages or creates legal or financial liability to the County, then the parties agree that no Separation Allowance shall be paid. 3. Additional Consideration. As further consideration for entering into this Agreement and Release, the County agrees as follows: a) To permit Mr. Smith to resign from his employment at the County, and b) To allow Mr. Smith to use PTO and exercise reasonable flexibility in work duties while still employed by Jefferson County, as may be necessary to seek other employment, and c) To provide a letter of reference to Mr. Smith, substantially incorporating the bullet points set forth in Exhibit A to this Agreement and Release, and PAGE I OF 5 SMITH INITIALS_( d) As long as Mr. Smith directs inquiries from prospective employers to the Human Resources Manager of the County, the County will only provide prospective employers with Mr. Smith's dates of employment, job title and salary, a copy ofthe letter of reference per paragraph (b), and the fact that Mr. Smith resigned from his employment with the County. 4. Separation Date. Mr. Smith's last day of employment with Jefferson County shall be Friday, September 25, 2015, which shall be his Separation Date. 5. Tax Consequences. Mr. Smith specifically acknowledges and agrees that the County has not made any representations to Mr. Smith regarding the tax or legal consequences of any consideration due to him or for his benefit pursuant to this Agreement and Release. Moreover,. Mr. Smith understands and agrees that any tax consequences and/or liability arising from his receipt of the Separation Allowance shall be his sole responsibility. 6. Release. Mr. Smith accepts the undertakings of the County in this Agreement as full settlement of any and all claims, known or unknown, arising out of or related, directly or indirectly, to his employment with the County, his separation from that employment, or for any and all other claims, known or unknown, of whatever kind or nature that Mr. Smith may have against the County, up through the date he signs this Agreement. This release includes, but is not limited to, any claims for damages or attorney's fees, for emotional distress, lost salary or other benefits, retaliation, wrongful termination or discrimination based upon disability, national origin, sex, age, or any other violation of any equal employment opportunity law, ordinance, rule, regulation, or order (including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act; the Family and Medical Leave Act; the Fair Labor Standards Act; Washington's Law Against Discrimination; Washington's wage and hour laws, the Employee Retirement Income Security Act of 1974, as amended; or any other federal, state, or local laws or regulations regarding employment discrimination or termination of employment) and any claims for wrongful discharge, fraud, breach of contract, misrepresentation, or any other claim under any statute, rule, regulation, or under the common law. These claims are examples, not a complete list, of the released claims, as it is the parties' intent that Mr. Smith release any and all claims, of whatever kind or nature against the County (including its current and former officers, current and former elected officials, current and former employees, agents, and insurers), up through the date he signs this Agreement, in exchange for the undertakings in this Agreement. Mr. Smith realizes this constitutes a full and final settlement of any and all such claims, and except for obligations arising under this Agreement, this settlement releases the County (and anyone else against whom Mr. Smith could assert any of the released claims) from any further liability to Mr. Smith (or to anyone else against whom Mr. Smith has power to bind in this Agreement and Release) in connection with such claims. PAGE 2 OF 5 SMITH INITIALS =- 7. ADEA Release. Mr. Smith acknowledges and agrees that he is waiving and releasing any rights he may have against the County under the Age Discrimination in Employment Act ("ADEA"), and that this waiver and release is knowing and voluntary. Mr. Smith acknowledges and agrees that he has been advised by this writing that (a) this waiver and release does not apply to any other rights or claims that may arise after the execution date of this Agreement; (b) he should consult with an attorney prior to executing this Agreement; (c) he has twenty-one (21) days within which to consider this Agreement although he may choose to voluntarily execute this Agreement and to waive such period of consideration); (d) he has seven (7) days following the execution of this Agreement to revoke this Agreement; (e) this Agreement shall not be considered fully executed and effective until the day the revocation period has expired (the "Effective Date"); and (f) nothing in this Agreement prevents or precludes Mr. Smith from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition, precedent, penalties, or costs for doing so, unless specifically authorized by federal law. Any revocation, as set forth above, shall be in writing and delivered to the County by 5:00 p.m. on the seventh (7th) day from the date that Mr. Smith signs this Agreement, at the following address: Erin Lundgren, Clerk of the Board/Human Resources Manager Jefferson County Board of Commissioners P.O. Box 1220 1820 Jefferson Street Port Townsend, WA 98368 8. Authority to Enter Agreement. Mr. Smith represents and warrants that, as of the date of this Agreement, he is of sound mind and body, over the age of 18, the true party in interest, and fully authorized to execute this Agreement. He further represents and warrants that he has not sold, assigned, transferred, conveyed, or otherwise disposed of any rights surrendered by him by virtue of this Agreement. 9. Governing Law and Dispute Resolution. Any dispute under this Agreement shall be governed by Washington law. Any dispute regarding the enforcement of this agreement shall be resolved through arbitration before Paris Kallas at Judicial Dispute Resolution, LLC. The parties agree to waive any defense as to jurisdiction or venue in relation to any arbitration proceeding so brought. 10. Attorney's Fees. The prevailing party in any proceeding brought to enforce this Agreement shall be entitled to recover its costs, including reasonable attorney's fees. 11. Entire Agreement. This Agreement (a) contains the entire understanding of the parties with respect to the subject matter covered; (b) supersedes all prior and contemporaneous understandings; and (c) may only be amended in a written instrument signed by the parties. PAGE 3 OF 5 SMITH INITIALS i 12. Survival. Mr. Smith acknowledges and agrees that if any provision of this Agreement and Release, or compliance by Mr. Smith or the County with any provision of this Agreement and Release, constitutes a violation of any law, or becomes unenforceable and/or void, the remaining provisions of this Agreement and Release will remain in full force and effect. 13. Intentional Act. Mr. Smith acknowledges and agrees that he has read this Agreement and Release and has knowingly, willingly and voluntarily executed same of his own free will. Mr. Smith further acknowledges and agrees he was not the subject of coercion, duress or other pressure to execute this Agreement and Release by any person or entity or any representative of the County. Carl Smith Jefferson County Carl Smith Philip Morlounty Administrator g-12-,6 Date Date Approved as to Form: A r" David Alvarez Chief Civil Deputy Prosecuting Attorney PAGE 4 OF 5 SMITH INITIALS 6^, l Exhibit A Points for Letter of Reference Dates of Employment of Employees, annual budget of DCD General scope of DCD Director's responsibility per the adopted Job Description Key work items: o Secured Lean grant from WA State Auditor's Office, implemented Lean design for single family permitting to substantially reduce SFR application review times; o Significantly reduced the backlog of inactive permit applications and incomplete permits o Developed and implemented county code provisions and permitting in response to Initiative 502 for recreational marijuana o Convened a multi-party stakeholder group the is developing workable critical area protections for active farmlands o Began work on a periodic update of the County's Comprehensive Plan under the GMA o Negotiated an Interlocal Agreement with EJFR delegating most Fire Official responsibilities to the Fire District PAGE 5 OF 5 SMITH INITIALS