Loading...
HomeMy WebLinkAboutTim Woolett Settlement Agreement 2015SETTLEMENT AGREMNT AND RELEASE This Settlement Agreement and Release C'Agreement and Release') is entered into between Jefferson County, and its current and officers, current elected officials, current employees, agents, and insurers (collectively "the County") and Tiro Woolen C"Woolett"). The County and Woolen are sometimes referred to collectively as the "Parties.' Therefore, the County on the one hand and Woolen on the other hand, intending to be legally bound, agree as follows: 1. Agreement Not Admission. Woolett 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 Woolen. 2. Settlement Pitymtnt. As consideration for this Agreement and Rebase, the County agrees to pay to Woolen the total sum of One Hundred and Five Thousand Dollars 105,000.00), subject to lawful deductions. This payment will be delivered to TimWoolett c% Beth Barrett Bloom, at Frank, Freed, Subit & Thomas LLP. The check will be made payable to Frank Freed Subit & Thomas, in trust for Tim Woolen. The County agrees that these amounts are payable within 10 days after the Effective Date ofthis Agreement. 3. Addf Ugl CggIJdtra 2g- As further consideration for entering into this Agreement and Release, the County agrees as follows.- a) ollows: a) To provide a mutually -agreeable letter of reference to Woolen, substantially incorporating the bullet points as set forth in Exhibit A to this Agreement and Release. b) To rescind the termination of Woolen and accept his resignation from the County as of April 1, 2015, and for the documents contained within the personnel file maintained by the County, and any other 'County -maintained records, regarding Woolen to also reflect that Woolen resigned from his employment with the County. The County shall also remove any documents relating to the alleged reasons for Woolett's termination of employment. After the personnel file meets these requirements, it shall be reviewed for compliance with this provision by Woolett's attorney. The parties agree that Woolett's last day on the County payroll was December 5, 2014. The County's obligations to contribute to Medicare, Social Security, PERS, and the like all terminated on December 5, 2014. However, for purposes of resolution of his claims and to effect the rescission of his termination, Woolen's date of resignation will be recorded as April 1, 2015, but this will have no impact on the fact that the County's obligations to contribute to Medicare, Social Security, PERS, and the like all ceased on December 5, 2014. I PAGE 1 OF 4 WOOLETT INITIAL _ c) As long as Woolen directs inquiries from prospective employers to the Human Resources: department of the County, the County will only provide prospective employers with Woolen's dates ofemployment as July 21,, 2014 — April 1, 2015, confirming his resignation as of April 1, 2015, ,job title and salary, and the fact that Woolen resigned from his employment with the. County. d) Woolen agrees that he will not volunteer any details about the settlement. He will only provide details if required to by law or as needed for use by his financial adviser. He may discuss this with his wife but she should be instructed not to divulge any details. 4. Tag Q9nm>aeneeal. Woolen specifically acknowledges and agrees that the County has not made any representations to Woolen regarding the tax or legal consequences of any considermdon;due to him or for his benefit punt to this Agreement and Release. 5. Release. Woolen accepts the undertakings of The County *in this Agreenimt as fu11 settlement of any and all claims, known or unknown, arising out of or related, directly or iIndirectly, to his employment with. the County, his separation from that employment, or for any and. all other claims, known or unknowm, of whatever kind or uau= that Woolen may have against the County, up through the date he signs this Agreement. This rebase includes, but is not limited to, any claims for damages or attorney's Pecs, for emotional distress, lostsalary or other benefits, retaliation, wrongful termination or discrimination based upon disability, national orifi, sex, age, or any other, violation of any equal employment opportunity law, ordmance, rule, regulation, or order (including, but not linuW 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 claim are examples, nest acomplete list; of the released claims, as it is the parties' intent that Woolen release any and all claims, of whatever kind or nature against. the County (including its current and former officers, current and farmer elected officials, current and former employees, agents, and insurers), ups through the date he signs this Agreement, to exchange for the undertakings in this Agreement Woolen 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 Woolen could assert any of the released claims) from any fiucther liability to Woolen (or to anyone else against whom Woolett has power to bind in this Agreement and Release) in connection with such claims. 6. AREA Release. Woolen acknowledges and agrees that he is waiving and releasing any rights he may have against the County under the Age Discrimination in Employment Act AREA"), and that this waiver and release is knowing and voluntary. Woolen acknowledges and agrees that he has been advised by this writing that (a) this waiver and PAGE 2 OF 4 WOOLETr INITIALS ] 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 -orae (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 slate"); and (f) nothing in this Agreement prevents or precludes Woolett 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 pm. on the seventh (7th) day from the date that Woolett signs this Agreement; at the following address: Erin Lundgren, Clerk of the Board Jefferson County Board of Commissioners P.O. Box 1220 1820 Jefferson Street Port Townsend,. WA 98368 7. No ftbt of ReepI_oX9 e!IL Woolett acknowledges and agrees that he has no right of employment or reemployment or reinstatement with the County as long as Carl Smith remains as the Director of DCD. He may seek employment or reemployment with the County only if Mr. Smith is no longer Director of DCD. If Woolett applies for employment with the County, Woolett agrees that in the event he does not get hired and/or is not offered a job, whetheror not he is the most qualified applicant or not, he will not assert, allege or claim in any way that his prior employment with the County, or its termination, or his claims against the County or their resolution were in any way related to his failure to get ajob offer. 8. Nov-Disnaraeement. As of the date of this Agreement, Woolen agrees to refrain from making derogatory, and/or disparaging oral or written statements to the public, or any third party, about the County, his employment with the County, or any general matter concerning the County's reputation, and will refrain from making such comments about the County's current and former officers, current and former elected officials, current and former employees, agents, and insurers successors and assigns. Likewise, as of the date of this Agreement, the County, through its Board of Commissioners, and Stacie Hoskins and Carl Smith, agree to refrain from making derogatory, and/or disparaging oral or written statements to the public, or any third party, about Woolett, his employment with the District, or any general matter concerning his reputation. 9. Authority to Enter Agreement. Woolett represents and warrants that, as of the date of this Agreement, he is the true party in interest, that he is fully authorized to execute this PAGE 3 OF 4 WOOLETT MMALS _ Agreement, and that he has not sold, assigned, transferred, conveyed, or otherwise disposed of any rights surrendered by virtue ofthis Agreement. 10. gtwendni atw and Rte Regghution. 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 patties agree to waive any defense as to ;jurisdiction or venue in relation to any arbitration proceeding so brought. It. AftgrnWs Fees. The prevailing party in any proceeding brought to enforce this Agreement shall be entitled to recover its costs, including reasonable attorney's fees. 12. &-t—ire Ag . This Agreement (a) contains the entire understanding of the parties with respect to the subject mutter covered, (b) supersedes ahh prior and contemporaneous understandings; and (c) may only be amended in a written instrument signed by the parties. 13. Narvtvs Woolett acknowledges and agrees that if any provision ofthis Agreement and Release, or compliance by Woolett or the County with; any provision of this Agreement and Release, constitutes a violation of any law, or becomes unenforceable aand/or void, the remaining provisions of this Agreement and Release will remain in full force and effect. Tim W lett Its: tai PAGE 4 OF 4 W40LETT INITIALS 4 fe E i