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HomeMy WebLinkAboutContracts & Agreements_112-2007_CCv0001.pdf RETIREMENT INCENTIVE, RELEASE AND SETTLEMENT AGREEMENT This Retirement Incentive, Release and Settlement Agreement (hereinafter referred to as "Agreement") is made and entered into by and between the City of Redlands ("City") and Michael Corbett("Employee"). City and Employee are sometimes individually referred to herein as a"Party" and, together, as the "Parties." RECITALS WHEREAS, Employee has been employed with the City since March 15, 1993; and WHEREAS, Employee is a member of the Redlands Police Officers' Association ("RPOA"); and WHEREAS, the City provides its employees who are members of the RPOA with retiree health care coverage pursuant to the Memorandum of Understanding dated July 1, 2005, if they retire after at least fifteen (15) years of service with the City; and WHEREAS, the City is experiencing budgeting challenges and needs to reduce expenses; and WHEREAS, Employee wishes to retire prior to his fifteen (15) years of service in exchange for the City's agreement to provide the sarne retiree coverage that he would receive if he had completed fifteen (15) years of service; and WHEREAS, it is in the best interests of the City to offer to Employee the retiree benefits he would receive if he remained in City employment for the full fifteen(15) years in exchange for an agreement to retire by the date certain specified herein; and WHEREAS the City and Employee wish to settle and resolve all disputes, controversies, claims and actions that may exist relating to Employee's retirement in order to make their peace and avoid the uncertainties of possible litigation, investigation or review, and the expenses and costs incident thereto; NOW, THEREFORE, the City and Employee covenant and agree as follows: AGREEMENT 1. Employee does hereby and forever release and discharge the City, and its elected officials, officers, employees, and each of them,past and present, from any and all causes of action, actions,judgments, liens, indebtedness, damages, losses, claims, liabilities, and demands of whatsoever kind or character,known or unknown, suspected to exist or not suspected to exist, anticipated or not anticipated, whether or not heretofore DMAgreeCorbett Release—Settlement Agreement brought before any state or federal court or before any state or federal agency or other governmental entity related or attributable to Employee's election to retire with the early retirement incentive set out herein, and from any grievance or other dispute between the Parties, whenever such claims may have occurred. This release and discharge includes, but is not limited to, any claims Employee may have for wrongful termination or other tortious conduct, age or any other prohibited discrimination or harassment, violation of due process, retaliation and claims for attorneys' fees and costs. 2. Employee understands that this Agreement extends to all disputes or claims of every nature and kind, known or unknown, suspected or unsuspected,past, present or future, arising from or attributable to Employee's election to retire with the early retirement incentive set out herein. Employee further acknowledges that any and all rights granted him under Section 1542 of the California Civil Code, or any other analogous federal or state law or regulation, are hereby expressly waived. Said Section 1542 of the California Civil Code reads as follows: SECTION 1542. CERTAIN CLAIMS AFFECTED BY GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 3. Employee understands and expressly agrees that this Agreement shall bind and benefit his spouse, and any and all children,heirs, agents, attorneys, representatives and assigns. 4. Employee covenants not to sue or initiate against the City any action or proceeding or to participate in the same, individually, or as a member of a class, under any policy, contract, law or regulation, federal, state or local, pertaining in any manner whatsoever to Employee's employment and/or retirement and any fights he has or may have under any policy, or local, state or federal statute, law or regulation. 5. Employee acknowledges that he has carefully read this Agreement and has been advised fully of the legal and binding effect of its terms. Employee acknowledges that the only promises made to induce him to sign this Agreement are those stated herein. Having been fully advised and informed, Employee voluntarily enters into this Agreement and/or the waiver of rights covered by this Agreement. 6. Employee waives any rights he has or may have under the Fair Employment and Housing Act, Title VII of the Civil Rights Act, Age Discrimination in Employment Act(29 U.S.C. Section 621 et. seq.), Older Workers' Benefits Protection Act, United States or State Constitutional provisions and any other local, state or federal laws prohibiting discrimination in employment as to matters covered by this Agreement, and agrees to refrain from filing any grievance, claim, charge, complaint, action, appeal, or notice with the California Department of Fair Employment and Housing, the Equal 2 DMAgree,Corbett Release Settlement Agreement Employment Opportunity Commission, Department of Labor, or any other state or federal agency relating to his employment with the City, his retirement, or the other matters released herein. 7. Employee agrees that upon full execution of this Agreement and expiration of the period to revoke, he shall be retired. After the revocation period under this Agreement, Employee's retirement shall be irrevocable. 8. City agrees that upon retirement, Employee shall be eligible to receive the health insurance benefit provided for by the Memorandum of Understanding dated July 1, 2005, as if Employee had retired after fifteen (15) years of service to the City even though Employee's retirement date is prior to his completion of fifteen (15) years of service to the City. 9. No waiver by any Party of any breach of any term or provision of this Agreement shall be construed to be,nor be, a waiver of any preceding, concurrent or succeeding breach of the same, or any other term or provision thereof. No waiver shall be binding unless in writing and signed by the Party or individual to be charged or held bound. 10. This Agreement sets forth the entire agreement between the Parties hereto regarding the subject matter hereof 11. Employee has been given twenty-one(2 1) days to consider whether or not to sign this Agreement, and has had an opportunity to consult an attorney prior to signing it. Employee has the right to revoke this Agreement within seven (7) calendar days after he signs it. This Agreement will not be effective nor enforceable until it has been signed by the Parties and the seven-day revocation period expires. If Employee desires to revoke this Agreement, he must give actual notice of revocation to the City Manager for the City of Redlands before the seven-day revocation period expires. Said notice shall be effective only if and when received in writing by the City Manager of the City of Redlands, P.O. Box 3005, Redlands, CA 92373,before the close of business on the seventh calendar day after this Agreement was signed by Employee. 3 C MA2ree`_Corbett Release—Settlement Agreement EMPLOYEE ACKNOWLEDGES BY HIS SIGNATURE THAT HE FULLY UNDERSTANDS HIS RIGHT TO DISCUSS THIS WAIVER WITH LEGAL COUNSEL, THAT HE HAS CAREFULLY READ AND FULLY UNDERSTANDS THE WAIVER, AND THAT HE IS VOLUNTARILY AGREEING TO WAIVE ANY CLAIMS HE HAS OR MAY HAVE UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT AND OLDER WORKERS' BENEFITS PROTECTION ACT. CITY OF REDLANDS ,J Harrison, Mayor ATTEST: City lerk EMPLOYEE Michael Corbett 4 DJWAgree.Corbett Release—Settlement Agreement