Copy of R-2014-41 Sep Agr CITY OF CLERMONT
RESOLUTION NO. 2014-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, APPROVING THE
VOLUNTARY SEPARATION AGREEMENT AND GENERAL
RELEASE WITH JAMES AND ROONEY,
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY DOCUMENTS IN ACCORDANCE WITH THE
SEPARATION AGREEMENT, AND PROVIDING AN EFFECTIVE
DATE.
NOW THEREFORE, be it resolved by the City Council of the City of Clermont,
Lake County, Florida, as follows:
Section 1.
The City Council of the City of Clermont does hereby approve the Voluntary Separation
Agreement and General Release resolving any and all claims of James Rooney and
Rooney against the City for payment of $100,000 by the City and as more
particularly set forth in the Voluntary Separation Agreement and General Release
attached hereto as Exhibit "A". The funds shall be paid in exchange for a full and
complete release of any and all claims against the City.
Section 2.
The City Manager is hereby authorized to execute the Voluntary Separation Agreement
and General Release and all documents necessary to approve the settlement as set forth
therein.
Section 3.
All resolutions or policies of the City in conflict herewith are hereby repealed to the
extent of the conflict.
Section 4.
This Resolution shall take effect immediately upon its adoption.
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Y�w I4 . : PASSED AND ADOPTED this 9th
day of December, 2014. '
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VOLUNTARY SEPARATION AGREEMENT AND
GENERAL RELEASE
Officer James Rooney (Rooney) and the City of Clermont (City), in exchange for the
mutual covenants and consideration and subject to the terms and conditions contained herein and
the incorporated general release, agree as follows:
1. Rooney agrees and acknowledges that as of the Separation Date set forth in paragraph 2
below, he shall voluntarily separate from employment in any capacity with the City of Clermont
and further agrees that he will not at any time in the future apply for re-employment with the
City. Rooney expressly waives any and all claims of retaliation and First Amendment violations
based upon his being ineligible for rehire.
2. Rooney shall remain on Administrative Leave with Pay until the Separation Date at the
rate of pay and with all benefits he is receiving as of the date of this Agreement. The Separation
Date shall be the earlier of May 1, 2015 or, in the event that Rooney applies for disability
benefits from the Police Officers pension Plan, the date of final action on Rooney's application
by the Board of Trustees of the Plan.
3. The City shall pay to Rooney the sum of ONE HUNDRED THOUSAND DOLLARS
($100,000.00). In exchange for and as a condition of receiving the payment as provided herein,
Rooney and his wife, shall execute and deliver to City a general release, in the form attached
hereto, and, on behalf of themselves, their heirs, executors, administrators, agents and assigns,
releasing and forever discharging the City, its Council, employees, former employees, heirs,
executors, administrators, agents and assigns, from any and all claims, demands, damages,
actions, causes of action or suits of any kind or nature whatsoever, known and unknown, which
have resulted as of result of any actions taken by the City of Clermont, its Council, employees,
former employees heirs, executors, administrators, agents and assigns at anytime. The City shall
pay the above-referenced sum to Rooney within ten (10) days of the delivery to Darren Gray,
City Manager, of the original release attached and executed by Rooney and his wife.
4. Within fifteen (15) days from the Separation Date, City shall pay to Rooney all accrued
vacation and the applicable portion of sick leave benefits he may be entitled as of the Separation
Date and as set forth in the City's personnel and payroll polices existing as of the date of this
Agreement, less any and all applicable withholding, FICA and other applicable payroll
deductions. The Parties agree and acknowledge that as of November 18, 2014, Rooney has
accrued unused vacation hours of 382.42 (eligible for payment at 100%); accrued unused sick
hours of 207.44 (eligible for payment at 25%) and accrued unused comp hours of 12.97 (eligible
for payment at 100%).
5. The City further agrees as follows:
a. the City shall accept Rooney's voluntary resignation as of the Separation
Date;
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b. the Internal Investigations referred to below shall be closed with the
designation that the allegations of misconduct contained therein have been deemed "not-
sustained";
IA Number: PS 2014-36
IA Number: PS 2014-37
IA Number: PS 2014-38
c. the City will complete the CJSTC's Form 61, Affidavit of Separation to the
FDLE, and check the box, "Voluntary separation not involving misconduct";
d. in response to inquiries regarding Rooney's employment with the City,
City's authorized representatives shall only provide the following information:
Rooney's dates of employment with the City;
Rooney's last rate of pay; and
Rooney voluntarily separated in good standing.
6. Within ten (10) days of execution of this agreement by Rooney, Rooney shall
return to City any and all City-issued, equipment, uniforms or weapons in Rooney's possession.
7. Nothing herein shall prohibit Rooney from applying for and receiving any
retirement or disability benefits he may be entitled to pursuant to the Clermont Police Officers
Pension Plan.
8. Nothing herein shall act as an assurance by City or any of its employees or agents
that any agency or entity, other then City shall not take action involving Rooney.
9. In the event of breach of this agreement, the parties agree that either party may
exercise whatever remedy is available to it at law, including, but not limited to specific
performance or injunctive relief. In the event it shall be necessary for either party to this
Agreement to bring suit to enforce any provision hereof or for damages on account of any breach
of this Agreement or of any covenant, condition, requirement or obligation contained herein, the
prevailing party in any such litigation, including appeals, shall be entitled to recover from the
other party, in addition to any damages or other relief granted as a result of such litigation, all
costs and expenses of such litigation and a reasonable attorneys'fee as fixed by the Court.
The parties state and acknowledge that they have carefully read this Agreement,
and fully understand its meaning and intent, including, but not limited to, its final, legal
{Remainder of page intentionally left blank}
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and binding effect. Further that they have reviewed this matter with legal counsel of their
choo ' g and prior to signing this Agreement.
James"ooney
V
STATE OF FLORIDA:
COUNTY OF LAKE
On evvaper 1 CD 2014, James Rooney personally appeared before me, a duly
authorized notary ub ' ted for purposes of
identification is personally known to me, isl executed the foregoing Voluntary Separation
Agreement and General Release and duly acknowledged to me that he freely executed the same
on 1 a date stat-d herein. ,
Notary Pu•"is ( P . TRACY ACKROYD
MY COMMISSION/EE128654
Commission Number '�� EXPIRES.September o8.2o15
Expiration Date 1. .3a'1DTARy fl AlatmyDimwit Ars=Cb.
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A.-rmont
P y, Cty anager
As authorizeby the City Council at its meeting of December 9, 2014.
Date 101.. ID) /t4
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GENERAL RELEASE
In exchange for payment to be made to you in the gross amount of ONE HUNDRED
THOUSAND DOLLARS ($100,000) paid to you by the City of Clermont (the "City") less any
legally required deductions or debts owed to the City:
A. James Rooney and S. Rooney (collectively the "Releasors") agree not to sue or
to file any action or charge, claim, grievance, or lawsuit, to withdraw with prejudice all
complaints or charges, if any, that Releasors have filed against the City with any body, agency or
court, and to irrevocably and unconditionally release and discharge the City and all affiliated and
related entities, former and current official, employees, directors, officers, agents, successors, and
assigns (collectively the "Released Parties"), from any and all claims, wages, causes of actions,
expenses, attorneys' fees, damages,judgments, and liabilities of any and every nature whatsoever,
known or unknown, which you may now have or may hereafter have, growing out of or arising
from or pertaining to any transaction, dealing, employment relationship, conduct, act or omission
or any other matters or things occurring or existing at any time prior to the date of this General
Release (the "Release"), including, but not limited to, those claims arising from or related to
James Rooney's employment with the City and/or his separation from employment with the City.
These claims include those under any and all applicable federal, state or local laws, regulations,
ordinances; other administrative guidance, or common law claims of any type including, but not
limited to, any claim for age or other type of discrimination under the Age Discrimination in
Employment Act, 29 U.S.C. s. 621, et seq., including the Older Workers' Benefits Protection Act;
any discrimination claim under Title VII of the Civil Rights Act of 1964, as amended; and the
Civil Rights Act of 1991, 42 U.S.C. s. 2000e et seq.; any claim of disability or other
discrimination under the Americans with Disabilities Act, 42 U. S.C. s. 12101 et seg.; any claims
under the Employees' Retirement Income Security Act of 1974, as amended, 29 U.S.C. s. 1001,
et seq; Section 504 of the Rehabilitation Act of 1973, as amended; the Fair Labor Standards Act,
29 C.F.R. S. 41 et seq, as amended, including the Equal Pay Act, the Consolidated Omnibus
Reconciliation Act, as amended; the Family and Medical Leave Act of 1993, 29 U.S, "-- s. 2601
et seq., the Florida Civil Rights Act, ch. 760, Fla. Stat.; the Florida Workers' Compensation Act,
ch. 440, Fla. Stat., or any other federal, state, or local law restricting an employer's right to
terminate employees, or otherwise regulating employment, enforcing express or implied
employment contracts, or providing recourse for alleged wrongful discharge, physical or personal
injury, emotional distress, fraud, negligent misrepresentation, defamation, and similar or related
claims (collectively "Released Claims"). By signing this Release, Releasors are not releasing (a)
any right to enforce this Release, (b) any right to enforce the Voluntary Separation Agreement
between the City and you dated December 10, 2014 or (c) any claims or rights that Releasors
may have with regard to any applicable benefits for which James Rooney is eligible pursuant to
the Police Officers Retirement Plan maintained by City (collectively "Excluded Claims").
Releasors agree not to assert that this Release of the Voluntary Separation Agreement is an
admission of guilt or wrongdoing by the Released Parties. The Released Parties expressly deny
any violation of any policies or procedures, or federal, state or local laws, regulations, or
ordinances.
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B. Releasors agree not to make any derogatory, negative or disparaging statements to any
third person, or otherwise make any comment or communication casting in a negative light the
Released Parties, or its officials, employees, former employees, officers, directors and agents;
provided, however, that nothing in this Paragraph is intended to bar Releasors from giving
testimony pursuant to compulsory legal process or as required to comply with Florida's Public
Records Law..
The Released Parties agree that no authorized representative of the Released Parties, shall
make any derogatory, negative or disparaging statements to any third person, or otherwise make
any comment or communication casting in a negative light Releasors; provided, however, that
nothing in this Paragraph is intended to bar any Released Parties' representative from giving
testimony pursuant to compulsory legal process or as required to comply with Florida's Public
Records Law.
C. Releasors further acknowledge that this agreement covers all claims, which Releasors
have or may have against the City as of date on which Releasors sign it, except for the Excluded
Claims listed above. This Release specifically includes, but not by way of limitation, all
monetary, legal, and equitable claims that Releasors may assert or that may be asserted on
Releasors behalf against the City (including, without limitation any claims for back pay, front
pay, vacation pay, liquidated damages, punitive damages, compensatory damages, special
damages, and costs including expert witnesses and attorney's fees) together with any and all
claims that have been asserted by Releasors or on Releasors behalf in any suit, charge, or
grievance against the City, for or on account of any matter or thing whatsoever up to including
the present time. Releasors represent and warrant that they have not assigned or transferred any
claim that they are, releasing, nor have they purported to do so and that no person or entity other
than Releasors is entitled to assert on your behalf any claims of any kind or character based on or
arising out of or alleged to have been suffered by Releasors in or as a consequence of James
Rooney's contacts and relationship to date with the City, and Releasors agree to indemnify and
hold harmless the City from and against any such claim or claims asserted on your behalf by any
other person or entity. Releasors further acknowledge that they are responsible for paying any
and all taxes on the payment described above.
Releasors agree that in the event of any breach of this Release, City will have no obligation to
make any further payments under the Voluntary Separation Agreement. In addition, City shall be
entitled to seek all legal remedies, including injunctive relief in any court of competent
jurisdiction barring Releasors from further breaches of this Agreement. In the event it shall be
necessary to bring suit to enforce any provision hereof or for damages on account of any breach
of this Release or of any covenant, condition, requirement or obligation contained herein, the
prevailing party in any such litigation, including appeals, shall be entitled to recover from the
other party, in addition to any damages or other relief granted as a result of such litigation, all
costs and expenses of such litigation and a reasonable attorneys'fee as fixed by the Court.
The parties acknowledge that they have carefully read this Release, and fully understand its
meaning and intent, including, but not limited to, its final, legal and binding effect. Releasors
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state further that they are knowingly and voluntarily executing this Release of their own free will.
Releasors further acknowledge that no other promises or agreements of any kind have been made
to or with them by any person or entity to cause you to sign this Release.
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4James Rooney, R or oney, Releasor
STATE OF FLORIDA:
COUNTY OF LAKE
On e_ vi.htr- 10 , 2014, James Rooney and S. Rooney personally
appeared before me, a duly auto• '--a i a - Is • blic, presented for
purposes of identification o .re sersonally known to me,-and executed the foregoing General
Rel:.se and duly acknowledged to me that he freely executed the same on the date stated herein.
i .• .'.11 ,��._ Notary Seal: elatt. TRACY CKROYD
MY COMMISSION ISEE1286S4
Notary Public t ' ��p EXPIRES SePtembtrOS,2015
1.a01.3JlOTMY W Notary Duccosi Macs.CO
City of Cle 01
.,
By:
G. g e \ay, Ci Manager
STATE of FLORIDA:
COUNTY OF LAKE
On^ wloex 10 , 2014, Darren Gray, as City Manager of the City of
Clermont, personally appeared before me, a duly authoriz public, presented
for purposes of identification o 's ersonally known to me, an�
executed the foregoing General Release and duly acknowledged to me that she freely executed
the .ame on the date stated he •'i.
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A , _ P % TRACY ACKROYD
,fit Notary Seal: MY COMMISSION 0 EEI286S4
at+> EXPIRES S 08.201S
Notary P t bli 1.,,,0T,RY 91 Notary Dimmest Amos.Co.
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