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R-2014-41 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 All resolutions or policies of the City in conflict herewith are hereby repealed to the extent of the conflict.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. 4 r , Y�w I4 . : PASSED AND ADOPTED this 9th day of December, 2014. ' '',,",Olt0, 101t4 , '' ,,r', `� i, 3 ''...',47,f 1,,i0.,.,ItNAives-A4,,,iv Cityof Clermont 1 ' ,' ' 't,,,,,,,,t -,r,ttow; 0 yi,ki,,„1 ! ' i,'IT 1,'FiMt-,,,:,;,,N t , 44SS'' � 4 n ��y a'' t , ./JA• ra.."/ tip.6 ,„. ,;:r„,.,,,4m,,A „,, 4,-;,, ..v , .._.___- ,, te— ,t,' e. ;)',,*, [0'‘Ilf, 41,,i,,v . . ,��4 , �krii: r:, �%a11'1 ,,., ail L. Ash, yor a ,,,4 �z,� � ,itx Mt-test:- 4J '„:„,.0,),'t ,�„ / � / dim,°A Tracy Ac .yd, City Cler 4 Approved a 4- orm-a .. - • • I s Da. •! '�', _•iAttorne 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; 1 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} 2 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. t o5, . A.-rmont P y, Cty anager As authorizeby the City Council at its meeting of December 9, 2014. Date 101.. ID) /t4 3 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. 1 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 2 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. tv / 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. 1i 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. 3