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HomeMy WebLinkAboutAgreements/Contracts - Human ResourcesK20-033 SETTLEMENT AGREEMENT By and Between GRANT COUNTY, TEAMSTERS LOCAL UNION NO. 760, And GREG KNUTSON THIS SETTLEMENT AGREEMENT is entered into by and between Grant County and Grant County Sheriffs Office (together hereinafter referred to as "Employer"), Teamsters Local Union No. 760 (hereinafter referred to as the "Union'D and Greg Knutson (hereinafter referred to as "Employee'7. The purpose of this Agreement is to address the terms and conditions for the Employee agreeing to not return to work as an employee of the Grant County Sheriffs Office. The Employer terminated the Employee's employment effective April 2, 2018. The Union filed a grievance on behalf of the Employee on April 10, 2018. The grievance went to arbitration and the outcome of the arbitration was reinstatement of the Employee to his position of Corrections Sergeant. However, subsequent to the issuance of the arbitration award for reinstatement, the parties have reached this mutual Agreement whereby the Employee voluntarily and of his own free will agrees to not return to work and to resign/retire his employment based on the terms and conditions set forth in this Agreement. The consideration for this Agreement consists of the mutual undertakings set forth herein. NOW, THEREFORE, the Employer, the Union and the Employee do hereby agree as follows: Resignation/Retirement of Employee. Effective immediately upon the signing of this settlement agreement by all parties, the Employee hereby voluntarily and of his own free will permanently resigns/retires from the Grant County Sheriffs Office, The Employee acknowledges and agrees that he shall have no authority to nor shall he act at any time in the future as an employee of the Corrections Division of the Grant County Sheriffs Office. Issuance of documentation and of Sheriffs bade by Sheriff. The Sheriff agrees to issue documentation to the Employee indicating that the Employee "qualifies as a retired law enforcement officer under RCW 9.41.060(10)," subject to and consistent with the relevant State and Federal statutory provisions and authorities. Furthermore, the Sheriff agrees to issue to the Employee the Employee's former Sheriffs Department badge to serve as sentimental value only. The Sheriff will issue both items within thirty (30) calendar days of the signing date of this Agreement by the last signing party. However, this documentation and the provisions of this Agreement do not alter the Employee having to comply with Washington state laws and regulations before becoming eligible for retirement benefits. SETTLEMENT AGREEMENT/GRANT COUNTY/TEAMSTERS/KNUTSON Pagel of 7 Payment to Employee. In consideration of the waiver and mutual release of claims, agreement to permanent resiguation/retirement, on account of emotional distress and pain and suffering, and other benefits reflected in this Agreement, the Employer agrees to pay the Employee the sum of one hundred thousand dollars ($100,000.00). This amount due to the Employee will be paid to the Employee through the Employer's accounts payable process within thirty (30) calendar days of the signing date by the last signing party subject to the Employee complying with ADEA release and timelines reflected in section 12 of this Agreement. In addition to the payment described above, the Employer shall issue to the Employee a 1099 tax form. Tax Liability. Employee understands that the Employer shall issue him the tax forms documenting the payment to him. The Employer and the Union make no representation regarding the tax consequences of the consideration of this Agreement, and Employee understands and agrees that it is his obligation to appropriately report the income, to the extent required under applicable federal and state tax laws. Employee also agrees that he shall be exclusively liable for the payment of all federal and state taxes which may be due as the result of the consideration received from the settlement of disputed claims as set forth herein. Employee further agrees to indemnify and hold the Employee and the Union harmless for any tax obligations, penalties or other liabilities should any claims of assessment for taxes, withholding obligations, penalties or interest be made by the taxing authority against the Employee or the Union. Personnel File. The Employer agrees to permanently remove from Employee's personnel file any and all documents related to the internal investigation and discipline of Employee which led to the arbitration. This Agreement will be added to the existing documentation and personnel file of the Employee. Neutral Job Reference. The Employer agrees and understands that in the event the Employer receives a question from a prospective employer of the Employee, the Employer will provide the prospective employer with a "neutral" reference. By way of an example, a "neutral" job reference would be limited to (1) Employee's date of hire; (2) Positions held; (3) Duration of positions held; and (4) that the Employee voluntarily resigned/retired from his employment of his own free will. If the prospective employer asks about the Employee's work performance, an appropriate answer would be, "The Employee had positive performance reviews and received positive recognition for his training and accomplishments while working for the Sheriffs Office." No Pendine Claims. The Employee represents to the Employer and the Union, that he agrees he has no pending claims, lawsuits, charges, complaints, etc., of any kind whatsoever, against the Employer and the Union prior to the signing of this Agreement by the last signing party. SETTLEMENT AGREEMENT/GRANT COUNTY/TEAMSTERS/KNUTSON Page 2 of 7 Confidentialitti Clause. Subject to the Public Records Act, Chapter 42.56 RCW, the parties agree that they and their representatives will make a reasonable effort to keep this Agreement confidential. However, the parties agree that if this Agreement is responsive to a third party's request for public records pursuant to Ch. 42.56. RCW, the parties shall abide by the law and court of competent jurisdiction. 9. Waiver and Mutual Release of Claims. In consideration of the benefits and consideration reflected in this Agreement, and as a material inducement to the Employer, the Union, and the Employee to enter into this Agreement, the Employer, the Union, and the Employee release each other from any and all past and present claims arising on or before the effective date of this Agreement. As referred to herein, "past and present claims" means any and all claims arising out of the Employee's employment with the Employer and any and all claims arising out the representation by the Union arising on or before the effective date of this Agreement. The Employer waives and releases its past and present claims, if any, against the Employee related to his employment with Employer and against the Union. The Employee releases all his past and present claims, if any, against the Employer, Employer's elected and appointed officials, employees, and agents arising out of his employment with the Employer, including but not limited to, the release of any and all claims for individual relief in agency proceedings. The Employee releases all his past and present claims, if any, against the Union, Union's officials, employees, and agents arising out of the Union's representation of the Employee's interests, including but not limited to, the release of any and all claims for individual relief in agency proceedings. 10. Release and Counsel. The Employer, the Union, and the Employee have mutually agreed to enter into the terms and conditions of this Agreement. The Employee understands and acknowledges the significance and consequences of this Agreement and expressly agrees that the terms and conditions of this Agreement are to be given full force and effect according to each and all of its expressed terms and provisions. The Employee acknowledges that he has been given full opportunity and has been encouraged to consult an attorney of his choice regarding this Agreement. Knowing and understanding so, the undersigned Employee accepts the terms of this Agreement. 11. Breach and Enforcement. The Employer, the Union, and the Employee agree that this Agreement may be specifically enforced and may be used as evidence in a subsequent proceeding in which a party alleges a breach of this Agreement. The parties agree that in the event of an alleged breach of this Agreement, the parties will first attempt to resolve their differences through PERC Mediation. If PERC Mediation does not resolve the matter then the parties shall submit the matter to arbitration pursuant to the provisions of the current CBA. Each party shall be solely responsible for their own attorney's fees, their own witnesses' fees, the costs and expenses, etc, associated with their respective perspective of the SETTLEMENT AGREEMENT/GRANT COUNTY/TEAMSTERS/KNUTSON Page 3 of 7 presentation of the case. The parties shall share equally the Arbitrator's fees, costs and expenses. 12. Older Workers' Benefits Protection Act Provisions. In accordance with the requirements of the Older Workers' Benefits Protection Act, the Employee expressly acknowledges his understanding of the following: That the waiver and release of claims provisions set forth above at section 9 of this Agreement includes, but is not limited to, a waiver and release of all claims, charges, or rights of action the Employee may have against the Employer under the Age Discrimination in Employment Act (subsequently "ADEA") except those that may arise after the date the Employee signs this Agreement. b. That the Employer is hereby advising the Employee in writing to consult with an attorney prior to accepting this Agreement. C. That the Employee has twenty-one (21) days from the time in which the Employee is first presented with this Agreement to consider whether or not to accept it. The Employee also understands that, while it is the Employee's right to decide to accept, enter into, and execute the Agreement before the end of that 21 -day period, that the Employee is under no obligation to do so. For purposes of calculating this period, Employer and Employee acknowledge that Employee was first presented with this Settlement Agreement on the date stated below in the Employee's Acknowledgement of Receipt, and that the twenty-one (21) day period expires on Au -1— _ 3 , 2020. The Employee also understands that by returning the signed Agreement prior to the expiration of this twenty-one (21) day period, the Employee has KNOWINGLY AND VOLUNTARILY WAIVED any right to the STATUTORILY PRESCRIBED WAITING PERIOD AND HAS ACCEPTED THE shortening of the statutorily prescribed waiting period, and that the decision to do so was not induced through fraud, misrepresentation, or threat to withdraw or alter the offer herein prior to the expiration of the twenty-one (2 1) day time period. That the Employee's waiver and release of all claims, charges, and rights of action under the ADEA, as set forth above, is being made and given only in exchange for the consideration set forth in this Agreement, including sections 2, 3, 4, and 5 as well as any other provisions of this Agreement that are sufficient to support a contract. The Employee also agrees and acknowledges that the consideration provided to Employee under this Agreement is in addition to anything of value to which Employee may already be entitled. That for a period of seven (7) days following the execution of this Agreement, Employee may revoke the Agreement. The Employee further SETTLEMENT AGREEMENT/GRANT COUNTY/TEAMSTERSlKNUTSON Page 4 of 7 understands that if the Employee does not revoke the Agreement within the seven (7) day period, this Agreement will be enforceable seven (7) days after the date of acceptance. 13. Complete_ Agreement. This Agreement represents and contains the entire understanding between the parties in connection with the subject matter of this Agreement. The Agreement shall not be altered or varied except in a writing signed by the Employer, the Union and the Employee. It is expressly acknowledged and recognized by all parties that there are no verbal and/or written collateral agreements, understandings, or representations between the parties other than as contained in this document, and any such prior agreements are specifically revoked and terminated. 14. Governing,. Law. Unless otherwise controlled by federal law, the interpretation and enforcement of this Agreement shall be governed by the laws of the State of Washington. 15. Reliance and Rig=ht to Consult with an Attornec. The Employee and Union represent and acknowledge that in executing this Agreement, they do not rely and have not relied upon any representations and/or statements not set forth herein made by the Employer or by any of the Employer's employees, agents, representatives, or attorneys with regard to the subject matter, basis and/or effect of this Agreement or otherwise. The Employer represents and acknowledges that in executing this Agreement, the Employer does not rely and has not relied upon any representation and/or statement not set forth herein made by the Union or by any of the Union's employees, agents, representatives, or attorneys with regard to the subject matter, basis and/or effect of this Agreement or otherwise. The Employee understands and agrees that he had the right to consult with an attorney of his choosing during the entire process of developing and agreeing to the terms and conditions of this Agreement. 16. Si�-niature in Counten)art_and Facsimile Procedures: This Agreement may be executed in counterpart and shall be binding upon the parties. Transmission of this Agreement by .pdf shall serve as an original and be binding. The parties may circulate duplicate originals of this document for signature so that each party has an original of this agreement showing signatures of all parties. 17. Attorne% s' Fees. Costs and Expenses, Each party shall be solely responsible for paying for their own attorney's fees, costs and expenses. 18. Effective Date. The effective date of this Agreement shall be the date on which the last signing party executes this Agreement. SETTLEMENT AGREEMENT/GRANT COUNTY/TEAMSTERS/KNUTSON Page 5 of 7 ACKNOWLEDGEMENT OF RECEIPT This Agreement was given to me on the date next to my signature: a-rizo2 Greg Knu n Date Employee PLEASE READ CAREFULLY. THIS IS A SETTLEMENT AGREEMENT. SIGNATURES ARE ON THE NEXT PAGE. SETTLEMENT AGREEMENT/GRANT COUNTY/TEAMSTERS/KNUTSON Page 6 of 7 ACCEPTANCE OF AGREEMENT EMPLOYER: BOARD OF GRANT COUNTY COMMISSIONERS: f -�542� — N-aaa-- Cindy Carter, Chairwoman of the Board Date 2 t' (Lo �Stee.s, Vice of the Board Date he Board Date GRANT COU RIFF DEA RTMENT: Tom Jones, Grant County Sheriff Date UNION: TEAMSTERS LOCAL UNION NO. 760: aW &-A 4n/,C.LQ4-!A/I o? -I/ - Decorah Anderson, Business Representative Date EMPLOYEE: I have accepted and agree to the terms and conditions of this Agreement as of the date next to my signature. Zo Greg Kn so Date (Print Name) SETTLEMENT AGREEMENT/GRANT COUNTY/TEAMSTERS/KNUTSON Page 7 of 7