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SETTLEMENT AGREEMENT
By and Between
GRANT COUNTY,
GRANT COUNTY SHE .IFF" OFFICE,
,rEAMSTERS LOCAL UNION NO. 760
and
BRIAN KI LE
THIS SETTLEMENT AGREEMENT is entered into by and between Grant County
and Grant County Sheriff's Office (together hereinafter referred to as "Employer"),
Teamsters Local Union No. 760 (hereinafter referred to as the "Union") and Brian Kisles
(hereinafter referred to as "Employee"). The purpose of this Agreement is to address the
terms and conditions for the Employee agreeing to permanently resign as an employee of
the Employer. The grievance was set for an Arbitration hearing on August 14, 2023. The
parties' attorneys have discussed this matter with their respective clients and have
determined it is in the best interests of all parties to proceed with a settlement of all issues
by and between the parties rather than engage in expensive and time-consuming litigation.
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NOW, THEREFORE, the Employer, the Union and the Employee do hereby agree as
follows:
Resignation of Em toe Effective immediately upon the signing of this
Settlement Agreement by all parties, the Employee hereby agrees to
permanently resign his employment writh the Employer. The Employee
agrees he shall not seek employment now or in the future by and with the
Employer. Employee shall execute the notice of permanent resignation with
the Employer as reflected in Exhibit "'A""hereto.
Pavinent tolmrfloyec. Inconsideration of the waiver and mutual release of
any and all claims and agreement to permanently resign, the Employer
agrees to pay the Employee the sum ole, one hundred thousand dollars
($100,000.00). This amount 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 AREA release and timelines reflected in section 10 of this Agreement.
The Employee must submit a W-9 to the Employer as a condition precedent to the
payment being processed. The Employer will be 'issuing to the Employee a 1099
tax form and this tax form will be issued in preparation for the tax season, not
as payment occurs. The 1099 tax form is due to be issued by the Employer to
the Employee by January 31, 2024, for tax preparation purposes.
3. Tax Liability. The Employee understands and agrees that the Employer
shall issue him the tax forms documenting the payment to him. The
Employer and the Union make no representations regarding the tax
consequences of the consideration for this Agreement, and Employee
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understands and agrees that such tax consequences are solely his obligation
to appropriately report the income to the extent4 required under applicable
federai and state tax laws and to pay tine tax consequences. The 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 consideratlion received
from the settlement of disputeld claims as set forth herein. The Employee
further agrees to indemnify and hold the Employer and the Union harmless
from any tax obligations, penalties or other liabilities should any claims or
assessment for taxes, withholding obligations, penalties or interest be made
by the taxing authority against the Employer or the Union.
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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 "neLltral" reference to the extent pernAiitted by RCW 43.101.095. 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 resigned from his employment. If the
prospective employer asks about flne Ern plo y.;12,e's work performance, an
appropriate answer would be, "The Employe-..--. had positive performance
reviews wh%flle working for the Sheriff s Offin...e."
own Llairn.�- The Employee represents to the Employer and the
Union, that he has no pending claims, Ia-.wsuAl 1"Is, charges@ complaints,
grievanc,z:.-s, ULPs nor any other adrnlnistrafive law proceedings, etc., of any
kind whatsoe-1.1e.r. filed and pending acaunst the Employer an&'or the
Union prior to One signing of this Settlement Acrree!!I,%..r.t by the last signing
party.
Public RecordAct and..Qther j2v2mmental Records Requirements. The.
Employee understands, and agrees that the Employer is subject to the
Public Records Act, Chapter 42-56 RCW, as well as other governmental
records Lnequirernents such as the CJTC.-. employment background checks
under RCW 43 ). 10 1.095 and WAC 139-06-020, etc. and that as a result
of such governing statutes and rules, the Employer may be required to
release information relating to the underlying dispute between the
parties. Howi%e.,ver. the Employer and the L'nion acknowledge that the
underlying facts have not been adjudicated and therefore no final
disposition of the disputed facts has occurred.
Wai ivl lem er and M & Q I In consideration of the benefits and
uluaSe
consideration reflected in this Settlement Agreement, and as a material
inducement to the Employer, the Ulnion. and the Employee to enter into this
Settlement Agreement., the Employer, the L)nion, 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
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the Union arising on or before the effective date of this Settlement
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. This excludes any legal requirements Employer has
und,62..-r RCW 43.101.135) or other similar statutes under state and federal
law, The Employee releases any and all his past and present claims, if any,
against the Employer, inclusive of any of the current and past Employer's
elected and appointed officlalls,, employees, attorneys, and agents, arising
out of his employment with the Employer, including but not limited to, the
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release 0, any and all claims for individual relief in any and all lavvsuits,
claims. Courts, administrative law agencies, govemmental agencies,
grievances, ULPs., arbitrations and any other agency proceedings, The
Employee releases all his past and present claims, if any, against the Union,
inclusive of anv of the current and past Union's officials, attor-neys..
employees, and agents arising out off the Union's representation of the
Employee's interests, including but not limited to, the release of any and all
lawsuits claims, courts administrative law agencies, governmental
auenIC-les, grievances, ULPs, arbitrat;ons anu any other acrency proce-12.0,dings.
K Employee have
r...,ease and Counsel. The Employer, the Union, and the � 4.1
agreed mutually to enter into the termrs and conditions of this Agreement.
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The Employee understands and acknowledgiC.-s the significance and
I -- SS ly agrees that the
consequences of th*s Settlement Agreement and expr'...
terms and conditions of this Settlement Agreement are to be Owen full force
and effect according. to each and all of il",-s expressed terms and provisions.
The acknowledges that he has been giver full opportunity and has
been encouraged to consult an attorney of his C.Ilaoice regarding this
Settlement Agreement.Kn.owing and understanding so, the undersigned
Employee voluntal-ily. and A-1fly accepts the terms of this Settlement
Agreement.
9. Breach -and-- Enforcgmcm
. . The Employer, the Union, and the Employee
agree that this Settlement Agreement may be specifically en Forced and
may be used as evidence i n a subsequent proceeding in which a party
alleges a b1,14-Cach of this Settlement Agreement. The parties agree that in the
event of an al-lef,ed breach of this Settlement Agreement, the parties will
first attempt to resolve thaeir differences through PERC NMediation. If FERC
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 the-iir own attorney's fees, their own
witnesses' fees, the costs and expenses, etc. associated with their respective
perspective of the presentation of the case, The parties shall share equally
the Arbitrator's fees, costs and expenses.
M. Older Workers"' Benefits Protection Act lir Qvi.aiona. In accordance with the
requirements of the Older Workers' Benefits Protection Act, the Employee
expressly acknowledges his understanding .othe following:
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1� If, a IV `Zwl r m- nrovoisionns set fordl above at
thvc:-, and release of _N 4 %-.1 L
section 7 of this Agreement includes, 'but is not limited to, a �;vaiver
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anal release elease of all claims, charges, or rig' , s of act;on t* e Employee
may have against the Employer under the Age Discrimination in
Employment Act (&UOSeQuently "ADEA") except those that may
arise after the date the Employee signs this Agreement.
That the Employer is hereby advising the Employee in writing to
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consult wirthan attorney prior to accepting thisA reement.
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That the Employee has tvvienty-one,1') days from adlie time in which
the Employee is first presented -with this Agreement to consider
whether or not to accept it. The Employee also undierstands that,
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whffle it is the Em-nloyee's right, to decide to accept, envier into, and
epec utethe Agrnezemtent before the end of that 2 1 -day period, that the
Employee is under no obligation to do so. For purposes of
calculating this period, Employer and Employee acknowledge that
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Employee was S1 pr
s;:%nted with this Settlement Agreement on the,
date sta=ted below in tie Employee's Acknowledgement of 5eceipt,
and that the twenty-one (2) day period expires on 2& /S1- 2023.
The Employee also understands that by returning the signed
Agreement pridolr to thil-M-fa expiration of this twenty-one (21)day period,
the Employr:'%_%, has KNOWING11Y AND VOLUNTARILY
WAIVED any rig 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 th)-olutgh fraud, mnis"kepresenta-tion, or threat to
Fflh-c the offer herein prior to the expiration of the
twenty-one da -y 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
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and giv4c.,M only in exchange for the consideration s,= forth In this
Acrreement, including sections I through 9, 11 through 16 as well as
any other provisions of this Agreement that are suf"ficlent 110 support
a contract. The Employeme also agrees and acknowledges that the
sideration provided w Employee under this Settlement
consi 1 1 �. %
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
Aueement, Employee may revoke the AcrreeM, ent. The Employee
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further Unders'itands that if the Employee does not revoke the Agreement
within the sever(7) day period. this Ag.reement, will be enforceable
seven ,(7) days anter t'llie date of acceptance.
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Com fete AP.Leemengt. This Settlement Agreement represents and contains VIC
entire understanding between the parties in connection with the subject matter
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r 41 his eflement Agret lb-ment. The Settlement Agreernrent shall not be altered
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or varied except in, a vin,"itino signed by the Employer, the Union and the
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Employee. It is ex,,,),Ire.ss'Ly acknowledged and rec-ognized by all parties that v"Iere
o verbal
are..
.or written collateral agreements, understandings, or
n
re !reset abetween the parties other than as contained in this document,
and any such prior agre,.rxments are specifically revoked and terminated.
",retation
Governinc, %,
Law. Unless not�erv�tise conILT.olled- 10y federal law, the in'tizrp
a enforcement of this Agreement shall b�.. governed by the taws of the
State of Washington.
Reliam...'.ink
and Right to Consult with an Auornnev. The Employee and Unioll).
represent and acknowledge that in executing this Agreement, they do not rely
and have not relied upon any r-Cpresentations andlor statements not set forth
herein made by the Employer or by any of the Employes employees, ;aQeJIts,
representatives, andi,"or attorneys with r-,,m,,,gard to the subject matter, basis and/or
effect of this Settlement Agreermsent or otherwise. The Employer represents aid
acknowledges that in em....I.,utin.. this Stittle menit Agreement, the Emplove'r d.fes
not rely and has not relied urj(-)n a,,.iy rc;)rt,,.1senta-fion and/or statement not set fofi
herein made by the or z)v any of Ultz-h Union's employees, aaents
representatives., or attorney; with regard to the subject matter, basis and/or
effect of t'nis Aurcernent. or otherwise. 71,tz: understands and agrees
that hehad thie rildt to consuilt- with an aLttomey of his chousim-1 during the entre
is
process dev-e-lopmg and agreeing to the ts.;,::.*rms and cond"itions of tn
Settlement Agree-ment.
14. Sienature In Count-ermazl and Facsinnile Procedures. This Agreement may be
executed in counterpart, and shall be binding upon the panies. Transmission of
this Agreement by •nd 'I shall serve as an original and be binding. The parties
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may circulate duplicat-te oricrzninals of this document for signature so that eac'n.
;party has an original of this aareemenat shoviting signatures Of all parties.
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15,, Attornlevs' Fees Costs and. Exocns hall be solely responsible for
ws. Each party s
Paying for their own attorney's fees, costs and expenses, The Employer and
Union agree to be equal ly responsible for paying for any Arbitrator Cancellatior,
gees,
expenses and costs,
16. Effective Date. The ef',;,ective da;ivle of this Agreement shall be the date on �),,hicll
the last signing party excc?,..1L,...-,,,a
s this Agreement and conformity with the
timelines expressed in Sc),ctiori, 10 ofthis Settlement Agreement.
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