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HomeMy WebLinkAboutAgreements/Contracts - Human ResourcesARBITRATION SETTLEMENT AGREEMENT By and Between GRANT COUNTY, GRANT COUNTY DEPUTY SHERIFFS ASSOCIATION, And DAVID DE LA ROSA THIS ARBITRATION SETTLEMENT AGREEMENT is entered into by and between Grant County (hereinafter referred to as the "Employer"), the Grant County Deputy Sheriffs Association (hereinafter referred to as the "Association") and former employee David De La Rosa (hereinafter referred to as "Employee"). THE PURPOSE OF THIS ARBITRATION SETTLEMENT AGREEMENT is to resolve all issues involving a pending Arbitration regarding the Employee's separation of employment. The separation of employment was effective October 28, 2024. The Association filed a grievance on behalf of the Employee on November 22, 2024. The parties followed the steps in the grievance procedures. The Association and Employee requested Arbitration. The Association filed an Arbitrator Request with the Public Employment Relations Commission ("PERC") on January 17, 2025. Donna Lurie was appointed arbitrator on January 28, 2025. The Arbitration hearing is pending the outcome of discussions between the parties' attorneys. The parties and the attorneys have mutually agreed that it is in the best interests of the parties to settle the Arbitration issues to prevent protracted litigation and to save extensive litigation fees and costs to both parties. THE CONSIDERATION FOR THIS ARBITRATION SETTLEMENT AGREEMENT (hereinafter referred to as "Agreement") is the mutual undertakings set forth herein. NOW, THEREFORE, the Employer, the Association and the Employee do hereby agree as follows: 1. Resignation In Lieu of Termination. As consideration for the Employer's withdrawal of the Employee's termination and acceptance of permanent resignation, the Employee shall resign from his position as a Corporal in the Grant County Sheriff s Offic and as an employee of the Employer by executing Exhibit A hereto, and such resignation shall be effective October 28, 2024. This permanent resignation is in lieu of termination of employment. 2. Payment to Employ. In consideration of the terms and conditions of this Agreement, the waiver and mutual release of any and all claims as well as agreement to permanent resignation, the Employer agrees to pay the Employee five (5) months of base pay only based on the current base wages as of 2025. The amount to be paid shall be less required taxes, withholdings and deductions. The Pagel of 8 Employer shall be the sole determiner of the calculations and amounts to be paid. This amount due to the Employee will be paid to the Employee by the Employer within thirty (30) calendar days of the signing date of this Agreement by the last signing party and payment will also be subject to the Employee complying with ADEA release and timelines reflected in section 11 of this Agreement. 3. Neutral Reference. The Employer agrees and understands that in the event the Employer receives a question from a prospective employer, the Employer will provide the prospective employer with a "neutral" reference. A "neutral" job reference is limited to only (1) the Employee's date of hire; (2) Positions held; (3) Duration of positions held; (4) rates of pay; (5) Any training certificates and commendations; and (5) that the Employee voluntarily resigned from his employment. If the prospective employer asks about the Employee's work performance, an appropriate answer would be, "The Employee had positive performance reviews while working for the Grant County Sheriff s office." 4. Disputed Positions/Non-Admissions. The Employer, Association, and Employee acknowledge that the determinations associated with the Employee's termination are disputed based on the pending Arbitration. The Employer and Association are in agreement that the disputed positions shall not be construed as an Employee admission of misconduct. The Association and Employee agree that the disputed position shall not be construed as any admission by the Employer of any violations of the labor agreement, State laws, Federal laws and any regulations pertaining to any of those laws. The Employer agrees that the disputed position shall not be construed as any admission by the Association and Employee of any violations of the labor agreement, State laws, Federal laws and any regulations pertaining to any of those laws. 5. No Pending Claims. The Employee and the Association represent to the Employer that they have no pending claims, lawsuits or charges filed against Employer with any courts and any governmental agencies. 6. Withdrawal and Dismissal of the Arbitration with Prejudice. The Association and Employee hereby immediately withdraw and dismiss the grievance and Arbitration with prejudice. The Association attorney will provide the Employer's attorney with written confirmation of the Association and Employee's request to the Arbitrator to withdraw and dismiss the grievance with prejudice. 7. Non -Precedent. The Parties agree that the facts and issues as well as the terms of settlement are unique to this matter and therefore neither the Employer nor the Association nor the Employee shall use this settlement as any type of precedent in any future disputes, claims, lawsuits, etc. 8. Waiver and Mutual Release of Claims. In consideration of the terms contained in this Agreement, and as a material inducement to the Employee, the Association and the Employer to enter into this Agreement, the Employer, the Association and the Page 2 of 8 Employee hereby release one another from any and all past and present civil claims, if any, against one another. As referred herein, "past and present civil claims" means those claims arising from the Employee's employment on or before the date the "Acceptance of Agreement" is signed by the Employee. The Employer hereby waives and releases its past and present civil claims, if any, against the Employee. The Employee hereby waives and releases any and all his past and present claims, if any, against the Employer, Employer's elected officials, appointed officials, employees, attorneys and agents, including but not limited to release of claims for any individual relief under State laws, Federal laws, any regulations pertaining to any of those laws and any other proceedings. The Employee hereby waives and releases his past and present claims, if any, against the Association, the Association's officials, attorneys and agents arising out of his Association membership and/or the Association representing him, including but not limited to release of claims for any individual relief under State laws, Federal laws, any regulations pertaining to any of those laws and any other proceedings. 9. Release. Employee, Association and Employer have mutually agreed to settle all the pending civil employment issues rather than arbitrate them. The Employee, Association and Employer understand and acknowledge the significance and consequences of this Agreement and expressly confirm that it is to be given full force and effect according to each and all its expressed terms and provisions. The undersigned Employee, Association and Employer accept all the terms of this Agreement in full settlement of all civil and employment issues. 10. Breach and Enforcement. The Employee, the Association, and the Employer agree that if there is an alleged breach of the terms of this Agreement, the issues will first be submitted to PERC for mediation proceedings. If mediation does not resolve the issues, then the parties agree to submit to binding arbitration in accordance with the terms of the applicable CBA grievance procedures. Each party shall pay for their own attorney's fees, costs, etc. and share equally the Arbitrator's fees, expenses and costs. 11. Older Workers' Benefits Protection Act Provisions. In accordance with the requirements of the Older Workers' Benefits Protection Act, Employee expressly acknowledges the following: a. That the waiver and release of claims provisions set forth above at section 6 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. Page 3 of 8 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 21 calendar days after the Employee signs the Acknowledgement of Receipt. 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 21 day 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 (21) day time period. d. 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 15 25 35 45 55 65 7 and 8 as well as any other provisions of this Agreement that are sufficient consideration to support this Agreement. 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. e. That for a period of seven (7) days following the execution of this Agreement, Employee may revoke the Agreement. The Employee further understands that if the Employee does not revoke the Agreement within the seven (7) day period, this Agreement will be final, binding and enforceable seven (7) days after the date of acceptance. THE AGREEMENT INCLUDES A RELEASE OF ANY CAUSE OF ACTION OR CLAIM OF AGE DISCRIMINATION UNDER THE ADEA, BY SIGNING THE DOCUMENT, YOU ARE AGREEING NOT TO SUE OR TO COMMENCE ANY LITIGATION AGAINST THE EMPLOYER BASED UPON A CLAIM THAT THE EMPLOYER HAS VIOLATED YOUR RIGHTS UNDER THE ADEA PRIOR TO THE DATE OF THE AGREEMENT. UPON THE EFFECTIVE DATE OF THE AGREEMENT, YOU WILL NOT BE ABLE TO COMMENCE ANY LITIGATION AGAINST THE EMPLOYER BASED UPON CLAIMS THAT YOU MAY HAVE UNDER THE ADEA FOR AGE DISCRIMINATION THAT AROSE PRIOR TO THE DATE OF THE AGREEMENT Page 4 of 8 12. 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 Employee, the Association, and the Employer. It is expressly acknowledged and recognized by all parties that there are no oral or written collateral agreements, understandings or representations between the parties other than as contained in this document, and any such prior agreements are specifically terminated. 13. 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. 14. Signature in Counterpart and Facsimile Procedures. This Agreement may be executed in counterpart, scanned and shall be binding upon the parties. Transmission of this Agreement by pdf and signature thereof by the parties shall serve as an original and be binding on all parties. 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. 15. Parties' Participation in Draftin_, this Agreement. All the parties and their attorneys have participated in the drafting of this Agreement and therefore no interpretation issues and claims alleged by any of the parties regarding the terms of this Agreement shall be attributable and held against any of the parties and their attorneys as drafters. 16. Attorneys' and Arbitrator Fees, Costs and Expenses. Each party shall be solely responsible for paying for their own attorney's fees, costs and expenses. The Employer and the Association will share equally any of the Arbitrator's fees, costs, expenses and cancellation fees. 17. Parties' Compliance with State Statutes. All parties acknowledge and accept that they must fully comply with State statutory requirements regarding disclosure of employment actions and the terms of settlement of employment actions as well as compliance with State agencies as regards law enforcement personnel records such as the Criminal Justice Training Commission and any other State agency. 18. Effective Date. The effective date of this Agreement shall be when all the parties have signed this Agreement and fulfilled the terms of this Agreement. ACKNOWLEDGEMENT OF RECEIPT IS ON NEXT PAGE, Page 5 of 8 ACKNOWLEDGEMENT OF RECEIPT This Agreement was given to me on the date next to my signature: 4avid De La Rosa, Employee Date PLEASE READ CAREFULLY. THIS IS A VOLUNTARY RESIGNATION AND FULL SETTLEMENT AGREEMENT, Page 6 of 8 ACCEPTANCE OF AGREEMENT EMPLOYER: GRANT COUNTY GRANT NTY RIFF Joe e, She Date BOARD OF COUNTY COMMISSIONERS gas--/��--- R Jo erson Date 1-05 --�as Atte t: arbara Vasqu le oft oard Date ASSOCIATION GRANT COUNTY DEPUTY SHERIFFS ASSOCIATION: Jaso all, ssociati n President Date EMPLOYEE: I have accepted and agree to all the terms and conditions contained in this Agreement as of the date next to my signature. d'a 1'(f De La Rosa (Employee) Date (Print Name) �a.� �T� 1R_ ��5�� [Next page: Resignation Exhibit A] Page 7 of 8 EXHIBIT A To Arbitration Settlement Agreement November 3, 2025 Sheriff Joe Kriete 35 C Street NW P.O. Box 37 Ephrata, WA 98823 Dear Sheriff Kriete, Effective October 28, 2024, I hereby voluntarily resign my position as Corporal with the Grant County Sheriffs Office. Sincerely, David De La Rosa Page 8 of 8