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HomeMy WebLinkAboutAgreements/Contracts - Sheriff & Jail1? -'13-232 &VIA, SETTLEMENT AGREEMENT By and Between GRANT COUNTY,, GRANT COUNTY SHERIFF'S OFFICE, TEAMSTERS LOCAL UNION NO. 760 and BRIAN KISLER THIS SETTLEMENT AGREEMENT is entered into by and between Grant County and Grant County Sheriff's Office (together her einafiver referred to as "Employer"), Teamsters Local Union No. 760 (hereinafter referred to as the "Union") and Brian Disler (hereinafter referred to as "Employee"). The purpose of this Agreement is to address the terms and conditions for the Employee agreeing to per, maniently resign as an employee of the Employer. The grievance was set for an Arbitration helaring 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 e-)Kpensi I ve and time-consuming litigation. NOW, THEREFORE, the Employer, the Uni'on and the Employee do hereby agree as follows: Resion,ation of Eng plovee. Effective immediately upon the signing of this Settlement Agreement by all parties, the Employee hereby agrees to permanently resign his employment with the Employer. The Employee agrees he shall not seek employmetyt 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 "W"' hereto. Pa inert tolmpjoyee. In consideration 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 of one hundred thOLIsand 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 partV Subject to the Employee complying with ADE A 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, 202..4, ffir tax preparation purposes. 3. lai l i y. 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 Page I of 8 understands and agrees that such tax consequences are solely his obligation to appropriately report the income to the extent required under applicable federal and state tax laws and to pay the 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 consideration received from the settlement of disputed 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. 4, 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 V'neutral" reference to the extent permitted 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 Employce 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 Sheriffs Office." p' ndin Claim . The Employee represents to the Employer and the Union, that he has no pending claims, lawsuits, charges, complaints, grievances, ULPs nor any other administrative law proceedings, etc., of any kind whatsoever, filed and pending against the Employer and/or the Union prior to the signing ofthis Settlement Agreement by the last signing party. 6Public RecQtda.Act andQth.gr Govgrmmental Records Reauirements. The Employee understands and agrees that the Employer is subject to the Public Records Act, Chapter 42.56 RCW, as well as other governme'ntal records requirements such as the CJT, employment background checks under RCW 43.101.095 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. beer, I , the Employer and the Union acknowledge that the underlying facts have not been adjudicated and there -fore no final disposition of the disputed facts has occurred. 17 M�ajver and..M.,11jual- In consideration of the benefits and consideration reflected in this Settlement Agreement, and as a material inducement to the Employer, the Union, and the Employee to enter into this Settlement Agreement, the Employer, the LInion, 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 Page 2 of 8 the Union arising on or before the effectiv-C., 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 under 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 Employees elected and appointed officials, employees, attorneys, 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 any and all lawsuits, claims, courts, administrative law agencies, governmental 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 any of the current and past Union's officials, attorneys, 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 lawsuits, claims, Courts, administrative law agencies, governmental agencles, grievances, ULPs, arbitrations and any other agency proceedings. 0 0 8. 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 thils Settlement Agreement and expressly, agrees that the terms and conditions of this Settlement 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 Settlement Agreement. Knowing and understanding so, the undersigned Employee voluntarily and full y accepts the terms of this Settlement Agreement. 9. Brea�cb andnBorcQM,gn -.-. F .I. The Employer, the Union, and the Employee agree that this Settlement Agreement may be specifically enforced and may be used as evidence in a subsequent proceeding in which a party alleges a breach of this Settlement Agreement. The parties agree that in the event of an alleged breach of this Settlement 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 presentation of the case. The parties shall share equally the Arbitrator's fees, costs and expenses. 10.Q_IderWor,keLs . benefits Protection Act.,Pr i 'iQM. In accordance with the _fi..ef - ..Q v a requirements of the Older Workers' Benefits Protection Act, the Employee expressly acknowledges his understanding of the following: Page 3 of 8 That the waiver and release of claims provisions set forth above at section 7 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 aq I I I y ,.,ainst the Employer under the Age Discr"m*nafion 'in Employment Act (subsequently "AREA") except those that may arise after the date the Employee signs this Agreement. That the Employer is hereby advising the Employee in writing to consult with an attorney prior to accepting this Agreement.. That the Employee has twenty-one (2 1) days from the time in which the Employee is first presented with this Agreement to consider �;krhether or not to accept it. The Employee also. understands that, whille it is the Employee's right to decide to accept, enter *tntol._ and execute the Agreement before the end of that 2 1 -day Per104, that the Employee is under no obligation to do so. For purposes of cal ciflatin g. 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 eceipt, and -that the twenty-one (2 1) day period expires on 20,23. The Employee also understands that by returning the signed Agreement prior to the expiration of this twenty-one (2 1) da. period, I y 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 I through 9, 11 through 16 as well as any, other provisions of this Agreement that are sufficient to, support a contract. The Employee also agrees and acknowledges that the c 'deration provided to Employee under this Settlement onsl I 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 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. t I Cmc �lete.6&reeMgnt. This Settlement Agreement represents and contains the entire understanding between the parties in connection with the subject matter Page 4 of 8 IrOf this Settlement Agreement. The Settlement 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 panfies 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. I Gno..,- Law. Unless othemtise controlled by federal law,.,,the interpretation and enforcement of this Agreement shall be governed by the laws of the State of Washington. '1-3, Reliance and Right to Consult with an Atto Is 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 Employe�,'s employees, agents, representatives, and/or attorneys with regard to the subject matter, basis and/or effect of this Settlement Agreement or otherwise. The Employer represents and acknowledges that in executing this Settlement Agreement, the Employer does not, rely and has not relied upon any repricsentation and/or statement not set forth herein made by the 1 -inion 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 acrrees that he had the right to consult with an attomey of his choosing during the entire process, of developing and agreeing to the terms and conditions of this Settlement Agreement. C� 14. Si nature inCOLInIgr part I I . and Facsimile Procedures. This Agreement may be ""Mom e.xecuted 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. 15. AgLrnys�.Faes.,QQ515 and Exns.. Each party shall be solely responsible for paying for their own attorney's fees, costs and expenses. The Employer and Union agree to be equally responsible for paying for any Arbitrator cancellation R ees, expenses and costs. 16. Effective date. The effective date of this Agreement shall be the date on which the last signing party executes this Agreement and conformity with the tillielines expressed in Section 10 of this Settlement Agreement. Page 5 of 8 ACKNOWLEDGEMENT OF . . ......... RECEIPT ......... This Settlement.agreement was gi ven to me op. the date next to my signature: B rl' -K-� I Employee PLEASE READ CAREFULLY. THIS IS A COMPLETE SETTLEMENT ACYREEMENT AND ACKNOWLEDGEMENT OF RECEIPT RELATES, IN PART, TO THE TIMELINES REFLECTED INSECTIC-IiN 9 OF THIS SETTLEMENT AGREEMENT., FULL PARTIES'SIGNATURES ARE ON THE NEXT PACE. Page 6 of 8 ACCEPTANCE OF SETTLEMENT AGREEMENT ,Li ERS, Da.,n.ny St�fic "I Rob one J/ Cindy CaAlAct. SHERIFF"S OFFICE Kriete, S ,-. ril f7 a U,.tin cTos, BLIS-inlesss Representative r.. w,mvawxvow Dcate ..... ......... Date I hereby accebt atid agree to the terms and conditions of this Settlement consistent wit� th* e terms and &_- didotis of this Settlenient. AcTreement. d I, L_ -d i Brian Kister Date CL Print Name Page 7 of 8 A()recunetit z::, z3 EXHIBIT A Mr. Joe Krite Sheriff Grant County Sheriffs Office 35 C Street NW Ephrata, WA 98823 Dear Sheriff Kriete: 2023, 1 hereby permanently res^ Effective ign my position as Corrections Deputy with t�,-Grant County Sheriff's Office effective'the date set forth above. Sincerely, Brian K s,er Page 9 of 9