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HomeMy WebLinkAboutAgreements/Contracts - BOCC (002)K23-232 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. I 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 Page I of 8 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. .0 C> 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 Page 2 of 8 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 I T 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. W 0 Z:> 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: 4t-11 Page- 3 of 8 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 ia 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 Z:� C� consult wirthan attorney prior to accepting thisA reement. 9 4 11 2 1 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, 11 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 f- r . ti 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 V set f ' 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 I-? 44� A 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. It Com fete AP.Leemengt. This Settlement Agreement represents and contains VIC entire understanding between the parties in connection with the subject matter Page 4 of 8 r 41 his eflement Agret lb-ment. The Settlement Agreernrent shall not be altered t�54 or varied except in, a vin,"itino signed by the Employer, the Union and the Z� C� 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 W, i. 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. 4 '%W Z) 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. Page 5 of 8