SEPARATION AGREEMENT AND RELEASE by and between the City of Carmel-by-the-Sea and Jason J. Stilwell

ABSTRACT:  The SEPARATION AGREEMENT AND RELEASE by and between the City of Carmel-by-the-Sea and Jason J. Stilwell, executed, approved and accepted on October 7, 2104, signed by JASON J. STILWELL, JASON BURNETT, Mayor, DONALD G. FREEMAN, City Attorney and Attorney for JASON J. STILWELL, Peter Rukin, is embedded. HIGHLIGHTS are presented, including EMPLOYEE IS HEREBY ADVISED THAT HE HAS UP TO TWENTY-ONE (21) CALENDAR DAYS TO REVIEW THIS AGREEMENT TO CONSULT WITH AN ATTORNEY PRIOR TO EXECUTION OF THIS AGREEMENT.  

EMPLOYEE AGREES THAT ANY MODIFICATIONS, MATERIALS OR OTHERWISE MADE TO THIS AGREEMENT DO NOT RESTART OR AFFECT IN ANY MANNER THE ORIGINAL TWENTY-ONE (21) CALENDAR-DAY CONSIDERATION PERIOD.
HAVING ELECTED TO EXECUTE THIS AGREEMENT, TO FULFILL THE PROMISES AND TO RECEIVE THE SUMS AND BENEFITS IN PARAGRAPH 7. ABOVE, EMPLOYEE FREELY AND KNOWINGLY, AND AFTER DUE CONSIDERATION, ENTERS INTO THIS AGREEMENT INTENDING TO WAIVE, SETTLE AND RELEASE ALL CLAIMS HE HAS OR MIGHT HAVE AGAINST CITY, INCLUDING ANY CONTRACTUAL OBLIGATIONS CITY MAY HAVE TO EMPLOYEE.

Separation Agreement and Release Jason Stilwell 10-07-14

SEPARATION AGREEMENT AND RELEASE by and between the City of Carmel-by-the-Sea and Jason J. Stilwell
October 7, 2014

HIGHLIGHTS OF SEPARATION AGREEMENT AND RELEASE by and between the City of Carmel-by-the-Sea and Jason J. Stilwell

·         THIS SEPARATION AGREEMENT AND RELEASE {hereinafter ''Agreement") is made and entered into by and between the City of Carmel-by-the-Sea (hereinafter "City") and Jason J. Stilwell (hereinafter "Employee").

·         City Council accepted Employee's resignation effective upon the appointment of a new City Administrator; and City Council appointed a new City Administrator effective October 6, 2014;

·         Resignation. Employee hereby voluntarily and irrevocably resigns from employment with City effective with the appointment of a new City Administrator.

·         The Parties' Full Release. In return for the consideration discussed in Paragraph 7. of this Agreement, Employee, and on behalf of his heirs, successors, and assigns, on the one hand; and City, its successors, assigns, employees, officers, and directions, on the other hand; agree to forever release and discharge each other and each other's predecessors, successors, employees, officers, directors, and anyone else acting on behalf of such party (collectively "Released Parties'') from any and all claims , charges, liabilities, liens, damages and causes of action, obligations, and duties, known or unknown, which the non-releasing party may have, or may claim to have, against any of the Released Parties arising out of or, in any way related to Employeets -relationship or involvement with City or any of the Released Parties, including any contractual or employment relationship or involvement, save and except for the obligations stated in this Agreement. This Release specifically extends to, without limitation, claims or causes of action for breach of contract, wrongful termination, breach of an express or implied contract, breach of the covenant of good faith and fair dealing1 breach of fiduciary duty or any other duty, fraud, misrepresentation, interference with an contractual or other business relationship, infliction of emotional distress, discrimination, harassment, retaliation, disability, loss of future or past earnings, whistleblower-related claims , and claims brought under the California State Constitution, the United Sates Constitution, or applicable state and federal fair employment statutes and regulations, including but not limited to: the Civil Rights Act of 1964, as amended; the Fair Labor Standards Act, as amended; the Worker Retraining and Notification Act of 1988, as amended; the Americans with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Age Discrimination in Employment Act , as amended; and the California Fair Employment and Housing Act, as amended. Nothing in this Agreement shall affect the U.S. Equal Employment Opportunity Commission's ("EEOC") rights and responsibilities to enforce the Civil Rights Act of 1964, as amended; the Age Discrimination Employment Act of 1967, as amended; or any other applicable law, nor shall anything in this Agreement be construed as a basis for interfering with Employee ' s protected right to file a charge with, or participate in an investigation or proceeding conducted by, the EEOC, or any other state, federal or local government entity; provided, however, if the EEOC or any other state, federal or local government entity commences an investigation on Employee's behalf, Employee specifically waives and releases his right, if any, to recover any monetary or other benefits or relief of any sort whatesoever arising from any such investigation.

·         Waiver - California Civil Code Section 1542. This release is intended as a full settlement and compromise of each, every, and all claims of every kind and nature whether based on statute, regulation, tort, contract, public policy, or any other theory, which either party has every had relating to, or arising out of, Employee's relationship with City. No claim, right, cause of action or demand is reserved. The Parties expressly waive any and all rights they may have under Section 1542 of the Civil Code of the State of California,

·         Employee will remain on City payroll at his current regular rate and will continue to receive his regular benefits until November 30, 2014; and Employee shall be placed on leave status from December 1, 2014, through and including until January 31, 2015, (hereinafter "Notice Period"); 

·         Legal Services-Third Party Claims. City will defend Employee and will indemnify him as provided in Government Code Sections 825(a) and {b) to the same extent that it would provide any other employee or officer of City with such legal defense and indemnification in any action in which Employee is named as a defendant, in either his official or individual capacity, arising out of his employment with City. In turn, Employee will cooperate with City in the preparation or defense of pending or actual litigation involving his knowledge of City actions to the extent reasonably possible.

·         Legal Advice. Employee sought and received legal and financial advice regarding the effect of this Agreement prior to signing it. Employee acknowledges that he has been given a reasonable period of time to study this Agreement before signing it, Employee also acknowledges that he is executing this Agreement freely, knowingly and voluntarily and is fully aware of the contents and effects thereof and that his execution of this Agreement is not the result of any fraud, duress , mistake or undue influence whatsoever. Other than the terms and conditions set forth in this Agreement, Employee does not rely on any inducements , promises or representations by City or any person in executing this Agreement.