Ceccarelli Settlement

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A -r SEPARATION AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS BY AND BETWEEN CITY OF ANSONIA. JOYCE CECCARELLI. AND UPSEU. LOCAL 424. UNIT 38 This SEPARATION AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS ("Agreement") is by and between the City of Ansonia ("City" or "Employer"), United Public Service Employees Union, Ansonia Municipal Employees, Local 424 -Unit 38 ("Union"), and Joyce Ceccarelli ("Ceccareilli" or "Employee"). The City, Union and Ceccarelli collectively are referred to as the "Parties". Whereas, Employer and Union are parties to a collective bargaining agreement ("CBA") with the term July 1, 2011 to June 30, 2015; and Whereas, Ceccarelli is retiring from employment effective on or before June 30, 2015; Now, therefore, the Parties agree to the following in resolution of any issues and/or claims related Employee's employment with Employer: 1. Acknowledgments: (a) Employer, Employee and Union agree that this Agreement does not constitute and shall not be construed as an admission of fault or liability by Employer, including but not limited to any acts of discrimination whatsoever with respect to Employee's employment with or separation from employment with Employer, or by any of its officials, officers, agents, employees and/or representatives, in their individual, personal and/or official capacities, or that they have violated any federal, state, local, municipal law or the CBA. (b) Employer, Employee and Union each represent and warrant that no person other than the signatories hereto had or has any interest in the matters referred to or covered by this Agreement; that each of them has the sole right and exclusive authority to execute this Agreement; and that they have not transferred, conveyed, or otheruvise disposed of any claim or demand relating to any matter covered by this Agreement. (c) Employer, Employee and Union agree that Employee would not otheruvise be entitled to the consideration tendered for this Agreement and is being provided with such consideration in return for Employee's agreement to be bound by the terms of this Agreement and that the only consideration for Employee's signing this Agreement are the terms stated within this Agreement. 1 of18

description

Ceccarelli Settlement

Transcript of Ceccarelli Settlement

A -r

SEPARATION AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS BY ANDBETWEEN CITY OF ANSONIA. JOYCE CECCARELLI. AND UPSEU. LOCAL 424. UNIT 38

This SEPARATION AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS ("Agreement")is by and between the City of Ansonia ("City" or "Employer"), United Public Service EmployeesUnion, Ansonia Municipal Employees, Local 424 -Unit 38 ("Union"), and Joyce Ceccarelli("Ceccareilli" or "Employee"). The City, Union and Ceccarelli collectively are referred to as the"Parties".

Whereas, Employer and Union are parties to a collective bargaining agreement ("CBA")with the term July 1, 2011 to June 30, 2015; and

Whereas, Ceccarelli is retiring from employment effective on or before June 30, 2015;

Now, therefore, the Parties agree to the following in resolution of any issues and/orclaims related Employee's employment with Employer:

1. Acknowledgments:

(a) Employer, Employee and Union agree that this Agreement does notconstitute and shall not be construed as an admission of fault or liability byEmployer, including but not limited to any acts of discrimination whatsoever withrespect to Employee's employment with or separation from employment withEmployer, or by any of its officials, officers, agents, employees and/orrepresentatives, in their individual, personal and/or official capacities, or that theyhave violated any federal, state, local, municipal law or the CBA.

(b) Employer, Employee and Union each represent and warrant that noperson other than the signatories hereto had or has any interest in the mattersreferred to or covered by this Agreement; that each of them has the sole rightand exclusive authority to execute this Agreement; and that they have nottransferred, conveyed, or otheruvise disposed of any claim or demand relating toany matter covered by this Agreement.

(c) Employer, Employee and Union agree that Employee would not otheruvisebe entitled to the consideration tendered for this Agreement and is beingprovided with such consideration in return for Employee's agreement to be boundby the terms of this Agreement and that the only consideration for Employee'ssigning this Agreement are the terms stated within this Agreement.

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2. Representations by Employee:

Employee represents as follows:

(a) She is able to read the language and she has carefully read, andunderstands all the terms and effects of this Agreement;

(b) She fully understands her right to discuss all aspects of this Agreementwith a private attorney(s) prior to signing the Agreement, and to the extent thatshe has wished to avail herself of this opportunity, she has done so.

(c) She is knowingly and voluntarily entering into this Agreement;

(d) She has twenty-one (21) days within which to consider and execute thisAgreement and an additional seven (7) days within which to revoke acceptanceof this Agreement;

(e) She is not waiving any claims that she may have had that arise after theexecution of this Agreement.

(f) She has not filed or caused to be filed on her behalf any pending claims,complaints, charges, lawsuits, grievances and/or municipal prohibited practicecharges/unfair Iabor practice charges ("MPPs"/"ULPs") against Employer, itsemployees or agents, with Employer and/or any governmental agency or anycourt, except for:

Complaint with the U.S. District Court encaptioned Joyce Ceccarelli v.Citv of Ansonia, CivilAction No. 3:14CV753 (JAM).

3. Union's Representations:

(a) lt has not filed or caused to be filed, or currently is prosecuting, on behalfof, concerning or involving Employee individually, any claims, complaints,charges, lawsuits, grievances and/or MPPs/ULPs against Employer, itsemployees or agents, with the Employer, any governmental agency or any court.

(b) It agrees to waive any past or present grievance or claim on behalf ofEmployee individually under the CBA regarding events occurring on or before theeffective date of this Agreement. The Union further agrees that any benefits thatit obtains for any past or present member(s) of the Union through grievanceprocedures, negotiations, or binding arbitration on behalf of the member(s) orothenrvise, will not apply to Employee, regardless of Employee's employmentduring the period for which the benefits are effective and/or retroactive.

(c) It agrees to waive any past or present MPPs on behalf of or concerningissues involving the Employee individually regarding events occurring on orbefore the effective date of this Agreement. Union further agrees that anybenefits and/or orders that it obtains through MPPs for the Union and/or anypast, present or future membe(s) of the Union, will not apply to Employee,

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regardless of the Employee's employment during the period for which thebenefits are effective and/or retroactive.

(d) The Parties agree that this Agreement does not have any precedentialeffect and may not be introduced in any future arbitration or other proceedings,other than to enforce its terms, and that this provision shall survive thetermination or expiration of the current and future CBAs,

4. Gontingencies:

Employee understands and agrees that this Agreement is expressly contingent upon thefollowing:

(a) At the time that she signs this Agreement, Employee signs an irrevocable letterof retirement, with an effective date of June 30, 2015 with the option of retiringany time before that date. A copy of Employee's letter of retirement is attachedas Exhibit A.

(b) =':'T" ::::'#:; : ;::l::: :HJ..:: ;ilJff::;j'i"..*",,,

v. Citv of Ansonia, CivilAction No. 3:14CV753 (JAM).

(d) On or after Employee's etfective retirement date (or, in the event that she workspart-time up to June 30,2015 as a consultant), Employee and Union shallexecute Supplemental Releases of All Claims in the forms attached as Exhibits B

and C.

5. Severance of the Employment Relationship:

(a) Employee agrees and recognizes that her employment relationship withthe Employer and its successors is permanently and irrevocably severed on orbefore June 30, 2015. Employee further agrees she will not apply for orothenryise seek reemployment with the Employer and/or Employer's Board ofEducation at any time, and that the Employer and/or Employer's Board ofEducation has no obligation, contractual or othenrvise, to rehire, re-employ, recall,or hire her in the future.

(b) Employee will report to work and/or perform her duties subsequent to theexecution of this Agreement until her date of retirement on the followingschedule: Monday through Friday, 7:30 a.m. to 1:30 p.m. and up to but no morethan two (2) hours of work from home on days that she reports to the Library.Employee hereby agrees that she will not work any more hours than those hoursrequired herein. For any days that she does not report to the Library, Employeewill use sick, vacation, personal, floating holidays or birthday time for the full day.No work from home will be permitted on holidays, weekends or days that shedoes not physically report to the Library for work.

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(c) Employee specifically waives all claims for back pay, future pay, accruedand/or paid leave, and any other form of compensation, except as specifically setforth in this Agreement.

(d) Employee and Employer agree that Employee will be allowed to carryover 390 hours of accrued vacation time into calendar year 2015. Employee willbe paid one hundred percent (100%) of her accrued and unused sick andvacation time (i.e., any time carried over into 2015 and any time earned in 2015)remaining at the time of her retirement.

(e) ln the event that Employee elects to retire on or before March 19,2015,Complainant may work as a part{ime consultant up to and including June 30,2015. Employee's duties, as a consultant, would include any specialassignments and other non-bargaining unit work assigned by Employer.Employee would be paid at a rate of thirty dollars ($30.00) per hour. Employerreseryes the right to require that any assignments assigned to Employee shall becompleted in the Library and not at home. Employee shall provide weeklytimesheets of all hours worked as a consultant to the Employer's ChiefAdministrative Officer. Employer and Employee agree that Employee will not beallowed to work more than nineteen (19) hours in any workweek. As aconsultant, Employee shall have the right to refuse any assignments made byEmployer. Based on Employee's retirement and hour restriction, the partiesunderstand that Employee would be considered a retiree and not an activemember of the collective bargaining unit. ln short, as a consultant, Employeewould not enjoy the benefits of the collective bargaining agreement available toactive collective bargaining unit members. lf Employee decides that she nolonger wishes to act as a consultant prior to June 30,2015, Employee shouldinform the City's Chief Administrative Officer of such decision in writing.

6. Consideration by Employer:

(a) Employer agrees to provide Employee with health benefits as follows: Employeeshall continue to elect individual only health benefits (and not employee plus oneor family health benefits). Currently, Employee pays 1 1.5o/o of the cost of suchhealth benefits. Employer agrees to pay, calculated on a percentage basis, thedifferential between the premium cost sharing of 11.5o/o of the cost of such healthbenefits and the premium cost sharing required for retirees continuing to receivehealth benefits subsequent to June 30, 20'15 until such time as Employee attainsthe age of sixty-five (65), becomes Medicare eligible, dies, declines or othenruisebecomes ineligible for health benefits through the Employer, whichever occursfirst. For example, if for the fiscal year 2015-2016, the City paid 80% of thepremium cost share for retirees receiving health benefits, the Employer wouldpay 88.5% of the cost of Employee's health benefits and Employee wouldcontinue to pay 11.5% of the cost of such benefits. Once Employee reachesMedicare eligibility, Employee will elect Medicare supplement insurance on theterms afforded to similarly situated retirees in the collective bargaining unit.

(b) Employer agrees not to discipline Employee over the use of sick leave orvacation time for any period prior to the execution of this Agreement.

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(c) Employer agrees to provide Employee with a check in the amount of FifteenHundred Dollars ($1,500.00) in settlement of her claim for emotional distressdamages in the event that Employee executes a Release of All Claims on or afterthe last date of her employment (or her last day as a consultant, whichevercomes later). See, Exhibit B. Employer will have no obligation to make suchpayment of $1,500.00 in the event that Employee fails to properly execute theRelease of All Claims (Exhibit B) on or after the last date of her employment. lnthe event that such payment is made, it shall not be subject to withholdingbecause it does not constitute wages.

(d) Employer agrees to forward a check made payable to "Shepro & Hawkins, LLC'in the amount of Ten Thousand Dollars ($10,000.00) to settle any claims forattorneys' fees within thirty (30) days of the execution of this Agreement by theEmployer subject to the provision of W-9s. See, below

No payments required above shall be made unless and until Employee and Shepro &Hawkins, LLC have provided the Employer's counselwith properly executed W-9 forms.

7. Gonsideration by Employee:

Waiver and Release

(1) ln consideration of such benefits set forth in thisAgreement, Employee, on her own behalf and on behalf of her heirs,executors and administrators, intending to be legally bound, hereby,except as expressly stated below, irrevocably and unconditionallyreleases the City, its current or former agents, officials, officers,employees, representatives and attorneys, in their individual, personaland/or official capacities and its insurers (hereinafter referred tocollectively as "Releasees") from any and all causes of actions, liabilities,obligations, suits, claims and demands of whatsoever kind or nature inlaw, equity or othenruise, relating in any way to Employee's employmentand retirement from employment, and any claims which Employee had,has, or may have against Releasees, up through and including theeffective date of this Agreement, including any claims under federal,state, municipal and/or local laws, constitutions, common law and theCBA, including, but not limited to the:

Connecticut Fair Employment Practices Act, Connecticut GeneralStatutes Section 46a-51et seq., and regulations issued thereunder;

Connecticut Protection of Employees Who Disclose lllegalActivities Act,Connecticut General Statutes S 31-51m;

Connecticut Employee's Right to Exercise Free Speech Rights Act,Connecticut General Statutes $ 31-51q

(a)

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. Civil Rights Act of 1991, 42 U.S.C. S1981;

. 42 U.S.C. Section 1983 through Section 1988;

o Title Vll of the Civil Rights Act of 1964, as amended, 42 U.S.C. $2000e etseq., and regulations issued thereunder and the Civil Rights Act of 1991;

. Age Discrimination in EmploymentAct of 1967,29 U.S.C. $ 621 asamended by the Older Workers Benefits Protection Act 29 U.S.C. S 623et seq.;

. Title 1 of the Americans with Disabilities Act of 1990;

o Rehabilitation Act of 1973,29 U.S.C. S 793 et seq.;

. Family and Medical Leave Act of 1993, 29 U.S.C. S 2601 et seq.;

o Municipal Employees Relations Act ("MERA"), Connecticut GeneralStatutes S 7-467 et seq.;

. Fair Labor Standards Act; 29 U.S.C. $201 et seq., the regulations issuedthereunder;

. Connecticut Wage and Hour Statutes, Connecticut General StatutesChapter 558, Title 31, and regulations issued thereunder; and

as these statutes and/or regulations have been amended from time totime, and any and all other claims which could arise from suchemployment and/or separation from employment, whether in contract,express or implied, or in tort, including, but not limited to, breach of acovenant of good faith and fair dealing, a contract of permanentemployment, and intentional or negligent infliction of emotional or mentaldistress, and all claims for counselfees and costs permitted under anystatute or regulation. Employee does not release Workers'Compensation claims she may have against Employer or its insurer,except that Employee specifically releases any claims under ConnecticutGeneral Statutes $ 31-290a. This provision shall survive the terminationor expiration of the current and any future CBAs.

(2) ln consideration of the promise of the Union to enter intothis Agreement to allow Employee to obtain the benefits of thisAgreement, Employee, on her behalf or on behalf of her heirs, executorsand administrators, intending to be legally bound, hereby, except asexpressly stated below, irrevocably and unconditionally releases theUnion, its current or former agents, officials, officers, employees,representatives, attorneys, subsidiaries, affiliates, and successors in theirindividual, personal and/or official capacities (herein referred tocollectively as "Union Releasees") from any and all causes of action,liabilities, obligations, suits, claims and demands of whatsoever kind or

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nature in law, equity or otherwise, relating in any way to Employee'semployment and/or separation, which Employee had, has, or may haveagainst Union Releasees, including any claims under union constitutions,the CBA and/or MEM; and any and all other claims which could arisefrom Employee's membership in the Union, including but not limited tobreach of the duty of fair representation and breach of a covenant of goodfaith and fair dealing, and all claims for counsel fees and costs. Thisprovision shall survive the termination or expiration of the current andfuture CBAs.

(3) Employee acknowledges that she has full authority and capacityto execute this Agreement; that any claims that may in any respect beconsidered as not included or covered by the terms of the Agreementfrom the date of Employee's commencement of employment withEmployer to the date of the execution of this Agreement, are herebyvoluntarily waived by Employee to the full extent permitted by law anddeemed settled, and that Employer relies on such waiver and settlement.

(b) Covenant Not To Sue

(1) Employee knowingly and voluntarily agrees that by thisAgreement, she does, for herself and anyone claiming for or through her,waive the right and agrees not to bring or pursue any grievance, judicial,quasi-judicial, or administrative action against Releasees and/or UnionReleasees for any reason whatsoever arising out of her employmentand/or separation from employment with Employer up through andincluding the effective date of this Agreement, except to the maximumextent allowed by law.

(2) Neither Employer, Employee nor Union waive any right topursue an action to enforce their respective rights under this Agreement.

8. Attorneys' Fees and Costs; Breach of Agreement:

(a) This Agreement shall not be construed to render Employer, Employee, orUnion a "prevailing party" within the meaning of any statute providing forallowance of attorneys'fees and costs. The parties agree to each bear their owncosts and attorneys'fees with regard to this Agreement.

(b) ln the event of any material breach of paragraphs 4, 5, 7(a), 7(b), 9, 10and/or 1 1 of this Agreement by Employee, Employer shall be entitled toreasonable attorneys'fees, disbursements and costs arising from or relating toEmployee's breach.

(c) ln the event of any material breach of paragraph 6 of this Agreement byEmployer, Employee shall be entitled to reasonable attorneys'fees,disbursements and costs arising from or relating to Employee's breach.

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9. Gonfidentiality:

(a) Employee agrees that with the exception of disclosurb that is required bylaw, that the Employee makes to her immediate family and/or respectiveattorneys consulted regarding the Agreement, she will not disclose or publicize,or cause to be disclosed or publicized, in any manner, the terms, conditions orcontents of this Agreement or the discussions that led to this Agreement, to anythird persons, Notwithstanding the above, Employee may discuss the existenceof the Agreement and the general terms thereof with any prospective employerpursuant to that employer's inquiry. Employee also may disclose informationrelating to the terms, conditions or contents of this Agreement to the extentrequired to enforce her respective rights and obligations under the Agreement.

(b) Employer agrees to the best of its ability that, with the exception ofdisclosure that is required by law (for example, pursuant to Freedom oflnformation Act ('FO|A") requests), that it makes to its attorneys and/or otherprofessionals providing services to Employer, it will not disclose or publicize, orcause to be disclosed or publicized in any manner, the terms, conditions orcontents of this Agreement or of the discussions that led to this Agreement, toany third person. Employer may disclose information relating to the terms,conditions or contents of this Agreement to the extent required to enforce itsrespective rights and to fulfill its obligations under the Agreement.

(c) Employee agrees that this Agreement may be introduced as evidence byEmployer in the event that she asserts any claim or commences any legal action.

(d) The parties agree to issue the following joint statement in response to anyinquiries from the media or other outlets:

The parties have reached an amicable agreement to resolve all pendingmatters, with Ceccarelli retiring in good standing on or before June 30,2015.

10. Cooperation of Employee with Employer:

Employee agrees to appear before courts and/or administrative agencies as necessaryand/or to assist in the preparation for the presentation of criminal, motor vehicle,infraction and/or similar matters.

11. !ntegration and Modification:

This Agreement constitutes the entire agreement by and between the parties hereto withrespect to the subject matter hereof and may be modified or amended only in writingsigned by all parties. This Agreement specifically supersedes all conversationaldiscussions, representations and/or agreements by and between the parties with respectto Employee's employment with Employer and/or separation from employment.

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12. Severability:

This Agreement is entered into and shall be construed and performed in accordancewith the laws of the State of Connecticut. lf any of the provisions, terms or clauses of thisAgreement is declared illegal, unenforceable or ineffective in a legalforum or byoperation of law, those provisions, terms and clauses shall be deemed severable, suchthat all other provisions, terms and clauses of this Agreement shall remain valid andbinding upon both parties.

13. Gounterparts:

This Agreement will be executed simultaneously in any number of counterparts, each ofwhich shall be deemed an original and all of which shall be deemed one and the sameinstrument.

14. Binding Effect:

This Agreement shall be binding upon, and shall inure to the benefit of (1) Employer andReleasees; (2) Employee and her heirs, administrators or representatives; and (3) Unionand Union Releasees.

15. Miscellaneous:

(a) Captions and headings used in this Agreement are used for theconvenience of the parties and shall not be deemed to be of substantive effect orto be a part of this Agreement for any other purpose.

(b) Any notices, consents or approvals permitted or required hereunder shallbe in writing, and fonruarded by certified or registered mail, return receiptrequested, to Employer and Union at their then current offices and to the lastknown home address of Employee, or to such other address as the parties maydesignate in writing, by certified mail, return receipt requested, to each other.

16. Employee's Right of Revocation and Acceptance:

Employee understands and agrees that she has a period of twenty-one (21) days fromthe date of her receipt of this Agreement to review, consider and execute thisAgreement. Should Employee choose to sign the Agreement before the twenty-one (21)day period expires, she acknowledges that the decision to shorten the review period ishers alone and that the Employer has not induced her to do so. Employee alsounderstands and agrees that if at any time during this twenty-one (21) day period sheelects to execute this Agreement, she shall nevertheless have a period of seven (7) daysfollowing such execution to revoke her acceptance. Any such revocation of acceptanceshall be effective if such revocation is received on or before the expiration of the seven(7) day revocation period by Employer. The revocation shall be provided to ChristopherTymniak, Chief Administrative Officer, City of Ansonia, 253 Main Street, Ansonia,

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Connecticut, 06401. This Agreement shall not become effective or enforceable untilsuch seven (7) day revocation period has expired.

PLEASE READ CAREFULLY. THIS SETTLEMENT AGREEMENT AND GENERALRELEASE OF ALL CLAIMS INCLUDES A RELEASE OF MANY KNOWN AND UNKNOWNCLAIMS,

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lN WITNESS WHEREOF, the aforementioned parties, intending to be legally bound hereby,have executed this Agreement.

EMPLOYEE:

nd voluntary act

the Superior Court

Acknowledged as his/her knowing and voluntary actbefore ," i-hir 45fl+ oay ot Fe fi?u+iiY , io1s.

Elizabeth S. LYncLt

fVOfiqRY PUBI-IGMy Gmnrisslon expires'7.1$i/20 x 5

'r1l1r';'-5i"'1''' r;r""','

Elizabeth S" LYnch,\,OfiARY PUBLIQ..:

My Commission ExPires 7F1t2O15

stopher Tymniakof Ansonia

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EXHIBIT A

RETIREMENT LETTER

January _,2014

Mr. Christopher TymniakChief AdministratorCity of Ansonia253 Main StreetAnsonia, CT 06401

Re: Retirement

Dear Mr. Tymniak:

I hereby retire from employment effective at the end of the day on June 30,2015. I understandthat this letter is irrevocable and that upon its submission to you, my resignation fromemployment shall be accepted. I understand that, if I change my mind, I cannot rescind thisletter. However, I understand that if I decide to retire prior to June 30, 2015,1 will be allowed todo so.

Sincerely,

# L,u,,*.{,t,\{ror." ceccaretti

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EXHIBIT B

EMPLOYEE'S SUPPLEMENTAL RELEASE OF ALL CLAIMSAND COVENANT NOT TO SUE

Acknowledgements:

Employer, Employee and Union agree that this Agreement does not constituteand shall not be construed as an admission of fault or liability by Employer,including but not limited to any acts of discrimination whatsoever with respect toEmployee's employment with or separation from employment with Employer, orby any of its officials, officers, agents, employees and/or representatives, in theirindividual, personal and/or official capacities, or that they have violated anyfederal, state, Iocal, municipal law or the applicable collective bargainingagreement ('CBA'). Employer, Employee and Union also agree that thisSupplemental Release does not override any provisions or invalidate anyprovisions of the Separation Agreement and Release previously executed by theparties.

Waiver and Release:

(a) ln consideration of such benefits set forth in thisAgreement, Employee, on her own behalf and on behalf of her heirs,executors and administrators, intending to be legally bound, hereby,except as expressly stated below, irrevocably and unconditionallyreleases the City, its current or former agents, officials, officers,employees, representatives and attorneys, in their individual, personaland/or official capacities and its insurers (hereinafter referred tocollectively as "Releasees") from any and all causes of actions, liabilities,obligations, suits, claims and demands of whatsoever kind or nature inlaw, equity or otherwise, relating in any way to Employee's employmentand retirement from employment, and any claims which Employee had,has, or may have against Releasees, up through and including theeffective date of this Agreement, including any claims under federal,state, municipal and/or local laws, constitutions, common law and theCBA, including, but not limited to the:

Connecticut Fair Employment Practices Act, Connecticut GeneralStatutes Section 46a-51et seq., and regulations issued thereunder;

Connecticut Protection of Employees Who Disclose lllegalActivities Act,Connecticut General Statutes S 31-51m;

Connecticut Employee's Right to Exercise Free Speech Rights Act,Connecticut General Statutes $ 31-51q

. Civil Rights Act of 1991 , 42 U.S.C. S1981 ;

o 42 U.S.C. Section 1983 through Section 1988;

2.

{!01019955.DOC; v.}Page 13 of 18

Title Vll of the Civil Rights Act of 1964, as amended, 42 U.S.C. $2000e etg, and regulations issued thereunder and the Civil Rights Act of 1991;

Age Discrimination in Employment Act of 1967,29 U.S.C. $ 621 asamended by the Older Workers Benefits Protection Act 29 U.S,C. S 623et seq.;

Title 1 of the Americans with Disabilities Act of 1990;

Rehabilitation Act of 1973, 29 U.S.C. S 793 et seq.;

Family and Medical Leave Act of 1993, 29 U.S.C. S 2601 et seq.;

Municipal Employees Relations Act ("MERA"), Connecticut GeneralStatutes S 7-467 et seq.;

Fair Labor Standards Act; 29 U.S.C. $201 et seq., the regulations issuedthereunder;

Connecticut Wage and Hour Statutes, Connecticut General StatutesChapter 558, Title 31, and regulations issued thereunder; and

as these statutes andior regulations have been amended from time totime, and any and all other claims which could arise from suchemployment and/or separation from employment, whether in contract,express or implied, or in tort, including, but not limited to, breach of acovenant of good faith and fair dealing, a contract of permanentemployment, and intentional or negligent infliction of emotional or mentaldistress, and all claims for counselfees and costs permitted under anystatute or regulation. Employee does not release Workers'Compensation claims she may have against Employer or its insurer,except that Employee specifically releases any claims under ConnecticutGeneral Statutes $ 31-290a. This provision shall survive the terminationor expiration of the current and future CBAs.

(b) ln consideration of the promise of the Union to enter intothis Agreement to allow Employee to obtain the benefits of thisAgreement, Employee, on her behalf or on behalf of her heirs, executorsand administrators, intending to be legally bound hereby, except asexpressly stated below, irrevocably and unconditionally releases theUnion, its current or former agents, officials, officers, employees,representatives, attorneys, subsidiaries, affiliates, and successors in theirindividual, personal and/or official capacities (herein referred tocollectively as "Union Releasees") from any and all causes of action,liabilities, obligations, suits, claims and demands of whatsoever kind ornature in law, equity or othenrvise, relating in any way to Employee'semployment and/or separation, which Employee had, has, or may haveagainst Union Releasees, including any claims under union constitutions,

{!01019955.DOC; v.}Page 14 of 18

the CBA and/or MEM; and any and all other claims which could arisefrom Employee's membership in the Union, including but not limited tobreach of the duty of fair representation and breach of a covenant of goodfaith and fair dealing, and all claims for counsel fees and costs. Thisprovision shall survive the termination or expiration of the current andfuture CBAs.

(c) Employee acknowledges that she has full authority and capacityto execute this Agreement; that any claims that may in any respect beconsidered as not included or covered by the terms of the Agreementfrom the date of Employee's commencement of employment withEmployer to the date of the execution of this Agreement are herebyvoluntarily waived by Employee to the full extent permitted by law anddeemed settled, and that Employer relies on such waiver and settlement.

3. Govenant NotTo Sue:./

(a) Employee knowingly and voluntarily agrees that by thisAgreement, she does, for herself and anyone claiming for or through her,waive the right and agree not to bring or pursue any grievance, judicial,quasi-judicial, or administrative action against Releasees and UnionReleasees for any reason whatsoever arising out of her employmentand/or separation from employment with Employer up through andincluding the effective date of this Agreement, except to the maximumextent allowed by law.

(b) Neither Employee nor the Employer waives any right topursue an action to enforce their respective rights under this Agreement.

lN WITNESS WHEREOF, the aforementioned parties, intending to be legally bound hereby,have executed this Agreement.

{!01019955.DOC; v.}Page 15 of 18

UNION:

Acknowledged as his/her knowing and voluntary actbefore me this &fftt day ot Fqj,f-ua$$ ,2015. Elizabeth S. Lynct'f,

ruOTARY PUBL{Chrty Oommission Expires 7l3,1"f20/"6

I

' , '.'-, ':

Elizabeth S. l-ynch

"'""1 ':

{101019955.DOC; v.}Page 16 of 18

1.

EXHIBlT C

UNION'S SUPPLEMENTAL RELEASE OF ALL CLAIMS

Union's Representations:

(a)

(b)

(c)

(d)

Union has not filed or caused to be filed, or currently is prosecuting, onbehalf of, concerning or involving Employee individually, any claims,complaints, charges, lawsuits, grievances and/or MPPs/ULPs againstEmployer, its employees or agents, with the Employer, any governmentalagency or any court.

Union agrees to waive any past or present grievance or claim on behalf ofEmployee individually under the CBA regarding events occurring on orbefore the etfective date of this Agreement. The Union further agreesthat any benefits that it obtains for any past or present member(s) of theUnion through grievance procedures, negotiations, or binding arbitrationon behalf of the member(s) or otheruvise, will not apply to Employee,regardless of Employee's employment during the period for which thebenefits are retroactive.

Union agrees to waive any past or present MPPs on behalf of orconcerning issues involving the Employee individually regarding eventsoccurring on or before the effective date of this Agreement. Union furtheragrees that any benefits and/or orders that it obtains through MPPs forthe Union and/or any past, present or future member(s) of the Union, onbehalf of the membe(s) or othenruise, will not apply to Employee,regardless of the Employee's employment during the period for which thebenefits are retroactive.

The Parties agree that this Agreement does not have any precedentialeffect and may not be introduced in any future arbitration or otherproceedings, other than to enforce its terms, and that this provision shallsurvive the termination or expiration of the current and future CBAs.

{101019955.DOC; v.}Page 17 of 18

lN WITNESS WHEREOF, the aforementioned parties, intending to be legally bound hereby,have executed this Agreement.

Elizaheth S. LYnah

ruCTARY PUELICMy Comrnission ExPires 713'l/2015

Elizabeth S. LynchA'OTARY PUELIG

My eommission Expires 7finfe0',5

UPSEU, Local

EMPLOYER:

Acknowledged as his/her knowing and voluntary actbefore me ihis,ffs*n+ day ot Fs"Alufl$'.1 , iols.

ic/Commissioner of

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