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HomeMy WebLinkAboutMatthew Murray - Separation Agreement and Release of Claims SEPARATION AGREEMENT AND RELEASE OF CLAIMS This Separation Agreement ("Agreement") is entered into by and between the City of Yakima, a Washington State municipal corporation ("Employer") and Matthew Murray ("Employee"). WHEREAS, the parties desire to agree on the following terms and conditions regarding Employee's separation; NOW, THEREFORE, in consideration of the mutual promises, terms and conditions set forth below, the sufficiency of such consideration being expressly acknowledged by the parties, the Employer and Employee do hereby agree as follows: 1. Separation and Separation Date. Employer and Employee are agreeing to a separation date and such separation is "without cause." Employee's last date of active employment with the Employer shall be June 30, 2024. 2. Separation Benefits. There will be six (6) months of severance pay paid to Employee as specifically described in Section 3 below in addition to regularly due employment wages and benefits paid to Employee for continued employment from the effective date of this Agreement through the final day of employment on June 30, 2024, as set forth in Section 3 below. Employee will receive no additional benefits other than those specifically outlined in this Agreement effective June 30, 2024. 3. Severance Pay. The Employer shall pay Employee as severance pay the gross wage amount of six (6) months of base salary. Such severance pay shall be subject to applicable payroll and other tax withholdings by the Employer to include, but not be limited to, all Employer paid taxes of social security and Medicare as they were paid before the Separation Date. 4. Health Insurance. In accordance with federal law ("COBRA"), Employee may elect continuing medical, dental, and vision benefits under the Employer's current health insurance policies, provided that Employee must make timely application and remain eligible for such benefits. It is the intent of the parties that Employee's COBRA rights begin to run on the Separation Date. 5. Leave Cash Out. If Employee has accrued unused PTO remaining on the Separation Date, those PTO hours will be cashed out in a lump sum in accordance with City policies. The PTO cash out will be paid on the first regular pay date following the Separation Date of this Agreement and be subject to the usual withholding amounts by Employer. 6. Release of Claims. a. As consideration of the benefits described above, subject to the limitations on release of claims in this Section, and as a material inducement to the Employee entering into this Separation Agreement including the Waiver and Release of Claims, Employee waives and releases any past and present claims he may have, known or unknown, against Employer. b. As referenced to herein, "past and present claims" means those claims, rights, and causes of action, whether known or unknown, suspected or unsuspected, vested or contingent, arising on or before the date of acceptance on this Release of Claims is signed by Employee. Subject to the limitations on release of claims in this Section this includes all claims, rights and causes of action under federal, state, or local law, including, but not limited to, those based in statute, regulation, code, ordinance, tort, contract, equity or otherwise, and specifically including by way of illustration, but not limited to, all claims under the Older Workers Benefit Protection Act, Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, Family Medical Leave Act, the Washington Law Against Discrimination (RCW Chapter 49.60), and any of the Washington state wage and hour laws (including, but not limited to, RCW Chapters 49.48 and 49.52). c. Employee releases his past and present claims, if any, against the Employer, Employer's elected and appointed officials, employees and agents arising out of his employment with Employer, including but not limited to release of claims for individual relief in agency proceedings. The waiver and release of any claims by Employee referred to in this Separation Agreement are subject to the limitations referred to in this Section. d. Limitations on Release of Claims. Nothing in the Agreement, including, but not limited to the release of claims, prevents Employee from filing a charge or complaint with or from participating in an investigation or proceeding conducted by the EEOC, NLRB, or any other federal, state or local agency charged with the enforcement of any laws, although by signing this Agreement Employee is waiving rights to individual relief based on claims asserted in such a charge or complaint, except where such a waiver of individual relief is prohibited. e. Non-admission. This Release shall not be construed as an admission by Employer of any liability to Employee, breach of any agreement between the Employer and Employee, or violation by Employer of any statute, law or regulation, nor shall it be construed as an admission of any misconduct or deficient performance or valid cause for termination of Employee. f. Complete Release. This Release of Claims represents and contains the entire understanding between the parties in connection with the subject matter of this Release of Claims. The Release of Claims shall not be altered or varied except in a writing signed by Employee and Employer. It is expressly acknowledged and recognized by Employee that there are no oral or written collateral agreements, understandings, or representations between the parties other than as contained in this document. Paragraph headings utilized in this Release of Claims are for reference convenience only and have no independent meaning. 7. Return of materials. All Employer property in Employee's possession or control including but not limited to credit cards, keys, laptops, cell phones, or business and/or public records, shall be returned to Employer on or before June 30, 2024. Employee agrees to consult with the City Attorney and/or the Records Administrator if he has any uncertainty as to whether certain records or items may be considered records or materials belonging to the Employer. Employee further agrees to refrain from downloading, copying, removing from City property or networks, or deleting any records potentially belonging to the Employer at any time, regardless of where the records are maintained, including but not limited to computer networks, cloud storage, or cell phones. 8. Cooperation. As additional consideration for severance pay as described above, Employee agrees that Employee will cooperate in making himself available, upon request from the City Manager, City Attorney or either of their designee(s), to meet and confer with Employer and its representatives, and to make himself available to testify under oath in person and/or by declaration in connection with any claim that may be made against or by Employee or Employer, and in connection with any ongoing or future investigation or dispute or claim of any kind involving the parties including Union and discipline proceedings. This includes assistance in reviewing and responding to discovery. Such cooperation includes any proceedings before any judicial, court, administrative, or any other body, agency or board, and also includes preparing for and testifying in depositions and proceedings to the extent such claims, investigations, disputes or proceedings relate to work performed or required to be performed by Employee, pertinent knowledge possessed by Employee, or any act by Employee. It also includes cooperation with any arbitration or mediation on any matter, including, but not limited to, collective bargaining. Employee further agrees to perform all acts to locate, execute and deliver any requested documents that may be reasonably necessary to carry out the provisions of this Section. PROVIDED, that Employee's assistance provided at Employer's request will be scheduled, to the extent reasonably possible and reasonably foreseeable, under such circumstances and at such times so as to not unreasonably interfere with Employee's future work or business obligations. PROVIDED FURTHER, that Employer shall reimburse Employee for reasonable and necessary travel, lodging and meal expenses incurred by Employee in making himself available. Mileage shall be reimbursed at the Internal Revenue Service mileage rate in effect at the time of travel. Employer shall reimburse Employee for other reasonable and necessary expenses incurred by Employee in providing such cooperation as may be agreed between Employer and Employee. No such expense shall be incurred in excess of $300.00 without advance approval by Employer. Any air travel shall be approved by Employer in advance. Employee shall provide Employer with the applicable itemized receipts, when available, and such other requested detail and documentation to support Employee's request for reimbursement of expenses. No other reimbursement will be provided by City. Employee shall be subject to the provisions in this Section for five (5) years following the Employee's date of separation, except that for matters regarding Union negotiations and related matters or disciplinary proceedings, Employee shall be subject to the provisions in this Section for two (2) years following the Employee's date of separation. 9. Release and Counsel. Employee understands and acknowledges the significance and consequences of this Agreement, and the Release of Claims subsection, and expressly confirms that it is to be given full force and effect according to each and all of its expressed terms and provisions. Employee acknowledges that he has been given full opportunity and has been encouraged to consult an attorney of his choice regarding this Agreement. Knowing and understanding this, the undersigned accepts the terms and conditions of this Agreement. 10. Communications and Non-Disparagement. It is the intention of the parties that Employee's separation be on an amicable basis. As additional consideration for this Agreement, Employee agrees and covenants that he will not at any time make, publish or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments, or statements concerning the City of Yakima or its elected or appointed officials or employees. This Section does not in any way restrict or impeded Employee from exercising protected rights to the extent that such rights cannot be waived by agreement or from complying with any applicable law or regulation or a valid order of a court of competent jurisdiction or an authorized government agency, provided that such compliance does not exceed that required by the law, regulation or order. The Employee shall promptly provide written notice of any such order to the City Manager and City Attorney. 11. Breach and Enforcement. Employer and Employee agree that this Agreement, including, but not limited to the Release of Claims, may be specifically enforced in court and may be used as evidence in a subsequent proceeding in which Employee or Employer alleges a breach of this Agreement. 12. Review and Revocation. Employee acknowledges that pursuant to applicable law, he has been offered the opportunity to review a copy of this Agreement, including, but not limited to the Release of Claims, for a period of twenty-one (21) days (the "Review Period"), and agrees that changes to the Release of Claims section during the Review Period, whether material or immaterial, shall not restart the running of the 21-day Review Period. Employee further acknowledges that the Employer encouraged Employee at the beginning of the Review Period to consult with an attorney concerning the terms and conditions of the Release of Claims, including without limitation the release set forth in this Waiver and Release of Claims. The Employer agrees that Employee shall have seven (7) calendar days (the "Revocation Period") following the date on which Employee signs this Agreement, which includes the Release of Claims, to revoke his acceptance of the Release of Claims set forth in this Agreement. The Release of Claims section of the Agreement shall not become effective until the eighth (8th) day after Employee executes this Agreement, which includes the Release of Claims (the "Effective Date"). By my signat bel , I am knowingly, intelligently and voluntarily waiving the 21-day notice perio ' ran a remaining in the 21-day notice period effective the date of my signature. Mat ew Murray Date 13. Governing law and venu . Unless otherwise controlled by federal law, the interpretation and enforcement of this Agreement shall be governed by the laws of the state of Washington. Any action covered by this Agreement shall be filed in the appropriate federal or state court located within Yakima County. 14. Reliance and Right to Consult with an Attorney. Employee represents and acknowledges that in executing this Agreement, including the Release of Claims, he does not rely and has not relied upon any representation or statement not set forth herein made by Employer or any of the Employer's employees, agents, representatives, or attorneys with regard to the subject matter, basis or effect of this Agreement or the Release of Claims found herein, or otherwise. Employee understands that he has the right to consult with an attorney. 15. Continuing rights. Nothing in this Agreement, including the Release of Claims, shall be construed to prohibit Employee from filing a charge with, reporting potential violations of law to, or participating in any investigation or proceedings conducted by the Equal Employment Opportunity Commission or a comparable state or local agency, or to any other federal or state agency responsible for enforcement of the law; provided, however, that Employee hereby waives and releases his right to recover any form of personal relief from the Released Parties. 16. Severability. If any part of this Agreement is found to be unenforceable (with the exception of the Waiver and Release of Claims) the remainder of this Agreement will remain fully valid and enforceable. To the extent any terms of this Agreement are called into question, all provisions shall be interpreted in a manner that would make them consistent with current law. 17. Complete Agreement. This Agreement constitutes full and final resolution of all matters in any way related to Employee's employment with and separation from Employer and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. The parties agree that no changes to this Agreement are valid unless in writing and signed by the parties. Employee represents that in entering into this Agreement, he does not rely on any statements by the Employer or any of its employees or agents except what is stated in this Agreement. ACKNOWLEDGMENT OF RECEIPT 1 F Thiselea waS/liven to me on the date next to my signature: b i i 'e /' ,c1 e12- if Matthii , ew u rray` \c Date ACCEPTANCE OF AGREEMENT AND RELEASE OF CLAIMS I accept and ggree to this Agreement and the Waiver and Release of Claims found herein. EMP YE : II 5/Pz Matitiew Murray Date EMPLOYER: CITY OF YAKIMA e)1 (/ - ave Zabell, eri City Manager Date I; oiw CITY CONTRACT NO. P RESOLUTION NO: