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HomeMy WebLinkAboutR-2024-020 Resolution authorizing a separation agreement for City Manager Robert Harrison RESOLUTION NO. R-2024-020 A RESOLUTION approving the Separation Agreement between City Manager Bob Harrison and the City of Yakima. WHEREAS, pursuant to state law and the Yakima City Charter the City Council voted 5- 2 in favor of a Resolution removing Bob Harrison from his position as City Manager, without cause; and WHEREAS, the City Council wishes to enter into a separation agreement with Mr. Harrison which provides for the severance and other benefits outlined in his employment contract, as amended; and WHEREAS, the City Council finds it is in the best interest of the City and its residents to enter into the separation agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Mayor his hereby authorized and directed to enter into the Separation Agreement between the City of Yakima and Bob Harrison. ADOPTED BY THE CITY COUNCIL this 16th day of January, 2024. / Patricia Byars, Mayor ATTEST: __,,�...��� , YA)I " 1,1 1 i I '*� 111 %� (SEAL1 Rosalinda Ibarra CityClerk 1� i �4\`\y GI a_ 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 Robert Harrison ("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 January 24, 2024. From January 25 through January 31, 2024, Employee will be on his own accrued PTO for working days. After January 31, 2024, Employee will not accrue paid leave, to include PTO. After January 31, 2024, Employee will not receive car allowance but will continue to receive contributions on behalf of the Employer to the Employee's deferred compensation accounts, as necessary. Employee's last date of employment with the Employer shall be January 31, 2024 (the "Separation Date"). 2. Separation Benefits. There will be six (6) months of severance pay paid to Employee as specifically described in Section 3 below and pursuant to his contract, as amended, 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 January 31, 2024, as set forth in Section 3 below. Employee will receive no additional automobile allowance or costs associated with the use of City-issued technology effective January 31, 2024. Employee will receive no additional benefits other than those specifically outlined in this Agreement effective January 31, 2024. Employee understands and agrees that the benefits as set forth in this Section 2, the severance payment as described more completely in Section 3, and the health insurance benefits as described more completely in Section 4. 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. The severance pay will be paid in a lump sum on or about. February 6, 2024. 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. Employer shall include in the final paycheck the value equivalent of six (6) months of employer contributions to enable continuation of the City's Health Insurance Plan. The value shall be equivalent to the City's share of the Health Insurance Plan contribution. 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, on or about February 6, 2024, and be subject to the usual withholding amounts by Employer. 6. Waiver and Mutual Release of Claims. a. As consideration of the benefits described above, and in compliance with the Employment Agreement between the City of Yakima and Robert Harrison, subject to the limitations on release of claims in this Section, and as a material inducement to the Employee entering into this Release of Claims, Employee releases any past and present claims 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 and this Section 6 are subject to the limitations referred to in Section 7 below. d. Further, Employee waives the notification time period of 30 days as required by the Yakima City Charter and RCW 35.18.120 with regards to removal of the City Manager form his position. Employee agrees that his last day of employment shall be January 31, 2024, which is 28 days after notification was provided. Employee waives any rights associated with the final two days of the notification period. e. 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. f. 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. g. 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 January 31, 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. Employee agrees that Employee will cooperate in making himself available, upon request from the City Manager or City Attorney, 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. This includes assistance in reviewing and responding to discovery. At the City's sole discretion, meetings and other availability under this Section may be done remotely. 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. 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. However, Employee shall be compensated for his time associated with this section at the rate of$460 per day (maximum 4 hours), not to include travel time. No such expense shall be incurred in excess of $460.00 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. In the event Employee is asked by the City Manager or City Attorney to draft documents for litigation, he will be compensated at the rate of $115.00 per hour upon Employee providing an itemized receipt showing the time worked, in increments of 10 minutes, and a description of the work done during that time period. 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. It is the intention of the parties that Employee's separation be on an amicable basis. Communications or reference check inquiries from other employers to the City Council about the employee should be positive in nature, reflecting the previous positive nature of the employee's performance reviews conducted by the City Council. 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 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 signature below, I am knowingly, intelligently and voluntarily waiving the 21-day notice peri.., or any days remaining in the 21-day notice period effective the date of my signature • ' b I -)aoay-- Robert Harrison Date 13. Governing law. Unless otherwise controlled by federal law, the interpretation and enforcement of this Agreement shall be governed by the laws of the state of Washington. 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 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 This Release was given to me on the date next to my signature: a-LA) 1)a3-1 ao-a(-4- Robert Harrison Date ACCEPTANCE OF AGREEMENT AND RELEASE OF CLAIMS I accept and agree to this Agreement and the Release of Claims found herein. I further waive any remaining time within the notice period under the Yakima City Charter, RCW 35.18.120, and Section 12 of this Agreement. EMPLOYEE: alt_qj Robert Harrison Date EMPLOYER: CITY 0 KIMA ea 11),;404/ Patricia yers, Mayor Date CITY CONTRACT NO: atT RESOLUTION NO: e 1 s,ti .7s :ems 4* \; `per BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STAT EM ENT Item No. 7.K. For Meeting of: January 16, 2024 ITEM TITLE: Resolution authorizing a separation agreement for City Manager Robert Harrison SUBMITTED BY: Connie Mendoza, Director of Human Resources SUMMARY EXPLANATION: ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type D Resolution 1/12/2024 Resolution ❑ Separation Agreement 1/11/2024 Corer Memo