RELEASE
This Release, ("Release") made and entered into on this ^g^dav of January 2017, by and between Levy E. Burris Jr., hereinafter referred to as "Employee" and the Town of Silt, Colorado, its employees, officers, legal representatives, elected and appointed officials, agents, and administrators, hereinafter collectively referred to as "Town" or "Employer", WITNESSETH THAT:
WHEREAS, the Employee herein was an employee of the Silt Police Department; and
WHEREAS, Employee and the Town are desirous of resolving any issues between them; and WHEREAS, in exchange for this Release by the Employee and certain consideration by the Town, the Employee and the Town do resolve the issues between them; NOW, THEREFORE, in consideration of the mutual benefits and advantages hereinafter
contained, and further in consideration of the mutual promises and covenants hereinafter more specifically set forth, the Employee and the Town, together known and referred to as the Parties hereto do stipulate and agree as follows: I. OBLIGATIONS OF EMPLOYEE
1. That Employee does hereby retire from his employment with the Town, effective January 6, 2017. In performance of this provision. Employee has submitted a letter of retirement
(attached hereto and incorporated herein by this reference as Exhibit A). Employee's retirement is submitted as a necessary condition of the Release set forth herein. 2. That Employee, including his successors, agents, and estate, hereby releases Employer, its agents and attorneys from any and all claims, causes of action, liabilities, expenses, and/or damages which he may have or may assert against Employer for any acts by Employer
which occurred prior to the date of this Release, or omissions by Employer to perform acts which should have been performed prior to the date of this Release, including, without limiting the
generality of the foregoing, any act or omission of Employer arising out of or relating to Employee's employment with the Town, except for any benefits to which he may be entitled pursuant to the terms of this Release. Specifically, but not by way of limitation, this Release
includes claims, demands and/or liabilities arising out of or under: •
The Equal Pay Act;
•
The Fair Labor Standards Act, as amended;
•
The National Labor Relations Act, as amended;
•
Title VII of the Civil Rights Act of 1 964, as amended:
•
42 U.S.C. §§ 1981-1988, as amended;
•
The Age Discrimination in Employment Act, as amended; I
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•
The Americans with Disabilities Act;
•
The Rehabilitation Act;
•
The Employee Retirement Income Security Act, as amended;
•
The Civil Rights Act of 1 991 ;
•
The Family and Medical Leave Act;
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Any other federal statute;
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Any state civil rights act, any state statutory wage claim;
•
Any claim of retaliatory treatment;
•
Any claim of wrongiiil discharge in violation of public policy.
3. Without limiting the generality of the foregoing, this Release applies to any and all matters asserted, or which could have been asserted, up to the effective date ofthis Release. 4.
Nothing within this Release or otherwise shall be construed to relieve the Town of
its obligation to provide Employee a defense and/or to indemnify Employee pursuant to the provisions of the Colorado Governmental Immunity Act (C.R.S. § 24-10-101, et seq.) as
amended and/or the Colorado Peace Officers Act (C.R.S. § 29-5-111), or any like or similar statutory provision in the event that any person brings an action against Employee for any act or omission of Employee occurring within the course and scope of his employment with the Town. 5.
Employee will return any Town property not previously returned, and shall
continue to refrain from representing himself as an employee of the Town. 6.
Nothing within this Release shall be construed as a waiver of any claims or rights
Employee may have pursuant to the Colorado Workers' Compensation Act. 7.
Employee agrees that he will not reapply for employment with the Town. II. OBLIGATIONS OF EMPLOYER
1. That Employer hereby accepts and approves Exhibit A and thereafter the same shall be incorporated into the personnel files maintained by the Town regarding the Employee.
2.
On the condition that Employee signs this Release and does not revoke it as
described below, following the expiration of the revocation period described below, the Town
shall pay Employee, as wages, the gross sum of $18,871.14. The payment will be treated as
wages. The net amount of the payment will be after applicable withholdings and deductions. Per policy, Employee will be covered under the Town's group health, dental and vision insurance through January 31, 2017. 3.
That Employer agrees that in the event that any injury sustained by Employee
during his tenure as an Employee of the Town of Silt later results in a claim for temporary total, temporary partial, permanent partial, or pennanent total disability benefits, Employer shall not cite Employee's "retirement" as grounds to deny entitlement to such benefits.
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4. The Employer agrees that it will take reasonable action tinder the attorney-client privilege, work product doctrine and/or the deliberative process privilege to attempt to protect any report, summary and/or substantive communications related to the investigations completed
in 2016 by independent investigator, Heather Coogan.
The Employer may produce such
materials upon court order, but shall request the materials be produced subject to a protective order. If a request is made for these documents and the Employer, based on legal advice, believes the documents should be produced, it has the right to produce those documents after
providing notice to the Employee, who may take such actions related to the documents as he deems appropriate. Employer agrees to provide notice to: Bruno, Colin & Lowe PC, do David Goddard, at 1999 Broadway Suite 4300, Denver, CO 80202.
5. The Employer agrees to provide Employee with an identification card pursuant to C.R.S. ยง 24-33.5-112 and 18 U.S.C. ยง 926C (d) indicating Employee is a retired peace officer, and agrees to renew said identification card annually so long as Employee remains a qualified retired law enforcement officer. 6. Employer agrees that Employee may retain his Chiefs Badge as long as the Employee, or the Employer at its option, takes such actions to make sure that the Badge is preserved in a way in which it is not useable and cannot be construed as an active police badge. For example, the Badge may be encased in plastic and used as a paperweight.
7.
Employee shall be entitled to a pay out of his accrued but unused leave in
accordance with Town policy and any other benefits to which he is entitled, which totals
$16,016.29, and will be paid to the Employee after the revocation period as provided below. III. GENERAL PROVISIONS
1.
NO ADMISSION OF LIABILITY.
The Town and Employee, by entering into
this Release, do not admit to any impropriety, wrongdoing or liability of any kind whatsoever. The Parties agree that this Release does not constitute evidence of or an admission of any liability, omission or wrongdoing of any kind by Employee or the Town, or any employees, officials, agents or attorneys of the Town. No terms of this Release, except Exhibit A, may be offered or received into evidence, utilized for precedent or otherwise filed or lodged in any proceeding except as may be necessary to prove and enforce its terms. 2. INTEGRATION. The Parties understand, acknowledge and agree that this Release constitutes the entire agreement of the Parties regarding the subject matter and transactions referred to herein. The Parties understand, acknowledge and agree that the terms of this Release are contractual in nature and not mere recitals. As such, the Parties understand, acknowledge and agree that this Release is fully integrated and supersedes all previous oral or written agreements of the Parties.
3.
BINDING EFFECT.
This Release shall be binding upon the successors, assigns
and heirs of the Employee.
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4.
GOVERNING LAW.
This Release is entered into in Colorado, and shall be
governed by the laws of the State of Colorado.
5. HEADINGS. The headings used in this Release are for the convenience of the Parties only. As such, these headings shall not have any legal effect whatsoever or, in any other
way alter or modify the meaning or interpretation of this Release. 6. ADDITIONAL ASSURANCES. This Release is intended to be self-operative. Notwithstanding the foregoing, the Parties agree that, at the reasonable request of the other Party, they shall execute any further documents or instruments reasonably necessary to effectuate the transactions contemplated by this Release.
8.
COSTS.
The Parties agree that each Party shall bear his or its own costs and
attorney fees, if any, specifically related to this Release.
9.
EXECUTION IN COUNTERPARTS OR BY FACSIMILE. This Release may be
executed in counterparts or with signatures obtained via facsimile transmission or electronic mail transmission, each of which shall have full force and effect upon execution by all Parties to this Release. 10. WARRANTIES. The Employee expressly warrants that he has carefully and completely read the terms of this Release. The Employee expressly warrants that he has had the opportunity to consult with counsel prior to executing this Release, that he fully understands the
terms of this and that he enters into it knowingly and voluntarily, and without coercion, duress or undue influence. The Employee expressly acknowledges that he believes the terms of this Release are appropriate to reach a full and final settlement. The Employee expressly understands and agrees that signing of this Release shall be forever binding, and no rescission, modification or release of the Employee from the terms of this Release will be made for mistake or any other
reasons. The Employee represents that he is legally competent to execute this Release and accepts full responsibility and assumes the risk of any mistake of fact as to any damages, losses,
or injuries, whether disclosed or undisclosed, sustained as a result of Employee's employment and the separation from employment, any claim brought or which could have been brought, or any other matter between the Parties occurring up to the effective date of this Release. The Employee further warrants and acknowledges that no promise or inducement has been offered except as set forth herein and that this Release was executed by him without reliance upon any
statement or representation by the persons or Parties released or their representatives concerning the nature or extent of any damages or any legal liability therefore. The Employee acknowledges that entering into this Release is not an admission by either Party of any wrongful or improper actions, but rather reflects the Parties' desire to resolve this matter amicably without additional expense or litigation. 1 1.
AMENDMENT.
This Release may not be amended except in a writing setting
forth such amendment and executed by all Parties.
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12. ENFORCEABILITY. The Parties expressly acknowledge that this Release shall be governed by the laws of the State of Colorado and shall be enforceable in accordance with its terms only in the state courts of Colorado. 13. TIME TO CONSIDER. Employee shall have twenty-one (21) days from the date he receives it, as shown below, to consider this Release, although Employee may choose to voluntarily execute it earlier. If Employee does not accept the offer by returning a signed copy to the Town Administrator within twenty-one (21) days of the Offer Date set forth below, then the offer shall be deemed withdrawn, and this Release shall be null and void. 14. PERIOD.
OLDER WORKER BENEFIT PROTECTION ACT NOTICE/REVOCATION If Employee executes this Release, he shall have seven (7) days from the Date of
Signing as set forth below to revoke the Release.
Any revocation shall be made in writing
delivered to and received at the Silt Town Hall, 231 N. 7th Street, Colorado, within seven (7) days of the date of execution of the Release by Employee. The Release shall not be effective or enforceable until this revocation period expires. If the Town does not receive a written notice of
revocation as provided herein, then the Release shall be effective and may not be revoked after that time. 15.
DRAFTING.
The Parties have participated and had an equal opportunity to
participate in the drafting of this Release. No ambiguity shall be construed against any party
based upon a claim that that Party was a drafter.
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CAUTION: THIS IS A RELEASE.
READ BEFORE SIGNING.
WHEREFORE, the Employee agrees to and accept the terms of this Release:
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7 urns
STATE OF COLORADO
)
) COUNTY OF GARFIELD
)
The foregoing Release was subscribed and sworn to before me this
(n day of December,
201 6, by Levy Bums.
Jittnr'a my toiri anAnffiaiahi il. SHANTEL M SALISBURY
Notary Public • State ot Colorado Notary ID 20114077698
My Conunission Expires Oct 30, 2020
Notary Public
^
^
My commission expires: CV3 73Q ,r>aPQ APPROVED AS TO FORM AND CONTENT:
BRUNO, COLIN, & LOWE, P.C.
SvifKjoddard Attorneyfor Employee
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CAUTION: THIS IS A RELEASE.
READ BEFORE SIGNING.
WHEREFORE, the Employer agrees to and accept the terms of this Release:
.
&
¦^¦0/ 7 Authorized Agent of the Town of Silt
DATE STATE OF COLORADO
COUNTY OF GARFIELD
1 Tjv
The foregoing Release was subscribed and sworn to before me this ^
day of January, 2017,
by Pamela K. Woods. Witness my hand and official seal.
Notary Public AMIE TUCKER
My commission expires :
•zoz-o
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20124050102
,
MY COMMISSION EXPIRES SEPTEMBER 18. 2020 I
APPROVED AS TO FORM AND CONTENT:
UMM & MAYER P.C.
J. /Andrew Nathan Attorneyfor Employer
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