CCR2004122.
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COMMON COUNCil. CITY OF MUSKEGO
RESOLUTION #122.2004
APPROVAL OF SETTLEMENT AND RELEASE AGREEMENT
BETWEEN THE CITY OF MUSKEGO
AND THOMAS SCHilLING
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Finance Committee, does hereby approve the attached
Settlement and Release Agreement between the City of Muskego and Thomas
Schilling.
BE IT FURTHER RESOLVED That Police Chief John Johnson is hereby authorized to
execute the agreement in the name of the City.
DATED THIS 27th DA Y OF July ,2004.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy C. Salentine
Ald. Eric Schroeder
Ald. Eileen Madden
This is to certify that this is a true and accurate copy of Resolution #122-2004 which
was adopted by the Common Council of the City of Muskego.
7/2004jmb
. SETTLEMENT AND RELEASE AGREEMENT
THIS SETTLEMENT AND RELEASE AGREEMENT entered into by and between
the CITY OF MUSKEGO (hereinafter "the City"), the WISCONSIN PROFESSIONAL POLICE
ASSOCIATION (hereinafter "the Association") and THOMAS SCHILLING (hereinafter "Mr.
Schilling") reflects a comprehensive settlement involving all actual and potential claims of the
Association and Mr. Schilling against the City. The following constitutes the terms of such
Agreement:
WITNESSETH:
WHEREAS, Mr. Schilling is currently employed as a police detective in the Muskego
Police Department; and,
WHEREAS, the City, the Association and Mr. Schilling are interested in terminating Mr.
Schilling's employment relationship with the City and entering into a mutual agreement
resolving all matters related to this employment relationship, with finality and without further
expenditure of time, effort or money, and with an assurance that none of them will pursue any
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claims against each other(s) related to this employment relationship.
NOW, THEREFORE, for and in consideration of the terms and conditions contained
herein, the parties hereto agree as follows:
1. Mr. Schilling does hereby submit, and the City does hereby agree to accept, his
irrevocable, unconditional and voluntary resignation from his position as a police detective,
effective August 21, 2004. A copy of Mr. Schilling's letter of resignation is attached hereto as
Appendix A. Mr. Schilling agrees to submit this letter of resignation immediately after this
Settlement and Release Agreement is executed by all parties and the City agrees to accept this
letter of resignation immediately upon receipt.
2. In consideration for Mr. Schilling's resignation from employment and release, the
City does agree to provide Mr. Schilling with a paid leave of absence through August 21, 2004.
During this paid leave of absence, Mr. Schilling shall continue to receive his contractual salary
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through August 21, 2004, less all applicable deductions. During the term of this leave of
absence, the City will continue to provide Mr. Schilling with all of his existing fringe benefits,
except as provided in paragraph 4 below. In addition to salary continuation during the period of
the aforementioned leave of absence, Mr. Schilling shall be entitled to a lump sum payout of the
followings amounts on August 21, 2004:
. a) Vacation: Pursuant to Article 6 - Vacations, Section 1, Mr. Schilling is entitled to
$7,742.27 in payment for 283.58 unused vacation hours.
b) Holiday: Pursuant to Article 5 - Wages, Section 4 - Holidays, Mr. Schilling has
earned $218.42 as an amount of holiday pay for one (1) unused floating holiday
c) Sick Time: Pursuant to Article 9 - Sick Leave, Section 10, Mr. Schilling shall receive
$26,209.82 in payment for nine hundred-sixty (960) hours of accumulated unused
sick leave time.
d) BACKPAY: Within thirty days of any negotiated settlement, any Interest
Arbitrator's decision, or as soon as administratively possible thereafter, the City
shall pay Mr. Schilling any back pay due for his employment from the end of the
expired collective bargaining agreement to August 21, 2004 on all of the above
listed amounts.
3. Between the date of execution of this Agreement and the effective date of his
resignation from employment, Mr. Schilling shall not be required to, and shall be prohibited
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from, performing any duties or responsibilities as a City of Muskego employee.
4. The City shall continue to be eligible for health and welfare coverage through
July 31, 2004. Therefore, he shall be eligible for insurance continuation under COBRA, as
provided by law. The City shall pay its portion of the COBRA premium through October 31,
2004.
5. Mr. Schilling agrees that he will not apply for employment with the City at any
time in the future and expressly waives any right or expectation he may have to be employed by
the City in any capacity at any time in the future.
6.., The City shall prepare a neutral letter of recommendation for Mr. Schilling, which
shall be'attached hereto as Exhibit B. Mr. Schilling agrees to direct all requests for references
and other employment-related information to the Muskego Chief of Police. Responses to
inquiries by prospective employers regarding Mr. Schilling's employment with the City shall be
limited to comments which are consistent with the City's letter of recommendation.
7. As consideration for this Settlement and Release Agreement, Mr. Schilling, on
behalf of himself, his heirs, executors, administrators, successors, assigns and representatives,
releases and forever discharges the City, its council members, officers, managers, agents, .
employees, predecessors and successors, and its insurers, trustees, administrators, successors,
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assigns and representatives (hereinafter "the Releasees"), from any and all claims, charges,
demands, rights, liabilities, and causes of actions of any kind whatsoever, known or unknown,
with respect to, arising out of, or any way connected to his employment with the City, and
releases and waives any claim or right to reinstatement, or further compensation of any kind,
except as specifically provided in this Settlement and Release Agreement. Mr. Schilling further
agrees not to file or pursue any claims, charges, or proceedings of any kind in any agency or
court against the City with respect to any matter concerning or arising out of his employment
with the City, except as may be necessary to enforce the terms of this Agreement. Mr. Schilling
fully understands that this release specifically includes, but is not limited to: all grievances or
other claims arising out of the collective bargaining agreement, all claims or causes of action for
any alleged acts of discrimination by the City, including claims based upon federal, state or local
laws prohibiting discrimination, including claims under the Civil Rights Act of 1866 and 1870,
as amended, 42 D.S.C. ~ 1981 et seq., Title VII of the Civil Rights Act of 1964, as amended, 42
V.S.C. ~ 2000e et seq., the Americans with Disabilities Act of 1990, as amended, 42 D.S.C.
~12101 et seq., the Fair Labor Standards Act of 1938, as amended, 29 D.S.C. ~ 201 et seq., the
Federal Rehabilitation Act of 1973, as amended, 29 D.S.C. 9 701 et seq., the Federal Family and
Medical Leave Act, as amended, 29 D.S.C. 9 2601 et seq., the Wisconsin Family and Medical
Leave Act ~ 103.10, Wis. Stats. et seq., the Wisconsin Fair Employment Act, ~ 111.31-111.395,
Wis. Stats. et seq.; all claims for breach of employment contract, wrongful discharge or tort
violations; any and all claims for retribution or retaliation by the City; and any and all claims for
violation oflocal, state, federal, common law.
8. Mr. Schilling understands and agrees that he may know that there may exist
claims at this time or in the future against the City, its council members, officers, managers,
agents, employees, predecessors and successors, and its insurers, trustees, administrators,
successors, assIgns and representatives, which claims are covered by the terms of this
Agreement, the nature of which Mr. Schilling has not yet discovered. It is expressly understood
and agreed that the possibility that such claims exist, being known and understood, was explicitly
taken into account by Mr. Schilling in determining the amount of consideration to be paid for
entering into this Settlement and Release Agreement, and a portion of this consideration, having
been bargained for between the parties with knowledge of the possibility of such claims, was
given in exchange for full accord, satisfaction and discharge of all such claims.
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9. Mr. Schilling acknowledges that he has been represented by both a umon
representative and the attorney of his choice, if any, with respect to the matters which are the
subject of this Settlement and Release Agreement; and that his union representative and/or
attorney has discussed this Agreement with him and has fully advised him regarding the rights
and obligations he assumes by executing this Settlement and Release Agreement.
10. Mr. Schilling acknowledges and agrees that the City's agreement to provide the
consideration set forth in Paragraph 2, above, is made solely for the purpose of ending the
employment relationship.
11. The Association, Mr. Schilling and the City agree that this Settlement Agreement
shall not be considered, utilized or cited as a precedent with respect to any other emploYment
matters or contract interpretation issues in the future.
12. The parties agree that the provisions of this Settlement and Release Agreement
shall be deemed severable, and that the invalidity or unenforceability of anyone or more of the
provisions or clauses hereof shall not affect the validity or enforceability of the other provisions
or clauses hereof. The construction and interpretation of this Settlement and Release Agreement
shall be governed by the laws of the State of Wisconsin.
13. The parties expressly state that each of them has read and fully understands the
terms of this Settlement and Release Agreement; that the parties signing on behalf of each party
are authorized to execute this Settlement and Release Agreement; and that the parties intend to
be legally bound by its terms. The parties further state that they understand that this Settlement
and Release Agreement constitutes a full, final and binding settlement of the matters covered by
this Settlement and Release Agreement, and further state that their willingness to enter into this
Settlement and Release Agreement was not induced by, or based upon, any representation by any
other party hereto, or its attorneys, agents, employees or representatives, which is not contained
in this Settlement and Release Agreement.
14. The WPP A signs this agreement only as to the extent this agreement discusses
rights covered under the collective bargaining agreement between the City of Muskego and the
Law Enforcement Employee Relations Division of the Wisconsin Professional Police
Association, or under Wis. Stats. ~ 111.70, the Municipal EmploYment Relations Act. The
WPP A's signature does not indicate any opinion by its representatives, agents, or employees
regarding its member Schillings' rights under any state, federal or local law prohibiting
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discrimination on the basis of age, ancestry, sex, race, religion, disability, creed, national origin,
marital status, sexual orientation, handicap, or other protected class, or which prohibit retaliation
in any way related to the filing of such a claim. Specifically, neither the WPP A nor its
representatives, agents, or employees make any representation by their signature of Schilling's
rights under the Age Discrimination in Employment Act as amended, (29 D.S.C. ~ 621, et seq.);
Title VII of the Civil Rights Act of 1964, as amended (42 D.S.C. ~ 2000e, et seq.); the Civil
Rights Act of 1991; the Americans with Disabilities Act (42 U.S.c. ~ 12101, et seq.); the
Wisconsin Family or Medical Leave Law, Wis. Stats. ~ 103.10; the Family and Medical Leave
Act of 1993 (29 D.S.C. ~ 2601, et seq.); the Wisconsin Fair Employment Act, Wis. Stats. ~
111.31, et seq.; the Fair Labor Standards Act of 1938, as amended (29 D.S.C. 9201, et seq.); the
Equal Pay Act of 1963, as amended (29 D.S.C. 9 2601, et seq.); and the Federal Rehabilitation
Act of 1973, as amended (29 D.S.C. 9 701, et seq.).
15. It is understood and agreed that this Agreement is subject to approval by the
Muskego Common Council and shall have no force or effect upon the City of Muskego until
such action is take.
16. Mr. Schilling acknowledges that he has been given twenty-one (21) days to
consider this Agreement and consult with counsel before signing.
17. Mr. Schilling acknowledges that he shall have seven (7) days from the date of
this Agreement to revoke his acceptance of its terms. Such revocation shall be in writing,
signed by Mr. Schilling.
IN WITNESSES WHEREOF, the parties hereto have executed this Settlement and
Release Agreement, on the dates indicated below.
CITY OF MUSKEGO THOMAS SCHILLING
By: By:
John Johnson, Chief of Police Thomas Schilling
Date: Date:
WISCONSIN PROFESSIONAL POLICE
ASSOCIATION
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By:
John Dillon, Bargaining Consultant
Date:
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EXHIBIT A
July 6, 2004
Chief John Johnson
Muskego Police Department
P.O. Box 749
Muskego, VVI 53150
Dear Chief Johnson
Please be advised that I desire to voluntarily resign from my position as a police officer
(detective) and thereby resign voluntarily to terminate my employment with the City of
Muskego. My resignation is effective August 26, 2004.
Sincerely,
Thomas Schilling
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Exhibit B
August 21,2004
To Whom It May Concern,
Thòmas R. Schilling began his employment with the City of Muskego Police Department
on April 1, 1985 as a Patrol Officer. On ~,ta.y1, 1991 Thomas Schilling was promoted to
the position of Detective. On AugUst 21, 26ò4 Thomas Schilling resigned his position
with the Police Department.
Sincerely,
John R. Johnson
Chief of Police
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