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CCR2004122. . . 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 . 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 . 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 . 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, . . . 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. . . . 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 . . . 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 . . . By: John Dillon, Bargaining Consultant Date: . . . 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 . . . . 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 JRJ/aw