Settlement Agreement_Jeanne SchneiderMasterpiece on the Mississippi
BARRY LINDA
CITY ATTORN
BAL:tls
Enclosure
cc: Michael C. Van Milligen, City Manager
Cindy Steinhauser, Assistant City Manager
Steve Juergens, Esq.
MEMORANDUM
To: Mayor Roy D. Buol and
Members of the City Council
DATE: April 26, 2011
RE: Settlement Agreement and General Release — Jeanne Schneider
Enclosed is a proposed Settlement Agreement and General Release regarding Jeanne
Schneider for your consideration.
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SETTLEMENT AGREEMENT AND GENERAL RELEASE
2. Consideration.
Schneider will receive the following benefits from City:
Date of Receipt ./ 02'
This Settlement Agreement and General Release is made and entered into this
2nd day of May , 2011 (the Signing Date) by and between the City of
Dubuque (City), and Jeanne F. Schneider (Schneider).
Whereas, Schneider was employed by City as the City Clerk; and
Whereas, Schneider has presented a letter of resignation effective September
30, 2011, at which time Schneider intends to retire; and
Whereas, City and Schneider desire to enter into an agreement with respect to
the conditions of Schneider's resignation /retirement, which agreement constitutes the
good faith settlement of any and all claims either may have against the other.
NOW THEREFORE, in consideration of the premises and mutual promises
contained herein, it is hereby agreed as follows:
1. No Admission Of Liability.
This Settlement Agreement and General Release is not and shall not in any way
be construed as an admission by the City, or any of its City Council members,
officers, agents, employees, insurers or representatives, of any acts of
discrimination whatsoever against Schneider, or that City violated any federal,
state, or local law, but constitutes the good faith settlement of a disputed claim,
and City specifically disclaims any liability to or discrimination against Schneider
or any other person, on the part of itself, its City Council members, officers,
agents, employees, insurers or representatives. The parties have entered into
this Settlement Agreement and General Release for the sole purpose of
resolving any and all claims including potential civil rights charges or other civil
actions to avoid the burden, expense, delay and uncertainties of litigation.
• 4/19/2011 -May 2, 2011 Paid administrative leave
• May 2, 2011 Vacation with pay until presently accrued vacation is
exhausted
• After vacation exhausted Severance pay at current salary through September.
30, 2011 (Vacation and sick leave will accrue during
the severance pay period and any balance of vacation
will be paid the first pay period following September
30, 2011)
• Unused sick leave earned by Schneider will be paid by City to Schneider over a
60 -month period, bi- weekly beginning the first pay period in October 2011.
• Schneider's insurance coverages through City existing and in effect as of the
date of this agreement will continue through September 30, 2011.
3. References.
City agrees that in response to any third party reference request regarding
Schneider, City will only provide a confirmation that Schneider worked for City,
the positions held and the dates of employment.
4. Post Termination.
Schneider will be afforded all of the normal employee benefit opportunities that
are afforded to other former city employees, such as the right to continue health
insurance coverage under the City plan at Schneider's own expense.
5. Litigation and General Cooperation.
Schneider agrees to cooperate with all attorneys for City in any litigation in which
Schneider might have relevant information. Cooperation shall include meeting
with the attorneys for City, assisting the attorneys in preparing responses to
discovery, depositions, and attendance, if needed, as a witness on behalf of City
in court without a subpoena. Schneider will not be compensated for any such
services but will be reimbursed for any normal expenses incurred.
Until September 30, 2011, Schneider also agrees to cooperate with City staff by
taking telephone calls during normal business hours from City staff or elected
officials to answer questions about the operation of the City Clerk's Office.
6. Full and Comprehensive Release.
Schneider hereby irrevocably and unconditionally releases, remises and forever
discharges City, its City Council, agents, officers, employees, representative,
attorneys, insurers and all persons acting by, through, under or in concert with
any of them, of and from any and all actions, causes of action, suits, complaints,
claims, liabilities, promises, damages, expenses, including attorneys fees and
costs, of any nature whatsoever, in law or equity, which Schneider ever had, now
has, or may have, particularly against each and any of the persons being
released, from the beginning of employment of Schneider to the date of this
Settlement Agreement and General Release. This Release includes all claims
under any federal, state or local statute, local ordinances or common laws
including but not limited to: the Iowa Civil Rights Act (Iowa Code Chapter 216);
Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e); the Americans With
Disabilities Act of 1990 (42 U.S.C. 12101); the Federal Rehabilitation Act of 1973
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(29 U.S.C. 793,794, 94A); the Age Discrimination Employment Act (29 U.S.C.
623. et. seq); or any other civil rights or discrimination type laws. This Settlement
Agreement and General Release does not waive, affect, or release any workers
compensation claims, unemployment compensation claims, COBRA, or other
benefits or rights not permitted by law to be released privately without
participation or supervision by the agencies administering such matters or a court
of competent jurisdiction. This Settlement Agreement and General Release does
not waive, affect, or release any claims for breach of this Settlement Agreement
and General Release.
7. Covenant Not To Sue.
Schneider further agrees, promises and covenants that neither Schneider nor
any person, organization or entity acting on Schneider's behalf, will file, charge,
claim, sue or cause or permit to be filed, any charge or claim or any action for
damages or other relief, including injunctive, declaratory, monetary relief, against
City, its City Council members, officers, employees, agents or representative
involving any matter occurring in the past up to the date of this Settlement
Agreement and General Release, or involving any continuing effects of actions or
practice which occurred prior to this Settlement Agreement and General Release,
or involving and based upon any claims, demands, causes of action, obligations,
damages or liability which are the subject of this Settlement Agreement and
General Release. However, excluded from this paragraph are any workers'
compensation claims, unemployment compensation claims, COBRA, or other
benefits or rights not permitted by law to be released privately without
participation or supervision by the agencies administering such matters or a court
of competent jurisdiction or claims for breach of this Settlement Agreement and
General Release.
8. Voluntary Agreement.
Schneider represents and certifies that this Settlement Agreement and Release
has been carefully read by his /her and that he /she fully understands all of the
provisions and effects of the Settlement Agreement and General Release, has
thoroughly discussed the matter with his /her attorney and he /she is voluntarily
entering into this Settlement Agreement and General Release, and that neither
City, nor its agents, representatives or attorneys have made any other
representations concerning the terms or effects of this Settlement Agreement
and General Release other than those contained herein.
9. Extinguishment Of All Claims, Known Or Unknown.
Schneider expressly acknowledges that this Settlement Agreement and General
Release is intended to include in its effect, without limitation, all claims which
have arisen and of which he /she knows or does not know, should have known,
had reason to know, or suspects to exist in favor of him /her, at the time of
execution hereof, and that this Settlement Agreement and General Release
contemplates extinguishment of any such claim or claims.
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10.Age Claims.
To obtain a full waiver and release of any federal age discrimination claim by
Schneider the parties agree that if the terms of this Settlement Agreement and
General Release are acceptable, Schneider has twenty -one (21) days from the
date of receipt, to sign this Settlement Agreement and General Release.
Schneider understands that he /she should discuss any concerns he /she may
have concerning the terms herein with his /her attorney before executing this
Settlement Agreement and General Release, and that he /she has had the advice
of counsel before signing this Agreement and General Release. After Schneider
signs this Settlement Agreement and General Release, he /she has seven days
from that date of which he /she may change his /her mind and revoke the
Settlement Agreement and Release. The parties agree that any decision by
Schneider to revoke this Settlement Agreement and Release must be clearly
communicated by Schneider within the seven -day period by letter to the Mayor,
City of Dubuque. In order for the revocation to be valid, the letter must be
postmarked within the seven -day period.
11. Effective Date.
This Settlement Agreement and General Release is effective and enforceable on
the 8 calendar day immediately following the Signing Date.
12.lowa Law Governs.
This Settlement Agreement and General Release is made and entered into in the
State of Iowa and shall in all respects be interpreted, enforced and governed
under the laws of Iowa. The language of all parts of this Settlement Agreement
and General Release in all cases shall be construed as a whole, according to its
fair meaning, but not strictly for or against either of the parties.
13. Severability.
Should any provision of this Settlement Agreement and General Release be
declared and determined by any court to be illegal or invalid, the validity of the
remaining parts, terms or provisions shall not be effected thereby and said illegal
or invalid part, term or provision shall be deemed not to be a part of this
Settlement Agreement and General Release.
14. Entire Agreement
This Settlement Agreement and General Release sets forth the entire Agreement
between the parties hereto and fully supercedes any and all prior agreements or
understandings between the parties hereto pertaining to the subject matter
hereof.
PLEASE READ CAREFULLY. THIS SETTLEMENT AGREEMENT AND
GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN
CLAIMS.
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In witness whereof and intended to be legally bound hereby, Schneider and the
City have executed the foregoing Settlement Agreement and General Release.
Signing ate ` anne F. Schneider
by:
City of Dubuque, Iowa
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Roy D. Buol, ayor
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CO,