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Home My WebLink About19-16 Resolution No. 19-16 RESOLUTION AUTHORIZING EXECUTION OF SETTLEMENT AND RELEASE OF CLAIMS AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Settlement and Release of Claims Agreement with Kyla Jacobsen be and is hereby approved and City Manager, Richard G. Kozal, be and is hereby authorized and directed to execute such Settlement and Release of Claims Agreement providing for payments in the total amount of$25,000, a copy of such agreement being attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 13, 2019 Adopted: February 13, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk SETTLEMENT AND RELEASE OF CLAIMS AGREEMENT This Settlement and Release of Claims Agreement("Agreement") is made and entered into on the date set forth below by and between Kyla Jacobsen on behalf of herself, her spouse and dependents, her agents, representatives, attorneys, assigns, heirs, executors and administrators (hereinafter "Jacobsen"); and the City of Elgin, Illinois, including the City's affiliates, predecessors, successors, representatives, elected officials, attorneys, officers, agents and employees, individually and in their representative capacities(hereinafter"City"). WHEREAS,Jacobsen retired from employment with the City on December 1, 2017; WHEREAS, Jacobsen filed a charge of discrimination with the Equal Employment Opportunity Commission("EEOC"),bearing Charge No. 440-2018-03276, on February 15,2018; WHEREAS, Jacobsen also cross-filed her charge of discrimination with the Illinois Department of Human Rights("IDHR"), bearing Charge No. 180402-016; WHEREAS, prior to the EEOC completing its investigation Jacobsen requested that the EEOC issue a Right to Sue Notice; WHEREAS, the EEOC subsequently issued Jacobsen a Right to Sue Notice on July 24, 2018, terminating its processing of the charge and closing the case without issuing any determination or finding of any liability or wrongdoing by the City; WHEREAS, Jacobsen and the City wish to avoid the time, expense, and inconvenience of litigation and participated in settlement negotiations through their attorneys of record during which the parties hereby reached a settlement agreement, as described herein, without any admission of liability on the part of the City; NOW, THEREFORE, in consideration of the monies, mutual promises, and covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,Jacobsen and the City agree as follows: 1) If Jacobsen signs and does not revoke this Agreement, the City agrees to pay the total gross sum amount of Twenty Five Thousand Dollars($25,000), as follows: a. A one-time lump sum payment on behalf of Kyla Jacobsen to the American Water Works Association, Illinois Section, Women in Water in the gross amount of Ten Thousand Dollars ($10,000.00), which shall be issued within thirty (30) days of the date Jacobsen signs this Agreement and the provision of a fully executed W-9 Form for this payment from such association; b. A one-time lump sum payment to"Kyla Jacobsen" in the gross amount of Nine Thousand Dollars ($9,000.00), which shall be issued within thirty (30) days of the date Jacobsen signs this Agreement and the provision of a fully executed W-9 Form for this payment; 1 c. A one-time lump sum payment to "Foote, Mielke, Chavez, & O'Neil, LLC" in the gross amount of Six Thousand Dollars ($6,000.00), which shall be issued within thirty (30) days of the date Jacobsen signs this Agreement and the provision of a fully executed W-9 Form for this payment; It is agreed that except for the payment in Section 1) a to the American Water Works Association, Illinois Section, Women in Water, Jacobsen shall be responsible for and shall pay any and all required taxes with respect to the payments provided for in this section. 2) Withdrawal of Charges. Jacobsen agrees to take all steps necessary to withdraw any pending charge and/or review of determination with the IDHR and/or the EEOC. 3) General Release of All Claims. In exchange for the consideration described in this Agreement, Jacobsen on behalf of herself, and her spouse and dependents, her agents, representatives, attorneys, assigns, heirs, executors and administrators (collectively "Jacobsen") releases, waives, and forever discharges the City including the City and the City's affiliates, predecessors, successors, representatives, elected officials, attorneys, officers, agents and employees, past and present, individually and in their representative capacities (collectively "the City") from any and all known or unknown claims, actions, or liabilities arising out of her employment and/or her separation from employment with the City as of the date this Agreement is signed, including but not limited to: ➢ Any and all claims, actions, or liabilities arising under: the Illinois Human Rights Act, 775 ILCS 5/1 et seq.; the Illinois Whistleblower Act, 740 ILCS 174/1; the Illinois Wage Payment and Collection Act, 820 ILCS 115/1 et seq.; the Illinois Military Leave of Absence Act, 5 ILCS 325/ et seq.; the Genetic Information Non-Discrimination Act ("GINA"); Title VII of the Civil Rights Act of 1964, as amended; 42 U.S.C. §§ 1981, 1983, 1985, 1988; the Equal Pay Act; the Family and Medical Leave Act (FMLA); the Americans with Disabilities Act (ADA); the Rehabilitation Act of 1973; the Illinois Public Labor Relations Act (IPLRA); the Fair Labor Standards Act, 29 U.S.C. 201 et seq.; the Uniformed Services Employment and Re-employment Rights Act; the Health Insurance Portability and Accountability Act of 1996; the Illinois Municipal Code, 65 ILCS 5/10-2.1 et seq., the City of Elgin Municipal Code; and/or any other claim whatsoever arising out of or relating to Jacobsen's employment with the City; Y Any and all claims, actions, causes of action or liabilities arising under any and all other federal, state, or local municipal statutes, laws, constitutions, ordinances, executive orders and/or regulations; • Any and all claims, actions, causes of action or liabilities asserting the City has violated its personnel policies, handbooks or any covenant of good faith and fair dealing or any express or implied contract of employment between Jacobsen and the City; • Any and all claims, actions, causes of action or liabilities asserting the City violated public policy or common law, including but not limited to claims for: personal injury; 2 4 invasion of privacy; whistle-blowing; retaliatory discharge; negligent hiring, retention or supervision; defamation; intentional, reckless or negligent infliction of emotional distress and/or mental anguish; intentional interference with contract; invasion of privacy; appropriation of likeness; negligence; detrimental reliance; loss of consortium to Jacobsen or any member of Jacobsen's family; and/or promissory estoppel; D Any and all claims, actions, causes of action or liabilities asserting the City is in any way obligated for any reason to pay Jacobsen any damages, expenses, litigation costs (including attorneys' fees), backpay, frontpay, increased pension, disability or other benefits, vacation pay and sick pay, compensatory damages, punitive damages, and/or interest; and/or D Any and all amendments to the foregoing statutes, federal common law, state common law, and claims under any other federal, state, or local statute, law, ordinance, regulation, policy, decision, or order. 4) ADEA Release and Additional Acknowledgements. Jacobsen specifically waives and releases the City from all claims or rights she may have as of the date she signs this Agreement arising under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621, et seq. and the Older Workers Benefit Protection Act, 29 U.S.C. § 621, et seq. Jacobsen also acknowledges and agrees that: (a) Her waiver of rights under this Agreement is knowing and voluntary and in compliance with the Older Workers Benefit Protection Act of 1990; (b) This Agreement is written in language she understands; (c) This Agreement includes a waiver and release of claims under the ADEA; (d) The consideration provided in this Agreement represents consideration over and above that to which she otherwise would be entitled,that the consideration would not have been provided had she not signed this Agreement, and that the consideration is in exchange for the signing of this Agreement; (e) The City is hereby advising her to consult with an attorney before signing this Agreement; (0 She is not suffering from any workplace injuries or illnesses for which he has not already filed a claim; and has been paid all monies owed for all hours worked; (g) This Agreement waives and releases only those claims and rights arising before the date Jacobsen signs this Agreement; (h) Jacobsen may take up to twenty-one (21) days to consider this Agreement before signing it; 3 (i) Following her signature of this Agreement, she has seven(7)days in which to revoke this Agreement by written notice. To be effective, the revocation must be made in writing and must be delivered and received within those seven (7) days by Human Resources Director Gail Cohen, 150 Dexter Court,Elgin, Illinois 60120;and (j) This entire Agreement shall be void and of no force and effect if she chooses to so revoke, and if she chooses not to revoke, this Agreement shall then become effective and enforceable assuming all other parties have already executed it. 5) Exclusion from Release. Excluded from this Agreement's waiver and release are any claims that cannot be waived by law, including but not limited to the right to file a charge with or participate in an investigation conducted by certain government agencies, such as the EEOC. However, Jacobsen waives her right to any monetary recovery should any federal, state, or local administrative agency (including, but not limited to, the EEOC) pursue any claims on her behalf arising out of or related to her employment or the separation of her employment with the City. 6) Non-Admission. Jacobsen and the City agree and acknowledge that this Agreement and the consideration described herein does not constitute and shall not be interpreted as an admission of any potential liability or wrongdoing on the part of the City. The City has expressly denied any liability or wrongdoing and continues to maintain that it has acted lawfully in connection with Jacobsen's employment with the City. The parties acknowledge and agree that this Agreement resulted from the parties' mutual desire to resolve any and all matters and controversies between one another and to avoid the time, and expense and inconvenience of litigation. 7) Entire Agreement. This Agreement constitutes the entire agreement between Jacobsen and the City. No other promises or agreements, either express or implied, shall be binding unless hereinafter reduced to writing and signed by Jacobsen and the City. 8) Neutral Construction. The language of all parts of this Agreement shall in all cases be construed as a whole, according to their fair meaning, and not strictly for or against any of the parties, regardless of who drafted the Agreement. 9) Severability. To the extent any portion of this Agreement may be held to be invalid or legally unenforceable by a court of competent jurisdiction, the parties agree that the remaining portions of this Agreement shall not be affected and shall be given full force and effect. 10) Counterparts. This Agreement may be executed in separate counterparts and each such counterpart shall be deemed an original with the same effect as if all Parties to the Agreement had signed the same document. Signatures transmitted by facsimile or email shall have the same legal effect as an original signature. 11) Choice of Law. This Agreement shall be enforced in accordance with the laws of the State of Illinois. 4 AGREED: 1/24/2019 ;9444444-1 Kyla Jacobse Date: ,' 2A ' ��1 February 13, 2019 ity of Elgin,Illinois Date: By:Richard G.Komi, City Manager F.fLegal DepAPleadingsUacobsen,Kyla\Settleaunt and Release of Claims Agr-Clean-l-18-19.docx 5