10-82 Resolution No. I 0-82
RESOLUTION
AUTI-IORILING EXECUTION OF AN EMPLOYMENT SLPARATION AGREEMENT
WITI I LISA G. WOMACK
BE IT RESOLVED BY TI-IL CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that
Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to
execute an employment separation agreement on behalf of the City of Elgin with Lisa 0, Womack.a
copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 14, 2010
Adopted: April 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson. City Clerk
,
3-31-10
EMPLOYMENT SEPARATION AGREEMENT
THIS AGREEMENT ("Agreement") made and entered into by and between the CITY
OF ELGIN, a municipal corporation, on its own behalf and on behalf of its divisions,
subdivisions, departments, assigns, officers, officials, elected officials, appointed officials,
employees, attorneys and agents, past and present, (hereinafter collectively referred to as the
"City"), and LISA G. WOMACK, on her own behalf and on behalf of her spouse, family, agents,
attorneys, representatives, heirs, executors, administrators, successors and assigns (hereinafter
collectively referred to as "Ms. Womack").
WHEREAS, Ms. Womack is currently employed by the City as the Police Chief; and
WHEREAS, Ms. Womack has determined and agreed to resign her position as Police
Chief with the City and the City has agreed to accept her resignation upon the terms and
conditions stated in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and undertakings
contained herein, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
1. That Ms. Womack agrees to and does hereby irrevocably resign as Police Chief
and her employment with the City of Elgin effective April 9, 2010 at 5:00 p.m. (hereinafter
referred to as the "Subject Resignation Date"). The City hereby accepts Ms. Womack's
resignation as Police Chief. To the extent she has not already done so, Ms. Womack shall return
to the City all City of Elgin property and equipment by the Subject Resignation Date including,
but not limited to, the City vehicle, cell phone, weapon, credentials and keys. Ms. Womack shall
continue to receive her current salary and other employment benefits until the Subject
Resignation Date, whereupon as of the Subject Resignation Date (being April 9, 2010) all salary
and other employment benefits with the City shall terminate. For purposes of clarification, Ms.
Womack shall also receive from the City payment for all accrued unused vacation leave as of
April 9, 2010, in the total amount of 92.04 hours. Said payment for accrued unused vacation
leave, less appropriate employee deductions, shall be paid by the City to Ms. Womack with Ms.
Womack's last pay check on April 16, 2010.
2. If Ms. Womack signs this Agreement and does not revoke this Agreement, Ms.
Womack shall receive from the City severance pay in the total sum of Seventy-Five Thousand
Three Hundred Forty-Three Dollars and 58/100ths ($75,343.58). Said total amount of
$75,343.58 shall be paid by the City to Ms. Womack in thirteen (13) equal installments of
$5,795.66 paid every two weeks on the City's payroll days commencing with the first payment
on April 30, 2010, and ending with the last payment on October 15, 2010. The City shall deduct
from such severance pay federal and state withholding taxes, the employee contribution (15%)
for the comprehensive major medical insurance referred to in paragraph 3 hereof and the
insurance premium for the dental-PPO Single. There shall be no deduction from such severance
pay for a contribution to the Police Pension Fund Ms. Womack having advised the City that she
intends to withdraw from the Police Pension Fund as of the Subject Resignation Date of April 9,
2010. Ms. Womack shall provide the Police Pension Board with a notice of such withdrawal and
provide the City a copy of same. The City shall pay based upon the amount of such severance
pay all applicable federal and state employer taxes.
3. If Ms. Womack signs this Agreement and does not revoke this Agreement, the
City shall pay the City's portion (85%) for and continue in full force and effect until and
including September 30, 2010, for Ms. Womack the comprehensive major medical insurance
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equal to the current PPO #1 Single health insurance coverage currently being provided to Ms.
Womack.
4. If Ms. Womack signs this Agreement and does not revoke this Agreement, in the
event Ms. Womack files a claim for unemployment benefits the City agrees not to contest or
oppose such claim.
5. That in consideration of the benefits Ms. Womack is receiving in this Agreement,
Ms. Womack waives and releases the City from any and all known or unknown claims,
allegations, suits, claims for damages or any and all other liability of any type or of whatsoever
nature (hereinafter collectively referred to as "Claims") arising out of or relating to her
employment with the City and/or the separation of her employment with the City. This waiver
and release includes, but is not limited to:
Claims that the City has violated its personnel policies, procedures,
handbook, any covenant of fair dealing or any implied or express contract of any
kind;
Claims that the City has violated public policy, statutory or common law,
including but not limited to Claims for: personal injury; breach of fiduciary
duties; invasion of privacy; retaliatory discharge; negligent hiring, retention or
supervision; defamation; fraud; intentional or negligent infliction of emotional
distress and/or mental anguish; intentional interference with contract; negligence;
whistle blowing; detrimental reliance; loss of consortium to Ms. Womack and any
member of Ms. Womack's family; promissory estoppels; and any other common
law, statutory law or constitutional claim;
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Claims that the City is in any way obligated for any reason to pay
Ms. Womack salary, compensation, benefits, commissions, bonuses, severance
benefits, vacation, sick leave, paid time off, stock grants, stock options or other
stock-related benefits, profit sharing, damages, expenses, litigation costs
(including attorneys' fees), back pay, front pay, disability or welfare or retirement
benefits (other than any accrued retirement benefits), compensatory damages,
punitive damages, and/or interest;
Claims of discrimination or retaliation based on age (including but not
limited to the federal Age Discrimination in Employment Act), ancestry, national
origin, color, sex (including but not limited to sexual harassment), gender,
pregnancy, concerted activity, disability (including but not limited to the
Americans with Disabilities Act), handicap, entitlement to benefits, health factor,
marital status, parental status, race, religion, retaliation, sexual orientation, source
of income, union activities, veteran's status, or other status protected by any local,
state or federal laws, constitutions, regulations, ordinances or executive orders;
Claims that the City has retaliated against Ms. Womack in violation of any
federal, state or local laws;
Claims that the City has violated the Fair Labor Standards Act, the Family
Medical Leave Act, the Employee Retirement Income Security Act, the Workers
Adjustment and Retraining Act, the National Labor Relations Act, the Labor-
Management Relations Act, Sarbanes-Oxley, the Lily Ledbetter Fair Pay Act of
2009, the Genetic Information Non-discrimination Act, and all other federal, state
or local laws;
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Claims under the United States or the State of Illinois Constitutions
including but not limited to Claims under 42 USC §1983; and
Claims under any other local, state or federal statute, common law or
constitution.
6. That among the Claims being waived and released by Ms. Womack are any and all
claims under the federal Age Discrimination in Employment Act ("ADEA"). Pursuant to the
requirements of the ADEA, Ms. Womack acknowledges that: (a) this waiver and release is
written in a manner which is understood by Ms. Womack, that she in fact understands the waiver
and release, and that she understands the entire Agreement; (b) she expressly intends to waive
and release claims under the ADEA; (c) she is not waiving rights or claims that may arise after
the date this Agreement is executed; (d) she is receiving valuable benefits under this Agreement
that she is not already entitled to receive, (e) she has been and is being advised by the City to
consult with an attorney prior to executing this Agreement and she has in fact consulted with an
attorney prior to executing this Agreement; (f) she has been given a period of at least twenty-one
(21) days within which to consider this Agreement; (g) she has seven (7) days following the
execution of this Agreement to revoke the Agreement; and (h) she has been advised this
Agreement shall not become effective or enforceable until the seven (7) day revocation period
has expired.
7. That among the Claims being waived and released by Ms. Womack are all rights,
claims or causes of action under the Lily Ledbetter Fair Pay Act, including claims that she has
been adversely affected by the application of a discriminatory compensation decision or other
discriminatory practice. Ms. Womack agrees and acknowledges that Ms. Womack is waiving
and releasing any right, claim or cause of action that the gross severance pay amount provided
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for in this Agreement is the result of or based on discrimination based on sex, race, national
origin, age or disability.
8. That it is the intention of Ms. Womack and the City that, in executing this
Agreement, Ms. Womack is providing the City a full and general release and that it shall be an
effective bar to and waiver of each and every claim, damage, cause, allegation, liability and/or
cause of action either known or unknown, for all acts, omissions, practices occurring as of the
date of this Agreement.
9. That excluded from the general waiver and release are any and all claims or rights
which cannot be waived by law, and Ms. Womack's right to any earned but unused vacation as
of the date of Ms. Womack's employment termination. Also excluded from the general waiver
and release is Ms. Womack's right to file a charge with an administrative agency or participate in
any agency investigation. Ms. Womack understands and agrees, however, that she is waiving
her right to recover any money in connection with such a charge or investigation. Ms. Womack
further understands and agrees that she is also waiving her right to recover money in connection
with a charge or complaint filed by any other individual or by the Equal Employment
Opportunity Commission or any other federal, state or local agency.
10. That in addition to the general waiver and release provided by Ms. Womack to the
City, Ms. Womack also agrees to the covenant not to sue the City as described in this paragraph.
A covenant not to sue is different from the general waiver and release of claims set forth above.
Besides waiving and releasing the claims covered by the general waiver and release described
above, Ms. Womack further agrees never to file or institute any suit, charge, complaint,
proceeding, grievance or action of any kind at law, in equity or otherwise in any court of the
United States or in any state thereof or in any administrative agency of either the United States or
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of any state, county or municipality thereof or before any other tribunal, public or private, arising
from or relating to Ms. Womack's employment and/or separation with the City, and/or any other
occurrence to the date of this Agreement and also waives any right to recover any relief as a
result of any such proceeding or proceeding instituted on her behalf. Notwithstanding the
foregoing, Ms. Womack may bring a claim against the City to enforce this Agreement or to
challenge the validity of the general release under the ADEA, and she has the right to file a
charge with an administrative agency or participate in any agency investigation. Ms. Womack
understands and agrees, however, that she is waiving her right to recover any money in
connection with such a charge or investigation. Ms. Womack further understands and agrees that
if she sues the City in violation of this Agreement: (i) she shall be liable to the City for its
reasonable attorney's fees and other litigation costs incurred in defending such a suit; and (ii) the
City shall be excused from making or continuing any further payments otherwise owed to her
under this Agreement. (As indicated above, however, it would not violate any part of this
Agreement to sue the City to enforce this Agreement or to challenge the validity of the general
release under the ADEA.)
11. Ms. Womack further agrees that Ms. Womack: (i) has been paid for all hours
worked, and has been paid her earned compensation, (ii) she has not suffered any on the job
injury for which she has not already filed a claim; and (iii) she has received all leaves of
absences and reinstatements, that she has not been denied any requested leave of absence, and
that she has been reinstated to her prior position following any leave.
12. That both parties agree and acknowledge that this Agreement does not constitute, is
not intended to be, and shall not be construed, interpreted, or treated in any respect as an
admission of liability or wrongdoing by the City or Ms. Womack. Both parties further agree that
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this Agreement shall not be admissible in any proceedings as evidence of any improper action by
the City or Ms. Womack.
13. That the City and Ms. Womack agree that upon this Agreement becoming effective
the City will issue the news release attached hereto as Exhibit A.
14. That the City and Ms. Womack further agree that upon this Agreement becoming
effective that the City will provide Ms. Womack five original executed copies of the letter of
reference attached hereto as Exhibit B.
15. That other than as stated herein, Ms. Womack agrees and states that no promise or
inducement has been offered for this Agreement; that she is competent as a matter of law to
execute this Agreement and accepts full responsibility therefor; that she has not been coerced,
threatened or intimidated into signing this Agreement; that she has knowingly and voluntarily
entered into this Agreement with full knowledge of its meaning and consequences; that she has
read and reviewed this Agreement carefully and fully understands all of the terms of this
Agreement, including that she is waiving and releasing all Claims under federal, state and local
laws (including but not limited to age discrimination, other discrimination and retaliation); that
she fully understands that the general release does not waive rights or claims that may arise after
the date this Agreement is executed; that she has been advised in writing to consult with an
attorney before signing this Agreement; that she fully understands she may take up to twenty-one
(21) days to consider this Agreement before signing it; and that she is not otherwise entitled to
receive the benefits being provided to her under this Agreement.
16. That the parties agree that this Agreement sets forth the entire agreement between
the parties and supersedes any written or oral understanding, promise, or agreement directly or
indirectly related to it which is not referred to and incorporated herein, all prior agreements and
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understandings between the parties having been merged herein and terminated and extinguished
hereby.
17. That the parties covenant and agree that this Agreement shall be final and binding
upon the parties, their successors, and assigns as to all past, present or future claims, disputes or
causes of action referred to above which may have existed, exist now, or may exist in the future
between them.
18. That any changes in this Agreement, whether by additions, deletions, waivers,
amendments or modifications, may only be made in writing and signed by the parties.
19. That this Agreement is and shall be deemed and construed to be a joint and
collective work product of the City and Ms. Womack and, as such, this Agreement shall not be
construed against the other party, as the otherwise purported drafter of same, by any court of
competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if
any, in the terms or provisions contained herein.
20. That to the extent any portion or covenant of this Agreement may be held to be
invalid or legally unenforceable by a court of competent jurisdiction, the remaining portions of
the Agreement shall not be affected and it shall be given full force and effect.
21. This Agreement shall be deemed to have been made in, and shall be construed in
accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane
County, Illinois.
22. That all notices or other communications hereunder shall be made in writing and
shall be deemed given if personally delivered, sent by overnight courier or mailed by registered
or certified mail, return receipt requested, to the parties at the following addresses or at such
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other addresses for a party as shall be specified by a like notice and shall be deemed received on
the date which said notice is hand delivered or the second business day following the date on
which so mailed:
TO THE CITY: TO LISA G. WOMACK
City of Elgin Lisa G. Womack
150 Dexter Court 159 Dawson Drive
Elgin, Illinois 60120-5555 Elgin, Illinois 60120
Attention: Corporation Counsel
23. That other than as specifically stated in this Agreement, Ms. Womack is not
entitled to receive and the City is not obligated to provide any other payments, monies or
benefits.
24. That following Ms. Womack's execution of this Agreement Ms. Womack shall
have seven (7) days from the date she signs this Agreement to revoke this Agreement. If Ms.
Womack wants to revoke the Agreement, Ms. Womack should deliver a written revocation to
William A. Cogley, Corporation Counsel for the City of Elgin, within seven (7) days after she
signs the Agreement. This Agreement shall not become effective or enforceable until this seven
day revocation period has expired.
25. That this Agreement has been presented to and offered to Ms. Womack on
March 10, 2010. Ms. Womack shall not be required to execute this Agreement, and the City
shall not withdraw its offer of this Agreement prior to twenty-one (21) days from such date or on
or before April 1, 2010. The parties further agree that, notwithstanding the changes to this
Agreement which have been negotiated between the parties and made to this Agreement since
the Agreement was originally presented and offered to Ms. Womack on March 10, 2010, the
parties have agreed that the changes do not restart the running of the 21-day period and do not
extend the 21-day period Ms. Womack has to execute this Agreement.
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26. That this Agreement shall be effective on the eighth (8th) day after Ms. Womack
executes this Agreement if she does not revoke this Agreement before then.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this
Agreement on the dates following their respective signatures below.
CITY OF ELGIN, a municipal corporation
C /&_,
By:
Ed Schock, Mayor Lisa G. omack
Attest: Date of Execution: oz -e / , 2010
1
Diane Robertson, City lerk
Date of Execution:Nxisl.\.4- , 2010
STATE OF ILLINOIS )
) SS.
COUNTY OF KANE )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY that Lisa G. Womack personally known to me to be the same person whose
name is subscribed to the foregoing instrument, appeared before me this day in person, and
acknowledged that she signed, sealed and delivered the said instrument as her free and voluntary
act, for the uses and purposes therein set forth.
Given under my hand and official seal this/tT day of/4,Okt _ , 2010.
11°.
ary Publi "'
"OFPIClM SEAti'
JAMES R.BARNES
Notary Public,State of Illinois
p4.23-13
My emission Expires
F:\Legal Dept\Agreement\Employment Separation Agreement-Lisa Womack-clean 3-31-10.doc
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EXHIBIT A
OFE4s.
ti# City of Elgin
Art Y 150 Dexter Court
Elgin, Illinois 60120-5555
NEWS RELEASE
, 2010
FOR IMMEDIATE RELEASE
POLICE CHIEF LISA WOMACK ANNOUNCES HER RESIGNATION
City of Elgin Police Chief Lisa Womack has announced her resignation effective April 9, 2010.
Ms. Womack has been the Police Chief since August 1, 2005.
The City of Elgin extends thanks to Ms. Womack for her efforts on behalf of the City of Elgin
and its citizens and wish Ms. Womack and her family best wishes in her future endeavors.
###
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• `�yofrtC/
1.
f ),'_' § — City of Elgin
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--AF
ror�r�o��6� EXHIBIT B Mayor
Ill
Ed Schock
April 9, 2010 Council Members
Richard Dunne
Robert Gilliam
David Kaptain
John Prigge
John Steffen
Michael Warren
City Manager
TO WHOM IT MAY CONCERN: Sean R. Stegall
RE: Lisa Womack
Lisa Womack held the position of Chief of Police for the City from Elgin from August 2005
through April 2010. During her tenure, Chief Womack made many positive contributions to the
City of Elgin and the Elgin Police Department.
She implemented several programs including geographic policing and beat accountability that
expanded the department's community policing efforts and strengthened community
relationships. She implemented technological advancements, moving the department toward
advanced use of data for crime analysis. Chief Womack also initiated a Compstat program that
enhanced departmental accountability.
Chief Womack created several programs that expanded community partnerships including the
implementation of the Elgin Police Citizen Advisory Committee. She was fiscally prudent and
successfully managed the departmental budget during a time of economic downturn and
significant loss of resources.
Lisa Womack demonstrated commitment to the department and the community. She was a
dedicated professional and worked hard to provide quality police services. Her communication
skills, both written and verbal, are excellent and her knowledge of modern, innovative policing
was apparent. Finally, she created a professional environment within the department and had a
positive relationship with employees.
The City of Elgin wishes her the best in her future endeavors.
Sincerely,
Sean R. Stegall
City Manager
SRS/mg
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OFEl,C
• 'ti= Memorandum
City of Elgin
A ti0
°RATED@E�;
Date: April 23, 2010
To: Gail Cohen, Human Resources Director
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution No. 10-82, Adopted at the April 14, 2010 Council Meeting
Enclosed you will find the agreement listed below. Please retain a copy for your records. If you
have any questions please feel free to contact our office 847-931-5660 and we will do our best to
assist you. Thank you.
• Employment Separation Agreement with Lisa G. Womack