12-29 Resolution No. 12-29
RESOLUTION
AUTHORIZING EXECUTION OF AN EMPLOYMENT SEPARATION AGREEMENT
WITH ROBERT M. BEETER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Sean R. Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and
directed to execute an employment separation agreement on behalf of the City of Elgin with
Robert M. Beeter, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 8, 2012
Adopted: February 8, 2012
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
2-1-12
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 ROBERT M. BEETER, on his own behalf and on behalf of his spouse, family,
agents, attorneys, representatives, heirs, executors, administrators, successors and assigns
(hereinafter collectively referred to as "Mr. Beeter").
WHEREAS, Mr. Beeter is currently employed by the City as the City's Police Deputy
Chief; and
WHEREAS, the City has offered to certain employees a voluntary separation program;
and
WHEREAS, Mr. Beeter has determined and agreed to retire and resign his position and
employment with the City and the City has agreed to accept his retirement and 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 Mr. Beeter agrees to and does hereby irrevocably retire and resign his
position as Police Deputy Chief and his employment with the City of Elgin effective February 3,
2012 at 5:00 p.m. (hereinafter referred to as the "Subject Resignation Date"). The City hereby
accepts Mr. Beeter's retirement and resignation from his position and employment with the City.
To the extent he has not already done so, Mr. Beeter 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, computer, cell phone, credentials and keys. Mr. Beeter shall continue to receive his
current salary and other employment benefits until the Subject Resignation Date, whereupon as
of the Subject Resignation Date (being February 3, 2012) all salary and other employment
benefits with the City shall terminate. For purposes of clarification, Mr. Beeter shall also receive
from the City payment for all accrued unused vacation leave, unused personal time and for a
portion of unused sick leave pursuant to City policy, as of February 3, 2012.
2. If Mr. Beeter signs this Agreement and does not revoke this Agreement, Mr.
Beeter shall receive from the City severance pay in the total equal to Mr. Beeter's current annual
base salary pro-rated for the time period of February 3, 2012, through March 30, 2012. The
amount of severance pay shall be paid by the City to Mr. Beeter in installments in two-week
intervals according to the City's regular payroll schedule through March 30, 2012. 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 employee contribution (100%) for the dental insurance referred to in Paragraph 3
hereof. The City shall pay based upon the amount of such severance pay all applicable federal
and state employer taxes. There shall be no deduction from such severance pay for a
contribution to the Police Pension Fund as the severance pay in this paragraph constitutes a non-
pensionable post-retirement payment.
3. If Mr. Beeter signs this Agreement and does not revoke this Agreement, and if
Mr. Beeter pays the employee's portion (15%) of the premiums, the City shall pay the City's
portion (85%) for and continue in full force and effect until and including July 31, 2012, for Mr.
Beeter the comprehensive major medical insurance equal to the current PPO #2 family health
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insurance coverage currently being provided to Mr. Beeter. If Mr. Beeter signs this Agreement
and does not revoke this Agreement, and if Mr. Beeter pays 100% of the premiums therefor, the
City shall continue in full force and effect until and including July 31, 2012, for Mr. Beeter the
dental PPO#1 family coverage currently being provided to Mr. Beeter.
4. If Mr. Beeter signs this Agreement and does not revoke this Agreement, in the
event Mr. Beeter files a claim for unemployment benefits the City agrees not to contest or
oppose such claim.
5. That in consideration of the benefits Mr. Beeter is receiving in this Agreement,
Mr. Beeter 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 his employment
with the City and/or the separation of his 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 Mr. Beeter and any
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member of Mr. Beeter's family; promissory estoppels; and any other common
law, statutory law or constitutional claim;
Claims that the City is in any way obligated for any reason to pay Mr.
Beeter 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 Mr. Beeter 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
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2009, the Genetic Information Non-discrimination Act, and all other federal, state
or local laws;
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 Mr. Beeter are any and all
claims under the federal Age Discrimination in Employment Act ("ADEA"). Pursuant to the
requirements of the ADEA, Mr. Beeter acknowledges that: (a) this waiver and release is written
in a manner which is understood by Mr. Beeter, that he in fact understands the waiver and
release, and that he understands the entire Agreement; (b)he expressly intends to waive and
release claims under the ADEA; (c) he is not waiving rights or claims that may arise after the
date this Agreement is executed; (d)he is receiving valuable benefits under this Agreement that
he is not already entitled to receive, (e) he has been and is being advised by the City to consult
with an attorney prior to executing this Agreement and he has in fact consulted with an attorney
prior to executing this Agreement; (f)he has been given a period of at least twenty-one (21) days
within which to consider this Agreement; (g) he has seven (7) days following the execution of
this Agreement to revoke the Agreement; and (h)he 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 Mr. Beeter are all rights,
claims or causes of action under the Lily Ledbetter Fair Pay Act, including claims that he has
been adversely affected by the application of a discriminatory compensation decision or other
discriminatory practice. Mr. Beeter agrees and acknowledges that Mr. Beeter is waiving and
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releasing any right, claim or cause of action that the gross severance pay amount provided 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 Mr. Beeter and the City that, in executing this Agreement,
Mr. Beeter 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 Mr. Beeter's right to any earned but unused vacation as of
the date of Mr. Beeter's employment termination. Also excluded from the general waiver and
release is Mr. Beeter's right to file a charge with an administrative agency or participate in any
agency investigation. Mr. Beeter understands and agrees, however, that he is waiving his right to
recover any money in connection with such a charge or investigation. Mr. Beeter further
understands and agrees that he is also waiving his 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 Mr. Beeter to the
City, Mr. Beeter 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, Mr. Beeter 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
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in any state thereof or in any administrative agency of either the United States or of any state,
county or municipality thereof or before any other tribunal, public or private, arising from or
relating to Mr. Beeter'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 his behalf. Notwithstanding the foregoing, Mr.
Beeter may bring a claim against the City to enforce this Agreement or to challenge the validity
of the general release under the ADEA, and he has the right to file a charge with an
administrative agency or participate in any agency investigation. Mr. Beeter understands and
agrees, however, that he is waiving his right to recover any money in connection with such a
charge or investigation. Mr. Beeter further understands and agrees that if he sues the City in
violation of this Agreement: (i) he 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 him 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. Mr. Beeter further agrees that Mr. Beeter: (i) has been paid for all hours worked,
and has been paid his earned compensation, (ii) he has not suffered any on the job injury for
which he has not already filed a claim; and (iii) he has received all leaves of absences and
reinstatements, that he has not been denied any requested leave of absence, and that he has been
reinstated to his 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 Mr. Beeter. 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 Mr. Beeter.
13. That other than as stated herein, Mr. Beeter agrees and states that no promise or
inducement has been offered for this Agreement; that he is competent as a matter of law to
execute this Agreement and accepts full responsibility therefor; that he has not been coerced,
threatened or intimidated into signing this Agreement; that he has knowingly and voluntarily
entered into this Agreement with full knowledge of its meaning and consequences; that he has
read and reviewed this Agreement carefully and fully understands all of the terms of this
Agreement, including that he is waiving and releasing all Claims under federal, state and local
laws (including but not limited to age discrimination, other discrimination and retaliation); that
he fully understands that the general release does not waive rights or claims that may arise after
the date this Agreement is executed; that he has been advised in writing to consult with an
attorney before signing this Agreement; that he fully understands he may take up to twenty-one
(21) days to consider this Agreement before signing it; and that he is not otherwise entitled to
receive the benefits being provided to him under this Agreement.
14. 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
understandings between the parties having been merged herein and terminated and extinguished
hereby.
15. 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
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causes of action referred to above which may have existed, exist now, or may exist in the future
between them.
16. 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.
17. That this Agreement is and shall be deemed and construed to be a joint and
collective work product of the City and Mr. Beeter 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.
18. 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.
19. 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.
20. 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
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:
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TO THE CITY: TO ROBERT M. BEETER:
City of Elgin Robert M. Beeter
150 Dexter Court 3025 Settlers Parkway
Elgin,Illinois 60120-5555 Elgin, Illinois 60124
Attention: Corporation Counsel
21. That other than as specifically stated in this Agreement, Mr. Beeter is not entitled
to receive and the City is not obligated to provide any other payments, monies or benefits.
22. That following Mr. Beeter's execution of this Agreement Mr. Beeter shall have
seven (7) days from the date he signs this Agreement to revoke this Agreement. If Mr. Beeter
wants to revoke the Agreement, Mr. Beeter should deliver a written revocation to William A.
Cogley, Corporation Counsel for the City of Elgin, within seven (7) days after he signs the
Agreement. This Agreement shall not become effective or enforceable until this seven day
revocation period has expired.
23. That this Agreement has been presented to and offered to Mr. Beeter on January 27,
2012. Mr. Beeter 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 February 17, 2012. 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 Mr. Beeter on January 27, 2012, the
parties hereto agree that the changes do not restart the running of the twenty-one (21)-day period
and do not extend the twenty-one (21)-day period Mr. Beeter has to execute this Agreement.
24. That this Agreement shall be effective on the eighth (8th) day after Mr. Beeter
executes this Agreement if he does not revoke this Agreement before then.
[SIGNATURE PAGE FOLLOWS]
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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
By: arta. id97,6,
can R. Stegall, City ager Robert M. Beeter
Attest: Date of Execution: O /0) / , 2012
1V1414... it L' 1/ 0 Laz,6
Kimberly A. Dewifi, City Clerk
Date of Execution: February 8 , 2012
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 Robert M. Beeter 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 he signed, sealed and delivered the said instrument as his free and voluntary
act, for the uses and purposes therein set forth.
Given under my hand and official seal this L'''c day of r Es1.Q-'-'e. , 2012.
"OFFICIAL SEAL" tary Pu1tr
WILLIAM A.COGLEY
Notary Public,State of Minois
My Commission Expires
G\legal dept\agreement\employment separation agreement-robert m.beeter clean.doc