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HomeMy WebLinkAboutRetirement/Richard Wollangk AGREEMENT OF RETIREMENT AND RELEASE 1(5) IE a: IE ur IE IRI Iff! AUG 2 I 2001 l!J)i CITY CLERKIS OFFICE v THIS AGREEMENT OF RETIREMENT AND RELEASE (heremafter referred to as the "Agreement") is entered into this "1./ day of August, 2007 by and between the CITY OF OSHKOSH (hereinafter referred to as the "City"), and RICHARD A. WOLLANGK (hereinafter referred to as "Mr. W ollangk"), and in exchange for mutual consideration the parties hereto agree as follows: 1. Non-Admission. This Agreement is made in full, final and complete compromise and settlement of any and all disputed claims, whether known or unknown, pending or emergent between the City, and Mr. Wollangk regarding or arising from the employment of Mr. Wollangk as City Manager in the City of Oshkosh. Neither the negotiation, undertaking, agreement to provide nor actual provision of payments and/or benefits under this Agreement shall in any way be construed as an acknowledgement or admission by the City or Mr. Wollangk of any liability or wrongdoing whatsoever under federal, state or local law. 2. Retirement. Mr. W ollangk hereby tenders his irrevocable, voluntary retirement from employment with the City effective October 13, 2007. The City hereby accepts such retirement. As a voluntary retirement, Mr. Wollangk acknowledges that he is not eligible for Unemployment Compensation and will not apply for unemployment compensation. Mr. Wollangk shall receive a lump sum payment equal to: 6 months of his current salary and current benefits (including without limitation insurance contributions, retirement contribution and vehicle allowance); and all accrued benefits, including specifically but without limitation 75% of accrued sick leave, and all accrued vacation and holiday float time through October 13,2007 (all paid in the October 18, 2007 payroll). 3. Waiver and Release. Effective the date of execution of this document, Mr. W ollangk, on behalf of himself, his heirs and assigns, hereby irrevocably and unconditionally releases and discharges the City its respective agents, officers, directors, council members, representatives insurers and employees (whether past or present) and their successors and assigns from any and all grievances, claims, demands, rights, damages, costs, losses, suits, actions, causes of action, attorneys' fees and expenses of any nature whatsoever, in law or equity, known or unknown, arising from or by reason of any matter, act, omission, cause or anything whatsoever, in law or equity, known or unknown, arising from or by reason of any matter, act, omission, cause or anything whatsoever, whether known or unknown, foreseen or unforeseen, arising prior to the above referenced effective date of this Agreement including, without limitation, any and all claims by or on behalf of Mr. W ollangk that the City ever committed any statutory violation or other wrong with respect to Mr. W ollangk relating to or arising out of his employment with the City; any and all claims or other liability or damage of any nature whatsoever which has arisen or might have arisen from alleged acts, omissions, events, circumstances or conditions related to Mr. Wollangk's employment with the City; his retirement from the City; and any and all claims arising out of any alleged violations of any contract or procedural right, express or implied; any covenant of good faith and fair dealing, express or implied; any tort (including, but not limited to, claims of willful or negligent infliction of emotional harm, liable, slander and invasion of privacy), any federal, state or local law, whether statutorily codified or not, governing discrimination in employment, the payment of wages and benefits, or the breach of an express or implied contract of employment, wrongful discharge or other governmental statute including, but not limited to, Unemployment Compensation, the Wisconsin Fair Employment Act, Wis. Stats., SS 111.31-111.395; Title VII of the Civil Rights Act of 1964, 42 U.S.C. Secs. 2000e et seq., as amended by the Civil Rights Act of 1991; 42 U.S.C. 1981 et seq.; Chapter 64 Wis. Stats; the Wisconsin and Federal Fair Labor Standards Acts; and the Americans with Disabilities Act. Mr. Wollangk agrees to waive all payments from the City other than those set forth in this Agreement; provided, however, that nothing in this Agreement shall be construed to waive Mr. Wollangk's rights under the Wisconsin Retirement System. 4. Affirmations. Mr. W ollangk affirms that he has not filed or caused to be filed, and is presently not a party to, any claim, complaint or action against the City or any of the officers agents or representatives enumerated in paragraph 3, in any forum. Mr. Wollangk further affirms that he has no known workplace injury or occupational diseases and has been provided with and/or has not been denied any leave requested under state or federal family and medical leave provisions. 5 No Retaliation or Disparagement. Mr. W ollangk agrees not to retaliate against, disparage or harass the City, its respective officers, directors, agents and employees, whether past or present, in any way regarding any matter relating to, arising out of or in any way connected with Mr. Wollangk's employment with the City. The City agrees not to retaliate against, disparage or harass Mr. W ollangk, in any way regarding any matter relating to, arising out of or in any way connected with Mr. Wollangk's employment with the City. Mr. Wollangk further agrees not to act in any way to jeopardize the City's relationship with the public or employees, including the making of any claims or allegations against the City, its respective officers, directors, agents and employees, whether past or present, in any way relating to or arising out of or in any way connected with Mr. Wollangk's employment with the City. The provisions of this paragraph shall not prohibit statements that may be viewed as disparaging that are made in the form of testimony or to subpoena, or court order where such responses are made in good faith and are required by law. Nothing in this paragraph shall prohibit either party from commencing a legal action to enforce the terms and conditions of this agreement. 6. Disclosure. The parties acknowledge that this Agreement as well as Mr. Wollangk's personnel file and other documents related to his employment are subject to request for disclosure under the provisions of S 19.35, Wis. Stats. The parties also contemplate the terms and conditions of this agreement will be disclosed to the public upon the ratification of this agreement by the City. Mr. Wollangk accordingly waives any right to notice or any other rights under S 19.356 Wis. Stats in regard to the release of this document or its terms. However in the case of requests for any other documents in which Mr. Wollangk is a records subject, the parties acknowledge that the provisions of S 19.356 Wis. Stats shall be applicable. 7. Re-employment. Mr. W ollangk understands and agrees that as a condition of this Agreement, he shall not be entitled now, or hereafter, to any employment or re-employment with the City and further agrees not to institute any action, lawsuit or proceeding against the City for any failure to employ or re-employ him. 2 ,.. -, 8. Acceptance And Revocation Procedures. To ensure that Mr. Wollangk voluntarily agrees to the terms contained in this Agreement and does so only after they are fully understood by him, the following procedures shall apply: 8.1. Mr. W ollangk understands and agrees that he has twenty-one (21) calendar days from receipt of this Agreement (Septmeber 1L 2007) to consider it. Regardless of whether Mr. Wollangk chooses to consider this Agreement for the entire 21-day period, he acknowledges that his execution of this Agreement is knowing and voluntary, without undue influence, duress, coercion or any type of pressure by the City. 8.2. MR. WOLLANGK HAS BEEN INFORMED OF HIS RIGHT TO REVOKE THIS AGREEMENT INSOFAR AS IT EXTENDS TO ANY POTENTIAL CLAIMS UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. Mr. Wollangk may revoke his release of any claims arising out of the Age Discrimination in Employment Act within seven (7) calendar days following execution of this Agreement (the "Revocation Period"). To be effective, notice of revocation must be in writing and delivered, either by hand or mail, to, James M. Kalny, Davis and Kuelthau, S. C., 318 Washington Street, Green Bay Wisconsin within the Revocation Period 8.3 This Agreement is effective when signed, but shall not become enforceable until the Revocation Period has expired. 8.4 If Mr. W ollangk gives timely notice of his intention to revoke his acceptance of the terms set forth in this Agreement, this Agreement shall become null and void. 8.5 Mr. W ollangk represents and warrants to the City that, in the event he elects to accept the terms of this Agreement, by signing this Agreement, the date appearing on the last page of this document shall be the actual date in which he has signed this Agreement. 9. Miscellaneous. Should Mr. Wollangk accept the terms of this Agreement, the Agreement shall be governed by the following: 9.1. This document shall supersede all prior agreements, understandings and practices concerning such matters including, but not limited to, any contracts, personnel documents, handbooks or policies and any prior customs or practices of the City and specifically including the Agreement entered into by Mr. Wollangk and the City dated December 14,2005. 3 .F 9.2 This document and its interpretation shall be governed and construed in accordance with the laws of Wisconsin. It shall be binding upon the parties hereto and their respective successors, agents and assigns. 10. Interpretation. The parties acknowledge that this Agreement shall not be construed against any party on the grounds of authorship. No provision of this Agreement may be modified, waived or discharged unless its waiver, modification or discharge is agreed upon in writing and signed by Mr. Wollangk and such officials as may specifically be designated by the City. 11. Acknowledgement. The City understands that Mr. W ollangk has reviewed this document prior to its execution with a legal representative of his choosing. Mr. W ollangk acknowledges that he has had adequate time for such review; that he has read the foregoing; and, by signing this Agreement, represents that he understands all of its terms and has had full opportunity to consult with a representative of his choice prior to executing this agreement. CITY OF OSHKOSH RICHARD A. WOLLANGK 7/!- y Date: CJ ~ /2-] /0 7 ~~ Date: g -..;0- &7 4