Peter Kelly Settlement

8/9/2019 Peter Kelly Settlement

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SETTLEMENT AGREEMENTGENERAL RELEASE AND COVENANT NOT TO SUE

This Settlement Agreement, General Release and Covenant Not to Sue( AGREEMENT') is entered into by and between the CITY OF ANSONIA (the ClTy'),its directors, officers, employees, representatives, agents, successors and assigns, andPETER J. KELLY, an individual residing at _ 1i,KELLy,,1.

WHEREAS, KELLY had been emptoyed by the ClTy; and

WHEREAS, the CITY terminated its employment relationship with KELLY on orabout March 4,2014; and

WHEREAS, KELLY filed a demand for arbitration with the American ArbitrationAssociation, denominated Peter Kellv v. Citv of Ansonia, Case Number: 01-14-0001-291'1 (the 'ARBITRATION ); and

WHEREAS, the parties submitted to mediation of the ARBITRATION on or aboutJanuary 19,2015; and

WHEREAS, while maintaining their respective positions, and without admittingfault or liability, the parties are willing to resolve the ARBITHATION confidentially in theinterest of avoiding the cost and inconvenience of litigation, and to definitively resotveand conclude all issues arising out of the employment relationship;

NOW, THEREFORE, in consideration of the mutual covenants herein contained,and other good and valuable consideration, the receipt and sufficiency of which arehereby acknowledged, the CITY and KELLy agree that:

Upon the Effective Date of this AGREEMENT, as hereinafter defined, andKELLY'S filing of a withdrawal of the ARB|THATION with prejudice,whichever is later, the clrY, without any admission of liability orwrongdoing, agrees to pay to KELLY the gross sum of SEVENTEENTHOUSAND FIVE HUNDRED AND 00/1OO DOLLARS ($r7,s00) in acheck made payable to KELLY. Said check shall be released upon theapproval of the CITY'S Board of Aldermen.

KELLY consents to the total and irrevocable termination of theemployment relationship, and all duties and authority associatedtherewith, as of March 4, 2014, and entirely waives any right or claim toreinstatement, rehire, or resumption of active duty, and agrees not toapply for reinstatement, rehire, or resumption of active duty, and to waiveany right to so apply, as a new employee or otherurise. ln the event thatKELLY applies for reemployment or attempts to exercise any recall rights,the CITY shall have no obligation to consider him for reemployment. Allbenefit eligibility ceased March 4,2014.

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3. Except for the obligations set forth in this AGREEMENT, as well as anyvested pension benefits, KELLY releases and forever discharges theCITY, for himself and his heirs, executors, administrators and aSSignS,

from all demands, damages, complaints, suits, caUSeS of action, claimsand charges whatsoever, in law or in equity, which KELLY ever had, mayhave had, now has, or which he or his heirs, executors, administrators or

assigns hereafter can, shall or may have as a result of any act or omissionoccurring up to the Effective Date of this AGREEMENT, including but notlimited to the ARBITRATION. Moreover, KELLY agrees to withdraw theARBITRATION with prejudice, and neither file nor maintain any otheraction.

Without in any way limiting the scope or effect or Paragraph 3:

A. KELLY represents that he has been fully represented and advisedby his attorney with respect to this AGREEMENT.

B. KELLY represents that he is fully competent to, and doesunderstand the meaning and effect of this AGREEMENT.

C. KELLY agrees that among the rights knowingly and voluntarilywaived and released in Paragraph 3 are the rights to bring, pursueor continue to pursue, or cause to be brought or pursued, orvoluntarily participate in, or receive individual relief of any type from(including but not limited to costs, reinstatement and attorney fees),any suits, demands, complaints, causes of action, claims andcharges under any federal, state or local law, statute, regulation ordecision, or body of common law, in law or in equity, before any

federal, State or municipal court, administrative agency, arbitraltribunal or alternate dispute resolution forum, including but notlimited to the Age Discrimination in Employment Act, the OlderWorkers Benefit Protection Act, Title Vll of the Civil Rights Act of1964, the Connecticut General Statutes, the Americans withDisabilities Act, the Employee Retirement lncome Security Act, andany state or local counterparts of the above, the ConnecticutWhistleblowers Act (Conn. Gen. Stat. S 31-51m); ConnecticutGeneral Statute S 31-51q prohibiting discipline or discharge onaccount of employee's exercise of certain constitutional rights, theprovisions of the Connecticut General Statutes concerning the

payment of wages (Conn. Gen. Stat.S$ 31-58 et seq., and Conn.Gen. Stat. S$ 31-70 et seq.) and all claims for salary and othercompensation or benefits; common law claims for constructivedischarge; tort (including but not limited to defamation, fraud,intentional or negligent misrepresentation, negligence, or negligentinfliction of emotional distress); breach of contract; breach ofimplied covenant of good faith and fair dealing; promissory

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Paragraph 1 above. Notwithstanding the above, if the parties are askedabout the status of the ARBITRATION, they may say that it is resolved.

lf KELLY breaches any provision of this Agreement, the CITY maydemand repayment of any payment already made, in which case KELLYwill forfeit and promptly return the same to the CITY. Any forfeiture or

repayment by KELLY will be in addition to and not in lieu of any otherremedy provided for herein or otherwise available to the CITY on accountof KELLY'S breach, including the CITY'S entitlement to injunctive relieffrom a court ordering KELLY to cease violating his obligations, recovery ofany damages sustained, and any other applicable remedies. KELLYagrees to indemnify the CITY for any costs, expenses (including attorneys'fees) or damages incurred by the CITY due to his breach.

KELLY and the CITY agree that this AGREEMENT constitutes the full andcomplete understanding between them, and that no changes to thisAGREEMENT shall be effective unless made in a writing signed by both

parties.

The parties agree not to disparage each other in any manner. Anystatement to prospective employers of KELLY will be limited to position,dates of employment, and salary information. KELLY will make nostatements disparaging the CITY or its practices, policies, employees,boards and commissions, programs, services, and decisions'

lf any of the provisions, terms or clauses of this AGREEMENT aredeclared illegal, unenforceable or ineffective in a legal forum or byoperation of law, those provisions, terms and clauses shall be deemed

severable, such that all other provisions, terms and clauses of thisAGREEMENT shall remain valid and binding upon KELLY and the CITYto the fullest extent possible.

This AGREEMENT shall be interpreted in accordance with and governedby the laws of the State of Connecticut, exclusive of its laws on conflicts ofIaw.

This AGREEMENT may be executed in separate counterparts and eachexecution shall be valid and binding just as if all of the parties had signedthe same original.

This AGREEMENT is contingent upon the approval of the CITY'S Boardof Aldermen. lf such approval is not received, this AGREEMENT shall benull and void regardless of whether or not it has been signed by any party'

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PETER KELLY

On this

-day

of February, 2015, before me personally appeared PETERKELLY, who in my presence executed the foregoing Settlement Agreement, General

Release and Covenant Not to Sue, acknowledging such execution to be his free act anddeed.

Notary PublicMy Commission Expires:

CITY OF ANSONIA

On this

-day

of February,2015, before me personally appeared

-

who, in my presence, executed the foregoing Settlement Agreement, General Releaseand Covenant Not to Sue, acknowledging such execution to be his free act and deed onbehalf of the CITY.

Notary PublicMy Commission Expires:

BY:

Its:

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Peter Kelly Settlement