HomeMy WebLinkAboutResolution 2009-098 separation agreement with Charles B. DeSpainMARANA RESOLUTION N0.2009-98
RELATING TO PERSONNEL; APPROVING AND AUTHORIZING THE TOWN MANAGER
TO EXECUTE A SEPARATION AGREEMENT WITH CHARLES B. DESPAIN
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the Town Manager is hereby authorized to execute, and the Town's
staff is hereby directed and authorized to undertake all other and further tasks required to carry
out the terms and obligations of a .separation agreement between the Town of Marana and
Charles B. DeSpain attached to and incorporated by this reference to this resolution as Exhibit A:
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 23rd day of June, 2009.
Mayor Ed onea
ATTEST:
ronson, Town Clerk
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APPROVED AS TO FORM:
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i4' Frank Cassid~%, Town Att
{00015229.DOC /}
SEPARATION AGREEMENT
This Agreement effects an agreeable separation of the employment
relationship between CHARLES B. DeSPAIN ("EMPLOYEE") and the TOWN OF
MARANA ("EMPLOYER"), as well as resolution of any claims, known and
unknown, now existing between the parties. The terms of this Agreement are as
follows:
1. Resignation. EMPLOYEE agrees to voluntarily retire from his
employment with EMPLOYER effective June 30, 2009 (hereinafter referred to as the
"Resignation Date").
2. Consideration. Upon execution of this Agreement, and in
consideration for each of the terms of this Agreement, EMPLOYER will provide
EMPLOYEE with the following:
a. EMPLOYEE will be paid severance pay in an amount equal to 2% of
EMPLOYEE'S annual base salary as of the Resignation Date
multiplied by EMPLOYEE'S 11.01 years of service with
EMPLOYER as of the Resignation Date, for a total amount of
$23,830.59.
b. EMPLOYEE will be paid for 50% of his unused, accrued sick leave as
of the Resignation Date, calculated based on the EMPLOYEE'S
annual base salary as of the Resignation Date.
c. If EMPLOYEE elects health insurance coverage through
EMPLOYEE'S retirement health care plan under the Arizona State
Retirement System (ASRS), EMPLOYER will pay $150 per month
directly to EMPLOYER'S health care plan on EMPLOYEE'S behalf
to subsidize the cost of EMPLOYEE'S health insurance premiums for
up to six months.
d. The amounts payable under paragraphs a and b, above, shall be paid in
a lump sum, less applicable state and federal withholding taxes as
required by law. Payment shall be made by direct deposit to
EMPLOYEE'S bank account currently on record with EMPLOYER
within 5 business days after the Resignation Date or within 5 business
days after expiration of the revocation period outlined in Section 8,
below, whichever is later.
e. If EMPLOYEE is deemed eligible for coverage by EMPLOYER' S life
insurance carrier, EMPLOYEE will remain on EMPLOYER'S life
insurance plan at EMPLOYER'S expense at one times EMPLOYEE' S
annual base salary as of the Resignation Date for 12 months after the
Resignation Date.
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f. EMPLOYER does not make any representations as to the taxability of
any item paid pursuant to paragraphs a, b, c and e, above, and
EMPLOYEE agrees that he shall have sole responsibility and be liable
for any federal or state taxes which may be required by virtue of his
receipt of funds or benefits pursuant to this Agreement and agrees to
indemnify and hold harmless EMPLOYER against any and all
liabilities including but not limited to taxes due, penalties assessed for
unpaid taxes or any costs or fees incurred by EMPLOYER should the
taxability of any part of the payments or benefits be challenged by any
taxing authority.
3. Release and Covenant Not To Sue. EMPLOYEE agrees that he
will not initiate or cause to be initiated against the TOWN OF MARANA or any of
its current, past, or future agents, attorneys, insurers, council members, elected
officials, employees, subsidiaries, affiliated entities, or any person or entity acting by,
through, under or in concert with it, in both their personal and official capacities,
(collectively referred to as "Released Parties") any lawsuit, compliance review,
action, grievance proceeding or appeal, investigation or proceeding of any kind
(collectively referred to as "claims"), or participate in same, individually or as a
representative or a member of a class, under any contract (express or implied), law or
regulation (federal state or local), including but not limited to claims pertaining to or
in any way related to his employment or termination of his employment with
EMPLOYER. EMPLOYEE agrees that pursuant to this Agreement, he releases and
forever discharges EMPLOYER and the other Released Parties from any and all
claims, demands, damages, causes of action, and any liability whatsoever, including
but not limited to claims on account of or in any manner arising out of EMPLOYEE's
employment or termination of employment with EMPLOYER. By way of example
only, and without limiting this release, EMPLOYEE releases EMPLOYER and the
other Released Parties from any cause of action, right, claim or liability under Title
VII of the 1964 Civil Rights Act, as amended, the Family and Medical Leave Act, the
United States Constitution or Arizona Constitution, the Arizona Wage Statute, the
Arizona Civil Rights Act, the Arizona Employment Protection Act, the Americans
with Disabilities Act, and any other equal employment opportunity law or statute, any
due process or other constitutional theory, any Arizona statute, any federal statute,
any common law claim including wrongful discharge, implied or express contract,
the covenant of good faith and fair dealing, or any other claim in tort or contract
arising under any theory of the law.
EMPLOYEE understands and acknowledges that this release forever
bars him from suing or otherwise asserting a claim against EMPLOYER or the
other Released Parties on the basis of any event occurring on or before the
effective date of this Agreement, whether the facts are now known or unknown,
and whether the legal theory upon which such claim might be based is now
known or unknown.
4. Provision for Unknown Claims. EMPLOYEE warrants that he
does not have any claim, charge, or complaint, either formal or informal, pending
against EMPLOYER or any of the other Released Parties with any court, tribunal,
2 {oooisiss.DOC i}
administrative agency, governmental agency, or other such body. EMPLOYEE
further waives any right to monetary recovery should any administrative or
governmental agency pursue any claim on his behalf.
5. Bar. EMPLOYEE agrees that this Agreement maybe pleaded as a
complete bar to any action or suit with respect to any claim under federal, state or
other law including, but not limited to, any claim relating to his employment or
termination of employment from EMPLOYER.
6. Indemnification. EMPLOYEE agrees to indemnify and hold
harmless EMPLOYER and the other Released Parties from and against any and all
loss, costs, damages or expenses, including without limitation, attorneys' fees, arising
out of a breach of this Agreement or the fact that any representation made herein was
false when made.
7. Denial of Liability. No provision of this Agreement shall be
construed as an admission by EMPLOYEE or EMPLOYER of improper conduct,
omissions or liability.
8. Notice. of Time for Reflection. EMPLOYEE is advised as
follows pursuant to the Older Workers' Benefit Protection Act, because he is over 40
years of age and in this Agreement he waives claims for age discrimination:
a. This Agreement constitutes written notice from EMPLOYER that
EMPLOYEE should consult with an attorney before. signing this
Agreement, and he acknowledges that he has fully discussed all
aspects of this Agreement with his attorney to the extent he desires to
do so.
b. EMPLOYEE has carefully read and fully understands all of the
provisions of this Agreement and he is voluntarily entering into this
Agreement.
c. As part of this Agreement, EMPLOYEE has been provided with
consideration in addition to anything of value to which he is already
entitled.
d. Because he is over 40 years of age, prior to waiving claims for age
discrimination that EMPLOYEE may have under the Age
Discrimination in Employment Act, he may take up to forty-five (45)
calendar days to consider this Agreement before signing it.
e. In the event EMPLOYEE chooses to sign this Agreement prior to the
expiration of 45 calendar days, EMPLOYEE acknowledges that he
voluntarily and knowingly agrees to waive his entitlement to take 45
days to consider this Agreement for the purpose of expediting the
payment outlined in Section 2, above.
3 {oooisiss.DOC i}
f. EMPLOYEE may revoke this Agreement within seven (7) calendar
days after he signs this Agreement. If EMPLOYEE wishes to revoke
this Agreement, he or his counsel will notify EMPLOYER in writing,
addressed to Suzanne Machain, Human Resources Director, at the
Town of Marana Municipal Complex at 11555 W. Civic Center Dr.,
Bldg. A3, Marana, AZ 85653, delivered on or before the expiration of
the revocation period.
g. If EMPLOYEE does not revoke this Agreement before the expiration
of the seven-day revocation period, the Agreement will become
irrevocably effective and enforceable on the eighth (8th) calendar day
after EMPLOYEE signs it.
h. EMPLOYEE is aware he is not waiving any rights or claims that may
arise after the date this Agreement is executed.
i. EMPLOYER'S exit incentive program applies to all of
EMPLOYER'S classified and unclassified employees who are
retirement-eligible and/or benefit-eligible.
j. The eligibility factors for EMPLOYER'S exit incentive program are:
eligible employees must be benefit-eligible, defined as regular full-
and part-time classified and unclassified employees, with part-time
employees working a normal schedule of at least 20 hours but less
than 40 hours per week, and/or retirement-eligible, defined as
employees who have accumulated the necessary credited service in a
public entity retirement system or in the military service and/or
attained the necessary age to qualify for ASRS or PSPRS retirement.
k. The time limits for this exit incentive program are that employees
must notify EMPLOYER of their decision to elect retirement or
resignation under the program by May 19, 2009, and employees must
separate employment no later than August 31, 2009; additionally,
eligible employees who are over the age of 40 will have forty-five (45)
days from the date they receive this Agreement to consider whether to
sign it.
1. The attached charts provide the job titles and ages of all individuals
eligible for the exit incentive program (Exhibit A) and the job titles
and ages of all individuals who have elected to participate in the exit
incentive program (Exhibit B).
EMPLOYEE understands that he is waiving all rights and claims he has or
may have under the Age Discrimination in Employment Act, 29 U.S.C. Section 626,
et seq., and any other federal, state, or municipal law or regulation relating to age
discrimination.
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9. Return of Property. EMPLOYEE shall return all property of
EMPLOYER in his possession, including, but not limited to, any keys for
EMPLOYER's facilities as of the Resignation Date.
10. Complete Agreement. This Agreement sets forth the entire
Agreement between the parties.
11. Choice of Law. This Agreement shall be construed, enforced, and
governed by the laws of the State of Arizona.
12. Severability. Should any provision of this Agreement be declared
or determined by any court to be illegal or invalid, the validity of the remaining parts,
terms or provisions shall not be affected thereby and said illegal or invalid part, term
or provision shall be deemed not to be a part of this Agreement.
13. Effective Date. This Agreement is effective upon expiration of
the seven-day revocation period outlined in Section 8, above.
***WARNING DO NOT SIGN THIS AGREEMENT UNLESS YOU
UNDERSTAND IT! THIS AGREEMENT INCLUDES
A WAIVER OF YOUR RIGHTS!**
TOWN OF MARANA
EMPLOYEE
By: By: ~
Gi rt idson Charles B. DeSpa~
Town Manager
Date: ~D ~ a y ~b 9'
Date: ~~~~~
AS TO FORM:
airall
y Town Attorney
5 {oooisiss.DOC i}
Exhibit A
]ob TiNe es~
Accounting Clerk II 44
Accounting Supervisor 42
Accounts Payable Clerk 48
Administrative Manager 63
46
Administrabve Sec./Sec. 53
36
33
Agenda & Records Clerk 33
Airport DireQor 38
Assistant Police Chief 57
Assistant PW Director 35
Assistant to Town Manager 25
Assistant Tavn Attorney 27
Assistant Town Manager 50
Ass[ Utilities Director 46
Asst. Planning Director 37
Asst. to Chief of Police SS
BIdg.InspectarI 43
Bldg. Inspector II 59
54
Building Official 56
CIP Project Manager 6S
Civil Engineer 39
32
Cade Enforcement Officer 57
30
Community Development Dr 44
Community Relatims/PIO 44 -
Communily Response Mgr. 56
Computer Technician 61
ConstruRion Division Mgr 48
Construction InspeRor 46
30
Construction Manager 50
46
Contract Admirrs[rator 61
Contracts Anayst 60
Council Liaison 27
Court Administ2tor 56
court aerk 54
41
38
35
Court Collections Spec 38
Court Probation Monitor 32
Court Room Specialist 39
Court Security Guard 65
62
Court Supervisor 55
Crime Analyst 53
Crime Preventim Specialist 43
Crime Scene Specialist 57
50
Crime Scene/Prop&Evid. Sp 54
Curation Speciali3 76
Customer Service Clerk 49
Customer Service Specialist 65
64
60
52
46
40
37
25
Database Anayst 35
Deputy Town Attorney 39
Deputy Town Clerk 26
Detective Step 6 39
37
Detective Step 7 37
Detective Step 8 42
Development Coordinator 61
32
Dispatcher 58
52
50
49
44
43
37
35 i
34 ',
28 ~'
24 ',
24 ,
23
Document Imaging Clerk 59
Electric Pump & Well Tech 50
Employee Relations Admire 58
Engineering Aide 42 '~,
31 '
Engineering Assistant 26 III
Engineering Division Mgr 64
37
31
Engineering Technician 65
53
50
39
Environmental Project Coo 55
31
Sob Title esa
ExecutNe Assstarn 53
51
39
35
29
26
24
Fac. Maint. Supervisor 55
Finance Director 36
Fleet Mgt Supervisor 28
Fleet Tech I 32
Fleet Tech II 32
29
Foreman 59
51
36
31
G.I.S. Analyst 26
General Manager Dev. Serv 48
General Mgr. Public Servs 62
Grants & Housing Coord 32
H.R. Director 52
Housing Rehab Specialist 41
HR Analyst 42
Human Resairces Coord 25
HVAC Technidan 54
Inmate Serv. Coordinator 52
40 !I
Intrgovmmntl Affairs Adm 40
laborer 64
45
42
42
39
35
32
32
27
26
26
24
23
21
Legal Assis[arn 58
Mail Carrier/Courier 59
Maintenance Coordinator 42
31
Maintenance Worker 56
54
53
45
42
41
37
34
27
21
Management Fellow 29
Network Technician 37
OffKe Support Assstant 25
24
21
Ops & Maint DireRw 59
Park Maintenance Worker 58
Parks Supervisor 35
Parks/Rec. Director 53
Payroll Administrator 44
Permit aerk 63
42
37
Permit Ctr & Records Mgr. 30
Planner I S2
49
38
28
Planner II 52
41
Planning Technician 46
Plans Examine• 38
32
Plans ReviewTechnkian 39
38
Police Chief 63
Police Commander 51
Police Lieutenarn 59
52
42
39
Police Officer Recrut 41
28
24
23
Police Officer Step 1 42
39
31
27
26
24
23
Sob TiNe ana
Police Officer Step 2 34
32
30
28
26
Police Officer Step 3 26
26
26
S6
Police Officer Step 4 53
39
38
32
28
27
27
26
26
Police Officer Step 5 55
39
38 i
34 I
31 ii
29
Police Officer S[ep 6 41
38
Police Officer Step 7 40
37
35
33
30
30
30
Police Officer Step 8 59
56
47
44
43
42
42
40
39
39
39
38
38
36
34
53
Police Records Clerk 63
51
50
46
35
35
26
Police Records Supervisor 63
Police Telewmm. Mgr. 45
Project ContrdSpeciali2 45
Project Coordinator 56
Public Safety Tech. Spect 24
Real Property Acq Agent 58
Rec Center Attendarn 64
Recreation Aide 43
Recreabon Assistant 60
48
43
38
30
29
27
23
22
22
21
21
21
20
20
20
19
Recreation Coordinator 60
52
45
44
31
Recreation Leader 51
38
Recreation Programmer 54
51
41
39
29
27
24
3eprodudion/Supply Clerk 65
Right of Way Inspector 65
Senior Administrative Ast 55
SeniorAdmirtistrativeMgr 58
Senior Assistant Town Atr 4S
Senior HR Analyst 30
Job Title Age
Sergeant Step 1 54
39
36
Sergeant Step 3 34
Sergeant Step 4 55
S1
40
40
37
Signal Technician III SS
48
Signs and Markings Tech 39
31
Small Engine Mechanic 31
Special Events Coord 27
Sr Maint. Worker 54
42
37
Sr Permit aerk 53
Sr. Plans Examiner 49
Superintendent 52
44
40
37
Technology Supervisor 57
54
31
Technology Svcs Director 53
Town Attorney 50
Town aerk 59
Town Engineer 38
Town Magistrate 64
Town Manager 34
Traffic Division Manager 55
Traffic Engineer 36
Utilities Director 69
Utilities Open. Mgr. 60
UtilkiesTech.Analys[ 27
Utilities Technology Coor 25
Utility Billing Specialist 52
46
Water Line Cws Ind/Plan 47
Water Line Const Inspt 36
Water Operator I 56
43
23
22
Exhibit B
SIP's Submitted
Job Class A~_e_,
Cultural Resources Manager 54
Customer Service Clerk 49
Environmental Projects Coordinator 31
Executive Assistant 64
Facilities Maintenance Supervisor 55
Police Commander 51
Recreation Assistant 23
Recreation Leader 51
Senior Human Resources Analyst 30
Utilities Director 69