Simsbury Robin Newton Settlement Agreement Town of Simsbury

SETTLEMENT AGREEMENT AND GENERAL RELEASE

WHEREAS, Robin Newton was employed with the Town of Simsbury,

Connecticut;

WHEREAS, Ms. Newton's employment with Simsbury ended in the fall of 2019;

WHEREAS, Ms. Newton and her union filed a grievance challenging the termination of Ms. Newton's employment;

WHEREAS, the parties wish to resolve all issues related to Ms. Newton's employment with the Town of Simsbury;

NOW, THEREFORE, for the mutual consideration set forth herein and intending to be legally bound, the Parties hereto do agree as follows:

Parties

This Settlement Agreement and General Release (hereinafter "Agreement and General Release") is made and entered into between the Town of Simsbury, Robin Newton, and the Simsbury Administrative & Professional Employees Association, CSEA, Service Employees International Union, Local 2001 (herein, the Union).

2. Non-Admission

Neither the negotiation, undertaking, agreement nor execution of this Settlement Agreement and General Release shall constitute or operate as an acknowledgement or admission of any wrongdoing or violation of any law, regulation or statute by the parties.

3. Consideration

In consideration of Ms. Newton signing this Settlement Agreement and General Release:

• Simsbury shall pay Ms. Newton, Eight Thousand Dollars ($8,000), less required withholdings, within 20 business days of this Agreement being fully executed (herein, Settlement Proceeds).
• Simsbury shall accept a letter of resignation from Ms. Newton and substitute it for her termination letters, dated October 23, 2019 and November 2, 2019, and shall withdraw from on-line the October 31, 2019 Memo regarding Ms. Newton's August 27, 2019 letter to the Board of Selectman. To the extent that any copy of a termination letter or the October 31, 2019 is retained by the Town it shall indicate that it has been rescinded.

Ms. Newton agrees that she is not entitled to the consideration described in this Agreement without entering into this Settlement Agreement and General Release.

4. Retraction

Ms. Newton shall issue a written retraction of the letter she wrote to the Board of Selectman and others, dated August 27, 2019.

5. General Release By Newton

In consideration of the Settlement Proceeds and other consideration provided in this Agreement, which is in addition to anything Ms. Newton is otherwise entitled, Ms. Newton promises not to sue (to the extent permitted by law) the Town of Simsbury, its elected officials, appointed officials, employees, insurers, agents, and/or attorneys in both individual and/or representative capacities (hereinafter collectively referred to as "Releasees") for any matters arising from the beginning of time to the effective date of this Settlement Agreement and General Release. Ms. Newton also releases and discharges the Releasees from, and holds them harmless against, any and all claims, obligations or liabilities, she has or may have by reason of any matter, cause or thing whatsoever, whether known or unknown, including but not limited to, those claims arising from or out of her employment with the Town of Simsbury and/or the termination of such employment, including without limitation: Title Vll of the Civil Rights Act of 1964, as amended, 42 U.S.C. SS 2000e et seq.; Connecticut's Fair Employment Practices Act; the Equal Pay Act, 29 U.S.C. S 206(d)•, the Civil Rights Act of 1866, 42 U.S.C. SS 1981, 1983, 1985 and 1988; the Americans with Disabilities Act, 42 U.S.C.SS 12101 et seq.; claims pursuant to the state and/or federal constitutions; the Rehabilitation Act of 1973; the Age Discrimination in Employment Act of 1974, 29 U.S.C. SS 621 et seq., as amended (including the Older Workers' Benefit Protection Act, 29 U.S.C. S 626); the Employee Retirement Income Security Act of 1974, 29 U.S.C. SSI 001-1461; the Labor Management Relations Act; the Fair Labor Standards Act, 29 U.S.C. SS 201-219; state or federal Consolidated Omnibus Budget Reconciliation Act; Employee Retirement Income Security Act; the Connecticut Municipal Employee Relations Act (MERA); Connecticut's Wage and Hour Laws; the Connecticut's Worker's Compensation Act (with the exception of any pending claim for workers' compensation benefits); the Federal Family and Medical Leave Act of 1993, 29 U.S.C. SS 2601 et seq.; the Connecticut Sick Leave Act; the Genetic Information Nondiscrimination Act of 2008; the Consolidated Omnibus Budget Reconciliation Act; any federal, state or municipal law; and any and all other legal or equitable claims, whether in a contract, express or implied, or in tort, including but not limited to tortious interference with business relations, breach of the covenant of good faith and fair dealing, breach of contract (including breach of collective bargaining agreement), promissory estoppel, detrimental reliance, misrepresentation, tortious or wrongful or retaliatory discharge from employment, breach of public policy, any federal and/or state whistleblower law, any federal and/or state occupational health and safety law, fraud, misrepresentation, defamation, self-defamation, tortious interference with contractual relations, intentional or negligent infliction of emotional or mental distress, negligent supervision or hiring, or for attorneys' fees and costs.

However, this Release does not include: (a) any claim for employee fringe benefits to which Ms. Newton is entitled (Ms. Newton acknowledges that she is not presently aware of any breach by the Town of Simsbury of any obligation to provide such benefits); (b) any claim by Ms. Newton for unemployment compensation benefits; (c) any rights or claims arising out of this Settlement Agreement and General Release; (d) any rights or claims that may arise after the date this Settlement Agreement and General Release is signed; or (e) any rights which Ms. Newton cannot legally waive.

6. General Release By Simsbury

In consideration of Ms. Newton signing this Agreement, Simsbury promises not to sue Ms. Newton, her heirs, insurers, and/or attorneys, in both individual and/or representative capacities (hereinafter collectively referred to as "Releasees") for any matters arising from the beginning of time to the effective date of this Settlement Agreement and General Release. Simsbury also releases and discharges the Releasees from, and holds them harmless against, any and all claims, obligations or liabilities, it has or may have by reason of any matter, cause or thing whatsoever, whether known or unknown, including but not limited to, those claims arising from or out of Ms. Newton's employment with the Town of Simsbury and/or the termination of such employment.

However, this Release does not include: (a) any rights or claims arising out of this Settlement Agreement and General Release; (b) any rights or claims that may arise after the date this Settlement Agreement and General Release is signed; or (c) any rights which Simsbury cannot legally waive.

7. Waiver and Withdrawal

Ms. Newton and/or the Union shall withdraw all pending claims/grievances/demands for arbitration/prohibited practice charges against Simsbury in any forum. Except as provided herein, Ms. Newton waives any right to file or participate in any charge or complaint against any of the Released Parties, or accept any recovery from any charge or complaint against any of the Released Parties. This waiver applies to actions before any court, arbitrator, or administrative agency, except that this waiver shall not apply to Ms. Newton's rights to file any charge or complaint with, or assist in any investigation or proceeding conducted by or through, the Equal Employment Opportunity Commission or any other governmental entity or agency, where a waiver of such rights is prohibited by law. However, by executing this Agreement, Ms. Newton waives the right to recover any damages or other relief in any claim or suit brought by or through any such governmental agency or entity. Also, nothing in this Agreement shall affect any right Ms. Newton may have to file a claim based upon actions taken by the Town of Simsbury or any Released Party that is excluded from the Release by virtue of subparagraph 5(d) of this Agreement.

8. Indemnity and Hold Harmless

The parties covenant not to file or pursue any lawsuits concerning the matters released above. If either party attempts to bring or pursue such a lawsuit, they shall indemnify and hold harmless the other party, their affiliates, executors, administrators, successors, assigns, employees, elected officials, attorneys and agents from all costs, attorney's fees and liability occasioned by any such lawsuit/action.

9. Right to Revoke, Consideration Period, Consult an Attorney

Ms. Newton has twenty-one (21) days to consider whether to sign this Settlement Agreement and Release. However, Ms. Newton may choose to sign and deliver this Settlement Agreement and Release at any time before the consideration period expires. Ms. Newton may revoke this Settlement Agreement and Release at any time during the period of seven (7) days after the date she signs it, by delivering a written revocation to the Town Manager. The revocation must include the statement: "l revoke my acceptance of the Settlement Agreement and Genera/ Release, " or a similar statement. A written revocation will be considered effective if it is delivered, either by hand before the end of the seven-day revocation period, or by mail with a postmark dated before the end of the seven-day revocation period.

Furthermore, the Town of Simsbury has specifically advises Ms. Newton to consult with an attorney prior to signing this Settlement Agreement and Release, which she has.

10. Governing Law and Venue

Except as referenced herein, this Agreement and disputes arising therefrom shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any choice or conflict of law, provision or rule. Any action concerning this Agreement shall be brought in state or federal court in Connecticut.

1 1 . Severability and Entire Agreement

The provisions of this Agreement are severable. The parties agree that this Agreement constitutes the full and complete understanding between them and may not be modified or amended, except in writing, signed by all parties. In the event that any provision of this Agreement is held to be void or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable part had been deleted. Each party agrees to execute such amendments as may be necessary to accomplish the intent of this paragraph, which is to maintain in force all terms of this Agreement to the full extent permitted by law.

This Agreement shall not be modified or amended except by an instrument in writing under seal signed by all the parties hereto.

12. Voluntary Agreement

This Agreement embodies the arm's-length negotiation and mutual agreement between the Town of Simsbury and Ms. Newton and shall not be construed against either party as having been drafted by such party.

Ms. Newton represents that she has read and understands this Agreement, and voluntarily agrees to its terms.

13. Effective Date This Agreement shall be effective upon signatures of all parties or upon expiration of the revocation period, whichever is later.

14. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.

Its

Its

Counsel

Date: 2020

Date: July 6 2020

Town of Simsbury CSEA, LOCAL 2001

Robin Newton

Date: , 2020