Swanson Termination Agreement

8/20/2019 Swanson Termination Agreement

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CONSULT

WITH

AN ATTORNEY

PRIOR

TO SIGNING THIS AGREEMENT

AND GENERAL RELEASE. BY SIGNING

TI S

AGREEMENT AND GENERAL

RELEASE YOU GIVE UP AND WAIVE IMPORTANT LEGAL RIGHTS.

CONFIDENTIAL EMPLOYMENT TERMINATION AGREEMENT

AND RELEASE

The parties to this Agreement are the City of Medford (City) and Eric Swanson (Employee).

I

Employee has been employed

by

the City of Medford since June

18

2012, in the position of

City Manager.

2. The City Council relieved the Employee of his responsibilities effective June 4 2015.

3. Employee and City desire and consider it appropriate to settle and compromise any and all

claims past, present and future, either has or might have asserted against the other arising from

Employee's employment

or

separation from employment from City

or

from any other event

occurring prior to

or

after the execution of this agreement.

AGREEMENT

A. Employee agrees that his last day ofemployment with the City is June 4, 2015.

B.

Employee acknowledges he has received his lawful due and payable wages and benefits

through June 4 2015, including accrued but unused vacation leave and holiday leave under the

rules of the City of Medford, as well as five months' severance pay pursuant to the language of

Employee's employment agreement. ·

C. The parties further agree that the City will pay 12,084 (less any required withholding) as

severance and in exchange for the mutual settlement and release of all claims, provided that this

agreement is executed prior to p.m. on July

17

2015. It is understood that whether this

payment is subject income will be determined

by

Oregon PERS.

D. The parties further agree that the Mayor shall write a letter of recommendation for Employee

that recognizes his three years

of

service to the City of Medford and the things that were

accomplished during that time. The Mayor shall read the letter into the record at a Council

meeting after the release agreement is signed by both parties.

E.

Neither this agreement nor anything in this agreement shall operate or be interpreted as an

admission

by

Employee that he engaged improper conduct or as an admission by City that its

action was improper as to any of the claims, actions, charges and lawsuits released hereby.

Employee and City, and each

of

its individual employees, administrators, agents, insurers,

assigns, trustees, successors and related organizations, individually and collectively, expressly

deny any such liability.



F. To the extent allowed by law, the parties intend to keep the terms o this Agreement

confidential. Employee shall comply with this confidentially provision during the 21-day period

provided

in

section J and the 7-day period provided

in

section K, except any disclosure made by

Employee to members

o

his immediate family or to his legal representative. City specifically

agrees not to release any information pertaining to this agreement to the public unless ordered to

do

so by any order

o

the District Attorney under ORS 192.450, 192,460, and 192.470 or a court

order under ORS 192.480 and 192.490. A copy o this Agreement will become part

o

a sealed

confidential file within Employee s personnel file.

G. In the event any third party wants access to Employee s personnel files or requests information

regarding Employee s termination, only the City s Human Resources Department may release his

hiring date, positions held, and duration o employment. The existence o this settlement

agreement shall not be revealed to any third party without written consent by Employee, unless

otherwise required by law.

H.

MUTUAL RELEASE: The parties agree to mutually forever release and discharge each

other, specifically the Employee, the City, its boards, commissions, officers, whether elected or

appointed, and all other City employees, agents, insurers, and representative from any and all

claims, known and unknown, past and present, and those which may be asserted after the

execution o this Agreement, which arise out o or in connection with any events occurring

through the time that this Agreement is executed, including but not limited to any and all

liabilities and claims under federal, state or local statues, ordinances or common law, breach o

contract (whether express or implied); breach o any covenant

o

good faith and fair dealing;

wrongful termination; emotional distress; failure to pay wages, commissions, benefits, vacation

pay, or other compensation o any sort; discrimination on any basis, including but not limited to,

race, color, national origin, religion, age, sex, handicap or marital status; violation o any and all

statutes, rules and regulations or ordinances whether federal, including but not limited to Older

Workers Benefits Discrimination Act /Age Discrimination

in

Employment Act, or the federal

state, or local counterparts; and any other contract, tort or public policy claims.

Employee does not waive any OWBDA/ADEA claims that arise after the effective date o this

agreement.

I MUTUAL NON-DISPARAGEMENT CLAUSE: Neither the City nor any

o

its City

Councilmembers shall disparage Employee or Employee s performance or otherwise take any

action which could reasonably be expected to adversely affect Employee s personal or

professional reputation. Likewise, Employee shall not disparage the City or any o its City

Councilmembers or otherwise take any action which could reasonably be expected to adversely

affect the personal or professional reputation

o

he City or any

o

its Councihnembers.

J.

Employee acknowledges that he has had enough time to review his options to signing this

agreement. To the extent the OWBDA/ADEA applies, Employee has been advised that

he

has 21

days from the date

o

receipt to review and consider this Agreement before signing it (said 21-day

period to end on July

17

2015), and that he used as

much o

the period as he wished prior to

signing.

In signing below, Employee acknowledges and agrees that the agreement

has

been

reviewed during the aforementioned period, and this agreement reflects all changes to the

agreement made during that review period at the Employee s request with the approval

o

the

City.



K

Employee has seven days after signing to rescind this agreement (but not later than 5 p.m. on

July 24, 20 15). The severance payment discussed in paragraph C above shall be made by the end

o

the business day on July 24, 2015. Employee understands that any revocation must be

in

writing and received

by

City no later than 5 p.m. on the seventh day following execution

o

this

Agreement for the revocation to be effective.

L

By entering into this Agreement, neither Employee nor the City, on behalf

o

itself and its

board, officers, agents, representatives, insurers and employees admit that it has violated any

Jaw

Each party disclaims any liability to the other whatsoever.

M

Employee has been advised

o

his right to consult with an attorney prior to executing this

agreement. The parties acknowledge that they have had an opportunity to review and receive

advice on the terms

o

this agreement; and that they enter this agreement voluntarily and with

full

knowledge o the facts for the purpose o making full, final and complete settlement.

N. Nothing

in

this Agreement shall act as a waiver o Employee s rights under the Oregon Tort

Claims Act as provided by ORS 30.285 and 30.287.

Date:

7

y

Date:

_1 :1 8 I /

Signed:

~

_

-

Eric

P

Swanson

Signed:

~ ; c . . . ; _ ~ ~ ~ ~ = = : : z . . _

~ BTH

W. ke, City Manager Pro-Tem

City edford

Swanson Termination Agreement

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