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CONSULT WITH AN ATTORNEY PRIOR TO SIGNING THIS AGREEMENT

AND GENERAL RELEASE. BY SIGNING TIDS 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 of employment 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 5 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 of 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 of 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 of 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 of this Agreement will become part of 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 of employment. The existence of 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 of this Agreement, which arise out of 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 of
contract (whether express or implied); breach of any covenant of good faith and fair dealing;
wrongful termination; emotional distress; failure to pay wages, commissions, benefits, vacation
pay, or other compensation of any sort; discrimination on any basis, including but not limited to,
race, color, national origin, religion, age, sex, handicap or marital status; violation of 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 of this
agreement.

I. MUTUAL NON-DISPARAGEMENT CLAUSE: Neither the City nor any of 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 of its City
Councilmembers or otherwise take any action which could reasonably be expected to adversely
affect the personal or professional reputation of the City or any of 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 of 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 of 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 of 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
of 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 of this
Agreement for the revocation to be effective.
L. By entering into this Agreement, neither Employee nor the City, on behalf of 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 of 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 of this agreement; and that they enter this agreement voluntarily and with full
knowledge of the facts for the purpose of making full, final and complete settlement.
N. Nothing in this Agreement shall act as a waiver of Employee's rights under the Oregon Tort
Claims Act as provided by ORS 30.285 and 30.287.

Date:

Date:

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Signed: '-......
Eric P. Swanson

Signed: ---~;c...;_-----~~~~--=---=::z.._
~N -BTH W.
ke, City Manager Pro-Tem
City
edford