0. i Seitlement Agrsement Police Chief Lamy Roe, Employee Mayor Groe Kempton. Village of Waverly / Employer Background The Village of Wavery andthe Employee have agreed to resolve any current personnel sates subjet woth following ters. ‘Terms and Consideration ‘Volustary Demetion and Planned Resignation ay 1. The Employee wil immediately submit an inevocable leter requesting a voluntary demotion tothe poston of Patol Officer effective upon execution ofthe agroement. The Employee willbe compensated at arate of $25.31 pet howe 2. Afler appointment 10 the poston of Parol Officer, the Fmployee will immediately submit an revocable leer of resigoaton fom sid postion effective une 1, 2019, 53, Notwithstanding (A)(2), ifthe Employee obtains employment wih another Ohio public employer before June 1, 2019, the day before his start date with such employer shall be deemod he eesgnation date wilh the Village of Waverly” The Employee shall notify the Employer immeatly upon obtaining employment with another Ohio pubic employer. 4, On oF before June 1, 2019, ata date ant time that is convenient to oth patties, Employee willbe permite to revive his personal belongings fram fis office under the supervision of my destgoee ofthe Employer. Use of Acurued Leave 1. The panies agre tothe following: (© Employee's curent personal eave balance 48 hours (ji) Employee's curent vacation leave balance it: 328 hous (GiyEzmpoyee'scurent sik leave balance i: 1,178.25 hous Page tof euncoisamnome 0c(Gs) Employoe will continue to accrue portonal, vacation, and sick leave in aecordanee with established policies und procedures. 2, Effective upon execution stil he date of Employee's resignation indicated in (AQ) above, the Employee shall uliize aesued leave b the amount necessary to be in active pay satus for foty (40) hours par wosk. This couates to cight (8) hours per day based on a Monday trough Friday shee 2. The Employes sal! uilize accrued leave, until extaustion, inthe following zd: (1) personal leave; (2) vacation leave; and (3) sick leave 3. Any acerucd but unused leave to the Employee's rei as of the date of Employees resignation indicated in (A)(2) above stall be freted and not eligible for payout upon separation from service withthe Explor. ©The Employer will forgo any discipline against the Employee on raters that led to thie Agrecment. Should the Employee breach tis Agrosmen, the discipline ‘willbe parsuod by the Vilage of Waverly 1D, This Agreement shall remain confidential by the Employee, excep for disclosure to egal counsel, tox advisers, spouse, or by cout order. The Employer wil pee this Agreement and any “public records” elated to this Agreemert ina separate fle (besides his personnel ile) o be retained in acordaace with the Employer's record retention seedule, These records shal remain confidential, excep 9th extent roqired bylaw or iF needed to enforee or prove the exitonce of said ‘Agreement ‘oth patos agree to mutual non-ispragement. For the purposes ofthis cause, “disparage” sll mean any negative statement, whether writen or ral, ebout the Employer, Mayor, or any employee to any otber person or any citrent or prospective employee. Nothing herein shall prevent ier party fem making any truthful statement in conection with any legal proceeding or investigation by any governmental author F. The Employee waives any at all rights to appeal the demotioe or seperation resting ffom this Agreement that shall include, wihont liniaton to the Village Council, o any board, comission, agency, or eourt having jursdtion over this ster. G. The Employee seeases the Employer, Council Members, any other Village Offs, the Village's assigns, is consultants, its attormeys, is acvsor, abd all tater employees, both past and preset, collectively o¢ individually, tht shall include without liitation, from any and al clains, demands, causes of actions, losses and expeases of every natwe Whatsoever, nowa ar usknow, arising up age2ote (wee savanna aonand including the date on which Employee executes this Agreement including but ‘otlimited to any clsins arising ut of orn conection wth his employment with the Employer. These clans inchue, bu are nt limited to, breach of express ot implied contract, intzational or aeligent infliction of emekional harm, libel, slater, claims under the Family Medical Leave Act (PMLA) as amended, the ‘Ancerisan with Disabilities Act (ADA), a8 amended, Ts VIL ofthe Civil Rights ‘Ach. the Age Discrimination in Employment Act (ADEA), the Genetic Infrmation ‘Nondiscrimination Act (GINA), and Older Woke’ Benefit Pratetion Act, claims under RC. 4112 claims under Vilage ordinances, nd any ‘thx federal, sats, o local employment laws, statutes, pubic policies, orders, ot ‘regalations This release shall not apply to breach of his Agreement ‘Puthermore, ating inthis Agreement is intended t,o sal, interfere with the “Eployee’s rights under federal, sate o local civil siyhs or discrimination laws to file or otherwise istiute a charge of dscriminaton, to participate in 2 proceeding with any spproprinte federal, state, or losal government agency enforcing, discrimination vs, of 10 cooperte wih sich agency in ls investigation, none of which shall constitea beach ofthe non- disparagement oF confidentiality clauses ofthis Agreement. The Employee stall not, however, be tnttled to any relict, recovery oF monies in connecten with any such action ‘brought against any ofthe Released Parties, epadlet of who fled or intited any ach complain, charge, o proceeding, H. The Parties agree that this document shall not consiute or be used as an admission of any wrongdoing onthe pat of citer party. |. Consistent with the Oller Workers’ Rene Protection Act and the Age Discrimination ia Employment Act, 29 U.S.C. §§ 621-634 (1) The Employee uekrowledges he had (21) days to conidr said Agreement (2) The Employee hus seven (7) days fom execution ofthis Agreement to evoke scoeptane ofthis Agreement, and should be do so, it shall be by providing sich evocation in writing tothe perso of Greg Kempton, Mayer. Should the ployee revoke accepaves, both pats retro thei eiginal legal slats. No changes in employment status shall be made pusuant to this Agreement by the Timployer until eight (8) days following the execution of the ‘Agreement. (6) This Agrocment does nat contains release for any claims thatthe Employee might have agains te Village of Waverly that ariseafer the date of signing this Agreement. (4) The Employze acknowledges that e entered into ths Agreement knowingly and voluntarily and has rea the Agreement in is ene tee soononenser000) ager