SEPARATION AND RELEASE AGREEMENT This Separation and Release Agreement (hereinafter "Agreement"), is made and entered into by and between Mark Hiatt (hereinafter "Employee") on behalf of himself, his representatives, administrators and executors, and the Washington County Sheriff's Office ("Employer") on behalf of its employees, representatives, successors, insurers and assigns, and the Fraternal Order of Police, Ohio Labor Council ("Union") on behalf of its employees, representatives, subsidiaries, successors, insurers and assigns, who mutually agree to be bound by all the terms and conditions stated herein. WHEREAS, the parties are desirous of settling this matter outside of arbitration proceedings and without litigation; and, THEREFORE, In consideration of the mutual promises and agreements set forth herein the parties agree as follows that: I) Employee agrees to submit a non-revocable letter of voluntary resignation to Employer, effective August 10, 2009. Employer agrees to accept Employee's letter of resignation immediately upon receipt. The parties agree that such resignation letter shall be neutral and non-disparaging in nature. Employer agrees to provide Employee with a neutral letter of reference. Employer agrees to issue payment to Employee for his accrued, but unused compensatory time, vacation leave, and banked holidays, if any. Employer also agrees to issue payment to Employee for the detective uniform allowance and longevity pay in a prorated amount. The payments described in paragraph three (3) shall be made in accordance with the normal payroll practices of Employer including, but not limited to, being subject to Ohio, Federal and local taxes as well as any additional deductions required by law. Employer agrees to remove any underlying investigatory documents from Employee's personnel file and place those documents in a separate file. This Agreement will also be maintained in the separate file. The parties acknowledge and agree that the Employer has an obligation to comply with the requirements ofR.C. §149.43 as it relates to public records. The parties to this Agreement agree to not issue comments to the press about the terms of this Agreement, or on the issues underlying this agreement, except to say that that the investigatory matter has been settled by agreement of the parties.
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The Union and the Employee agree that no grievance will be filed and that no arbitration procedure will be undertaken with respect to any issues arising out of Employee's employment, or separation from employment, with the Sheriff's Office. Employee, for himself, his heirs, executors, administrators, successors and assigns, agrees to release and forever discharge the Employer, its agents, servants, representatives and employees from, and waives his right to bring against them now or in the future, any and all claims, damages, demands, liabilities, equities and causes of action both known and unknown, legal and equitable, accruing or accrued to the Employee prior to the execution of the Agreement and arising out of his employment with and subsequent separation from Employer. This waiver and release encompasses all claims that may be brought pursuant to Federal or State statute or common law, including, but not limited to, laws concerning civil rights, discrimination, violations of Title vn of the Civil Rights Act, the Americans with Disabilities Act, the Family Medical Leave Act, violations of Ohio Rev. Code Chapter. 4112 and 4113, USC 1983, Workers Compensation Retaliation, violation of Ohio Public Policy, and to any claims that may be asserted against Employer, its agents, servants, representatives and employees in either their official or individual capacities. Employee affirms that he is entering into this Agreement voluntarily in order to receive the payment described herein. Employee understands that Employer will not make these payments without his voluntary consent to this Agreement. In making his decision, Employee understands that he has the right to seek counsel from others, including an attorney of his choosing. Employee further affirms that he has twenty-one (21) calendar days to consider this Agreement. If Employee elects to execute this Agreement prior to the expiration of the 21 calendar days, Employee warrants that he has done so knowingly and voluntarily. Employee has seven (7) days following the execution of this Agreement to revoke this Agreement. Any revocation must be made in writing to the Sheriff or his designee. This Agreement shall not become effective or enforceable until executed by all parties, the seven (7) day revocation period has expired without revocation by Employee. The effective date of this Agreement shall be the date on which the last of the above events occur. The payments set forth above shall not be made unless and until this Agreement becomes effective.
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The parties agree and acknowledge that this Agreement contains and comprises the entire agreement and understanding between the parties, that no other representation, promise, covenant or agreement of any kind
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whatsoever has been made to cause any party to execute this agreement, and that all agreements and understanding between the parties are embodied and expressed herein. The parties also agree that the terms of this Agreement shall not be amended or changed except in writing and signed by all parties or a duly authorized agent. The parties agree and acknowledge that this Agreement shall not be precedent setting for the Employer or the Union in any future matter.
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IN WITNESS THEREOF, the parties hereto have caused this Agreement to be duly executed.
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Hiatt Separation Agreement