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Home My WebLink AboutBrunelle, Kevin Settlement Agreement and General Release -1997 05 14 ,~ 5-?3-1997 2:55PM FROM BROWN AND GREEN PA 407 422 4865 ID TIiB CIRC'DIT COt~btT 08 T~ SI(~HTSSl9'1'S CIRCQIT C7Q~'1', ~ Aim !~ ~INOLS OOUNTY. FiARIDA 1CSVIti P. ~rl8id.8i Plaintiff, v. clTx o8 wI1QTSR s~tl~aas, 1~LVRIDA Defendant- ~ cafes xo.: 9s-lass-ca-~i6-B ggTTLE1dEN~' AIGREBMBNT AT7D .t"gD~~+ ~ This sottl~ent Agredoex-t and General ReJ.ease, executed this ~ day of xay, =997 by and between X8VI1~ P. sR~~ (hereiQaftar referrer to ae the "piaintiit^) and the CITX 07 1QIN'1'~ 3PItIN6s, g1,~p~tiDA, {hereina.#ter zefersod to as -'Defendant") is as follows: P. 2 WAS, the Plaintiff filed a l~~t against Defenda~at itt the abova- Captioned case, asad yp~g, the Plaintiff and the Defendant desire to settle luny wad finally all differences batw~ them, includ3.ng, but not limited to plaint~f's lawsuit referenced above: pa+ooniaeg pCp Tggg~Og$, in coasideratioa of the prentiaea sad n~tual coritaiaed herein it is agreed as follows: 1. Thin Settlement Agreement and General Release shall sot io way waY be construed as an admission by th® Defendant or any related. entities or any of the De£endant~s or their related entities' ofti.ces®, manaya~a, officials, employ®es. ageate, supervisors. re~resentatives~ a$signs, and suoceaaora (herQiuafter referred to as Detenndarrb, qt al.} of any wrongdoing ar liability to the Plaintif=. pates 1 of 5 5-13-1997 2:56PM FROM BROWN AND GREEN PA 407 d,22 4.865 P.4 a. The nelendam agrees to pay the Plaintiff the dilleremve is hie >DaY botwaen his former position as Sergeant and hie current position as Patrols~an while in the employment of Defendant tram the pay period beginning January ZS, 1995 through tiny 14, 1997, less applicable federal texas (i. a., ladsral withhoidi~sg tax, FICA, etc.} Thie amount comes to X6,547.14 before the applicable taxes are withhold. The Defendant also agrees to reinstate the plaintiff to the position of sergeant effective immediately upcm the lull and final execution of this Settlement Agreement and asneral Release. 3. The Defendant also agrees to pay the Plaiatilt t7, 500.00 (Severity f'ivv gundred Dollars}. Tho amoent a! X7,500.00 is in vaopeneatiom for attosaep'e fees end costa incurred by Plaintiff is briaginQ and prosscvting the above- vaptioned action. Wo deductions such asp federal withholding fazes, !'2CA, etc. or auy other tax deductions have been made. The Plaintiff agrees that he will be solely responsible for the tax cxuuequences resulting from the payment of the X7,500.00 if the lnternai Revenue Service subrequontly challerigss the tae treatment of this attorney's fee6 payment. The Plaintiff further agrees to indemnity and hold harmless the Da~Ewndaat for any amounts that may be assessed, levied or otherwieo Chsrgod agaiaat the Plaintiff by any taxing or governmental authority relating to the payment of the $7.500.00. The P1siAti!'f ackaoalee~ges that flee D®fendant makes ne ~rarranty concerning the treatment the payment o! the X7,500.00 undor laderal, state, or local tax or other lave and the Plaintiff has not relied upon such warrazrty. 4. The Defendant also agrees that Plaintiff's personnel file will contain the following "lYaaagelpeilt Directive": Yvu are hereby seprimanded for engaging in personal bnsine~~s oa city time in uniform. The aondact you engaged in ass inappropriate and you now understand that the applicable ~sneral Order of the City. of 1Qiater Springs Pollee Department prohibits ouch sales o! goons and eerviaee by Departsent emplogee: while oa duty and/or in uniform. 0lhereas the City has hired a new Police Chief and both the City and you desire to clarify these iQSUes, you agree aevr to engage in anch conduct again. The Defendant agrees that t.hs above 'Management Directive" will be the sole refere~noe in Plaintiff's personnel file to any disciplinary aetivn undertaken by Wage 2 0! 6 5-' 3-1997 2 : 57PM FROM BROWN AND GREEN PA 4.07 422 4.865 P. 6 Defendant a+3.th regard to Piaintiff~s past sale of merchandise while on-duty cad wh3.le is uniform. 5. The Plaintiff agrees eat to institute arey legal actions against the Defendant or the Defendant, st al. in federal or state courts or before as~y administrative sgencies as a result of nay matters occurring prior to the dates of this Settieasnt ~igs~eement and General Release inalnding, brit not limited to, any action arising under arty state or lederai empioypnent discrimination aeti, nay local ordinance or statute dealing with discrimination, any claim gor violation of say other federal, state, or local law, rule or ro4s11ation, ina].vdisg• but not limited to, any action under the Bair Labor standards Ant, B9 II.S.C. §2dI st ,angr., or any common law eiaim or tort o1aLa, or say viaim to reiastatament or future en~pioymeat, any claim !ox bash pay, i'nture pay, fringe beaelite, uupa~id wages, overtLna compensation, vacation pay, severance par, bonuses, retirement and pension benefits, liquidated damages, aam~nsctory damages, euaaplary damages, punitive damages, damages for pain and suffering or mental anguish, damage to personal reputation, damages raictwd tv iatentionai or msgiig~ent infliction a! ~otionai distress, personal injury damages, medical expenses, or damages of any other kind, and attorney fees cad costs. 6. In return for the just and adequate eoasideratian promised in paragrapE~s 2, S, and 4 of this Settlement Agreement and General Releases the plaintiff, his heirs, assigns, administrators and attorneys, hereby release, acquit, cad forever discharge the Defendant and the Defendant et. al, their successors and cosigns, and each of 'them for any and all claims, actions, Causes og actiono, demands, debts, damages, including compensatory and punitive, liquidated damages, claims for unpaid wages or overtime aoarpensation, costs, claims of reimbursement, claims of interest, awards of attorney's fees and expenses of whatever nature, wh~rtber kpowa ar unknown from the beginning of time to the date of the execution of this 5ettlemeat 1l~greemsnt and t;enerai Release. The Piaiatigf expzessiy aakaowiedges that this Se~ttlem®nt llgrses~-t and General Release is intended to include within its effect without limitation ail elaiees assertOd ar which could have been asserted i.a Case bTo.: 95-1225-Ca-16-8 or under any of the causes of nation listed in Paragraph 5 of this 3ettlemaust Agreement and General Release or any and ail claims under any other federal, atnte or local laws or Federal Executive Orders sad all claims which tba Plaintiff doss not lonow or suspect to exist 3.n his favor aft the time of the execution of this Settlement Page 3 of 5 5-?-3-1997 2:55PM FROM BROWN AND GREEN PA 407 422 4865 F'-3 ~. A~greemeat and Geaexal Release, and that thin Ssttlameat Agreasws~t sad 6eaeral Release contemplates the extinguishment of any aKCh claim or claims. 7. Yn return for the just and adequate consideration promised in paragraph Z, 3, and 4 of this settlement agreement and General Releas®, plaiati=! agtoma to 8ieosiss with prejudice his lawsuit. Case tQo.s 95-1225-cA-16-S, and to forward a copy of snob dismissal to Defendant's attorneys. 8. Release of the Defendant and the Defendant, et al., is made withoat reliance upon any statemaast as sapxss~ttatioa of any pBrtY he~Y s~tleasied those contained is this ~ettlemeat Agre.m®nt and General 'Release. This Settlamsat Agreement acct Gawk Release contains the entire tuuterstaadinq of the pasties and may sot be modified t in a writing which is eigaed by all the parties to this settiemersst Agreement sad General Release. 9. the Plaintiff represents and certifies that he has oasefully read sad studied this Settlement agreement and General Release and fully uadera~taade all the p~raRisione and effects of this settlement agreeaent and ~tenssal Release- The Plaintiff represents that he is entering i.ato this Battlement agrnt acrd Gsaeral Rslsaae freely and voluntarily and the Defendant, anfl the Defendant, e!t ai. sad its agents, representatives sad attomsys have net made any representations concerning the tassne and effects of this settlement ~t a4d General Release other than those Contained her®ia. 10. The inaquage of all parts o! thin Settlement Agreement and Ovnsral Release shall be construed as a Whole and according to ~.ts fair meanies sad sot strictly for or against either pasty. St is expressly understood and aegrsvd that this settlement Agreement sad General Release shall be goveraaci by tlw laws of the State of 1~lorfda and that say rule requiring construction of thin nt• agaiaet its drafter shall sot be apples in this can®. 11. Should any* grovislo=t o! this Agreement be detezmined by any Court to be illegal or invalid, the validity o! the ramainiag party, teL'me or provisions shall not be affected thereby and the i]-legal or im-siid part, term or provisio~a shall be de®med not to•be a part of this Agreement. i2. The parties to this Svttlem~t Agreement and General E6aleaee hereby expressly agree that should say party default is say material u~annsr with respect to any of these obligatioaea set .forth in this Settlement Agre6toe~at and cameral Release, the ^ole and exclusive remedy far the non-defaulting parts shall be an action far epecifir perfaz~ance by the defaulting party of his obligations page 4 of 5 . 5-'.3-1997 2:57PM FROM BROWN AND GREEN PA d07 d.22 4865 P-6 ~.~ ,~. hereunder, Ia the event of litigation relating to Chia settl~emeat Agrt sad aenerai Re3~ae, the p~vailiag party shall he entitled to reaaonab7.o attoraeyrs fees azsd coats. TIC PLAINTIFF S TRAT ~ 8AS CAREFULLY READ THIS 88TTLB'1~NT AQiEBMSNT AND C~NERAL RELEASE REICH INC,LLIDES A RELEASE OF IaTCIPN AND VlaKNdRN CLAIMS . IIQ W2TD1833 1Pl~RB~'r and 3,nteading to, bw legally bound hetabyr thB undersigssad parties issue eae~uted the foregoiaq~ se^~t18m®at Agresmodt and ~3eneral Release. ~ ~~a~ ~~ ~ E' • a or De en an , Plaintiff WI7ATRR sPltlllGS m~ ~/ ~y `99'x' _ to a .,~ Attorney for 8la if may r efendant ht ~, ~ y - «f 7 ~ r~ ~ 7 ne e, G~~Z - Attorney !or Defendant ~~~~1 Date Page 5 of 3 Law Offices .• KRUPPENBACHER & ASSOCIATES A Professional Association Frank Kruppenbacher MEMORANDUM TO: Ron McLemore, City Manager Timothy Lallathin, Fire Chief FROM: Frank Kruppenbacher, City Attorney DATE: July 7, 1997 RE: Kevin P. Brunelle v. City of Winter Springs Case No 95-1225-CA-16-B 105 East Robinson Street, Suite 201 P.O. Box 3471 Orlando, Florida 32802-3471 1 lF~~ ~ `+1lc- WINTER SPRINGSi ~~' ~E~~: ~,fi ~° ~... l~+,,~ ._ x ~ ' -_-. Enclosed for your file please find a copy of the Notice of Voluntary Dismissal with Prejudice filed with the court in the above-referenced matter. Should you have any questions, please do not hesitate to contact me. .. ,n r . r~ IN THE CIRCUIT COUR~Tz,~l SEMINOLE COUNTY, l?LOR JUN FOR~99T ,1 ~~~~~~ --~-... CASE NO.: 95-1225-CA-16-B KEVIN P. BRUNELLE, ~- ~~ ~ _ Plaintiff, vs. CITY OF WINTER SPRII~TGS, FLORIDA, Defendant. ,~i~i~ ~ ~ ~~J( NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE The Plaintiff, KEVIN P. BRUNELLE, by the undersigned counsel, files this Notice of Voluntary Dismissal With Prejudice, pursuant to Fla. R. Civ. P. 1.420(a)(1). I HEREBY CERTIFY that a true and correct copy of the foregoing vas mailed to Dorothy F. Green, Esq., BROWN & GREEN, P.A., P.O. Box 3108, Orlando, FL 32802-3108, this 17th day of June, 1997. THOMAS J. PILACEK & ASSOCIATES Maitland Green, Suite 110 601 South Lake Destiny Road Maitland, FL 32751 (407) 66~-9~9~ ^ BY:/ ~%~ Thomas J. Pilacek FL Bar No. 1435 Michael H. Bowling FL Bar No. 333026 Counsel for Plaintiff l Law Offices KRUPPENBACHER & ASSOCIATES A Professional Association Frank Kruppenbacher May 21, 1997 VIA HAND-DELIVERY Ronald W. McLemore City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: Brunelle v. City of Winter Springs Settlement Agreement Dear Ron: 105 East Robinson Street, Suite 201 P.O. Box Orlando, Florida Telephone (407) 246-0200 Facsimile (407) 426-7767 Enclosed please find the original Settlement Agreement and General Release that has been executed by Kevin Brunelle and his attorney in the above-referenced matter. Please sign the Settlement Agreement on behalf of Winter Springs, retain the original for your file, and forward a fully-executed copy to my office so that I can provide the same to attorney Bowling. Should you have any questions, please call me. Sincer , n ~'/' ~~ v~ Frank C. Kruppenbacher SIGNED IN MR. gRLJPPENBACHER'S ABSENCE TO AVOID DELAY FCK/tnn Enclosure c: Dorothy F. Green, Esq. ~~