HomeMy WebLinkAbout2009 01 12 Document Provided to Commission Re: City Manager Mutual Seperation AgreementDate: January 12, 2009
The attached document was provided to the City
Commission towards the beginning of the
January 12, 2009 Regular city Commission
Meeting.
MUTUAL SEPARATION AGREEMENT
THIS MUTUAL SEPARATION AGREEMENT is entered into this 12~' day of January, 2009, by and
between Ronald W. McLemore ("McLemore") and the City of Winter Springs, Florida ("City").
WHEREAS, McLemore and City desire to mutually agree to end McLemore's employment
with the City under the terms and conditions stated herein.
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
Section 1. Effective immediately upon execution of this Agreement by both parties,
McLemore's employment with the City is hereby ended and McLemore shall no longer be employed by
the City as City Manager.
Section 2. In exchange for the general release set forth hereunder and McLemore's possible
assistance to the City in the future as provided herein, McLemore shall continue to receive the same
compensation and benefits as severance for a period of six months from the date of this Agreement,
less car and cell phone allowances, and subject to applicable withholding taxes. McLemore shall
also be entitled to the payment of unused sick and annual leave as provided to other City employees
to the extent provided for in the City's personnel rules. Unused sick and annual leave shall be paid
on the eighth day after both parties fully execute this Agreement. Payment of the severance pay and
benefits shall not commence until the first regular city payroll after the eighth day after both parties
execute this Agreement.
Section 3. During the six month's severance period, McLemore, to the extent requested
by the City from time-to-time, shall be available to assist the City with providing information or
insight regarding matters that he worked on while employed by the City.
Section 4. City agrees to hold harmless and defend McLemore for all bona fide actions
arising out of actions taken within the scope of his duties as City Manager and consistent with
Employee's duties and responsibilities provided for in the City Charter. However, McLemore shall
not be held harmless and defended by the City for criminal conduct, gross negligence, or intentional
misconduct.
Section 5. In exchange for the six month severance provided hereunder, McLemore hereby
releases and waives any and all present and future claims against the City, and its Commissioners,
officers, and employees of the City, in their individual and official capacity, arising from his
employment with, and separation from, the City including, but not limited to, any and all charges,
complaints, claims, liabilities, obligations, damages, actions, attorney's fees, rights, demands, known
or unknown, that exists or may exist under any local, state, federal or international law including,
but not limited to: (a) any state or federal constitution or constitutional amendment, if any (b) Title VII
of the Civil Rights Act of 1964, as amended; (c) 42 U.S.C. § 1981 (d) any Executive Order; (e) the First,
Fifth and/or Fourteenth Amendments to the United States Constitution; (f) the Rehabilitation Act of 1973;
(g) the Americans with Disabilities Act ("ADA"); (h) the Age Discrimination in Employment Act
("ADEA"); (i) the Employee Retirement Income Security Act ("ERISA"); (j) the Family and Medical
Leave Act ("FMLA"); (k) the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"); (1)
the Florida Civil Rights Act; (m) the Fair Labor Standazds Act ("FLSA"); (n) the Occupational Safety and
Health ("OSHA"); (o) Chapter 448, Florida Statutes; (p) the minimum wage amendment under the Florida
Constitution; (c~ the Pregnancy Discrimination Act; and (r) other state law causes of action, whether
statutory or based upon common law. McLemore also agrees to waive all time frames prescribed by the
Older Workers Benefit Protection Act, so that he may receive severance pay prior to the time frames for
acceptance and revocation under the Act.
Section 6. Each party has an opportunity to consult with counsel regarding this Agreement.
This Agreement constitutes the entire understanding of the parties and may be extended or modified only
by the mutual written consent of McLemore and the City.
Section 7. This Agreement shall be governed by Florida law. Venue for any state action or
proceeding shall be in Seminole County, Florida, and Orlando, Florida for any federal action.
MCLEMORE CITY OF WINTER SPRINGS
Ronald W. McLemore
John F. Bush, Mayor
ATTEST:
Andrea Lorenzo-Luaces