Two slightly different proposals for a settlement between Sherry Hunter and the Palominas Fire District

The second version follows the first version

FIRST VERSION

SETTLEMENT AGREEMENT AND GENERAL RELEASE


This SETTLEMENT AGREEMENT AND GENERAL RELEASE (Agreement) is made and entered into by and between Sherry Hunter (Hunter or Employee) and the Palominas Fire District (Employer or PFD) (collectively referred to as the Parties).


RECITALS


  1. WHEREAS, Hunter is currently employed by PFD as its Fire Chief;


  1. WHEREAS, disputes have arisen between PFD and Hunter regarding the terms and conditions of her employment;


  1. WHEREAS, in order to avoid additional expenses and obtain an amicable conclusion to the employment relationship between PFD and Hunter, and the Parties’ disputes, the Parties desire to settle and resolve all disputes, differences, and claims that now exist or may exist between them as of the date of this Agreement.


NOW, THEREFORE, in consideration of the foregoing recitals, and the mutual covenants, obligations, and general release contained herein, the Parties hereby agree as follows:


  1. Upon execution by the Parties:


    1. PFD shall immediately place Hunter into administrative leave status.


    1. PFD will make a one-time lump sum payment of $10,000 to Hunter, subject to regular taxes and withholding.


    1. Hunter will remain an employee of PFD and on administrative leave status through May 30, 2014.


    1. While on administrative leave, PFD will continue to pay Hunter her regular pay including (but not limited to) PFD’s payments on Hunter’s behalf into her pension. Hunter’s other benefits, including her health insurance, will remain active and will not be disturbed.


    1. As of June 1, 2014, PFD’s records will reflect that Hunter resigned her position for personal reasons.


    1. PFD agrees to forego any further payments from Hunter regarding alleged overpayments to Hunter; as a result, except for standard taxes and withholding, PFD shall not withdraw any other money from Hunter’s regular paychecks.


    1. Hunter will continue to accrue sick and vacation time while she is on administrative leave.


    1. PFD shall pay Hunter for accrued vacation days up to May 30, 2014, consistent with PFD’s existing policies and procedures.


    1. Hunter will return all PFD property and equipment to PFD on November 26, 2012.


    1. PFD’s Corrective Action Plan dated June 28, 2012, and any documentation arising out of the allegations of inappropriate conduct, will be rescinded and removed from Hunter’s personnel file.


    1. PFD’s Written Reprimand dated June 28, 2012, and any documentation arising out of the allegations of workplace conduct, will be rescinded and removed from Hunter’s personnel file.


  1. PFD agrees that upon receipt of any inquiry regarding Hunter’s employment with PFD from a potential employer, PFD will provide ONLY the following information: Hunter's dates of employment with PFD, positions held and duties of those positions, awards and commendations, if any, and that Hunter is or was on administrative leave until June 1, 2014, when she resigned for personal reasons.


  1. The parties agree that this Agreement represents the full and final settlement of all claims Hunter may have against PFD, and claims that each may have against the other, including any and all claims, demands, causes of action, and liabilities of every kind and nature, whether known or unknown, foreseen or unforeseen, arising out of or in any way relating to PFD’s employment of Hunter.


  1. The parties further agree that this Agreement represents the full and final settlement of all claims PFD may have against Hunter, and claims that each may have against the other, including any and all claims, demands, causes of action, and liabilities of every kind and nature, whether known or unknown, foreseen or unforeseen, arising out of or in any way relating to PFD’s employment of Hunter.


  1. The parties enter into this Agreement freely in order to resolve the disputes among them, without admission of fault or liability and without the admission of the invalidity or lack of merit of their own claims. Rather, the parties desire to avoid the expense and uncertainty of litigation and desire to settle and compromise their claims against one another.

  2. The Parties shall not (except as required by law, regulation or Court Order) without the consent of the other Party, which consent shall not unreasonably be withheld, disclose this Agreement or its terms to any third party, with the exception of the Parties’ respective lawyers, accountants and other professionals as may be reasonably necessary to enable the rendering of professional services by such persons.

  3. This Settlement Agreement shall be governed by, construed and interpreted in determining the rights of the Parties hereto, in accordance with the laws of the State of Arizona.

  4. Any signatory to this Agreement hereby warrants that they have the authority to execute this Agreement and bind the respective Parties.

  5. This Agreement states the entire agreement of the Parties with respect to the matters discussed herein, and supersedes all prior or contemporaneous oral or written understandings, agreements, statements or promises.

  6. This Agreement shall be binding upon, and shall inure to the benefit of, the successors and assigns of the parties hereto.

  7. The Parties agree that the damages suffered by any persons protected by this Agreement by reason of any breach of any provision of this Agreement shall include not only the amount of any judgment that may be rendered against such persons, firms, corporations or other entities, or any of them, by reason of a breach of this Agreement, but shall also include all damages suffered by them, including the costs of attorneys’ fees and other costs and expenses in instituting, preparing, prosecuting or defending any action or suit resulting from a breach of this Agreement, whether taxable or otherwise, and the costs to them of attorneys’ fees, and all other costs and expenses in instituting, preparing or prosecuting any counterclaim, suit, motion or action to recover damages resulting from the breach of this Agreement, whether taxable or otherwise.

  8. This Agreement may not be amended or modified in any respect except by a written instrument duly executed by the all of the Parties to this Agreement.

  9. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and this Agreement is effective upon execution of at least one counterpart by each Party to this Agreement.

  10. This Agreement has been and shall be construed to have been drafted by all of the Parties to it so that the rule of construing ambiguities against the drafter shall have no force or effect.

  11. In the event that any provision of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be deemed modified (or stricken if not subject to modification) to the least extent necessary to cause such provision to be valid, legal or enforceable, and the validity, legality and enforceability of the other provisions of this Agreement shall not be affected or impaired thereby.

  12. The Parties hereto acknowledge that each has been represented by counsel, or has had an opportunity to be represented by counsel, in connection with the negotiation, drafting, and consummation of this Agreement and the transactions contemplated herein.


  1. The Parties freely, voluntarily, and knowingly enter into this Agreement;


  1. The Parties hereto shall execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such further instruments and documents and do any and all things as may be reasonably requested in order to carry out the intent and purpose of this Agreement.


  1. The Parties each acknowledge to the other that each understands the final and permanent effect of this Agreement.


  1. Each Party to this Agreement assumes the risk of any mistake of fact or law with respect to any aspect of this Agreement, the dispute described herein, or any asserted rights released by this Agreement.


  1. This Settlement Agreement is effective as of the date it is executed by both parties.


IN WITNESS WHEREOF, the Parties have affixed their signatures below.


SECOND VERSION

SETTLEMENT AGREEMENT AND GENERAL RELEASE


This SETTLEMENT AGREEMENT AND GENERAL RELEASE (Agreement) is made and entered into by and between Sherry Hunter (Hunter or Employee) and the Palominas Fire District (Employer or PFD) (collectively referred to as the Parties).


RECITALS


  1. WHEREAS, Hunter is currently employed by PFD as its Fire Chief;


  1. WHEREAS, disputes have arisen between PFD and Hunter regarding the terms and conditions of her employment;


  1. WHEREAS, in order to avoid additional expenses and obtain an amicable conclusion to the employment relationship between PFD and Hunter, and the Parties’ disputes, the Parties desire to settle and resolve all disputes, differences, and claims that now exist or may exist between them as of the date of this Agreement.


NOW, THEREFORE, in consideration of the foregoing recitals, and the mutual covenants, obligations, and general release contained herein, the Parties hereby agree as follows:


  1. Upon execution by the Parties:


    1. PFD shall immediately place Hunter into administrative leave status.


    1. Hunter will remain an employee of PFD and on administrative leave status through July 31, 2014.


    1. While on administrative leave, PFD will continue to pay Hunter her regular pay including (but not limited to) PFD’s payments on Hunter’s behalf into her pension. Hunter’s other benefits, including her health insurance, will remain active and will not be disturbed.


    1. As of August 1, 2014, PFD’s records will reflect that Hunter resigned her position for personal reasons.


    1. PFD agrees to forego any further payments from Hunter regarding alleged overpayments to Hunter; as a result, except for standard taxes and withholding, PFD shall not withdraw any other money from Hunter’s regular paychecks.

    2. Hunter will continue to accrue sick and vacation time while she is on administrative leave.


    1. PFD shall pay Hunter for accrued vacation days up to July 31, 2014, consistent with PFD’s existing policies and procedures.


    1. Hunter will return all PFD property and equipment to PFD on November 26, 2012.


    1. PFD’s Corrective Action Plan dated June 28, 2012, and any documentation arising out of the allegations of inappropriate conduct, will be rescinded and removed from Hunter’s personnel file.


    1. PFD’s Written Reprimand dated June 28, 2012, and any documentation arising out of the allegations of workplace conduct, will be rescinded and removed from Hunter’s personnel file.


  1. PFD agrees that upon receipt of any inquiry regarding Hunter’s employment with PFD from a potential employer, PFD will provide ONLY the following information: Hunter's dates of employment with PFD, positions held and duties of those positions, awards and commendations, if any, and that Hunter is or was on administrative leave until August 1, 2014, when she resigned for personal reasons.


  1. The parties agree that this Agreement represents the full and final settlement of all claims Hunter may have against PFD, and claims that each may have against the other, including any and all claims, demands, causes of action, and liabilities of every kind and nature, whether known or unknown, foreseen or unforeseen, arising out of or in any way relating to PFD’s employment of Hunter.


  1. The parties further agree that this Agreement represents the full and final settlement of all claims PFD may have against Hunter, and claims that each may have against the other, including any and all claims, demands, causes of action, and liabilities of every kind and nature, whether known or unknown, foreseen or unforeseen, arising out of or in any way relating to PFD’s employment of Hunter.


  1. The parties enter into this Agreement freely in order to resolve the disputes among them, without admission of fault or liability and without the admission of the invalidity or lack of merit of their own claims. Rather, the parties desire to avoid the expense and uncertainty of litigation and desire to settle and compromise their claims against one another.

  2. The Parties shall not (except as required by law, regulation or Court Order) without the consent of the other Party, which consent shall not unreasonably be withheld, disclose this Agreement or its terms to any third party, with the exception of the Parties’ respective lawyers, accountants and other professionals as may be reasonably necessary to enable the rendering of professional services by such persons.

  3. This Settlement Agreement shall be governed by, construed and interpreted in determining the rights of the Parties hereto, in accordance with the laws of the State of Arizona.

  4. Any signatory to this Agreement hereby warrants that they have the authority to execute this Agreement and bind the respective Parties.

  5. This Agreement states the entire agreement of the Parties with respect to the matters discussed herein, and supersedes all prior or contemporaneous oral or written understandings, agreements, statements or promises.

  6. This Agreement shall be binding upon, and shall inure to the benefit of, the successors and assigns of the parties hereto.

  7. The Parties agree that the damages suffered by any persons protected by this Agreement by reason of any breach of any provision of this Agreement shall include not only the amount of any judgment that may be rendered against such persons, firms, corporations or other entities, or any of them, by reason of a breach of this Agreement, but shall also include all damages suffered by them, including the costs of attorneys’ fees and other costs and expenses in instituting, preparing, prosecuting or defending any action or suit resulting from a breach of this Agreement, whether taxable or otherwise, and the costs to them of attorneys’ fees, and all other costs and expenses in instituting, preparing or prosecuting any counterclaim, suit, motion or action to recover damages resulting from the breach of this Agreement, whether taxable or otherwise.

  8. This Agreement may not be amended or modified in any respect except by a written instrument duly executed by the all of the Parties to this Agreement.

  9. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and this Agreement is effective upon execution of at least one counterpart by each Party to this Agreement.

  10. This Agreement has been and shall be construed to have been drafted by all of the Parties to it so that the rule of construing ambiguities against the drafter shall have no force or effect.

  11. In the event that any provision of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be deemed modified (or stricken if not subject to modification) to the least extent necessary to cause such provision to be valid, legal or enforceable, and the validity, legality and enforceability of the other provisions of this Agreement shall not be affected or impaired thereby.

  12. The Parties hereto acknowledge that each has been represented by counsel, or has had an opportunity to be represented by counsel, in connection with the negotiation, drafting, and consummation of this Agreement and the transactions contemplated herein.


  1. The Parties freely, voluntarily, and knowingly enter into this Agreement;


  1. The Parties hereto shall execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such further instruments and documents and do any and all things as may be reasonably requested in order to carry out the intent and purpose of this Agreement.


  1. The Parties each acknowledge to the other that each understands the final and permanent effect of this Agreement.


  1. Each Party to this Agreement assumes the risk of any mistake of fact or law with respect to any aspect of this Agreement, the dispute described herein, or any asserted rights released by this Agreement.


  1. This Settlement Agreement is effective as of the date it is executed by both parties.


IN WITNESS WHEREOF, the Parties have affixed their signatures below.