Loading...
99-3649q- 3�� Council File # ORIGINAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # �� Presented Sy Referred To �� Committee: Date 1 RESOLVED, that upon execution and delivery of a release in full to the City of Saint 2 Paul, the proper City officers are hereby authorized aud directed to pay out of the Tort Liability 3 Fund 09070-0511 to Renee Indehar the sum of $25,000.00; to be issued, at Indehaz's request, in 4 the form of a draft of $18,000.00 to Renee Indehar and a draft of $7000.00 to her attorney 5 Carolyn Guy; in full settlement of her claim of employment discrimination against the City of 6 Saint Paul. Requested by Department of: City Attor �y BY: t�1's� �°, ?%uu�i Form Approved by City Attorney Adoption Certified by Council Secretary By: � . \"'� Approved by MC�� / 3� � � . � By: Adopted by Cossncil: Date 1��.l,.—_.�� d \� T�� t BY: �iS�c. �• U�[A� EPAflTMENLOFFICE/CAUNC City Attorne JNTACT PERSON & PHONE Lisa Yeith, �t`l -3 �� < DATEINITIATED GREEN SHEET N° 25573 4-l6 - 9 9 INITIAUDATE INfTIAVDATE — ODEPARTMEMDIFECTOR �CITYCOUNCIL ASSIGN � CITYATTORNEV CRV CLEqK NUMBEB FON ❑ BUDGET DIRECTOR FIN. 8 MGT. SERVICES OIR. HOUTING OHDEH � MpYOR (OR ASSIST t� ❑ TOTAL # OF SIGNATURE PAGES (CLtP ALL LOCATIONS POR SIGNATURE) Authorization £or payment to settle employment discrimination claim. Aqxrne (A) or Rejec[ (Fh _ PLANNING COMMISSION _ CIVIL SERVICE _CBCOMMITfEE __ _ STAFF _ __ DISTRlC7 CAURT _ SUPPOFTS WHICH COUNd� O&IECTNE? PERSONAL SERVICE CONTHAC7S MUST ANSWER 7HE FOLLOWING �UESTIONS: 1. Has this person�rm ever worked under a contract for this department? ' YES NO 2. Has this person/firm ever been a ciry employee? YES NO 3. Does this persoNf{rm possess a skilf not normally possessed by any current ciTy empbyee? VES NO Explafn all yes answers on separete shcet antl attach to green sheet INITIATING PROBIEM, ISSUE, OPPOflTUNITY(Who, Whaq When, Where, Why)� j]'j1S matter addresses settlement Of� 'dYl employment C11S� crimination cl�im brougnt b�• Penee Indehar, who is employed in the Communications Center of the St. Paul Police DeAartment. In June and Dctober of 1995 and'in June of 1996 the Police Department posted an opening £or the position o£ Communication Services and Maintenance Mana, Indehar applied eac� ti�e the �osition was posted. Each time the posting with withdrawn and the test cancelled. In September of 1996 Indehar in£ormed her supervisor she would be absent from work fros ADVANTAGESIFAPPROVED: pOSltilOT1 W2.S IJOS�ieCl 2.g21Il on-�November 8 , 1996 and the t'.@Sti sched.uled £or December 9, "�996. In@ehar requested that the test be postponed until she returned to work, the Department of Human Fesources and the Police Department refused to postpone it for more a£ew days. Indehar then £iled a charge with the Minnesota Department o£ Hvman Rights, clai the test scheduling pattern amounted to discrimination on the basis of disability and sexual orientation. Following an investigation, the Department of Human Rights issued a£inding o£ probable cause on the charge. The parties were unable to sett7.e at a mediation session. In the meantime Indehar brought internal af£airs complaints alleging a hostile working environm DISADVANTAGESIFAPPROVED: uuc �V iicr ��.auagcuuci ova�uv. The Department of Huma,n Rights certified this claim as complex, due to complex issues of fact and substantially new issues o£ discrimination law. The number of times the test was schedul� and withdrawn before it actually took place, and the latter's timing with Indehar's absence, could possibly be inferred by a£actfinder as discrimination rather than coincidence. If the case were not settled, Indehar could £ile a civil suit in either state or £ederal district court, and defense wou�d very likely requ3re substantial litigation resources. A discrimin- ation claim has no liability cap and it is dif£icult to predict the eventual outcome. i4ore- DISADVANTAGESIFNOTAPPROVEO. OV2T� even a uuni.ma awar in n e ar s avor c again�tthe City for attorneys £ees. In Januarg 1999 Indehar offered to settle all claims by resigning from her position in exchan, For a pa�ent o£ �23�+,000. The parties have now reached an agreement to settle the matter fo a payment of $25,000, in return for Indehar's agreement to (1) dismiss the Hvman Rights claim (2) waive all rights to pursue elaims in any way related to her employ�ent with or resi�natio: £rom the City, and (3) resign from her position and re�'rain from app]ying' £or any position wi the City for a period of two years. This office recommends se�tlement under the terms propo TOTALAMOUNTOFTFANSAC710N $ 2 5 � OOO. OO FUNDIfdGSOURCE Tort Liability Fund FWANqAL MFORMATION� (EXPLAIN) COSLREYENUE BUDGETED(CIRCLE ONE) YES NO NUMBER ���� � al`l - 3 ��l SETTLEMENT AND RELEASE AGREEMENT This Settlement Agreement ("Agreement°) and Release which is attached hereto and incorporated by reference herein as Exhibit A("the Release") are made by and between Renee Indehar, on behalf of herself, her agents, heirs, executors, administrators, attorneys and successors ("Indehar"), and The City of St. Paul, and their respective facilities, related corporations, affiliates, associated entities, Board members, subsidiaries, successors and assigns, predecessor companies, predecessor or management companies, present or former officers, directors, agents, assigns, employees, attorneys, whether in their individual or official capacities, delegates, benefit plans and plan administrators, and insurers ("Employer"). WHEREAS, Indehar filed Charge No. 27283 and the Minnesota Department of Human Rights ("MDHR") issued an opinion that Indehar presented probable cause to credit Indehar's allegation of an unfair, discriminatory practice by Employer. WHEREAS, the parties to this Agreement have mutually agreed to settle and resolve all actual and potential claims, threatened causes of action, and matters arising out of Indehar's employment with Employer, and which have been or could be brought against Employer; WHEREAS, the parties to this Agreement have considered their rights, options and alternatives under this Agreement and the attached Release. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS AND ALL OF TNE TERMS AND CONDITIONS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. Consideration. Employer shall, after receipt of a fully executed Separation Agreement and Release, expiration of statutory recission periods, and approval by the Minnesota Department of Human Rights Commissiorter to dismiss the Charge No. 27283: (1) Pay Indehar the gross amount $25,000.00, to be issued in the form of a draft of $18,000.00 to Renee Indehar and, at the request of Indehar, a draft of $7,000.00 to Carolyn Guy, her attorney. The parties agree that the sum to be paid by Employer to Indehar is in settlement of ail of Indehar's actual and potentiai charges, claims and causes of action against Employer which in any way related to hes employment with Employer and arose or couid have arisen at anytime prior to her execution of this Agreement. (2) Employer shall also permit Ms. Indehar to continue the use of the consultation services of City of St. Paul employee Dennis Conroy, in the same manner and to the same extent as is permitted to `�°l -3� y employees of the St. paui Police Department, for a period of six months after the date of this agreement. The extent of Conroy's provision of those services shail be solely decided between Indehar and Conroy, subject to the approval of the City of St. Paul, which approval shall not be unreasonably withheid. Indehar further understands and agrees that this provision in no way creates any specific duty on the part of either Conroy or the City of St. Paul, and hereby specificaliy waives any rights or claims that may arise or could arise pursuant to the provision of those services, with the exception of grossly negligent or criminai conduct on the part of Conroy. Indehar also understands that Conroy is not a party to this contract. (3) Ms. Indehar acknowledges that as a part of consideration for this payment she will terminate her employment with The City of St. Paul effective on the date she receives the settlement proceeds. (4) Ms. Indehar acknowledges and agrees that she will not reapply for employment with The Gity of St. Paul for a period of two years. (5) Ms. Indehar acknowledges that the Empioyer has made no representations as to the taxability of any payment made to her pursuant to the terms of this Agreement. Ms. Indehar agrees that she is fully responsible to any federal, state, or local taxing authorities for any tax consequences, including interest or penalties, that arise out of the payment to her as set forth in Paragraph 1 of this Agreement. The Employer shail issue an Internal Revenue Service Form 1099 to Ms. Indehar and to her attorney Carolyn Guy, Tax ID No. 41-1885054, for the amounts referenced in Paragraphs 1(1) and (2) of the Agreement. 2. ConfidentialitY. It is the intent of the parties that this Agreement be and is confidential. The provision for confidentiality does not apply to any disclosures or communications previously made. Indehar warrants that she has not and agrees that she will not in the future disclose the existence or terms of this Agreement, or the existence or terms of compensation to be paid by Employer to Indehar as part of this Agreement, to any person other than her partner, attorney, tax advisor, or representatives of the E.E.O.C. or the Minnesota Department of Human Rights or the Attorney General's Office, who shall be bound by the same prohibitions against disclosure as bind Indehar, and Indehar shall be responsible for advising these individuals of this confidentiality provision and obtaining their commitment to maintain such confidentiality, unless otherwise ordered to do so by a court or agency of competent jurisdiction. 2 �19-3G�1 Employer similarly agrees not to disclose the existence or terms of this Agreement, or the compensation paid to Indehar, to any person other than officers and directocs of Employer, accountants and auditors, attorneys, tax advisors, Board Members, representatives of the E.E.O.C., or the Minnesota Department of Human Rights, and such other disciosures as may be required by 1aw or a court or agency of competent jurisdiction. 3. Mutuai Retease. in consideration of the compensation paid by and other undertakings of Employer stated herein, Indehar will sign the Release, attached and incorporated hereto as Exhibit A, at the same time she signs this Agreement. It is intended that this Settlement Agreement constitutes and operates as a mutual release of all claims. The Employer fully and finaily releases any and all ciaims, charges, demands, or causes of action which it has or may have against Indehar, pertaining to the facts underlying this Settlement and Release Agreement, whether asserted or not, whether known or not, arising in any way prior to the date Employer signs this Agreement. 4. Dismissal of Charae The Minnesota Department of Human Rights Commissioner agrees to dismiss Charge No. 27283. Ms. Indehar agrees to waive her right to pursuit of any and all other claims against the Empioyer which in any way related to her empfoyment with or termination from Empioyer and arose or could have arisen at anytime prior to her execution of this Agreement. 5. Stipulation of No Charges. Indehar affirmatively represents that she has not filed nor caused to be filed any additional charges, claims, complaints, or actions against the Employer before any federal, state, or local administrative agency, court, or otherforum. Indehar further waives any right to any form of recovery or compensation from any legal action filed or threatened to be filed by her or on her behalf based on her employment or terms of employment with or termination from Employer. 6. Emplovment Verification Inquiries. The Empioyer's response to any and ail inquiries by prospective employers shall be limited to those items set forth in Minn. Stat., Chapter 13, as public information. 7. Invalidi . In case any one or more of the provisions of this Agreement shafl be held invalid, illegal or unenforceable in any respect, the va{idity, legality and enforceability of the remaining provisions contained in this Agreement will not in any way be affected or impaired thereby. 8. Voluntarv and Knowinq Action. The parties acknowledge that each has had sufficient opportunity to review her/its claims and this settlement offer with her/its attorneys, that she/it has read and understands the te�ms of this Agreement and attached Release, and that she/it has voluntarily and knowingly entered into this K °t9 -3 c�t Agreement to resoive any and ali charges, claims, demands or causes of action which she�t now has or may have with respect to the other. 9. Rescission/Revocation. Indehar may consider the terms of this Separation Agreement and Release for up to twenty-one (21) days and may decide to rescind/revoke (cancel) this Agreement within fifteen (15) calendar days of execution of this Agreement with respect to claims under the Minnesota Human Rights Act, and within seven (7} calendar days for claims under the Age Discrimination in Employment Act. Rescission/revocation of any portion of this Agreement wili be deemed to be a rescission/revocation of all of the Agreement. To be effective, lndehar's resc+ssionlrevocation must be in writing and delivered to Employers counsel, either by hand or by mail, within the applicable rescission/revocation period. If sent by mail, the rescission/revocation must be: (a) post-marked within the seven (7) or fifteen (15) day period; (b) properly addressed to: Lisa Veith, Assistant City Attorney, Office of the City Attorney, Civil Division, 400 City Hall, 15 West Keilogg Bivd., St. Paul, MN 55102; and (c) sent by certified maii, return receipt requested. Employer shall not be obligated to provide any consideration to Indehar pursuant to this Agreement in the event Indehar elects to rescind/revoke this Agreement as provided in this Paragraph 11. This Agreement becomes final and binding on the parties upon expiration of the rescission/revocation period, provided Indehar has not exercised her option to rescindlrevoke this Agreement, or notification that the MDHR has approved Ms. Indehar's withdrawal of her Charge, which ever occurs later. Any attempt by Ms. Indehar to rescind any part of this Agreement or Release obligates Ms. indehar to immediately retum all consideration under this Agreement to Counsel for the Empioyer. 10. Governing Law. This Agreement wiil be construed and interpreted in accordance with applicable federal laws and the laws of the State of Minnesota. 11. Lepa1 Counse{ and Fees. Except as provided in Paragraph 1(2) above, the parties to this Agreement agree to bear their own costs and attorneys' fees if any. Indehar acknowledges that she has had the opportunity to be represented by legal counse{ during the negotiation and execution of this Agreement and Refease, and that she understands she will be fuily bound by this Agreement. 12. Beneficiaries. Indehar, and any person or entity included within the definition of "Employe�' above are beneficiaries of this Agreement and may rely on and enforce this Agreement to secure or defend its or hislher rights hereunder. � °�°1- 3 �� 13. Reqresentation. Each of the parties represents that she/it is authorized to enter into the Agreement, and that each of the Pasties is bound by the terms and conditions of the Agreement. 14. Merqer Clause. The Parties each represent and warrant that no promise or inducement has been offered or made except as set forth herein and that the consideration stated herein is the sole consideration for this Agreement. This Agreement is a complete agreement and states fully all agreements, understandings, promises and commitments as between the Parties. RENEEINDEHAR Dated: � , 1999 5 a�-3�� Dated: 1999 CITY OF ST. PAUL Dated: , 1999 Dated: OFFICE OF CITY ATTORNEY Dated: � �� , 1999 By: ��iT0.. (�. �.Cd��'f Lisa Veith Its: Assistant City Attorney ��., -. • . i ` • � CITY COUNCIL 1999 By: ' /y`'� Its: esi nt [y OFFICE OF FINANCIAL AND MANAGEMENT SERVICES aq-��y EXHIBIT A RELEASE Definitions. i intend all words used in this Release to have their plain meanings in ordinary Englisfi. Technical legal words are not needed to describe what I mean. Specific terms 1 use in this Release have the foflowing meanings: A. I, me, and � include both me, Renee Indehar, or anyone who has or obtains any legal rights or claims through me. B. Emplover, as used herein, shall at a{I times mean The City of St. Paul and any of their respective facilities, related corporations, a�(iates, associated entities, Board Members, subsidiaries, successors and assigns, predecessor companies, predecessor or management companies and the present or former officers, directors, agents, employees, attorneys, whether in their individual or official capacities, and the current and former trustees or administrators of any pension or other benefit plan applicable to the employees or former employees of the Employer, in their officia( and individual capacities. C. My Claims mean ali of the claims of any kind whatsoever I have now against Empioyer, regardless of whether I now know about those cfaims, in any way related to my employment with or termination from the Employer, including, but not {imited to, MDHR Charge No. 27283, ciaims for invasion of privacy; breach of contract; fraud or misrepresentation; violation of the Minnesota Human Rights Act, Title VII of the 1964 Civil Rights Act, the Fair Labor Standards Act, the Americans With Disabilities Act, the National Labor Relations Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, all as amended, Minn. Stat. § 181.932, or any other federa{, state, or local statutes, laws, ru4es, regulations, ordinances or orders, including but not limited to those civil rights laws based on protected class status; assault, battery, defamation, intentional or negligent infliction of emotional distress; breach of the covenant of good faith and fair dealing; promissory estoppel; negligence; and afl other claims for unlawful employment practices, and all other common law or statutory c{aims. I understand that 1 am not releasing claims under the Age Discrimination in Employment Act which arise after the date on which I sign this Release and the Agreement to which it is attached. Aqreement to Release Mv Ciaims. I agree to give up aii My Claims and a11ow the Minnesota Department of Human R+ghts Commissioner to dismiss a!I my charges against Employer in exchange for the consideration paid by the Employer. I will not bring any additional lawsuits, file any additional charges, complaints, or notices, or make any other demands against the Employer based on My Ciaims. This includes ��-34� raising any factual issues upon which My Claims were based in any future proceeding. The consideration 1 am receiving is full payment for the release of all My Ciaims. Emp{oyer does not owe me anything in addition to what is identified as consideration in the attached Settlement Agreement. Additional Apreements and Understandinc7s. Even though the Employer is paying me to release My Claims, and the MDHR found probable cause for my charge, I understand and acknowledge that the Employer does not admit that it may be responsible or 4egal4y obligated to me for my Claims against it. In fact, the Employer expressly denies that it or she is responsible or legally obligated for My Claims or that it or she has engaged in any wrongdoing. I am also hereby advised to consult with an attorney before I sign this Release and the Agreement to which it is attached. Acceptance Period. 1 have been informed that the terms of this Agreement shafl be open for acceptance by me for a period of at least twenty-one (21) days after the date set forth above, during which time I may consider whether or not to accept this Agreement and seek counsel to advise me regarding the same. Right to Rescind and/or Revoke. I have the right to revoke this Agreement only insofar as it extends to potential claims under the Age Discrimination in Employment Act by informing Employer's Counsei (identified below) of my intent to revoke this Agreement within seven (7) calendar days following my execution of it. I 4ikewise have the right to rescind this Agreement only insofar as it extends to potential claims under the Minnesota Human Rights Act by written notice to Employer within fifteen (15) calendar days following your execution of this Agreement. Any such rescission must be in writing and hand-delivered to Employer or, if sent by mail, postmarked within the applicable time period, sent by certified mail, return receipt requested, and addressed as fol{ows: Lisa Veith, Assistant City Attorney, O�ce of the City Attorney, Civil Division, 4Q0 City Hafl, 15 West Kellogg Blvd., St. Paul, MN 55102. I agree that if I exercise any right of rescission or revocation, Employer may at its option either nullify this Agreement in its entirety or keep it in effect as to all claims not rescinded or revoked in accordance with the rescission or revocation provisions of this Agreement. ln the event Employer opts to nul4ify the entire Agreement, neither I nor Employer will have any rights or obligations whatsoever under this Agreement. I have read this Release carefully and understand ali its terms. I have reviewed this Release with my own attorney. in agreeing to sign this Refease, I have not relied on any statements or explanations made by Employer or their attorneys. E:3 qq-34y 1 understand and agree that this Release and the Settlement Agreement to which it is attached contain all the agreements between Employer and e. We have no other written or oral agreements. Dated: , 1999 1"f I.�J�L Subscnpe and swor to tse re me this � day of , 1999. �i�,,`�-�� /�,�:.� Notary Public •� DAWPI M. ODEGARD � � qOiARYPUBLIC—A1INNESOTA ny Coma E�Ires Aan. s�. z000 E 9q- 3�� Council File # ORIGINAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # �� Presented Sy Referred To �� Committee: Date 1 RESOLVED, that upon execution and delivery of a release in full to the City of Saint 2 Paul, the proper City officers are hereby authorized aud directed to pay out of the Tort Liability 3 Fund 09070-0511 to Renee Indehar the sum of $25,000.00; to be issued, at Indehaz's request, in 4 the form of a draft of $18,000.00 to Renee Indehar and a draft of $7000.00 to her attorney 5 Carolyn Guy; in full settlement of her claim of employment discrimination against the City of 6 Saint Paul. Requested by Department of: City Attor �y BY: t�1's� �°, ?%uu�i Form Approved by City Attorney Adoption Certified by Council Secretary By: � . \"'� Approved by MC�� / 3� � � . � By: Adopted by Cossncil: Date 1��.l,.—_.�� d \� T�� t BY: �iS�c. �• U�[A� EPAflTMENLOFFICE/CAUNC City Attorne JNTACT PERSON & PHONE Lisa Yeith, �t`l -3 �� < DATEINITIATED GREEN SHEET N° 25573 4-l6 - 9 9 INITIAUDATE INfTIAVDATE — ODEPARTMEMDIFECTOR �CITYCOUNCIL ASSIGN � CITYATTORNEV CRV CLEqK NUMBEB FON ❑ BUDGET DIRECTOR FIN. 8 MGT. SERVICES OIR. HOUTING OHDEH � MpYOR (OR ASSIST t� ❑ TOTAL # OF SIGNATURE PAGES (CLtP ALL LOCATIONS POR SIGNATURE) Authorization £or payment to settle employment discrimination claim. Aqxrne (A) or Rejec[ (Fh _ PLANNING COMMISSION _ CIVIL SERVICE _CBCOMMITfEE __ _ STAFF _ __ DISTRlC7 CAURT _ SUPPOFTS WHICH COUNd� O&IECTNE? PERSONAL SERVICE CONTHAC7S MUST ANSWER 7HE FOLLOWING �UESTIONS: 1. Has this person�rm ever worked under a contract for this department? ' YES NO 2. Has this person/firm ever been a ciry employee? YES NO 3. Does this persoNf{rm possess a skilf not normally possessed by any current ciTy empbyee? VES NO Explafn all yes answers on separete shcet antl attach to green sheet INITIATING PROBIEM, ISSUE, OPPOflTUNITY(Who, Whaq When, Where, Why)� j]'j1S matter addresses settlement Of� 'dYl employment C11S� crimination cl�im brougnt b�• Penee Indehar, who is employed in the Communications Center of the St. Paul Police DeAartment. In June and Dctober of 1995 and'in June of 1996 the Police Department posted an opening £or the position o£ Communication Services and Maintenance Mana, Indehar applied eac� ti�e the �osition was posted. Each time the posting with withdrawn and the test cancelled. In September of 1996 Indehar in£ormed her supervisor she would be absent from work fros ADVANTAGESIFAPPROVED: pOSltilOT1 W2.S IJOS�ieCl 2.g21Il on-�November 8 , 1996 and the t'.@Sti sched.uled £or December 9, "�996. In@ehar requested that the test be postponed until she returned to work, the Department of Human Fesources and the Police Department refused to postpone it for more a£ew days. Indehar then £iled a charge with the Minnesota Department o£ Hvman Rights, clai the test scheduling pattern amounted to discrimination on the basis of disability and sexual orientation. Following an investigation, the Department of Human Rights issued a£inding o£ probable cause on the charge. The parties were unable to sett7.e at a mediation session. In the meantime Indehar brought internal af£airs complaints alleging a hostile working environm DISADVANTAGESIFAPPROVED: uuc �V iicr ��.auagcuuci ova�uv. The Department of Huma,n Rights certified this claim as complex, due to complex issues of fact and substantially new issues o£ discrimination law. The number of times the test was schedul� and withdrawn before it actually took place, and the latter's timing with Indehar's absence, could possibly be inferred by a£actfinder as discrimination rather than coincidence. If the case were not settled, Indehar could £ile a civil suit in either state or £ederal district court, and defense wou�d very likely requ3re substantial litigation resources. A discrimin- ation claim has no liability cap and it is dif£icult to predict the eventual outcome. i4ore- DISADVANTAGESIFNOTAPPROVEO. OV2T� even a uuni.ma awar in n e ar s avor c again�tthe City for attorneys £ees. In Januarg 1999 Indehar offered to settle all claims by resigning from her position in exchan, For a pa�ent o£ �23�+,000. The parties have now reached an agreement to settle the matter fo a payment of $25,000, in return for Indehar's agreement to (1) dismiss the Hvman Rights claim (2) waive all rights to pursue elaims in any way related to her employ�ent with or resi�natio: £rom the City, and (3) resign from her position and re�'rain from app]ying' £or any position wi the City for a period of two years. This office recommends se�tlement under the terms propo TOTALAMOUNTOFTFANSAC710N $ 2 5 � OOO. OO FUNDIfdGSOURCE Tort Liability Fund FWANqAL MFORMATION� (EXPLAIN) COSLREYENUE BUDGETED(CIRCLE ONE) YES NO NUMBER ���� � al`l - 3 ��l SETTLEMENT AND RELEASE AGREEMENT This Settlement Agreement ("Agreement°) and Release which is attached hereto and incorporated by reference herein as Exhibit A("the Release") are made by and between Renee Indehar, on behalf of herself, her agents, heirs, executors, administrators, attorneys and successors ("Indehar"), and The City of St. Paul, and their respective facilities, related corporations, affiliates, associated entities, Board members, subsidiaries, successors and assigns, predecessor companies, predecessor or management companies, present or former officers, directors, agents, assigns, employees, attorneys, whether in their individual or official capacities, delegates, benefit plans and plan administrators, and insurers ("Employer"). WHEREAS, Indehar filed Charge No. 27283 and the Minnesota Department of Human Rights ("MDHR") issued an opinion that Indehar presented probable cause to credit Indehar's allegation of an unfair, discriminatory practice by Employer. WHEREAS, the parties to this Agreement have mutually agreed to settle and resolve all actual and potential claims, threatened causes of action, and matters arising out of Indehar's employment with Employer, and which have been or could be brought against Employer; WHEREAS, the parties to this Agreement have considered their rights, options and alternatives under this Agreement and the attached Release. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS AND ALL OF TNE TERMS AND CONDITIONS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. Consideration. Employer shall, after receipt of a fully executed Separation Agreement and Release, expiration of statutory recission periods, and approval by the Minnesota Department of Human Rights Commissiorter to dismiss the Charge No. 27283: (1) Pay Indehar the gross amount $25,000.00, to be issued in the form of a draft of $18,000.00 to Renee Indehar and, at the request of Indehar, a draft of $7,000.00 to Carolyn Guy, her attorney. The parties agree that the sum to be paid by Employer to Indehar is in settlement of ail of Indehar's actual and potentiai charges, claims and causes of action against Employer which in any way related to hes employment with Employer and arose or couid have arisen at anytime prior to her execution of this Agreement. (2) Employer shall also permit Ms. Indehar to continue the use of the consultation services of City of St. Paul employee Dennis Conroy, in the same manner and to the same extent as is permitted to `�°l -3� y employees of the St. paui Police Department, for a period of six months after the date of this agreement. The extent of Conroy's provision of those services shail be solely decided between Indehar and Conroy, subject to the approval of the City of St. Paul, which approval shall not be unreasonably withheid. Indehar further understands and agrees that this provision in no way creates any specific duty on the part of either Conroy or the City of St. Paul, and hereby specificaliy waives any rights or claims that may arise or could arise pursuant to the provision of those services, with the exception of grossly negligent or criminai conduct on the part of Conroy. Indehar also understands that Conroy is not a party to this contract. (3) Ms. Indehar acknowledges that as a part of consideration for this payment she will terminate her employment with The City of St. Paul effective on the date she receives the settlement proceeds. (4) Ms. Indehar acknowledges and agrees that she will not reapply for employment with The Gity of St. Paul for a period of two years. (5) Ms. Indehar acknowledges that the Empioyer has made no representations as to the taxability of any payment made to her pursuant to the terms of this Agreement. Ms. Indehar agrees that she is fully responsible to any federal, state, or local taxing authorities for any tax consequences, including interest or penalties, that arise out of the payment to her as set forth in Paragraph 1 of this Agreement. The Employer shail issue an Internal Revenue Service Form 1099 to Ms. Indehar and to her attorney Carolyn Guy, Tax ID No. 41-1885054, for the amounts referenced in Paragraphs 1(1) and (2) of the Agreement. 2. ConfidentialitY. It is the intent of the parties that this Agreement be and is confidential. The provision for confidentiality does not apply to any disclosures or communications previously made. Indehar warrants that she has not and agrees that she will not in the future disclose the existence or terms of this Agreement, or the existence or terms of compensation to be paid by Employer to Indehar as part of this Agreement, to any person other than her partner, attorney, tax advisor, or representatives of the E.E.O.C. or the Minnesota Department of Human Rights or the Attorney General's Office, who shall be bound by the same prohibitions against disclosure as bind Indehar, and Indehar shall be responsible for advising these individuals of this confidentiality provision and obtaining their commitment to maintain such confidentiality, unless otherwise ordered to do so by a court or agency of competent jurisdiction. 2 �19-3G�1 Employer similarly agrees not to disclose the existence or terms of this Agreement, or the compensation paid to Indehar, to any person other than officers and directocs of Employer, accountants and auditors, attorneys, tax advisors, Board Members, representatives of the E.E.O.C., or the Minnesota Department of Human Rights, and such other disciosures as may be required by 1aw or a court or agency of competent jurisdiction. 3. Mutuai Retease. in consideration of the compensation paid by and other undertakings of Employer stated herein, Indehar will sign the Release, attached and incorporated hereto as Exhibit A, at the same time she signs this Agreement. It is intended that this Settlement Agreement constitutes and operates as a mutual release of all claims. The Employer fully and finaily releases any and all ciaims, charges, demands, or causes of action which it has or may have against Indehar, pertaining to the facts underlying this Settlement and Release Agreement, whether asserted or not, whether known or not, arising in any way prior to the date Employer signs this Agreement. 4. Dismissal of Charae The Minnesota Department of Human Rights Commissioner agrees to dismiss Charge No. 27283. Ms. Indehar agrees to waive her right to pursuit of any and all other claims against the Empioyer which in any way related to her empfoyment with or termination from Empioyer and arose or could have arisen at anytime prior to her execution of this Agreement. 5. Stipulation of No Charges. Indehar affirmatively represents that she has not filed nor caused to be filed any additional charges, claims, complaints, or actions against the Employer before any federal, state, or local administrative agency, court, or otherforum. Indehar further waives any right to any form of recovery or compensation from any legal action filed or threatened to be filed by her or on her behalf based on her employment or terms of employment with or termination from Employer. 6. Emplovment Verification Inquiries. The Empioyer's response to any and ail inquiries by prospective employers shall be limited to those items set forth in Minn. Stat., Chapter 13, as public information. 7. Invalidi . In case any one or more of the provisions of this Agreement shafl be held invalid, illegal or unenforceable in any respect, the va{idity, legality and enforceability of the remaining provisions contained in this Agreement will not in any way be affected or impaired thereby. 8. Voluntarv and Knowinq Action. The parties acknowledge that each has had sufficient opportunity to review her/its claims and this settlement offer with her/its attorneys, that she/it has read and understands the te�ms of this Agreement and attached Release, and that she/it has voluntarily and knowingly entered into this K °t9 -3 c�t Agreement to resoive any and ali charges, claims, demands or causes of action which she�t now has or may have with respect to the other. 9. Rescission/Revocation. Indehar may consider the terms of this Separation Agreement and Release for up to twenty-one (21) days and may decide to rescind/revoke (cancel) this Agreement within fifteen (15) calendar days of execution of this Agreement with respect to claims under the Minnesota Human Rights Act, and within seven (7} calendar days for claims under the Age Discrimination in Employment Act. Rescission/revocation of any portion of this Agreement wili be deemed to be a rescission/revocation of all of the Agreement. To be effective, lndehar's resc+ssionlrevocation must be in writing and delivered to Employers counsel, either by hand or by mail, within the applicable rescission/revocation period. If sent by mail, the rescission/revocation must be: (a) post-marked within the seven (7) or fifteen (15) day period; (b) properly addressed to: Lisa Veith, Assistant City Attorney, Office of the City Attorney, Civil Division, 400 City Hall, 15 West Keilogg Bivd., St. Paul, MN 55102; and (c) sent by certified maii, return receipt requested. Employer shall not be obligated to provide any consideration to Indehar pursuant to this Agreement in the event Indehar elects to rescind/revoke this Agreement as provided in this Paragraph 11. This Agreement becomes final and binding on the parties upon expiration of the rescission/revocation period, provided Indehar has not exercised her option to rescindlrevoke this Agreement, or notification that the MDHR has approved Ms. Indehar's withdrawal of her Charge, which ever occurs later. Any attempt by Ms. Indehar to rescind any part of this Agreement or Release obligates Ms. indehar to immediately retum all consideration under this Agreement to Counsel for the Empioyer. 10. Governing Law. This Agreement wiil be construed and interpreted in accordance with applicable federal laws and the laws of the State of Minnesota. 11. Lepa1 Counse{ and Fees. Except as provided in Paragraph 1(2) above, the parties to this Agreement agree to bear their own costs and attorneys' fees if any. Indehar acknowledges that she has had the opportunity to be represented by legal counse{ during the negotiation and execution of this Agreement and Refease, and that she understands she will be fuily bound by this Agreement. 12. Beneficiaries. Indehar, and any person or entity included within the definition of "Employe�' above are beneficiaries of this Agreement and may rely on and enforce this Agreement to secure or defend its or hislher rights hereunder. � °�°1- 3 �� 13. Reqresentation. Each of the parties represents that she/it is authorized to enter into the Agreement, and that each of the Pasties is bound by the terms and conditions of the Agreement. 14. Merqer Clause. The Parties each represent and warrant that no promise or inducement has been offered or made except as set forth herein and that the consideration stated herein is the sole consideration for this Agreement. This Agreement is a complete agreement and states fully all agreements, understandings, promises and commitments as between the Parties. RENEEINDEHAR Dated: � , 1999 5 a�-3�� Dated: 1999 CITY OF ST. PAUL Dated: , 1999 Dated: OFFICE OF CITY ATTORNEY Dated: � �� , 1999 By: ��iT0.. (�. �.Cd��'f Lisa Veith Its: Assistant City Attorney ��., -. • . i ` • � CITY COUNCIL 1999 By: ' /y`'� Its: esi nt [y OFFICE OF FINANCIAL AND MANAGEMENT SERVICES aq-��y EXHIBIT A RELEASE Definitions. i intend all words used in this Release to have their plain meanings in ordinary Englisfi. Technical legal words are not needed to describe what I mean. Specific terms 1 use in this Release have the foflowing meanings: A. I, me, and � include both me, Renee Indehar, or anyone who has or obtains any legal rights or claims through me. B. Emplover, as used herein, shall at a{I times mean The City of St. Paul and any of their respective facilities, related corporations, a�(iates, associated entities, Board Members, subsidiaries, successors and assigns, predecessor companies, predecessor or management companies and the present or former officers, directors, agents, employees, attorneys, whether in their individual or official capacities, and the current and former trustees or administrators of any pension or other benefit plan applicable to the employees or former employees of the Employer, in their officia( and individual capacities. C. My Claims mean ali of the claims of any kind whatsoever I have now against Empioyer, regardless of whether I now know about those cfaims, in any way related to my employment with or termination from the Employer, including, but not {imited to, MDHR Charge No. 27283, ciaims for invasion of privacy; breach of contract; fraud or misrepresentation; violation of the Minnesota Human Rights Act, Title VII of the 1964 Civil Rights Act, the Fair Labor Standards Act, the Americans With Disabilities Act, the National Labor Relations Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, all as amended, Minn. Stat. § 181.932, or any other federa{, state, or local statutes, laws, ru4es, regulations, ordinances or orders, including but not limited to those civil rights laws based on protected class status; assault, battery, defamation, intentional or negligent infliction of emotional distress; breach of the covenant of good faith and fair dealing; promissory estoppel; negligence; and afl other claims for unlawful employment practices, and all other common law or statutory c{aims. I understand that 1 am not releasing claims under the Age Discrimination in Employment Act which arise after the date on which I sign this Release and the Agreement to which it is attached. Aqreement to Release Mv Ciaims. I agree to give up aii My Claims and a11ow the Minnesota Department of Human R+ghts Commissioner to dismiss a!I my charges against Employer in exchange for the consideration paid by the Employer. I will not bring any additional lawsuits, file any additional charges, complaints, or notices, or make any other demands against the Employer based on My Ciaims. This includes ��-34� raising any factual issues upon which My Claims were based in any future proceeding. The consideration 1 am receiving is full payment for the release of all My Ciaims. Emp{oyer does not owe me anything in addition to what is identified as consideration in the attached Settlement Agreement. Additional Apreements and Understandinc7s. Even though the Employer is paying me to release My Claims, and the MDHR found probable cause for my charge, I understand and acknowledge that the Employer does not admit that it may be responsible or 4egal4y obligated to me for my Claims against it. In fact, the Employer expressly denies that it or she is responsible or legally obligated for My Claims or that it or she has engaged in any wrongdoing. I am also hereby advised to consult with an attorney before I sign this Release and the Agreement to which it is attached. Acceptance Period. 1 have been informed that the terms of this Agreement shafl be open for acceptance by me for a period of at least twenty-one (21) days after the date set forth above, during which time I may consider whether or not to accept this Agreement and seek counsel to advise me regarding the same. Right to Rescind and/or Revoke. I have the right to revoke this Agreement only insofar as it extends to potential claims under the Age Discrimination in Employment Act by informing Employer's Counsei (identified below) of my intent to revoke this Agreement within seven (7) calendar days following my execution of it. I 4ikewise have the right to rescind this Agreement only insofar as it extends to potential claims under the Minnesota Human Rights Act by written notice to Employer within fifteen (15) calendar days following your execution of this Agreement. Any such rescission must be in writing and hand-delivered to Employer or, if sent by mail, postmarked within the applicable time period, sent by certified mail, return receipt requested, and addressed as fol{ows: Lisa Veith, Assistant City Attorney, O�ce of the City Attorney, Civil Division, 4Q0 City Hafl, 15 West Kellogg Blvd., St. Paul, MN 55102. I agree that if I exercise any right of rescission or revocation, Employer may at its option either nullify this Agreement in its entirety or keep it in effect as to all claims not rescinded or revoked in accordance with the rescission or revocation provisions of this Agreement. ln the event Employer opts to nul4ify the entire Agreement, neither I nor Employer will have any rights or obligations whatsoever under this Agreement. I have read this Release carefully and understand ali its terms. I have reviewed this Release with my own attorney. in agreeing to sign this Refease, I have not relied on any statements or explanations made by Employer or their attorneys. E:3 qq-34y 1 understand and agree that this Release and the Settlement Agreement to which it is attached contain all the agreements between Employer and e. We have no other written or oral agreements. Dated: , 1999 1"f I.�J�L Subscnpe and swor to tse re me this � day of , 1999. �i�,,`�-�� /�,�:.� Notary Public •� DAWPI M. ODEGARD � � qOiARYPUBLIC—A1INNESOTA ny Coma E�Ires Aan. s�. z000 E 9q- 3�� Council File # ORIGINAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # �� Presented Sy Referred To �� Committee: Date 1 RESOLVED, that upon execution and delivery of a release in full to the City of Saint 2 Paul, the proper City officers are hereby authorized aud directed to pay out of the Tort Liability 3 Fund 09070-0511 to Renee Indehar the sum of $25,000.00; to be issued, at Indehaz's request, in 4 the form of a draft of $18,000.00 to Renee Indehar and a draft of $7000.00 to her attorney 5 Carolyn Guy; in full settlement of her claim of employment discrimination against the City of 6 Saint Paul. Requested by Department of: City Attor �y BY: t�1's� �°, ?%uu�i Form Approved by City Attorney Adoption Certified by Council Secretary By: � . \"'� Approved by MC�� / 3� � � . � By: Adopted by Cossncil: Date 1��.l,.—_.�� d \� T�� t BY: �iS�c. �• U�[A� EPAflTMENLOFFICE/CAUNC City Attorne JNTACT PERSON & PHONE Lisa Yeith, �t`l -3 �� < DATEINITIATED GREEN SHEET N° 25573 4-l6 - 9 9 INITIAUDATE INfTIAVDATE — ODEPARTMEMDIFECTOR �CITYCOUNCIL ASSIGN � CITYATTORNEV CRV CLEqK NUMBEB FON ❑ BUDGET DIRECTOR FIN. 8 MGT. SERVICES OIR. HOUTING OHDEH � MpYOR (OR ASSIST t� ❑ TOTAL # OF SIGNATURE PAGES (CLtP ALL LOCATIONS POR SIGNATURE) Authorization £or payment to settle employment discrimination claim. Aqxrne (A) or Rejec[ (Fh _ PLANNING COMMISSION _ CIVIL SERVICE _CBCOMMITfEE __ _ STAFF _ __ DISTRlC7 CAURT _ SUPPOFTS WHICH COUNd� O&IECTNE? PERSONAL SERVICE CONTHAC7S MUST ANSWER 7HE FOLLOWING �UESTIONS: 1. Has this person�rm ever worked under a contract for this department? ' YES NO 2. Has this person/firm ever been a ciry employee? YES NO 3. Does this persoNf{rm possess a skilf not normally possessed by any current ciTy empbyee? VES NO Explafn all yes answers on separete shcet antl attach to green sheet INITIATING PROBIEM, ISSUE, OPPOflTUNITY(Who, Whaq When, Where, Why)� j]'j1S matter addresses settlement Of� 'dYl employment C11S� crimination cl�im brougnt b�• Penee Indehar, who is employed in the Communications Center of the St. Paul Police DeAartment. In June and Dctober of 1995 and'in June of 1996 the Police Department posted an opening £or the position o£ Communication Services and Maintenance Mana, Indehar applied eac� ti�e the �osition was posted. Each time the posting with withdrawn and the test cancelled. In September of 1996 Indehar in£ormed her supervisor she would be absent from work fros ADVANTAGESIFAPPROVED: pOSltilOT1 W2.S IJOS�ieCl 2.g21Il on-�November 8 , 1996 and the t'.@Sti sched.uled £or December 9, "�996. In@ehar requested that the test be postponed until she returned to work, the Department of Human Fesources and the Police Department refused to postpone it for more a£ew days. Indehar then £iled a charge with the Minnesota Department o£ Hvman Rights, clai the test scheduling pattern amounted to discrimination on the basis of disability and sexual orientation. Following an investigation, the Department of Human Rights issued a£inding o£ probable cause on the charge. The parties were unable to sett7.e at a mediation session. In the meantime Indehar brought internal af£airs complaints alleging a hostile working environm DISADVANTAGESIFAPPROVED: uuc �V iicr ��.auagcuuci ova�uv. The Department of Huma,n Rights certified this claim as complex, due to complex issues of fact and substantially new issues o£ discrimination law. The number of times the test was schedul� and withdrawn before it actually took place, and the latter's timing with Indehar's absence, could possibly be inferred by a£actfinder as discrimination rather than coincidence. If the case were not settled, Indehar could £ile a civil suit in either state or £ederal district court, and defense wou�d very likely requ3re substantial litigation resources. A discrimin- ation claim has no liability cap and it is dif£icult to predict the eventual outcome. i4ore- DISADVANTAGESIFNOTAPPROVEO. OV2T� even a uuni.ma awar in n e ar s avor c again�tthe City for attorneys £ees. In Januarg 1999 Indehar offered to settle all claims by resigning from her position in exchan, For a pa�ent o£ �23�+,000. The parties have now reached an agreement to settle the matter fo a payment of $25,000, in return for Indehar's agreement to (1) dismiss the Hvman Rights claim (2) waive all rights to pursue elaims in any way related to her employ�ent with or resi�natio: £rom the City, and (3) resign from her position and re�'rain from app]ying' £or any position wi the City for a period of two years. This office recommends se�tlement under the terms propo TOTALAMOUNTOFTFANSAC710N $ 2 5 � OOO. OO FUNDIfdGSOURCE Tort Liability Fund FWANqAL MFORMATION� (EXPLAIN) COSLREYENUE BUDGETED(CIRCLE ONE) YES NO NUMBER ���� � al`l - 3 ��l SETTLEMENT AND RELEASE AGREEMENT This Settlement Agreement ("Agreement°) and Release which is attached hereto and incorporated by reference herein as Exhibit A("the Release") are made by and between Renee Indehar, on behalf of herself, her agents, heirs, executors, administrators, attorneys and successors ("Indehar"), and The City of St. Paul, and their respective facilities, related corporations, affiliates, associated entities, Board members, subsidiaries, successors and assigns, predecessor companies, predecessor or management companies, present or former officers, directors, agents, assigns, employees, attorneys, whether in their individual or official capacities, delegates, benefit plans and plan administrators, and insurers ("Employer"). WHEREAS, Indehar filed Charge No. 27283 and the Minnesota Department of Human Rights ("MDHR") issued an opinion that Indehar presented probable cause to credit Indehar's allegation of an unfair, discriminatory practice by Employer. WHEREAS, the parties to this Agreement have mutually agreed to settle and resolve all actual and potential claims, threatened causes of action, and matters arising out of Indehar's employment with Employer, and which have been or could be brought against Employer; WHEREAS, the parties to this Agreement have considered their rights, options and alternatives under this Agreement and the attached Release. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS AND ALL OF TNE TERMS AND CONDITIONS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. Consideration. Employer shall, after receipt of a fully executed Separation Agreement and Release, expiration of statutory recission periods, and approval by the Minnesota Department of Human Rights Commissiorter to dismiss the Charge No. 27283: (1) Pay Indehar the gross amount $25,000.00, to be issued in the form of a draft of $18,000.00 to Renee Indehar and, at the request of Indehar, a draft of $7,000.00 to Carolyn Guy, her attorney. The parties agree that the sum to be paid by Employer to Indehar is in settlement of ail of Indehar's actual and potentiai charges, claims and causes of action against Employer which in any way related to hes employment with Employer and arose or couid have arisen at anytime prior to her execution of this Agreement. (2) Employer shall also permit Ms. Indehar to continue the use of the consultation services of City of St. Paul employee Dennis Conroy, in the same manner and to the same extent as is permitted to `�°l -3� y employees of the St. paui Police Department, for a period of six months after the date of this agreement. The extent of Conroy's provision of those services shail be solely decided between Indehar and Conroy, subject to the approval of the City of St. Paul, which approval shall not be unreasonably withheid. Indehar further understands and agrees that this provision in no way creates any specific duty on the part of either Conroy or the City of St. Paul, and hereby specificaliy waives any rights or claims that may arise or could arise pursuant to the provision of those services, with the exception of grossly negligent or criminai conduct on the part of Conroy. Indehar also understands that Conroy is not a party to this contract. (3) Ms. Indehar acknowledges that as a part of consideration for this payment she will terminate her employment with The City of St. Paul effective on the date she receives the settlement proceeds. (4) Ms. Indehar acknowledges and agrees that she will not reapply for employment with The Gity of St. Paul for a period of two years. (5) Ms. Indehar acknowledges that the Empioyer has made no representations as to the taxability of any payment made to her pursuant to the terms of this Agreement. Ms. Indehar agrees that she is fully responsible to any federal, state, or local taxing authorities for any tax consequences, including interest or penalties, that arise out of the payment to her as set forth in Paragraph 1 of this Agreement. The Employer shail issue an Internal Revenue Service Form 1099 to Ms. Indehar and to her attorney Carolyn Guy, Tax ID No. 41-1885054, for the amounts referenced in Paragraphs 1(1) and (2) of the Agreement. 2. ConfidentialitY. It is the intent of the parties that this Agreement be and is confidential. The provision for confidentiality does not apply to any disclosures or communications previously made. Indehar warrants that she has not and agrees that she will not in the future disclose the existence or terms of this Agreement, or the existence or terms of compensation to be paid by Employer to Indehar as part of this Agreement, to any person other than her partner, attorney, tax advisor, or representatives of the E.E.O.C. or the Minnesota Department of Human Rights or the Attorney General's Office, who shall be bound by the same prohibitions against disclosure as bind Indehar, and Indehar shall be responsible for advising these individuals of this confidentiality provision and obtaining their commitment to maintain such confidentiality, unless otherwise ordered to do so by a court or agency of competent jurisdiction. 2 �19-3G�1 Employer similarly agrees not to disclose the existence or terms of this Agreement, or the compensation paid to Indehar, to any person other than officers and directocs of Employer, accountants and auditors, attorneys, tax advisors, Board Members, representatives of the E.E.O.C., or the Minnesota Department of Human Rights, and such other disciosures as may be required by 1aw or a court or agency of competent jurisdiction. 3. Mutuai Retease. in consideration of the compensation paid by and other undertakings of Employer stated herein, Indehar will sign the Release, attached and incorporated hereto as Exhibit A, at the same time she signs this Agreement. It is intended that this Settlement Agreement constitutes and operates as a mutual release of all claims. The Employer fully and finaily releases any and all ciaims, charges, demands, or causes of action which it has or may have against Indehar, pertaining to the facts underlying this Settlement and Release Agreement, whether asserted or not, whether known or not, arising in any way prior to the date Employer signs this Agreement. 4. Dismissal of Charae The Minnesota Department of Human Rights Commissioner agrees to dismiss Charge No. 27283. Ms. Indehar agrees to waive her right to pursuit of any and all other claims against the Empioyer which in any way related to her empfoyment with or termination from Empioyer and arose or could have arisen at anytime prior to her execution of this Agreement. 5. Stipulation of No Charges. Indehar affirmatively represents that she has not filed nor caused to be filed any additional charges, claims, complaints, or actions against the Employer before any federal, state, or local administrative agency, court, or otherforum. Indehar further waives any right to any form of recovery or compensation from any legal action filed or threatened to be filed by her or on her behalf based on her employment or terms of employment with or termination from Employer. 6. Emplovment Verification Inquiries. The Empioyer's response to any and ail inquiries by prospective employers shall be limited to those items set forth in Minn. Stat., Chapter 13, as public information. 7. Invalidi . In case any one or more of the provisions of this Agreement shafl be held invalid, illegal or unenforceable in any respect, the va{idity, legality and enforceability of the remaining provisions contained in this Agreement will not in any way be affected or impaired thereby. 8. Voluntarv and Knowinq Action. The parties acknowledge that each has had sufficient opportunity to review her/its claims and this settlement offer with her/its attorneys, that she/it has read and understands the te�ms of this Agreement and attached Release, and that she/it has voluntarily and knowingly entered into this K °t9 -3 c�t Agreement to resoive any and ali charges, claims, demands or causes of action which she�t now has or may have with respect to the other. 9. Rescission/Revocation. Indehar may consider the terms of this Separation Agreement and Release for up to twenty-one (21) days and may decide to rescind/revoke (cancel) this Agreement within fifteen (15) calendar days of execution of this Agreement with respect to claims under the Minnesota Human Rights Act, and within seven (7} calendar days for claims under the Age Discrimination in Employment Act. Rescission/revocation of any portion of this Agreement wili be deemed to be a rescission/revocation of all of the Agreement. To be effective, lndehar's resc+ssionlrevocation must be in writing and delivered to Employers counsel, either by hand or by mail, within the applicable rescission/revocation period. If sent by mail, the rescission/revocation must be: (a) post-marked within the seven (7) or fifteen (15) day period; (b) properly addressed to: Lisa Veith, Assistant City Attorney, Office of the City Attorney, Civil Division, 400 City Hall, 15 West Keilogg Bivd., St. Paul, MN 55102; and (c) sent by certified maii, return receipt requested. Employer shall not be obligated to provide any consideration to Indehar pursuant to this Agreement in the event Indehar elects to rescind/revoke this Agreement as provided in this Paragraph 11. This Agreement becomes final and binding on the parties upon expiration of the rescission/revocation period, provided Indehar has not exercised her option to rescindlrevoke this Agreement, or notification that the MDHR has approved Ms. Indehar's withdrawal of her Charge, which ever occurs later. Any attempt by Ms. Indehar to rescind any part of this Agreement or Release obligates Ms. indehar to immediately retum all consideration under this Agreement to Counsel for the Empioyer. 10. Governing Law. This Agreement wiil be construed and interpreted in accordance with applicable federal laws and the laws of the State of Minnesota. 11. Lepa1 Counse{ and Fees. Except as provided in Paragraph 1(2) above, the parties to this Agreement agree to bear their own costs and attorneys' fees if any. Indehar acknowledges that she has had the opportunity to be represented by legal counse{ during the negotiation and execution of this Agreement and Refease, and that she understands she will be fuily bound by this Agreement. 12. Beneficiaries. Indehar, and any person or entity included within the definition of "Employe�' above are beneficiaries of this Agreement and may rely on and enforce this Agreement to secure or defend its or hislher rights hereunder. � °�°1- 3 �� 13. Reqresentation. Each of the parties represents that she/it is authorized to enter into the Agreement, and that each of the Pasties is bound by the terms and conditions of the Agreement. 14. Merqer Clause. The Parties each represent and warrant that no promise or inducement has been offered or made except as set forth herein and that the consideration stated herein is the sole consideration for this Agreement. This Agreement is a complete agreement and states fully all agreements, understandings, promises and commitments as between the Parties. RENEEINDEHAR Dated: � , 1999 5 a�-3�� Dated: 1999 CITY OF ST. PAUL Dated: , 1999 Dated: OFFICE OF CITY ATTORNEY Dated: � �� , 1999 By: ��iT0.. (�. �.Cd��'f Lisa Veith Its: Assistant City Attorney ��., -. • . i ` • � CITY COUNCIL 1999 By: ' /y`'� Its: esi nt [y OFFICE OF FINANCIAL AND MANAGEMENT SERVICES aq-��y EXHIBIT A RELEASE Definitions. i intend all words used in this Release to have their plain meanings in ordinary Englisfi. Technical legal words are not needed to describe what I mean. Specific terms 1 use in this Release have the foflowing meanings: A. I, me, and � include both me, Renee Indehar, or anyone who has or obtains any legal rights or claims through me. B. Emplover, as used herein, shall at a{I times mean The City of St. Paul and any of their respective facilities, related corporations, a�(iates, associated entities, Board Members, subsidiaries, successors and assigns, predecessor companies, predecessor or management companies and the present or former officers, directors, agents, employees, attorneys, whether in their individual or official capacities, and the current and former trustees or administrators of any pension or other benefit plan applicable to the employees or former employees of the Employer, in their officia( and individual capacities. C. My Claims mean ali of the claims of any kind whatsoever I have now against Empioyer, regardless of whether I now know about those cfaims, in any way related to my employment with or termination from the Employer, including, but not {imited to, MDHR Charge No. 27283, ciaims for invasion of privacy; breach of contract; fraud or misrepresentation; violation of the Minnesota Human Rights Act, Title VII of the 1964 Civil Rights Act, the Fair Labor Standards Act, the Americans With Disabilities Act, the National Labor Relations Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, all as amended, Minn. Stat. § 181.932, or any other federa{, state, or local statutes, laws, ru4es, regulations, ordinances or orders, including but not limited to those civil rights laws based on protected class status; assault, battery, defamation, intentional or negligent infliction of emotional distress; breach of the covenant of good faith and fair dealing; promissory estoppel; negligence; and afl other claims for unlawful employment practices, and all other common law or statutory c{aims. I understand that 1 am not releasing claims under the Age Discrimination in Employment Act which arise after the date on which I sign this Release and the Agreement to which it is attached. Aqreement to Release Mv Ciaims. I agree to give up aii My Claims and a11ow the Minnesota Department of Human R+ghts Commissioner to dismiss a!I my charges against Employer in exchange for the consideration paid by the Employer. I will not bring any additional lawsuits, file any additional charges, complaints, or notices, or make any other demands against the Employer based on My Ciaims. This includes ��-34� raising any factual issues upon which My Claims were based in any future proceeding. The consideration 1 am receiving is full payment for the release of all My Ciaims. Emp{oyer does not owe me anything in addition to what is identified as consideration in the attached Settlement Agreement. Additional Apreements and Understandinc7s. Even though the Employer is paying me to release My Claims, and the MDHR found probable cause for my charge, I understand and acknowledge that the Employer does not admit that it may be responsible or 4egal4y obligated to me for my Claims against it. In fact, the Employer expressly denies that it or she is responsible or legally obligated for My Claims or that it or she has engaged in any wrongdoing. I am also hereby advised to consult with an attorney before I sign this Release and the Agreement to which it is attached. Acceptance Period. 1 have been informed that the terms of this Agreement shafl be open for acceptance by me for a period of at least twenty-one (21) days after the date set forth above, during which time I may consider whether or not to accept this Agreement and seek counsel to advise me regarding the same. Right to Rescind and/or Revoke. I have the right to revoke this Agreement only insofar as it extends to potential claims under the Age Discrimination in Employment Act by informing Employer's Counsei (identified below) of my intent to revoke this Agreement within seven (7) calendar days following my execution of it. I 4ikewise have the right to rescind this Agreement only insofar as it extends to potential claims under the Minnesota Human Rights Act by written notice to Employer within fifteen (15) calendar days following your execution of this Agreement. Any such rescission must be in writing and hand-delivered to Employer or, if sent by mail, postmarked within the applicable time period, sent by certified mail, return receipt requested, and addressed as fol{ows: Lisa Veith, Assistant City Attorney, O�ce of the City Attorney, Civil Division, 4Q0 City Hafl, 15 West Kellogg Blvd., St. Paul, MN 55102. I agree that if I exercise any right of rescission or revocation, Employer may at its option either nullify this Agreement in its entirety or keep it in effect as to all claims not rescinded or revoked in accordance with the rescission or revocation provisions of this Agreement. ln the event Employer opts to nul4ify the entire Agreement, neither I nor Employer will have any rights or obligations whatsoever under this Agreement. I have read this Release carefully and understand ali its terms. I have reviewed this Release with my own attorney. in agreeing to sign this Refease, I have not relied on any statements or explanations made by Employer or their attorneys. E:3 qq-34y 1 understand and agree that this Release and the Settlement Agreement to which it is attached contain all the agreements between Employer and e. We have no other written or oral agreements. Dated: , 1999 1"f I.�J�L Subscnpe and swor to tse re me this � day of , 1999. �i�,,`�-�� /�,�:.� Notary Public •� DAWPI M. ODEGARD � � qOiARYPUBLIC—A1INNESOTA ny Coma E�Ires Aan. s�. z000 E