GENERAL RELEASE AND SETTLEMENT AGREEMENT This General Release and Settlement Agreement (hereinafter “Agreement’) is made this day of June 2009, by and between the TOWN OF MADISON (hereinafter referred to as the "Town") and PAUL JAKUBSON (hereinafter referred to as “Jakubson" Wherever used in this Agreement, the term “Town” shall include all officials, whether slectod, appointed or otherwise, officers, members, employees, agents, representatives, Successors and assigns of the Town, including its Board of Police Commissioners, in their individual and/or official capacities. The Town and Jakubson are sometimes referred to herein collectively as the “Parties” or individually as a “Party.” WHEREAS, Jakubson is employed by the Town as the Police Chief for its Police Department; and WHEREAS, the parties wish to terminate their employer-employee relationship; and NOW, THEREFORE, for the purpose of fully and finally resolving all matters and Gisputes arising out of Jakubson’s employment, and in consideration of the mutual promises and covenants contained herein, the Town and Jakubson acting of their own free will, hereby agree as follows: 1, Jakubson hereby voluntarily and irrevocably resigns from employment with the Town effective July 1, 2009 for purposes of retirement and has executed the ~ Voluntary and irrevocable resignation letter annexed hereto as Exhibit A. 2, The Town shall continue Jakubson’s present base salary, in bi-weekly installments, through July 1, 2009. Jakubson agrees not to file for unemployment benefits, and should he do so, the Town shall be entitled to an offset against any payments due hereunder to the extent of any unemployment benefits received by Jakubson. 3. The Town shall pay Jakubson for any accrued benefits (Le. vacation, sick leave, Uniform allowance) owed to him under the Summary of Fringe Benefits and Compensation Agreement (‘Summary Agreement") through July 1, 2009. The Town also agrees to pay Jakubson, any and all benefits he is entitled to under the Summary Agreement as a retiring member of the Madison Police Department, including pension and health insurance benefits under the Police Pension Plan and Police Medical Retirement Plan. The parties agree that except as set forth herein that the Summary Agreement between the Parties is terminated effective July 1, 2009 and that it provides Jakubson with no compensation or benefits after July 1, 2008, 4. In addition to the foregoing, which Jakubson is entiled to as a retiring member of the Police Department, and as consideration for the various covenants, waivers and undertakings set forth hereinafter, the Town shall pay $41,000 to Jakubson on each j00282202.006 Ver 1of the following dates: January 1, 2010; January 1, 2011; January 1, 2012; and January 1, 2013, subject to any required withholdings. The Town shall pay on Jakubson’s behaif life insurance premium, which will provide term fife insurance in the amount of $100,000, until Jakubson reaches seventy years of age. The total annual cost to the Town shall not exceed $9,000, for fiscal years 2009-10 through 2012-13, and not more than $10,000 per year thereafter, This Agreement, and the Parties obligations hereunder, shall be conditioned upon the Madison Board of Police Commissioners withdrawing all disciplinary charges that are pending against Jakubson before the Board of Police Commissioners. For the consideration provided in the above paragraphs, Jakubson for himself and for his heirs, executors, administrators, personal representatives and assigns, KNOWINGLY, IRREVOCABLY, AND UNCONDITIONALLY RELEASES AND FOREVER DISCHARGES the Town from any and all grievances, claims, demands, obligations, damages, liabilities.and causes of action, including, but not limited to, claims and causes of action for wrongful discharge, tort, defamation, breach of contract, and causes of action and claims or causes of action under Title Vil of the Civil Rights Act of 1964, 42 U.S.C. §§2000e et seq., the Civil Rights Act of 1991, 42 U.S.C, §§1981, ef seq., Section 1983 of the Civil Rights Act, 42 U.S.C. §1983, the Connecticut Fair Employment Practices Act, Conn. Gen, Stat. §§46a-58 ef seq., the Americans with Disabilities Act, 42 U.S.C. §§12101 et seq., the Age Discrimination in Employment Act and Older Worker Benefit Protection Act, 29 U.S.C. §§621 ef seq., the Connecticut Whistle Blowers’ Act, Conn. Gen. Stat. §31-51m, the Provisions of the Connecticut General Statutes concerning the payment of wages, Conn, Gen. Stat. §§31-58 et seq., and Conn, Gen. Stat. §§31-70 et seq., the Fair Labor Standards Act, 29 U.S.C. §§201 ef seq., and all other federal, state and local laws, ordinances or regulations, in law or in equity, which Jakubson now has or ever had against the Town, or which Jakubson hereafter shall or may have, for any losses, injuries or damages (including back pay, front pay, liquidated, compensatory oF punitive damages, attomeys' fees and litigation costs), resulting from and/or arising out of or in any way connected with Jakubson's employment. Notwithstanding the foregoing, Jakubson does not hereby waive any claims he has for benefits pursuant to Chapter 568 or Section 7-433c of the General Statutes of Connecticut. The Town and Jakubson expressly acknowledge and agree that the consideration provided herein is solely for the purpose of amicably resolving any dispute arising Out of Jakubson’s employment with the Town. The Parties further understand and agree that this Agreement does not constitute an admission by the Town that the Town is in any way liable to Jakubson or that the Town harmed or damaged Jakubson or violated any. fights he may have or in any respect treated him unfairly ‘or unlawfully. Nor does it constitute an admission by Jakubson that he has violated any state, federal or local law, code of ethics or any rule or regulation of the Madison Police Department or Madison Board of Police Commissioners, 100220125 BO Ver.9. 10. 1. 12, 13. 14, Jakubson agrees to cooperate and participate fully if needed by the Town in current and/or future Itigation, including but not limited to labor arbitration, municipal prohibited practice hearings; and court-related actions, As such, Jakubson agrees to testify for the Town as needed without further compensation: provided, however, he shall be reimbursed for out of pocket expenses incurred in connection with his obligations hereunder approved in advance by the Town. In addition, Jakubson agrees that he shall be available by telephone to assist the Town with matters that he handled while employed by the Town. Jakubson agrees that neither he nor his immediate family members, attomeys, auditors, agents, members, officers, assigns, employees, heirs, successors or representatives, will publish, publicize or disseminate, or cause to be published, publicized or disseminated in any manner, this Agreement, the terms thereof, or the discussions resulting herein to any third party, including, but not limited to, the news and communications media or any agents thereof, excepting such disclosure that Jakubson may make to his attomeys, auditors or tax planners, or any disclosure Jakubson makes to any judicial or quasi-judicial proceeding or pursuant to a lawfully issued subpoena or court order, or in compliance with any state or federal law, or any disclosure made by Jakubson for the purpose of enforcing the terms of this Agreement, should the Company fail to comply with its terms. Jakubson affirmatively states that he understands that he is entitled to have a period of twenty-one (21) days to consult with an attomey and consider this Agreement, and has in fact consulted with an attorney, and that if he signs this Agreement prior to the expiration of such twenty-one (21) days, he does so voluntarily and of his own free will Jakubson affirmatively states that he has a full understanding of the contents of this Agreement and the effects thereof; and that he has executed the same voluntarily and of his own free will, without any coercion. The Parties acknowledge that for a period of seven (7) days following execution of this Agreement, Jakubson shall have the right to revoke in writing his assent to this Agreement, in which case the provisions of this Agreement shall become null and void The Town and Jakubson expressly acknowledge and agree that they will not make any claim or demand and each of them hereby waives any rights that any of them may now have or may hereafter have or claim to have, based upon any alleged oral alteration, amendment, modification or any other alleged change in this Agreement, that the validity, effect and operation of this Agreement shall be determined by the laws of the State of Connecticut; and that there is no written or oral understanding or Agreement between them that is not recited herein. 100232222 DOC Wer 1