STATE OF NORTH CAROLINA) ) SEPARATION AGREEMENT COUNTY OF BUNCOMBE ) AND GENERAL RELEASE IN FULL ‘THIS AGREEMENT is made and entered into this 141_ day of November, 2014, by and between William J, Anderson (“Employee”) and the City of Asheville, North Carolina (the “City”). For purposes of this Agreement, the City of Ashoville includes the City, its current and former Council members, officers, employees, insurers, agents and representatives, as well as any employee benefit plan or any organization providing insurance coverage for the City's employees. 1. The City and Employee acknowledge that Employee's employment with the City will end with Employee's retirement effective with the close of business on December 31, 2014 (the “Retirement Date”). 2, Following the execution of this Agreement, Employee and the City will issue a joint announcement that Employee is retiring from his position as Chief of the Asheville Police Department, effective with the close of business on the Retirement Date, The parties agree and understand that, subject to the other terms and provisions of this Agreement, Employee shal remain employed by the City in his present capacity through and including the Retirement Date. 3, Inconsideration of the promises made by Employee in this Agreement, including but not limited tothe release of claims in paragraph 4, the City agrees to provide a payment to Employee, that the City is not otherwise entitled to provide, in the amount of $35,000, This payment will be made to Employee within ten (10) days following the Retirement Date. This payment shall constitute fll settlement of any and all claims which Employee may have against the City arising out of or relating to his employment with the City and his retirement therefrom, as described herein. 4, Inconsideration for the payment made by the City in paragraph 3, Employee, forhimself and his heirs, executors, administrators, successors, and assigns hereby releases, aequits and forever discharges the City of and from all claims, whether or not previously asserted against the City. ‘This release specifically includes all claims by or on behalf of Employee against the City, together with aay and all claims which might have been asserted by or on behalfof Employee against the City in any suit, claim or charge on account of any matter or things whatsoever, up to and including the date ofthe execution ofthe Agreement, The claims being released include, but are not Iimited to: (a) all claims related to Employee's employment with City and the termination of same; (6) all claims for additional compensation or benefits, including but not limited to wages, deferred compensation, bonuses, long-term incentive plans, leave periods, or other benefits of any kind; (c) al claims relating to employment practices or policies of City; (d) all claims under any express or {implied employment contract with Employee; and (¢) all claims arising under any state or federal labor or employment statutes or common law, including but not limited to: the National Labor Rel s Act (“NERA”); Title VIL of the Civil Rights Act of 1964; 42 U.S.C. § 1981, § 1983, §1985, and §1988; the Age Discrimination in Employment Act (“ADEA”); the Older Workers Benefit Protection Act (“OWBPA”); the Equal Pay Act; the Uniform Services Employment and Reemployment Rights Act of 1994 (*USERRA”); and the Americans with Disabilities Act (“ADA”), and any amendments thereto. By this Agreement, however, Employee isnot waiving any claims that ‘may not be released in accordance with applicable law. 5, Employee acknowledges that he has received sufficient consideration for his execution of this Agreement specifically including, but not limited to, the release of claims contained herein, Employee further agrees that the payment referenced in paragraph 3 above docs notrepresent pay or compensation for work performed or promised. 6 Inthe event of the initiation of any proceeding by Employee against the City assertinga claim released herein (with the exception of claim under the ADEA or OWBPA), the City shal be entitled to lend this release in bar to any such claim and to assert a counterclaim and defense agsinst Employee alleging breach ofthis Agreement, Bmployee shall indemnify and hold harmless the City of and ftom any and all loss or damage whatsoever, costs and attomeys’ fees incurred in the defense of such proceeding and prosecution of counterclaim. 7, Inthe event that Employee brings a proceeding against the City assertingan ADEA or OWBPA claim released by this Agreement, the City will be entitled to offset any-recovery by amounts already paid under this Agreement or by the amount of Employee's total recovery, whichever is less. Tn the event thatthe City prevails in such an action, the City will be entitled to any and all remedies provided by law. This Agreement does not prohibit or prevent Employee from engaging in activities that are not waivable and protested by applicable federal and state laws, However, with regard to such activities and tothe extent allowed by law, Employee hereby releases the City from and waives Employee's right to seek or recover any form of attomeys’ fees, monetary damages oF monetary relief from the City, by any claim and in any forum, 9, Employee will not bring or assist with bringing, diectly or indirectly, any complaint suit or action against the City, other than an ADEA or OWBPA matter initiated by Employee challenging the validity ofthis Agreement, unless compelled to do so by legal process. Employes agrees to indemnify the ity forall expenses and costs, including attomey’sfes, which tinours 252 consequence of Employee's breach of this covenant. 10, Employee acknowledges and hereby represents tothe City that (a) Employee has no known workplace injuries or occupational diseases; (b) Employee has not suffered any discsimination on account of Employee's age, race, sex, or any other protected characteristics (©)Employee has not suffered any discrimination as a result of Employee's taking or applying to take any military, family ot medical leave, filing a workplace or safety complaint or engaging in any other protected activity; and (4) Employee's protected characteristics and protected activities, fany, have never been a factor in any adverse action taken toward Employee by the City. Employee warrants and represents that Employee knows of no illegal activity on the part of the City or any instance of the City’s failure to comply with all applicable federal and state laws and regulations 11. Employee represents and warrants ‘that Employee has not filed any lawsuits, complaints, or charges based on any ofthe claims released in this Agreement, Employee represents and warrants that Employee is the sole owner of any andall claims that Employee may have, and that Employee has not assigned or otherwise transferred Employee’s right or interest in any claim. 12, Employee shall refrain from making any derogatory, disparaging or negative comments, written or oral, about the City as his employer, to the press, to present or former employees, vendors, or to any individual or entity with whom or which the City has a current or prospective business relationship, or to anyone else which could adversely affect the conduct ofthe City’s business or reputation, The City, in its official capacity, ll not make any statements, written or oral, that defame the personal and /or business reputation of Employee. Nothing in this paragraph probibits Employee or the City from complying with a court order or lawful subpoena that Employee hhas not caused to be issued. Employee hereby represents that he has complied with this restriction against disparaging the City from the time this Agreement was presented to him for consideration up through and including the Date of this Agreement. 13, Employee agrees to cooperate fully with the City in the defense of any claims arising out of and/or relating to Employee's employment with the City, inchuding, but not limited to, any personnel actions in which Employee may have participated.14, Employee agrees that he will return, prior tothe close of business on Retirement Date to the City Manager or his designee, in good condition, all property ofthe City in his possession including, without limitation, whether in hard copy or other media, property, documents, and/or all other materials belonging to the City. In addition, all keys to property of the City or any vebicle owned by the City, and any credit cards, computers, cellular telephones or other like property must be retuned to the City Manager or his designee. 15, ‘Theexistence and execution of this Agreement shall not be consideréd, and shall not be admissible in any proceedings, as an admission by the City, or its agents or employees, of any liability, error, violation or omission. 16. Employee acknowledges that his waiver of rights and claims under this Agreement includes a waiver of rights and claims under the ADEA and OWBPA, and that the waiver and release ofall other rights and claims set forth in paragraph 4 are made knowingly ‘and voluntarily. Employee acknowledges that he has been given a period of at least twenty-one (21) days to consider the provisions ofthe release stated above, and to consult with Employee's atfomey prior to making @ decision to sign this document. Employee further acknowledges thatthe City has not pressured or coerced Employee to execute this Agreement prior to the expiration of twenty-one (21) days from the date it was furnished to Employee and that any decision to execute this Agreement prior to such time has been made freely and voluntarily. Employee certifies he has been advised to consult with an. attomey regarding the legal consequences of the execution of this Agreement. 17, Employee acknowledges further that he understands that hé has seven (7) days after signing this Agreement within which he ean revoke his acceptance of it and that this Agreement will not become effective until after the seven (7) day period for revocation has passed. Employee may only revoke acceptance of this Agreement by delivering a signed notice of revocation tothe City‘before the end of the seven (7) day period, ‘The notice shall be addressed and/or delivered to the attention of Gary Jackson, City Manager, City of Asheville, 70 Court Plaza, Asheville, NC 28801. Upon delivery of a timely notice of revocation, this Agreement will be null and void. 18, Inthe event that Employee violates the terms of this Agreement then Employee shall forfeit any payment to which Employee may be entitled hereunder and, within thirty (30) days of a vititten request of City, shall reimburse City for any payment paid to Employee hereunder. 19. | Inthe event that the City institutes legal action against Employee on account of a breach or alleged breach of this Agreement (with the exception of an action brought under the ADEA. or the OWBPA), the City shall be entitled to recover all amounts paid and to recover its attorneys" fees and costs together with such other legal and equitable relief as the court shall allow. 20, Employee hereby represents that he has carefully read and completely understands the provisions ofthis Agreement and thathe has entered into this Agreement voluntarily and without any coercion whatsoever, and in order to receive the payment set forth herein not otherwise owed to Employee by the City. Employee also acknowledges that the Agreement is lawful and valid in all respects. 21. Any waiver or consent from the City with respect to any term or provision of this ‘Agreement or any other aspect of Employee's conduct or employment shall be effective only inthe specific instance and for the specific purpose for which given and shall not be deemed, regardless of frequency given, to be a further or continuing waiver or consent, The failure or delay of the City at any time or times to require performance of, orto exercise any of its powers, rights or remedies with respect to, any term or provision of this Agreement or any other aspect of Employee’s conduct or employment in no manner (except as otherwise expressly provided herein) shall affect the City’s right at a later time to enforce any such term or provision,22, This Agreement contains the entire agreement between the City and Employee and supersedes all prior agreements relating to the subject matter hereof, and may be changed only by & ‘writing signed by the parties hereto, Any and al prior representations, statements and discussions regarding the subject matter of this Agreement have been merged into and/or replaced by the terms of this Agreement. 23, _ Yfany term or provision of this Agreement is determined to be in conflict with any lav invalid or otherwise unenforceable, such invalidity or unenforceability shall not impair or affect any other term or provision of the Agreement, 24. For the purpose of this Agreement each term stated in either singular or plural shall include boti the singular and the plural, and pronouns stated in either the masculine, the feminine or the neutral gender shall include the masculine, feminine and neuter. 25. This Agreement shall be binding upon and shall inure to the benefit of the parties and each of their respective successors, heirs and assigns. 26. This Agreement shall be construed, interpreted, governed and enforced in accordance with the laws of the State of North Carolina, 27. For the purpose of enforeing the promises and covenants in this Agreement, the parties agree that subject matter jurisdiction and venue properly lies in the United States District Court for the Western District of North Carolina in Asheville, North Carolina and/or the Buncombe County, North Carolina Superior Court 28. Nothing in this Agreement limits Employee’s rights to vacation and other benefits to which he is entitled under City policy upon retirement.Thave read this Agreement; I understand its terms and conditions. I have not been coerced into signing this Agreement, and I voluntarily agree to abide by its terms because they are satisfactory to me. No promise or inducement of any kind has been made to me by the City or anyone else to cause me to sign this Agreement, I acknowledge that the payment in the amount of $35,000 that I will receive as a result of signing this Agreement is adequate and the only consideration for this Agreement. el ‘lis rst Date STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE I WULLsev. _, aNotary Public of the county and State, do hereby certify that ‘William J. Andetson personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal this_14"" day of _Vovembur —,20_14! Notary Public Weagpietin, Paudiser Printed Name:_M Burleson My Commission xpi SotoCITY OF ASHEVILLE Exe Aol Af 4 [zou Esther Manheimer Date Mayor of the City of Asheville iy, ae DER Gi Wn, SF Notary Public “ ‘= Buncombe County= STATE OF NORTH CAROLINAES, MY Commision F x z es COUNTY OF BUNCOMBE 3 oatae AT? i, hoe Alaearb /Hanae\vbic of the county and State, do hereby certify that Esther Matheimer personally appeared betdlU'H® this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal this IU day of _[Novemmbe 2014 Notary Public ia Printed Name: Sehn ont chat My Commission “ho A b3/o7/2018@ __