You are on page 1of 6


This Separation Agteementand Release ("Agreemenf') is between Dale McConnick ("McCormick'') and the Maine State Housing Authority ("MaineHousing''). The Agreement is a result of negotiations

between the Board of Commissioners ("Board'') ofMaineHousing and McCormick to resolve any disputes between the parties. McCormick is currently employed as the Director of Maine Housing and her term expires on February 3, 2014. McCormick is resigning from her employment with MaineHousing on the date and under the terms provided in this Agreement 1. Payment. In consideration of the acceptance of the terms of this Agreement and of

McConnick's forfeiture of the remainder of her term as Director of Maine Housing, MaineHousing agrees to pay McCormick severance equal to one year of her most recent base salary to be paid in equal installments over the course of the one year severance period in accordance with MaineHousing's regular payroll schedule. Each payment shall be subject to all applicable federal, state, and local withholdings and deductions. Provided McCormick MaineHousing timely elects to continue her health insurance coverage pursuant to COBRA, COBRA medical premiums for her and her dependents for as defined in paragraph 2 below, to remain in or (b) when McCormick receives comparable McCormick agrees

shall pay McCormick's

the coverage in effect as of the ResignationDate, effect until the earlier of (a) September 30,2013,

medical insurance coverage for her and her dependents from another employer.

that the severance payments referenced above include any and all amounts owed McCormick for all accrued earned time of any kind that she does not use prior to or on the Resignation Date. McCormick agrees that, if at any point there is a determination by a state or federal tax authority that

withholdings on the severance payments have been insufficient, McCormick is responsible for paying such insufficiencies and agrees to indemnify and hold MaineHousing harmless for such insufficiencies, including


MaineHousing. McCormick. successors. the "Releasees"). its past and present employees. wrongdoing or liability. The parties agree that the :firstseverance payment shall not be made until the first regular pay day following her Resignation Date. McCormick acknowledges that she has delegated all of her powers and duties as Director to Peter Merrill. The parties agree that McConnick shall not accrue any benefits of any kind following the Resignation Date. in consideration of the severance payments and or McCormick and that both benefits referenced in paragraph 1 of this Agreement. The Board and the Director have concluded that it is in the best interests of the housing authority and the people of Maine that they reach an agreement on an early end to the Director's term. executors. debts. 3. McConnick agrees to resign from her position as Director effective March 31. No Liability. Date of Resignation. demands. accounts.1 2 . causes of action.2012 (the ''Resignation Date"). It is further understood and agreed by the parties that this Agreement and the mutual promises and releases herein are not and are not to be construed as an admission of error. 5. representatives. directors. MaineHousing has a number of new board members with different policy perspectives. 2012. releases and forever discharges for herself and her heirs. McCormick will be on vacation leave through the Resignation Date." 4. contractors acting in the interest of MaineHousing . administrators. BOOlS499. dues.penalties or interest if any. grievances. McConnick and Mainel-lousing will jointly issue a has resigned from her position as statement about McCormick's departure as follows: "McCormick Director of Maine Housing. the sufficiency of which is hereby acknowledged. suits. attorneys. after seven years of dedicated service. insurers. and independent of and from all agents. hereby remises. commissioners. (collectively. 2. wrongdoing or liability on the part of either MaineHousing parties expressly deny any such error. Statement of Departure. officers. Release and Discharge. sums of money. actions. effective March 31. successors and assigns.

the Rehabilitation Act.C. tort claims. covenants.. § 621 et. interest or costs under state. federal or local law. 26 M. 42 U. state or local law. or any other federal. and this Agreement does not expand. damages.R. Title VII of the Civil Rights Act of 1964. promises. seq. C. omissions. the Age Discrimination in Employment Act.. including. doings.S. civil rights claims or claims for attorneys fees. both in law and equity of whatsoever kind or nature. § 591 seq.. McCormick agrees and acknowledges that this Agreement does not limit the power of any state or federal watchdog agency or investigative body of the state or federalgovemment such as but not limited to OPEGA or HUD to audit and investigate to take action based on that audit Maine Housing and for any such agency or body or MaineHousing or investigation. § 626 (f). 6. bonds. foreseen and unforeseen events from the beginning of time until the date of execution of this Agreement which arise from or could arise from or which relate directly or indirectly to McCormick's employment with MaineHousing.S.S. and liabilities whatsoever.S. arising from or by reason of any and all known and unknown. McCormick reserves to herself her vested Maine Public Employees Retirement System benefits. to the full extent such claims may be released by law. waive or affect in any way her substantive or procedural rights with regard to such benefits. § 2601 et seq. variances.S.R. wrongful discharge claims. 29 U. reduce.reckonings. executions.A.C. without limitation. contracts. the Americans with Disabilities Act. 26 M. the Federal Family Medical Leave Act. discrimination B0015499. McCormick has no charges of or grievances currently pending before any administrative body relating to her 3 . the Older Worker Benefit et Protection Act.A. contract claims.S. agreements. § 831 et seq. the Maine Whistleblower's Law.C. the Maine Family Medical Leave Law. This release includes any and all claims created by or arising out of or relating in any way to McCormick's employment with Maineflousing. modify. controversies. specialties. extents. 29 U.l Administrative Charges or Grievances.. the Maine Human Rights Act. 29 U. including claims of discrimination. § 1983.

Its terms are contractual and not a mere recital. 7. Remedies for Breach. 8. 9. McCormick acknowledges that she has done so voluntarily and. Assignment. Should MaineHousing fail to pay the severance payments described above in paragraph one. damages. including. entity. Entire Agreement. to remedy the breach. or other legal relief as appropriate.employment with MaineHousing and covenants not to bring any charge or grievance before any such administrative body. McCormick warrants that she has not assigned or transferred to any person. the Civil Service Appeals Board.1 4 . In the event any party breaches this Agreement. including but not limited to reasonable attorneys' fees. Voluntary Release. or fail to pay them on a timely basis. If legal action is commenced to enforce this Agreement. this paragraph eight is intended to include the right of McCormick to take action and recover her costs of collection. without limitation. or amendment of BOO15499. This Agreement contains the entire agreement between and among the parties. the other party may seek such injunctive relief. illegal or otherwise unenforceable. the Maine Human Rights Commission. legality and enforceability of the remaining portions will not be affected or impaired. then the prevailing party shall be entitled to reasonable attorneys' fees and costs. 10. modification. representation. If any part of this Agreement is invalid. McCormick acknowledges that she has been advised to consult with counsel and has done so and has determined to enter into this Agreement freely and willingly. the Equal Employment Opportunity Commission or any other federal or state administrative body. in executing this Agreement. the validity. or party the claims being released and that she is the sole party-in-interest with respect to the claims released. inducement or promise not set forth in this Agreement. No waiver.that she is not relying upon any statement. No promise or inducement has been offered or made except as set forth in this document and.

McCormi:ck acknowledges that this Agreement is written in a manner that she W1ders~4s. has been advised by counsel about it and signs it as her own free and voluntary act. ADEA Release. or provision of this Agreement shall be valid or have any force or effect unless made in writing and signed by the parties. All signatory parties must read it in full before signing. 2012.any term. shall not become effective until the expiration of this seven day revocation period. McCormick acknowledges and agrees that she has carefully read the foregoing document. McCormick has seven (7) days after this Agreement is executed to change her mind and revoke it. signs her name as her free act and deed this Z0 day of March. including potential claims pursuant to the Age Discrimination in Employment Act and/or the Older Workers Benefit Prot~ction Act of 1990. McCormick has twenty-one (21) days from receipt of this Agreement to review its terms and determine whether to sign it. 80015499.1 5 . This Agreement contains a final general release of claims. This Agreement IN WI1NESS 11IEREOF. 11. the said McCormick has read the foregoing Agreement carefully and has had the opportunity to and has consulted with counsel and knowing and understanding its contents.The parties both acknowledge that the consideration set out in the Agreement is adequate and sufficient both for the purpose of this ADEA release as well as for entering into the Agreement. condition. Any such revocation must be submitted in writing to the Chief Counsel of the Maine State Housing Authority within seven days after McCormick signs this Agreement. By law. She understands that she may voluntarily choose to sign this Agreement at any time prior to the expiration of the 21 day period.