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In the Matter of the Disciplinary Arbitration Between
This Settlement Agreement relates to the implementation of an Arbitration Award
received by the parties on August 17, 2016 (attached as Exhibit A) between Grievant,
Harvey Brody and the Employer, the New York State Office of the Medicaid Inspector
The Grievant, Harvey Brody and the Employer NYS Office of the Medicaid
Inspector General are desirous of settling the matter with finality.
WHEREAS, both parties have been represented by counsel; and
WHEREAS, no party to this proceeding is an infant or an incompetent person for
whom a committee has been appointed, and no one not a party has an interest in this
matter; and
WHEREAS, the parties have had all of the terms and conditions of this
Settlement Agreement clearly explained, and now freely consent to enter into this
Settlement, such consent not having been induced by fraud, duress, or any other undue
influence; and
NOW, in consideration of the mutual undertakings and promises contained in this
Settlement Agreement, the parties agree as follows:
1. The Employer agrees to reinstate the Grievant Harvey Brody to the payroll
effective October 20, 2016 with full back pay (subject to applicable

deductions) for the payroll period beginning August 25, 2015 through October
19, 2016. The Employer also agrees to restore leave accruals (personal
leave, holiday, vacation) pursuant to the PEF/State contract that the Grievant
used during the period of his suspension without pay.
2. The Grievant Harvey Brody agrees to file a retirement application within five
(5) business days of the October 20, 2016 reinstatement date with the New
York State Retirement System. Should the Grievant not submit his retirement
application by October 28, 2016 then the Employer will deem him as
resigning effective beginning of business October 31, 2016 and separate him
from employment. (A copy of his irrevocable letter of resignation is attached
as Exhibit B).
3. Grievant shall not be entitled to any back pay beyond the compensation noted
in paragraph 1 but the leave accruals used during the period of his
suspension without pay (June 15, 2015 to August 13, 2015) shall be included
in the calculation of pension benefits per NYS Retirement System Rules. The
Grievant is also entitled to, and hereby elects, to use his sick leave accruals
towards pension benefits and the payment of health insurance premiums in
retirement pursuant to NYS Retirement System rules and/or the PEF/State
4. Grievant Brody agrees to waive any and all claims, causes of actions, or
demands for liability that he may have had up to the date of this Agreement
including without limitation, those arising out of or in connection with the delay
by the Employer in implementing the arbitration award and those arising out
of or in connection with his employment with the State of New York. Brody
further agrees to sign a General Release (attached hereto as Exhibit C)
which provides that he shall forever release any and all claims, including
claims of employment discrimination based upon age pursuant to the Age
Discrimination in Employment Act (ADEA), disability, race, sex, religion,
creed, national origin or any other protected class membership pursuant to
state or federal laws. In consideration of the General Release the Employer
agrees to pay the Grievant compensation for any vacation accruals above the
thirty (30) day PEF/State contract maximum that he would have accrued as of
the date of his separation from State employment.
5. Grievant Brody acknowledges that he has consulted with an attorney with
regard to the General Release prior to signing this Agreement. Brody further
acknowledges that he will be provided a period of at least 21 days,

specifically up to and including November 15, 2016, within which to consider

the release/waiver of any potential ADEA claims.
6. With respect to the release of any potential claims arising under the ADEA,
this agreement shall not become effective or enforceable until the eighth day
following execution, and Brody may revoke this agreement with regard to the
release of any ADEA claims, during the first seven (7) days following its
execution by giving written notice of such revocation by certified mail to:
Dionne A. Wheatley , Associate Counsel, NYS Office of the Medicaid
Inspector General, 800 North Pearl Street Albany, New York 12204.
7. The parties agree that this Settlement Agreement shall not be used as
precedent in any other disciplinary matters between the Employer and PEF.
8. The parties have reached the terms of settlement, which, by virtue of their
execution of the instrument, acknowledges their understanding and
acceptance thereof. Grievant Harvey Brody further acknowledges that he has
been advised of his rights, and he has freely entered into the settlement.
9. The parties will take such other and further steps as are necessary to
implement the terms of this Settlement.
10. The parties agree that a facsimile and/or a scanned email signature will be
accepted as the original.


October _____, 2016

Sussman & Watkins
Attorneys at Law


October ______, 2016

Michael H. Sussman, Esq.
New York State - OMIG


October _______, 2016

Dionne A. Wheatley, Esq.
Associate Counsel