GENERAL RI PARTIES ‘THIS SETTLEMENT AGREEMENT, GENERAL RELEASE AND WAIVER (hereinafter referred to as "Agreement”) made this 10 day of January, 2017, by and among the Township of Wall with offices located at 2700 Allaire Road, Wall Township, NJ 7719 (hereinafter “Township”), and William Fitzpatrick (hereinafter “Fitzpatrick”, residing at 2004 Millpond Court, ‘Wall Townshi NJ O7TI9; TN) WHEREAS, Fitzpatrick, has been employed in good standing with the Township from October 15, 2012 through the present; and WHEREAS, Fitzpatrick and the Township desire to resolve all outstanding issues with regard to Fitepatrick’s employment with the Township; and WHEREAS, the parties have agreed to settle all claims, and desire and intend to momorialize such settlement by entering into and executing this Settlement Agreement, General Release and Waiver;NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the parties agree as follows: 1. Consideration, ‘The Township agrees to continue paying Fitzpatrick's salary and benefits through the end of his term (June 30, 2017), however Fitzpatrick shall not report to work for the duration of his Township employment. In the event that Fitzpatrick shall obtain any employment that he did not hold prior to the effective date of this Agreement (January 10, 2017), the Township will reduce Fitzpatrick’s salary in the amount of any compensation earned in his additional employment from the date that Fitzpatrick commences said employment until June 30, 2017 accordingly, ‘The ‘Township further agrees to compensate Fitepatrick for all 2017 accrued and prorated vacation time in his vacation bank as of June 30, 2017; said payment shalt be made in accordance with the regular payroll practices of the Township on or about June 30, 2017. 2 Severance of Employment Relationship. Fitzpatrick agrees to submit an imevocable letter of resignation in good standing to the Township effective June 30, 2017 immediately following the execution of this Agreement, 3 Dismissal of Claims, Fitepatrick shall dismiss, with prejudice, in their entirety, any and all claims against Township and/or any of the past or present officials, employees, departments, agents, servants, or representatives of Township, individually and in their offieial capacities, jointly and severally, asserted by Fitzpatrick, The Township shall dismiss eny and all causes of action currently ment, including but not limited 10 pending against Fitzpatrick following the execution of this Agr «certain pending disciplinary charges and certain changes pending before the Department af Community Affairs Local Finance Board with prejudice, 4 Release and Discharge, This Agreement shall constitute a full and final release and discharge (the "Release" of any and all claims, rights or causes of aetion, whether known or unknown, Fitzpatrick may have against the Township and any claims that the Township has against Fitzpatrick,‘including but not limited to any department of the Township, any past or present officer or employee of the Township, and any of the Township's agents, employees or servants individually or im their Joint officiel capacity, (individually and collectively the "Releasees"). The Reteuse shall upply to any tnd all claims, rights, demands, eauses of action, obligations, damages, expenses, compensation, or tion of any kind, nature, character or description that Fitepatrick hnd or could have raised against Releaseas and/or any claims that the Township could have raised against Fitapatick, inchuding those Fitzpatrick andlor the Township may not be aware of and those not mentioned in this Agreement including, but uot limited to, any and all lai arising from or relating in any way to Fitzpatrick's ‘employment with the Township, and/or participation in and/or the termination thereaf, any employee ‘bonefits, compensation or other terms of employsnent, arising from or relating in any way to the elaimns that were or could have brought. The Release includes, but is not limited to, any claim, demand, cause of action, obligation, damage, complaint, expense, compensation, of action of any kind, nature, character, or description, whatsoever, arising out of or under any Federal, State, or municipal statue, ‘ordinance or other law (whether common law, decisional law, or statue), rule, regulation, contract, collective burguining agreement, executive order, or policy, including but not limited to any claim for attorneys" ees and costs; any claim in tort, such as filore to promote retaliatory flue to hire, failure ‘0 accommodate, constrictive discharge, violation of public policy, emotional distress, defamation, slander, libel or false imprisonment; in contract, whether express or implied; under any Township polioy, procedure or benefit plan for attorney's fees, back pay or font pay or unpaid wages of any kind; and under any feral, state oF local law or ordinance, including, but not limited to, the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 621 el seq. ("ADEA"); Title VIL of the Ci Righls Act of 1964, as amended, 42 U.S.C, 2000 et seq. (“Title VII"); the Reconstruction Era Civil Rights Act, as amended. 42 U.S.C. 1981 et seg. ("Civil Rights Aet"); the Civil Rights Act of 1991, 2s amended 42 U.S.C. 1981 et seq. ("CRA of 1991"); the Older Workers Benefit Protection Act,1981 et seq. (“CRA of 1991”); the Older Workers Benefit Protection Act, 29 U.S.C. 621-634, (OWBPA”); the Americans With Disabilities Act, 42 U.S. Code §§ 12101 -12213, (“ADA”); Employee Retirement Security Act of 1974, 29 U.S. Code Chapter 18 (“ERISA”); the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. (“LAD”); the New Jersey Family Leave Act, N.JS.A. 34:11B-1 et seq. (“FLA”); the federal Family Medical Leave Act, 29 U.S.C. sec. 2601; 29 CER. 825 (“FMLA”); the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1 et seq. (“CEPA”); the Pregnancy Discrimination Act, Workers’ Adjustment and Retraining Noti ation Act 29 U.S.C. 2101 et seq. (“WARN”); the Smoking Rights Law N.J.S.A. 34:6B-1 et seq. (“SRL”); the New Jersey Civil Rights Act, NJS.A. 10:6-1 et seq. (NICRA”), New Jersey Wage and Hour Law; N.J.S.A. 34:11-S6a, et. seq.(“NIWHL”) and New Jersey Equal Pay Act, N.IS.A. 34:11-56-1 et seq. (SNIEPA”); and for harassment, discrimination and retaliation of any kind, or any other possibie cause of action arising under any and all other federal, state or local statutes, laws, legal decision, rules and regulations pertaining to employment, as of and prior to the date hereof, as well as any and all claims under state and federal law; as of and prior to the date hereof, and any other Federal, State or local laws, regulations or ordinances, contract, collective bargaining agreement; and any other duty or obligation of any kind or description or for attorneys? fees or costs (“Claims”), 5. Waiver of Future Employment. Fitzpatrick hereby acknowledges and agrees that his employment relationship with the Township will end as of June 30, 2017 and hereby covenants that he will not seck future employment with the Township and waives any future right or entitlement to be reemployed by the Township and acknowledges that neither the Township, nor any of its officers, public officials, administrators and/or directors shall have any obligation to hire and/or employ him in the future, 6 Warranty of Capacity (o Execute Agreement. Fitzpatrick represents and warrants 4to execute this Agreement and receive the benefits specified. He further represents that he has not sold, assigned, transferced, conveyed or otherwise disposed of any of the Claims, or any other demands, obligations or causes of action referred to in this Agreement, 7% Entire Agreement: Contingencies. This Agreement contains the entire agreement between Fitzpatrick and the Township concerning the matters set forth in this document, and shall be binding upon and inure to the benefit of the parent entity, executors, administrators, personal representatives, heirs, suecessors und assigns of each; provided, however, this Agreement is expressly conditioned upon the authorization or ratification by the governing body of the Township of ‘Township in the form of a duly adopted resolution, if so required & Representation of Comprehension of Document, In executing this Agreement, Fitzpatrick represents that he has relied upon the legal advice of his attorney, who is the attomey of his own choice, that he has had the full opportunity to review this Agreement with his attomey, and that the terms of this Agreement have been completely read and explained by his attomey, and that those terms are fully understood and voluntarily accepted 8. No Admission of Liability. Its agreed that in setting this matter, that Fitapatick and ‘Township, together with its prosent and pust officials, departments, employees, representatives, servants, and agents, are not admitting to any liability or wrongdoing in any fashion and that neither shall be deemed a prevailing party for any purpose. 10 Nom:Disparagement. Fitzpatrick agrees and covenants that he shall not make any disparaging statement (oral or writton), whether direct or implied, about Townshi oF its employees, officers or officials to any person or entity with respect to the Charges or its settlement, his claims ‘nd allegations asserted in the Charges, or any related matter or event preceding the Charges. Similarly, the Business Administrators and any member of the governing body as of the date of this Agreement agrees and covenants that he or she shall not make any disparaging statement (oral or 3written) regarding any of the allegations raised in the Charges, whether direct or implied, about Fitzpatick to any person or entity. 4, ality. a. Exvept as otherwise required by law, the terms of this Agreement are confidential. b, The facts, amounts, circumstances and documents underlying this resolution shall not be admissible in any litigation or proceeding in any forum for any purpose other than to secure enforcement of the terms and conditions of this Agreement, ©. — Fitepatrick, the Township elected officials and Business Administrators agree that they shall not disclose to sy third party (other thon tax advisors, retained counsel and immediate family ("Representatives") any details regarding the settlement of this matter or the terms of this Agreement, and that any such third party to whom disclosure is pennitted shall likewise be bound to non- losure. Neither Fitzpatrick, the Township lected officials, Business ‘Administrators nor their Representatives shall communicate with the media, members of the media or any other non- party regarding this litigation or the fuct that settlement has been reached, In response to any inquiries by third parties, Fitzpatrick, the Township elected officias, Business Administrators nor their Representatives may ‘ot state anything more than, “the matter has been amicably resolved.” Fitzpatrick, the ‘Township elected officials, and Business Administrators represent that they have not Violated this provision as of the date of execution of this Agreement, In the event the ‘Township receives an inquiry from a potential employer, the Township shall only confirm to such potential employer Fitzpatrick’ length of service with the Township, 6and the title and rate of pay as of Fitzpatrick’ last date of employment with the ‘Township. 4. Nobvithstanding the above, itis recognized that the Township may be required to duly adopt a resolution to approve of the material terms of the settlement, and that such action shall not eliminate or alter the terms and conditions of subsections AC above,2 Enforcement of Agreement. Fitzpatrick, the Township elected officials, Business Administrators agree and covenant, as a condition of the parties? performance of theit obligations under this Agreement, that any violation of the nondisclosure obligations set forth in this Agreement, including, but not limited to, disclosure by counsel, tax advisors or family members, may cause imreparable harm to Fitzpatrick, the Township elected officials, Business Administrators which shall entitle them to seck monetary damages, and whatever other remedies are available to them, including, but not limited to injunctive relief for breach of the nondisclosure obligations set forth herein, 13 Other Actions or Claims. Fitzpatrick, the Township elected officials, Business Adiuinistrators represent that they have not filed nor will file any actions or claims other than the pending matters referenced in this Agreement. '4 Modification. ‘This Agreement may not be modified except by an agreement in writing executed by the parties hereto, 15 Governing Law, ‘This Agreement shall be governed in all respects, including validity, interpretation, and effect by the laws of the State of New Jersey without giving effect to the conflicts of laws principle thereof, 16 Revocation, Fitgpatrick may revoke this Agreement within seven (7) days after the date this Agrecment is signed by him. This revocation must take the form of written notice by Fitzpatrick that he intends to revoke this Agreement, his revoe ion must be provided direetly to the ‘Township, c/o Mitchell B. Jacobs, Esq., Cleary Gincobbe Alfieri Jecobs, LLC, 5 Ravine Drive, Matawan, New Jersoy 07747. Plaintiff may not waive this seven (7) day revocation period. 1, Dato of Agreement. This Agreement shall be dated as of the date it is tast signed by any of the parties to the Agreement, which date shall be incorporated on the face page. WR Representation by _the Parties, THE PARTIES HEREBY SIGN THIS AGREEMENT IN ORDER TO AGREE TO THE RESOLUTION OF THE MATTERS SET 8FORTH HEREIN, WITH PREJUDICE, AND RELEASE, WAIVE AND DISCHARGE. PROVISIONS AS THEY MAY APPLY, AS SET FORTH IN THIS SETTLEMENT AGREEMENT, GENERAL RELEASE AND WAIVER, IT BEING THEIR INTENTION TO RELEASE AND DISCHARGE ANY AND ALL CLAIMS THEY MAY HAVE IN AND TO THE MATTERS IN DISPUTE WHICH ARE REFERENCED IN THE AGREEMENT, 1% Reasonable Perlod of Time, Fitzpatrick agrees that he has been given a reasonable period of time of at least twenty-one (21) days within which to review and consider this Agreement prior to executing this Agreement, but that he MAY WAIVE THIS TWENTY- ONE (21) DAY PERIOD BY SIGNING IN THE SPACE PROVIDED HERE: IN WITNESS WHEREOF, the undersigned parties have executed this Agreement as of the date first written above. jf L a WILLIAM FIT: ROSEMARY (. FURSA NOTARY PUBLIC OF NEW. oars si Dated: 2 Jor lid Dated: ¢g a fi F My COMMASSION EXPRES WALL TOWNSHIPEXHIBIT A Dear Mr, Bertrand: Effective June 30, 2017, | will resign from my position as Tax Assessor of the Township of Wall, Tunderstand thar this resignation is not revocable Sincerely, “Wil. \ Pye Nan Athiek William Fitepatick DATED: 2h 1) . 10