GENERAL
RELEASE AND
SETTLEMENT
AGREEMENT
THIS GENERAL RELEASE AND SETTLEMENT AGREEMENT (hereinafter,
Agreement )
is a voluntary agreement made by and between the City of
Hartford
(hereinafter, the City ), the
Hartford
Municipal Employees Association, (hereinafter,
HMEA ),
and Mr.Donald LeFevre (hereinafter, Mr.
LeFevre ).
WHEREAS, HMEA, of which Mr. LeFevre was a bargaining unit member,
filed
on Mr.
LeFevre's
behalf a grievance challenging an action by the City to place Mr. LeFevre onadministrative leave with pay with the Connecticut State Board of Mediation and Arbitrationwhich was subsequently designated Case No. 2007-A-0510; andWHEREAS,
the
parties have
discussed
and
agreed
upon
a
resolution
of said grievance as
well
as any and all matters to the extent specifically addressed in this Agreement; and
NOW
THEREFORE, in consideration of the promises and covenants contained in thisAgreement and with the intent of
fully
and forever resolving any and all disputes between theparties, in all
forums,
and without establishing any precedent, the City, HMEA and Mr. LeFevreagree as
follows:
No
Admission
of
Liability
Neither
the
negotiation, undertaking, agreement
nor
execution of this Agreement shall constitute or operate as an acknowledgement oradmission of any wrongdoing or violation of any law, contract, regulation orstatute
by the
City
or Mr.
LeFevre, including
any
person acting
on
their behalf.
2
Consideration
a.
In consideration of Mr. LeFevre executing this Agreement, the
City
shall
make
the
following
payments to Mr. LeFevre in accordance with the terms andconditions below.i. Mr. LeFevre shall be paid thirty-two thousand
five
hundred seventeenand
50/100ths
dollars ($32,517.50) in a check made payable to Donald LeFevre within thirty (30) days
after
the execution of thisAgreement.
ii.
Mr. LeFevre shall be paid seventy-six thousand seven hundred ninety-one and 00/100ths ($76,791.00) dollars in a check made payable to Donald LeFevre within
ten
(10) days
after
January
1,
2008. Suchpayment includes compensation
for
four
hundred
four
and
one-quarter(404.25) hours of accrued vacation leave, totaling
fourteen
thousandnine hundred twenty-four and 42/100ths dollars ($14,924.42).iii.
Mr.
LeFevre shall
be
paid thirty-five thousand
six
hundred
fifteen
and
92/100ths dollars ($35,615.92) in a check made payable to Donald
LeFevre
within
ten
(10)
days
after
January
1,
2009.
iv. If Mr. LeFevre becomes deceased at any time before all payments in(i), (ii)
and
(iii) above
are
paid
by the
City
to
Donald LeFevre ,
saidpayments will be paid to Donald
LeFevre's
estate.v. The above payments are subject to any and all standard tax
withholdings.
The City
further
agrees to continue the health insurance coverage in
effect
for
Mr. LeFevre and his spouse at the time of Mr.
LeFevre's resignation
(including dental coverage) until
the
last
day of the
month
in
which
Mr.
LeFevre
reaches
the age of
sixty-five
(65) [September
11,
2008].
The
cost
of
such healthinsurance coverage shall be paid entirely by the City
effective
upon the executionof this Agreement and shall continue until such
coverage
expires on September30,2008.In addition, upon reaching age
sixty-five
(65), Mr. LeFevre (and hisspouse, if or when applicable) must transfer to the age sixty-five (65) and overCity
health
care coverage plan
and
must enroll
in
Medicare Part
B
benefits
to
remain eligible to continue City health care benefit coverage through September30,
2009.
Mr. LeFevre is responsible for paying any premiums for Medicarecoverage and the City will pay the cost for the supplemental coverage only.If Mr. LeFevre becomes deceased at any time on or
before
September 30,2009,
health
insurance coverage for Mr.
LeFevre's
spouse shall continue and bepaid, as stipulated above under the applicable coverage, by the City until suchcoverage expires on September 30, 2009.b. In consideration for the City executing this Agreement, Mr. LeFevre andHMEA agree to the following:i. Mr. LeFevre shall resign in good standing
from
his position as TaxCollector of the City
effective
immediately upon the execution of
this
Agreement. Such resignation shall be provided in writing andsubmitted to Mr. John Rose, Jr., City of Hartford, Corporation Counsel
Office,
550 Main Street, Hartford, Connecticut 06103. The partiesagree Mr. LeFevre leaves with a clean and clear personnel record.
ii. Mr.
LeFevre shall
not be
eligible
for any
HMEA pension benefits,
nor
shall he be entitled to receive any payout of accumulated sick leave forhis City service time
that
began October 12, 2003 through Mr.LeFevre's date of resignation. However, any pension contributionsmade by Mr. LeFevre since his re-employment with the City onOctober
12,
2003 will
be
refunded
to Mr.
LeFevre
in
accordance
with
Chapter 2A of the Municipal Code.iii. The pension
benefits
provided to Mr. LeFevre for his previousemployment with the City will not be impacted by (ii) above.
The
City
and
McEleney
&
McGrail have specifically
advised Mr. LeFevre to
consult
with
an
attorney
or
advisor
of his
choosing
before
signing this Agreement.
McEleney
McGrail,
LLC and
Stephen
F.
McEleney represent HMEA, only,
in
this transaction.
6
Knowing
and
Voluntary
In
signing this Agreement,
Mr.
LeFevre
acknowledges
that
he
freely
and
voluntarily enters into this Agreement withoutduress, intimidation, undue influence,
or any
threatened loss
of
benefit.
Mr.LeFevre
further
acknowledges that
he has
read this Agreement
and
fully
understands
its
contents, meaning, intent,
and
implications.
7
Past Practice
and
Precedent
This Agreement
is
specific
to Mr.
LeFevre,
and assuch, it
shall
not
establish past practice
or
precedent
in any
other possible
dispute(s)
that
may
arise between
the
parties
in the
future.
Furthermore, thisAgreement
shall
not be
cited
or used as
evidence
in any
proceeding
except one to
enforce
its
terms.
8
Governing Law
This
Agreement
and
disputes arising there
from
shall
be
governed by and
construed
in
accordance with
the
laws
of the
State
ofConnecticut. If any
provision
of
this Agreement should
be
held
unlawful
by a
court
of competent
jurisdiction,
the
remainder
of the
Agreement
shall continue in
force.
9
Complete Agreement
This
Agreement constitutes
the
complete understandingbetween
the
parties
and
supersedes
all
prior agreements, oral,
or
written.
Anamendment to
this Agreement
after
the
date
of
execution must
be in
writing
andsigned
by all
parties
to the
Agreement.
Approved
and
dated this
day
of
August 2007.
FOR
THE
EMPLOYEE
By:
Donald LeFevreDate:
FOR
THE
CITY
OF
HARTFORD:
By:Lee
Erdmann
Chief
Operating
Officer
or
Mayor s DesigneeDate:
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