October 6, 2015 Via — E-mail Kathleen Schultz, News Editor Sauk Valley Media P.O. Box 498 Sterling, IL 61081 RE: FOIA Request Dear Ms. Schultz: In response to your September 29, 2015 request for the terms of the settlement agreement with former Village employee Will Shaffer, attached please find the General Release’and Seitlement Agreement executed in January of this year. There are no necessary redactions; the enclosed copy is complete. Thank you. Very truly yours, VILLAGE OF LYNDON, wy Al entpta Schayrer feorgia Schaver, Clerk TLS:ls Enclosure ce: Tim Crady, MayorGENERAL RELEASE AND SETTLEMENT AGREEMENT ‘This General Release and Settlement Agreement (hereinafter referred to as the “Agreement”) is hereby entered into and effective this __ day of January 2015, by WILL SHAFFER (hereinafter referred to individually as “WILL”), for himself, his family, heirs, executors, administrators, personal representatives, agents, employees and legal representatives, affiliates, successors and assigns, (hereinafter referred to collectively as “Plaintiff"), AND THE VILLAGE OF LYNDON, ILLINOIS (hereinafter referred to individually as VILLAGE") and TIMOTHY CRADY (hereinafter referred to individually as “CRADY"), and their departments, agencies, predecessors, parent corporations, affiliates, divisions, officers, directors, agents, trustees, representatives, officials, elected officials, board members, clerks, attomeys, families, heirs, executors, administrators, personal representatives, successors or assigns and insurers and self insured trusts, including but not limited to THE ILLINOIS MUNICIPAL LEAGUE and CANNON COCHRAN MANAGEMENT SERVICES, INC. (the foregoing persons and entities collectively referred to as “Defendant”). Plaintiff and Defendant are collectively referred to hereafter as “The Parties”. WITNESSETH: WHEREAS, WILL, VILLAGE and CRADY have been parties to certain actions before the United States District Court, Northern District of Illinois, Eastera Division, captioned as Will Shaffer vs. The Village of Lyndon, [linois ani Timothy Crady, Case No. 13 CV 50159 (hereinafter referred to as “The Complaint”); and WHEREAS, The Complaint filed by WILL in the above-described civil action sought damages allegedly sustained by WILL as a result of WILL’s claim that the VILLAGE and CRADY, individually and by and through their agents or employees, engaged in actions or inactions that resulted in alleged discrimination and/or harassment and/or retaliation of WILL because of his race in violation of certain Federal and/or State andJor local statutes, including but not limited to 42 U.S.C. §1981; 42 USC §1983 and retaliatory discharge under Illinois Common Law and violation of the Illinois Wage Payment and Collection Act, 820 ILCS 115. et. seq.; and WHEREAS, Defendant has denied and continues to deny the allegations of The Complaint and has denied and continues to deny that it has any liability to Plaintiff on any of his claims which were made or could have been made by Plaintiff against Defendant; for discrimination and/or harassment and/or retaliation or for any claims that were made or could have been made by Plaintiff against Defendant for any other reason and on any other basis, including those that have been asserted in relation to The Complaint; and WHEREAS, Plaintiff and Defendant, voluntarily and with full knowledge of their rights and the provisions herein, having the benefit of the advice of counsel, now desire to settle, compromise, and dispose of The Complaint and any and all claims, of any kind whatsoever, that Plaintiff may bave currently, or has had in the past, against Defendant upon the terms and conditions hereinafter set forth; Pratt rts: (II detendon’s ina: | C- oe (| copyNOW THEREFORE, in consideration of the foregoing, and of the promises and covenants contained herein, and other valuable consideration, itis hereby covenanted and agreed as follows: SECTION 1: PLAINTIFF'S RELEASE OF ALL CLAIMS AND CAUSES OF ACTION A. Plaintiff hereby forever and fully promises, releases, acquits, and discharges Defendant of and from any and al liability to Plaintiff of any kind and of any nature, including but not limited to any and all claims, actions, causes of action, suits, or other complaints that ‘were made or could have been made against Defendant or relief of eny nature whatsoever, whether known or unknown, foreseen or unforeseen, resulting or to result, whether in law or in equity, or before administrative agencies or departments, that Plaintiff ever had, now has or hereafter can, shall or may have, by reason of or arising out of any matter, cause or event occurring on or prior to the date hereof, including, but not limited to all claims of any nature and ‘of any kind for injures, losses, damages or for any other basis or relief whatsoever which Plaintiff now has or may ever have, whether in tort or contract, whether based on debts, sums of ‘money, or accounts owed, whether for covenants, contracts, agreements, arrangements, promises, obligations, or warranties breached, whether for bodily, personal or emotional injuries of any kind and of any nature, whether for punitive, liquidated or exemplary damages of any kind and of any nature, whether for attorneys fees, costs and/or expenses, whether for discrimination, harassment or retaliation on the basis of age, religion, disability, sexual orientation, sex, race, color, national origin, any other protected basis or complaints regarding the same, whether for past, present or future unpaid wages, overtime and benefits, denial of benefits, denial, diminishment or relinquishment of pension benefits, whether for any claims for compensatory pay owed for past, present or future emotional distress or emotional or psychological damages of any kind and of any nature; whether for breach of contract, fraud, misrepresentation, conspiracy, breach of fiduciary duty, interference with contract or prospective business relations, promissory estoppel, negligent or intentional infliction of emotional distress, libel, slander, and whether for any tort and including but to limited to any claim of any kind and of any nature arising out of or by relation to WILL's employment with Defendant, and/or the termination of that employment and/or the resignation of that employment and/or arising out of any other alleged act or acts through the date of execution of this agreement, whether any such claims arise at the common law or under any federal, state, or local statute, regulation or ordinance, including but not limited to claims that were made or could have been made under Title VII of the Civil Rights Act of 1964 (as amended), the Equal Pay Act, the Rehabilitation Act of 1973, 42 U.S.C. § 198] of the Civil Rights Act of 1866, 42 U.S.C. § 1983 of the Civil Rights Act of 1866, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act, the U.S. Fair Labor Standards Act, Illinois Fair Labor Standards Act, Ilinois Worker's Compensation Act, the Illinois Whistleblower Act, the linois Department of Employment Security, the Illinois Human Rights Act, Section 504 of the Rehabilitation Act of 1973, The Illinois Wage Payment and Collection Act 860 ILCS 115 et. seq and including, but not limited to, any claims that were made a part of or could have been made in ‘The Complaint; and-any other complaint or claims that were miade or could be made in any Federal, State or local court or agency. No reference herein to the aforesaid causes of action or Prana itts: LIS oetendant's ints; TC. ve a COPYany other specific claim or statute is intended to limit the scope of this General Release and Settlement Agreement B, tis expressly understood and agreed by Plaintiff that this is a full and final general release of all matters whatsoever and that this Agreement is intended to and does embrace not only all known and anticipated damages and injury, but also unknown and unanticipated damages, injury or complications that may later develop or be discovered, including all effects and consequences thereof if based on acts or omissions occurring prior to the date Plaintiff signs this agreement. Plaintiff declares, represents and understands that the alleged damages or other injuries sustained may be permanent, and that in executing this Agreement, it is understood and agreed that Plaintiff has not relied upon the representations of any party hereby released or by that party’s representatives concerning the nature, extent, effect and/or duration of their respective alleged damages or other alleged injuries. C. Plaintiff represents that, with the exception of The Complaint identified above, Plaintiff has not filed any complaints, claims, or actions against Defendant with any state, federal, or local agency or court for any act or omission occurring up and until the date of this ‘Agreement, and that Plaintiff will not do so at any time hereafter. Plaintiff further agrees that, if any agency or court assumes jurisdiction over any complaint, claim, or action against Defendant which is prohibited by this General Release and Settlement Agreement, Plaintiff will direct that agency or court to withdraw or dismiss with prejudice the matter. Plaintiff acknowledges and agrees that Plaintiff shall be liable for all attorneys’ fees incurred by Defendant in successfully defending such an action brought in violation of this Section 1, Paragraph C. SECTION 2: CONFIDENTIALITY AND NON SOLICITATION ‘The Settlement Agreement, Terms & Negotiations ‘The Parties acknowledge and agree that, under the [linois Freedom of Information Act (FOIA), 5 ILCS 140/2.20, this General Release and Settlement Agreement is available for public disclosure, subject to possible exemptions under Section 7 of FOIA. The Parties further acknowledge and agree that this General Release and Settlement Agreement represents the entirety of the Parties” agreements and understandings with regatd to resolutions and settlement of The Complaint and all claims released under Section 1(A), and the Plaintiff therefore agrees not to discuss or otherwise comment on the General Release and Settlement Agreement or its terms, and not to discuss, disclose, or otherwise release any information about matters relating to the settlement or negotiation of this General Release and Settlement Agreement, except: (a) Plaintiff may state that “There is a settlement agreement and its terms speak for themselves”, ‘The Plaintiff acknowledges that all information and documents provided to or by any Party in the course of negotiating this Settlement Agreement are subject to this confidentiality provision. Other than a FOIA request for this Agreement, in the event that any Party receives a document request, subpoena, deposition notice, or similar form of compulsory process seeking information concerning the General Release and Settlement Agreement, or negotiations regarding the same, that Party shall give the other Party reasonable notice to allow it to object to eran tas: LI5 —oetendon's tas: TC 983 al Curythe disclosure andior seek a protective order barring or limiting the use or further disclosure of any information required to be disclosed, A. The Complaint & Plaintiff's Allegations It is recognized by the parties that the subject matter of The Complaint is a matter of public record and has been communicated within the public domain by certain media outlets and private individuals. Notwithstanding the same however, it is agreed that from the date of this Agreement forward, Plaintiff will not discuss PlaintifP’ claims or the allegations which were made in The Complaint, with any third party, other than as provided under Section 2, B: Exceptions to Confidentiality, The Plaintiff acknowledges and agrees that all documents in Plaintiff's possession or the possession of Plaintiff's counsel regarding The Complaint and/or the allegations which were made or could have been made therein are subject to this confidentiality provision. It is further agreed that any documents in Defendant's possession or the possession of its counsel regarding, The Complaint and/or the allegations which were made or could have been made therein, including any defenses to the same, are believed to be exempt from production under FOIA. In the event that a FOIA request is made for any such documents, Defendant will object to production of said documents based on the relevant exemptions. Should that objection be challenged, Defendant will notify Plaintiff of the same within a reasonable time such that Plaintiff can make Plaintiff's own objections to production of any such documents. Both parties agree that should a party be subpoenaed, receive Requests for Document Production under applicable state or federal rules of procedure or otherwise be required by a similar form of compulsory legal process seeking production of any such documents referred to herein, the party 30 compelled shall give the other party reasonable notice to allow such other party to object to the disclosure and/or seek a protective order barring or limiting the use or further disclosure of any information required to be disclosed. B, Media Solicitation and Communications ‘The Plaintiff further agrees that neither Plaintiff, nor Plaintiff's representatives, will speak to any representatives of the media regarding Plaintiff's claims and/or the allegations in ‘The Complaint, and/or this settlement and/or the terms of the settlement or negotiation thereof, Plaintiff further agrees that Plaintiff will not direct or request or imply that any other persons. could or shall discuss PlaintifPs claims and/or the allegations in The Complaint, and/or this settlement and/or the terms of the settlement or negotiation thereof with the media. [fasked to comment, by the media, Plaintiff shall simply state the matter has been resolved, Plaintiff will likewise instruct his Spouse and children that if asked to comment on the matters which are the subjection of the Section 2. Confidentiality and Non Solicitation Agreement, that they are only allowed to say that the case has been resolved, Paint iat: LYS petendan’s inal: LC. med \_\ GuryC. Limited Exceptions to The Confidentiality Obligations of Plaintiff The terms and conditions of this Section 2: Confidentiality and Non Solicitation, including but not limited to Paragraphs A and B above are material terms to this Agreement and a basis upon which the settlement amount of One Hundred Fifty Thousand Dollars 00/100 is based. Notwithstanding Plaintif?’s confidentiality obligations as discussed above in Section 2, Paragraphs A and B, Plaintiff may make any statement as reasonably necessary about this General Release and Settlement agreement, negotiations and/or the claims made against Defendant to his Spouse and/or immediate family (children only) as well as to the extent necessary to comply with any legal, regulatory or insurance disclosure equirement. Additionally, the Plaintiff may make disclosures regarding the terms, negotiation, and amount of the settlement memorialized in this Settlement Agreement to Plaintiff's accountants, auditors, legal counsel and licensed financial advisors. If Plaintiff has previously disclosed or should Plaintiff choose, from the date of this Agreement forward, to disclose or make any statement concerning this General Release and Settlement Agreement, negotiations and/or the claims made against this Defendant to Plaintif?'s Spouse and/or immediate family (children only) and/or accountants, auditors, legal counsel or financial advisors, Plaintiff shall advise each such person to whom a disclosure is made, that such disclosure is made in confidence and that such disclosure is subject to this Confidentiality Agreement and that they cannot repeat such information to anyone, Should any person, including but not limited to Plaintiff, Plaintiff's Spouse, immediate family (children only), accountants, auditors, legal counsel or licensed financial advisors disclose said information to anyone else not authorized by this Section 2, at any time after the date of this Agreement, then such disclosure, if proven by Defendant in a Court of Law, shall be considered a breach of the terms of the Confidentiality provisions of this Section 2, and Plaintiff shall be liable to Defendant for all proven damages tecoverable under the law for PlaintifPs Breach. Additionally, the confidentiality provisions of This Agreement, Section 2, shall not apply should Plaintiff be compelled by a legal compulsory process by way of subpoena or otherwise to testify in matters that may call for Plaintif’s testimony in this regard. If Plaintiff’ should be subpoenaed, receive notice of their deposition or otherwise be required by a similar form of compulsory legal process seeking information concerning the claims made by Plaintiff in The Complaint or This Agreement, Plaintiff shall give Defendant reasonable notice to allow Defendant to object to the disclosure and/or seek a protective order barring or limiting the use or further disclosure of any information required to be disclosed. Notice of such compulsory process served upon Plaintiff, shall be given to the Defendant, through its Counsel, Lori a Vanderlaan at Best, Vanderlnan & Harrington, 25 E. Washington, Suite 800, Chicago, IL 60602. Prorat tata: GL.5 —oatenaans nas: 1 es _ Cur 7SECTION 3: REQUIRED SETTLEMENT DOCUMENTS Plaintiff agrees to arrange for execution, filing, entry and delivery to Defendant's counsel the following executed documents: a) General Release and Settlement Agreement; b) any orders, stipulations and/or withdrawals necessary to dismiss with prejudice the matter known as Will ‘Shaffer vs, The Village of Lyndon, Illinois and Timothy Crady, Case No. 13 CV 50159 pending before the United States District Court, Northern District of llinois, Western Division; and o) a Release of Attorney's Lien from the law firms/lawyers representing Plaintiff in the subject matter. Defendant agrees to arrange for execution and deliver to Plaintiff's Counsel, the following executed documents: a) General Release and Settlement Agreement; b) Settlement checks in the amounts and payable as reflected in SECTION 5 below. SECTION 4: SATISFACTION OF PAYMENT OF EARNED PERSONAL TIME OFF & REEMPLOYMENT A, Reemployment Plaintiff agrees to never again seek or accept employment with the Village after the execution date of this Agreement. Plaintiff agrees that any such application or request for employment with the Village after the execution of this release may be denied solely on the basis of this provision of this agreement and that Plaintiff shall not have any cause of action or recourse against Village for said denial, including any claim for retaliation. The Village, in its sole discretion, may choose to waive this provision of this agreement. B. Earned and Payable Personal Time Off Plaintiff agrees that Plaintiff has received complete and final payment for all earned and payable wages, overtime and comp time as well as earned and payable personal time off, ‘including but not limited to holiday time, vacation time, sick time and personal days. Plaintiff agrees that the Release of All Claims set forth in Section I above completely and forever releases any claims that Plaintiff has as to an unpaid earned and payable wages, overtime and comp time as well as personal time off, including but not limited to holiday time, vacation time, sick time, and personal days. SECTION 5: PAYMENTS/PROMISES BY DEFENDANT 1. That in consideration for the promises made by Plaintiff herein, Defendant agrees to make certain payments totaling no more than One Hundred and Fifty Thousand Dollars and Zero Cents (150,000.00), to be distributed as follows: $98,350.00 payable to Will Shaffer, with a 1099 to issue to Will Shaffer for said payment for the tax year 2015, Prenat ie: LIS —detendan’s iat: TO oa. $51,650.00 payable to Stephon T. Fieweger, P.C. and Katz Nowinski, P.C. for attorneys” fees, costs and expenses incurred in the legal representation of Plaintiff for the claims that are the subject of The Complaint and this General Release and Settlement Agreement. A 1099 for said payments shall issue to Stephen 'T. Fieweger, P.C. and Katz Nowinski, P.C. for the tax year 2015. 2. Defendant shall make said payments within a reasonable time, not to exceed Twenty- one days after Plaintif?’s execution of the Settlement Agreement, 3, Defendant shall provide Plaintiff with a neutral letter of reference reflecting his dates of employment and the position he held with the Village. SECTION 6: NO ADMISSION OF LIABILITY It is expressly understood by the parties that this General Release and Settlement Agreement is a compromise and settlement of disputed claims and that payment by Defendant of the Settlement Amount is not, nor is it to be construed as, an admission of liability on the part of Defendant. Defendant expressly denies liability and intends merely to avoid further litigation with respect to Plaintiff's claims. SECTION 7: TAX LIABILITY As set forth above, the payments made herein are based on the damage claims made in ‘The Complaint which Plaintiff claims Plaintiff sustained fom the actions asserted in the Complaint. All payments made pursuant to the provisions herein during the calendar year 2015 will be made subject to IRS forms 1099 issuing for the Tax Year 2015. ‘The parties agree that if any governmental body determines that additional taxes, interest and/or penalties are owed on the settlement monies, the Parties covenant and agree that each party shall pay the portion of any taxes, interests and/or related penalties that the governmental body determines is its/his/their individual responsibility. Each party shall be responsible for its own defense and costs incurred therein in disputing any such determination, Plaintiff acknowledges and agrees that Defendant will not be responsible for any taxes, interest and/or penalties arising from this settlement that a governmental body assesses against Plaintiff, individually and Defendant acknowledges and agrees that that Plaintiff will not be responsible for any taxes, interest and/or penalties arising from this settlement that a governmental body assosses against Defendant, individually. SECTION 8: OLDER WORKERS BENEFIT PROTECTION ACT Plaintiff, being 40 years of age or older, are advised of and acknowledge the following: a. Twenty-Oue Day Consideration Period. WILL SHAFFER shall have up © twenty-one (21) days to consider and accept the terms of this Prana els: WY.5.—Delndan’s ints, TL 7Agreement by fully executing and notarizing it below, and retuming it to BVH. During this twenty-one (21) day period and before signing this ‘Agreement, WILL SHAFFER and TRACY SHAFFER is encouraged to consult and has consulted with an attorney regarding the terms and provisions of this Agreement, at his own expense. ‘The terms and provisions of this Agreement are null and void if not accepted by WILL SHAFFER within the twenty-one (21) day period. WILL SHAFFER may sign the Agreement prior to the conclusion of the twenty-one (21) day period. b, Release of Age Discrimination in Employment Act Claims. By signing this Agreement, WILL SHAFFER waives any claims he has or might have against Defendant under the Age Discrimination in Employment Act (“ADEA”) that accrued prior to the date of WILL SHAFFER’s execution of the Agreement. © Revocation Period. WILL SHAFFER shall have seven (7) calendar days from the date he/she signs this Agreement to revoke the Agreement by notifying Defendant in writing prior to the expiration of the seven (7) calendar day period. Any revocation within this period must state “I hereby revoke my acceptance of our Agreement and General Release.” ‘The written revocation must be personally delivered to Defendant, througi, its counsel, to the attention of Lori Vanderlaan, Esq., Best Vanderlaan & Harrington, 25 E, Washington Street, Suite 800, Chicago, IL 60602, and must be postmarked within seven (7) calendar days of his/her execution of this Agreement. This Agreement shall not become effective or enforceable until the revocation period has expired. If the last day of the revocation period is a Saturday, Sunday, or legal holiday, then the revocation period shall not expire until the next following day that is not a Saturday, Sunday, or legal holiday. SECTION 9: SUFFICIENT COMPENSATION/VOLUNTARY WAIVER OF RIGHTS A. Sufficient Consideration Plaintiff agrees that: (a) the payments made pursuant to Section 5 Paragraphs A are in excess of anything of value to which Plaintiff already is entitled, including, but not limited to, earned wages and/or benefits; (b) the amount and division of the payments made pursuant to Section 5 Paragraphs A have been agreed upon by Plaintiff and Plaintiff's attorneys, and is satisfactory to both of them; and (c) delivery of the payments made pursuant to Section 5 Paragraph A to Plaintiff's attorneys shall constitute full and final settlement payment to Plaintiff and Plaintiff's attorneys and receipt by Plaintiff's attorneys shall constitute full and final receipt by all of the above. Following such payment, and delivery of settlement documents from Defendant to Plaintiff, no further payment ot consideration of any kind in connection with the termination and settlement of the above-described civil action is contemplated or required herein, and itis agreed that said settlement payments will fully exhaust any and all damages Plaintiff Paiut atals: (4)'S—detendan’s ints: TL me _| --claimed against Defendant for any and ail claims released under this agreement. B, Voluntary Waiver of Rights Plaintiff further agrees and acknowledges: (a) that Plaintiff's waiver of rights under this Agreement is knowing and voluntary; (b) that Plaintiff has read and understands the terms of this ‘Agreement and has voluntarily accepted these terms for the purpose of making a full and final compromise, settlement and adjustment of any and all claims, disputed or otherwise, on account of the employment or other relationship with Defendant, and for the express purpose of precluding forever any further claims arising out of such relationship or its termination; (c) that the payment listed above and terms set forth in Section 5 exceeds the amount that would normally be received by an employee in Plaintiff's position; (d) that Plaintiff has consulted with aan attorney prior to executing this Agreement; and (c) that this Agreement waives all claims that may have arisen up to the date of this Agreement. SECTION 10: ENTIRE AGREEMENT/SEVERABILITY ‘This Agreement shall be binding upon and inure to the benefit of Plaintiff and Defendant. ‘This Agreement shall be governed by [llinois law. ‘The parties agree that this General Release and Settlement Agreement may be used as evidence in a subsequent proceeding in which any party alleges a breach of this Agreement. Plaintiff further declares and understands that: (a) no promises, inducements or agreements not herein expressed have been made to him; (b) this Agreement contains the entire agreement among the parties hereto; (c) the terms of this Agreement are contractual and not merely a recital; (d) any modification of this Agreement must be made in writing and be signed by Plaintiff and Defendant; and (e) in the event that any provision herein is deemed illegal, said provision will be deemed stricken and the remainder of this Agreement will be valid and interpreted as iti, in its entirety. Plaintiff agrees that, inthe event that any claim, suit or action shall be commenced by Plaintiff against Defendant arising out of any charge, claim or cause of action of any nature whatsoever, known or unknown, including, but not limited to, claims suits or actions relating to their and/or Plaintifi’s employment with Defendant, which are based on any acts or omissions ‘occurring up to the date they sign this agreement, this General Release and Settlement Agreement shall constitute a complete defense to any such claims, suits or actions so instituted. INTENTIONALLY LEFT BLANK pram twats: L4J9 —detendon’s ats: TC 89 Cy) COPyY-IN WITNESS WHEREOF, the parties hereto have executed this Ten Page General Release and Settlement Agreement as of the _/2 day of Tawuery , 2015. ‘The undersigned, WILL SHAFFER has read the foregoing General Release and Settlement Agreement, has had adequate opportunity to review it with legal counsel, and attests that he fully understands and accepts its provisions in their entirety and without reservation, WILT SHAM Signed and Swom to this L2_ day of Ze etary , 2015 a Notary Public OFFICIAL SEAL. SHELLY L, MOORE ¢ ‘NovaRY PUBUG.-STATE OF LLNOS MY COMMISSION EXPIRES 040612 Frenne ace = of Lyndon, Llinois pate: “22/20/35 Signed and Sworp to this dnd. by 8 Lenussy 5 015. philip TILL Notary Publi Prana ras: (AIS oetendan's tats: ZL pe.t0 (| copy