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  • Letter From Chris Byers Attorney and Settlement Agreement

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    Thais Ackerman
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    Byers had been on leave after a controversial Facebook post about the Black Lives Matter movement during the summer of racial justice protests. His lawyers initially offered his resignation if the city would pay him $440,000.

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    Byers had been on leave after a controversial Facebook post about the Black Lives Matter movement during the summer of racial justice protests. His lawyers initially offered his resignation if the city would pay him $440,000.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    46K views9 pages

    Letter From Chris Byers Attorney and Settlement Agreement

    Uploaded by

    Thais Ackerman
    Byers had been on leave after a controversial Facebook post about the Black Lives Matter movement during the summer of racial justice protests. His lawyers initially offered his resignation if the city would pay him $440,000.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 9
    Coen, Cooper ‘lata, Georgia 30339 Phe 404814 g000 July 6, 2020. VIA EMAIL, Ed Densmore (ed.densmore@johnsereekga.po0v) City Manager City of Johns Creek, Georgia Ron Bennett (ron.bennet@earmitch.com) City Attomey City of Johns Creek, Georgia RE: Chris Byers». City of Johns Creek Dear Gentlemen: Daryl Cohen aad I enjoyed meeting with you both recenly in Johns Creek (the “City") ‘As you know, our law firm represents Chris Byers in matters periining to his employment as Police Chief of Johns Creek. ‘This letter isan offer of compromise and setlement and is therefore generally inadmissible in any legal proceeding ‘You are well versed with the facts that have transpired over the last few weeks, probably ‘moreso than Tam. This matter began wen Chris published a letter to local religious leaders on his private Facebook page. The post was long, heartfelt, and thoughtful it captured what many police officers were feeling at ther places of worship. For some reason, the City chose to make the private post public by placing a link to it on the City’s official website. Because of the subsequent public interest in Chris's post and the general racial unrest going on in the country, Chris and Mr. Densmore agreed that Chris would take a few vacation days away from the City. During Chris's away, a certain City Councilman began an unofficial ‘campaign to have Chris fired. That Councilman contacted City employees directly, whichis violation ofthe City’s Charter. He then took it upon himself to lead witch hunt with the sole ‘purpose, as the Councilman has told several police officers to have Charis fired because of his Facebook post. The Councilman led the charge t find any City employee that could dig up dirt ‘on Chris so that an “investigation” of the police department an Chris could take place. Chris ‘was informed upon his return from vacation that he was being place on administrative leave a while such “allegations” could be investigated. The whole City knows thatthe investigation isa complete sham, designed only to placate the Councilman who has a personal vendeta against certain City employees relating to the Couneilman’s past employment as a police officer. The timing of the “investigation,” which raises old issues but nly came on the heels ofthe Facebook Post, is evidence by itself ofthe improper nature of the proceeding. In addition, the complete Tack of due process in the investigation, which is being done in secret while the Mayer talks publicly to reporters, also implicates Constitutional concerns. Chris's Faccbook post is protected by both the free expression clause and the free exercise clause ofthe First Amendment. Additionally, any action taken against him because of his religious views, which were expressed in his post, would violate Title VIL. This is clear instance where a public official has not waived his First Amendment protections because the post ‘was private, it omncemed a matter of public interest (rather than a private grievance), and it did not affect the performance of he police foree in doing their jobs. If anything, the City has caused frustration in the force by placing Chris on leave, As you know, the Johns Creek force is widely recognized as one ofthe most highly trained and best in the county. have researched a good bit and have not found that Johns Creek has a social media policy for its employees. Ifthere is one, please point me tit, I there isnot, I strongly suggest ‘that for the future the City develop one so tha its employees will have proper guidance. The lack of one will affect the City’s defenses in eases like this, As we suggested to you in our meeting, perhaps the best thing for everyone involved ‘would be for Christo resign and recive a severance package. This would be alot more inexpensive than protracted litigation in which th City if it lst, would stand to be lable for ‘hundreds of thousands of dollars of attomeys’ fes in addition to whatever damages a court would ava ‘You may recall the highly publicized case in Atlanta a few years ago where fire chief Kelvin Cochran was fired for handing out to subordinates a self-published book he wrote condemning gays on account ofthe chief's religious beliefs. Ultimately, the Atlanta City Council voted to pay Cochran $1.2 milion rather than continue with a lawsuit. Cochran's actions were taken at work, on work time, and were much more pointed than Chris's well- balanced and thoughtful letter to religious leaders (not to the police department), ‘Chris's yearly pay package, with salary and benefits, is approximately $165,000. The City’s actions (including generating unnecessary publicity and commenting in the media sbout the “investigations”) have already ireparably damaged his career. It willbe difficult for him to find employment, especially atthe level he currently holds, for along time. As you both know, Cris is a well-liked, thoughtful, kind-hearted Christian who is widely known as “one of the good guys.” He isan excellent police officer witha spotless record, well-deserving of his recent promotion to Chief Cris would be willing to resign in exchange for 2 years” severance ($330,000), plus {$110,000 in attorneys’ fees, fora total of $440,000, We would also require as part of any settlement that the City Manager author a favorable job reference for Chris and thatthe eurent “investigation” be closed. If we are abe to sete the matter, we could agree on an appropriate public statement or press release. Chris is willing to meet with you at any time. He has nothing to hide, Please let me know if you need anything else from me or Darryl, and thank you for your time Sincerely, ce: Darryl B, Cohen (via email) SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS ‘This Settlement Agreement and General Release of All Claims (“Agreement”) is made by and between the City of Johns Creek, Georgia (“City”) and Chris Byers (“Byers”), WHEREAS Byers has been employed by the City as Police Chef; and, WHEREAS the City and Byers agree to resolve any and all matters regarding Byers’s separation from the City NOW THEREFORE, the City and Byers hereby agroe a fllows: 1. Resignation from Employment ‘The City and Byers agree that Byers's employment with the City will end as of § pam. ET ‘on Tuesday, August 11, 2020 (“Resignation Date”), As of the execution date of this Agreement, [Byers shall no longer be required to be present at City properties or events regarding operation of the City’s police department, Byers shall make himself generally available for consultation as necessary regarding the operation of the City’s police department up and through the above stated Resignation Date. Byers shall actin good faith and take all reasonable steps to provide all reasonable assistance to ensure that the City's police department continues to operate as cffecively as possible and maintain an absolute minimum of disruption of services. 2. Settlement Payment {In consideration for Byers’s promises contained in this Apreement, the City agrees to pay Byers the lump sum of Three Hundred Twenty-Five Thousand Dollars ($325,000) (“Settlement Payment”), The check shall be made jointly payable to “Chris Byers and Daryl B. Cohen, his attorney” and shall be delivered by hand or by overnight courier to Coben Cooper Estep & Allen, Page | of 8 3330 Cumberland Blvd SE, Suite 600, Atlanta, GA 30339. [Byers acknowledges and agrees that he is not entitled to any other sums or benefits from the City except as provided in this section, Byers acknowledges the receipt and sufficiency of the above-stated consideration. By signing this Agreement, Byers represents and warrants tothe City that: (a) he has not worked any hours for which he has no already been pad or for which he is owed overtime compensation under the Fair Labor Standards Act or otherwise; (b) he has accurately reported all hours worked to the City and has not worked any hours on behalf of the City that he has not reported to the City; and (c) the amounts being offered and paid to him under this Agreement by the City are amounts to which he isnot otherwise owed or entitled to receive ‘on account ofhis employment. 3. Release, Discharge and Covenant Not to Sue ‘As consideration for the City's promises as contained in this Agreement, Byers agrees that Byers, on behalf of himself and all of his hers, assigns, legal representatives, suecessors-in- interes, or any person claiming through him, releases, discharges and will not sue for any claim, charge, complaint, demand, dispute or liability of any kind that relates to or involves his ‘employment by the City, andor his separation from the City, except those claims that may arise fiom any breach of this Agreement, which he has had or now has against the City or against any current or former employee, officer, elected official, agent, attomey, accountant, insurer andlor alfiliated person of the City, acting in their individual or official capacity asa representative of the City, (collectively refered to he nafter as “Other Persons”). The claims being released and discharged include, but ae not limited to, any and al claims for defamation, invasion of privacy, deprivation of constitutional rights, pay, benefits, damages, fees and costs, of any other relief that Page 2 0f 8 cooperation shall include making himself reasonably available for interview, answering vesions, reviewing. documents and/or tesifVng as needed. Byers agrees tht if he is subpoenaed or otherwise compelled to testy, oi he provides a writen or ora statement of any indo anyone regarding my employment with the City, he wil give moie to the City Manager in writing within seven (7) days of service of the subpoens, motion to compel, notice of deposition o scheduled statement. 1. , Confidenaty ‘The partes agree not to disclose any confidential materials or information leamed or Jiscovered during Byers's employment by the City to the extent allowed by law. ‘The parties further agree to refrain from disparaging comments or holding the other up to ridicule. The parties further agree not to disclose or publicly comment upon the terms, provisions of or information regarding this Agreement and the events that led up to his separation to the extent allowed by law except that Byers may make such disclosure or comment privately to his attomeys, tax preparers, financial advisors, immediate family members, pastors, prospective ‘employers or school admissions officals, but only on te condition that they agree to abide by the terms of this confidentiality provision. 8. Dislaimer of Liability Byers agrees and acknowledges that he accepts paymeat ofthe sums specified in this ‘Agreement as full and complete compromise of matters involving disputed issues; that neither payment of said sums by City nor the negotiations fr this Agreement (including all statements, aximissions, or communications) by the City or Other Persons shall be considered admissions by the City or Other Persons; and that no past or present wrongdoing o lability on the part of the Page 5 of 8 City or Other Persons shall be implied by such payment or negotiations, any such wrongdoing or liability being expressly denied, 9. Construction by Georgia Law This Agreement is entered into the State of Georgia and shall be construed and interpreted in acconlance with its law. 10. Severability ‘Should any portion of this Agreement be found to be invalid for any reason whatsoever, excepting only the Release, Discharge and Covenant Not o Sue contained in Section 3, no other provision shall be affected, and this Agreement shall be read as if it did not contain that provision, ‘The City and Byers intend for any invalid provision to be severtble from the remainder, 11, Effective Date of Agreement ‘Byers may revoke this Agreement at any time within seven (7) days of signing it, and this Agreement will not become effective until the evocation petiod has ended. This Agreement will ‘become effective upon ex 2 ofthe revoaton period without Byars having revoked this Agreement as pemited herein Effective Date). Byers acknowledge that any such revocation of this Agreement must be made in writing and received by the below-nemed individual executing this Agreement on behalf ofthe City within seven (7) days after Byer’sexcetion of this Aereement, Byers acceptance ofthe SetementPasment specified hesin acknowledges he has not revoked this Agreement. Page 6 of 8 12, Entire Agreement and Modification ‘This Agreement constitutes the sole and entire agreement and understanding between the parties as to the subject matters herein and supersedes all prior discussions, agreements, and understandings of every kind and nature between them as to such subject matters, and shall be binding upon binding upon and inure to the benefit oftheir executors, administrators, personal representatives, heirs, insurers, successors and assigns of each. No amendment, modifiestion, termination of, or addition to this Agreement shall be valid unless and until exceuted in writing by all the parties to this Agreement. 13, Counterparts and Copies This Agreement may be executed in multiple counterparts, and all counterparts shall constitute one agreement binding on each of the parties hereto, regardless of whether each party hereto is @ signatory to the same counterpart, Flectronic, scanned, copied, or faxed images of lieu of original signatures are acceptable and shall he deemed the equivalent of an Byers acknowiedges that he has been advised to consult wth hs attomeys prior ro signing ths Agroment and that is tiomeys approve ofthis Agreement. 15, Representations of Comprehension Byers acknowledges that he is aware of and has had the opportunity to consult with an attomey and is fact has done so. Byers further acknowledges tha the terms ofthis Agreement have been completely read, and that those terms are filly understood and voluntarily accepted, Page 7 of 8 Executed this IQ day of August, 2020, EMPLOYEE: fhe ear a

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