ETTLE! 3 ‘This Settlement Agreement and General Release of All Claims ("Agreement") ismade and entered into on the 2.9%May December, 2022, by and between Plaintiffs, as defined herein, and the City of Chattanooga ("City," as defined herein), for the purpose of making a full and final settlement of all claims brought by Plaintiffs against the City. Plaintifis and the City are sometimes referred to collectively herein as "the Parties." NOW, THEREFORE, in consideration of the terms and conditions set forth in this Agreement, the Parties agree as follows: 1. Definitions. As used herein, the following terms shall have the following meanings: a. "Plaintiffs" shall mean Officers Bobby Adams, Celtain Batterson, Todd Clay, Zach Fuller, Michael Hogsed, Zachary Smith, Gregory Stroud, Jon Watkins, and Jarrelle Wolff, their heirs, agents, assigns, and legal representatives in any capacity; The "City of Chattanooga" or the "City" is a municipal corporation and body politic existing under the Constitution and laws of the State of Tennessee, and it includes its departments, agencies, boards, authorities, and instrumentalities, as well as any successors thereto; ¢. "The Dispute" shall mean the matter styled as City of Chattanooga v. Bobby Adams, Celtain Batterson, Gregory Stroud, Jarrelle Wolff, Johnathan Watkins, Michael Hogsed, Michael Keef, Todd Clay, Zachary Fuller, and Zachary Smith, which is an appeal filed before the Administrative Law Judge based upon employment actions of the City of Chattanooga towards these nine police officers on or about August, 17, 2022(and as amended thereafter) bearing Docket No. 56.00-223655J. The singular term "Dispute" as used herein shall include the employment action as it ‘was appealed to the Administrative Law Judge. 2. Dismissal of Pending Action with Prejudice. a. The Parties will file with the Administrative Law Judge an Order of Dismissal with Prejudice, dismissing this administrative appeal with prejudice based on this Agreement and Release of All Claims. The parties agree that such Order will provide that the City will pay for the costs of this appeal pursuant to this Settlement Agreement, but that the Parties will otherwise bear their own expenses (other than the agreed amounis of Attomey’s fees constituting the Settlement Payment that are being paid directly to Plaintiffs’ counsel, Janie Parks Varnell of Davis &Hloss, P.C., as specified herein). Plaintiffs agree that this Settlement Agreement shall be null and void if the Administrative Law Judge fails for any reason to enter an acceptable dismissal order in accordance with this Agreement. 3. Consideration by theParties. a. In consideration of the full, final, and complete resolution and dismissal of all 1claims, damages, and causes of action of any type or nature which were or could have been asserted by Plaintiffs in this dispute as provided for herein, the City agrees to pay Twenty Four Thousand Four Hundred Ninety ‘Three Dollar and 26/100 ($24,493.26) ("Settlement Payment to Officers in Dispute"), in addition to other payments for Attomey Fees specified in this Paragraph 3. The Settlement Payment will be delivered to PlaintiffS in a timely manner upon execution of this Agreement, Plaintiffs individually and collectively agree that he or she is not entitled to receive, and shall not receive, any other payments, benefits, or other compensation or recovery of any kind from the City related to the Dispute, and that in the event of any further proceedings whatsoever based upon or related to any matter released in this Agreement, except with regard to a proceeding concerning any alleged breach of this Agreement by the City or to enforce this Agreement against the City. The Plaintiffs agree that the City shall have no further monetary or other obligation of any kind to Plaintiffs relating to the Dispute, including, without limitation, any obligation for any costs, expenses, or attorneys’ fees incurred by or on behalf of any Plaintiff. In addition to the above monetary payments, the City further agrees to the following: + Each officer to which any monetary payments are made shall be permanently reinstated to their previously held positions within the Chattanooga Police Department with full benefits to which they were entitled to receive effective August 17, 2022. Specifically, no damage to any pension benefits shall be incurred by any of these officers as a result of the Chief's decision on August 16, 2022. + Each officer shall be eligible to participate in promotions and transfers within the Chattanooga Police Department if they qualify for any positions and/or transfers within the department when they apply for said positions and/or transfers. + The City agrees to rescind the August 17, 2022 Brady letter of Sgt. Bobby Adams that was placed in his intemal affairs file following the disposition of his separate appeal with the City of Chattanooga. ‘The City agrees to remove Brady letters from each Plaintiff's internal affairs file unless the Hamilton County District Attorney or the United States Attomey instructs the City not to do so, and will remove the letters as of the date of this agreement, Further, each party agrees and understands that it cannot control the contents of files maintained by the Hamilton County District Attorney or United States Attorney nor can they control a prosecutor's determination of what information may be considered Brady information that is subject to disclosure, + Acopy of this settlement agreement will be placed in each of these nine (9) 2Officer’s personnel files as requested, In addition to the amounts to be paid by the City pursuant to Paragraph 3 (a) of this ‘Agreement, the City will pay to Plaintiffs’ counsel the sum of Fifteen Thousand and No/100 Dollars ($15,000) in attorney's fees as full and final settlement of this, matter. Beyond the City’s payment of these agreed amounts, each party will pay their own litigation expenses, discretionary costs, and other costs incurred in connection with the Dispute in excess of the aforementioned attomey fee payment. Payments: Other than payments made directly to Plaintiffs’ Counsel, the payments made to the Plaintiffs shall constitute full and final payment for all alleged claims for (i) non- economic damages, including alleged embarrassment and humiliation; and (ii) for alleged lost wages, the latter category of which is subject to proper withholding of federal, state, and local taxes, if any, by the City. ‘The settlement amount encompasses the resolution and settlement of claims as alleged in the lawsuit, which, include any potential claims under the Tennessee Human Rights Act or Federal Due Process or Equal Protection in addition to the General Release given in Section 8 herein. In executing this Agreement, Plaintiffs understand and agree that they individually rely wholly on their own judgment, belief, knowledge of the nature, extent, effect and duration of their individual injuries and the liability therefore, and that this Agreement is made without reliance upon any statement or representation of any of the Parties released or the representation by any physician or other persons by them employed. This Agreement and its releases are intended to cover any and all injuries to the Plaintiffs of any nature. The Settlement Payment to all Officers in this Dispute will be in the total amount of Twenty Four Thousand Four Hundred Ninety Three Dollars and 26/100 ($24,493.26) as allocated, and paid in specific amounts to each officer, as follows: (i) To Plaintiff Michael Hogsed, one payment of $1,125.00 representing alleged non-economic damages, and a separate payment representing alleged lost wages that amounts to $800.00 (i) To Plaintiff Zachary Smith, one payment of $1,125.00 representing alleged non-economic damages, and a separate payment representing alleged lost wages that, amounts to $700.00. Gii) To Plaintiff Gregory Stroud, one payment of $1,125.00 representing alleged non-economic damages, and a separate payment representing alleged lost wages that, amounts to $2,320.00;(iv) To Plaintiff Zachary Fuller, one payment of $1,125.00 representing alleged non-economic damages, and a separate payment representing alleged lost wages and other economic damages that amounts to $2,983.26; (v) To Plaintiff Bobby Adams, one payment of $1,125.00 representing alleged non-economic damages, and a separate payment representing alleged lost wages that, amounts to $4,425.00; (vi) To Plaintiff Celtain Batterson, one payment of $1,125.00 representing alleged non-economic damages, and a separate payment representing alleged lost wages that, before proper tax withholding by the City, amounts to $3,140.00; (vii) To Plaintiff Todd Clay, one payment of $1,125.00 representing alleged non-economic damages (viii) To Plaintiff Jonathan Watkins, one payment of $1,125.00 representing alleged non-economic damages; and (ix) To Plaintiff Jarrelle Wolff, one payment of $1,125.00 representing alleged non-economic damages. (x) Plaintiff, Michael Keef, shall not receive any payments for lost wages and/or economic damages pursuant to this agreement since he has obtained separate representation by IBPO legal counsel, which is dismissed without prejudice to claims that may be asserted by other counsel outside the terms of this settlement agreement. Ne sion of Liab a The Parties enter into this Agreement as a result of arms-length negotiations in order to avoid the risk and expense of protracted litigation. The Parties understand and agree that this Agreement is in compromise of a disputed claim and is provided to resolve this dispute between the parties. Plaintiffs recognize and acknowledge that this Agreement does not constitute and shall not be construed as an admission of (1) any acts of unequal treatment, discrimination, interference, harassment, retaliation, misconduct, breach of contract, or negligence by the City; or (2) any fact, claim, defense, or contention at issue in the Dispute. Further, the City does not admit, and in fact specifically denies, any wrongdoing, liability, or culpability arising out of, related to, or connected with the Dispute or Plaintiffs’ employment at the City. Plaintiffs acknowledge that they subsequently may discover facts in addition to or different from those that they now know or believe to be true with respect to the Dispute, and that they might have sustained or 4may yet sustain damages, costs, or expenses that are presently unknown and that relate to the Dispute or to their employment at the City. The Plaintiffs acknowledge, however, that the Parties have negotiated, agreed upon, and entered into this Agreement in light of that situation, d. Plaintiffs waive any and all rights which they may have under any state or federal statute or common law principle that would otherwise limit the effect of this Agreement (o claims known or suspected as of the date this Agreement is entered into. Tax Consequences of Settlement Payment, a. Each of the Parties individually and collectively acknowledge their sole responsibility for the payment of any and all federal, state, local and other taxes attributable or relating in any way to the amounts paid by the City to any Plaintiff or his or her legal counsel pursuant to this Agreement, and each Plaintiff individually agrees to indemnify the City for any federal, state, local or other tax liability (including without limitation, liability for withholding, penalties, interest and attorney's fees) incurred by the City attributable to or relating any way to the amounts paid by the City to that Plaintiff pursuant to this Agreement. Plaintifis understand that the City will not be liable for the payment of any taxes on their behalf and for which the Plaintiffs would be legally responsible to pay. b. In the event that the Internal Revenue Service or any other taxing authority challenges any payment made by the City to any Plaintiff pursuant to this Agreement, or otherwise claims a tax liability, each Plaintiff shall be solely responsible for payment of the full amount of such taxes and any accompanying fines, penalties, or interest assessments attributable to that Plaintiff and shall indemnify the City for any tax liability, including interest and penalties, incurred by or assessed against the City. c. The City makes no warranty or representation concerning the tax consequences, if any, to Plaintiffs arising out of the execution and performance of the Agreement. ‘Non-retaliation. As provided in applicable state or federal. law, the City agrees that it will not take any measures to retaliate against the Plaintiffs as a result of their participation in this lawsuit. jeneral and Complete Release, a. Plaintiffs hereby release the City and each of its departments, agencies, Boards, authorities, instrumentalities, officers, directors, employees, agents, attorneys, and affiliates from any and all claims, demands, charges, complaints, liabilities, obligations, actions, causes of action, suits, demands, costs, expenses, losses, attorneys! fees, expenses, and damages of any nature whatsoever, known or unknown, for relief of any nature at law or in equity, arising out of, related to, 5or in any way connected to the Dispute or their employment, which Plaintiffs now have, own, or hold, or claim to have, own or hold, or which they any time heretofore had, owned, or held, or claimed to have, own, or hold against the City, including, but in no way limited to: any claim under The Fair Labor Standards Act of 1938 ("FLSA"); The Equal Pay Act of 1963 ("EPA"); The ‘Tennessee Human Rights Act ("THRA"); Title VII of The Civil Rights Act of 1964, as amended by The Civil Rights Act of 1991; 42 U.S.C. §1981 or§ 1983; The Tennessee Disability Act, The Americans with Disabilities Act ("ADA"); The Age Discrimination in Employment Act ("ADEA"), as amended by The Older Workers Benefit Protection Act; The Employee Retirement Income Security Act of 1974 ("ERISA"); The Family and Medical Leave Act of 1993 ("FMLA"); The Worker Adjustment and Retraining Notification Act; The Sarbanes-Oxley Act; all laws relating to violation of public policy, retaliation, or interference with legal rights; any and all other federal or state employment or discrimination laws; whistleblower claims; any tort, fraud, or constitutional claims, and; any alleged contracts claims or promissory estoppel; or any claims for subrogation or reimbursement; and for damages for lost or injured personal or business reputation; damages for humiliation, pain and suffering, and embarrassment, attorneys fees, or any other type of relief available under any and all common laws, contracts, statutes, regulations, or ordinances (collectively, "the Released Claims"). It is agreed that this is a general release and it is to be broadly construed as a release of all Released Claims; provided that notwithstanding the foregoing, this paragraph expressly does not include a release of (1) any claims that may arise out of an alleged breach of this Agreement; (2) any claims that might arise out of events arising after the execution and approval of this Agreement by the City Council; (3) any claims that cannot be released hereunder by law; (4) any claims or right to indemnification stemming from any claim pending, asserted, or brought in the past against the Plaintiffs relating to the performance of their job duties as law enforcement officers; and (5) any claims other than the Dispute that are currently pending and in which any Plaintiff is a party relating to the pay structure at the Chattanooga Police Department. The City will pay to Plaintifis’ counsel the total sum of Fifteen Thousand and ‘No/100 Dollars ($15,000) in attomey’s fees as full and final settlement of this matter as set forth in Paragraph 3 (4). 9. Enforcement and Remedies Upon Breach, a. In the event that it is determined that any Party has breached his, her or its obligation(s) under this Agreement, the breaching Party shall be liable for all damages caused by the breach, including but not limited to attorneys’ fees and expenses; provided that this provision shall not limit or restrict the recoverability of damages under state or federal law or as provided by other provisions of this Agreement.10. iM. 12. 13. 14, Construction and Governing Law, @. Jointly Drafted, Both Parties and their respective counsel mutually contributed to the preparation of, and have had the opportunity to review and revise this Agreement. Accordingly, no provision of this Agreement shall be construed against any Party because that Party, or its counsel, drafted the provision. This Agreement, and all of its terms shall be construed equally as to all Parties. b. Controlling Law and Confidentiality. This Agreement is governed by and shall be construed, interpreted, and enforced by Tennessee law without reference to its principles or rules regarding conflicts of law, except insofar as it is required to be governed by federal law. The Parties agree that this Agreement shall be maintained in each Officers file as requested. This document may be disclosed to the public to the extent authorized by the Tennessee Open Records Act at T.C.A. §§ 10-7-503 and 10-7-504 or as otherwise allowed under Tennessee law. ©. Captions, The captions appearing in this Agreement are inserted only as a matter of convenience and shall in no way define, limit or construe the scope or intent of such paragraphs. ‘No Oral Modification or Waiver of Rights. a, Nowaiver of any term or condition contained in this Agreement shall be effective unless made or confirmed in writing by the person or entity alleged to have waived the right. b. Unless that writing expressly states otherwise, no such waiver shall be construed as a waiver of a subsequent breach or failure of the same term or condition or a waiver of any other term or condition contained in this Agreement. Each Party represents and warrants to the other Party that this Agreement embodies the entire understanding and agreement between and among the Parties, supersedes all prior agreements and understandings, if any, between and among, the Parties, and no other representations, agreements, arrangements, or understandings, oral or written, conceming the subject matter of this Agreement, which are not expressed in this Agreement, exist between or among the Parties. Counterparts, This Agreement may be executed in counterparts that, when taken together, shall be deemed to be an original and all of which shall constitute full execution of this Agreement. ‘Severability, Should any portion of this Agreement be declared or be determined to be illegal, invalid, or unenforceable, the validity of the remaining parts, terms, or provisions shall not be affected thereby and said illegal, invalid, or unenforceable part, term, or provision shall be deemed not to be a part of this Agreement. The Agreement shall remain in full force and effect in all other respects. However, if the unenforceable provision can be made enforceable by limitation, that provision shall be deemed to be so limited and this, 7Agreement shall be enforceable to the maximum extent permitted by applicable laws. 15. Limitation on Rights of Others, No person other than the Parties to this Agreement identified above shall have any legal or equitable right, remedy, or claim under, or in respect to, this Agreement, its performance, or its enforcement. 16. Opportunity to Review, Plaintiffs represent and acknowledge that they have carefully read and understand all of the provisions of this Agreement, and that they are voluntarily entering into this Agreement. Plaintiffs represent and acknowledge that they have been advised in writing, and have been afforded the right and opportunity, to consult with an attorney prior to executing this Agreement. Plaintiffs further acknowledge and confirm that the only consideration for signing this Agreement are the terms and conditions stated in writing in this Agreement, and that no other promise or agreement of any kind, other than those set out in writing in this Agreement, has been made to them by any person to cause them to sign this Agreement. IN WITNESS WHEREOF the Parties have executed this Agreement individually and with approval of their attorney. By executing this Agreement, each Party stipulates, agrees, and warrants as follows () that the terms of this Agreement are reasonable; i) that the person executing this Agreement will not challenge or contest in any way the capacity or authority of any party hereto to enter into this Agreement; and Gi) that the person executing this Agreement has the necessary and appropriate authority and capacity to execute this Agreement and to make this Agreement fully binding upon and enforceable against herself, himself, or the entity he or she represents. PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS.[Signatures on Following Pages] BOBBY ADAMS STATE OF TENNESSEE : COUNTY OF HAMILTON: Before me, a Notary Public, duly appointed, commissioned and qualified in and for the State and County aforesaid, personally appeared BOBBY ADAMS, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that as such, he did execute this Settlement Agreement and General Release of All Claims for the purposes contained herein. WITNESS my hand and notarial seal, this the 11 cay of December, 2022. C NOTARY My commission expires: \26 [2023 PUBLIC AT LARGE CELTAIN BATTERSON STATE OF TENNESSEE: COUNTY OF HAMILTON: Before me, a Notary Public, duly appointed, commissioned and qualified in and for the State and County aforesaid, personally appeared CELTAIN BATTERSON, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that as such, he did execute this Settlement Agreement and General Release of All Claims for the purposes contained herein. ed WITNESS my hand and notarial seal, this the 22" day of December, 2022. NOTARY PUBLIC AT LARGE Weeeel \/29(2023 My commission expires:GREGORY STROUD STATE OF TENNESSEE : COUNTY OF HAMILTON: Before me, a Notary Public, duly appointed, commissioned and qualified in and for the State and County aforesaid, personally appeared GREGORY STROUD, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that as such, he did execute this Settlement Agreement and General Release of All Claims for the purposes contained herein. th WITNESS my hand and notarial seal, this the 29" day of December, 2022, re) 4, My commission expires: thoy: 2023 STATE OF TENNESSEE : COUNTY OF HAMILTON: Before me, a Notary Public, duly appointed, commissioned and qualified in and for the State and County aforesaid, personally appeared JARELLE WOLFF, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that as such, he did execute this Settlement Agreement and General Release of All Claims for the purposes contained herein. ue) WITNESS my hand and notarial seal, this tne? day of December, 2022. lao NOTARY PUBLIC AT LARGE” My commission expires: _ | (25 (2023 8M RE 10STATE OF TENNESSEE : COUNTY OF HAMILTON: Before me, a Notary Public, duly appointed, commissioned and qualified in and for the State and County aforesaid, personally appeared JONATHAN WATKINS, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that as such, he did execute this Settlement Agreement and General Release of All Claims for the purposes contained herein. vd is the 22. day of December, 2022. Koby oii, NOTARY PUBLIC AT LARGE. , My commission expites: |/29(2023 WITNESS my hand and notarial seal, TON MICHAEL Folk Before me, a Notary Public, duly appointed, commissioned and qualified in and for the State and County aforesaid, personally appeared MICHAEL HOGSED, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that as such, he did execute this Settlement Agreement and General Release of All Claims for the purposes contained herein. STATE OF TENNESSEE : COUNTY OF HAMILTON: WITNESS my hand and notarial seal, this the 2! day of December, 2022. ao RL Nat Ree NOTARY PUBLIC AT LARGE — ", | /29(2022 My commission expires: iTODD CLAY STATE OF TENNESSE! COUNTY OF HAMILT( Before me, a Notary Public, duly appointed, commissioned and qualified in and for the State and County aforesaid, personally appeared TODD CLAY, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that as such, he did execute this Settlement Agreement and General Release of All Claims for the purposes contained herein. way Re a WITNESS my hand and notarial seal, this the 2” day of December, 2022 My commission expires: (25/2023 STATE OF TENNESSEE COUNTY OF HAMILTON: Before me, a Notary Public, duly appointed, commissioned and qualified in and for the State and County aforesaid, personally appeared ZACHARY SMITH, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that as such, he did execute this Settlement Agreement and General Release of All Claims for the purposes contained herein, WITNESS my hand and notarial seal, this the 2! “day of December, 2022. My commission expires: (2 POLS 12ZACHARY FULLER STATE OF TENNESSEE : COUNTY OF HAMILTON: Before me, a Notary Public, duly appointed, commissioned and qualified in and for the State and County aforesaid, personally appeared ZACHARY FULLER, with whom [ am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that as such, he did execute this Settlement Agreement and General Release of All Claims for the purposes contained herein. ye WITNESS my hand and notarial seal, this the 22” day of December, 2022. oY a8 Rey) NOTARY PUBLIC AT LAR¢ My commission expites: (29 (2022 STATE OF TENNESSEE. : COUNTY OF HAMILTON: Before me, a Notary Public, duly appointed, commissioned and qualified in and for the State and County aforesaid, personally appeared MICHAEL KEEF, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that as such, he did execute this Settlement Agreement and General Release of All Claims for the purposes contained herein, WITNESS my hand and notarial seal, this the‘. | day of December, 2022. NOTARY PUBLIC AT LARGE we My commission expires: /29 (2023 13APPROVED BY: DAVIS & HOSS, P.C, By: a NIE PARKS|VARNELL ~ BPR #31256 |AN DAVIS — BPR #038138 Chattanooga, TN 37403 (423) 266-0605 - Telephone (423) 266-0687 — Facsimile Attorneys for Respondent, Bobby Adams, Celtain Batterson, Gregory Stroud, Jarrelle Wolff, Johnathan Watkins, Michael Hogsed, Todd Clay, Zachary Fuller, and Zachary Smith CITY OF CHATTANOOGA, TENNESSEE OFFICE OF THE CITY ATTORNEY By: ° PHILLIP A/NOBLETT — BPR #10074 Interim City Attorney KATHRYN C. McDONALD ~ BPR #30950 Assistant City Auorney 100 E. 11" Street, Suite 200 Chattanooga, TN 37402 (423) 643-8250 — Telephone (423) 643-82855 — Facsimile Attorneys for Petitioner, City of Chattanooga 14