Professional Documents
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Police Chief Freddie Blackmon's Severance Package Offer
Police Chief Freddie Blackmon's Severance Package Offer
In exchange for the consideration described above, Employee agrees to the following:
4. General Release and Covenant Not to Sue. Employee hereby voluntarily, irrevocably, fully
and completely RELEASES, ACQUITS, AND FOREVER DISCHARGES CCG,
including its current and former Mayors, Councilors, elected officials, predecessors,
successors, agents, officers, employees, representatives, attorneys, insurers, and all persons
who act on behalf of CCG (collectively known herein as “Releasees”) from any and all
claims, complaints, liabilities, obligations, promises, agreements, controversies, damages,
actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses of any
nature whatsoever (whether known or unknown) which Employee ever had, may have, or
now has rising from or related to, directly or indirectly from Employee’s employment with
CCG and the termination of the same, and any actions by CCG or any employee, officer,
agent, or representative of CCG related thereto, or any other events accrued or occurring
before the execution of this Agreement, including, but not limited to:
a. All claims relating to Employee’s employment with CCG and/or the Columbus
Police Department and the termination thereof, whether based on state or federal
law, including, but not limited to, claims for pay, commissions, incentives,
insurance, medical or other benefits or bonuses of any type or character, vacation,
leave, transfers, promotions, failures to promote, disciplinary or other adverse
action(s) affecting Employee during his employment, and all other terms and
conditions of employment (or changes thereto) or employment practices;
b. Claims of alleged discrimination, unequal or insufficient pay, hostile work
environment, harassment or retaliation of any type, including, but not limited to
claims for violations of Title VII of the Civil Rights Act of 1964, the Americans
with Disabilities Act, 42 U.S.C. § 1981 et seq., The Equal Pay Act, the Fair Labor
Standards Act, the Civil Rights Act of 1991, The Age Discrimination in
Employment Act, 29 U.S.C. § 621 et. seq., the Civil Rights Act of 1866, the Family
and Medical Leave Act, the National Labor Relations Act, the Labor Management
Relations Act, Executive Order 11141, the Vietnam Era Veteran’s Readjustment
Act of 1974, the Uniformed Services Employment and Reemployment Rights Act,
the Rehabilitation Act of 1973, the Worker Adjustment and Retraining Notification
Act, the Sarbanes-Oxley Act of 2002, and the Employee Retirement Income
Security Act;
c. All claims based on any oral, written, or implied contract;
d. All claims based on any tort, including, but not limited to, claims for personal
injury, negligence, intentional infliction of emotional distress, defamation,
negligent retention, hiring or supervision, promissory estoppel, public policy,
retaliation, or bad faith refusal to pay;
e. All claims for costs, interests, and attorney’s fees; and,
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f. All claims based on any other federal, state, or local constitutional provision,
statutes, ordinance, resolution, regulation, or policy (statutory or common), or legal
or equitable theory;
g. The release provided herein does not apply to (a) the payments to be provided
under this Agreement, (b) any claims with respect to any other employee benefits
due under applicable law or vested benefits provided under the terms of any written
benefit plan maintained by the CCG, (c) any rights to indemnification or insurance
coverage conferred as an employee of CCG, (d) any claims that may arise after the
date on which this Agreement is signed, or (e) any claims for which releases are
prohibited by law.
Employee represents that he has not and agrees that he will not file any claims, lawsuits,
or charges concerning his employment with CCG. Nothing in this Agreement is intended
to interfere with Employee’s rights under federal, state or local civil rights laws or fair
employment practice laws, to initiate or file a charge of discrimination with the EEOC or
a comparable state or local agency, to participate in any such agency proceeding, or to
cooperate in an investigation by any such agency. Notwithstanding this, you agree to waive
your right to recover monetary damages in any charge, complaint, or lawsuit filed by you
or anyone else on your behalf.
5. Non-Admission of Liability. It is agreed and understood that neither the offer of this
Agreement nor the provision of any payments hereunder constitute or will be construed as
an admission of liability or of any wrongdoing or violation of law by CCG.
6. Breach. Any breach by Employee of the obligations under this Agreement shall be
considered a material breach of this Agreement. Employee acknowledges and understands
that in the event of such a breach or threat to breach this Agreement, CCG and its
representatives shall be entitled to appropriate injunctive relief, in addition to any other
rights and remedies they may possess, and shall be further entitled to recover reasonable
costs and attorney’s fees incurred in seeking relief for any such breach or threat by
Employee. Any failure of any party to this Agreement on one or more occasions to enforce
or to require the strict keeping and performance of any of the terms and conditions of this
Agreement shall not constitute a waiver of any such terms or conditions at any future time
and shall not prevent any party from insisting on the strict keeping and performance of
such terms and conditions at a later time.
7. Review. Employee agrees and recognizes that he has the opportunity to review this
Agreement with legal counsel.
8. Review Period. Employee understands and acknowledges that he has until 5:00/PM EDT
on Wednesday, April 5, 2023, to sign and return this Agreement to CCG. If Employee
fails to do so by that deadline, the Agreement will be voided and all offers permanently
revoked.
9. Severability. Should any provision of this Agreement be declared or determined by any
court of competent jurisdiction to be illegal, invalid, or unenforceable, then the legality,
validity, and enforceability of the remaining parts, terms or provisions, shall not be affected
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thereby and said illegal, unenforceable or invalid part, term or provisions shall be deemed
not to be part of this Agreement.
10. Governing Law. The laws of the State of Georgia shall govern this Agreement, and its
courts shall have jurisdiction over and be the venue for any disputes arising out of this
Agreement.
11. Entire Agreement. This Agreement sets forth the entire understanding and agreement
between the Parties; it fully supersedes any and all prior contracts or agreements between
the Parties pertaining to compensation or severance; and it likewise fully supersedes any
and all other conflicting agreements or understandings between the Parties.
EMPLOYEE ATTESTS THAT HE HAS READ THIS AGREEMENT CAREFULLY
AND FURTHER ATTESTS THAT HE UNDERSTANDS THAT THIS AGREEMENT
INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AND IS
VOLUNTARILY EXECUTED.
(L.S.)
Date EMPLOYEE
________________________________
B.H. “Skip” Henderson, III, Mayor
Attest:
________________________________
Clerk of Council
_________________________________
Clifton C. Fay, City Attorney