‘SETTLEMENT AGREEMENT AND RELEASE OF ALL. CLAIMS “This Stiement Agresment nd Release of All Cis (‘eles s made between THE: CHARTER TOWNSHIP OF EMMETT, MICHIGAN (bercinaer refered t9 «5 “THE, ‘TOWNSHIP and JOSHUA MOSLEY (besinaer refered tas MOSLEY") ‘THE TOWNSHIP and MOSLEY hereby scknowlegethefllowing WHEREAS, MOSLEY bas fled Charge of Diseriminaton wih the Equal Employment Opportinity Commission aginst THE TOWNSHIP, being EEOC Charge No, 471-2023-00743 (the BEOC Charge" WHEREAS, MOSLBY's storey, David Blanchard of Blanchard & Welker PLLC, bas indicated his inte to fie lav on Moseys bel inthe nied Sates District Court forthe Wester Distt of Michigan aginst the Township, Twste Jin Mende, and Director of Public Salty Ken Caningha (the Lawl lleging intentional cil darimination in the terms end conditions of bis employment, ‘WHEREAS, MOSLEY has made certain llegtions andl inthe EEOC Charge and ‘he Laws atsinst THE TOWNSHIP ating out of hs employment with THE TOWNSHIP; WHEREAS, the pats, withoat any suggestion or aston fb o alt, wish o sete, compromise, and dispose fal claims, disputes, demands, or zuses of ation wich Were, co could bave been aseted by MOSLEY in the EEOC Charge ander the Lawsuit agaist THE, TOWNSHTE, aswel a al thr difeences between the pre. WHEREAS, THE TOWNSHIP, in respons to the allegations, has agree to provide cei (ining of Township Employes, Polise Ofcers, and cetd oficial egerng the iv igs of sient and employees, particulary with regard tothe fl respect for iil igs and workplace rightsIN CONSIDERATION OF THE FOREGOING, IT IS HEREBY MUTUALLY AGREED BETWEEN MOSLEY AND THE TOWNSHIP AS FOLLOW! 1. As.used herein, she term “THE TOWNSHIP” means the Charter Township of ‘Emmet, Michigan and its pst and present: Board of Tastee, individual Board Member, elected ical, employees, representatives, agents, and attorney, jn thei individual and officiel ites, The partes expressly agree that as used herein, “THE TOWNSHIP” shall also oo specifically mean Sm Meade, nhs individual and official capacity 2 As used herein, the term "MOSLEY" mems Joshus Mosley and hit ber, tomeys, representatives, administrators, executor, succestrs, personel representative, and assigns, MOSLEY represcats tht be has retined David Bhachard ofthe Iw fim Blanchard Watker PLLC to represent im and negotiate hs Agresment on is behalf 3. Im considration forthe promises and sgreemeats of THE TOWNSHIP set forth hein, MOSLEY agrees to voluntarily and imevocably resign his employment with THE uy (2, 00d ‘TOWNSHIP, efectve JM ‘By execution of ‘Agreement, THE TOWNSHIP accepts MOSLEY'S resignation, MOSLEY agrees to ree all Township owned or issed operty in is possession ono befor his tof resignation 4. Infurther consideration fr the promise and aresments of THE TOWNSHIP st forth herein, MOSLEY (as defined in Paragraph 2) hereby relinquishes and releases THE. "TOWNSHIP (as etn in Paragraph) fey andalsghs, him, end causes of sto he bas, ed, or may have against THE: TOWNSHIP, whether lows or urknown, whether freceble or unforeseabl, which arise or scerue prior othe execution ofthis Agreement, including, but not iit t,he following Any and all lms rising under eny let, tal ce federal atl, common law or ‘ortnaee, o the Michigan or United States Conttton, including, but ot itd {o, any and all elaims arsing under the Civil Rights Act of 1865, 42 U.S.C. §1981; the (Civil Rights Act of 1871, 42 US.C. §1989; Title VL ofthe Civil Rights Act of 1968,42 USCC §§2000, ef s694 the Equal Pay Act, 29 USC. §206(0); the Employee Retivement Income Security Ack 29 US.C. $1001, of segs the Americans With Disables Act, 42 US.C. §12101, e 09; the Fully Medial Leave Act, 29 U.S.C 26115 the Fair Labor Standards Act, 29 U.S.C. §201, 1507; the Genetic Information Nondizeriminaton Act, 42 US.C. §2000M%, ser; the Uniformed Services Employment and Reemployment Rights Act of 1994,38 US.C. §4301 et sea; the Elliot-Larsen Civil Rights Act, MCLA §372101, et seq; the Whistleblowers Protection Act, MCLA §15.361, <2 the Persons With Disabilities Civil Rights Ac, MCLA §37.101 rep the Wages end Fringe Benefits Act, MCLA §408.471, 15095 the Public Employment Relations Act, Act 336 of 1947, as amended; or any other federal, state o local common In, site, ordinance or constitution; 'b,_ Any cain or sult alleging that THE TOWNSHIP improperly, iepally, or unity * termingied MOSLEY er forced him orsign; Any claim, grievance, or suit over which any sate or federal court would have: Jurisdiction; 4. Any claim, grievance or suit alleging abreachof any polcies, procedures, employment ‘agreements or eolectvebargeining agreements; Any and all claims for economic damages, including, but not limited to, eny and sl ‘aime for lost wages or fringe benefits, fre lost Wages or fnge benef, medical ‘expenses, or other uo pocket cons; Any nd all lsims for damages for be, defamation, orloss of reputation; ‘Any and all claims for non-economis damages, includ, but not imited to, any and all claims for mental or emotional dsiress, pai, sulfecicg, hums‘, or any mental, ‘emotional, or psychological injuries 1b. Any and all las for attorneys fees, cots, or expenses; and i. Any and all elaims that were or could have been assert inthe EEOC Charge or the Lawes. 5, MOSLEY further promises and agrees not ile sui or insite any lest, legs, storey fers or any oer ‘oc adnstratveprocesding seohng damages, compensation, benef remedy or ei besed upon ay igh, claim, or cause of ation released in Paragraph 4 cove. [MOSLEY further sprees not allow or auborze ay pct or ety to file such suit, gn, x sminisative proceeding on is bal. In the event his ocr in breach of his Agreement, [MOSLEY will pay all damages, costs, nd reasonable atomey fess ncured asa result of THE‘TOWNSHIP defending such acai, and all ofthe provisions of his Agreement shall emai ie fall force and effet. MOSLEY waives his right to rezover and promites not to accept ny compensation, benefits, damages, atiomey fes, or any other emedy orl, which arise out of any lawsuit, legal, or administrative proceeding initited or pursued by ay person or entity against ‘THE TOWNSHIP based upon any lnm, right, or cause of action released in Paragraph 4 above 7. MOSLEY promises and agres to authorize his atomeys, Blanchard Walker PLLC, to immediatly execute al necessary papers to dismiss or wihdraw te BEOC Charge, wi prejudice, and without costs or atomey fees as wo all putes. MOSLEY hereby agres and acknowledges that this Agreement is expressly conditioned upon the foregoing, and upon the actual dismissal or withdrawal, with prejudice and without costs or atormey Fes to any pat, of the EEOC Charge. 8 As consideration forthe promises, covenants, and ageemerts of MOSLEY set forth herein, Michigan Municipal Risk Management Authority, on behalf of THE TOWNSHIP, will pay he sum of Three Hundred Thousand Dollars ($300,000.0), payable at follows: = Two Hundred Thousand Dollars ($200,000.00) payable to Joshua Mosley in ful consideration for release of Mosley’ elease of cams as described above. = One Hundred Thousend Dollars ($100,000.00) payable to Blanchard Walker PLLC in fall payment and consideration forall storney fees and costs raed to the released chime as deserted above. tis exeesy understood and agred upon by he parts tt such payment shal be delivered Mosteyscounsel within fourteen 14) days receipt ofan RS form W-9 fr Slanchard Walker PLLC and Joshua Mosley or witha or dismissal ofthe EEOC Charge whichever occurs tet 9. Infuherconsiderton forthe promises, covenants, and agresmens of MOSLEY set fot herein, THE TOWNSHP wil aso pay severance in he mp sum of Twenge ‘Thousand Dollars ($25,000.0), essay applicable standard withholdings or deductions, payableto Joshua Mosley. 10, _Infurter consideration othe promises, covenants, nd agreements of MOSLEY set forth erin, THE TOWNSHIP agrees to provide MOSLEY wih « positive later of ‘recommendation, and authorizes the Township Supervisor to respond to iaqures and provide job refreces and statements coniming his voluntary resignation and his pesivecontibtons and honorable representation ofthe Township inthe course of his ies 11, MOSLEY seknowiedges and ares that ay ability frases, withholdings, or penis tht may be imposed by reason of he payment described in Paragraphs 8 and 9 above shall be the tole responsibilty of MOSLEY and shall not be the reponsiiity of THE TOWNSHIP. 12, MOSLEY gresthatnothingin this Agreement shale canstrud as an edision of wrongdoing or ability by THE TOWNSHIP, MOSLEY further ares that this Agreement shall nt be offered or edited in any proceeding to prov o infer any wrongdoing or lisity sgunst THE TOWNSHIP, excep in «proceeding lleging»bresch of his Agreement. Rather, ‘he pris acknowledge tat they kav entered int this Agreement oreo thir iferences nd ‘oad farther gation expenice tnd cour cons. 13, MOSLEY agrees that he will not (etl or inet rough anyone ectng on ‘sche disclose the temas and condos of this Agreement, or the nepotation regarding this Agreement or the seteent amount, except s require by aw. 4. MOSLEY represent hat he has read and understands the ms of this Agresent td that he enters into it knowingly and voluntarily, without any coacion or ntimidton. MOSLEY scknowledges tht he hs consled with his atorney, David Blacher of Blanchard ‘& Walker PLLC, concesing hit aright nd the consequences of entering int tis Agreement. 15. Thepartes promise covenant. and agree to exercise ther bet, good fh uderent and efforts to effectuate ad promote the sprit of ths Agreement and Wo prepare and execute anynd all documents and undertake all ston necessary to effectuate the purpose ofthis Agreement ss rapidly as posible 16, ‘The panies acknowledge and seco Chet if say provi ofthis Agreement is detemsined tobe unenforceable by any cout or buna, the remain ofthis Agreement shall remain in fll free and effect and shall not be affected tery. MOSLEY aprox and seknowledges that he may not hallnge the validly of this Agreement, whee by elim or defense, without st tending bck ll compensation o benefis or consideration he received pursues it 17, ‘This Agreement represents the complete undestundng ofthe partes and sal be nding yon the parties, thir epesenttivs, successors, sod assigns. No ater promises or sgruments shal be binding beeen th aris ules in wong and sone by the pares. The paris fhe aust his Aazcemeot may only be modified by writen document signed by cach pry, MOSLEY cepssnt ta, other than the promise efor eri, na ther promis, represetations, or inducements have ben made 1 indce bio eter ito his Agreement | This Agrument may be exscued in counterpart, ncuing signi and other page sel by facsimile or leone mill of which shal cost ose end the same agreement, 19. The putes acknowledge and agree that this Agrerent is subject to, and is contingent pon, he sprovl ofthe Chater Township of met, Michigan Board of Tastes. JOSHUA MOSLEY CHARTER TOWNSHIP OF EMMETT, MICHIGAN fiimemmm ss / \bralR Uh, Aug 9, 2023 By pate AU 9, 2023 . ws Township Suepary So aes [10/505