HomeMy WebLinkAboutDocumentation_Regular_Tab 10-G_4/9/1998 Memorandum
To: Village Council
From: Thomas G. Bradford, Village Manage $ 2
Date: April 2 , 1998
Subject: Separation Agreement and Release Between Bill C.
Kascavelis and the Village of Tequesta; Agenda Item
Attached hereto, please find a copy of the above referenced for
your review and consideration at your Meeting on April 9, 1998 .
Bill Kascavelis and I have mutually come to an agreement that now
would be the appropriate time for Bill to leave his employment
with the Village of Tequesta. The variables which have had an
effect on the timing of this effort are as follows:
1 Many changes must be implemented in the Finance Department
to improve accounting, budgeting, financial and utility
operations . These include, but are not limited to, new
personnel, new procedures, and new computer hardware and
software.
2 Health issues : Bill is dealing with personal health issues
that affect his ability to effectively deal with the changes
needed.
The Separation Agreement provides Bill $15, 759, which represents
three (3) months of his annual salary. This payment would be in
addition to the separation pay that he is entitled to receive
from any accruals that he may have in accrued vacation and sick
leave.
The Finance Department is the backbone of Village Administration
and operations . Steps have already been taken to seek a new
Finance Director in anticipation of Bill 's departure on June 30,
1998 .
Bill has provided 18 years of service to the Village of Tequesta.
This service alone merits the separation payment contained within
the Agreement in order to facilitate Bill 's departure at this
time, some four years prior to his eligibility of receiving his
retirement pension and Social Security payments .
It is recommended that the Village Council approve the Separation
Agreement and Release for the reasons stated herein.
TGB/krb
c: Bill C. Kascavelis, Director of Finance
council\040298.sam
SEPARATION AGREEMENT AND RELEASE
This Separation Agreement and Release (hereinafter the
"Agreement") is made and entered into by and between Bill C.
Kascavelis (hereinafter referred to as "Employee") and the
Village of Tequesta and its elected officials, managers,
department heads, contractors, employees, agents,
representatives, successors, and assigns . (hereinafter
collectively referred to as "the Village") .
On the occasion of Employee's separation from the Village's
employment, the parties desire to settle fully and finally all
matters and potential differences between them arising out of the
Employee's employment with the Village and the termination of
that employment. Therefore, in order to achieve this result, the
parties agree to the following:
1. In consideration of the promises made by the Employee, the
Village will pay to the Employee the sum of $15, 759 on June
26, 1998, an amount to which the Employee acknowledges he is
not already entitled.
2 . In consideration of the promises of the Village, the Employee
on his own behalf and on the behalf of his executors, agents,
heirs, personal representatives, and assigns and each of them,
hereby voluntarily agrees to terminate his employment with the
Village and hereby releases and forever discharges the Village
from any and all claims, actions, grievances, demands, and
causes of action in law or in equity which Employee may ,have
had or may now have, which are based. on or are in any way
related to the employment and/or separation ,of the Employee by
the Village. Such causes of action include, but are not
limited to, actions arising under the Age Discrimination in
Employment 'Act, . Title VII of the Civil Rights Act of 1964, as
amended, the Americans with Disabilities Act, the Fair Labor
Standards Act, the Employee Retirement Income Security Act,
the Consolidated Omnibus Budget Reconciliation Act, the Family
and Medical Leave Act, actions under state statutes, and any
and all actions Employee may have had or my now have in tort
or contract. The Employee further promises and agrees not to
file, cause to be filed, and/or join in the filing of any
grievance, charge, claim, or action as an individual or as a
member of a class in any federal, state, or local court or
agency, relating to his employment with the Village, and he
waives any right to legal or equitable relief which might be
claimed on his behalf by any class representative or
government agency with respect to his , employment with the
Village.
3 . Employee acknowledges that, once executed, this document
becomes a public record and must be available for any person
for inspection and copying. As such, this document speaks for.
SEPARATION AGREEMENT AND RELEASE
itself, and Employee will not comment or discuss the details
of Agreement with any person, including representatives of the
press or any other media. The only exceptions afforded
Employee to this obligation are that he may communicate with
his accountant regarding any tax or financial implications of
this Agreement; his attorney, and his family.
4 . Employee is advised to consult with an attorney of Employee's
choice prior to executing this Agreement.
5 . Employee has been informed that he has the right to consider
this Agreement for a period of at least twenty-one (21) days
prior to entering into this Agreement. Employee also
understands that he has the right to revoke this Agreement for
a period of seven (7) days following its execution by giving
written notice to: Thomas G. Bradford, Village Manager,
Village of Tequesta, P.O. Box 3273 , Tequesta, Florida, 33469 .
6 . This Agreement shall not be construed as or deemed to be
evidence of an admission of any liability whatsoever on the
part of the Employer or the Village.
7 . Employee agrees to effectively discharge his duties as
Director of Finance through the close of the working day,
Tuesday, June 30, 1998
8 . This Agreement contains the entire Agreement and complete
settlement of the parties, and no other statements, promises,
or understandings of any party may alter the plain meaning of
the terms of this Agreement.
Intending to be legally bound, the parties execute this
Separation Agreement and Release this day of , 1998 .
Employee Employer Representative
2
bck\separation agreement.wordpro