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�e�K� ORANDUM
TO: MayorNillage Council
FROM: Michaet R. Eouuo, Jr., Village Manager �
DATE: April 6, 2001 vL�`f ��
SUBJECT: Village of Tequesta Village Council Meeting Agenda — Item Number XII-B
In accordance with Mr. Joann Manganiello's request for your consideration
and approval of a separation agreement and release of employment as Village
Clerk/Assistant Manager, I submit the attached back up for your review.
The agreement has been prepared by Michael Whelan of Whelan, DeMaio
and Kiszkiel, P.A. (Village of Tequesta Counselors at Law for
employmendlabor issues). Additionally, please note that this agreement has
been reviewed and executed by Joann Manganiello.
I appreciate your consideration in this matter and if you have any questions,
please feel free to contact me.
MRC/rr
Word\MyDocuments\CouzzolAgenda Item Joann
+` 04/06/01 FRI 16:20 FAX 305 a74 0456 iVFiELAN,DEMAIO & KISZHIEL f� 001
FACSIMILE T�ANSMITTAL S�EET
: �H�LAN DEMAItJ � KISZ�L p.�
' Counselois at Law
1�(l l Brickeli Avenuc, Suite 500 Employmcnt • I.abor • Employee Bencfits
Mi�mi. F�urida 33131 Liti�ation dc Counscling
'1'�L: (305) 374-0506 FAX� (305} 374-0456 TNTERNET: wdmailCa�wdlaw_com
70: : FR0�3�
Michael R. Couzzo, Villa�;e Managcr M ich a e l G. Whelan
C�7MPANY�AGL•KT: �w'rr,:
Viilage ofTequesta April 6, 2001
FA� Niif�SArR_ TOTAL NO. OF PAqES ttiCLUDING COVER�
($�1� s7s-6?o3 S
t�NONE NifMBrR=
(56I) S7S-6200
NOTES/COMM L• HTfi:
If all pages are uot received, please call us at (305) 3740506.
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04/08/O1 FRI 16:20 FA% 305 374 0456 WHELAN,DEMAIO & KISZRIEL � 002
- : WHELAN �1V11�IO � J.1LJ� P.A. �
� Counselors at Law
I�Ql Brickcll Avenuc
Suite SOQ
Miami. Florida 33331
'fEL: (305) 3��-O�U6
fnX: (305) 374-U456 EmpToyment - Labor - Pcnsion & Acncfits
WEBPA(iE: wcllaw_com Liti�ation & Counselin�
April 6, 2QOl �
VIA FACSIMILE
Michael R. Cou�o, Jr.
'Viilage Manager
Village of Tequesta
P.O. Box �273
357 Tequesta Drive
Tequesta, FIorida 33469
Dear Mr. Couzzo:
Please find attaehed a dr�ift of the Separat[on Agreement and Release between the Village
of Tequesta and 3aann Manganiello. We have included customary language req�uired to
est�tblish a knowing and voluntary rele�se under federal law, and have incorpotated
changes requestcd by Ms. ManganieIlo tbat co�nvey the tone of her serviee with the
Villag� and her �volut�tary resignation. If this docurnent rneets with your approval, we
recommend that it be approved by the Village Council before you execute it on behalf of
the V'iilage.
If you have any quesfiions or conunents, please do not hesitate to contact me.
Sineere ,
Michael G. elan
MGV�':end
Attachmcnt
- 04/06/O1 FRI 16:20 FA% 305 374 0456 WHELAN,DEMAIO & KISZRIEL �j003
� SFPARA'Y'Y�11j A �RF.F,MF.NT AND RF'T. .A� .
: This Sepazation A�reement and Release (hereinafter the "Agre�ment") is
mad� �and entered into by and between Joann Manganiello (hereinafter re�erred to as
"Employ�e") and the Village of Tequesta, �lorida, its Council members, Village
Manager, department heads, contr�ctars, emplQyecs, agents, attorneys, representatives,
suecessors and ass d�ns (hereinafter collectively referred to as "VILLAGE").
: Whereas, Employce has been a long-standing, valued employee af thc
VILLAGE, working in various capacities on beh�lf of the VYLLAGE; and
: Whereas, Employee has achieved the i.mportant positians of Assistant
Villag� Manager and Village Clerk, in ad�ition to being Acting Village Manager and
Acting Utilities Director, ha�ving rceeived exemplary reviews of her performatace in all
capaciries p�rfarmed by Employee on behalf of the VILLA.GE; and
: Vt�hcreas, the VIr.LACrE wishes to recognize the long service of Employee
and enter into this Agrecment; and
: Therefore, in order to achie�e this result, the parties agree to the followi�g:
: 1. In consideration of the promises made by the Ernployee, VILLAGE
will pay ta the Employee a lump sum equivalent t nine months pa.y, less appli�able
withholding, an amaunt to which Employee acknowledges s e is not already entitled.
Employee wi11 also receive her accumulated vacation up to the maximum accrual
providEd in the Village's Employee Handbook and 40% of sick leave up to the maximum
accrual as provided in Village's Employee Handbook. Provided that Employee does not
rcvoke this Agreement pursua�nt to �'aragraph 7, the VILLAGE shall pay the Emplayee
the amounts referenced herein by close of business Friday, April 20, ZOOI.
� 2. As additional consideration to Ernployce, aIl life, health, dental and
dis�.bility i.nsurance beriefits pravided by the VII,LAGE shall continue in fui] force and
coverag� at the VII..LAGE's expense until ranuary 31, 2002, or until similar cavera.ge is
pravided to Employee by a subscquent employer and such coverage is in full force and
effect, whichev�r comcs first. 5aid continuation of group health insurance coverage shall
be in:addition to the protection afforded Employee by the Consolidated Qmnibus Budget
Reconciliatian Act of I985 (COBRA). Covcrage under COBRA shall be at the
Employee's expense and shaiI commence upan the expiration of all coverage provided
herein.
� 3. The VILLAGE acknowledges Emplo�ees long and valued sErvice to
the VILLAGE and will give favorable recommendations to an� futur� potential employer
of Eiitployce. A copy of thc recommendation to be signed by the Village Mana�er of
04/06/O1 FRI 16:21 FA$ 305 374 0456 W�LAN,DEMAIO & KISZRIEL �¢1004
. .
. Manganietlo and Village of T�questa
Separation Agreement and Release
Page 2
Village letterhead is attached hereto. Employee may submit copies af this lctter to
prtsspective cmplayers.
� 4. In cot�sideration of the promises of'VTLLAGE, the Employee on her
own behalf and on the behalf of her executors, agents, heirs, personal representatives, and
assigns and each af them, hereby agrees to resign her employment with 'VILLAGrE
effective A ril 13, 20p 1, and she hereby releases and forever discharges the Village of
7'equESta, Flon • xis Couneil members, Villa ge lVYana ger, de partment h�ads, contractors,
empioyees, agents, at�arneys, representatives, succ�ssors and assigns frorn any and all
claims, actions, demands and causes of �ction in law or in equity which Ernployee nnay
havc had vr may novv have, which are based on oX are in any way relafed to her
employrncnt and/or separation af her employment fro the 'VILLAGE. Sueh causes of
action include, but are not limited to, actions arisin.g under ths Florida Whistleblower's
Act, the U.S. �.nd Florida Constitutions, the Age Discrimination in �mployment Act, Title
VII af the Civil Rights Act of 196�, as amended, the Americans with Disabilities Act, the
Fair Labvr Standards Aet, the Employ�e Retirement Incozne Security Act, the
Cansolidated Oz�nnibus 8udget Reconciliation Act, the Farnil.y and Medical Leave Aet,
the Plorida C.ivil Rights Act of 1992, actions under otlier st�te statutes and/or local
ordinanees ant� Handbooks, and any attd all actions Emplo�e� may have had or rnay now
have in tort or contract, and any gzievances or other administrative actions the Ernployee
had or may now have. The Employee furkher promises and agrees not to fil�, cause to be
filed, � and/or j ain in the filing of any grievance, chargc, claim or act�on as an individual or
as a member of a class in any federal, state or local court ar agency, relati�g to her
emptoyment with VILLA.GE, and she waives any right to iegal ar equitable relief whieh
might be claimed on her beh�lf by any class representative or gc��'ernrnent agency with
respect to her ernployment with VIX..�.AGE.
: 5. Employee acknowledges th�t, once executed, this docnment beco�m�s
a public record and must be availabic for any person for inspechon and copying. As su�h,
this document speaks for itself, and Employee will not camment or discuss her separation
or the details of th�s Agreement witb any person, i�cluding representa.tives of the press ar
any other media The onl� exccptions �fforded Employee to this abligation a�e that she
may cQrnmunicate with her accouritant regarding any tax or financi�,l Yrnptications of this
Agr�em�nt, her attorney, and her immediate fanuly, so long as these excepted individuals
are pivvided with a capy of this provision �nd agree to not fitrthet disclose in accordance
with the teTms of this provision.
: G. Ernployee �tck�nowlcdges that she has had, at a11 times material to the
nebotiation and cxeeutian of this Agreement, the advice of cornpetent legal �ounscl of her
04/OB/O1 FRI 16:22 FAX 305 374 0456 W�LAN,DEMAIO & HISZRIEL �j005
,
Manganiello and Village of Tequesta
Separation Agreement aad Release
Pa�e 3
ov�m choosing, that she is satisfied vvith such legal counsel, and that she has entered this
Agreement knawingly, voluntarily, and with a camplete understanding of its provisiores.
� 7. Pursuant to 29 U.S.C. §626 (�, Employee has been infornled �hat she
has flie right to cansider tlus agreement for a p�riod of at Ieast twenty (21) days prior
to entering into this Agreement. Employee also understands that she has the right to
rcvoke this Agreement for � period of seven (7) days fallQwing its execution by gi'ving
written notice to:
� Michael R. Cauzzo, Jr.
� Village Manager
: VilIage of Tequesta
: P.O. Box 3273
: 357 Tequesta Drive
: Tequesta, Flori�a 334G9
� 8. This Agreement sh�ll not be construed as or deerned to be evidence
of an �admission of any liability whatsoever on the part of the 8Yx►ployce ar the VII.I.AGE.
� 9. This A�reement contains the entire agreemettt and complete
under:standing of the parties, and no other statem�nts, promises or understandings of any
party:may alter the plain meaning of the terms af this Agr�cment.
: Tntending to be legaIly bound, the parties exccute this S�paratipn
Agreement and Release this _ day of 20o r.
� VILLAGE OF TEQUESTA
Joann M�nganiello Michael R. Cauzzo, 7r., Village Mana.�er