R-05-13 Approving Settlement Agreement and Release (Weinert vs. Village of Lemont)Resolution No.
A Resolution Approving Settlement Agreement and Release
(Weinert v. Village of Lemont)
BE IT RESOLVED by the Village President and Board of Trustees of the Village of
Lemont as follows:
SECTION ONE: The Settlement Agreement and Release relating to two lawsuits
filed by Robert Weinert (Weinert v. Village of Lemont, Case No. 09 C 06889; Wienert v. Village
of Lemont, Case No. 13 C 235), attached hereto as Exhibit A and incorporated in its entirety, is
hereby approved.
SECTION TWO: The Mayer an&er Village Qe EVillage Administrator's signature
on the Settlement Agreement and Release is hereby approved and
ratifiedand to ..,a'ne miner eh. s to the d,,,.ument prior to exeetilienwhieh ao of fn,,t _ all
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE,
ILLINOIS on this 28th day of January, 2013.
PRESIDENT AND VILLAGE BOARD MEMBERS:
Rick Sniegowski
Jeanette Virgilio
ATTEST:
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CHARLENE M.SMOLLEN
Village Clerk
N 563424
NAYS: ABSENT: ABSTAIN
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AYES:
Debby Blatzer
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Paul Chialdikas
Clifford Miklos
Ron Stapleton
Rick Sniegowski
Jeanette Virgilio
ATTEST:
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CHARLENE M.SMOLLEN
Village Clerk
N 563424
NAYS: ABSENT: ABSTAIN
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Settlement Agreement and Release
This Agreement is made this 17th day of January, 2013.
The parties to this Agreement are ROBERT WEINERT and the VILLAGE OF LEMONT
( "VILLAGE ").
The parties having agreed to settle two lawsuits filed by ROBERT WEINERT,
commonly known as Weinert v. Village of Lemont, Case No. 09 C 06889, and Weinert v. Village
of Lemont, Case No. 13 C 235, both pending in the U.S. District Court for the Northern District
of Illinois, Eastern Division (the "Litigation "), agree as follows:
The parties agree that, in consideration for the terms and payments as set forth below, this
agreement shall serve as a full and complete release of any and all claims as may presently exist,
as to the VILLAGE so as to bar ROBERT WEINERT from pursuing any litigation or claim
against the VILLAGE in the future, arising out of any of the same facts as set forth in the
Litigation.
ROBERT WEINERT agrees that he will voluntarily dismiss, pursuant to the terms of this
settlement agreement, both of the lawsuits that comprise the Litigation and agrees that he has not
filed and will not file any other claim or litigation arising out of his employment with the
VILLAGE arising from any act or occurrence up to the date of execution. To the extent that any
notification must be made to the EEOC, WEINERT or his counsel will make that notification.
ROBERT WEINERT also agrees to withdraw or notify the appropriate Village or union officials
of the withdrawal of any grievances filed by WEINERT with the Village that may still be
pending. The parties will jointly stipulate to dismiss the Litigation, with prejudice, each party
bearing its/his own fees and costs.
The VILLAGE agrees that following his shift which began on January 17, 2013,
ROBERT WEINERT, will be allowed to utilize all of his available vacation time, compensatory
or "Comp" time and sick days (totaling 885.07 hours), so as to allow him to retire effective June
16, 2013. In doing so, ROBERT WEINERT will not be required to report to work again as a
police officer for the VILLAGE following the end of his shift which commenced on January, 17,
2013
The VILLAGE agrees to continue to compensate ROBERT WEINERT as a 2184 hour
employee at the rate of $82,004.10 per annum from the date of the execution of this agreement
through April 30, 2013. The VILLAGE agrees that ROBERT WEINERT will be entitled to an
increase as a 2184 hour police officer employee to the rate of $84,054.20 per annum
commencing May 1, 2013 through the date of his retirement on June 16, 2013. ROBERT
WEINERT's annual salary for pension purposes at retirement will be $84,054.20.
ROBERT WEINERT agrees that as of the date of his retirement on June 16, 2013, he will
be deemed to have exhausted all of his available vacation time, compensatory or "Comp" time
and sick days, and that the VILLAGE will owe him no further compensation of any kind
whatsoever, except for his pension.
ROBERT WEINERT agrees that even though he will remain on the payroll of the
VILLAGE until June 16, 2013, he will have no authority to represent himself as an employee of
the Village of Lemont or as a police officer with the Village of Lemont after the completion of
his shift on January 18, 2013. WEINERT agrees that he will return all equipment required to be
returned to the VILLAGE except for his Police Officer Commission Card. WEINERT also
agrees to return all badges, including any that may have been purchased by him personally. Any
badges personally purchased by WEINERT will be encased in Lucite by the VILLAGE at no
cost to WEINERT and returned to him for display purposes.
In consideration of the foregoing, the VILLAGE agrees to waive its right to recover any
and all costs and fees which it would be entitled to recover from ROBERT WEINERT as the
prevailing party on the VILLAGE's motion for summary judgment.
The VILLAGE further agrees that it will issue ROBERT WEINERT a retirement badge
and Retirement Commission Card indicating his retirement as a police officer with the Village of
Lemont on or before on June 16, 2013. ROBERT WEINERT will return his Police Officer
Commission Card at the time that he receives his Retirement Commission Card and retirement
badge.
In consideration for the forgoing, ROBERT WEINERT does hereby release and forever
discharge the VILLAGE, the Intergovernmental Risk Management Agency, and any other
person, firm or corporation charged or chargeable with responsibility or liability, their heirs,
representatives and assigns from any and all claims, demands, damages, costs, expenses,
attorneys' fees, loss of services, actions and causes of action, arising from any act or occurrence
up to the date of execution and particularly on account of all personal injury, emotional distress,
loss of liberty, Civil Rights violation, constitutional deprivation, disability, loss or damages of
any kind already sustained or that he may hereafter sustain in consequence of the alleged age
discrimination and all related matters, including, but not limited to, those matters set forth in the
Litigation and any predecessor filings with the Equal Employment Opportunity Commission
and/or the Illinois Department of Human Rights.
To procure payment of the said sum, ROBERT WEINERT hereby declares: that he is
more than 18 years of age; that no representations about the nature and extent of said injuries,
disabilities or damages made by any physician, attorney or agent of any party hereby released,
nor any representations regarding the nature and extent of legal liability or financial
responsibility of any of the parties hereby released, have induced him to make this settlement;
that there has been taken into consideration not only the claimed ascertained injuries, disabilities
and damages, but any which might arise in the future arising from any act or occurrence up to the
date of execution.
`a
ROBERT WEINERT agrees that the VILLAGE admits no liability of any sort by reason
of the alleged age discrimination and/or retaliation claim, and that the resolution and compromise
of disputed claims is made to terminate further controversy, costs and expenses arising from
claims that have heretofore been asserted or that might hereafter have been asserted because of
said occurrence.
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2
Signed this 7 A day of , t3013 z�iv�
Robert Weinert
STATE OF ILLINOIS )
)SS
COUNTY OF COOK )
On this 7"' day of 3a�tt ary 2013, before me personally appeared Robert Weinert,
personally known to be the person who executed the foregoing instrument, and acknowledged
that he executed the same as his free act and deed.
OFFICIAL SEAL
JUAWANNA DE8V
Notary Public - State of Illinois
My Commission Expires Aug 18, 2015
Attest:
" ,
indaIvI►o tl or, Dep. Village Clerk
4
No Pub is
Village of Lemont, a municipal corporation:
By:.
Benjamin P. Wehmeier
Title: Village Administrator
Signed this i Y day of January, 2013