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R-81-24 Approving Voluntary Separation Agreement and ReleaseR 418 Main Street Lemont, IL 60439 TO: Village Board Meeting FROM: George Schafer, Administration THROUGH: SUBJECT: A Resolution Approving Voluntary Separation Agreement and Release DATE: October 28, 2024 SUMMARY/BACKGROUND As outlined in the Village's strategic plan, the Village is focused on implementing and reviewing the Police Department Organizational Design. The purpose is to optimize the function, processes, and Police Department structure to achieve business results. A well - designed organization can adapt to change, collaborate cross -functionally, make and execute decisions effectively, and nurture a positive working environment. ANALYSIS As part of the ongoing review, Commander Thad Mezyk has expressed interest in retiring this November of 2024 and the Village recommends accommodating this request with a voluntary retirement agreement that utilizes his earned and unused sick time from his career with the Lemont Police Department, similar to agreements approved in the past. Commander Mezyk has been a key member of the Lemont Police Department for over 27 years serving as a commander, sergeant, patrol and detective has been an invaluable member of the Village staff. Apart from the future cost-cutting benefit of approximately $50k annually, it is important to note the long-term impact that the agreement will have on the careers of our employees within the department. The voluntary separation agreement will create an opportunity for internal promotions, enabling personal growth and development for those individuals who aspire to higher positions within the organization. This will contribute to the continued advancements and effectiveness of the Police Department. Internal movement is often difficult in a smaller organization, being able to control the timing of these leadership transitions is crucial for the Chief and leadership team as well. By offering Commander Mezyk, the Village will not only support his desire for early retirement but also allows for a positive ripple effect on the growth and success of the Police Department and Village as a whole. Consistency with Village Policy Other Subheadings, as applicable. Please Specify in Analysis Field. STAFF RECOMMENDATION Pass Resolution BOARD ACTION REQUESTED Motion to Approve (Consent) ATTACHMENTS Resolution VSA.pdf FINAL Severance Agreement.Mezyk_ (003).pdf Resolution No. A Resolution Approving Voluntary Separation Agreement and Release WHEREAS, The Village of Lemont, Counties of Cook, Will and DuPage, Illinois (the "Village"), acting by and through its Village President and Board of Trustees (the "Village Board"), is a municipal corporation operating pursuant to the Illinois Municipal Code; and WHEREAS the Village and Thaddeus Mezyk desire to enter into a Voluntary Separation Agreement and Release, providing certain benefits to Thaddeus Mezyk upon his resignation from service to the Village; and NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL & DU PAGE COUNTIES, ILLINOIS that: SECTION ONE: The attached Voluntary Separation Agreement and Release between the Village of Lemont and Thaddeus Mezyk, attached as Exhibit A, is hereby approved. SECTION TWO: The Village Administrator is authorized to execute any other agreements and documentation as well as to take any other steps necessary to carry out this Resolution. SECTION THREE: This Resolution shall be in full force and effect from and after its passage and approval as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS on this 28t" day of October 2024. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES Janelle Kittridge David Maher Kenneth McClafferty Kevin Shaughnessy Rick Sniegowski Ronald Stapleton ATTEST: CHARLENE M. MOLLEN Village (;,,Itk C F NAYS: ABSENT: ABSTAIN: JOHN EGOFSKE President VOLUNTARY SEPARATION AGREEMENT AND RELEASE THIS AGREEMENT is made on the 28t" day of October 2024 between Thaddeus Mezyk ("Employee") and the Village of Lemont ("Village"), sometimes referred to collectively as the "parties." WITNESSETH: WHEREAS, Employee voluntarily has elected to participate in a Voluntary Separation Agreement (the "VSP"); and WHEREAS, because of Employee's election to participate in the VSP, the parties desire to terminate their employment relationship, resolve any and all matters relating to or arising out of Employee's employment by the Village, and avoid any disputes relating to or arising out of Employee's employment by the Village. NOW, THEREFORE, in consideration of the promises and covenants set forth herein, and other good and valuable considerations, the receipt and sufficiency of which is acknowledged by the parties, the parties agree as follows: GENERAL RELEASE AND SEVERANCE AGREEMENT This General Release and Severance Agreement ("Agreement") is entered into between Thaddeus R. Mezyk (on behalf of himself/herself, his/her heirs, and anyone acting for him/her, including attorneys, agents, representatives, executors, and assigns) (hereinafter "Employee") and the Village of Lemont (hereinafter "Employer"). In consideration of the mutual promises contained herein, including but not limited to the General Release and Waiver and Covenant Not to Sue, the parties agree as follows: 1. Separation of Employment. Employee's employment with Employer is ending effective November 15, 2024 (the "Separation Date"). After the Separation Date, Employee agrees that he/she will not represent himself/herself as being an employee, officer, agent or representative of Employer for any purpose and understands that he/she will not be entitled to any further compensation, monies, or other benefits from the Employer, except as otherwise detailed in this Agreement. 2. Severance Payments and Benefits. Subject to Employee's compliance with the obligations hereunder, Employer shall maintain Employee's current salary from November 15, 2024 through September 30, 2025 (the "Severance Period"). Payments will be disbursed bi-weekly according to Employer's regular payroll schedule and, as the case during his/her employment, will include Employee's regular bi-weekly pay, as well as a pro rata share of his PD Certified Stipend, Detective Stipend, Commander Administrative Pay, and Longevity Pay (collectively "Salary"). Deductions for state and federal taxes, along with any other authorized deductions, will apply. Employee will be eligible for a 2% merit pay increase on January 8, 2025, as well as the standard pay increase applicable to all employees on May 1, 2025. Payments reflecting these increases will adhere to Employer's regular payroll schedule. Employee and Employer will also maintain their contributions to the pension plan and group dental and vision plans through the Severance Period. The Salary, pension, dental and vision plan contributions will begin on November 15, 2024 assuming it has been at least eight (8) days since Employee signed this Agreement, Employee has returned all Employer property pursuant to paragraph eleven below, and the pension contribution has been approved by the appropriate authorities and determined to be lawful. Employer also agrees to pay Employee for 308 hours of vacation time on the final paycheck provided during or after the Severance Period. Should Employee violate any provision of this Agreement, the severance payments and benefits will immediately cease and Employer shall take action as detailed in paragraph fourteen. The parties agree that the severance payments and benefits constitute extra compensation in exchange for Employee's execution of this Agreement and that these payments exceeds any potentially disputed wages, compensation, bonuses, commissions, vacation pay, sick pay, and/or other benefits that Employee could claim are owed to him/her by Employer. The parties agree that they consider this Salary/severance payment to be salary for purposes of computing pension contributions or benefits. However, nothing in this Agreement shall constitute, nor shall it be interpreted as, a representation or warranty of any kind with respect to benefits available to Employee under any pension fund in which Employee may be a participant (the "Other Funds"), including but not limited to any early retirement options or benefits available through those Other Funds or the City, or any penalties to which Employee may be subjected to by Other Funds. Employer is not liable or responsible to Employee for any benefits, penalties or early retirement options from Other Funds. 3. Payment of Accrued Sick Time. Employee understands that in accordance with Employer's policy, he is eligible to be paid 50% of accrued/unused sick time, up to a maximum of 1,040 hours, at the time of separation. However, in exchange for the severance payment and benefits, Employee agrees to accept payment of 171 hours of accrued/unused sick time instead. The payment for this sick time will be made on the final paycheck provided during or after the Severance Period, assuming Employee has complied with all provisions of this Agreement. 4. Payment Unon Employee's Death. If the Employee dies during the Severance Period, severance payments and benefits remaining to be paid to the Employee under this Agreement shall be paid to the beneficiary designated by the Employee to receive those benefits (or in the absence of designation, to the Employee's surviving spouse, next of kin, or estate). This includes the Salary, vacation and sick time. Contributions to the pension plan and for dental and vision plan benefits for Employee's dependents will continue to be made to the extent allowed by the plan. 5. General Release and Waiver. Except as otherwise provided in paragraph eight, Employee hereby releases and discharges Employer, its affiliates, and Employer's and its affiliates' officers, directors, shareholders, parents, subsidiaries, supervisors, managers, trustees, employees, agents, representatives, insurers, attorneys, and its and their predecessors, successors, heirs, executors, administrators, and assigns ("Released Parties") from any and all claims, proceedings, charges, causes of actions, grievances, suits, charges, and complaints, whether known or unknown, that he/she ever had or now has, due to any matter whatsoever relating to his/her employment and/or separation of employment, and whether arising in tort, contract, statute, common law, or equity, before any federal, state, local, or private court, agency, arbitrator, mediator, or other entity ("Released Claims"). Without limitation, this release specifically includes any and all claims that the Released Parties: violated any personnel policies, handbooks, contracts of employment, or covenants of good faith and fair dealing; violated Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Civil Rights Act of 1991, Section 1981 of U.S.C. Title 42, the Fair Credit Reporting Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act, the National Labor Relations Act, the Uniform Services Employment and Reemployment Rights Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the Providing Urgent Maternal Protections for Nursing Mothers Act, the Illinois Human Rights Act, the Illinois Right to Privacy in the Workplace Act, the Illinois Worker Adjustment and Retraining Notification Act, the Illinois Cannabis Regulation and Tax Act, the Illinois Workplace Transparency Act, the Illinois One Day Rest in Seven Act, the Illinois Employment Contract Act, the Illinois Labor Dispute Act, the Victims' Economic 2 Employee Initials At-- Security and Safety Act, the Illinois Whistleblower Act, the Illinois Equal Pay Act, and/or any other federal, state or local statute, law, regulation or ordinance, including but not limited to any claim that Employer discriminated against Employee on the basis of age, race, color, sex (including sexual harassment), pregnancy, sexual orientation, gender identity, national origin, ancestry, disability, religion, membership in the military or National Guard, union activities, genetic background, order of protection status; and/or • violated public policy or common law, including, but not limited to, claims for retaliatory discharge, negligent hiring, retention or supervision, assault, battery, defamation, intentional or negligent infliction of emotional distress and/or mental anguish, intentional interference with contract or prospective economic advantage, negligence, invasion of privacy, detrimental reliance, loss of consortium and/or promissory estoppel. As part of this release, Employee expressly waives any right to recovery of compensation of any kind, including costs, fees, or other expenses, including attorneys' fees, incurred in these matters. 6. Affirmations/No Pending Actions. Employee affirms that he/she has not filed, caused to be filed, or presently a party to any claim, complaint, charge, or action against the Released Parties in any forum or form. Employee further affirms that he/she has been paid all compensation, wages, bonuses, vacation, commissions and/or benefits to which he/she may be entitled, except as provided in paragraph two of this Agreement. In addition, Employee affirms that he/she has not suffered any on-the-job injury for which he/she has not already filed a claim. Employee also affirms that he/she has not been denied any leave of absence for which he/she was qualified nor has he/she been discriminated against or retaliated against for taking any leave of absence, including but not limited to leaves pursuant to the Family and Medical Leave Act. 7. Covenant Not to Sue. Except as otherwise provided in paragraph eight, Employee agrees not to undertake any litigation or make any claim whatsoever against the Released Parties that arises out of or in any way relates to the Released Claims. The filing of such action or initiation of such claim shall excuse Employer from making any further payments or continuing any other benefits otherwise owed to Employee under paragraph two of this Agreement. In addition, Employer shall be entitled to recover from Employee all damages, including but not limited to all costs, expenses, and reasonable attorneys' fees expended in connection with responding to and defending such litigation or claim. 8. Exceptions. Nothing in this Agreement affects Employee's right to challenge the validity of this Agreement under the Age Discrimination in Employment Act, bring any claims for breach of the terms and conditions of this Agreement, bring any claims arising from any future conduct directed at Employee, and bring any claim(s) that cannot be released by law. This Agreement also does not waive Employee's right to report any allegations of unlawful conduct to federal state or local officials for investigation or to file a charge or complaint with an administrative agency such as the Equal Employment Opportunity Commission (EEOC), the 3 Employee Initials Illinois Department of Human Rights (IDHR) the Department of Labor (DOL), the Occupational Safety and Health Administration (OSHA) the National Labor Relations Board (NLRB) or the Securities and Exchange Commission (SEC); or to participate in an investigation hearing, proceeding, or trial relating to such charge or complaint This Agreement also does not limit Employee's right to receive an award for information provided to a government ag_ency. However, aside from any whistleblower award the government agency may provide Employee does expressly waive any and all claims to damages or recovery kind in connection with any charge or complaint Employee files with the EEOC IDHR DOL OSHA NLRB SEC or any other administrative agency; any administrative agency's investigation hearing or proceeding in which Employee participates; and any lawsuit that the EEOC IDHR DOL OSHA NLRB SEC or any other administrative agency brings on Employee's behalf or on behalf of any other individual or group of individuals. 9. Duty to Preserve Confidential Information. Employee acknowledges that, in the course of his/her employment with Employer, he/she has had access to certain information which is proprietary to Employer, including but not limited to, trade secrets as defined by the Illinois Trade Secrets Act or other applicable law affording protection to trade secret information; technical information concerning Employer's products and services, including product know-how, designs, diagrams, software codes, log -in and password information to Employer accounts, test results, research projects, product development, and technical memoranda and correspondence; information concerning Employer's business, including accounting and unpublished financial information, methods of operation, business and product processes, practices, methods, policies and plans; patron lists, personal patron information, patron preferences and requirements; information or records regarding or submitted by potential or actual patrons, suppliers, vendors, manufacturers, distributors, consultants or co -venture partners for study, evaluation or use by Employer; private personal information concerning the Employer's employees which is obtained through the performance of one's job duties; and any other information not generally known to the public which, if misused or disclosed, could reasonably be expected to adversely affect Employer's business. The requirement to protect Confidential Information disclosed under this Agreement shall apply for a period of three (3) years. The requirement to protect Confidential Information that qualifies as a "trade secret" under Illinois and/or other applicable law shall remain in effect indefinitely. Except to request or receive confidential legal advice, as required by law or court order, or as otherwise provided in paragraph eight, Employee agrees not to disclose this protected Confidential Information to anyone and not to use the information for any personal or business purpose without prior written approval from Employer. As part of the exception above, there is immunity from liability for confidential disclosure of a trade secret to the government or in a court filing as follows: (1) Immunity —An individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that —(A) is made—(i) in confidence to a federal, state or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other Employee Initials document filed in a lawsuit or other proceeding, if such filing is made under seal. (2) Use of Trade Secret Information in Anti -Retaliation Lawsuit —An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual —(A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order. 10. Confidentiality. Except as otherwise provided in paragraphs eight and nine, Employee agrees that he/she will keep the terms and amounts set forth in this Agreement completely confidential and will not disclose any information concerning the Agreement's terms and amounts to any person other than his/her immediate family (which includes only his/her parents, spouse or children, if any) attorney, accountants and tax/financial advisors. Employee agrees that in the event he/she discloses the terms of this Agreement to his/her immediate family, attorney, accountants or tax/financial advisors, he/she will instruct them not to reveal, disseminate by publication, or release in any manner or means this Agreement or any factual or legal matters contained in the Agreement except as may be required by legal process. Employee will be responsible for such parties' use or disclosure in violation of this Agreement, as if Employee used or disclosed such information himself/herself. 11. Return of Employer Property. Employee agrees that he/she shall promptly return to Employer all property belonging to it that he/she possesses or has possessed but has provided to a third party, including but not limited to all keys, ID cards, laptops, equipment or other materials purchased with Employer funds, and all originals and copies of Employer documents, files, memoranda, notes, passwords, patron lists and contacts, computer -readable information (maintained on disk or in any other form) and video or tape recordings of any kind other than personal materials relating solely to Employee. Neither Employee nor anyone within his/her direction and control, including his/her attorneys, will retain any copies, duplicates, reproductions or excerpts of any such property. Payment of the severance detailed in paragraph two above is contingent upon Employee providing or returning such property, data, and documents. 12. Non-Disparagement/Defamation. Employee agrees that he/she will not make (directly or indirectly) any disparaging statements of any kind about Employer or entity related to Employer, its officers, directors, managers, employees or patrons (including but not limited to statements and communications made via electronic mail, via the internet or posted on websites, blogs and the like). Employers agree that it will not issue any official statements or press releases defaming the Employee. Notwithstanding the foregoing, nothing in this Agreement shall prohibit Employee from making truthful statements or disclosures that are required by applicable law, regulation, legal process, to request or receive confidential legal advice, or as otherwise provided in paragraph eight. The parties agree that this section is beneficial to each of them, the preference of each of them, and has been mutually agreed upon. 13. Cooperation. Employee agrees to make himself/herself available to provide information, counsel, cooperation and assistance to Employer in transitioning his/her responsibilities or otherwise with respect to areas and matters in which he/she was involved during his/her employment, if and to the extent reasonably requested by Employer. Employee also agrees 5 Employee Initials to cooperate fully, subject to reimbursement by Employer of reasonable out-of-pocket costs and expenses, with Employer, its auditors and/or legal counsel with respect to any matter (including any action, audit, litigation, investigation or governmental proceeding) which relates to a matter with which Employee was involved during his/her employment. Such cooperation may include his/her appearance in court, deposition or other tribunal, and to provide truthful written or oral testimony, and to meet and cooperate with Employer, its auditors, and/or legal counsel at such time or times as they may reasonably request. 14. Breach. Without limiting the remedies available to Employer, Employee acknowledges that a breach of this Agreement will result in irreparable injury to Employer, for which there is no adequate remedy at law, and that in the event of such a material breach or threat thereof, Employer shall be entitled to obtain injunctive relief, without the payment of any bond. In the event a court issues a temporary restraining order, preliminary injunction, permanent injunction, or issues any other similar order enjoining Employee from breaching this Agreement, or awards Employer any damages due to Employee's breach of this Agreement, Employee agrees to promptly reimburse Employer for all reasonable costs and attorneys' fees incurred by Employer in connection with obtaining such equitable relief or damages. 15. Governing Law; Jurisdiction & Venue. This Agreement, for all purposes, shall be construed in accordance with the laws of Illinois without regard to conflicts -of -law principles. Any action or proceeding by either of the parties to enforce this Agreement shall be brought only in any state or federal court located in the state of Illinois, county of Cook. The parties hereby irrevocably submit to the exclusive jurisdiction of such courts and waive the defense of inconvenient forum to the maintenance of any such action or proceeding. 16. Enforceability. Should any provision of this Agreement be held by a court of competent jurisdiction to be enforceable only if modified, or if any portion of this Agreement shall be held as unenforceable and thus stricken, such holding shall not affect the validity of the remainder of this Agreement, the balance of which shall continue to be binding on the parties with any such modification to become a part hereof and treated as though originally set forth in this Agreement. The parties further agree that any such court is expressly authorized to modify any unenforceable provision of this Agreement in lieu of severing the unenforceable provision from this Agreement in its entirety, whether by rewriting the offending provision, deleting any or all of the offending provision, adding additional language to this Agreement or by making any other modifications as it deems warranted to carry out the intent and agreement of the parties as embodied herein to the maximum extent permitted by law. 17. No Admission. By entering into this Agreement, neither the Employee nor Employer makes any admission, agreement, consent, statement, or declaration that either party has violated any law, committed any wrongdoing, interfered with any right, breached any obligation or contract, or otherwise engaged in any improper or illegal conduct. 18. OWBPA & WTA. In accordance with the Older Workers Benefit Protection Act ("OWBPA") and the Illinois Workplace Transparency Act ("WTA"), Employer advises Employee to 6 Employee Initials seek the advice of legal counsel before executing this Agreement. Employee expressly represents and warrants that his/her execution of this Agreement is knowing and voluntary, that he/she has up to 21 days to personally read and review the Agreement before executing it, that this 21-day period is sufficient time to consider the contents of this Agreement, and that he/she fully understands the ramifications of his/her execution of this Agreement. Employee also acknowledges that he/she has the right for a period of seven (7) days following his/her execution of this Agreement to revoke said Agreement by providing signed written notice to Stacy Patrianakos at 418 Main Street, Lemont, IL 60439 or spatrianakosglemont.il.us. Such notification must be signed and received no later than the eighth calendar day after the date on which Employee signs this Agreement. If Employee provides such notification, the Agreement shall be of no force or effect and he/she will not be entitled to receive the severance benefits. Employee represents that he/she has had the opportunity to discuss with an attorney of his/her choosing the requirements for a waiver under the OWBPA, 29 U.S.C. 626 (0 and WTA, P.A. 101-0221. Employee further represents and warrants that Employer has not made any representations to him/her other than what is contained in the Agreement. 19. Section 409A. This Agreement is intended to comply with Section 409A of the Internal Revenue Code of 1986, as amended (Section 409A), including the exceptions thereto, and shall be construed and administered in accordance with such intent. Notwithstanding any other provision of this Agreement, payments provided under this Agreement may only be made upon an event and in a manner that complies with Section 409A or an applicable exemption. Any payments under this Agreement that may be excluded from Section 409A either as separation pay due to an involuntary separation from service, as a short-term deferral, or as a settlement payment pursuant to a bona fide legal dispute shall be excluded from Section 409A to the maximum extent possible. For purposes of Section 409A, any installment payments provided under this Agreement shall each be treated as a separate payment. To the extent required under Section 409A, any payments to be made under this Agreement in connection with a termination of employment shall only be made if such termination constitutes a "separation from service" under Section 409A. Notwithstanding the foregoing, Employer makes no representations that the payments and benefits provided under this Agreement comply with Section 409A and in no event shall Employer be liable for all or any portion of any taxes, penalties, interest, or other expenses that may be incurred by Employee on account of non-compliance with Section 409A. 20. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties and supersedes and preempts any prior understandings, agreements or representations by or between the parties, written or oral, that may have related to the subject matter hereof in any way. 21. Modifications. Any modifications or amendments to this Agreement must be made in writing and signed by both the Employee and Employer. 22. Execution. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement must be manually signed and may be delivered by e-mail (in PDF format) and upon such delivery the PDF signature will be deemed to have the same effect as if the original signature had been delivered to the other party. 7 Employee Initials ;�A__ Employee acknowledges that he/she has read this Agreement and fully understands and appreciates its meaning. Employee further acknowledges that he/she has had an opportunity to consult legal counsel of his/her choice and he/she knowingly and voluntarily enters into this Agreement and agrees to comply with its terms and conditions. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates appearing below. Village of Lemont By: Its: Date: 10 -3 / —1�( Thaddeus R. Me ;ix By: Date: & Employee Initials