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R-34-26 Approving Voluntary Separation Agreement and Release For Gerald TurriseVILLAGE OF 2EMONT R 3q,zb 418 Main Street ( Lemont, IL 60439 TO: Village Board Meeting FROM: Stacy Patrianakos, Administration THROUGH: SUBJECT: A Resolution Approving Voluntary Separation Agreement and Release for Gerald Turrise DATE: April 27, 2026 SUMMARY/BACKGROUND ANALYSIS Consistency with Village Policy STAFF RECOMMENDATION Staff recommends approval of the program which has provided a valuable employee benefit while saving costs in the long run. BOARD ACTION REQUESTED Approval of Resolution. ATTACHMENTS Turrise-Resolution 04272026.pdf Turrise Vol Separation - Release Agmt 2026.pdf VILLAGE OF LEMONT RESOLUTION NO. A Resolution Approving Voluntary Separation Agreement and Release ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 27t" DAY OF APRIL 2026 Published in pamphlet fo the President and Board Village of Lemont, Counties of Cook Illinois on this 27TH day of rm by authority of of Trustees of the Will and DuPage, April 2026. RESOLUTION NO.(� - 3 4 - )- 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 has adopted a Voluntary Employment Separation Program for certain employees; and WHEREAS, the Village and Gerald Turrise desire to enter into a Voluntary Separation Agreement and Release, providing certain benefits to Gerald Turrise 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 Gerald Turrise, 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. ADOPTED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, ON THIS 27TH DAY OF APRIL 2026. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: Samuel J. Forzley Janelle Kittridge Ken McClafferty Kevin Shaughnessy Rick Snie9 owski Ron Stapleton Attest: Charlene M. Smollen, Village Clerk '®/1nois ABSTAIN: John Egofske, Village President VOLUNTARY SEPARATION AGREEMENT AND RELEASE THIS AGREEMENT is made on the 27th day of April 2026 by and between Gerald Turrise ("Employee") and the Village of Lemont ("Village"), sometimes referred to collectively as the "parties." WITNESSETH: WHEREAS, Employee voluntarily has elected to participate in the Village's Voluntary Separation Program (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 consideration, the receipt and sufficiency of which is acknowledged by the parties, the parties agree as follows: SECTION 1. RESIGNATION Pursuant to the mutual agreement of the parties, Employee desires to end his/her employment with the Village. Therefore, Employee voluntarily and irrevocably resigns as an Employee of the Village effective April 30, 2026. Employee has submitted his/her voluntary and unconditional resignation as an Employee of the Village, effective as of April 30, 2026. A copy of Employee's resignation letter is attached hereto as Exhibit A. -1- SECTION 2. ACCEPTANCE OF RESIGNATION The Village hereby accepts the resignation of Employee effective April 30, 2026 in accordance with Section 1 of this Agreement. SECTION 3. SEPARATION PAYMENT A. Contingent upon and in consideration of Employee's submission of his/her written resignation as contemplated herein, and subject to the faithful performance of all other conditions of this Agreement, The Village shall pay to the Employee the sum of $34,756.28 less any applicable payroll taxes and deductions, which is equal to three (3) months of the employee's base pay in effect as of April 27, 2026. The Village assumes payment of the employee's health insurance premiums for the Village sponsored plan (and COBRA administration fee, if applicable) for six (6) months from separation at 100% of the total cost of the employee's health insurance premium in effect as of January 1, 2026. The employee is eligible to remain on the Village sponsored health insurance plan and have the Village pay 100% of the premiums for the employee's coverage in effect as of January 1, 2026 for six months from May 1, 2026 to October 31, 2026.These amounts represent a severance payment to which Employee is not otherwise entitled and which the Village is not otherwise obligated to make. B. As of the effective date of Employee's resignation, the Village shall compensate Employee for accrued but unused leave in accordance with the Village's Personnel Policy Manual and the Village's Retirement Healthcare Funding Plan program. Specifically, the Employee shall receive payment for fifty percent (50%) of earned but unused vacation time, less applicable payroll taxes and deductions, and the remaining fifty percent (50%) shall be contributed to the Employee's Retirement Healthcare Funding Plan. In addition, the Employee shall receive forty percent (40%) of accrued but unused sick leave, consistent with the Personnel Policy Manual. Of this amount, one-half (50%) shall be paid to the Employee, less applicable payroll taxes and deductions, and the remaining one-half (50%) shall be contributed to the Employee's Retirement Healthcare Funding Plan. C. The total amount to be paid by the Village pursuant to paragraphs A and B shall be referred to as the "Separation Payment." The Separation Payment shall constitute the entire amount the Village shall pay to Employee and that Employee is owed and/or shall receive from the Village -2- relating to or arising out of Employee's employment by the Village, and specifically includes any amount owed to Employee for earned but unused vacation days and personal days. SECTION 4. RETURN OF VILLAGE EQUIPMENT/CONFIDENTIALITY Employee has returned any and all Village -owned or Village -provided equipment and materials made available to Employee during the course of his/her employment, including but not necessarily limited to any and all cellular telephones, computers, mobile electronic devices, automobiles, keys, security codes, records, documents, electronically stored data, handbooks, personnel manuals, and other similar items. Employee agrees that any confidential information learned by Employee during his/her employment shall not be disclosed and shall be kept confidential unless otherwise required to be disclosed by law. SECTION 5. COOPERATION Employee agrees that he/she will cooperate fully with the Village in connection with business or legal matters about which Employee had knowledge during the course of his/her employment with the Village. SECTION 6. RELEASE AND DISCHARGE A. Employee, his/her heirs, executors, administrators, agents, representatives, and assignees hereby release and forever discharge the Village, its Board members, individually and/or collectively, its officers, representatives, administrators, agents, employees, assignees, and successors from any and all claims, demands, actions or causes of action, including any and all costs, expenses, and attorneys' fees, arising out of or in any way connected with, directly or indirectly, the employment of Employee by the Village, or Employee's resignation from employment, or this Agreement, except for the implementation of its terms and conditions, whether arising under federal law, state or local law, the United States Constitution or the constitution of the State of Illinois. B. Among the claims being released by Employee in this Agreement are claims under the Age Discrimination in Employment Act of 1967, as amended ("ADEX), 29 U.S.C. Secs. 621-34. Pursuant to and in compliance with the Older Workers Benefit Protection Act, 29 U.S.C. Sec. 626(f), Employee acknowledges that: He/She has read this Agreement and is entering into this Agreement knowingly, voluntarily, and with full knowledge of its terms and significance. Employee has not been coerced, -3- threatened, or intimidated into signing this Agreement; ii. In addition to the waiver and release of all other possible claims, this Agreement results in the waiver and release by Employee of all age discrimination or retaliation claims arising under the Age Discrimination in Employment Act; iii. In exchange for the waiver and release by Employee of all ADEA claims, Employee is receiving consideration in addition to anything of value to which he/she is already entitled; iv. Employee is not waiving rights or claims that may arise after the date the waiver is executed; V. Employee has been advised by this Agreement to consult with an attorney concerning this Agreement; vi. Employee has been advised of his/her right to take forty-five (45) days to consider the terms of this Agreement before signing; and vii. Employee is not otherwise entitled to the consideration described in Section 3. A. C. Excluded from this release are any claims, which cannot be waived by law, including but not, limited to the right to participate in an investigation conducted by certain government agencies. Employee is waiving, however, his/her right to any monetary recovery should any agency (including, but not limited to, the Equal Employment Opportunity Commission) pursue any claims on his/her behalf. D. Employee acknowledges that he/she has been informed that for a period of seven (7) calendar days after the date upon which he/she signs this Agreement, he/she may revoke it, and the Agreement shall not become effective or enforceable until this revocation period has expired. If Employee chooses to revoke the Agreement within the seven (7) calendar day period, he/she must mail a letter of revocation to the Village Administrator. Such a letter must be signed and postmarked no later than the seventh (7th) calendar day after the date Employee signed this Agreement. E. Employee acknowledges that he/she has received information showing the age and job title of all employees who have been approved for the VSP and the age and job titles for all employees who are eligible for the VSP. Employee acknowledges that the information was provided at the lE same time this Agreement was presented and that Employee has had the opportunity to consider the information for as long as 45 days prior to executing this Agreement. SECTION 7. NO REPRESENTATIONS OR WARRANTIES 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 the Illinois Municipal Retirement Fund ("IMRF"), the Police Pension Fund, or any other 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 IMRF, the Police Pension Fund, Other Funds or the Village, or any penalties to which Employee may be subjected to by IMRF, Police Pension Fund, or Other Funds. The Village is not liable or responsible to Employee for any benefits, penalties or early retirement options from IMRF, Police Pension Fund, or Other Funds unless otherwise expressly stated herein. SECTION 8. INURE TO BENEFIT / BINDING EFFECT OF AGREEMENT This Agreement shall inure to the benefit of the Village and Employee, and shall bind the Village and Employee, their agents, representatives, heirs, assignees and successors. SECTION 9. ADVICE OF COUNSEL The parties have and each of them has relied upon the advice and representation of counsel, or had the opportunity to obtain such advice and representation, regarding the terms of this Agreement and the legal liabilities of the parties, if any. SECTION 10. COMPLETE UNDERSTANDING This Agreement sets forth all the promises, agreements, conditions and understandings between the parties relative to the subject matter hereof, and there are no promises, agreements, or undertakings, either oral or written, expressed or implied, between them other than as herein set forth. Any and all prior or contemporaneous understandings or agreements are merged herein and are superseded by the terms of this Agreement. The parties acknowledge and agree that the considerations exchanged herein do not constitute, and shall not be interpreted as, an admission of fault, wrongdoing, liability or deficiency of any kind on the part of either of them. -5- SECTION 11. AMENDMENT OF AGREEMENT Except as otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and duly authorized and signed by each of them. SECTION 12. APPLICABLE LAW The parties agree that this Agreement, the rights and obligations of the parties in this Agreement, and any disputes arising hereunder, shall be interpreted and enforced under and in accordance with Illinois law regardless of whether any party is, or subsequently becomes, a resident or domiciliary of any other state or country. Any litigation regarding this agreement shall be filed in the Circuit Court of Cook County, Illinois. IN WITNESS WHEREOF, the parties have executed this Agreement on this 27th day of April, 2026. EMPLOYEE NAME By: Gerald Turrise Employee -7- VILLAGE OF LEMONT am Attest: Village Administrator Village Clerk Exhibit A hereby voluntarily and irrevocably resign from my employment with the Village of Lemont effective April 30, 2026 pursuant to the Village's Voluntary Separation Program. Thank you for your attention to this matter. Gerrald Turrise Employee Name Employee Signature Date IM