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2007-0792007-79 Resolution Authorizing Severance Agreement At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on March 26th, 2007. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Joseph Ruggiero William H. Beale Maureen McCarthy Vincent F. Bettina Joseph P. Paoloni The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Beale. BE IT RESOLVED, that the Town Board of the Town of Wappinger authorizes the Town Supervisor to enter into a Severance Agreement providing for Mr. Richard Travis' resignation from the Town of Wappinger, effective March 9th, 2007, in accordance with the material terms and conditions of the Agreement on file with the Town Clerk's Office. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: ABSENT JOSEPH P. PAOLONI, COUNCILMAN Voting: ABSENT MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE Dated: Wappingers Falls, New York 3/26/2007 The Resolution is hereby duly declared adopted. Qacxa�� JOHN C. MASTERSON, TOWN CLERK 03/12/2007 18:18 DONOGHUE,THOMAS,AULANDER,DROHAN 4 8454717597 NO.216 D010 sEVErL�NCE AGI EEMENZ' AGREEMENT, dated as of March/_3, 2007 between Richard Travis ("Mr. Travis") individually, and the Town of Wappi.Wger ("Town"), on its own behalf and on behalf of its elected officials, employees, agents or other and their respective predecessors, successors and assigns (herein collectively referred to as the "Parties"). WHEREAS, Mr. Travis and the Town have agreed upon and wish to confirm the various arrangements relating to Mr. Travis' departure from the employ of the Town; NOW, THMFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the parties agree as follows= Consideration: (a) Mr. Travis hereby resigns from his employment with the Town, effective March 9, 2007 ("Separation Date'). See, Appendix "A." (b) The Town Board accepts Mr. Travis' resignation per the attached resolution Appendix "B." (c) The Town agrees that Mr. Travis' personnel file does not and will not contain any information, or documents, including transcripts, memorandum or letters and any records concerning any disciplinary actions that may have been considered, initiated or taken regarding his employment with the Town. (d) The Town agrees that if it receives a request under the Freedom of Information Law ("FOIL") for a copy of the transcript of the examinations taken of Mr. Travis and any records and documents pertaining to the investigation of Mr. Travis for disciplinary purposes, it will not disclose said documents to the extent that such disclosure at the time of the request is exempt under FOIL. (e) Mr. Travis acknowledges and agrees that any benefit being provided by the Town under this Agreement, in the aggregate: (i) exceed any benefit, and/or other thing of value of which he is or insight otherwise be entitled to under any policy, plan, practice, or procedure of, or prior agreemeztt or contract with the -1- 03i12i2007 18:18 DONOGHUE,THOMAS,AULANDER,DROHAN 4 8454717597 NO.216 1?011 Town; and (ii) is in full discharge of any and all of the Town's potential liabilities and obligations to Mr. Travis for any claim for past salary, overtime, any bonus, and/or any other past compensation up to including the date of execution of this agreement. 2. Re ernm: The Town shall provide Mr. Travis on a one-time basis only, with a letter of reference in the precise form annexed hereto as Exhibit "C_" ;. Return ofProperly: Mr. Travis agrees to return all Town Property to the Town by the Separation Date. For purposes of this Agreement, "Town Property" includes, but is not limited to, all information and materials belonging to the Town including office keys, equipment, Employee Handbook, and all other Town property that may be in his possession. A substantial failure to comply with this paragraph constitutes a material breach of this Agreement. 4. No Admission: The parties have entered into this Agreement solely for the purpose of avoiding the burdens and expense of litigation. The making of this Agreement is not intended, and shall not be construed, as any acknowledgment or admission that any party has violated any federal, state, or local law (statutory or decisional), ordinance, or regulation, or has committed any wrong against the other party. The parties agree that they may use this Agreement as evidence only in a proceeding in wbich any of the parties allege a breach of this Agreement. 5. Entire Agreement This Agreement contains the entire agreement between the parties and supersedes and terminates any and all previous agreements between the parties, whether written or oral_ With that exception, all prior and contemporaneous discussions and negotiations have been and are merged and integrated into, and are superseded by, this Agreement. -2- am 03/12/2007 18:18 DONOGHUE,THOMAS,AULANDER,DROHAN 4 8454717597 NO.216 9012 6. Choice of Law: This Agreement is to be construed at all times in accordance with and governed by the laws of the State of New York without reference to that State's conflict of laws rules. 7. The Parnas Consideradon -v A reement The Parties acknowledges that: (a) they have carefully read this Agreement in its entirety; (b) they have had an opportunity to consider fully the teens of this Agreement; (c) they have been advised by this writing to consult with an attorney of their choosing in connection with this Agreement; (d) they fully understand the significance of all of the terms and conditions of this Agreement; (e) they have had the opportunity to discuss it with their independent legal counsel; (f) their independent legal counsel has had answered to their satisfaction any questions that have asked with regard to the meaning and significance of any of the provisions of this Agreement; and (a) they are signing this Agreement voluntarily and of their own free will and assent to all the terms and conditions contained herein. 8. Bin& E ect This Agreement is binding upon, and shall inure to the benefit of, the parties and their respective heirs, executors, administrators, successors, and assigns. 9. No Credit for Dia The parties agree that the drafting of this Agreement was the result of negotiations between the patties and neither party will be deemed the drafter of any portion of this Agreement. 03/12/2007 18:18 DONOGHUE,THOMAS,AULANDER,DROHAN 4 8454717597 NO.216 D013 10_ Severabil If any provision of this ,Agreement shall be held by a court of competent jurisdiction to be illegal, void, or unwforceable, such provision shall be of no force and effect. The illegality or unenforceability of such provision shall have no effect upou, and shall not impair the enforceability o� any other provision of this Agreement. IN WITNESS WHEREOF, this Agreement has been entered into by and between the parties: Date: J —45 l 121 HARD TIRAVIS TOWN OF WAPPINGER SUPERVISOR JOSEPH RUGGIERO Bate: 03/12/2007 18:18 DONOGHUE,THOMAS,AULANDER,DROHAN 4 8454717597 NO.216 9014 APPENDIX "A" LETTER OF RESIGNATION March/3, 2007 Supervisor Joseph Ruggiero Town of Wappinger 20 Middlebush Road Wappingers Falls, NX 12590 Dear Mr. Ruggiero: I hereby resign from my employment with the Town of Wappinger, effective March 9, 2007. -5- A - Sincerely, Richard Travis 03i12i2007 18:18 DONOGHUE,THOMAS,AULANDER,DROHAN 4 8454717597 NO.216 D009 APPENAI X "C" (Town of Wappinger Statiorry) Re: Mr. Richard Travis To Whom it May Concern: Mr. Richard Travis was employed as a code enforcement officer for the Town of Wappinger from J&, Z ca o March 9, 2007. As code enforcement officer Mr. Travis, among other duties was responsible for conducting C/o searches, inspections for all phases of building construction, maintain records, prepare reports, and review construction documents for compliance with state building codes. Sincerely, Joseph Ruggiero Town Supervisor -7-