Cornell, Robert
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SEVERANCE & JaLEASE AGREEMENT
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AGREEMENT, dated as of.1 _, 2006 between Robert Cornell ("Mr.
RECEIVED
JUN 0 a2~
TOWN CLERK
Cornell")
individually, and the Town of Wappinger ("Town"), on its own behalf and on behalf of its elected
officials, employees, agents or other and their respective predecessors, snccessors and assigns(hercln
collectively referred to as the "Releasecs").
WI-lEREAS, Mr. Cornell and the Town have agreed upon and wish to confirm the variou~
arrangements relating to Mr. Come!1's departure froin the employ of the Town;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein and other good and valuable consideration, the parties agree as follows:
1. Consideration:
(a) Mr. Comell hereby resigns, 'from his employment with the Town, effective
close of business December 30, 2005. See, Appendix "A."
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(b) Mr. COrnell hereby withdraws, with prej[udice. the grievance he tiled against
the Town, dated in or about February 2006, relative to his tennination.
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(c) Mr. Cornell shall receive a one-timt\ lump sum payment1rom the Town in the
! amo.unt of$3,4785~, less ordinary payroll deductions, within thirty (30) days
of the effective date of this Agreement.
(d) Mr, Cornell, ifhe has not already received it, shall receive a payment for any
leave with pay benefit(s) he would have been entided to upon the effective
date of his resignation 1rom the Town, Said payment shall be made within
thhty (30) days ofthe effective date ohhis Agreement.
(e) Mr. Cornell agrees that he shall not seek re~employmellt with the TOWIl.
(f) The Town agrees to purge Mr. Cornell's personnel tile of any adverse
employment matters.
(g) Mr. Cornell understands that this agreement is contingent upon the receipt by
the Town of a letter from the Union in the form annexed hereto as Appendix
"B", which provides that this Agreement ~hal1 not be precedent setting, and
withdrawing the grievance and demand for arbitration, with prejudice.
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(h) Mr. Cornell acknowledges and agrees that the payments and benefits being
provided by the Town under this Agreement, in the aggregate: (i) exceed any
payment, bene'fit, and/or other thing of value of which he is or might
othen.vise be entitled to under any policy, plan, practice, or procedure of, or
prior agreement or contract with the Town and/or the otller Releasees; (ii) is
in full discharge of any and all of the Town's and/or the other Releasees'
potential liabilities and obligations to Mr. Cornell and all of Mr. Cornell's
potential claims against the Town, including, but not limited to claims for
severance, any bonus, and/or any other compensation in any form; (Hi) is in
full discharge of any and all alleged claims against the Town and/or the other
Releasees for damages of any kind; and (iv) fully and completely settles all
claims by Mr. Cornell or any attorney he has retained against the Town
and/or the other Relcasccs for attorney's fees, costs, disbursements, and the
like, up to and including the Effective Date of this Agreement.
2. Referellces:
The Town shall provide Mr. Cornell on a one-time basis only with a neutral letter of
reference in the precise form annexed hereto as Exhibit "C."
3. Covenant Not to Sue amI General Release:
In consideration for the undertakings assumed and promises made by the Town
pursuant to this Agreement:
(a) Mr. Cornell covenants that he will not at any tilDe commence, maintain,
prosecute, participate in as a party, or permit to be fIled by any other person
on his behalf, any action, slJit or proceeding 0 udicial, administrative, arbitral,
or other) against any of the Releasees with respect to: (i) Mr. CorneWs
employment with the Town, the terms and conditions of such employment,
or Mr. Cornell's separation from the Town's employ, or (ii) any act, event,
or occurrence, or any alleged failure to act, up to an including the Effective
Date of this Agreement. Mr. Cornell represents that, to the best of his
knowledge, no such action, suit or proceeding has been commenced as of the
Effective Dale of this Agreement, and that, if any other such action, suit, or
proceeding is determined to have been commenced, he will take prompt
measures to withdraw or terminate it. This paragraph shall not apply to the
extent prohibited by law.
(b) Mr. Cornell, for himself and his heirs, executors, administrators, successors,
and assigns (collectively "Releasor"), forever releases and discharges
Releasees from any and all claims, demands, causes of action, and liabilities
of any kind whatever (upon any legal or equitable theory, whether
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cOJ~tractual,common.law, statutory, federal, state, local or otherwise, and
including, but not limited to any claims for compensatory or punitive
damages, injunctive or equitable relief, or fbr attorneys' fees, or costs of
disbursements of any kind), whether knoVv'll or unknown, which Releasor
ever had, now has, or may hereafter bave against Releasces by reason of any
action, omission, transaction, or OCCWTence from the beginning of time and
occurring up to and including the Effective Date of this Agreement. It is the
understanding and agreement of the parties that the release provided for by
this sub-paragraph shall be a general release in all respects. Without limiting
the generality or force or effect of the foregoing, this release shall release
Releasees from any and all claims against Releasees arising, directly or
indirectly, from (i) Mr. Cornell's employment with Releasees; (ii) the terms
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and conditions of such employment; (iii) the termination of Mr. Corne1l's
employment with Rcleasees; (iv) the negotiation and entry into this
Agr.eelnent, and/or the terms ofthi$ Agreement; and (v) any and all claims
under the Age Discrimination in Employment Act ("ADEA"), the Older
Workers BeneHt Protection Act ("OWBP A"), the Rehabilitation Act of 1973,
Title Vll of the Civil Rights Act of 1964, the Americans with Disabilities Act
("ADA"), the Equal Pay Act ("EP A"), the Family Medical Leave Act
("FMJ.-A"), the New York State Human Rights Law, and/or any other federal,
state or local law (statutory or decisional), regulation, or ordinance, up to and
including the Effective Date of this Agreement.
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(c)
Mr. Cornell agrees that he will not seek or accept any award or settlement
from any source or proceeding with respect to any claim or right covered by
the prior two subparagraphs.
(d)
This paragraph shall not apply to (i) any worker's compensation case and/or
New York State Disability claim filed prior to Mr. Cornell's date of
separation, and (ii) Mr. Cornell's rights under this Agreement.
4. Entire A!!reement;
This Agreement and Release contains the entire agreement between the parties and
supersedes and tenninatcs any and all previO\.ls agreements between the parties, whether written or
oral. With that exception, all prior and contemporaneous discussions and negotiations have been and
arc merged and integrated into, and arc superseded by, this Agreement and Release.
5. Choice of Law:
This Agreement and Release is to be construcd at all times in accordance with and
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governed by the laws of the State of New York without reference to that State's conflict of laws
rules.
6. Acceptance and Revocation:
Mr. Cornell has been given twenty-one (21) days frolD the date of receipt to consider
the tenns and conditions ofthis Agreement. Mr. Comell may accept this agreement by signing it and
returning it by hand delivery to, Supervisor Joseph Ruggiero, Town of Wappinger, 20 Middlebush
Road, Wappillgers Falls, NY 12590, at any time during this twenty-one (21) day period. After
signing this Agreement, Mr. Cornell shall have seven (7) days to revoke this Agreement by
indicating his desire to do so in writing received by Supervisor Joseph Ruggiero at the address listed
above no later than 5:00 p.m. Eastern Standard Time 011 the seventh (7Ib) day following the date Mr.
Cornell signs this Agreement. The effective date of this Agreement shall be the eighth (Wh) day
following Mr. Cornell's signing of this Agreement (the "Effective Date of this Agreement"),
provided that Mr. Cornell does not revoke this Agreement during the revocation period. If Me.
Cornen docs not accept this Agreement as set forth. above, or revokes this Agreement during the
Revocation Period, this Agreement (including but not limited to any obligation of the Town to
provide thc consideration ref:erred to above) shall automatically be deemed nun and void.
7. Mr. Camel/'s Consideration of Agreement:
Mr. Comell acknowledges that: (a) he has carefully read this Agreement in its
entirety; (b) he has had an opportunity to consider fully the terms of this Agreement; (c) he has been
advised by the Town by this writing to consult with an attorney of his choosing in connection with
this Agreement; (d) he fully understands the significance of all of the terms and conditions of this
Agreement; (e) he has discussed it with his independent legal counsel; (f) he has had answered to
his :>atisfactioll any questions he has asked with regard to the meaning and significant of any ofthe
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provisions of this Agreement; and (g) he is signing this Agreement voluntarily and of his 0'\\11 free
will and assents to all the terms and conditions contained herein.
8. Binding Ef(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 Drafting:
The parties agree that the drafting of this Agreement and Release was the result of
negotiations between the parties and neither party will be deemed the drafter of any portion of thiS
Agreement and Release.
10. Severabilitr-:
If any provision of this Agreement shall be held by a court of competent jurisdiction
to be illegal, void, or unenforceable, suchprovision shall be of no force and effect. 1he illegality or
unenforccability of such provision shall have no effect upon, and shall not impair the enforceability
01: any other provision of this Agreement; provided, however, that, upon any fInding by a court of
competent jurisdiction that the relcase provided for by Paragraph 3 ofthi5 Agreement is illegal, void,
or unenfon.~eablc or not entered into knowingly and voluntarily~ Mr. Cornell agrees, at the Town's
option; eithcr to return promptly to Town the payments paid to Mr. Cornell pursuant to this
Agrecment or to execute a release, waiver and/or covenant that is legal and enforceable.
TN WITNESS WHEREOF, this Agreement has been entered into by and between the parties:
/f?JJ -R ~ Date: ))o/~
/) \ ~ RICHMW CORNELL I
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Date: ,,/ ~/Ob
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APPENDIX "A"
LETTER OF RESIGNATION
Supervisor Joseph Ruggiero
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Dear Mr. Ruggiero:
I hereby resign from my employment with the Town of Wappinger Highway DcpartmeJll,
effective close of business, December 30, 2005.
Sincerely,
x~dJ~~
Robert Cornell
cc: Mr. Graham Foster
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APPENDIX "B"
D
W _,2006
Supervisor Joseph Ruggiero
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re: Robert Cornell Severance and Relell.fe Agreement
Dear Supervisor Ruggiero:
The CSEA, Local 1000, AFSCME, AFL-CIO, hereby recognizes that the terms of the
severance and release agreement between Mr. Robert Cornell and the Town of Wappinger" dated
April _' 2006, is not in anyway precedent setting. The Union withdraws, with prejudice, it~
grievance and demand for arbitration, 'l~)r the termination ofl1,J: omell
O'Al'~L-CIO
By:
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APPENDIX "e"
(Town of WapDineer Stationarv)
Re: Mr. Robert Comell
To Whom it May Concern:
Mr. Robert Cornell was employed as a Laborer for the Town of Wappinger from March 5,
1990 to December 30, 2005. His annual salary at the time of separation was $47,138.00.
Sincerely,
Joseph Ruggiero
Town Supervisor