TO: Timeus, Linn Police Chief FROM: Eileenmedia.oregonlive.com/west_linn/other/Timeus Separation...As you know, your employment with the City will cease effective October 31, 2017.

SEPARATION AGREEMENT

TO: Terry Timeus, West Linn Police Chief

FROM: Eileen Stein, City Manager

DATE: October 19, 2017

As you know, your employment with the City will cease effective October 31, 2017. Your finalpaycheck, including all amounts due and owing to you for wages and accrued unused vacationand management leave pay will be paid to you unconditionally. In addition, the City is offeringyou a lump sum payment and other benefits in exchange for a release of potential claims andother terms. The terms being offered to you are as follows:

1. The City will pay you a lump sum payment equivalent to nine (9) months' pay at your basesalary in effect at the time your retirement. This payment is subject to statutorywithholdings.

All other benefits, including your group medical and dental insurance benefits, will ceaseon the last day of the month in which your employment ends. However, you will have theright to continue your current insurance coverage under COBRA, and you will receive anotice regarding the process for electing COBRA coverage. As part of this offer, the City willcontinue to pay its share of the cost of your insurance premiums for the nine (9) monthsafter your group coverage ends, assuming you make a timely election under COBRA. Youwill be responsible for continuing to pay your share of the premiums during that time, andyou will be solely responsible for paying the entire premium if you continue your COBRAcoverage after this period. Also, please note that the City's obligation to pay for COBRAcontinuation coverage will cease if you become covered under another group health planduring this period, and you agree to immediately notify the City's Human ResourcesDirector if that occurs.

2.

All inquiries from prospective employers must be directed to the Human ResourcesDirector. The Human Resources Director agrees to advise prospective employers of yourdates of employment, position held, a summary of your duties and confirmation of yourending salary. You and the City agree to respond to any inquiries concerning thecircumstances surrounding the end of your employment with the City by limiting any suchresponse to confirming the information contained in a mutually agreeable press release,which is incorporated into this Agreement.

3.

4. You agree that you have no intention to, and will not seek future employment with the City.You understand that your agreement to refrain from seeking such future employment is a

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material part of this Agreement. You expressly waive the right to sue the City under federal,state and local laws, if you are denied employment in the future.

5. You agree that all personal property, public records, and confidential information providedby the City to you during the course of your employment shall remain the property of theCity. Upon execution of this Agreement you agree to immediately deliver all City propertyin your possession or control to the City, and you agree to deliver to the City or destroy anypublic records or confidential information in your possession or control. Confidentialinformation includes all nonpublic, public records exempt from disclosure, confidential, orproprietary information given in any medium, as well as any material prepared by you thatcontains or reflects such information. You may not disclose confidential or privilegedinformation obtained during the course of your employment for your own personal gain oruse any confidential information to the detriment of the City or any of its employees, unlessyou are required to disclose such information to an appropriate official to protect theinterests of the public and disclosure is required to substantiate a good faith claim ofwrongdoing on the part of the City, the City Council, its officers, employees, or agents. TheCity is the custodian of record pursuant to Oregon Public Records laws, and it shall be theduty of the City to review public records requests and determine whether requesteddocuments are exempt from disclosure. All intellectual and proprietary property rights,including copyrights and rights to service marks and trademarks, as to any and all text,electronic communications and other data including data created, stored, accessed, sentand/or received on electronic systems, any material, images and/or content appearing onor accessible through the City's electronic system or City website, belong to the City.Reproduction or use of all materials is strictly prohibited.

6. Except as set forth in section 7(a) and 7(b) below, you irrevocably and unconditionallyrelease and covenant not to initiate or maintain any judicial proceeding against the City ofWest Linn (including its past and present officers and City Council members, employees,insurers, representatives, and agents, in their individual and representative capacities) forany and all claims, liabilities, causes of action, obligations, promises, agreements anddemands, whether known or unknown, related to your employment or separation fromemployment. This release includes, but is not limited to, all claims for reinstatement,reemployment, and additional salary or other forms of compensation, benefits, emotionaldistress, pain and suffering damages, punitive damages, attorney fees, or any otherequitable or monetary relief including but not limited to any claims or charges ofdiscrimination which could have been filed with any Oregon state agency or with the EqualEmployment Opportunity Commission or which could be pursued through any state orfederal statute, including the Oregon statutes dealing with employment matters, wage andhour, discrimination in employment, and more specifically this release includes but is notlimited to ORS Chapter 652, 653, 654, 659, 659A, Title VII of the Civil Rights Act of 1964, theCivil Rights Act of 1991, the Post Civil War Civil Rights Acts, the Rehabilitation Act of 1973,the Employee Retirement Income Security Act, the Americans with Disabilities Act, theFamily Medical Leave Act, the Oregon Family Leave Act, the Age Discrimination inEmployment Act, the Equal Pay Act of 1963, Executive Order 11246, Uniformed Services

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Employment and Reemployment Rights Act of 1994, the Fair Labor Standards Act, and theOlder Workers Benefit Protection Act, or local laws, rules, ordinances or rules of decisionsdealing with employment matters and discrimination and retaliation in employment and anyclaims based on other statutes, contract (oral or written; including the Collective BargainingAgreement between the Employer and the Union) and tort (including but not limited toclaims for wrongful termination or other common law theories). You expressly intend thiswaiver and release to reach to the maximum extent permitted by law.

a. The release of claims set forth above does not apply to any claim you may have forenforcement of this Agreement, including any claim challenging the enforceability ofthe release under the federal Age Discrimination in Employment Act. It also does notapply to any claim related to your PERS account, or for any benefits you may be entitledto receive under the workers' compensation laws.

b. Also, the release of claims set forth above does not bar you from filing an administrativecomplaint with the Equal Employment Opportunity Commission, or similar stateagency. You do, however, expressly waive and release your right to receive any form ofmonetary relief, including attorney fees, penalties, and costs, as a result of any suchadministrative complaint.

8. As stated in the previous paragraph, the release contained in this Agreement includes arelease of all claims under the Age Discrimination in Employment Act ("ADEA") and,therefore, pursuant to the requirements of the ADEA, you, Terry Timeus, acknowledge thatyou have been advised:

a. that this release includes, but is not limited to all rights or claims arising under the ADEAup to and including the date of execution of this release;

b. to consult with an attorney or other advisor of your choosing concerning your rights andobligations under this release;

c. to fully consider this release before executing it and that you have been afforded ampletime and opportunity, at least 21days, to do so (although you may choose to voluntarilyexecute this Separation Agreement earlier and to waive such period of consideration);and

d. that this release shall become effective and enforceable on the eighth day after you signthis Separation Agreement, provided that you do not revoke your acceptance bydelivering written notification to the Human Resources Director by midnight on orbefore the seventh day after you sign this Separation Agreement.

9. Nothing in this Agreement should be construed as an admission of wrongdoing on the partof anyone. The City strives to enforce all employment policies in a manner that is consistentwith applicable laws. This Agreement is merely offered to assist you in your transition to

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