SETTLEMENT AGREEMENT

GENERAL RELEASE AND COVENANT NOT TO SUE

This Settlement Agreement, General Release and Covenant Not to Sue

("AGREEMENT') is entered into by and between the CITY OF ANSONIA (the "ClTy'),
its directors, officers, employees, representatives, agents, successors and assigns, and
PETER J. KELLY, an individual residing at
1i,KELLy,,1.

WHEREAS, KELLY had been emptoyed by the ClTy; and

WHEREAS, the CITY terminated its employment relationship with KELLY on or
about March 4,2014; and
WHEREAS, KELLY filed a demand for arbitration with the American Arbitration
Association, denominated Peter Kellv v. Citv of Ansonia, Case Number: 01-14-0001291'1 (the 'ARBITRATION"); and
WHEREAS, the parties submitted to mediation of the ARBITRATION on or about
January 19,2015; and
WHEREAS, while maintaining their respective positions, and without admitting
fault or liability, the parties are willing to resolve the ARBITHATION confidentially in the
interest of avoiding the cost and inconvenience of litigation, and to definitively resotve
and conclude all issues arising out of the employment relationship;
NOW, THEREFORE, in consideration of the mutual covenants herein contained,

and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the CITY and KELLy agree that:
1.

Upon the Effective Date of this AGREEMENT, as hereinafter defined, and

KELLY'S filing of a withdrawal of the ARB|THATION with prejudice,
whichever is later, the clrY, without any admission of liability or
wrongdoing, agrees to pay to KELLY the gross sum of SEVENTEEN
THOUSAND FIVE HUNDRED AND 00/1OO DOLLARS ($r7,s00) in a
check made payable to KELLY. Said check shall be released upon the
approval of the CITY'S Board of Aldermen.

2.

KELLY consents to the total and irrevocable termination of the

employment relationship, and all duties and authority associated
therewith, as of March 4, 2014, and entirely waives any right or claim to
reinstatement, rehire, or resumption of active duty, and agrees not to
apply for reinstatement, rehire, or resumption of active duty, and to waive
any right to so apply, as a new employee or otherurise. ln the event that
KELLY applies for reemployment or attempts to exercise any recall rights,
the CITY shall have no obligation to consider him for reemployment. All
benefit eligibility ceased March 4,2014.

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3.

Except for the obligations set forth in this AGREEMENT, as well as any
vested pension benefits, KELLY releases and forever discharges the
CITY, for himself and his heirs, executors, administrators and aSSignS,
from all demands, damages, complaints, suits, caUSeS of action, claims
and charges whatsoever, in law or in equity, which KELLY ever had, may
have had, now has, or which he or his heirs, executors, administrators or
assigns hereafter can, shall or may have as a result of any act or omission
occurring up to the Effective Date of this AGREEMENT, including but not
limited to the ARBITRATION. Moreover, KELLY agrees to withdraw the
ARBITRATION with prejudice, and neither file nor maintain any other
action.

4.

Without in any way limiting the scope or effect or Paragraph 3:

A.

KELLY represents that he has been fully represented and advised

by his attorney with respect to this AGREEMENT.

B.

KELLY represents that he

C.

is fully competent to, and does

understand the meaning and effect of this AGREEMENT.

KELLY agrees that among the rights knowingly and voluntarily

waived and released in Paragraph 3 are the rights to bring, pursue
or continue to pursue, or cause to be brought or pursued, or

voluntarily participate in, or receive individual relief of any type from

(including but not limited to costs, reinstatement and attorney fees),
any suits, demands, complaints, causes of action, claims and
charges under any federal, state or local law, statute, regulation or
decision, or body of common law, in law or in equity, before any
federal, State or municipal court, administrative agency, arbitral
tribunal or alternate dispute resolution forum, including but not
limited to the Age Discrimination in Employment Act, the Older
Workers Benefit Protection Act, Title Vll of the Civil Rights Act of

1964, the Connecticut General Statutes, the Americans with

Disabilities Act, the Employee Retirement lncome Security Act, and

any state or local counterparts of the above, the Connecticut
Whistleblowers Act (Conn. Gen. Stat. S 31-51m); Connecticut

General Statute S 31-51q prohibiting discipline or discharge on

account of employee's exercise of certain constitutional rights, the
provisions of the Connecticut General Statutes concerning the
payment of wages (Conn. Gen. Stat.S$ 31-58 et seq., and Conn.
Gen. Stat. S$ 31-70 et seq.) and all claims for salary and other
compensation or benefits; common law claims for constructive
discharge; tort (including but not limited to defamation, fraud,
intentional or negligent misrepresentation, negligence, or negligent
infliction of emotional distress); breach of contract; breach of
implied covenant of good faith and fair dealing; promissory

l007428t1.DOCXVer. 1)

estoppel; grievances and any and all other claims or causes of

action that could arise under federal, state, or local law in any way
related to KELLY'S employment or separation from such
employment.

D.

KELLY understands that Paragraph 3 includes a waiver of all suits,

demands, complaints, causes of action, claims and charges against
the CITY, whether known or unknown, asserted or unasserted,
suspected or unsuspected, which KELLY may have as a result of
any act occurring up to the effective date of this AGREEMENT, as
well as the conclusive withdrawal of the ARBITRATION and any
other proceedings already filed. KELLY represents that except for
the matters referred to herein, there is no pending grievance,
action, complaint, charge, or claim against CITY filed by her or on
her behalf in any forum, whether judicial, administrative, or
othenruise.

E.

is providing independent
to be bound by the
agreement
KELLY'S
consideration in return for
terms of this AGREEMENT.

F.

KELLY acknowledges that he has been given at least twenty-one

(21) days to decide whether to be bound by the terms of this

KELLY acknowledges that the CITY

AGREEMENT.

G.

KELLY understands that for a period of seven (7) days following

the execution of this AGREEMENT, he may revoke the
AGREEMENT by providing written notice of such revocation to Lisa
Grasso Egan, Esq. at Berchem Moses & Devlin, P.C.75 Broad
Street, Milford, CT 0646i during such period. The AGREEMENT
will not become effective or enforceable until the later of (1) the
eighth day following execution of this AGREEMENT and (2) the
receipt of the Medicare information form attached to this Agreement
(the "Effective Date").

5.

This AGREEMENT shall benefit and be binding upon, the parties hereto
and their heirs, executors, administrators, legal representatives,
successors and assigns.

6.

KELLY and the CITY agree that the terms and conditions of this
AGREEMENT, including the fact of settlement itself, will be kept fully
confidential and undisclosed, with the exception of the parties' respective
financial and legal advisors and to the extent required by law, in particular
to obtain the approval of this AGREEMENT by the CITY'S Board of
Aldermen. Upon a proven breach of this confidentiality obligation, KELLY
shall be liable to the CITY in the amount of the consideration furnished in

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Paragraph 1 above. Notwithstanding the above, if the parties are asked

about the status of the ARBITRATION, they may say that it is resolved.
7.

lf

KELLY breaches any provision of this Agreement, the CITY may

demand repayment of any payment already made, in which case KELLY

will forfeit and promptly return the same to the CITY. Any forfeiture or
repayment by KELLY will be in addition to and not in lieu of any other
remedy provided for herein or otherwise available to the CITY on account
of KELLY'S breach, including the CITY'S entitlement to injunctive relief
from a court ordering KELLY to cease violating his obligations, recovery of
any damages sustained, and any other applicable remedies. KELLY
agrees to indemnify the CITY for any costs, expenses (including attorneys'
fees) or damages incurred by the CITY due to his breach.
8.

KELLY and the CITY agree that this AGREEMENT constitutes the full and
complete understanding between them, and that no changes to this
AGREEMENT shall be effective unless made in a writing signed by both
parties.

9.

The parties agree not to disparage each other in any manner. Any
statement to prospective employers of KELLY will be limited to position,
dates of employment, and salary information. KELLY will make no
statements disparaging the CITY or its practices, policies, employees,
boards and commissions, programs, services, and decisions'

10.

any of the provisions, terms or clauses of this AGREEMENT are

declared illegal, unenforceable or ineffective in a legal forum or by
operation of law, those provisions, terms and clauses shall be deemed
severable, such that all other provisions, terms and clauses of this

lf

AGREEMENT shall remain valid and binding upon KELLY and the CITY
to the fullest extent possible.
11.

This AGREEMENT shall be interpreted in accordance with and governed

by the laws of the State of Connecticut, exclusive of its laws on conflicts of
Iaw.

12.

This AGREEMENT may be executed in separate counterparts and each

execution shall be valid and binding just as if all of the parties had signed
the same original.

13.

This AGREEMENT is contingent upon the approval of the CITY'S Board

of Aldermen. lf such approval is not received, this AGREEMENT shall be
null and void regardless of whether or not it has been signed by any party'

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PETER KELLY

of February, 2015, before me personally appeared PETER

On this
KELLY, who in my presence executed the foregoing Settlement Agreement, General
Release and Covenant Not to Sue, acknowledging such execution to be his free act and
deed.

-day

Notary Public
My Commission Expires:

CITY OF ANSONIA

BY:
Its:

On this
of February,2015, before me personally appeared
who, in my presence, executed the foregoing Settlement Agreement, General Release
and Covenant Not to Sue, acknowledging such execution to be his free act and deed on

-day

behalf of the CITY.

Notary Public
My Commission Expires:

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