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Release and Settlement Agreement - Blackwell Black
Release and Settlement Agreement - Blackwell Black
t.
ll.
(A)
(B)
lll.
Ttre Terms
(A)
On September
(B)
9, 2015, Cirrcinnati Ci
Cincinnati
as
mutual
Btackw'ett:
a.
{2O7459-1}
the
tr
hereby ftrtty and completety reteases the eig of ineinnati, its cotncil
rnernkrs, agerreies, deBartnrents, divisions and atl of its ernptoyees as
wetl s aL[ other Frsons, coronations, thein ernptoyees, agents,
successors and assigns
Btack, their heirs, assigns,
administrators, guardians, executors, and hneficiaries ("reteasees")
from any ctaims relating to Btackwett's emptoyment and potential
emptoyn"lent inctuding any and atl ctaims, Federal law and Ohio
statutory and common [aW and the pubtic poticy of Ohio inclurding
ctairns of sex, nationat origin, ancestry, handicap, disabitity, religion,
race and age discrimination, under Titte Vll of the Civit Rights Act of
tr964, as arnended, 42 U.S"C" 1981 and 1983, 42 U"S". SzW, et seq",
the Ohio Civit Rights Act, ehapter 4112 of the Ohio Revsed Code
("CI.R.C. 'n), Americans With Disabitities Act, the Emptoyment
Retirement lncome Security Act (ER|SA), 29 U"S"e. 21, et seq", the
Age iscrinrination and rnptoyment Act, abuse of power, due process
defarnation, conspracy, tortious interferenee with
business
netationship, anv other ctaims, which have been, coutd be or coutd have
ken asserted by Btackwelt or on his behatf, in any fornr arisil'rg out of or
connected with Etachruelt's enrpl.oynrent relationship with the City
inctuding, hut not timited to, any ctaims of breach of an irnplied or
expressed ernptoyment eontract, estoppe[, tort ctaims, sexuaI
harassrnent, and for att tiabitities whatsoever whether now known, or
.rnknown and which may have existed as of the date of this agneernent
by Btackurett, and which nelate to Btackrnett's enrptoyrnent or potential
enrptoyment with the City of Cincinnati
Btack
inelividua[[y and in thein officia[ eapactl'es"
b"
and
and
Bl.ackvet[ furtlr agrees mot to see[< any ne-emptoyr"l-ret wtth the eity of
einci'nnati or ny emrptoyrnent with any deBant"nent of the eiff of
eincinnati.
d"
8n
arrd Etack"
exchange for the dl'stm{sse[ of any c[a{yns anri the pnonnises ard reteases of
eincnnat
and ffitack gree as fottows;
m. The eisr shatt pay to ffitaek*re[[ a [n"nmp susm of'equivatent to I "5 yers satary,
inctuding 5't0,ffi arnta[ bnus, One lrundred sevent]' thousand eight
!undred fifty dottans {$170,85t.t} aften expination and rm"r-nevmatiar"r of
the seven"day waft{mg priod nefenned tu in paragraph sevem (7}" There wit[
be no obt{gatton for eosts or e'ry attmnney fees, eac$r perty being res:onrsibte
fcn
tle{r
ewn.
{e2r7459*'r}
sha.t
e
" The eity shatl returr Elaccwett's two senvtce weapns, eover, and badge"
d"
The City shal.t pay to Fneking fyers & Reut, LLe attorney fees in tlre arnount
of eighty-fou" thousand one hundred fffty dottars ($84,150"m).
e"
f.
The
City
of any
The parties agree to keep the terms and conditions of this agreernent
confidential except as may otherwise be provided by law and except that
Blackw'et[ may indicate that the matter has hen satisfactorily resolved.
The panties understand that the setttement payment may be subject to
Federal, State and locat taxes. Accordingty, City of Cincinnati wi[[ issue an
appropriate misceltaneous Forrn 1099s for the payment as set forth above in
the respective tax year for which payment is made. ln the event that it is
deterrnined that such payment is taxabte, Ptaintiff shatt be sotety respnsibte
for the payment of such taxes attributable to him and agrees to hold the the
Ciqr
and tstack harmtess for any tax or tax penatties that may h
assessed" The surns paid ane not to considened as payment for purposes of
any wages or retirernent systenr contributions.
6"
'
City
and Btack do not admit any tiabitity or viotation of the Ohio Revised
Code or of any otfter Federat or State statutory law or the pubtic policy on
conn"on law of Ohio, inctuding contract [aw, promissory estop:et, sex-al
harassment, and/or any of Btackwel.t's rights. To the contrary, the City
and Black specificatly deny conrrnitting any wnongftrl act, and have entered into
this agneement sotety in the intenest of nesotving at[ ctairns and issues retated
to Ftaintiff's emptoyrnent with the City of Cl'nrcinnatt"
v
ffitac[wvetl grees tlrat he ndenstands his rights, and has been advised of the
rigltt to disct"ss this agneerne't with his eounse[ and acknowl.edges that he has
reviewed t"le sr"re wit' eornse[ and ur'denstands tlri's agreerment and enters
into it vol.untarity"
{0207459-'}
No parly has waived any rights or ctaims that may arise after the execution of
this agreement.
10.
CITY
WTNESSES:
Date:
9-/2'/,
Date:
8'tz- /L
Blackwell
?
Attorney for
Blackwell
City of
By:
[0020745e-1]
Date:
t [".e lrc
Dare:CIlrt
Harry
By:
{w2o745e-1}
Date:
ellzou,
-T