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General Release and Settlement Agreement
General Release and Settlement Agreement
General Release and Settlement Agreement
WHEREAS, HMEA, of which Mr. LeFevre was a bargaining unit member, filed on Mr.
LeFevre's behalf a grievance challenging an action by the City to place Mr. LeFevre on
administrative leave with pay with the Connecticut State Board of Mediation and Arbitration
which was subsequently designated Case No. 2007-A-0510; and
WHEREAS, the parties have discussed and agreed upon a resolution of said grievance as
well as any and all matters to the extent specifically addressed in this Agreement; and
2. Consideration.
ii. Mr. LeFevre shall be paid seventy-six thousand seven hundred ninety-
one and 00/100ths ($76,791.00) dollars in a check made payable to
"Donald LeFevre" within ten (10) days after January 1, 2008. Such
payment includes compensation for four hundred four and one-quarter
(404.25) hours of accrued vacation leave, totaling fourteen thousand
nine hundred twenty-four and 42/100ths dollars ($14,924.42).
iii. Mr. LeFevre shall be paid thirty-five thousand six hundred fifteen and
92/100ths dollars ($35,615.92) in a check made payable to "Donald
LeFevre" within ten (10) days after January 1, 2009.
iv. If Mr. LeFevre becomes deceased at any time before all payments in
(i), (ii) and (iii) above are paid by the City to "Donald LeFevre", said
payments will be paid to Donald LeFevre's estate.
v. The above payments are subject to any and all standard tax
withholdings.
The City further agrees to continue the health insurance coverage in effect
for Mr. LeFevre and his spouse at the time of Mr. LeFevre's resignation
(including dental coverage) until the last day of the month in which Mr. LeFevre
reaches the age of sixty-five (65) [September 11, 2008]. The cost of such health
insurance coverage shall be paid entirely by the City effective upon the execution
of this Agreement and shall continue until such coverage expires on September
30,2008.
In addition, upon reaching age sixty-five (65), Mr. LeFevre (and his
spouse, if or when applicable) must transfer to the age sixty-five (65) and over
City health care coverage plan and must enroll in Medicare Part B benefits to
remain eligible to continue City health care benefit coverage through September
30, 2009. Mr. LeFevre is responsible for paying any premiums for Medicare
coverage and the City will pay the cost for the supplemental coverage only.
b. In consideration for the City executing this Agreement, Mr. LeFevre and
HMEA agree to the following:
i. Mr. LeFevre shall resign in good standing from his position as Tax
Collector of the City effective immediately upon the execution of this
Agreement. Such resignation shall be provided in writing and
submitted to Mr. John Rose, Jr., City of Hartford, Corporation Counsel
Office, 550 Main Street, Hartford, Connecticut 06103. The parties
agree Mr. LeFevre leaves with a clean and clear personnel record.
ii. Mr. LeFevre shall not be eligible for any HMEA pension benefits, nor
shall he be entitled to receive any payout of accumulated sick leave for
his City service time that began October 12, 2003 through Mr.
LeFevre's date of resignation. However, any pension contributions
made by Mr. LeFevre since his re-employment with the City on
October 12, 2003 will be refunded to Mr. LeFevre in accordance with
Chapter 2A of the Municipal Code.
iii. The pension benefits provided to Mr. LeFevre for his previous
employment with the City will not be impacted by (ii) above.
The City and McEleney & McGrail have specifically advised Mr. LeFevre to
consult with an attorney or advisor of his choosing before signing this Agreement.
McEleney & McGrail, LLC and Stephen F. McEleney represent HMEA, only, in
this transaction.
7. Past Practice and Precedent. This Agreement is specific to Mr. LeFevre, and as
such, it shall not establish past practice or precedent in any other possible
dispute(s) that may arise between the parties in the future. Furthermore, this
Agreement shall not be cited or used as evidence in any proceeding except one to
enforce its terms.
8. Governing Law. This Agreement and disputes arising there from shall be
governed by and construed in accordance with the laws of the State of
Connecticut. If any provision of this Agreement should be held unlawful by a
court of competent jurisdiction, the remainder of the Agreement shall continue in
force.
By:
Donald LeFevre
Date:
By:
Lee Erdmann
Chief Operating Officer or Mayor's Designee
Date:
da Moniz-Carroll
President
Date: