SETTLEMENT AGREEMENT BY AND AMONG CITY OF SCHENECTADY AND SCHENECTADY POLICE BENEVOLENT ASSOCIATION AND PTL. BRIAN POMMER WHEREAS, Brian Pommer (“Pommet”) is employed by the City of Schenectady (“City”) as a Patrol Officer with the City’s Police Department (“Department”); and WHEREAS, Pommer is a member of the collective bargaining unit represented by the Schenectady Police Benevolent Association (“Association”); and WHEREAS, the Department served a Notice of Discipline dated October 26, 2020 NOD”), containing certain allegations relating to and arising out of violations of Schenectady Police Department policies arising from an incident on July 6, 2020 (Incident AI-20-36); and WHEREAS, Pommer served an Answer and Demand for Hearing dated October 28, 2020, ‘denying the allegations in the NOD and requesting a hearing; and WHEREAS, the City and Pommer are desirous of resolving these matters without the need of litigating this at a hearing, and the parties have agreed to the terms and conditions of this, resolution. NOW THEREFORE, in consideration of the mutual premises herein contained, the parties hereby agree as follows: 1. Admission: In consideration of the terms of this Agreement, Pommer admits to Specification Tin the NOD. Pommer acknowledges that this constituted a violation of Department Policy 600.3.1(a)(2). Also, Pommer admits to Specification II in the NOD. Pommer acknowledges that this constituted a violation of Department Policy 320.5.9(g).2. Suspension/Training: Pommer will be suspended from the Department for six (6) calendar days without pay and will undergo additional field training for seven (7) work days. 3. Personnel / Administrative File: This Agreement shall be placed in Pommer’s personnel file maintained by the Department and may be referred to in future disciplinary actions. 4. City Waiver: The City agrees to not further pursue disciplinary charges or actions against Pommer for his conduct relating to the detainment, arrest and interactions with regard to Incident AI-20-36 on July 6, 2020, and the City further agrees that this Agreement is in full and final settlement of disciplinary charges and actions which were and/or could have been brought against Pommer regarding, relating to, or arising out of Incident AI-20-36 on July 6, 2020, in its entirety. 5. Acknowledgment: Pommer acknowledges that he has been advised of his right to counsel or union representation concerning the subject matter of this Agreement and has been fully and fairly represented by the Schenectady Police Benevolent Association. Pommer further acknowledges that he has read this agreement in its entirety, understands its contents, and is voluntarily entering into this agreement, including waiving his rights to a hearing without coercion or duress. 6. Grievance / Hearing Waiver: Pommer and the Association, except to enforce this, Agreement, agree not to file, pursue, or assist in, and hereby waive, any grievance or right to a hearing against the City based on the City’s investigation into the matter, and/or the circumstances which gave rise to this Agreement. 7. Non-Precedent: This Agreement will be non-precedential. The terms expressed herein cannot be used by any of the parties in any other action,8 Lawof New York: This Agreement shall be construed and enforced in accordance with the laws of the State of New York. 9. Binder: This Agreement shall bind Pommer, his heirs, successors, and assigns; the Association, its agents, successors, and assigns; and the City, its agents, successors, and assigns. 10. Signatures: ‘The parties will deem signatures via facsimile and/or electronic mail acceptable as originals. This Agreement may be executed in one or more counterpart copies, each ‘of which shall be deemed an original, and together shall constitute one and the same Agreement. 11, Full Agreement; This Agreement constitutes the entire agreement among the parties, supersedes all prior agreements among the parties, and may not be altered, amended, ot modified except by a writing executed by all parties. KEL — Nn f4ffo Brian Pompmer Date Esq. Counsel for Pl. Brian Pommer Andrew B. Koldin, Esq. Date Corporation Counsel for City of Schenectady