SEPARATION AGREEMENT AND GENERAL RELEASE THIS Separation Agreement and General Release (hereinafter “Agreement”) is entered into this ____ day of May, 2023, between the PLAIN TOWNSHIP BOARD OF ‘TRUSTEES (hereinafter “BOARD”) and ERIC HAINES (hereinafter “HAINES") WHEREAS, HAINES has filed a charge with the U.S. Department of Labor »wnship/Haines/301013213 (the “DOL Charge”); and and the BOARD have agreed to enter into this Agreement, DOL”), charge number: WHEREAS, HAIN and HAINES will dismiss his DOL Charge ; and WHEREAS, the BOARD has denied and continues to deny all claims of liability regarding any claims raised in the DOL. Charge and any other potential claim HAINES may have against the BOARD and has asserted defenses to such claims. WHEREAS, the BOARD and HAINES have determined that it is in the best interests of each to prospectively address, through this Agreement, HAIN! ongoing employment status with the Board and separation from employment. NOW THEREFORE, the parties agree as follows: 1. By executing this Agreement, HAINES agrees he shall dismiss his DOL Charge within seven (7) days of the execution of this Agreement. The parties agree that the DOL’s approval of the dismissal of the DOL Charge is a material term of this Agreement. 2. By executing this Agreement, HAINES irrevocably resigns from employment with the BOARD effective upon the close of business on March 22, 2024, and by approving and executing this Agreement, the Board accepts HAINES" resignation effective on such date. It is expressly understood that the parties intend that HAINES will remain in pay status ~ through the use of accrued but unused vacation hours, accrued but unused sick leave hours, and paid leave ~ until the close of business on March 22, 2024. Further, HAINES waives his right to accrue vacation and sick leave days upon the effective date of this Agreement (.e., the date the Agreement is fully-executed by both Parties). 3. With the understanding that HAINES irrevocably resigns from employment with the BOARD effective the close of business on March 22, 2024, HAINES shall be able to access and use his accrued unused vacation hours and sick leave hours in the following manner: (03710125-2/027193-010018)‘A. It is understood that from May 14, 2023 through March 22, 2024, HAINES will have eight hundred forty five hours (845) of accrued unused vacation hours. HAINES will be permitted to use accrued but unused vacation hours to cover a portion of the payment of his salary for the period through March 22, 2024. B. It is further understood that from May 14, 2023 through March 22, 2024, HAINES will have eight hundred fifty nine hours (859) of accrued unused sick leave hours. Upon the exhaustion of HAINES” vacation hours, he shall be able to utilize such unused sick leave hours. HAINES will be permitted to use accrued but unused sick leave hours to cover portion of the payment of his salary for the period through March 22, 2024. C. It is further understood that HAINES? unused accrued sick leave and vacation hours will exhaust on February 1, 2024. Upon the exhaustion of HAINES’ unused accrued sick leave and vacation hours, the BOARD shall pay HAINES his current regular payroll salary until the close of business on March 22, 2024. 4, The BOARD will continue to provide health insurance benefits to HAINES in accordance with the manner health insurance benefits are currently provided. Such extension of benefits will continue until close of business on the effective date of HAINES” resignation at the close of business on March 22, 2024, HAINES shall be issued a COBRA notice following the termination of his health insurance benefits. 5 It is expressly understood that while the parties intend for HAINES to remain in pay status until the close of business on March 22, 2024, HAINES shall not report to any Plain Township building for purposes of employment and shall not have remote access to Plain Township's computer systems during this period. Nothing in this Agreement prohibits HAINES from acting as a consultant to, or a director, member, officer, or employee of another business entity while he remains in pay status until his resignation at the close of business on March 22, 2024. 6. The BOARD acknowledges HAINES Township Trustee in the November 7, 2023 general election. In the event HAINES wins the is currently a candidate for Plain election HAINES agrees to itrevocably resign from employment with the BOARD effective the date before he is to take office as a Plain Township Trustee and by approving and executing this, ‘Agreement, the BOARD accepts HAINES’ resignation effective on such date. If HAINES wins the November 7, 2023 general election any obligations of the BOARD to continue HAINES? {03710125-2/027193-010018)2‘employment with the BOARD until the close of business on March 22, 2024, as outlined in paragraphs 2-3 above are void. Any accrued unused vacation hours and sick leave hours will be ‘converted as set forth in the Plain Township Employee Handbook. Any health insurance benefits will continue at the election of HAINES. 7. HAINES shall return any and all property of the BOARD, including but not limited to all files, laptops, phone, iPads, VPN, office keys, and ID Badges, within seven (7) days of the execution of this Agreement. 8. HAINES agrees that he will not make any critical, negative or disparaging remarks about the BOARD, its officers, employees or representatives including, but not limited to, comments about his employment with or cessation of employment with the BOARD, the services it provides, its business or employment practices and its leadership. The BOARD This agrees that it will not make any critical, negative or disparaging remarks about HAINES. agreement to not disparage includes, but it not limited to, disparagement on social media. The Parties expressly acknowledge, understand and agree that, for purposes of this Agreement, the truth, accuracy or veracity of any statement, comment or remark shall be irrelevant to whether such statement, comment or remark is critical, negative or disparaging. 9. If at any time HAINES seeks a reference from the BOARD, it must be addressed to the Township Administrator. Upon receipt of a reference request, the BOARD will respond with confirmation of dates of employment, positions held, and the last hourly wage of HAINES. The terms of this Paragraph shall not apply to any disclosures by the BOARD that are required by any state or federal law, rule, or regulation, or pursuant to a subpoena or other Court order. Specifically, the parties understand and acknowledge that documents related to HAINES are public documents that must be disclosed pursuant to ORC §149.43. 10, _ HAINES agrees, on behalf of himself, his heirs, executors, administrators, assigns, agents, and representatives, to hereby release and discharge BOARD, its officers, and employees, (hereinafter collectively referred to as “Releasees”) for any and all suits, actions, causes of action, complaints, obligations, demands, common law or statutory claims of any kind, whether in law or in equity, direct or indirect, known or unknown (hereinafter “claim”), including but not limited to claims arising out of or relating to his employment with BOARD, occurring up to and including the date of this Agreement. (03710125-2, 027193.010018)3‘This Release specifically includes, but is not limited to, claims for any alleged violation of the Fair Labor Standards Act; Title VII of the Civil Rights Act of 1964; Sections 1981 through 1988 of Disabilities Act of 1990, as amended; the Age Dis ‘tle 42 of the United States Code; the Americans with ion in Employment Act of 1967 ("ADEA"); the Fair Credit Reporting Act; the Family and Medical Leave Act, as amended; Ohio Civil Rights Act, Ohio Rev. Code§ 4112.01 et seq.; Ohio Age Discrimination in Employment Act, Ohio Rev. Code§ 4112.14; Ohio Whistleblower Protection Act, Ohio Rev. Code§ 4113.51 et seq.; any other federal, state or local law, rule, regulation, ordinance or common law; any claim for promissory estoppel, violation of public policy, monies owed, harassment, infliction of mental or emotional distress, loss of consortium, invasion of privacy, false light, negligence, intentional tort, breach of express or implied contract, or defamation; and/or any basis for recovering costs, fees, or other expenses, including attomey's fees incurred in connection with the review and consideration of this Agreement. 11. HAINES further represents and asserts that he has no other pending claims before the Equal Employment Opportunity Commission, the Ohio Civil Rights Commission, the Ohio or Federal Department of Labor, or any other local, state or federal agency. Nothing in this Agreement prohibits HAINES from participating in any investigation or proceeding of the U.S. Equal Employment Opportunity Commission, the Ohio Civil Rights Commission, a local Fair Employment Practices Agency, or the Ohio or Federal Department of Labor. However, HAINES agrees he is not entitled to any further monetary compensation from the BOARD regarding any action which occurred prior to the date of signing of this Agreement, and HAINES specifically waives any right to any monetary compensation from the BOARD in regard to any charge, complaint, or lawsuit filed or pursued by the EEOC, the Ohio Civil Rights Commission, a local Fair Employment Practices Agency, or the Ohio or Federal Department of Labor regarding any event occurring prior to the date of this Agreement. 12. This Agreement shall set no precedent in any other matter between the parties or any other employees, now or in the future, and shall not be referred to by any party in any other matter unrelated to this Agreement. 13. This Agreement shall be construed according to the laws of the State of Ohio. (03710125-2 /027193-010018}414, This Agreement shali he binding upon the parties and their respective heirs, admi of all parties, and their respective agents, employees, heirs and assigns, trators, agents. representatives, executors, and assigns and shall inure to the benefit 1S, This Agreement is an integrated Agreement that seis forth the entire ‘Agreement and understanding between the parties with respect to the subject matter hereot. and supersedes all ether understandings and agreements 16. The parties acknowledge that the terms of this Agreement have been fully read and the parties understand the provisions and voluntarily accept its terms and that they have rights in this mater, ofp Cons Zee Mince 6485 HS SABO ERIC HAINES wt TRUSTER SCOTT AWS TRUSTEE LAT o alas? osrinnas.2 -ormNSnobiR!S