R-1411 - 10/28/2014 - CONTRACTS - Resolutions RESOLUTION 2014-AG-SETT-PL-EX-R-1411
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION
OF A SETTLEMENT AGREEMENT BY AND BETWEEN
THE VILLAGE OF OAK BROOK AND SCOTT AND JUDITH HARRIS
WHEREAS, Scott Harris and Judith Harris (collectively, "Plaintiffs"), filed a lawsuit in 2011 in the
Court of DuPage County, Illinois, Case No. 11 MR 000011, claiming that Plaintiffs are entitled to benefits
under the Public Safety Employee Benefits Act, 820 ILCS 320/1 et seq. ("Lawsuit"); and
WHEREAS, the Village and the Plaintiffs now desire to reach a mutually acceptable, good faith
resolution of all matters pending between them; and
WHEREAS, the President and Board of Trustees have determined that settling the Lawsuit with
the Plaintiffs by entering into a settlement agreement is in the best interests of the Village;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of the Settlement Agreement. The President and Board of Trustees
hereby approve the Settlement Agreement by and between the Village and the Plaintiffs, in substantially
the same the form as attached as Exhibit A("Settlement Agreement").
Section 3: Authorization and Execution of the Settlement Agreement. The Village President
and Village Clerk shall be, and hereby are, authorized to execute the Settlement Agreement in
substantially the same form as attached hereto as Exhibit A after receipt of the final Settlement
Agreement fully executed by Plaintiffs.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2014-AG-SETT-PL-EX-R-1411
Approving and Authorizing the Execution
of a Settlement Agreement with Scott and Judith Harris
Page 2 of 3
APPROVED THIS 28th day of October, 2014
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Gopal G. Lalmalani
Village President
PASSED THIS 28th day of October, 2014
Ayes: Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf
Nays: None
Absent: None
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ATTEST:
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s _4 ' ‘ , Charlotte K. Pruss
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Resolution 2014-AG-SETT-PL-EX-R-1411
Approving and Authorizing the Execution
of a Settlement Agreement with Scott and Judith Harris
Page 3 of 3
EXHIBIT A
SETTLEMENT AGREEMENT
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is entered into by and between Scott Harris
("Harris") and Judith Harris (his "spouse") and the Village of Oak Brook ("Village"):
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants
herein made and for other good and valuable consideration, the receipt and sufficiency of which
are hereby mutually acknowledged, the parties do hereby enter into the following Agreement:
1. Settlement Amount and Payment
Scott Harris agrees to accept a settlement from the Village of Oak Brook in the total
amount of TWO HUNDRED TEN THOUSAND AND NO/100 ($210,000.00) in exchange for a
full and final dismissal with prejudice of all claims against the Village of Oak Brook with each
side bearing its own costs and attorney's fees.
In consideration for payment of the aforesaid settlement amount, Scott Harris agrees to
withdraw himself and his spouse from the Village's health insurance plan effective January 1,
2015. Harris further agrees that any and all claims or entitlements to health insurance benefits
which he or his spouse may have now or in the future from the Village will terminate forever
effective January 1, 2015.
The Village agrees to issue a settlement check made payable to the plaintiff, Scott Harris
and his attorneys Morici Figlioli and Associates in the aforesaid settlement amount
($210,000.00) within 10 business days after January 1, 2015.
The Village's counsel will tender the settlement checks to Harris and his counsel, as set
forth in paragraphs 1 and 2, upon the presentment of a order dismissing all claims in their
entirety with prejudice in Case No. 2011 MR 11.
The parties agree that $149,197.85 of the aforesaid settlement amount ($210,000.00)
represents reimbursement to Scott Harris for past health insurance premiums he paid to the
Village from February 2005 up to the present time, and that this reimbursement does not exceed
the amount paid by Scott Harris for these past health insurance premiums.
The parties further agree that $54,559.97 of the aforesaid settlement amount
($210,000.00) represents a compromise for disputed future health insurance premiums and that
Scott Harris agrees to utilize this amount solely and exclusively for payment of future health
insurance premiums he will incur.
2. Attorneys' Fees & Expenses. The parties agree that $6,242.18 of the aforesaid
settlement amount represents attorneys' fees ($5,000.00) and expenses ($1,242.18) which have
been incurred by Scott Harris's attorneys' during the litigation of this matter. Upon payment of
the aforesaid settlement amount ($210,000.00) the Village is hereby released and discharged
from any and all claims for attorneys' fees and expenses made by Scott Harris or any attorney or
law firm that represented Scott Harris in this matter.
3. Waiver. Harris and his spouse waives any and all claims they may have now or
in the future for PSEBA (Public Safety Employee Benefits Act) benefits to which he, his spouse
and/or family could be entitled to based upon Harris's disability status.
Harris acknowledges that he has received all compensation due him and that the Village
has discharged all obligations to him as a result of his work on behalf of the Village, as well as
any other expectation of remuneration or benefit.
4. Consideration. Harris acknowledges that he would not be entitled to the
settlement amount provided for in paragraph 1 above in the absence of his signing this
Agreement, that the aforesaid settlement amount constitute a substantial economic benefit to
Harris, and that they constitute good and valuable consideration for the various commitments
undertaken by Harris in this Agreement.
5. Parties Released. For purposes of this Agreement, the term "Releasees" means
the Village, and each of its elected and appointed officials, employees, agents, representatives,
attorneys and insurers in their individual capacities.
Plaintiff agrees to the dismissal with prejudice of all the claims in his lawsuit against the
Village of Oak Brook, Case No. 2011 MR 11.
6. General Release. Harris, for and on behalf of himself and each of his personal
and legal representatives, heirs, devisees, executors, successors and assigns, hereby
acknowledges full and complete satisfaction of, and fully and forever waives and releases the
Releasees from any and all claims, causes of action, demands, liabilities, damages, obligations,
and debts (collectively referred to as "Claims"), of every kind and nature, whether known or
unknown, which Harris holds as of the date Harris signs this Agreement, or at any time
previously held against the Releasees, or any of them, arising out of any matter (with the
exception of breaches of this Agreement) including but not limited to claims under Title VII of
the Civil Rights Act; the Illinois Human Rights Act, the Civil Rights Act of 1991, the Illinois
Civil Rights Act, the Illinois Wage Payment and Collection Act, the Americans With Disabilities
Act, the Age Discrimination in Employment Act, the Older Workers Benefit Act, the Fair Labor
Standards Act, and any other state or federal statutes or Village policies applicable to Harris'
employment with the Village.
7. Covenant Not to Sue. Harris represents and warrants that as of the date he signs
this Agreement, he has not initiated or caused to be initiated against the Village any
administrative claim, investigation, or proceeding of any kind.
8. Remedies for Breach. If Harris, or anyone on his behalf, initiates, brings or
prosecutes any suit or action against the Village in any federal, state, county or municipal court,
with respect to any of the Claims released in this Agreement, or if Harris breaches any of the
terms of this Agreement, then (a) Harris shall be liable for the payment of all damages, costs and
expenses (including attorneys' fees) incurred by the Releasees, or any of them, in connection
with such suit, action or breach and (b) the Village shall no longer be obligated to make any
payments not already made to Harris prior to Harris's breach of this Agreement. Additionally, in
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the event Harris files a suit or action in any court against the Village, the Village may require
Harris to return all monies and benefits paid to him pursuant to this Agreement. Harris also
waives his right to any attorneys' fees, compensation or other recovery whatsoever as the result
of any legal action brought by him or on his behalf by any other party against the Village. If the
Village breaches this Agreement, Harris shall not be held to have waived any Claims pursuant to
this Agreement.
9. Taxes. Harris agrees that he is responsible for payment of all federal, state, and
local taxes, of any type whatsoever, due and resulting from the payments to him of the above-
described consideration. The Village, however, shall cooperate with Harris and provide any and
all documentation establishing proof of his prior payments made for continuing coverage under
the Village health insurance plan from February 2005 up to the present, if requested as part of
any review, claim, or cause of action made by the Internal Revenue Service or any other taxing
entity relating to any alleged tax liability arising out of this settlement.
10. No Admission of Liability. Nothing in this Agreement constitutes or shall be
construed as an admission of liability on the part of the Releasees, or any of them. The Releasees
expressly deny any liability of any kind to Harris, and particularly any liability arising out of or
in any way related to his or his spouse's claim for PSEBA benefits from the Village. It is agreed
that evidence of this settlement shall be inadmissible in any other action of any kind, unless
introduced by or with permission of the Releasees.
11. Non-Disparagement. Harris agrees that he will not, directly or indirectly, engage
in any conduct or make any statement to any person or entity that is calculated or likely to have
the effect of undermining, disparaging or otherwise reflecting poorly upon the Village.
12. Warranty of Understanding and Voluntary Nature of Agreement. Harris
acknowledges that he has carefully read and fully understands all of the provisions of this
Agreement; that he knows and understands the rights he is waiving by signing this Agreement;
and that he has entered into the Agreement knowingly and voluntarily, without coercion, duress
or overreaching of any sort. Harris acknowledges that he has been advised of his right to
consult with an attorney or other representative of his choice prior to signing this Agreement.
13. Severability. The provisions of this Agreement are fully severable. Therefore, if
any provision of this Agreement is for any reason determined to be invalid or unenforceable,
such invalidity or unenforceability will not affect the validity or enforceability of any of the
remaining provisions.
14. Entire Agreement/Integration. This Agreement constitutes the sole and entire
agreement between Harris and the Village with respect to the subjects addressed in it, and
supersedes all prior or contemporaneous agreements, understandings, and representations, oral
and written, with respect to those subjects. Harris acknowledges that no promises or agreements
have been made to him except those contained in this Agreement. Any and all prior settlements
between the Village and Harris are not affected by this Settlement Agreement including, but not
limited to all prior settlements of Harris' workers' compensation claims.
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15. No Waiver. No waiver, modification or amendment of any of the provisions of
this Agreement shall be valid and enforceable unless in writing and executed by Harris and the
Village.
16. Confidentiality. Harris shall keep confidential the existence of this Agreement
and its terms, and agrees that neither he, nor any of his agents, shall directly or indirectly disclose
any such matters unless written consent is given by the Village, or unless required to comply
with any federal, state or local law, rule or order. However, this paragraph will not prohibit
Harris from disclosing the terms of this Agreement to his attorneys, accountants or other tax
consultants as necessary for the purpose of securing their professional advice, or in connection
with any suit or action alleging a breach of this Agreement. In view of the difficulty of
determining monetary damages in the event of a breach of this confidentiality provision, it is
agreed that Releasees shall be entitled to liquidated damages in the amount of One Thousand
Dollars ($1,000), plus reasonable attorneys' fees and costs associated with enforcing this
confidentiality provision, in the event of a breach of this paragraph by Harris, which remedies
are agreed by Harris to be reasonable. Releasees shall also be entitled to injunctive relief and/or
any other available remedy in the event of a breach of this paragraph by Harris. In the event that
Releasees take steps to seek relief from Harris for an alleged breach of this paragraph, all of the
remaining provisions of this Agreement shall remain in full force and effect.
17. Successors and Assigns. This Agreement shall be binding upon, and shall inure
to the benefit of, Harris and his personal and legal representatives, heirs, devisees, executors,
successors and assigns, and the Village and its successors and assigns.
18. Choice of Law. This Agreement and any amendments thereto shall be governed
by and construed in accordance with the laws of the State of Illinois, ithout regard to conflicts
of law principles.
SCOTT HARRIS VILLA OF / OOI '
By: `---- By:
Date: 12—j 1 , 2014. Date: Nc I , 2014.
JUDITH HARRIS
By: — -
Dated: \--\\ 3 k , 2014
4810-4298-6782,v. 1
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OGID
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
DUPAGE COUNTY,ILLINOIS
SCOTT HARRIS, ) .
Plaintiff, ) rF= h la
vs. )Case No. 2011 MR 11 ;fix 1
VILLAGE OF OAK BROOK, )
) •
Defendant.
DISMISSAL ORDER
THIS CAUSE coming before the Court, and the Court having been advised that all
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matters in controversy have been settled between the parties, IT IS HEREBY ORDERED:
1. The Complaint against the Village of Oak Brook in the above-entitled matter is
hereby dismissed with prejudice and without costs.
2. The Court retains jurisdiction to enforce the terms of settlement.
CACLOSED ENTER: iI fid i- ;y a'--- )1
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JUDGE'S �'.!!T. 4114,1,7'
David Figlioli, Esq. Darcy L. Proctor
Attorney for Plaintiff Attorney for Defendant
MORICI, FIGLIOLI & ASSOCIATES ANCEL, GUNK, DIAMOND, BUSH,
150 N. Michigan Avenue, Suite 1100 DICIANNI& KRAFTHEFER, P.C.
Chicago, Illinois 60601 140 South Dearborn, Suite 600
(312)372-9600 Chicago, Illinois 60603
DuPage Attorney No. 27518 (312) 782-7606
DuPage Attorney No. 1300
Request received on 2015-01-12-12.02.04.0 Document supplied on 01112/2015 13:4238 6 3650810/17043336222 •