R-1945 - 05/25/2021 - AGREEMENTS - Resolutions Supporting Documents SETTLEMENT AGREEMENT
This Settlement Agreement("Agreement")is entered into by and between Sean Kelly on
behalf of himself,his children,family,agents,representatives,attorneys,assigns,beneficiaries,
heirs,executors and administrators(hereinafter referred to as"KELLY")and the VILLAGE OF
OAK BROOK,on behalf of itself,its related entities,predecessors,successors,assigns,trustees,
officers, directors, attorneys, employees and agents(hereinafter collectively referred to as the
"VILLAGE"):
WHEREAS,KELLY filed an amended application for a disability pension on or about
January 29,2021;
WHEREAS,the VILLAGE is interested in filing a Motion to Intervene with the Oak
Brook Firefighters'Pension Fund(the"Board");
WHEREAS, the Parties disagree as to whether KELLY is entitled to a line-of-duty
disability pension,an occupational disease disability pension,or any pension at all;
WHEREAS, the Parties desire to amicably settle and put all remaining administrative
proceedings and litigation between them to reset and avoid the inconvenience,uncertainty and cost
of additional litigation;
NOW,THEREFORE,for and in consideration of the provisions,covenants and mutual
promises contained herein,the Parties hereby agree as follows:
1. Settlement Terms.Upon execution of this Agreement,the VILLAGE agrees that
it will not take a position on any substantive issues relating to KELLY's application for a disability
pension. The VILLAGE will not take any further actions to intervene in or otherwise contest
KELLY's application for a line-of-duty or non-duty disability pension,including an appeal of the
Pension Board's decision.This includes an appeal or review of the Pension Board's decision for a
line-of-duty or non-duty pension in the Circuit Court or Appellate Court.The VILLAGE may
respond to any subpoenas issued by the pension board to aid with the processing of KELLY"s
pension application
Additionally, KELLY acknowledges that the provisions described in this paragraph
constitute valid and sufficient consideration for the promises contain in the Agreement.
2. General Release. In exchange for the consideration in paragraph 1, KELLY
waives, releases and forever discharges the VILLAGE from any and all known or unknown
actions,causes of action,claims or liabilities of any kind which have been or could be asserted
against the VILLAGE arising up to and including the date KELLY signs this Agreement,including
but not limited to:
• any and all claims,actions,causes of action or liabilities arising under Title
VII of the Civil Rights Act of 1964,as amended;the Civil Rights Act of
1991,as amended;Sections 1981 and 1983 ofthe Civil Rights Act of 1866;
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the Age Discrimination in Employment Act of 1967,29 U.S.C.§§621,el
seq.;the Rehabilitation Act of 1973,29 U.S.C.§701 et seq.;the Americans
with Disabilities Act;the Employee Retirement Income Security Act;the
Family Medical and Leave Act;COBRA provisions under ERISA and the
Internal Revenue Code;the Illinois Human Rights Act;the Illinois Public
Labor Relations Act;the Illinois Wage Payment and Collection Act;the
Illinois Public Employee Disability Act, 5 ILCS 345 et seq.; the Public
Safety Employee Benefits Act,829 ILCS 320 et seq.;and/or any other claim
whatsoever,arising out of or relating to KELLY'Ss employment with the
VILLAGE and/or any other occurrence to the date of this Agreement and/or
• any and all claims,actions,causes of action or liabilities arising under any
and all other federal,state,or local municipal statutes,laws,constitutions,
ordinances,executive orders and/or regulations;and/or
• any and all claims,actions,causes of action or liabilities asserting the
VILLAGE has violated its personnel policies,handbooks or any covenant
of good faith and fair dealing or any express or implied contract of
employment between KELLY and the VILLAGE;
• any and all claims, actions, causes of action or liabilities asserting the
VILLAGE violated public policy or common law,including but not limited
to claims for: personal injury; invasion of privacy; whistleblowing;
retaliatory discharge;negligent hiring,retention or supervision;defamation;
intentional, reckless or negligent infliction of emotional distress and/or
mental anguish;intentional interference with contract;invasion ofprivacy'
appropriation of likeness; negligence; detrimental reliance; loss of
consortium to KELLY or any member of KELLY'Ss family, and/or
promissory estoppel;and/or
• any and all claims, grievances, actions, causes of action or liabilities
asserting the VILLAGE has violated its personnel policies, collective
bargaining agreements,handbooks or any covenant of good faith and fair
dealing or any express or implied contract of employment between KELLY
and the VILLAGE,KELLY forever releases the VILLAGE for any claims
that he is owed or he will receive any form of compensation or benefits
under any such instruments;and/or
• any and claims, actions, causes of action or liabilities asserting the
VILLAGE is in any way obligated for any reason to pay KELLY any
damages, expenses, litigation costs (including attorneys lees), wages,
bonuses,overtime,disability or other benefits,vacation pay and sick pay,
compensatory damages,punitive damages,and/or interest.
KELLY specifically waives any right, entitlement or claim for the payment of health
insurance benefits by the VILLAGE pursuant to the Public Safety Employee Benefits Act
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("PSEBA"),820 ILCS 320/1 et seq.The parties further mutually agree that neither will use,cite,
or rely upon this agreement or any decision entered by the VILLAGE of Oak Brook Firefighters'
Pension Fund awarding a disability pension for any other purposes and the Pension Fund's
decision and this Agreement will not be admissible in any other proceeding based on legal
argument such as res judicata, collateral estoppel and the like. However, either party may
introduce this Agreement in a subsequent proceeding in order to enforce its terms against the other.
To that end,the ViLLAGE may introduce this Agreement in a subsequent proceeding in order to
establish KELLY'Ss agreement to refrain from using,citing,or relying upon any subsequent award
of a disability pension by the Board,for purposes of seeking alternative benefits based on legal
arguments such as res judicata,collateral estoppel and similar common law doctrines.The parties
specifically authorize use of this Settlement Agreement in any future administrative or court
proceeding in order to enforce its terms and prevent either party from claiming through the terms
of this Agreement as evidence under the doctrines of res judicata,collateral estoppel or any other
similar common law or statutory doctrines.
KELLY further agrees that he has no reinstatement fights and that he will not seek or accept
future employment or reinstatement by the VILLAGE.
The ViLLAGE also waives,releases and forever discharges KELLY from any and all
known or unknown actions,causes of action,claims or liabilities of any kind which have been or
could be asserted against the KELLY arising up to and including the date the VILLAGE sips this
Agreement
3. Claims Excluded from Release. Excluded from the Release in paragraph 2 above
are Applicant's Applications for Adjustment of Claim filed under the Illinois Workers'
Compensation Act,Case No.20 WC 29081.Further,this release also excludes any claims that
cannot be waived by law, including the right to file a charge of discrimination with an
administrative agency. KELLY is waiving, however, any right to any monetary recovery in
connection with such a charge.Paragraph 3 also does not preclude KELLY from enforcing the
terms of this Agreement.
4. Additional Employee Acknowledgments. In further consideration of the
promises made by KELLY in this Agreement, KELLY specifically waives and releases the
VILLAGE from all claims or rights that he might have as of the date he signs this Agreement
arising under the Age Discrimination in Employment Act of 1967,29 U.S.C.§621 et seq. KELLY
further agrees that:
(a) His waiver of rights under this Agreement is knowing and voluntary and in
compliance with the Older Workers Benefit Protection Act of 1990;
(b) He understands the terns of this Agreement;
(c) The consideration provided in this Agreement,which represents a benefit
over and above that to which he otherwise would be entitled, that the
consideration would not have been provided had he not signed this
Agreement,and that the consideration is in exchange for the signing of this
Agreement;
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(d) The Village is hereby advising him to consult with an attorney prior to
executing this Agreement;
(e) The Village is giving him a period of twenty-one(2 1)days within which to
consider this Agreement;
(f) Following the execution of this Agreement,KELLY has seven(7)calendar
days in which to revoke this A6eement by written notice. If he wants to
revoke the Agreement, he should deliver a written revocation to Kathy
Vonachen,HR Director/Deputy Clerk at Village of Oak Brook, 120 Oak
Brook Road,Oak Brook,IL 60523.
(g) If KELLY revokes the agreement,this entire Agreement shall be void and
of no force and effect and any benefits conferred pursuant to Paragraphs 3
will cease;and
(h) If he chooses not to revoke,this Agreement shall then become effective and
enforceable.
5. Confidentiality. To the extent permissible by law, specifically, the Illinois
Freedom of Information Act and the Illinois Open Meeting Act,the parties agree that the terms of
this Agreement,the discussions that led to its creation and execution,and the claims,allegations,
and disputes that are being resolved by the Agreement are to remain strictly confidential and shall
not be disclosed or communicated to any person,unless disclosure is required by law or a court
order. KELLY may, however, disclose the terms of this Agreement to his attomey(s), tax
advisor(s), and immediate family members, who must maintain the confidentiality of this
Agreement. If inquiries arise from a person other than those listed above concerning this
Agreement or KELLY's dispute with the VILLAGE,KELLY and the VILLAGE will simply state
that"the matter has been resolved"and will make no other comment.
6. Non-Admissions.The fact and terms of this Agreement are not an admission by
either party of the legal or factual position taken by the other party and both parties acknowledge
that the terns of this Agreement shall not be used in any future legal proceeding as described
above.Further,the VILLAGE does not concede or agree that KELLY is entitled to a disability
pension at all.
7. Indemnification and Hold Harmless. KELLY agrees to indemnify and hold
harmless the VILLAGE from and against any and all claims, demands, actions, complaints,
lawsuits, or other forms of liability (monetary or otherwise), including settlement and fees,
incurred by the VILLAGE arising out of or related to the eligibility of any of KELLY's spouse or
children(natural or adopted)to receive PSEBA benefits.This indemnification and hold harmless
obligation extends to any of KELLY's current spouse or children,as well as future spouses or
children who have not yet been married,born or adopted.
8. Entire Agreement and Severability.The parties agree that this Agreement shall
be construed in accordance with the laws,including the law of conflict,of the State of Illinois.
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Furthermore, this Agreement constitutes the complete understanding between KELLY and the
VILLAGE. No other promises or agreements, either express or implied,shall be binding unless in
writing and signed by the parties.
READ CAREFULLY,THIS DOCUMENT CONTAINS
A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS
SEAN KELLY VILLAGE OF OAK BROOK
Date: `f Z Date: Z Z
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