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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; ;00656762.DOCX v.?; I 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 49N,56762.1XX',X .3 1 2 ("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; :(KX,$4,7A1IXX'X v.3; 3 (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. ((H)6$6762.DOCx r.3 1 4 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 ;IN16567b2JXK'X v.3 1 5