Jimmy V. Phillips 5/14/2021 - Laserfiche WebLink

SETTLEMENT AND RELEASE AGREEMENT THIS AGREEMENT is made and entered into this 4thday of May 2021,by and between the City of Everett(the"City"), a local government entity, and Jimmy V. Phillips("Mr. Phillips"). RECITALS: WHEREAS,Mr. Phillips was employed by the City's police department in the position of lieutenant; and WHEREAS, on February 10, 2016,the City terminated Mr. Phillips' employment;and WHEREAS,Mr. Phillips filed a lawsuit against the City for alleged disability discrimination arising from his termination and the City's decision not to re-hire him in two non-commissioned positions in its police department; and WHEREAS,Mr. Phillips also filed a lawsuit against the City for alleged violations of RCW 42.56.010, et seq.; and WHEREAS,Mr. Phillips is represented by Sean Phelan,Esq. of Frank Freed Subit&Thomas, LLP; and WHEREAS,at a mediation on May 4,2021,Mr. Phillips and the City have agreed to settle and compromise any claims Mr. Phillips has against the City; and WHEREAS,Mr. Phillips acknowledges that this agreement is subject to approval by a majority of the city council in an open public meeting,and if such approval is not given,the agreement is null and void; and NOW THEREFORE,Mr. Phillips and the City mutually agree as follows: TERMS: 1. The sum of eighty-nine thousand dollars($89,000.00)(hereinafter, "Total Settlement Amount")shall be paid to Mr. Phillips if he signs this Agreement. Mr. Phillips agrees that payment of the$79,000 for general damages shall be made by check payable to"Trust Account of Frank Freed Subit&Thomas LLP in trust for Jimmy V. Phillips"and delivered to Sean Phelan, Esq. within fourteen(14)calendar days of the City Council's approval of this settlement agreement. In addition to the $79,000 in general damages,the sum of$10,000 shall be payable as wages to Mr. Phillips, subject to federal withholdings at the regular rate of 22%. 2. Chief Dan Templeman will provide Mr. Phillips with a retired officer identification card. 3. Mr. Phillips will submit a letter of retirement to the City stating that his retirement is effective February 10,2016. The City will place the letter of retirement in Mr. Phillips' personnel file. 4. The City will attach to the Notice of Termination a memo to the file from Chief Templeman that states as follows: In recognition of Jim Phillips' years of public service,and upon SETTLEMENT AND RELEASE AGREEMENT Page 1 of 3 4368460555744406x