Jerry Remillard has signed an agreement with the Town of Brattleboro to end his 36 year employment with Brattleboro on June 30, 2007. His medical leave of absence is expected to continue through June 30, 2007 unless his physician releases him and allows him to return to work. If that happens, Jerry can use accrued leave or take time without compensation and remain off duty.
He will be paid $15,000 per year for five years (through July 2011) for a total of $75,000 "in consideration of the Release."
The full text of the agreement is below the fold:
"AGREEMENT
The Parties to this Agreement are the Town of Brattleboro (“Town”) and Town Manager Jerry Remillard (“Employee”). The Parties enter into this agreement to resolve and clarify issues pertaining to the management of the Town and Employee’s employment status as a result of Employee’s current medical status.
Recitations of the Parties:
Whereas Employee has been employed by Town for thirty-six years in a variety of capacities, including employment as Town Manager for the past eleven years; and
Whereas Employee has given good and valuable service to the Town during the course of
his employment; and
Whereas, Employee and Town are parties to an employment agreement whereby Town employs Employee as its Town Manager; and
Whereas, Employee is currently medically unable to perform the duties of Town Manager; and
Whereas, Employee has accrued sick leave and other paid leave which he has earned over the course of his employment with the Town which he is eligible to use to cover his absence; and
Whereas, Employee and Town both recognize the importance of the Town Manager to the successful operation and management of the Town; and
Whereas, Employee’s ability to return to his position as Town Manager in the future is uncertain at this time due to his medical condition;
Now, therefore, Employee and Town make the following agreements to further their mutual goals and objectives.
The Parties agree as follows:
1. Employee hereby submits his resignation as Town Manager effective June 30, 2007. Employee specifically agrees that the Town may actively recruit for and appoint a successor Town Manager prior to June 30, 2007, or at any other time, in its sole discretion.
2. Town agrees that Employee shall be placed on a medical leave of absence which shall continue through June 30, 2007 unless Employee recovers and is released by his physician to return work prior to June 30, 2007; in such instance Employee agrees that he shall not return to active duty with the Town and shall cover any remaining period of absence with accrued leave in accordance with the Town Personnel Policy. Town acknowledges that during his medical leave of absence Employee is eligible to utilize accrued sick leave or other accrued paid leave during his medical leave of absence in accordance with the provisions of the Town personnel policy. Town agrees that Employee’s medical leave of absence may continue through June 30, 2007, without pay, in the event Employee remains medically unable to work and exhausts his paid leave.
3. Employee’s employment with Town shall cease on June 30, 2007, and Town shall make the following payments to Employee in consideration of the Release to be provided to Town by Employee which is incorporated herein and attached to this
Agreement as Exhibit 1:
a. July 2007: Fifteen thousand dollars ($15,000);
b. July 2008: Fifteen thousand dollars ($15,000);
c. July 2009: Fifteen thousand dollars ($15,000);
d. July 2010: Fifteen thousand dollars ($15,000);
e. July 2011: Fifteen thousand dollars ($15,000);
Town and Employee agree that the above referenced payments shall be made to Employee without any withholding. Employee agrees that he will be solely responsible for the payment of any state or federal income taxes, FICA, Medicare or any other payments which may be required as a result of the above payments. Employee agrees, in further consideration of the payments set forth herein, that he will not apply for employment with the Town of Brattleboro.
4. The Parties agree that they have entered into this Agreement of their own free will, and for the purpose of resolving any and all issues, claims or potential claims related to Employee’s employment with the Town. The Parties agree that in so doing neither Party admits any fault, liability or wrongdoing whatsoever.
5. In accordance with the provisions of the Age Discrimination in Employment Act (“ADEA”), Employee acknowledges that he has been given up to twenty-one (21) days in which to consider this Agreement, and that after executing the Agreement he shall have seven (7) days in which to revoke his consent to the Agreement. Employee acknowledges that Town has advised him to consult with an attorney,
at his own expense, prior to making a decision about executing this Agreement. Employee may elect to execute the Agreement prior to the expiration of the twenty-one day period, or to execute th Agreement without consulting with an attorney, at his discretion.
6. The Parties agree that, notwithstanding the terms of the Release attached as Exhibit 1, the Town's duty to indemnify and defend Employee from any pending or future claim of liability arising from alleged acts or omissions of Employee within the scope of his emplyment as Town Manager shall continue, and are not subject to this Release. In addition, Emplyee does not Release his right to enforce any provision of this Agreement.
7. The Parties agree that this Agreement shall be governed by the laws of the State of Vermont.
For: Town of Brattleboro
Stephen A Steidle, March 1, 2007
For: Jerry Remillard
By: Jerry Remillard, March 1, 2007"