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HomeMy WebLinkAboutResolutions - 2020.12.07 - 33988MISCELLANEOUS RESOLUTION #20660 December 7, 2020 BY: Commissioner Helaine Zack, Chairperson, Finance & Infrastructure Committee IN RE: HUMAN RESOURCES — IMPLEMENTATION OF A VOLUNTARY EARLY SEPARATION INCENTIVE PROGRAM (VESIP) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 1994, 2003 and 2008, the Board of Commissioners approved voluntary retirement and separation incentives to eligible employees in an effort to reduce operational costs; and WHEREAS Oakland County currently has approximately 400 employees eligible to retire; and WHEREAS over the next five (5) years, approximately 900 employees will be eligible to retire; and WHEREAS the County may have employees with health or work/life balance reasons that may prefer not to return to work as a result of the COVID-19 pandemic; and WHEREAS the County Executive is recommending a voluntary separation incentive to retire or separate from the County; to build on the opportunities provided in the previous incentives; and WHEREAS the incentive will provide a lump sum payment of one (1) week of base salary — to a maximum of 26 weeks - for each full year of retirement service as of the date of separation, and WHEREAS the period of application for this incentive would be January 2, 2021 to March 30, 2021; and WHEREAS it is proposed to offer this incentive to all full-time eligible (FTE) employees whether or not the employee is or will be eligible to retire during the application period; and WHEREAS it is proposed to allow County departments to determine a separation date that is up to two (2) years from the date of the signed employee agreement, to allow time for hiring, training or other actions necessary to ensure a smooth transition; and WHEREAS the cost of the program is variable, depending on the rate of acceptance by eligible employees. A calculation of the average of multiple acceptance scenarios indicates a one-time expense of $4,000,000 to $12,500,000; and WHEREAS this incentive will realize a potential savings of $3,600,000 to $12,000,000 annually, depending on factors such as the replacement rate of employees; and WHEREAS a reduction in its workforce through voluntary means aids in the fulfillment of Oakland County's long-range plan of maintaining a balanced budget without the use of fund balance; and WHEREAS this incentive will accelerate cost reductions annually, providing increased flexibility to fund priorities in the budget, including compensation increases, needed capital improvement projects, and enhancements to programs that assist the residents of Oakland County; and WHEREAS this will also enable the County to prepare a workforce for the future that is competitive and reflective of the diversity of Oakland County; and WHEREAS the County Executive Administration will work with each union to approve Letters of Understanding; and WHEREAS the proposed VESIP plan is attached for reference herein; and WHEREAS the one-time incentive payment will be paid from an appropriation from General Fund equity to be included within a subsequent quarterly forecast resolution once the amount has been determined. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves a voluntary separation and retirement incentive to provide a lump sum payment of one (1) week of base salary, up to a maximum of 26 weeks, for each full year of retirement service. BE IT FURTHER RESOLVED that the voluntary incentive has the following stipulations: • Eligible to all FTE non -elected, non -represented and represented employees, • Retirement service will be calculated through the employee's date of separation, • Applications for this incentive will be accepted from January 2, 2021, to March 30, 2021, • Employees will be required to sign a Separation Agreement, • Departments can set the date of separation up to two (2) years from the signed Separation Agreement. BE IT FURTHER RESOLVED that the Deputy County Executive responsible for oversight of the Human Resources Department is authorized to sign any Letter of Understanding with the unions, with the same provisions as set forth by the Separation Agreement. BE IT FURTHER RESOLVED a budget amendment appropriating funds for the costs associated with the implementation of the one-time incentive payment will be included in a subsequent quarterly forecast resolution. The final amount will be determined based on the rate of acceptance by eligible employees Funding for program will be derived from equity in the General Fund Balance. Chairperson, on behalf of the Finance & Infrastructure Committee, I move the adoption of the foregoing resolution Commissioner Helaine Zack, District #18 Chairperson, Finance & Infrastructure Committee FINANCE AND INFRASTRUCTURE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. OAKLAND COUNTY EXECUTIVE DAVID COULTER April Lynch, Deputy County Executive TO: Helaine Zack, Chairperson Finance Committee Chairman David Woodward Board of Commissioners FROM: April M. Lynch, Deputy County Executive DATE: November 12, 2020 RE: Implementation of a Separation and Retirement Incentive Summary and Background The County has over 900 employees eligible for retirement over the next five years Over 400 employees are currently eligible. The Administration is recommending a separation incentive to provide the opportunity for employees to retire or separate their employment with the County. This builds on previous opportunities provided by Oakland County including in 1994, 2003 and 2008. This initiative is important for several reasons: • The program allows us to recognize the long-standing careers of Oakland County employees. • Given COVID-19, we have employees who may for health reasons or work/life balance reasons prefer not to be working during the pandemic. • The reduction of our workforce through voluntary means will help our long-range plans of providing a balanced budget without the use of fund balance. • It will also enable us to implement the updated compensation plan. • Finally, it will enable us to prepare a workforce for the future; one that is competitive, nimble and reflective of the diversity of our county. The Administration is recommending that employees will receive one week of salary for every year they have worked for the County up to 26 Weeks. All employees are eligible, and they do not need to be eligible to retire to receive this incentive. Some notable provisions in the agreement are as follows: • Employees can apply for the incentive from January 2, 2021 to March 30, 2021 • All employees are eligible (we will work with each union with Letters of Understanding) Departments can determine a separation date that is up to two years from the time the employee signs the agreement. (This will allow time for hiring, training and any transitions that are necessary to ensure a smooth transition) We anticipate that the total cost of the program will vary based on how many employees take the incentive and how many positions are vacated. Attached shows the costs of the program and the potential savings by not filling all the vacated positions, with multiple scenarios. On average the implementation of the program will range from $4,000,000 to $12,150,000, however, the cost savings of not filling the position or the time it takes to fill a position will realize a savings of $3,600,000 to $12,000,000 per year depending on the replacement rate of employees. I have attached a summary. 2100 Pontiac Lake Road I L. Brooks Patterson Building 41 W I Waterford, MI 48328 1 Fax (248) 452-9172 1 OakGov.com By providing this incentive we will accelerate the savings to the budget as well as future budgets allowing us to fund an increase in compensation, new capital projects and new programs to assist the residents we service It is recommended that the Oakland County Board of Commissioners approve this request and make it effective from January 2, 2021 - March 30, 2021. Attached Board will find the formal resolution and the Separation Agreement that each employee would have to sign to be eligible. It is also recommended that Board of Commissioners authorize Deputy County Executive April Lynch to sign any Letters of Understanding with the unions with the same provisions as set forth by the Separation Agreement. 2100 Pontiac Lake Road I County Executive Building 41 W I Waterford, MI 48328 1 Fax (248) 452-9172 1 CakGov corn Voluntary Employee Separation Incentive Program (VESIP) Funding Analysis 25% Acceptance Hate 50% replacement rate at average $60,000 replacement salary • Starts with 337 GFGP employees ends at 308 _ Incentive Cost 04 048 968 Net Savings Cumulative Savings (465,004) (465,004) 31613,988 3,634,818 3,645.149 - - ---_ ._3,643,672 --- - 3,148.984 61783,802 10.428.951 14,072,623 5€ % Acceptance Rate 50% replacement rate at average $60,000 replacement salary Starts with 337 GFGP employees ends at 278 --- — .r; ,.,k�,r>_].,:.'MUY�r ,a"'��;'i rr ,z.�y�c�:;�, _ •.S-F`• -"<.L ':'g'p�,+�y" -�•.. -- . s -�..-_., i_ <_µr� �s.�o�.°..,?.,..�'za �x...".,,.�v..vr...,.��Y,w..s'�.a4"_'.�i_..i^J.i �i�H.!.'-='���uu,. Incentive Cost S8 097 936 Net Savings (930,01fl) 7.227,975 7,269,636 7,290,297 Cumulative Savings (930,010) 6.297,965 13,567,601 20,857,898 ref , 50% replacement rate at average $50,000 replacement salary Starts with 337 GFGP employees ends at 250 Incentive Cost S12.146.903 Net Savings (1.395.913) 10.841.963 10.904.455 10.935.447 Cumulative Savings (1,395.013) 9,446.950 20.3513405 31,286.852 7.287,344 28,145,242 10,931 016 _ 42,217,868 2020 VOLUNTARY EARLY SEPARATION INCENTIVE PROGRAM (VESIP) VESIP DESCRIPTION Oakland County hereby announces the 2020 voluntary early separation incentive program (VESIP). This VESIP is open to all County employees who meet the eligibility standards detailed below, and who otherwise fulfill the terms required for receiving benefits under the VESIP. The VESIP will be administered in compliance with all legal requirements, including but not limited to the federal Age Discrimination in Employment Act, 29 USC Section 621 et seq. (as amended by the Older Workers' Benefit Protection Act), the Internal Revenue Code and Michigan's Elliott -Larsen Civil Rights Act. The key components of the VESIP are as follows: 1. To participate in the VESIP, an Eligible Employee (defined in section 2, below) must resign under the terms of the VESIP and enter into a Separation Agreement and Release between the County and the Eligible Employee. Eligible Employees participating in the VESIP ("Participants") will receive a severance allowance equal to one week of base weekly pay multiplied by the Eligible Employee's completed years of retirement Credited Service as a full-time County employee as of their separation date, less applicable taxes and other required withholdings. These payments will constitute a Severance Allowance and shall be remitted to the Participant in a lump sum payment, commencing as soon as administratively possible following the Eligible Employee's separation date under the VESIP. 2. An Employee is an Eligible Employee for purposes of the VESIP if the Employee is an active employee of the County as of November 1, 2020 that has been a full-time employee of the County for a minimum of twelve full months (measured from employment anniversary date to anniversary date). Elected Officials and part-time employees are not eligible to participate in the VESIP. 3. The Eligible Employee's election to participate in the VESIP must be properly completed and submitted to the County before March 30, 2021. The Eligible Employee must elect to separate from employment with the County on or before May 1, 2021. The election shall be made by submitting a signed copy of the attached Separation Agreement and Release (attached to this VESIP Description as Attachment A) to the County's Human Resources Department after January 2, 2021 and on or before 4:00 p.m. on March 30, 2021. No Employee may elect to participate in the 2020 VESIP after 4:00 p.m. on March 30, 2021. 4. The County reserves the right to extend the separation date of an individual by up to two years beyond May 1, 2021, in the event the County determines in its sole discretion that this is necessary to help ensure adequate staffing. If the County exercises this right it will do so in a nondiscriminatory manner, and it will provide as much advance notice of the new separation date and any subsequent changes to that date as is feasible under the circumstances. In order to be valid, extensions beyond May 1, 2021 must also be reviewed and agreed upon by County Executive Administration and the Employee. 5. Each Eligible Employee will receive a list indicating the number of Eligible Employees by age and job classification, as well as the number of employees by age and job classification who are ineligible for participation in the VESIP. 6. The terms of this VESIP, and its administration, shall not be subject to any grievance procedure set forth in any collective bargaining agreement between any union representing County employees and the County and/or any other appeal available under the Merit System Rules. 7. The Separation Agreement and Release contains a release of claims the Eligible Employee may have against the County. Individuals should be sure that they read and understand the terms of the Separation Agreement and Release before signing it. 8. Once a final Separation Agreement and Release has been signed by both parties and the seven (7) day period for revocation has passed, the Eligible Employee cannot change his or her election to resign. A resignation by the Eligible Employee prior to the resignation or the termination of the Eligible Employee for cause prior to the resignation date will render the individual in violation of the Separation Agreement and Release, and as a result, no Severance Allowance will be payable. 9. A final Release must be signed on the Eligible Employee's separation date. Effective: November 18, 2020 SEPARATION AGREEMENT AND RELEASE (FOR PARTICIPATION IN 2020 EARLY SEPARATION INCENTIVE PROGRAM) I (the "Employee"), an active full-time employee of the County (the "County"), hereby voluntarily submits his or her notice to resign as an employee of the County effective , 2021, pursuant to the terms of the 2020 voluntary early retirement incentive program ("VESIP"). Those terms are stated in the VESIP Description dated November 18, 2020, and are incorporated into this Separation Agreement and Release ("Agreement") by reference. In order to be effective, Employee's eligibility for the benefits under the VESIP must first be confirmed and agreed to by the County, and Employee's resignation accepted by the County, by the execution of this Agreement by the County below. SEVERANCE ALLOWANCE: In exchange for Employee's resignation as described above, and Employee's other agreements contained in this Agreement and the Final Release, the Employee will receive a Severance Allowance from the County with payments equal to one week of base pay multiplied by the Employee's years of service as of the separation date, less applicable taxes and other required withholdings. These payments shall be delivered in a lump sum commencing as soon as administratively possible following the Employee's separation date. 2. CONSIDERATION: The payment of the Severance Allowance ("Consideration") is not otherwise due and owing to the Employee, but is offered to the Employee in exchange for the Employee's promises and commitments specified in this Agreement and in the Final Release. 3. COOPERATION: Following Employee's separation date, Employee agrees that he or she will not (a) engage in any action or activity that disparages or criticizes the County or its management or practices or which disrupts or impairs its normal operations or harms the reputation of the County with its employees or the public, or (b) interfere with existing County contractual relationships with employees or other entities. However, nothing herein shall prohibit or restrict the Employee from engaging in any protected speech, conduct, and/or activities as defined by applicable law. This includes but is not limited to speaking on matters of public concern or participating in proceedings initiated by the Equal Employment Opportunity Commission ("EEOC") or any other state or federal agency. Employee agrees to return to the County all County property in his or her possession as of his or her separation date. Employee agrees that, following his or her separation date, Employee will cooperate with the County, at the County's expense, in connection with the prosecution or defense of the County of any legal matters of which the employee may have knowledge or may have been involved while a County employee and as otherwise specified by the indemnification provisions governing the terms and conditions of Employees employment as of the date of separation. Employee further agrees that Employee will give the County notice of any action, proceeding, or claim naming Employee as a responsible party for conduct that arose during the course of Employee's employment with the County. In such cases, Employee must permit the County to assume the defense of any such action at its option. In addition, Employee accepts responsibility for any income taxes that arise from payments under the Separation Agreement and Release. 4. RELEASE: In exchange for the County's promises and the Consideration set forth in this Agreement, the Employee hereby releases and forever discharges the County, the County's Board of Commissioners, and their respective employees, agents, insurers, attorneys, benefit plans and plan fiduciaries, and any other representatives, and each of their respective successors and assigns (collectively, "Released Parties"), separately, together, or in any combination, from any and all claims, suits, charges, grievances or causes of action, damages and liability of any kind (other than agreed upon pay and benefits for services provided on or before the Employee's separation date) related to or arising during Employees employment with the County, prior to the Employee's separation from employment with the County, or otherwise. Employee understands that he/she shall be required to execute a Final Release as of their last day of employment in order to be eligible for the VESIP Separation Allowance if the County notified Employee of a delay of your proposed separation date to a later date due to staffing needs. a. The claims being released by this provision, to the fullest extent allowed by law, include, but are not limited to, any claims of discrimination under federal or state statute (including but not limited to the Age Discrimination in Employment Act, 29 USC Section 621 et seq., as amended by the Older Workers' Benefit Protection Act), breach of express or implied contract, breach of any collective bargaining agreement, violation of any other law (including but not limited to the Family and Medical Leave Act, the Whistleblowers' Protection Act, or the Public Employment Relations Act), or any tort or other claim under common law or legal or equitable theory. b. The only claims that Employee is not waiving and releasing are those concerning the validity of this Agreement, the Consideration that Employee will receive by accepting this Agreement, and any claims that, as a matter of law, cannot be waived or released. Nothing in this provision shall apply to Employee's right to enforce this Agreement. c. Employee acknowledges and agrees that other than the Severance Allowance and Employee's normal pay and benefits (as per merit rule 9.8) for the period from the date Employee signs this Agreement through the Employee's separation date, and Employee's right to employee benefits under the terms of the governing plan documents, Employee is not entitled to any other compensation or remuneration arising out of the termination of Employee's employment. Employee further acknowledges and agrees that, except as provided herein, Employee has been fully and properly paid for hours worked as an Employee of the County, and waives the right to assert 2 any claim to the contrary for arising out of any period of service prior to the Employee's separation from service. d. This release will apply to any Charge of Discrimination regarding any events that occurred up to and including the date of Employee's signing of this Agreement. This Agreement will not prohibit Employee from filing a Charge of Discrimination with the EEOC or any other state or federal agency, but this Agreement includes a waiver of Employee's right to file a lawsuit or to receive any monetary recovery and any other remedies, if the EEOC or any other state or federal agency were to pursue any claims on Employee's behalf. e. Employee acknowledges and agrees that as a condition of this Agreement, Employee must also timely sign and return, an unrevoked Final Release, which will apply to claims from the effective date of this Agreement through the Employee's separation date. The execution of the Final Release is expressly made a requirement of this Agreement. DEADLINES FOR PARTICIPATION IN VESIP BY EMPLOYEE, AND FOR REVOCATION OF AGREEMENT BY EMPLOYEE; EFFECTIVE DATE: The Employee's right to the Severance Allowance is conditioned on this Agreement being signed and submitted by the Employee to the County's Human Resources Office on or before 4:00 p.m. on March 30, 2021, and the County thereafter concluding that the Employee is thereby entitled to participate in the VESIP (as described above). Employee will have had at least forty-five (45) days to consider the terms of this Agreement and to decide whether to accept and sign it. Employee will have had, as this Agreement hereby informs Employee, the right and opportunity to consult with an attorney of Employee's choice, at Employee's expense, before signing this Agreement. Employee and the County agree that no change to this Agreement, material or immaterial, will have started a new forty-five (45) day period. This Agreement (and the obligation to pay the Severance Allowance) shall only become effective if this Agreement is also subsequently signed by the County and the Employee does not revoke this Agreement within 7 calendar days thereafter. This Agreement, and the general release of all claims, shall not become effective, enforceable, or binding until this seven (7) day revocation period expires. If the Employee wishes to revoke this Agreement, then that revocation must be clearly stated by a signed, written notice provided to the County's Human Resources Department received within seven (7) calendar days after the County has signed this Agreement and/or notified Employee that the date of separation must be delayed to facilitate staffing needs. A revocation must be either hand delivered to Human Resources or postmarked and addressed to the County at: Oakland County Human Resources Department Employee Records Unit 2100 Pontiac Lake Road Waterford, MI 48328 Revocations may also be faxed to the County at (248) 858-8791, or emailed to: Hr-recordsna.oakaov.com. If revocation is made by regular mail, the use of certified mail is recommended to show proof of mailing. VOLUNTARY PARTICIPATION: The Employee hereby acknowledges that the Employee has submitted the above resignation knowingly and voluntarily, on his/her own free will, which means that no one is forcing or coercing Employee to sign it, and for valuable Consideration being provided to the Employee. 7. ACKNOWLEDGEMENT OF ADDITIONAL CONSIDERATION, AND NON - WAIVER OF OTHER SEVERANCE BENEFITS: Employee further understands that this Severance Allowance is in addition to/above and beyond any payments or benefits to which the Employee would be entitled to receive without agreeing to the terms of this Agreement. It is understood, however, that nothing in this Agreement shall be construed as denying the Employee any right to any benefits or payments to which the Employee would be entitled to receive as an employee who separates from employment with the County under its normal policies and procedures. Employee's right to a Severance Allowance under the VESIP is solely controlled by this Agreement and the Final Release. 8. WAIVER OF FUTURE EMPLOYMENT: As a part of this Agreement, the Employee waives any right to future employment by the County in any capacity, and that the County's failure to reemploy him/her may be made solely in reliance on this understanding. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Employee and the County with respect to the subject(s) of this Agreement, and the Employee agrees that, other than with respect to the Employee's individual employment agreement which he or she may have with the County, there are no other agreements between the Employee and the County. The Employee further agrees that any future agreements between them must be in writing and signed by both parties in order to be effective. 10. CONTROLLING LAW: This Agreement shall be construed under Michigan law. Should any provision of this Agreement be determined by a court of competent jurisdiction to be void, that determination shall not affect the enforceability of the remaining provisions of this Agreement. 11. ACKNOWLEDGMENT OF COMPLIANCE WITH FEDERAL REQUIREMENTS: a. By signing this Agreement, the Employee acknowledges that the Employee has received a copy of this Agreement and has had at least forty-five (45) days to consider it before signing it with the understanding that, under the federal Age Discrimination in Employment Act, the Employee is entitled to these forty-five (45) days to consider this Agreement and to consult with an attorney (as the Employee is advised to do) before signing this Agreement. b. By signing this Agreement, the Employee also acknowledges that the Employee has received a list, by job classification and age, of all employees who are and are not eligible for participation in the VESIP. 12. GENERAL: a. The Consideration that Employee will receive under this Agreement is sufficient to form a binding contract and is in full accord and satisfaction of any claims that Employee has, may have, or may have had against any of the Released Parties about anything that occurred before the date when Employee signs this Agreement, including any claims arising out of Employee's employment with the County or the termination of that employment. b. This Agreement will not be used or construed as an admission of liability or wrongdoing by any of the Released Parties. The Released Parties specifically deny that any of them has acted unlawfully, tortiously, or in violation of any employment contract, workplace rule, or collective bargaining agreement toward Employee during Employee's employment or in connection with the termination of that employment or that any of them acted in a manner that was susceptible of inflicting any damages or injury to Employee. c. If Employee alleges any claim under federal, state, or other law that existed or is alleged to have existed and that is released under this Agreement, then the Released Parties may assert this Agreement as a complete bar and defense to that claim, and Employee will reimburse the Released Parties for any expenses and attorney's fees that the Released Parties incur in defending any claim, in addition to any other relief to which the Released Parties may otherwise be entitled. d. Employee has not filed any claims, charges, grievances, or lawsuits against any of the Released Parties that have not been fully resolved or that remain pending as of the date when Employee signs this Agreement. 13. HEADINGS: The headings of the paragraphs in this Agreement are merely for the convenience of the parties and are not intended to state any substantive rights or obligations of the parties to this Agreement. THIS IS A RELEASE — READ BEFORE SIGNING By the signatures below, the Employee and the County agree to and execute this Agreement on the date(s) indicated below as their respective voluntary and knowing acts. AGREED TO: Date of Separation: EMPLOYEE DEPARTMENT HEAD Employee Signature Date County Signature Date If separation date is later than May 1, 2021, must also be approved by County Executive Administration. DEPUTY COUNTY EXECUTIVE Signature Date The County is offering the voluntary early separation incentive program to employees as a part of the reduction of its work force in response to the current business conditions, the current size of its workforce, and future staffing needs. The voluntary early separation incentive program includes consideration in the form of severance pay, as set forth in the 2020 VESIP Separation Agreement and Release. The ages and the job titles of all employees who are eligible to participate in the VESIP are indicated on the attached chart. The Separation Agreement and Release is available for those employees to accept for forty-five days after the receipt of that Separation Agreement and Release. To receive the consideration described in the Separation Agreement and Release, an eligible employee must sign and return the Separation Agreement and Release to the County on or before March 30, 2021 and must not timely revoke the acceptance of that agreement during the seven-day revocation period following the employee's signing of the Separation Agreement and Release. The following is a list of the ages and the job titles of employees who (1) are eligible for the VESIP and offered consideration in exchange for their signing of an agreement that contains a waiver and release of claims and a promise not to sue, and (ii) those who are not eligible for the VESIP. Employees Eligible For Voluntary Separation Program And Offered An Agreement Job Title Employees Not Eligible For Voluntary Separation Program Age Job Title Age [Insert table of employees by age and job title who are eligible, and table for those who are not eligible to participate in the VESIP] 7 FINAL RELEASE (FOR PARTICIPATION IN 2020 EARLY SEPARATION INCENTIVE PROGRAM) (the "Employee"), an active full-time employee of the County (the "County"), previously entered into a SEPARATION AGREEMENT AND RELEASE (FOR PARTICIPATION IN 2020 EARLY SEPARATION INCENTIVE PROGRAM) (the "Agreement") with the County. Under the Agreement, I agreed to resign as an employee of the County pursuant to the terms of the 2020 voluntary early retirement incentive program ("VESIP"), and agreed to enter into this Final Release. 1. RELEASE: In exchange for the County's promises and the Consideration set forth in the Agreement, the Employee hereby releases and forever discharges the County, the County's Board of Commissioners, and their respective employees, agents, insurers, attorneys, benefit plans and plan fiduciaries, and any other representatives, and each of their respective successors and assigns (collectively, "Released Parties"), separately, together, or in any combination, from any and all claims, suits, charges, grievances or causes of action, damages and liability of any kind (other than agreed upon pay and benefits for services provided on or before the Employee's separation date) related to or arising prior to the Employee's employment and those related to or arising prior to the Employee's separation from employment with the County, or otherwise. a. The claims being released by this provision, to the fullest extent allowed by law, include, but are not limited to, any claims of discrimination underfederal or state statute (including but not limited to the Age Discrimination in Employment Act, 29 USC Section 621 et seq., as amended by the Older Workers' Benefit Protection Act), breach of express or implied contract, breach of any collective bargaining agreement, violation of any other law (including but not limited to the Family and Medical Leave Act, the Whistleblowers' Protection Act, or the Public Employment Relations Act), or any tort or other claim under common law or legal or equitable theory. b. The only claims that Employee is not waiving and releasing are those concerning the validity of this Agreement, the Consideration that Employee will receive by accepting this Agreement, and any claims that, as a matter of law, cannot be waived or released. Nothing in this provision shall apply to Employee's right to enforce this Agreement. C. Employee acknowledges and agrees that other than the Severance Allowance and Employee's normal pay and benefits (as per merit rule 9.8) for the period from the date Employee signs this Agreement through the Employee's separation date, and Employee's right to employee benefits under the terms of the governing plan documents, Employee is not entitled to any other compensation or remuneration arising out of the termination of Employee's employment. Employee further acknowledges and agrees that, except as provided herein, Employee has been fully and properly paid for hours worked as an Employee of the County, and waives the right to assert any claim to the contrary for arising out of any period of service prior to the Employee's separation from service. This release will apply to any Charge of Discrimination regarding any events that occurred up to and including the date of Employee's signing of this Agreement. This Agreement will not prohibit Employee from filing a Charge of Discrimination with the EEOC or any other state or federal agency, but this Agreement includes a waiver of Employee's right to file a lawsuit or to receive any monetary recovery and any other remedies, if the EEOC or any other state or federal agency were to pursue any claims on Employee's behalf. DEADLINES FOR PARTICIPATION IN VESIP BY EMPLOYEE, AND FOR REVOCATION OF AGREEMENT BY EMPLOYEE; EFFECTIVE DATE: a. The Employee's right to the Severance Allowance is conditioned on this Final Release being signed and submitted by the Employee to the County's Human Resources Office before 4:30 p.m. on the Employee's Separation Date. DO NOT SIGN THIS FINAL RELEASE BEFORE YOUR Employee will have had at least forty-five (45) days to consider the terms of this Final Release and to decide whether to accept and sign it. Employee will have had, as this Final Release hereby informs Employee, the right and opportunity to consult with an attorney of Employee's choice, at Employee's expense, before signing this Agreement. Employee and the County agree that no change to this Agreement, material or immaterial, will have started a new forty-five (45) day period. b. This Final Release (and the obligation to pay the Severance Allowance) shall only become effective if the Employee does not revoke this Final Release within 7 calendar days thereafter. The Final Release shall not become effective, enforceable or binding until this seven (7) day revocation period has expired. If the Employee wishes to revoke this Final Release, then that revocation must be clearly stated by a signed written notice provided to the County's head of Human Resources received within seven (7) calendar days after the County has received the signed Final Release. A revocation must be either hand delivered to Human Resources or postmarked and addressed to the County at: Oakland County Human Resources Department Employee Records Unit 2100 Pontiac Lake Road Waterford, MI 48328 Revocations may also be faxed to the County at (248) 858-8791, or emailed to: I-Ir-recordsC@,oakciov.com. If revocation is made by regular mail, the use of certified mail is recommended to show proof of mailing. 3. VOLUNTARY PARTICIPATION: The Employee hereby acknowledges that the Employee executed this Final Release knowingly and voluntarily, of his/her own free will, which means that no one is forcing or coercing Employee to sign it, and for valuable Consideration being provided to the Employee. 4. ACKNOWLEDGEMENT OF ADDITIONAL CONSIDERATION, AND NON - WAIVER OF OTHER SEVERANCE BENEFITS: Employee further understands that the Severance Allowance is in addition to/above and beyond any payments or benefits to which the Employee would be entitled to receive without agreeing the terms of this Final Release. It is understood, however, nothing in the Agreement or this Final Release shall be construed as denying the Employee any right to any benefits or payments to which the Employee would be entitled to receive as a terminating employee of the County under its normal policies and procedures. Employee's right to a Severance Allowance under the VESIP is solely controlled by the Agreement and this Final Release. 5. RETURN OF COUNTY PROPERTY: Employee represents that: (1) on or before the Separation Date, Employee returned to the County all County property in Employee's possession or control, including but not limited to, confidential and proprietary information and trade secrets, equipment, records, electronically stored information, forms, tools, specifications, software, hardware, designs, files, papers and other writings related to the County's operations and plans; and (ii) Employee has not retained any copies or duplicates of such property. 6. ENTIRE AGREEMENT: The Agreement and this Final Release constitute the entire agreement between the Employee and the County with respect to the subject(s) of the Agreement and this Final Release, and the Employee agrees that, other than with respect to the Employee's individual employment agreement which he or she may have with the County, there are no other agreements between the Employee and the County. The Employee further agrees that any future agreements between them must be in writing and signed by both parties in order to be effective. 7. CONTROLLING LAW: This Final Release shall be construed under Michigan law. Should any provision of this Final Release be determined by a court of competent jurisdiction to be void, that determination shall not affect the enforceability of the remaining provisions of this Final Release. 8. ACKNOWLEDGMENT OF COMPLIANCE WITH FEDERAL REQUIREMENTS: By signing this Final Release, the Employee acknowledges that the Employee received a copy of this Final Release and had at least forty-five (45) days to consider it before signing it with the understanding that, under the federal Age Discrimination in Employment Act, the Employee is entitled to these forty-five (45) 3 days to consider this Agreement and to consult with an attorney (as the Employee is advised to do) before signing this Final Release, 9. GENERAL: a. This Final Release is an integral part of the Agreement, and the consideration that Employee will receive under the Agreement is sufficient to form a binding contract and is in full accord and satisfaction of any claims that Employee has, may have, or may have had against any of the Released Parties about anything that occurred before the date when Employee signs this Final Release, including any claims arising out of Employee's employment with the County or the termination of that employment. b. This Final Release will not be used or construed as an admission of liability or wrongdoing by any of the Released Parties. The Released Parties specifically deny that any of them has acted unlawfully, tortiously, or in violation of any employment contract or collective bargaining agreement toward Employee during Employee's employment or in connection with the termination of that employment or that any of them acted in a manner that was susceptible of inflicting any damages or injury to Employee. c. If Employee alleges any claim under federal, state, or other law that existed or is alleged to have existed and that is released under this Final Release, then the Released Parties may assert this Final Release as a complete bar and defense to that claim, and Employee will reimburse the Released Parties for any expenses and attorney's fees that the Released Parties incur in defending any claim, in addition to any other relief to which the Released Parties may otherwise be entitled. d. Employee has not filed any claims, charges, grievances, or lawsuits against any of the Released Parties that have not been fully resolved or that remain pending as of the date when Employee signs this Final Release. 10. HEADINGS: The headings of the paragraphs in this Final Release are merely for the convenience of the parties and are not intended to state any substantive rights or obligations of the parties to this Final Release, THIS IS A RELEASE — READ BEFORE SIGNING By the signature below, the Employee agrees executes this Release on the date indicated below, as the Employee's voluntary and knowing act. Date of Separation: EMPLOYEE OAKLAND COUNTY (Witness) Employee Signature Date County Signature Date Resolution #20660 December 7, 2020 Moved by Zack seconded by Jackson the resolution be adopted. AYES: Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, Kowall. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. i HERBYAPPROVETHIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE P-,CTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on December 7, 2020, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan this Th day of December, 2020. vlz'� Lisa Brown, Oakland County