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Res 2006-046
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Res 2006-046
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8/7/2006 2:15:48 PM
Creation date
8/7/2006 2:15:40 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-46
Date
3/7/2006
Volume Book
166
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<br />I <br /> <br />I <br /> <br />I <br /> <br />198. <br /> <br />AGREEMENT <br /> <br />This Agreement is entered into between Ross Allegro ("Employee") and the City of San <br />Marcos ("City"). The Employee and the City agree as follows: <br /> <br />1. Termination. The Employee agrees to submit a letter of resignation effective as of May <br />31,2006 (the "Resignation Date"). Employee's employment with the City as Municipal Court <br />Judge will end as of the Resignation Date. <br /> <br />2. Payments to Emolovee. The City agrees to pay the Employee, in addition to salary <br />through the Resignation Date, A) six months salary, and B) the Employee's accrued and unused <br />vacation leave, sick leave (not to exceed 60 days), floating holiday leave, and personal leave time <br />as of the Resignation Date. <br /> <br />3. By signing this Agreement, the Employee agrees to the following: <br /> <br />a. Release and Waiver of Ril!hts. The Employee releases the City and its officers <br />and employees (collectively the "Released Parties") from any and all claims, complaints, <br />liabilities, damages, causes of action, suits, rights, costs, and expenses (including attorneys' fees) <br />of any nature relating to the Employee's employment with the City or to his resignation from <br />employment with the City arising under federal, state or local law. <br /> <br />b. Covenant Not to Sue. The Employee agrees that he will not bring any legal <br />action against the Released Parties for any claim waived under this Agreement. <br /> <br />c. ADEA Claims. The claims waived and discharged and the covenant not to sue in <br />this Section 3 of the Agreement do not include claims under the Age Discrimination in <br />Employment Act (ADEA); such claims are covered in Section 4 below. <br /> <br />4. Release and Waiver and Covenant Not to Sue Under the ADEA. By signing this <br />Agreement, the Employee agrees to the following: <br /> <br />a. Release and Waiver of Ril!hts. The Employee irrevocably and unconditionally <br />releases the City and the other Released Parties from any and all claims, complaints, liabilities, <br />damages, causes of action, suits, rights, costs, and expenses (including attorneys' fees) from any <br />and all age discrimination and/or retaliation claims under the ADEA. <br /> <br />b. Covenant Not to Sue. Employee agrees that he will not bring any legal action <br />against the Released Parties for any claim under the ADEA which existed prior to the time he <br />signed this Agreement; however, this provision does not prohibit Employee from filing a lawsuit <br />for the sole purpose of enforcing his rights under this Agreement, from enforcing rights which <br />may arise subsequent to his signing this Agreement, from enforcing or securing any rights which <br />may arise subsequent to his signing this Agreement, or from enforcing or securing any rights <br />provided him under the ADEA which may not be legally waived. <br /> <br />1 <br />
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