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HomeMy WebLinkAboutCSEA - Labor Agreement Landfill J ctY~nj')u J-11~tJiJ1{ Agreement by and between the Town of Southold and Daniel P. Welch. WHEREAS, Danicl P. Wclch was appointed to a probationary appointment by the Town, effective May 26, 2006, in the job titlc of scale operator; and WHEREAS, during his probationary pcriod Welch has been excessively absent from work, has failed to properly notify thc Town of sevcral absences and latencss and caused the scale at the transfer station to open late for the public; and WHEREAS, the Town has informed Welch that its intent IS to terminate his probationary appointment; and WHEREAS, Welch has requested that the Town not terminate his employment and has agreed to extcnd his probationary period; and WHEREAS, the Town has no legal or other obligation to agree to such a request, but is willing to do so in this instance; and NOW, THEREFORE, in lieu of the Town terminating Welch, the parties agree as follows: I. Welch agrees that his probationary period, now due to expire on Novcmber 26,2006 shall be extended for a six month period, and shall now expire on May 26,2007 2. During this extended probationary period, Welch hereby waives any and all rights he might otherwise havc pursuant to any applicable law, including but not limited to Civil Service Law 9 75, rule or regulation, to a disciplinary hearing and any and all other related procedural and substantive rights, to which he might otherwise be entitled rclating to discipline and/or the termination of his cmployment. Welch further agrees that thc Town's dccision to discipline Welch, including termination, during this extended probationary period shall not be reviewable for any reason by a court, arbitrator, administrative agency or any other third party. 3. Welch freely relinquishes, releases and waives all possible claims and causes of action against the Town that pertain to him, up through and including the date of the complete execution, ratification and approval of this Agrecmcnt. This includes, but is not limited to, claims undcr any other federal, state and local laws, rules, policies, regulations, collective bargaining agreements and contracts, and any common law claims, including, but not limited to, any claim of breach of contract, intentional or negligent infliction of emotional distress, or any other tort, common law or contract claim. This -1- waiver and release includes all claims now known to Welch, as well as all possible claims that arc not now known to him, up through and including the date of the complete execution, ratification and approval of this Agreement. 4. Welch acknowledges that he is and has been represented by counsel throughout the negotiations of this Agreement. Welch certifies that he has carefully reviewed this Agreement and fully understands each and every word and its meaning and full effect, including the release of claims in the preceding paragraph. 5. Welch's assent to this Agreement has not been rushed in any way. I-Ie certifies that he has voluntarily entered into this Agreement. Welch acknowledges that neither the Town nor any of the Town's agents, representatives, employees or attomeys has made any representations concerning the tenus or effect of this Agreement other than those contained herein. Welch confirms that he does not rely in any way upon any belief he may have that such representations have been made. 6. This Agreement is made and entered into in the State of New York and shall be in all respects interpreted, enforced and governed under the laws of New York State; the language of all parts of this Agreement shall be in all cases construed as a whole according to its fair meaning and not strictly for or against any of the parties even though one of the parties may have drafted it. 7. This Agreement constitutes the entire agreement between the Town and Welch. No other promises have been made. This Agreement, including this paragraph, may only be modified by a written agreement executed by both patiies. 8. This Agreement is subject to approval by the Town Board. In the event that the Board does not approve this Agreement, then it shall become null and void and no adverse inference shall be drawn against either patty by virtue of its having entered into the Agreement. DANIEL P. WELCH uJ/?/V4 ~~h .//1' .~/ Thomas Skabry, C EA Representative ;J t'/V61l~ dl ') BDiO / -2- RESOLUTION 2006-907 ADOPTED DOC In: 2315 THIS IS TO O:RTIFY THAT THE FOLLOWING RI<~SOLUTION NO. 2006-907 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTH OLD TOWN BOARD ON NOVEMBER 21, 2006: RESOLVED that the Town Board of the Town of SouthoJd hereby approves the settlement al!reement with a Town emplovee dated November 21, 2006. f'~(lq-,"U. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTEJ> IUNANIMOUSI MOVER: Louisa P. Evans, Justice SECONJ>ER:Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.