‘CONFIDENTIAL RESIGNATION, WAIVER OF CLAIMS ‘AND RELEASE AGREEMENT. ‘The City of Boulder, a Colorado home rule city, ("City") and John Smiyly (ME. Smyly") enter into this Resignation, Waiver of Claims and Release Agreement as ofthe @P_ day of May, 2019. ‘The City and Mt. Smy/ly are collectively referred to as the “Parties” and each of them individually is referredtoas “Party.” RECITALS ‘The Parties ener into this Agreement considering the following facts and circumstances: A. Mr.Smiylyhas been an employee ofthe Ci inthe Police Department. B, Mr. Smylyis the subject ofan intemal affairs matter which he has the right to contest and -appeal through aebitration pursuant othe terms ofthe collective bargaining agreement between the City of Boulder and the Boulder Police Ofiers Association, ‘C. _Inliev of continuing the disciplinary and arbitration proces, the Parties now wish to end ‘the employment celationship and effect @ complete resolution and settlement of all claims, disputes and contoversies and to resolve their differences and disputes onthe terms set forth in this Agreement. AGREEMENT the Fares agree as follows 1, Resignation from Employment. Mr. Smyly resigns employment with the City, and the City agrees t0 accept Mr. Smyly's resignation, effective February 9, 2020 at 5:00 pr, provided, however, that Mr. Smyly resigns a6 a police officer, effective immediately. Mr. Smyly’s personnel file wll document separation from employment due to resignation 2, Transition schedule. As of the effective date ofthis Agreement, Mr. Smyly will be ‘eansfered to a nonpolice depariment positon within the City fora contract term ending on February 9, 2020 at 5:00 pr, Pursuant tothe terms of this Agreement, be will remain employed in « non-union position with commensurate pay and benefit until the effective date of his resignation. During this tanstion ime, Mr. Syl shall be approved to exhaust his accrued sick leave and floating holiday leave. The remainder of the time until the effective resignation date shall be paid administrative leve. Mr. Smyly shall noc perform work for the City during the ‘wanstion period. The Panis agiee to provide written notice and an opportunity to meet to discuss any percsived breach prior to any tempt to take remedil measures, 3. Consideration to Mr. Smyly. “Consideration” is something of value, to which a person isnot already ented, given tothe person in exchange for agreeing 1 do, of not do, something Consideration given fo Mr. Smyly under this Agreement includes, but is not limited t, the following 4. Me, Smyly will be spproved for sick leave, Noating holiday leave, and paid dministativ time off a et Fort in this Agreement Page 0(CONFIDENTIAL RESIGNATION. WAIVER OF CLAIMS ‘AND RELEASE AGREEMENT 1b. Mr, Smyly wil be paid for the balance of his compensation bank hours within Seven days (7) ofthe execution ofthis agreement. & Mr. Smyly will continue to accrue paid vacation leave through his effective resignation date. Mr. Smply’s vacation leave bank will not be subjected t0 any limitations of caps. Upon termination of employment on February 8, 2020, a benefit equal to the amount of accrued and unused vcation leave shall be paid to the employee in a single, lump sum amount Me Smyly is approved to use the Career T terms ofthe City's Displaced Employees Pol this service is provided in Exhibit A sition Counseling aecording tothe ‘Information on how fo access ‘e. TheCity will defend and indemnify Me. Smyly fron all damages arising fom any civil suit stemming fiom his employment with the City as required by section 24- 10-110 ofthe Colorado Revised Statutes and the ealletve bargaining agreement ‘berween the City andthe Boulder Police Officers Association {The City will not cones a timely claim made by Me. Smyly for unemployment ‘benefits withthe state of Colorado. The City makes other commitments under this Agreement that benefit Mr. Smyly, ‘eluding the commitment to Keep this Agreement confidential. Me. Smyly acknowledges that each type of consideration given to him under this “Agreement is fai Mr. Smyly also acknowledges that each typeof consideration given to him ‘unde this Agreement isin addition o anything of value to wiich bei already entitled 4, Consideration to the City. Mr. Smyly voluntarily resigns from the City effective ‘Febuary 9, 2020, Me. Smyly knowingly and voluntarily waives al rights an claims agains the ‘City and aay of its past of present council members, employes, atomeys of agents (the “Released Paris") inching, but not limited to, all possible rights and claims listed below, 5. Complete and Final Release of Released Parties. Except for agency action and regelatory claims as stated below, Mr. Smyly in exchange forthe City's consideration under this ‘Agreement, waives and releases the Released Parties from any cms or liabilities of any kind Wwhisoever, known or unknown, fixed or contingent, anticipatd or unanticipated that Mfr Smyly, his heirs, assigns or administrators may have as of the date of this Agreement. This ‘chides, without limitation, ll mates that Mr. Smly has or coald have alleged in any suit or claim related in any way to his employment with, of separation fom, the City. Mr. Smyly has fotand shall not star, porsve or authorize any action, awit chee oe complaint, o otherwise ‘sr attempt toaster any claim that he has of may have as ofthe date of this Agreement fganst the Released Parties relating in any way to employment w th or separation from the Cty ‘This release includes, but is nt limited to: 1 Release ofall grievance, arbitation and appeal sights for any and all pending, internal affairs or disciplinary matters. Page 20f8(CONFIDENTIAL RESIGN iD RELEASE AGREEMENT (Chime arising under federal, state oF local laws, orfinances or regulations protbiing employment disrimination (for example, discrimination based on ge, sex, race, color, national origin, religion of handicep status) including, ‘without imitation, claims based on i. The Rehabilitation Act of 1973, Title 29 United States Code, Section 791 and following sections, as amended; ii The Age Discrimination in Employment Act, Til 29 United States Code, Section 623, and related sections, as amended; li, The Fair Labor Standards Act of 1938, 29 United States Code, Section 201, and following sections, as amended; i, The Civil Rights Act of 1964, including Tite VU, 42 United States Code, Section 2000 and related sections, on Equal Employment Opportunity, as amended; ¥. The Equal Pay Act, 29 United States Code, Section 206(4), and subsequent sections, as amended; si. Tye Americans With Disbiliies Act, Pubic Law 101-336, ss amended vi. The Civil Rights Act of 1991, Public Law 102-166, a amended; Vii, Colorado AntiDiscrimination in Employment States (Colorado Civil Rights Act), Colorado Revised Statutes, Section 4-34-401 and following sections, as amended, ik, The Older Workers Benefit Protection Ac, Public Law No, 101-433; and The Family and Medical Leave Act, Title 29, United States Code, Chapter 28, as amended. (Clams under: |. Due Process requirements ofthe United States or Colorado constitution; ii The Civil Rights Act of 1871, 42 United States Code 1981 through 1988, as amended; fi, The Colorado Wage Act, Tile 8, Atle 4, Colorido Revised Statutes; ‘iv. Any statute, law, charter, ordinance, regulation, policy or common lew; ¥. Any implied or express contact and vi. Any expres or implied covenant of good faith o fir dealing, ages oft