SEPARATION AGREEMENT and GENERAL RELEASE
This Agreement and General Release ("Agreement") is made by and between Thomas Webster
IV, ("Webster") and the City of Dover, ("City of Dover"). As used herein, "City of Dover" shall
include the City of Dover's past or present members of the City Council, Mayor, Chief of Police,
officers, administrators, employees, agents, independent contractors, attorneys, and other
representatives, in both their official and individual capacities, departments, including but not
limited to, the Dover Police Department, any companies providing insurance to the City of
Dover. "Webster" shall include his executors, heirs, administrators, assigns, attorneys, and other
representatives.
WHEREAS, the parties mutually desire to terminate their employment relationship on June 30,
2016 ("Termination Date");
WHEREAS, the parties mutually desire and agree to settle any and all claims or potential claims
in law or equity either has or may have against the other; and
NOW THEREFORE, in consideration of the mutual promises contained herein and other good
and valuable considerations, the receipt and sufficiency of which are hereby acknowledged and
accepted, and intending to be legally bound hereby, the parties agree as follows:
1.
At the same time that he executes this Agreement, Webster shall submit a written
resignation from his position as a police officer of City of Dover in the form appended hereto as
Exhibit A, to become effective on the Termination Date. The parties agree that between the time
of the execution of this Agreement and the Termination Date, Webster is to remain on paid
administrative leave and shall not enter the Dover Police Department building or communicate
with the City of Dover or its representatives, other than contacting the City of Dover's Human
Resources Office with any questions regarding his ongoing benefits coverage or through legal
counsel as set forth in Section l 7 of this Agreement.
2.
City of Dover agrees to continue to pay to Webster his current salary and benefits,
including, but not limited to, the City of Dover's contributions to Webster's pension, through the
Termination Date, subject to all regular wage withholdings and taxes.
3.
City of Dover agrees to pay Webster two hundred and thirty thousand dollars in United
States currency ($230,000.00), taxable as Internal Revenue Service 1099 Miscellaneous Income
(1099 Forms shall list the Income under Box 3 on the Forms) in six (6) payments as follows:
•
•
•

1st payment of forty thousand dollars ( $40,000.00) made payable to Webster
between January 1 and 15, 2017
2nd payment of forty thousand dollars ($40,000.00) made payable to
Webster between January 1and15, 2018
3rd payment of thirty-seven thousand five hundred dollars
($37,500.00) between January land 15, 2019
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 •
•
•

4th payment of thirty-seven thousand five hundred dollars
($37,500.00) between January I and 15, 2020
5th payment of thirty-seven thousand five hundred dollars
($37,500.00) between January I and 15, 2021
6th payment of thirty-seven thousand five hundred dollars ($37,500.00)
between January I and 1S, 2022

4.
In addition to the compensation provided for in paragraphs 2 and 3 herein, City of Dover
agrees to pay Webster the full value of his accrued vacation and compensation time as of the
Termination Date, as determined by and in accordance with City of Dover personnel code and
regulations, with those amounts to be issued to Webster no later than on the Termination Date.
5.
City of Dover agrees that the Internal Affairs investigation concerning Webster that
commenced on January 19, 2016 shall cease upon the execution of this Agreement, and a finding
of "unfounded" shall be issued. The Chief of Police of the Dover Police Department shall
immediately execute the Delaware Council on Police Training form appended hereto as Exhibit
B, which certifies Webster is not subject to any action by the Delaware Council on Police
Training for any reason. An executed version of Exhibit B shall be delivered to Webster's
counsel within three (3) business days of the City of Dover executing this Agreement.
6.
Mutual release of claims. In consideration of the terms herein, each party hereby
releases and forever discharges the other from any and all claims, demands, and liabilities
whatsoever of every name and nature, whether known or unknown, arising out of or related to
Webster's employment with the City of Dover, or to the terms, conditions, or termination from
Webster's employment with the City of Dover, which either party now has or has ever had
against the other. This release shall include without limitation any claims for lost wages or
benefits, compensatory damages, punitive damages, attorneys' fees, equitable relief, or any other
form of damages or relief. This release shall further include, without limitation, all common law
claims including claims in contract or tort, and including, but not limited to, breach of contract,
wrongful discharge (including claims for constructive discharge), intentional or negligent
infliction of emotional distress, misrepresentation, defamation, negligence, or breach of the
covenant of good faith and fair dealing. Each party represents and states that it has not and will
not file any complaints or charges against the other with any local, state or federal agency or
court, for the purpose of recovering damages on its own behalf. Webster specifically releases
and forever discharges City of Dover from any and all claims based upon any allegation of
unlawful employment discrimination under any federal, state, or local law, regulation, or
ordinance, including the Law Enforcement Officers' Bill of Rights, 11 Del. C. § 9200 et. seq.
7.
COBRA. Insofar as Webster may be eligible for continued health coverage after June
30, 2016 under the federal COBRA law, Webster may continue such coverage for any remaining
period of eligibility provided Webster pays the entire cost of the premiums then in effect.
8.
Return of property. Webster agrees that at the time of executing this Agreement he
shall return to City of Dover all property belonging to City of Dover including, but not limited
to, all police equipment, keys, office equipment, documents, records, files, written materials,
electronic information, credit cards bearing City of Dover's name, and other City of Dover
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 property (originals or copies in whatever form) in his possession. Webster represents that he
retains no copies of confidential documents beyond those returned as specified above, and will
make no attempt to acquire such documents in the future.
9.
Confidential information. Webster recognizes that in connection with his employment
he came into possession of confidential or secret data, procedures, techniques, plans, business
operations, police practices or other information of City of Dover. Webster agrees not to
disclose, use or otherwise make available to any person any confidential information at any time
for any purpose. Notwithstanding the foregoing, in the event any confidential information shall
at any time come into the public domain other than as a result of violation of the foregoing
agreement by Webster, the provisions of this Section shall not apply solely with respect to such
confidential information lawfully obtained.
10.
Non-disparagement. The parties agree not to make any oral or written communication
to any person or entity which disparages, or has the effect of damaging the reputation of, or
otherwise working in any way to the detriment of, the other party, except as required by the
Delaware Freedom of Information Act, 29 Del. C. § 10000, et seq. or other local, state or federal
law.
11.
Reemployment. In consideration of the terms hereof, Webster agrees not to seek
employment or reemployment with the City of Dover, and to waive any claims he may have for
employment or reemployment by City of Dover in the future.
12.
Non-admission of liability. It is understood and agreed that this Agreement does not
constitute an admission by City of Dover or Webster that any action either has taken was
unlawful or wrongful, or that any action constituted a breach of contract or violated any federal,
state, or local law, policy, rule or regulation.
13.
Agreement Confidential. With the exception of the statement appended hereto as
Exhibit C, which may be publically distributed, the parties agree that this document and any and
all matters concerning this Agreement will be regarded as a privileged and confidential
communication between the parties and that neither party will disclose, disseminate or release
such information by publication of any sort, in any manner or means, to any person, except as
required by the Delaware Freedom of Information Act, 29 Del. C. § 1000 l, et seq. or other local,
state or federal law.
14.
Remedy. The parties acknowledge that any material breach by of any of the terms of this
Agreement shall immediately relieve and excuse the non-breaching party from its obligations
hereunder, and the non-breaching party shall have the right to seek any other legal or equitable
relief that may be available.
15.
Release of Age-Discrimination Claims. Webster is informed and understands that he is
releasing any rights or claims that he may have under the Age Discrimination in Employment
Act of 1967, as amended, 19 U.S.C. §§ 621-34 ("ADEA''). Pursuant to the requirements of the
Older Workers Benefits Protection Act ("OWBPA") and the ADEA, Webster acknowledges that
he has been advised that the Agreement includes, but is not limited to, all rights or claims arising
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 under the ADEA up to and including the date of execution of this Agreement, but does not waive
rights or claims that may arise after the date of execution; that he is aware of his right to consult
with an attorney or other advisor of his choosing concerning his rights and obligations under this
Agreement; that he should fairly consider this Agreement before executing it; that he has been
advised that he has up to twenty-one (21) calendar days to review and consider this Agreement;
that he has had any questions about it answered to his satisfaction; and that he may revoke this
Agreement but only by doing so in writing within seven (7) calendar days after its execution as
described in Paragraph 16 below.
16
Revocation Period. Webster is informed of the right to revoke this Agreement by
informing the City of Dover of such intent to revoke within seven (7) calendar days following
the date he executes this Agreement (the "Revocation Period"). If the last day of the Revocation
Period is a Saturday, Sunday, or legal holiday, then the Revocation Period shall not expire until
the next day that is not a Saturday, Sunday or legal holiday. To be effective, written notice of
revocation must be delivered by hand, by commercial courier, or by U.S.P.S. first-class certified
mail with return receipt requested to the City of Dover's representative, as set forth in the
Paragraph 18, below.
17.
SeverabiJity. If any of the provisions of this Agreement shall be held invalid, the
remainder of this Agreement shall not be affected thereby, and shall remain in full force and
effect.
18.
Notices. All notices and other communications required or permitted hereunder or
necessary or convenient in connection herewith shall be in writing and marked confidential and
shall be deemed to have been given when hand delivered or mailed by registered or certified
mail, as follows (provided that notice of change of address shall be deemed given only when
received):
If to the City of Dover, to:
Glenn C. Mandalas, Esq.
Baird Mandalas Brockstedt, LLC
6 S. State Street
Dover, DE 19901
If to Webster, to:
Steven L. Caponi, Esq.
Blank Rome LLP
1201 Market Street Suite 800
Wilmington, DE 19801
or to such other names or addresses as Webster or City of Dover, as the case may be, shall
designate by notice to each other person entitled to receive notices in the manner specified
herein.

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 18.
Entire agreement; governing law. This Agreement contains the entire agreement
between the parties, and shall be govemed by the laws of the State of Delaware. This Agreement
may not be changed orally, but only by an agreement in writing signed by the party against
whom enforcement of any waiver, change, modification or discharge is sought. The parties
attest that no other representations were made regarding this Agreement other than those
contained herein and that this agreement represents the entirety of the agreement between the
parties.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year written below.

IVC.0~ w.W~EAL)
Thomas Webster IV
Date:

5

oz..{22 ( L,o ( L,

  

Exhibit A

. . 

Dear Chief Bernat:
I hereby immediately resign from my position as Corporal of the Dover Police Department, with
an official separation date from service to be June 30, 2016.

Sincerely,

Thomas Webster
Date:

!'

7

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 Exhibit 

Date: February 23. 2016

To:

Administrator
Council on Police Training

From: Chief Paul M. Bernat
Dover Police Department
NOTIFICATION OF POLICE OFFICER RETIREMENT/RESIGNATION
Employee Name:

Thomas Webster

~-----------

C.O.P.T. Certification Number:

4172

This letter is to notify the C.O.P.T. that the above-identified employee has left this agency with
an effective date of 02-23-16.
Complete the following statement if known:
The employee will be seeking employment with the following agency: n/a

The employee was employed with the Dover Police Department from September 12, 2005 until

February 23. 2016.
CERTIFICATION OF RE-EMPLOYMENT ELIGIBILITY; WITH HOLDING OF CERTIFICATION
(Initial the appropriate statement)
X
It is further certified to the best of my knowledge that the employee identified is
not by his conduct or reputation, subject to any action by C.O.P.T. provided by Section
8404(a)(4) and is eligible for re-employment consideration.
_ _ _ _ _ It is further certified that the employee identified may be subject to the provision
of Section 8404(a)(4) and may require action on the part of C.O.P.T. for suspension or
revocation in accordance with established guidelines.

Signature of the Chief of Police

Date

Signature of the Officer (Signature only acknowledges receipt)

Date

/.

.GJ .EN Ir, M/\l\IDAIJ\S

G!f1.i-NN C. MANDAlAa 8 w .l~i h

L
Nota

Date

Derlaware Attorney at L1~w 1 w,1.1:1 1• 1 c
Pqwer to act.as f'tt!:SJbt~~)
per 29 Del.-C. '§'432'3'{af(!"W-') ·

Notification to C.O.P.T. will be through the use of this form within (5) five working days.

 DELAWARE COUNCIL ON POLICE TRAINING
Date:_.......__ _
To: Administrator
Council on Police Training
From: ~.._._

______
NOTIFICATION OF POLICE OFFICER
RETIRE:MENT I RESIGNATION I TERMINATION
(Please underline or circle one)

J 1'J.OM.!£,, w~l~lf rt.
C.0.P.T. Certification Number: L/ J.1;;)
Employee Name:

This letter is to notify the C.O.P.T. that the above identified emoloyee has left I will be
leaving this agency with an effective date of: _ _ _......_...____ _ _ _ _ _ __
Complete the following statement if known:
The employee will be seeking employment with the following agency:
(If known): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

The employee was employed 'with the agency from_
until
·
CERTIFICATION OF RE-EMPLOYMENT ELIGIBILITY;
OR ACTION ON CERTIFICATION REQUESTED
appropriate statement)

- """"".-It is further certified to the best of my knowledge that the employee idimtified
is not b hls/her conduct or reputation, subject 10 any EfCtion by The C.O.P.T. provided in
Section 8404(a)(4) and is eligible for re-employment consideration.
_ _ _It is further certified that the employee identified may be subject to the
provisions ofSection 8404(a)(4) and may require action on"the part of The C.O.P.T. for
susp,ension or revocation in accordance with. established guidelines.

Signature of Chief of Police

. .

jp

(Notary Stamp)

--~

Date

oviro.~ I D,\A~Jj_ __ .ol--lii\~llP

· ·· 'Signature of O~cer {Signature (;)nly acknowledges receipt)

·

Notification to C.0.P.T. will be through the use ofthis form 'i~i$,e:fl:P.e.l5~or~~l!;aays.

 Exhibit 

JOINT STATEMENT

In accordance with a negotiated separation from employment, former Dover Police Cpl.
Thomas Webster IV submitted his resignation from the Dover Police Department, and the
resignation was accepted on February 23, 2016.
Cpl. Webster was found not guilty by a 12 member jury on December 8, 2015 on a
charge of felony assault resulting from an arrest that occurred in August 2013 while Cpl.
Webster was on duty.
Following his acquittal, the City and then Cpl. Webster entered into discussions
Those discussions resulted in an
concerning the continued employment of Cpl. Webster.
amicable end to Cpl. Webster's employment relationship with the City, and he submitted his
voluntary resignation to the Dover Police Depai:tment. While the resignation was immediately
accepted such that fonner officer Webster is no longer a Dover Police Officer, his official date of
separation from service will be June 30, 2016.

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