SETTLEME AGREEMENT Tl-lls SETTLEMENT AGREEMENT (the Agreement") is entered mm by and between and the King County Sheriffs Office (collectively the "Panles For reference purposes, it is dated May 14, 2015, the date of delivery to - -or consideration. 11 Payments. King County and KCSO shall pay Deputy -and his legal counsel as follows: a. One check shall be made by King County payable to in the gross sutn of One Hundred Thousand Dollars and No Cents which shall not be subject to payroll deductions and withholdings. be One check shall be made by KCSO payable to --in the gross sum of Eight Thousand and Four Hundred and Sixiy Dollars and Seventy Two Cents which equals the full premiutn necessary to continue his KCSOrsponsored health insurance coverage during the period August 1, 20151 through July 31, 2015. This payment shall not be subject to payroll deductions and withholdings c. One check shall be made by KCSO payable to --in the gross sum of Ten Thousand Dollars and No Cents 610100011 which shall not be subject to payroll deductions and/or withholdings. The tax identitication number for The payments described above shall be made within thirty (30; days of the date on which the revocation period described at paragraph 19 below expires and KCSO and/0r King County shall issue corresponding Forms 1099 as, and to the extent required by law. Beyond these payments the payments owing to _pursuant to paragraph 3 below dtiring his period of paid adtninisttative leave, and the payment of amounts owed to _for accrued vacaiioni if any, pursuant to the collective bargaining agreement gover his employment neither KCSO not King County shall owe any further sums to --and/or his current or former legal counsel for any reason; provided, however, that this Agreement is not intended to diminish or release any sutn to which to --is otherwise entitled under the Washington State Depanment of Retirement Systems Law Enforcement Omcers' and Fire Fighters' Retirement System plan Tax Liabilit . In connection with the payments described at paragraph 1 above, --and--jointly, even if the tax liabilities and consequences are ultimately assessed in a fashion which they do not presently anticipate; and neither KCSO nor its attorneys have made any representations to them concerning any tax aspects of the payment. 3. Administrative Leave. shall remain on paid administrative leave through July 31, 2015. From August 1, 2015, through October 18, 2015, _hall be on unpaid administrative leave. While on leave, paid and unpaid _oniinues to be employed by KCSO and shall timely and cooperative respond to reasonable requests and directives by KCSO, including, for example timely making himself available for inrerview in rhe context of other internal investigations regarding other KCSO personnel rhar are pending and/or may hereafrer commence KCSO understands and agrees rhat, while on leave, paid and/or unpaid, _nay travel outside the state of Washington, including for personal reasons and/or to pursue other job opportunities l-lowever, Deputy - hall not leave Washington without Kcso's prior knowledge and approval, which approval KCSO shall not unreasonably delay or withhold. 4. Volunigg Resivnaiion. Effective October 18, 2015, _shall be deemed ro have volunrarily resigned KCSO shall thereafter characterize rhe separation of his employment as a resignation and shall not characrerize ii as a resignation in lieu of terminarion. 5. No Rehire. _shall not seek or accept any future employment with KCSO and/or King Counry. 5. Letter of Reference. KCSO shall provide letter of reference, signed by Sheriff John Urquhart, in the form attached hereto as Exhibit A. 7. No Disparawemeni. _hall not disparage KCSO and KCSO shall not disparage _For purposes of rhis provision, KCSO is defined as and limired to Sheriff John Urquhart, Depury Chief Jim Pugel, Chief of Staff Chris Barringer, lance King, Diane Taylor, Major Jerrell Wills, Captain Ted Roe, and Patry Shelledy. 8. Prospective Employers/Reference Checks. _hall direct prospective employers and/or reference checks to Kcso's Human Resources Depanment Kcsos Human Resources Depanment shall respond to such inquiries by disclosing only that KCSO employed _ihe position he held with KCSO: the salary he was paid by Kcso; that he is currently employed or has voluntarily resigned, whichever is applicable at the time of the inquiry; and that the limited disclosure is being made pursuant to KCSO policy. in the event that Sheriff Urquhart is contacted by prospective employers and/or reference checks, he shall state only that he has provided a letter of reference to _Nhich -- is free to provide to the inquirer; that it is KCSO policy to otherwise only confirm dates of employment, position, salary, and whether a separation was voluntary: and that the inquirer may contact KCSO 5 Human Resources Department for that information. ZoiS 9. Pending IIU Investigation. Sheriff Urquhart shall not render any findings or other determination and/or recommend or impose any discipline, related to, or in connection with, IIU Case No. IIU- or any other allegations that have been or may be brought against or regarding Deputy - 10. Releases. _releases and covenants not to sue, KCSO, King County, and the King County Pollce Officers Guild (Guildt, including all of their respective current and former sheriffs, officers directors agents, representatives successors assigns, and employees (collectively the "Released Parties"), from any and all claims at law or in equity or otherwise, whether direct or indirect, known or unknown which _now owns or holds, or has at any time heretofore: owned or held, against the Released Parties individually or jointly including without limitation any claims that relate directly or indirectly in any way to employment with KCSO, the separation of that employment and/or (is) any acts, omissions or facts that arose on or before the date this Agreement is executed (collectively the "Released Claims") without limiting the generality of the foregoing, the Released Claims include, without limitation, all claims set forth in or related to _laims pending before the King County Office of Civil Rights and/or the Washington Office of Administrative Hearings, and all claims for monetary or equitable relief violation of the Washington Public Disclosure Act, negligence, breach of express or implied contract, failure to pay and/or wrongful withholding of wages, intentional and/or negligent infliction of emotional distress; whistleblower claims under any federal, state or local laws; and/or violation of any federal, state or local laws prohibiting retaliation harassment and/or discrimination on the basis of sexual orientation or any other protected status or trait. _understands and agrees that he is releasing all claims for age discrimination under the Age Discrimination in Employment Act and any other federal, state or local law or regulation For purposes Agreement, "claims" shall be given its broadest possible meaning and shall specifically include, without limitation, complaints charges, lawsuits causes of action and grievances made to any entity, including without limitation the Guild, state or federal bar associations, the Equal Employment Opportunity Commission, the Washington Human Rights Commission the federal Department of Labor, the Washington Department of labor lndustries, civil service commissions, and any other federal, state, or local agency. These releases extend to and inure to the benefit of KCSO, King County, and the Guild including all of their past and present sheriffs officers directors agents, representatives, successors, assigns, and employees, and/or any of the other Released Parties. These releases bind _etrs, survivors, legatees and other representatives and/or agents. Notwithstanding the foregoing, these releases do not extend to any claims that arise out of this Agreement. 11. Release from Guild. This Agreement, in its entirety, is conditioned upon the Gulld's execution ofa release that releases all claims it has held, or currently holds on behalf of _gainst KCSO and/or King County, including all of their respective cur-rent and former sheriffs officers, directors agents representatives, successors, assigns, and employees. 3Df5 12. No Orher Claims. --epresents and warrants that he has withdrawn all complaints to the Washington Bar Association, rhe American Bar Associarionregarding KCSO personnel and/or any of the other Released Parries to the Washington and/or American _shall withdraw with prejudice, or sripulare to disin sal with prejudice all orher claims and/0r proceedings he has initiared and rhar are currenrly pending. Bar Association 13. No Adm n. Neither this Agreement nor any of its provision shall constirute or be construed as an admission ofliabilily or wrongdoing by KCSO and/or Depury - 14. Media KCSO. King County, and _hall not i tiate or solicit any contact any media regarding _mployment KCSO, the separation of thar employment and/or this Agreemenr, and --shall also not iniriate or solicit such contacr regarding KCSO and/or any of its current or former personnel. 15. Public Records Requesrs. For a period of two (2) years, measured from rhe effective date of rhis Agreemem, before providing documems regarding Depury -to a rhird party by reason of a public disclosure request or otherwise. KCSO and/or King County shall noun through nus ounsel -- no requesr for such documents has been received, and shall nor produce any responsive documenrs until an least ten (10) days have lapsed following such notice. Under any circumstance where and/or King County's response to the requesr is required by law to be made prior to rhe expiration of the ten (10; day notice period. such as in the comexl of a judicially enforceable subpoena. KCSO and/or King County shall so advise -- and rhe production of documents in compliance with the legal requiremenr shall not be deemed a breach of this Agreemem. 15. Return of Progenyfluipmem. Once the payments under paragraph 1 have issued and/or been deposited, KCSO shall arrange for the rerrieval of any KCSO properry and/or equipment in _possesslon. cusrody and/or control, such rhar _shall not have no recenter KCSO premises. l7. Remedy for Breach. Any claim for breach of this Agreemenr, or that otherwise arises from or relates no this Agreemem, shall be resolved exclusively by arbitrarion in accordance wirh the applicable procedural Rules for the Resolurion of Employment Disputes of the American Arbitration Association. but with the arbirrator to be selected by mutual agreement. or no be appoinred by the presiding judge of the King County Superior Courr, if the parties are unable to agree. The arbitrarion hearing shall be held in Seatrle, Washingron. The arbitrator shall be an attorney experienced in arbirrating employmenr disputes. Unless otherwise agreed by the Parties, the arbitrator shall restrict discovery no the extent reasonably possible to ensure a fair hearing, shall hear the case within oneehundred twenty (120) days of being appointed, and shall render a wrirten ruling wirhin rhirty (30) days thereafler. The award shall be final and binding 40GBP5 and may be entered in any court of competent jurisdiction. The arbittator shall have the right to assess against a pany or among the parties, as the arbitrator deems reasonable, lhe arbitrator's fees and expenses. The prevailing party shall be entitled to recover its and/or his reasonable coasls and anorneys' fees from ihe noneprevajling pany. 18. Miscellaneous. The Parties have read this Agreement. understand its terms. and have been fully advised by legal counsel. Each also has participated in drafting this Agreement and therefore waives the mic of construction that an agreement is construed against its drafter. This Agreement is the final and complete expression of the agreement of the Parties; may be modified only by a written addendum signed by the parties; and supersedes all prior agreements discussions and representations, including but not limited to. the CRZA Agreement previously signed by the Parties. The Parties are not entering this Agreement in reliance on any promises, inducements, representations, or agreements other than those contained in this Agreement. This Agreement may be executed via facsimile and/more counterparts, each of which shall be deemed an original. and all of which together constitute one and the same instrument. l9. Consideration/Revocation. _all have twenty one (21) days to consider thi Agreement before signing and another seven (7) days to revoke if he elects to sign. To be effective, the revocalion must be in writing and received by Sieven H. Winterbauerr Wimerbauer Diamond, PLLC before the seven (7) day revocation period expires. KING COUNTY OFFICE Sheriff John Urquhart -- Dale: Dale: KING COUNTY Christine 0h. Deputy Risk Manager Date: and may be in any court of competent jurisdiction. The arbitrator shall have the right to assess, against a pany or among the parties. as the arbitrator deems reasonable, the arbitrator's fees and The prevailing party shall he entitled to recover its and/or his reasonable coasts and allorncy tees from the nonsprevailing paity, IX Mlscellancous. Parties have read this Ilnderoland its terms. and have been hilly advised by legal counsel, hash also has participated in drafling this Agreement and therefore waives the rule of construction mat an agreement is construed against its dral'teix This Agreement is the tinal and complete expression or the agreement of the Parties; may be rrioditied only by wrilten addendum signed by the parties; and supersedes all prior agreements. discussions and representations, including. but not limited to. the CRZA Agreement previously signed by the Parties '1 he Parties are not entering this Agreement in reliance on any promises, inducements. representations. or agreements other than those contained in this Agreement This Agreement may be executed via facsimile and/or oi and in one or more counterparts, cacli of which shall be deemed an original, and all ofwhich together constitute one and the same instrument. l9. ConsiderationlRevoeation --hali have twenty one (21) days to consider this Agreement hetete signing and another seven (7) days to revoke irhe elects to sign, "o be the revocation must he in and received by l-l. Winterbaucr. Winterhauer Diamond. PLLC before the seven (7) day revocation period expires. KING COUNTY SI OFFICE -- KING COUNTY Christine (3h: Deputy Risk Manager Date: 5 MS and may be entered in any court of competent jurisdiction. The arbitrator shall have the right to assess, against a party or among the parties, as the arbitrator deems reasonable, the arbitrator's fees and expenses. The prevailing party shall be entitled to recover its and/or his reasonable coasts and anomeys' fees from the noneprevailing party. 18. Miscellaneous. The Parties have read this Agreement. understand its terms, and have been fully advised by legal counsel. Each also has participated in drafting this Agreement and therefore waives the rule of construction that an ayeen-ient is construed against its dmfter. This Agreement is the final and complete expression of the agreement of the Panies; may be modified only by a written addendum signed by the parties: and supersedes all prior ageements, discussions and representations, including, but not limited to, the CRZA Agreement previously signed by the Parties. The Parties are not entering this Agreement in reliance on any promises, inducements, representations, or agreemenls other than those contained in this Ayeement. This Agreement may be executed via facsimile and/or PDF or TLF, and in one or more counterparts, each of which shall be deemed an original, and all ofwhich together constitute one and the same instrument. 19. Consideration/Revocation -all have twenty one (21) days to consider this Agreement before signing ant. even (7) days to revoke if he elects to sign. To be effective, the revocation must be it and received by Steven H. Winterbauer, Winterbauer Diamond, PLLC before the day revocation period expires. KING COUNTY OFFICE Sheriff John Urquhart Date: KING COUNTY Chn'stine Oh, Deputy Risk Manager Date: 50f5 and may be entered in any wurt of eempetentjurisdictinn. The arbitrator shall have the right to assess, against a party or among the pam'es, as the arbitrator deems reasonable, the arbitrator's lie prevailing party shall he entitled to recover its and/or his reasonable fees and expenses coasts and attorneys' fees from the nonepl'cvailing party, 18. Miscellaneous. The Parties have read this Agreement. understand its terms, and have been fully advised by legal counsel. Each also has participated in drafiing this Agreement and therefore waives the rule of construction that an agreement is against its drafier. This Agreement is the final and eemplete expression of the agreement of the Parties; may be modified only by a written addendum signed by the parties; and supersedes all prior agreements, discussions and representations, including, but not limited tn, the CRZA Agreement previously signed by the Parties. The Parties are not entering this Agreement in reliance on any premises, inducements, representations, or agreements other than those eentained in this Agreement. This Agreement may be executed via facsimile and/or PDF or ill: and in one or more txtunterpal'ts, each ofwhich shall be deemed an original, and all of which together constitute one and the same instrument. l9. Consideratioil/Revocation. _shall have twenty one (21) days to consider this Agreement herere signing and another seven (7) days to revoke ithe elects to sign. To be erteen've, the reveesrinn must he in writing and received by Steven H. Winterbauer. Winterbaucr Diamond, before the seven (7) day revocation period expires, KING COUNTY OFFICE -- sherin'iehn Urquhart i Date: Date: KING COUNTY Pelt/Vim a ti 7 them my Risk Manager 3; 1i 50f5