Frank Nucera Jr. ll Gennantown Road Bordentown, New Jersey 08505 609-209-0510 January 12, 2017 Mayor Stephen Benowitz, This is to inform you and the membersof the Township Committee, that effective immediately, I am retiring from the position of Chief of Police and Township Administrator. I have submitted my application to pensions on this date, for retirement. - I will make suitable arrangements to return all of the townships equipment and property. Under no circumstances will I return to the Police Department from this date forward in an ofiicial capacity. I want to thank you, and all of the Committee Members for allowing me to serve in the positions that I have held, and the continuous support I received from all of you. It has been an honor and a pleasure that I will cherish for the remainder of my life. ***IMPORTANT NOTICE*** READ THIS DOCUMENT AND ANY ATTACHMENTSCAREFULLY AND COMPLETELY BEFORE SIGNING: THESE DOCUMENTS INVOLVE YOUR PERMANENT RESOLUTION AND SURRENDER OF IMPORTANT LEGAL RIGHTS. NEGOTIATED SEPARATION & RELEASE AGREEMENT This Negotiated Separation and Release Agreement (hereinafter "Agreement" or “severance agreement”) is extended to YOU, FRANK M. NUCERA, JR.,1 in connection with your retirement and relinquislnnent of any right or continuation in any and all positions of any kind whatsoever with the TOWNSHIP OF BORDENTOWN effective January 12, 2017, including but not limited to the position of Chief of Police, and based on the mutual desire to permanently and completely resolve any and all actual or potential disputes, differences, controversies, issues, claims, demands, and payments of any kind withoutthe continued expense or need of proceedings of any type before any agency, Court or other forum. 1 The intent of this document is simplify matters, whenever the words “YOU” or “YOUR” or “TOWNSHIP” are used anywhere in this Agreement thosewords will mean the following: 8.. To “YOU” or “YOUR” means FRANK M. NUCERA, JR., on behalf of yourself and on behalf of anyone acting on your behalf or with a legal right, directly or indirectly,to pursue legal relief and a recovery for you against the TOWNSHIP OF BORDENTOWN; the “TOWNSHIP” means TOWNSHIP OF BORDENTOWN and all of its past, present or future related government entities, units, departments or functions including but not limited to the TOWNSHIP's Municipal Court, insurers or similar type of risk coverage provider such as or similar to Joint Insurance Funds or Excess LiabilityInsurance Funds, members of the TOWNSHIP’s governing body, Mayor or members of Council, appointed or elected officials, committee members, department heads including but not limited to the TOWNSHIP Clerk, supervisors, employees,‘representatives, agents, consultants, experts, volunteers, and attorneys, individually,collectively and personally, and their respective successors, heirs, executors, administrators and assigns. to fully, finally and without exception, waive and release any and all possible CLAIMS2 that YOU may have against the TOWNSHIP. Once YOU sign this document YOU are forever giving up YOUR legal right to take any action through any means and of any nature against the TOWNSHIP as well to as any right to appeal or challenge any action of the TOWNSHIP, any right employment or eligibilityfor employment with the TOWNSHIP. 2. YOU are responsible for making sure YOU read this entire Agreement completely and understandlit before signing it, including any footnotes and Attachment(s). YOUR signature establishes that: YOU read and understood everything contained within this Agreement before YOU a. signed it and any Attachment(s);and, b. YOU signed this Agreement freely and voluntarily,without coercion of any kind, and with full knowledge of its contents and permanent binding effect; and, YOU have not assigned or transferred, in whole or in part, any claim or right or any c. interest in any claim or right to any person or entity; and, d. YOUR legal residence has been and remains: ll Germantown Road, Bordentown, ‘ e. NJ 08505; and, YOU have had sufficient time to review and consider the form and content of this Agreement; and, anywhere in this Agreement it will mean all claims, matters, differences, controversies, issues, disputes, demands, rights, entitlements, challenges, procedures, processes, hearings, appeals, actions, causes of action,suits, damages, losses, expenses, payments of any kind, attorney’s fees, costs or other thing of value, relief of any kind, reinstatement or reemployment, unless and except as specificallypreserved elsewhere within this Agreement. 2 Whenever the word “CLAIMS” is used f. Aside from the consideration detailed within this Agreement, YOU have received all compensation, wages, entitlements, payments and benefits due to YOU from the TOWNSHIP. 3. YOU and the TOWNSHIP understand and agree that entering into this Agreement does not constitute any admission of wrong doing by the TOWNSHIP and the TOWNSHIP specifically denies any wrong doing or violation of any legal right, benefit or entitlement in connection with YOUR employment and retirement from employment. This Agreement shall not be admissible as evidence in any proceeding before any federal or state agency, court or other forum except for enforcement of its terms. 4. YOU and the TOWNSHIP are entering into this Agreement voluntarilyand there are no other promises or Agreements of any kind made by any person or entity to cause YOU to sign this Agreement except for the promises contained in this Agreement. YOU acknowledgeand agree that without this Agreement YOU have no right, entitlement or claim to the terms or benefits provided for within this Agreement and nothing requires the TOWNSHIP to provide YOU or anyone else, 5. YOU now or in the fL1l.‘L1I‘C, withthe terms contained withinthis Agreement. acknowledge and agree that YOU will not disclose this Agreement or any of its tenns and shall keep such information confidential, and shall not directly, indirectly or otherwise, disseminate, distribute, publish, make or cause to be made or participate in any statement whether oral or written relating to the existence and content of this Agreement, and YOU shall not directly, indirectlyior otherwise cause any inquiry relating to the existence and content of this Agreement. 6. YOU understand thatthis Agreement will completely and forever resolve all CLAIMS YOU have, may or could have, with or against the TOWNSHIP at any time and covering the entirety of YOUR employmentthrough the date of this Agreement. As part of the exchange between YOU and the TOWNSHIP, YOU also agree to each of the following: a. YOU will not seek, YOU will not pursue and YOU will not be entitled to anything else whether its money or otherwise from the TOWNSHIP unless expressly preserved within this Agreement and then only to the extent specifically provided under this Agreement. agree that YOU are YOU forever giving up those rights for the terms contained withinthis Agreement and if YOU later learn of something else that could have been a basis for a CLAIM, YOU agree thatYOU are forever giving up those CLAIMS as well. YOU agree that, aside from the sums detailed withinthis Agreement, YOU have received all sums due to YOU from the TOWNSHIP; AND b. YOU voluntarilyrelinquish all CLAIMS of any gpe forever. YOU surrender YOUR right to file or pursue any CLAIMS with any State or Federal agency or Court. By way of example, and not exclusion, listed below are examples of the CLAIMS YOU permanently waive a11d release. In other words, YOU will be permanently barred from pursuing the TOWNSHIP for any and all CLAIMS including but not limited to those regarding: 0 YOUR application for employment, employment and termination of employment from the TOWNSHIP in any position; 0 Any and all acts that have been or could have been alleged to have violated any of YOUR rights or entitlements; 0 Federal or State Constitutional rights any right search or or of notice, procedural or entitlements including but not limited to any right to and/or substantive due process, seizure and first amendment rights expression; privacy, seclusion, illegal including but not limited to freedom of speech Defect in or right to notice, service, hearing or appeal including but not limited to any CLAIM arising under any statute, regulation, contract, TOWNSHIP policy and/or procedure, Departmental or Standard Operating Procedures or otherwise; Violation of 42 U.S.C. §§l981 through and including §I988; Common law rights, any past and present law, ordinance, resolution or regulation; Tenure, any form of right termination rights, or to arising or CLAIM based upon any tenure out of or under any policy, or removal process, process or collective pre/post- bargaining agreement promulgated or entered into by the TOWNSHIP; Appeal or review before any agency, court or forum, as well as any right to file further appeals; Any CLAIM for pay, salary, severance, post—termination payment or compensation of any kind or payment beyond that provided or preserved herein, pursuant to any statute, regulation, ordinance, resolution or otherwise; Payment of any sum including but not limited to vacation, sick or personal leave or payment pursuant- to any practice, policy, handbook, manual, or contract; Retirement, resignation constructive or termination of discharge, discharge without employment, layoffs, cause, reduction in hours, progressive discipline, discovery, promotions, transfers, reassignments, demotions, rights to any other position or title, and seniority; Rehire, transfer or reinstatement; Discrimination or harassment based upon race, color, religion, creed, sex, age, national origin, ethnicity, marital, civil union or domestic partnership status, veteran status, liability for service in the armed forces, sexual preference or orientation, gender identity expression, disability, perceived disability, accommodation for a disability, or or pregnancy (collectively referred to as “protected class”), or association with a member of a class protected by law; Retaliation for raising, filing, attempting to file, participation in the investigation of, or testifying with regard to, a worker’s compensation, discrimination, retaliation or other claim, charge or complaint or in connection with any right protected by federal or state laws; Violation of the New Jersey Law Against Discrimination; the New Jersey Family Leave Act; the Family Medical Leave Act; the Fair Credit Discrimination in Employment Act of 1967 Reporting Act; the Equal Pay Act; the Age amended as by Protection Act; the Vocational RehabilitationAct; the Equal Rights Act of 1964 and all Rights Act of 1991 the Older Workers Benefit Pay Act; Title VII of the Civil subsequent amendments including but not limited to the Civil and the Civil Rights Act of 1866; Executive Order 11246; the Americans with Disabilities Act of 1990; the Genetic Information Nondiscrimination Act of 2008; federal or state wage and hour laws; the New Jersey Conscientious Employee Protection Act; the'New Jersey Genetic Privacy Act; Title 40A including but not limited to N.J.S.A. §§ 40A:14—1 18 through 40A:14—173, N.J.S.A. §§ 40A:l4-200 through 40A:14-211, regulations promulgated pursuant to, touching upon or related to those Titles, or N.J.S.A. 40:69A—43; Title 11A including but not limited to N.J.S.A. § 11A:2-6, N.J.S.A. § l1A:2-7, N.J.S.A. §§ 11A:2—13 through 11A:2-22, N.J.S.A. § regulations promulgated pursuant to, touching Employee Occupational Health and 11A:2—24 and N.J.S.A. § 11A:l2-2, or related to those Titles; Public upon Safety Act; or any and all statutory amendments or regulations related or connected to any of the foregoing statutes, as well as any and all other federal, state or local civil or human rights laws or regulations; Any CLAIM based on federal or state wage and hour or wage payment laws; 0 Handbook, memoranda or policy, written or oral agreement, contract, ordinance, resolution, municipal code, shared services agreement, tort or public policy law; 0 Any and all issues related to or touching upon YOUR employment by the TOWNSHIP up to and including retirement from employment with the TOWNSHIP; 0 Appointment or removal pursuant to any law ordinance or regulation; 0 CLAIMS for monetary damages or relief including but not limited to compensatory or punitive damages; 0 CLAIMS for equitable relief including but not limited to reinstatement or rehire; 0 Any right to a jury trial; 0 Any claim for or right to recover attorney’s fees and/or costs. YOU have decided to voluntarilyretire and relinquish any and all positions with the TOWNSHIP effective January 12, 2017, and even if YOU change YOUR mind and later chose not to retire or some other event occurs, the TOWNSHIP is entitled to rely and act upon YOUR decision including but not limited to January 31, 2017 as your last day of employment with the TOWNSHIP. Regardless of any subsequent decision by YOU or event, YOU agree and understand that it will in NO way effect, impact or change the terms of this Agreement and the TOWNSHIP is entitled to rely upon this Agreement as YOUR voluntarilyand permanent resignation from all positions, titles, and posts YOU currently hold or to which YOU may claim some right to hold withthe TOWNSHIP effective January 12, 2017. YOU agree that the validity and enforcement of this Agreement is not contingent upon the occurrence of any event other than entering into this Agreement and compliance with its terms. YOU understand that nothing within this Agreement effects any right or entitlement to a pension by YOU, nor does it provide for or create rights to a pension from any source for YOU. 8. In exchange for the promises and agreements made withinthis Agreement, and YOUR execution of this Agreement and any other writing necessary to effectuate the terms of this Agreement: a. the TOWNSHIP agrees to continue to pay YOUR regular salary to YOU from January 12, 2017 up to and including January 31, 2017, less applicable deductions and withholdings. b. the TOWNSHIP agrees to provide the following compensation to YOU after expiration of the seven (7) day rescission period described below by check(s) dated January 31, 2017, representing the following amounts less applicable deductions and withholdings: i. Payment for all accumulated unused sick leave in the amount of twelve thousand ($12,000.00) dollars; ii. Payment for all accumulated vacation time in the amount of eighteen thousand and fifty one ($18,051.92)dollars and ninety-two cents; iii. Payment in the amount of twenty-threethousand nine hundred and fifty ($23,950.00) dollars. 9. YOU understand and confirm that YOU have been advised in writing to consult with an attorney before signing this Agreement and that YOU have up to twenty-one (21) days to consider all the terms and conditions of this Agreement prior to signing it. By signing this Agreement prior to the expiration of twenty-one (21) days, YOU acknowledgethat YOU had the opportunity to consult an attorney or knowingly and voluntarilywaive that right and/or the right to consider this Agreement for the twenty-one (21) day period. YOU also have the right to revoke this Agreement within seven (7) days following the date on which YOU sign it (“Revocation Period”),provided that YOUR revocation is submitted in writing to COLLEEN M. ECKERT, RMC, TOWNSHIP CLERK & REGISTRAR, TOWNSHIP OF BORDENTOWN, 1 MUNICIPAL DRIVE, BORDENTOWN, NJ 08505 and it is personally delivered or mailed and postmarked within seven (7) days of YOU signing this Agreement. 10. If anything in this Agreement is determined to be invalid or unenforceable by a Court with proper jurisdiction, only that item will be deleted by the Court or or Agency Agency and the rest of the Agreement will remain in force 1 1. Any disputes concerning this Agreement in any way must be filed with a Court or Agency located in the State of New Jersey and litigated withinthe borders of the State of New Jersey. 12. This Agreement may be executed in one or more counterparts, all of which together shall constitute the Agreement, and each counterpart shall be deemed an original. PLEASE SIGN YOUR NAME HERE AND ENTER THE DATE: FRANK M. NUCERA, JR: FOR THE TOWNSHIP OF BORDENTOWN: STEPHEN BENOWITZ, MAYOR Date: , 2017 WITNESS: Date: , 2017 WITNESS COLLEEN M. ECKERT, TOWNSHIP CLERK Date: ,' 2017 Date: , 2017 HIKE!-15I'I‘I'I_If-}! fl,'oI0Yl’«IlIYlzflllflmlifflE5 llflF:fil{Fl§I1:\X ' “"1-“ ' MUNICIPAL DRIVE, BORDBNTOWN, NJ 08505 and it is personally delivered or mailed and postmarked within seven (7) days of YOU signing this Agreement. 10. If anything in this Agreement is dclennined to be invalid or unenforceable by a Court or Agency with proper jurisdiction, only that item will be deleted by the Court or Agency and the rest of the Agreement will remain in force I 1. Any disputes concerning this Agreement in any way must be filed with a Court or Agency located in the State of New Jersey and litigated within the borders of the State of New Jersey. 12. This Agreement may be executed in one or more counterparts, all of which together shall constitute the Agreement, and each counterpart shall be deemed an original. PLEASE SIGN YOUR NAI\/{E HERE AND ENTER THE DATE: FRANK M. NUCERA, JR: Date.;7é,[_ ,3] ,20l7 rm mu Dale:/[5J ,2o17 FOR THE TOWNSHIP: sizprrewiaawowrrz, MAYOBr” Date: ,20l7 Z;§"7/m/ LEEN M. ECKERT, TOWNSHIPCLERK Datcpg-— .2 , , 2017 T’ ">5?