State of Connecticut Commerce on HUMAN RIGHTS AND Oeeosoummxes Norwich Regional Office 100 Broadway, Second Floor, Norwich, CT 06360 (warm-5703 7; (seams-2550 .- June 26, 2015 DOUBLE-SIDED COPIES Jonathan Ayala: Case No. a Name: 1540438I0 ivero vs City of New London, New London Captain Todd Berg 5500 No: 16A201501360 Dear Siriliriadam: A comptaint, referenced above, has been filed against you with the Commission. A copy of the complaint ls attached. The enclosed General Notice advises you of your rights, duties and responsibilities. Please read carefully the information contained in the notice. Also enclosed Is important information with respect to the no fault conciliation process. The Commission is available to assist you if you wish to pursue settlement of this complaint. You must file a written answer to the complaint under oath with the Commission within 30 days of receipt of the complaint. if you fall to answer the complaint within this time, you may be defaulted by the Commission. You have a duty to certify to the Commission that you have provided the complainant with copies of all documents you file with the Commission. For your convenience and use, the enclosed Certification Form is made available. if i can be of further assistance, please do not hesitate to contact me. Sincerely. ?amed 73am?. .James M. Regional Manager encs: Complainant's Attorney: Michael MoMinn NEW BIH CT JUii'Zit- are .13; Issued 4/94 SL003R . . . Revised 9/2011 State of Connecticut COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES Norwich Regional Office 100 Broadway, Second Floor, Norwich, CT 06360 p. (mom-5703 so (mixes-2550 ?otsam; Epsom Miocene {an add F?w?e June 26, 2015 DOUBLE-SIDED COPIES Jonathan Ayala: RE: Case No 81 Name: 154043710Iivero vs City of New London, New London D.. Deputy Chief Reinhard EEOC No: 18A201501359 Dear SiriMadam: A complaint, referenced above, has been ?ied against you with the Commission. A copy of the complaint is attached. The enclosed General Notice advises you of your rights. duties and responsibilities. Please read carefully the information contained in the notice. Also enclosed is important information with respect to the no fault conciliation process. The Commission is available to assist you it you wish to pursue settlement of this complaint. You must file a written answer to the complaint under oath with the Commission within 30 days of receipt of the complaint. If you fail to answer the complaint within this time. you may be defaulted by the Commission. You have a duty to certify to the Commission that you have provided the complainant with copies of all documents you file with the Commission. For your convenience and use. the enclosed Certification Form is made available. if I can be of fuather assistance, please do not hesitate to contact me. - Sincerely. ?amed 7/5. 7% James M. Regional Manager JMF:imi encs: Complainant?s Attorney: Michael McMInn .. HEW ET- GHY CLERK A a. Issued 6/94 ssoosc A i JONATHAN ei?i?t Revised 9f2011 State of Connecticut CosMIssron ON HUMAN RIGHTS AND OPPORTUNITIES Norwich Regional Office 100 Broadway, Second Floor, Norwich, CT . 06360 them-mo 85mm? mm! foam {as at? Paced: June26, 2015 DOUBLEZSWDED COPIES Jonathan Ayala: j?eiet?icinew?london.ot.us RE: Case No. ti Name: 1540436i0livero vs City of New London, Patti Gills EEOC No: 16A201601358 Dear SiriMadam: A complaint, referenced above, has been filed against you with the Commission. A copy of the complaint Is attached. The enclosed General Notice advises you of your rights. duties and responsibilities. Please read carefully the Information contained in the notice. Also enclosed is important information with respect to the no fault conciliation process. The Commission is available to assist you if you wish to pursue settlement of this complaint. You must file a written answer to the complaint under oath with the Commission within 30 days of receipt of the complaint. if you fail to answer the complaint within this time, you may be defaulted by the Commission. You have a duty to certify to the Commission that you have provided the complainant with copies of all documents you file with the Commission. For your convenience and use, the enclosed Certification Form is made available. if i can be of further assistance. please do not hesitate to contact me. Sincerely, ?ames 76%? James M. Regional Manager once: Complainant's Attorney: Michael McMinn new minaret-T'- DGITY CLERK airs JUN 29 A ii 'v.emes 1 Issued 4/94 Revised 9/2011 State of Connecticut COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES Norwich Regional Office 100 Broadway, Second Floor, Norwich, CT 06360 a; realm-me (molasses 5?ng ?cdz'c'ce {as all? FDW . June 26, 2015 DOUBLE-SIDED COPIES Jonathan Ayala: JavalaCdici.new-london.ct.us RE: Case No. 8. Name: 154043410livaro vs City of New London, Mayor Finizio EEOC No: 16A201501356 Dear SiriMadam: A complaint referenced above. has been filed against you with the Commission. A copy of the complaint' is attached. The enclosed General Notice advises you of your rights. duties and responsibilities. Please read carefully the information contained in the notice. Also enclosed is important information wilh respect to the no fault conciliation process. The Commission is available to assist you if you wish to pursue settlement of this complaint. You must file a written answer to the complaint under oath with the Commission within 30 days of receipt of the complaint. if you fail to answer the complaint within this time, you may be defaulted by the Commission. You have a duty to certify to the Commission that you have provided the complainant with copies of all documents you file with the Commission. For your convenience and use, the enclosed Certification Form is made available. If i can be of further assistance, please do not hesitate to contact me. Sincerely, WW6 9&yw James M. Regional Manager encs: Complainant's Attorney: Michael Mchni'l - cm 03% CLERK zalsauuzq A li- SI.003R swat 5 Issued 4/94 JOi?iMiil-ir-l lines? Revised 9/2011 - 5mm Jon-muss mete. gamed 9.22011 State of Connecticut on HUMAN RIGHTS AND OPPORTUNITIES Norwich Regional Office 100 Broadway, Second Floor, Norwich, CT 06360 F9: (360)336-5703 37.- (360)3364550 m? 74?7me Beam and ?ames {as of! Pec?ie June 26, 2015 DOUBLE-SIDED COPIES Jonathan Ayala: RE: Case No. 8. Name: 1540435I0 ivero vs City of New London, Tina Collins EEOC No: 16A201501357 . Dear Sir/Madam: A complaint. referenced above, has been filed against you with the Commission. A copy of the complaint is attaohed. The enclosed General Notice advises you of your rights, duties and reopensibilities. Please read carefully the Information contained in the notice. Also enclosed is important information with respect to the no fault conciliation process. The Commission is available to assist you if you wish to pursue settlement of this complaint. You must file a written answer to the complaint under oath with the Commission vvithln 30 days of receipt of the complaint. if you fail to answer the complaint within this time, you may be defaulted by the Commission. You have a duty to certify to the Commission that you have provided the complainant with copies of all documents you file with the Commission. For your convenience and use, the enclosed Codification Form is made available. If i can be of further assistance. please do not hesitate to contact me. Sincerely, ?d?t?t?r 57% James M. Regional Manager JMF:lml encs: Complainant?s Attorney: Michael McMinn CITY OF NEW LT CITY CLERK inmates A s. it. Issued 4/94 State of Connecticut COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES Norwich Regional Office 100 Broadway, Second Floor, Norwich, CT 06360 323.- (560)336-5703 7; (same-2550 - ?emam Egmmd?w?caguat?i ?ee-pie June 26, 2015 DOUBLE-SIDED COPIES Jonathan Ayala: RE: Case No. 8: Name: 1540433I01ivero vs City of New London, RD. EEOC No: 16A201501355 Dear Sir/Madam: A complaint. referenced above. has been filed against you with the Commission. A copy of the complaint is attached. The enclosed General Notice advises you of your rights, duties and responsibilities. Please read carefully the information contained in the notice. Also enclosed is important information with respect to the no fault conciliation process. The Commission is available to assist you if you wish to pursue settlement of this complaint. You must file a written answer to the complaint under oath with the Commission within 30 days of receipt of the complaint. if you fail to answer the complaint within this time. you may be defaulted by the Commission. You have a duty to certify to the Commission that you have provided the complainant with copies of all documents you file with the Commission For your convenience and use, the enclosed Certification Form Is made available. if i can be of further assistance, please do not hesitate to contact me. Sincerely, em 7% James M. Regional Manager encs: Complainant?s Attorney: Michael McMinn CITY UF NEW I CITY LLEORNKDOH ot- A 9. i9 13.9qu 4/94 SLOGBR Revised 9/2011 State of Connecticut. COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES Norwich Regional Office 100 Broadway, Second Floor, Norwich, CT 06360 ID: (360)333-5703 (360)336-2550 . #3?:me 3W a??wmguaw?m June 26. 2015 DOUBLE-SIDED COPIES Jonathan Ayala: RE: Case No. .Name: 154043210livero vs City of New London EEOC No: 16A201501354 Dear SirlMadarn: A complaint. referenced above. has been flied against you with the Commission. A copy of the complaint Is attached The enclosed General Notice advises you of your rights, duties and responsibilities. Please read carefully the information contained In the notice. Also enclosed is important Information with respect to the no fault conciliation process. The Commission is available to assist you if you wish to pursue settlement of this complaint. You we; file a written answer to the complaint under oath with the Commission within 30 days of receipt of the complaint. if you fail to answer the complaint within this time. you may be defaulted by the Commission. You have a duty to certify to the Commission that you have provided the complainant with copies of all documents you file with the Commission. For your convenience and use, the enclosed Certification Form is made available. If I can be of further assistance. pleasedo not hesitate to contact me. Sincerely. ?ames 776'. 7% James M. Regional Manager encs: Complainant's Attorney: Michael MoMinn NEW OHDlii-lsfii CITY UCITY CLERK Z?l? JUN Zq A let Issued 4/94 SLOG3R . Revised 9/2011 0 AT silt ?llixgr?i?; :1 AXELROD (St, ASSOCIATES LLC ATTORNEYS LAW EMPLOYMENT DISCRIMINATION 8: PROTECTING YOU IN THE WORKPLACE Connecticut 8; New York Attorneys at Law June 5, 2015 Comteoticut Commission on Human Rights and Opportunities EASTERN REGION OFFICE 100 Broadway Norwich, CT 06360 Re: Olivero v. City of New London, et 31 To Whom It May Concern: Attached hereto are the following completed and notarized documents for ?ling with the Connecticut Commission on Heroes Rights and Opportunities (hereinafter, the A charge of discrimination against the named Respondent. A request that CHRO investigate Olivero?s complaint. Notice of Complainant?s Duty to Cooperate (form 002); Notice of right to request processing by the Notice of Right to Request Review; Intake Acknowledgement Form; Authorization to release information from Olivero?s records. A statement of Remedy; Form 103(1) regarding prior complaints ?led by me with CHRO. 559??499zh9?h?1" Please also accept this letter documenting the appearance of Axelrod 8: Associates, on behalf Oliyero. hank you fer your assistance in this matter. Sincerely, CITY OF NEW ET CLERK Z?l5 JUN A (is 2G JOHN Lit} wit 3? .13. Attorney Mi heel McMinn . Phone: 203.339.6526 3 Lunar Drive Fax: 203.389.2656 Wanderldge. Connecttcut 06525 FORM 103(1) STATE OF CONNECTICUT COMMISSION ON HUMAN RIGHTS-AND OPPORTUNITIES Eastern Regional Office 100 Broadway, Norwich. CT 06360 AFFIDAVIT OF ILLEGAL DISCRIMINATORY PRACTICE 1? Ivar: MN 25 CASE No. 5 LIO ?'59 DATE: 6/5/2015 EEOC No. My name Is OLIVERO My mailing address Is 23 Blumethal Drive. Uncasville. CT 06382 My email address Is The respondent is CITY OF NMNDON Whose business address is 13 Masonic Street. New London. CT 06320 I was: discriminated against In terms and conditions of employment on or about May 18. 2015 terminated on or about I7 not hired/not promoted on or about suspended on or about not rented a dwelling on or about placed on probation on or about I I harassed Elsexually harassed on or about CI demoted on or about CI earning a different rate of pay on or about warned on or about constructively discharged on or about given a poor evaluation on or about retaliated against on or about 5i18i20'l5 denied a raise on or about not hired due to a BFOO on or about less trained on or about I not hired due to a disability on or about El denied an of?ce on or about delegated difficult assignments on or about denied service (5) on or about Iotl?ler not accommodated I believe that my: race national origin ancestry color age DOB: alienage religion creed marital status CI familial status El sex male female CI sexual orientation physical disability Elpregnancy Kl mental disability/disorder learning disability prior criminal'record lawful source of income previously opposed discriminatory conduct FORM 103(1) Was in part a factor in this action; i believe that the respondent violated the following Connecticut General Statutes and acts listed below; enforced through Section 46a-58ia) (if applicable): CONN. GEN. STAT. CONN. GEN. STAT. CONN. GEN. STAT. GEN. STAT. CONN. GEN. STAT. CONN. GEN. STAT. 46a-64( CONN. GEN. STAT. 46a-64a( )0 CONN. GEN. STAT. 54661?70 i) CONN. GEN. STAT. 46a-71 CONN. GEN. STAT. was-so CONN. GEN. STAT. Title VII of the Civil Rights Act of 1964. 42 U.S.C 2000e-2 {site for 15 individuals employed} )Age Discrimination in Employment Act of 1967, 29 U.S.C. 621-634 {cite for over 20 individuals employed} Americans With Disabilities Act, 42 U.S.C. 12101 et seq. (- Equal Pay Act of 1964, U.S.C. 206 Section 504 of the Rehabilitation Act of 1973 - x) other Rehabilitation Act. 29 U.S.C. ?794. at. Sea. i provide the following particulars: PLEASE TYPE 0R PRINT THE INFORMATION) See attached affidavit {law mail out affidavit revised 10(2011) 10. 11. 12. 13. 14. AFFIDAVIT 0F OLIVERO 1 are over the age of 18 and believe in the obligations of an oath. The facts stated herein are true and correct to the best of my knowledge and belief. I reside at 23 Blumenthal Drive, Uncasville, Connecticut. I am a Caucasian. The Respondent, City of New London, is located at 13 Masonic Street, New London, Connecticut. I The Respondent, City of New London .Police Department is located at 5 Governor Blvd, New London, CT 06320; The Respondent, Deputy Chief Reichard, is located at 5 Governor Winthrop Blvd, New- London, CT 06320. The Respondent, Captain Bergeson, is located at 5 Governor Winthrop Blvd, New London, CT 06320. The Respondent, Paul Gills, Risk Manager, a City of New London employee, is located at 13 MasonicStreet, New London, CT 06320. A The Respondent, Human Director, Tine Arm Collins, a City of New London employee,.is located at 13 Masonic Street, New London, CT 06320. The Respondent, Mayor Finizio, is located at 13 Masonic Street, New London, CT 06320. I routinely perform the duties of my job in a satisfactorily manner. For approximately seven (7) years, I worked for the City of New London, at the New London Police Department. Forepproximately four (4) years, I worked in the Records Section as a Police Records Clerk, where my immediate supervisor was sergeant Gregory Moreen, until I was -1. 15. 16. 17. 18. 19. 20. 21. subsequently promoted on January 15, 2011 into the position of Police Secretary,? assigned to work in the Administration Division, where my immediate supervisor was Chief of Police Margaret Ackley. The were made aware that I had a neurological disease, most likely Multiple Sclerosis (MS), in or about January 4, 2011, which was formally diagnosed as MS on February 21, 2015. i I informed Respondents of my M8 on March a, 2015. I ?led a prior CHRO complaint on April 10,2014, (?2014 against AFSCME Council 15 (Connecticut Council of Police) and Local 724; Union President Todd Gordon Videll; Kathleen Mitchell; Barbara Cr'ocker; and Executive Board Members, Charles and Je?i-ey- Kalelo, alleging discrimination based upon" my sexual orientation, gender, my past and current interracial relationships, and aiding and abetting. The Respondents in this action are ?illy aware of my 2014 CHRO because all of the supervisory staff, inclusive sergeant, of?cers, are members of the Police Union, with the exception of Deputy Chief Reichard, who has ?rsthand knowledge, as he was contacted for information regarding the allegations 2014 CHRQ Complaint. Currently, my immediate supervisor is Sergeant Moreen. On September 3, 2014, my 2014 CHRO received a positive Merit Assessment Review Since I ?led my 2014 CHRO, I have been unfairly disciplined on multiple occasions, and treated with hostility, and discriminated against lay the Police Department?s Command Staff; as set forth below. 22. 23. 24. 25. 26. 27. One week after receiving a positive MAR on my 2014 CHRO, on September 10, 2014, I became the only civilian Administration staff member to have received a letter of reprimand for the pennittcd practice of liberal Vacation tirnc usage. I was forced to take tirne off as unauthorized leave without pay - the permitted practice continues. In October, 2014, I was unfairly verbally berated over an hour, related to ?nancial accounting-of police uniform balances, for mistakes that other employees had made, which was subsequently negatively re?ected in my performance evaluation. Two months after receiving a positive MAR on my 2014 CHRQ, I received a less than positive review on November 5, 2014. In addition, since the ?ling of my 2014 CHRO, my job responsibilities'have changed drastically in that I had much more signi?cant job responsibilities; now, I have less meaningful ministerial tasks. In late February, 2015, due to the unbearable stress and unfair treatment at work, I was hospitalized for six (6) days doe to a severe MS exacerbation, which caused me to have to go on medical leave, commencing February 23, 2015. Four weeks into my medical leave, I received a phone call from Captain Bergeson, stating that the location of my desk was now being relocated from the 3rd ?oor to the 2??1 ?oor Records Section, the busiest ?oor, located in a highly stressful, chaotic, and noisy area, on the busiest ?oor, in the busiest of?ce, located far away from the female employee?s restroom, located on the 3rd ?oor, with limited access only to the mlgli_c restroom, which requires a key entry. .. cum-m. .. . .. - .. .. .. 28. 29. 30. 32. 33. 34. 35. 36. 37. Not only is the bathroom I am required to use public, but it is also located in the lobby, which is oftentimes a dangerous place inasmuch as employees who work on the 2nd ?oor are located behind bullet-proof glass and looking doors. All of the other employees performing secretarial tasks are located on the quiet 3rd ?oor. I am the only secretary not on the 3rd ?oor. The 2??1 floor is known to be chaotic and extremely noisy. At that thus, I informed Captain Bergeson, via email, that the are-location would not accommodate my needs, as I needed to be closer to the restroom, and in a less-stress?il environment. The following day, I had a meeting with Captains Bergeson and Wright and I reiterated my requested accommodations - they said they would speak to Deputy Chief Reiehard and get back to me. The next day, I emailed Captain Bergeson again reiterating my concerns and Captain Bergeson emailed I?ll-6 back af?rming that the Respondents? position is that i would still be re-loeated to the Records Section, despite my request. Notwithstanding my know disabilities, the Respondents have re?tsed to accommodate me and have not provided me with a reason for the movement of my work station. The desk where I had requested to he moved to (which would meet all of my medical needs) was dismantled after my request and replaced with a waiting area - which is completely unnecessary. In an attempt at personal acconunodation, on March 24, 2015, since the Respondents had re?ised to accommodate me, I applied for a lower paying, clerical position, within the City of New London. .4. 33also emailed Mayor Finizio (the ?Mayor") and the Haitian Resources Director, Tina Ann Collins (?Collins? appealing the decision of the relocation of my desk to the chaotic Records Section. 011 March I met with Collins and said she would look into the situation and get back to me. On April 1, 2014, Collins emailed me and stated that I would he rte-located to the Records Sections, Le. not accodnnodated and one week later informed me that I was not eligible for the clerical position I applied for either, allegedly because of the City?s Personnel Rules. I further attempted to seek an several times by Speaking with members of the Police Department Command Staff: however, no accommodation was ever made. Subsequently, my Neurologist extended my medical leave item 8 weeks to approximately l8 weeks. - - My doctor?s note, dated April 8, 2015, was submitted to Collins, via email. My April 8"1 doctor?s note informed Collins that I am still being treated for MS and that it is "medically necessary? that I have a ?work space that is close to a restroom due to urgency and incontinence, and away ?'om a chaotic environment due to problems with concentration, which are associated with [my] diagnosis of multiple sclerosis.? A second doctor?s note, dated April 16, 2015, was submitted to Respondents, which stated that I have been under my doctor?s professional care and unable to attend work from April 20, 2015 through July 6, 2015 and that my status would be re-evaluated on July 6, 2015. .5- 4SApril 20, 2015, I wrote a certi?ed letter to Collins in HR, stating that, due to medical necessities, related to my MS, according to doctor?s orders, I needed to be out of work from April 20, 2015 through July 6, 2015. My April 20?" letter attached my doctor?s notes, dated April 8th and 16th. 011 May 8, 2015, my doctor cleared me to return to work on Monday, May 11th with the following restrictions: it is medically necessary for me to: ?have a work space that is close to a restroom due to urgency and incontinence;" (ii) that I be ?away from a chaotic environnient due to problems with concentration, which are associated with [my] diagnosis of multiple sclerosis.? and that I ?may also require periodic absences due to [my] medical condition and for medical appointments.? My neurologist only cleared me as I was prescribed multiple medications to help with my fatigue and cognition and had been asking for approved leave, past my 12 week allotted FMLA time and no one would respond to my repeated requests. That same day, May I emailed Deputy Chief Reichard and Collins twice, informing them to let me know when a work space is available that meets my medical requirements, so that I could return to work. On Monday, May ll, was unable to return to work because the City had not noti?ed me of any accommodations whatsoever, a work space located near a restroom and away from any chaotic environment. On the evening of May 12th, since I was not able to return to work, I received a hand- delivered note from Deputy Chief Peter Reichard, the acting Police Cl?ef, delivered by a uniformed police of?cer, in a marked police cruiser, ordering the to return to work on May 13th. This caused my neighbors to become alarmed, who came out of their homes to 51. 52. 53. 54. 55. observe the situation, which was personally and professionally humiliating and embarrassing, causing me increased stress and distress. On May I attended work as ordered and was required to attend a meeting about an unnecessary Internal Affairs investigation looking into my ?les, which were kept in a routine manner, which was solely conducted to harass me. At that same meeting, I spoke with Rich Waselik, the department chosen Union Steward and discussed my ADA accommodation in which he stated that the union does not deal with ADA issues. On May 13th, I was still not accommodated and was required to work in the Records Section. As a result, I urinated on myself due to the new location ofrny desk, not being situated in close proximity to a restroom, and the fact that it?s a public restroom, which requires a key, that did not work properly. After this incident, I left for the duration of the day. . The following morning, on May I was. written up by Captain Bergeson for leaving work on May 13m.without adequate leave time available, despite the fact that I had left on the l3th because I was urine soaked, due to the Respondents? failure to accommodate the and situate me in close proximity to a restroom On May 14?, forlthe second day in a row, I urinated on myself; due to the fact that my desk is not located in close proximity to a restroom, and that I am ordered to use a public restroom, which requires a key, which does not work properly. 0n May-14m, I emailed Collins in HR and informed her that the NLPD is not meeting my restrictions and that it seems Respondents are intentionally making things dif?cult for me, i.e. creating a hostile work enviromnent. 56May 14th email, reminded Collins that I'm supposed to be in an environment that is not chaotic due and that the of?ce I?m in is extremely noisy and that i have to use foam earplugs and headphones designed to muf?e loud gunshot noise in order to concentrate. My May 14?? email also reminded Collins that I'm supposed to be located in close proximity to the restroom and two days in a row the key did not work properly for the public restroom, causing me to urinate on my clothes. (Sgt. Moreen said he is going to haVe Public Works try to ?x the key.) My email thither stated that on May I had to leave early becauseI was urine soaked, as was the bathroom ?oor, and that I have no leave time leit as it was exhausted during my FMLA time. I also told her that I brought a change of clothes, but still had to walk in front of my colleagues with urine on my pants, which was completely humiliating. My May 1411? email reminded Collins I had been cleared to return to work with restrictions and I sent'Deputy Chief Reichard and Collins a request to let me know when. an accommodating workspace is available so I am able to return to work. No one ever advised me if my accommodations could be met. My May email reiterated that, my for duty" is conditional. The NLPD is holding me accountable for the for duty" part, but ignoring the limitations, and their obligations to accommodate my restrictions. I also made Collins aware of the unnecessary IA investigation and that it is very apparent that the Respondents are going out of its way to create problems for me. My May Iiith email requested Collins to respond if my leave had been approved. The NLPD advised me that if I missed any time, even if I'm ill or have medical appointments, without pro?approved leave, I. would be written up. - mmun?u??u?u?mu?mu. - . 63informed Collins, via my May 14?1 email that the intentionally doing things to embarrass me, humiliate me, and cause me stress and distress such as sending a uniformed police of?cer in a police cruiser to serve the at my home, endanger my health, humiliate me, and invent reasons to write me up. My May 14th email told Collins that given the refusal to meet my medical needs, I needed to go on approved leave until they can accommodate me or another position opens in the City of comparable pay. I On May I forwarded my May 14?h email to Mayor Finizio asking for his immediate intervention, urging the Mayor to approve my leave. Subsequently, on May I emailed Sergeant Moreau and mforxned him that I would be out of work sick on the 15m, using my FMLA timeMay 15th email also reminded Sergeant Moreen to have the bathroom key ?xed, as we previously discussed, and to have the door ?xed as it closes extremely slowly, even when I push it. I also emailed the Mayor on May odd to Tina Collins (the HR Director), Peter Reichard (Deputy Chief; then Acting Chief), Marianna McGuitk (the vice-president of my union?s local), and ef?ey Londregan, the City's attorney reiterating my neurologist's restrictions, is. cannot work in a chaotic environment; (ii) have to be within 30 feet to a bathroom, due to orgency and moontinenoe; and I would need to use FMLA time next week. I informed Collins that until I receive information that the City is able to provide these accommodations, I am requesting to he placed on leave until further notice. 69. '70attempted to return to work ?while climbing the multiple stairs to enter the building, I fell on the dilapidated concrete stairs, skinned my shin and?hit my head on the brick wall, causing me to have a large bump on my head and severe lower back pain. I was taken to the Lawrence and Memorial Hospital Emergency Room, via amblilance. On May 18th, the Department had made no changes to my work space, even after having received another doctor?s note on May 15th. Sergeant More-an informed me that no changes are being made. Five days prior to my fall, on May I emailed Captain Wright and Collins in HR and asked for a handicapped spot or some other parking space located at the top of the hill because of my dif?culty with stairs and hills. NLPD refused to accommodate me and offer any assistance with the parking, disregarding my request for a more accessible way to enter the building. Speci?cally, on May Captain Bergeson emailed me and completely refused my accommodation for a parking handicapped parking spot. Following my emergency room treatment on May 18th, I emailed Sergeant Moreau- and Brenda Fleming, Assistant to the Chief of Police, attaching my physician?s note from the Emergency Room, which stated that I was required to be out of work until I was cleared by Occupational Health. On May emailed Paul Gills, the Risk Manager for the City and informed him that the NLPD isn?t meeting my required accommodation for MS and associated incontinence and that I had to leave an hour early (covered in urine) and had got mitten up ?for leaving. The next day, I minatcd on myself, but had brought a change of clothes now I always have spare "diapers" with me; since Respondents have re?ned to accommodate my repeated reqnest?s,? 75. 76. 77. 78. 79. I further informed Gills that I?ve ofl?ered viable alternatives for accommodations and that my physician's note clearly states that I need to be in an environment with fewer distractions and without chaotic cross conversations between cubicles, due to dif?culties with concentration. My neurologist stated that I need to be in an cnvh'onment that is 30 feet from a restroom without obstructions such as locks and stairs due to urgency and incontinence, I have what is called a "neurogenic bladder", that has gotten much Worse since my MS exacerbation in February, 2015. I also explained to Captain Wright that the stairs and hills are dif?cult for me to walk up and I suggested that I have a reserved Spot, as past of an accommodation for my debilitating disease, so that?l can enter the building without climbing the atrociously kept staircase - my request was denied. I informed Gills of the three accommodations that I require: a safe way to enter the building, which is currently not handicapped accessible; (ii) a quiet work space (without people constantly?talking feet from my head); and I need to be no more than 30 feet ?'om a restroom that is not obstructed by locks and/or stairs. I also informed Gills that I had to put foam earplugs in and wore ballistic headphones, which helped to buffer some of the talking, but are very uncomfortable and did not block out all of the constant loud tallcing. I'm also concerned that I may not hear direction given to me, and - once again get written up if something isn't done. I've attempted to use the 80. 81. 82. 83. 84. 85. 86. 87. bathroom in the lobby, only to end up having to walk in front of colleagues in urine- soaked clothes two days in a row. I?m trying so hard to make this work and be back at work. I informed Gills that I feel like the NLPD does not want to deal with my MS, and, as such are attempting to force me to quit, by blatantly disregarding apprOpriate and reasonable accommodationsfollow-up appointment with Occupational Health, due to pain in my back and neck. To date, I remain out of work, due to the injury caused by the fall on the Respondents? steps leading into the building. I Respondents are in violation of the Rehabilitation Act, 29 U.S.C. ?794, et. seq., for discriminating against me, failing to me, retaliating against and creating a hostile work environment. Respondents violated the Americans with Disabilities Amendments Act by discriminating against me due to my disability and failing to make the necessary accommodations, retaliating against me because of my disability and for ?ling my 2014 CHRO Complaint, and creating a hostile work environment. I Respondents are in violation of C.G.S. See. for discriminating against one due to my disability, and failure to make the necessary accomodations. Respondents are in violation Sec. for retaliating against me. Respondents are in violation of C.G.S. Sec. by allowing my emperyisors to aid and abet each other?s discriminatory actions against me due to disability and multiple requests for an accommodation. .12- 88. act1ons have can . sed me to su?'er monetary damages and emotional distress -13. FORM 103(1) i request the Connecticut Commission on Human Rights and Opportunities investigate my complaint. secure for me my rights as guaranteed to me under the above cited laws and secure for me any remedy to which i may be entitled. OLJVERO being duly sworn. on oath, 'states that she is .the Complainant herein; that she has read the foregoing complaint and knows the content thereof; that the same Is true-of her/his own knowledge. except as to the matter herein stated on information and belief and that as to these matters s/he believes the same to be true. Dated in Woodbridge on this 5th day of June, 2015. wall (0%piainant's Signature) Subscribed and sworn to before me on June 5. 2015 (Date) WK Michael Commissioner of the Superior Court {Iawmalt out atfidavtt revised 10.9011) GENERAL NOTICE - NO FAULT CONCILIATION TO: Complainant. Respondent and their Attorneys FROM: James M. Manager DATE: June 26, 2015 SUBJECT: GENERAL NOTICE: NO FAULT PROCESS Please be advised that the Commission has a No Fault Conciliation Process. The No Fault Conciliation process is a voluntary, effort on behalf of the parties to settle the complaint without regard to fault. As such, the Commission engages no efforts to determine liability. Practically speaking. the Commission's No Fault Conciliation process can only be initiated by the Respondent requesting the same. However, the Complainant is at liberty to call the prooess?to the Respondent's attention. The Commission will not assist in the process absent interest by the Respondent. To be successful, a No Fault Conciliation Agreement must be signed by the parties and approved by the Commission, prior to the due date of the Respondent's Answer, which generally speaking is 30 to 45 days from the date that the complaint is served upon the Respondent. You should be aware of the fact that presently your participation is a voluntary matter over which you have sole discretion. However, as the investigative process goes fonvard, you may be compelled to participate in the Commission's conciliation processes. Pursuant to Section 4621-836) of the Connecticut General Statutes {formerly Public Act 94-238) the Commission has the authority to default either party who, without good cause. fails to participate in its Mandatory Mediation Process. Thetefore, it is critical that you make the decision to participate slow, when you may do so, on terms and conditions most favorable to your interest. I The parties will derive, at a minimum, the following benefits as a result of participating in No Fault conciliation: 1. The complaint will be disposed of within 30-45 days of ?ling; 2. Complainant will avoid the risk of an adverse decision dismissing the complaint for lack of merit, and the cost and time it would take to challenge the dismissal on appeal; and 3. Respondent will avoid the time and the estimated thousands of dollars, incurred'in managerial personnel cost and attorney?s fees that is frequently incurred in preparing and filing the Answer. ityou?re interested in participating in this process. please call the Regional Manager. SEQIION ii: MAKE WHOLE RELIEF 1. what ls Make Whole Relief And How Does It Work? Both parties should be aware of the Make Whole Relief provision established in 0.6.8. ?46a-83(c) (formerly Public Act 94-238). This provision gives the Respondent the right to control its cost and limit its exposure to liability by settling the complaint despite opposition by the Complainant. 2. yyhat Constitutes Make Whole Relief in order for the Commission to find that the Respondent has submitted a make whole relief offer. C.G.S. ?46a?83(b) requires Respondent to: eliminate the discriminatory practiceis) complained of; (2) take steps to prevent like occurrence(s) in the future: and (3) offer full relief, Including back pay, to the Complainant even though Complainant refuses 'such relief. Case No. 1540432 Oliverc vs City of New London - EMPLOYMENT SCHEDULE A Request for Information 1. State the full legal name of the respondent. 2. State the proper address of the respondent?s facility where the complainant alleges that an act or acts of discrimination occurred. 3. if the respondent is incorporated, indicate under what state's laws it is incorporated. 4. State the address of respondent's corporate headquarters. 5. State the name and address of respondent's agent for service. 6. if the respondent is currently the subject of bankruptcy proceedings. or has been the subject of bankruptcy proceedings during the past three years, provide documentation of the current status of such proceedings. 7. State the name, title and address of the individual to be contacted for further information in this matter. 8. Separately state the number of respondent's employees in Connecticut and at the facility where the cemplainant alleges that the discriminatory conduct occurred. 9. Submit a response, in "admit," "deny" format, to each allegation of the complaint. For each allegation that is denied, submit a statement that sets forth the facts upon which you rely in your denial. Please submit any and all documents and written statements of your witnesses or participants to support your position. --10. Submit copies of all Written rules, policies and procedures relating to the lssue(s) raised in the complaint. If these are not in writing, explain the rules, policies and procedures. it. lithe complainant was discharged, disciplined, or subject of any other Page 1 of 3 adverse employment decision, submit the following information: Date complainant was advised of the act complained of; Explain in detail the reason(s) for the action taken; . Identify the pers?on(s) recommending the action(s) at issue, including name, position held, race, sex, age and disability (if any) as appropriate; identity the person(s) making the final decision, Including name, position held, race, sex age and disability (If any), as appropriate; Provide a copy of any evaluation(s) or investigative report(s), and all other relevant documents relating to the act; Provide a list of all employees who committed the same or substantially similar offense(s) that the complainant committed. and the disciplinary action taken against each of them. Supply backup documentation for the listed employees. identify each employee by name, position held, race, sex. age and disability (if any), as appropriate; List all employees discharged or who received the same discipline as the complainant within the past two years. For each employee listed. include employee's name, position held, reason for and date of discipline, race, sex, age and disability (if any), as appropriate. Provide a copy of the discipline or separation notice for each person. 12. if the complainant was denied a promotion or not hired, provide the following information: Describe the selection process, and provide copies of documents describing theprocess. if available; to.) Describe the job at issue, indicating the quali?cations sought. Provide a copy of the written job description, as well as a copy of any advertisements or internal postings for the position at issue; Provide applications and resumes for all applicants for the position. identify the successful candidate orcandidates; Eirplain why' complainant was not selected. and why the successful candidatets) was selected; I Page 2 of3 Provide other examples of promotions or hire for similar positions; identify by race, sex age and disability (if any), as appropriate, all individuals holding the same title as the position sought by the complainant; 9.) Identify the person(s) recommending the actionis) at issue, including name, position held, race, sex, age and disability [if any), as appropriate; . Identify the person(s) making the final decision, including name, position held, race, sex, age and disability (if any), as appropriate. 13. If this complaint alleges a failure to hire. failure to promote, demotion or termination of employment, provide the rateis) of pay for the position(s) at issue. 14 if this complaint involves a claim of physical disability, did you make any attempts to reasonably accommodate the disability at issue? If so, please detail them. 15. Provide any other information andfor explanation you deem relevant to this complaint. and any other information which will assist the Commission in reaching a decision' in this matter. Page 3 of 3 SETTLEMENT AGREEMENT, RELEASE AND COVENANT NOT TO SUE This Settlement Agreement, Release and Covenant Not to Sue (?Agreement?) is made by and between Olivero and the City of New London (collectively ?the parties?) in light of the following circumstances: WHEREAS, a dispute has arisen between OLIVERO and the CITY, and OLIVERO has asserted that the CITY, the New London Police Department Daryl Finizio Paul Gills Tina Collins Peter Reiehard and Todd Bergeson discriminated against her because of her disability, failed to accommodate her disability, retaliated against her and aided and abetted discrimination in violation of the Americans with Disabilities Act, as amended, 42 U.S. C. 12101, et seq., the Rehabilitation Act, 29 U.S.C. 794, et seq. and the Connecticut Fair Employment Practices Act, Conn. Gen. Stat. (4) and and WHEREAS, there is now a pending claim in the Connecticut Commission on Human Rights and Opportunities and the Equal Employment Opportunity Commission (Qnthia Olivero V. City of New London, New London Police Department, Dam . Finizio, Paul Gills, Tina Collins, Peter Reichard and Todd Bergeson, (CHRO Nos. 1540432, 1540433, 1540434, 1540435, 1540436, 1540437, 1540438 and EEOC Nos. 16A201501354, 16A201501355, 16A201501356, 16A201501357, 16A201501358, 16A201501359, 16A201501360) brought by OLIVERO against the CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD and BERGESON on which a ?nal determination on the merits has not been made; and WHEREAS, although the CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD and BERGESON strongly deny all of claims, charges and allegations that the CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD or BERGESON discriminated or retaliated against her, harassed her, failed to accommodate her and/or aided and abetted each other, and all of other claims, charges and allegations, and although the NLPD, FINIZIO, GILLS, COLLINS, REICHARD and BERGESON strongly deny that they have any liability for their treatment of OLIVERO, OLIVERO and the CITY, on behalf of itself and the NLPD, FINIZIO, GILLS, COLLINS, REICHARD and BERGESON, desire fully and ?nally to resolve, compromise and settle the CLAIM on an amicable basis and to avoid the uncertainty, expense and burden of proceedings within the CHRO and EEOC, the internal complaint (as described in paragraph 3) and any other litigation in any administrative agencyor in any court of law which has occurred or occurs between or involving OLIVERO, the CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD and BERGESON before OLIVERO signs this Agreement. NOW, THEREFORE, in consideration of the promises and covenants contained herein, OLIVERO and the CITY agree as follows: 1. The CITY agrees to pay OLIVERO iffy?F our thousand Dollars and Zero Cents (?settlement proceeds?) in full and final settlement of the CLAIM. Two checks will be issued by the Connecticut Interlocal Risk Management Agency insurer for the CITY. The first will be made payable to Olivero, c/o Axelrod Associates, in the amount The second will be made payable to ?Axelrod Associates, in the amount of $18,000.00 and will represent attorneys? fees in this matter. OLIVERO recognizes that the settlement proceeds represent all monies owed to her, including all wages up to and including the date on which OLIVERO signs this Agreement, costs and attorney?s fees incurred by OLIVERO and all potential compensatory damages. The consideration set forth in this paragraph is that which she is not otherwise entitled to but for this settlement and entry into this Agreement. Settlement proceeds will be received by OLIVERO, care of her attorney, after OLIVERO has withdrawn the CLAIM and internal complain, as described in paragraph 3. OLIVERO further agrees that the payments made pursuant to this Agreement are in order to settle disputed claims. Notwithstanding the above, the CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD and BERGESON disputes that OLIVER is a prevailing party or that she would otherwise be entitled to any of the consideration paid pursuant to this Agreement, except by virtue of this Agreement. 2. OLIVERO acknowledges and agrees that neither the CITY nor its representatives have made any representation to her regarding the tax consequences of any amounts received by her pursuant to this Agreement. OLIVERO agrees to pay federal, state and/or local taxes, if any, which are required by law to be paid with respect to this settlement. OLIVERO further agrees to indemnify and hold the CITY harmless from any claims, demands, deficiencies, levies, assessments, executions, judgments or recoveries by any governmental entity against the CITY for any amounts claimed due on account of this Agreement or pursuant to claims made under any federal, state or local tax laws, and any costs, expenses or damages sustained by the CITY by reason of any such claims, including any amounts paid by the CITY as taxes, attorneys? fees, de?ciencies, levies, fines, penalties, interest or otherwise, except for the employer?s portion of the social security taxes or any penalties or interest that arise from non-payment of same. OLIVERO further agrees that the tax consequences to her of this Agreement shall have no effect whatsoever on the enforceability of this Agreement. 3. OLIVERO agrees to withdraw, with prejudice, the internal complaint ?led by her with the CITY on November 13, 2015 (?internal complaint?). 4. The CITY agrees that any disciplinary or investigatory documents in personnel file, or stored elsewhere within the CITY or NLPD, will be segregated in a sealed envelope marked Said discipline will not be considered in future disciplinary actions, should there be any. The documents will not be disclosed unless required to disclose them by law or lawful judicial order. 5. OLIVERO agrees not to sue, agrees not to make, file, pursue or institute any claims, complaints, charges, actions, lawsuits or legal proceedings of any kind, and unconditionally waives all rights of recovery against the CITY, NLPD, FINIZIO, GILLS, COLLINS, REICI-IARD and BERGESON, their elected officials, agents or employees, individually and in their official capacity, and against the and agencies, insurers, and their successors and/or assigns, and all past, present or future elected of?cials, directors, officers, shareholders, employees, agents, representatives, attorneys and insurers (including CIRMA) of all the foregoing entities and people, both personally and as elected officials, directors, of?cers, shareholders, employees, agents, representatives, attorneys, elected official and insurers (hereinafter before or in any agency, arbitration panel or board, court or other forum, and unconditionally agrees to waive, release and forever discharge the CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD, BERGESON and RELEASEES from any and all manner of claims, agreements (except this Agreement), contracts, controversies, demands, damages, sums of money, wage payments, covenants, promises, obligations (including any tax obligations for which OLIVERO may become liable or be claimed to have become liable as a result of this Agreement), torts, liabilities, and causes of action, in law or in equity, whether known or unknown, asserted or unasserted, suspected or unsuspected, which OLIVERO ever had, may have had, now has or may have or which her heirs, executors, successors, assigns and/or administrators hereafter can, shall or may have, arising in any way from her employment by the CITY, her associations with the CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD, BERGESON andXor other RELEASEES, or from any actions taken by or omissions of the CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD, BERGESON or other RELEASEES up to the date of signing of this Agreement. This waiver and release and covenant not to sue shall include, without limitation: any claim for wrongful, bad faith or retaliatory discharge, breach of contract, violation of the covenant of good faith and fair dealing, misrepresentation, violation of public policy, promissory estoppel, negligence, defamation, false light, infliction of emotional distress, invasion of privacy, personal and physical injuries, other torts or any other common law claims, any claims arising under the Federal Age Discrimination in Employment Act of 1967, as amended; The Older Workers Bene?ts Protection Act; Title VII of the Civil Rights Acts of 1964, as amended; the Civil Rights Act of 1991; the Rehabilitation Act of 1973; the Americans with Disabilities Act; the Federal Equal Pay Act of 1963, as amended; the Connecticut Fair Employment Practices Act (C.G.S. Section 46a-51 et seq); The Employee Retirement Income Security Act (ERISA), as amended; the Federal Family and Medical Leave Act of 1993; the Connecticut Family and Medical Leave Act; the federal Fair Labor Standards Act; the Connecticut Wage laws (C.G.S. Section 31-70 et seq); any claim arising out of the federal and/or state constitution; or any other federal, state or local statutes or regulations, (0) any claims asserted or which could have been asserted in the CLAIM and/or internal complaint, or any claims for attorneys? fees, experts? fees, expenses or costs; provided, however, that the release of claims in this paragraph shall not apply to: any claims for unemployment or workers? compensation benefits filed by or (ii) claims for retirement benefits, pension, 401(k) plan, savings plan or any other employee benefit plan benefits to which OLIVERO may be entitled as a result or consequence of his employment at the CITY, or any other employer. This provision shall not be interpreted as a confirmation that OLIVERO is entitled to any of the specific bene?ts mentioned. OLIVERO also specifically releases the CITY and RELEASEES from any and all claims that may exist under the Federal and State wage and hour laws. The release of claims in this paragraph shall not apply to any claim that arises after this Agreement is executed. 6. OLIVERO AGREES THAT, BY SIGNING THIS AGREEMENT, OLIVERO WILL HAVE WAIVED ANY RIGHT SHE HAS, MAY HAVE, EVER HAD OR MAY HAVE HAD TO BRING A LAWSUIT OR MAKE ANY LEGAL CLAIM AGAINST THE CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD, BERGESON OTHER RELEASEES THEIR ELECTED OFFICIALS, SUCCESSORS, REPRESENTATIVES, FAMILY MEMBERS, ASSIGNS BASED ON ANY ACTIONS TAKEN BY OR OMISSIONS OF THE CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD, BERGESON OTHER RELEASEES UP TO THE DATE OF SIGNING THIS AGREEMENT, EXCEPT AS MAY BE SPECIFIED OTHERWISE HEREIN. 7. Notwithstanding the foregoing language, nothing in this Agreement shall prevent OLIVERO from enforcing the terms of this Agreement and OLIVERO has not waived nor released any claim for a breach of this Agreement or any claims which are based on facts or events which may arise or occur after OLIVERO signs this Agreement. 8. OLIVERO agrees that she will forbear from pursuing and will withdraw the CLAIM, grievances and/or complaints, including the internal complaint, related to the CLAIM that she has filed with the CITY, any administrative agency, any court of law and/or their agents with prejudice, and that each party will bear its own costs, expenses, experts? fees and attorney?s fees (unless otherwise noted). OLIVERO also agrees that she will sign and file with any state or federal agencies, arbitration panels or boards or any court with whom OLIVERO has filed charges, complaints, claims, lawsuits, or other legal proceedings, all appropriate withdrawals, stipulations for dismissals, motions, affidavits and/or other documents as may be required for OLIVERO to withdraw, with prejudice, any such charge, complaint, claim, lawsuit, or other legal proceeding now pending before any such state or federal agency, arbitration panel or board or court concerning any claims, grievances and/or complaints OLIVERO made or could have made against the CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD, BERGESON or other RELEASEES. The aforementioned withdrawals, stipulations for dismissals, motions, af?davits or other documents (including withdrawal of the CLAIM) will be signed within five (5) business days of OLIVERO signing this Agreement. A signed copy of each of these documents will be immediately sent to the following: Johanna G. Zelnian, FordHarrison, LLP, 750 Main Street, Suite 606, Hartford, CT 06103, Counsel for the CITY, NLPD, FINIZIO and James Tallberg, Karsten Tallberg, LLC, 500 Enterprise Dr., Suite 4B, Rocky Hill, CT 06067, Counsel for and John W. Cannavino, Jr., Ryan, Ryan DeLuca, LLP, 707 Summer Street, Stamford, CT 06901, Counsel for REICHARD and BERGESON. 9. OLIVERO agrees and acknowledges that she is aware that she may hereafter discover facts different from or in addition to those OLIVERO now knows or believes to be true with respect to the claims, causes of action, rights, obligations, demands, and liabilities herein released, and OLIVERO agrees that the release and covenant not to sue herein shall be and remain in effect in all respects as a complete release and covenant not to sue as to all matters released and waived herein, notwithstanding any such different or additional facts. 10. OLIVERO expressly acknowledges that the consideration provided and to be provided to her by the CITY pursuant to this Agreement is suf?cient consideration for her to hereto release of all of her claims related to the CLAIM against the CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD BERGESON and all other RELEASEES, and is in full settlement, release, satisfaction and discharge of all of claims, demands, fees, costs (including, but not limited to, attorney?s fees, experts? fees and related costs) and damages (including, but not limited to, back pay, front pay and wages, and compensatory, consequential, incidental, punitive and liquidated damages) relating to or arising out of the CLAIM against the CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD and BERGESON and/or their agents for any actions taken or omissions made by the CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD, BERGESON or other RELEASEES prior to signing of this Agreement or any other matter covered by this Agreement. 11. The consideration provided and to be provided pursuant to this Agreement and the execution of this Agreement by the OLIVERO and the CITY is solely for the purpose of avoiding protracted and burdensome litigation and other legal proceedings, based upon disputed claims, demands, obligations or other disputed causes of action released by OLIVERO herein. OLIVERO understands and agrees that this Agreement and its execution shall not be interpreted or considered as and does not constitute an admission by the CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD, BERGESON or other RELEASEES or by any of their elected officials, directors, officers, shareholders, employees, representatives, agents, attorneys, insurers, successors and/or assigns, or other personnel that: the CLAIM has any merit; the CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD or BERGESON damaged, harassed, failed to accommodate, retaliated against or harmed OLIVERO in any way or breached her employment contract; the CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD and/or BERGESON engaged in any wrongdoing; or that the CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD, BERGESON or other RELEASEES or their personnel and agents otherwise treated OLIVERO unfairly, improperly or unlawfully or are liable to OLIVERO in any way. 12. The parties will refrain from making any disparaging comments orally or in writing about the other, and will take no action that may re?ect adversely upon or which disparages the other. For purposes of this Agreement, the term ?disparaging comments? shall be understood to mean comments that are false or that place the other party in a false light and that would be reasonably likely to harm the other?s reputation. The parties further agree that they will not reveal the terms, conditions, contents existence and/or execution of this Agreement and the discussions and circumstances that led up to it, to any person unless required by law, provided, however, that OLIVERO may disclose the terms, conditions and contents of this Agreement to his spouse, attorneys and tax advisors. If questioned regarding the status of this matter, the parties will simply say that the matter has been resolved. The parties do not intend this Agreement to prevent, hider or otherwise restrict OLIVERO from offering, presenting, producing or interposing any statements, defense, documents, witnesses or other things of any nature or kind to defend any internal investigation against OLIVERO or other form of disciplinary procedure against OLIVERO existing or commenced prior to the execution of the Agreement. 13. The parties agree that this Agreement shall inure to the benefit of and be binding upon OLIVERO, her heirs, administrators, representatives, executors, attorneys, insurers, successors and/or assigns, and shall inure to the benefit of and be binding upon the CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD and BERGESON, their heirs, administrators, representatives, executors, attorneys, insurers, successors, and/or assigns, officers, directors and shareholders. 14. OLIVERO, CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD and BERGESON and other RELEASEES mutually agree that this Agreement represents the full and entire agreement between the parties and fully replaces and supersedes any and all prior agreements or understandings, written or oral, between them. OLIVERO, CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD and BERGESON and other RELEASEES agree and acknowledge that there is no written or oral understanding or agreements between the parties that is not recited herein, and the OLIVERO, CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD and BERGESON and other RELEASEES have not relied upon any other statement or agreement in deciding to enter into this Agreement. OLIVERO, CITY, FINIZIO, GILLS, COLLINS, REICHARD and BERGESON and other RELEASEES agree that the terms of this Agreement cannot be changed or modi?ed in any respect except in a writing signed by all parties to this Agreement. 15. The parties agree that this Agreement and the provisions contained herein shall not be construed or interpreted for or against any party to this Agreement because said party drafted or caused the party?s legal representative to draft any of the provisions. 16. The provisions of this Agreement are severable. It is the intent of the parties that the provisions of the Agreement shall be enforced to the fullest extent permissible under the laws and public policies applied in each jurisdiction in which enforcement may be sought. In the event that any part of this Agreement should be adjudicated in a legal forum or found by operation of law to be illegal, unenforceable or invalid in any jurisdiction, this Agreement shall be deemed amended so as to delete or modify therefrom the portion thus adjudicated to be illegal, unenforceable or invalid and all other provisions, terms and clauses shall remain valid, enforceable and binding upon OLIVERO, the CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD and BERGESON and other RELEASEES with the same effect as though the illegal, unenforceable and/or invalid part(s) had been amended and modi?ed or severed and deleted. 17. OLIVERO acknowledges that she has had, or has had the opportunity to take, at least twenty-one (21) days within which to consider this Agreement. OLIVERO also acknowledges that she has read this Agreement carefully and fully understands its meaning and effect (including the fact that in return for valuable consideration to which she is not entitled except by operation of this Agreement, she is giving up certain legal rights) and that she has sought legal counsel of her choice in interpreting the terms of this Agreement. In addition, OLVERO acknowledges that this Agreement becomes effective on the eighth (8th) day following the date she signs it (the ?effective date?) and that she may revoke this Agreement at any time prior to the effective date by giving written notice of revocation to Johanna G. Zelman, FordHarrison, LLP, 750 Main Street, Suite 606, Hartford, CT 06103 to be received by 11:59 pm. on the seventh (7th) day following the date OLIVERO signs this Agreement. 18. OLIVERO and the CITY acknowledge that they have carefully read this Agreement, have had an opportunity to review it with their respective attorneys and are executing this Agreement voluntarily, knowingly, and with full understanding of its contents, meaning and consequences, without any coercion by the other party. OLIVERO and the CITY further acknowledge that in executing this Agreement, they have not relied upon any statement, representation or promise, oral or written, of any other party to this Agreement, except as expressly set forth herein. Furthermore, each of the parties executing this Agreement acknowledges that he or he has the authority to do so. 19. OLIVERO and the CITY agree that prior to instituting any legal action against the other party or against the NLPD, FINIZIO, GILLS, COLLINS, REICHARD or BERGESON (including, but not limited to, any legal action for or regarding a claimed failure to comply with or a breach of any of the terms of this Agreement), the party intending to institute such legal action will notify the other party in writing of its claim. OLIVERO and the CITY further agree that they will make a good faith effort to resolve any claim or alleged breach through direct negotiation and/0r mediation or some other appropriate form of alternative dispute resolution during the thirty (30) calendar day period following receipt of notification of the claim or alleged breach by the party claimed to have engaged in the conduct underlying the claim or committed that alleged breach. 20. This Agreement may be executed in counterparts that, together, shall constitute one agreement. Electronic copies of this Agreement, including fax, photocopy and PDF format of signatures to this Agreement shall be as valid and binding as original signatures. 21. Before signing this Agreement, OLIVERO acknowledges the following: She has read and understands this Agreement. See is voluntarily entering into this Agreement. (0) Before executing this Agreement, she was allowed at least twenty- one (21) days to consider her rights and obligations under this Agreement. OLIVERO agrees that any modi?cations, material or otherwise, made to this Agreement and General Release do not restart or affect in any matter the original twenty-one (21) calendar day consideration period. The period of time she had to consider his rights and obligations under this Agreement was reasonable. She was advised in writing to consult with an attorney and actually did consult with an attorney of her choosing. The general release in this Agreement constitutes a waiver of all rights and claims she may have under the Age Discrimination in Employment Act of 1964, 29 U.S.C. 621, et seq., and the Older Worker Bene?t Protection Act, 29 U.S.C. 626 cf seq. She elected to enter into this Agreement and release the CITY, NLPD, FINIZIO, GILLS, COLLINS, REICHARD, BERGESON and other RELEASEES from any and all claims she may have in exchange for consideration which is in addition to anything of value to which he is already entitled. The general release contained in this Agreement does not waive any rights or claims that OLIVERO may have arising after this Agreement is executed. No representations, promises or agreements relating to her employment or any other matter have been made to her, by or on behalf of the CITY which are inconsistent with the terms of the Agreement. 0) This Agreement may be revoked by OLIVERO within seven (7) calendar days after the date on which she signs it (?Revocation Period?) and she understands that this Agreement is not effective, binding or enforceable until seven days have expired without OLIVERO having revoked his execution of this Agreement and until the effective date. To revoke this Agreement, she must provide written notice of her decision to revoke the Agreement to: Johanna G. Zelman, Esq. Fordl?Iarrison, LLP 750 Main Street, Suite 606 Hartford, CT 06103 and shall be physically received by Attorney Zelman no later than 11:59 pm. on the seventh calendar day after OLIVERO has executed this Agreement. The Effective Date of the Agreement is the ?rst calendar day following the end of the Revocation Period. OLIVERO understands that, if she revokes this Agreement, she will not be entitled to the payments or other consideration set forth in this Agreement. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK OLIVERO Olivero Date: On this day of 2016, before me personally appeared Olivero, who in my presence executed the foregoing Settlement Agreement, Release and Covenant Not to Sue, acknowledging such execution to be her free act and deed. Commissioner of Superior Court Notary Public My Commission Expires: CITY OF NEW LONDON By: Michael Passero Mayor Date: On this day of 2016, before me personally appeared Michael Passero, who in my presence executed the foregoing Settlement Agreement, Release and Covenant Not to Sue, on behalf of the City of New London, acknowledging such execution to be his free act and deed. Commissioner of Superior Court Notary Public My Commission Expires: