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SETTLEMENT AGREEMENT AND GENER.4L RELEASE

This Settlement Agreement and General Release (hereinafter "this Agreement")
entered into and by and among Christopher Mozitis (RELEASOR or Plaintiff), and Johii
Coyle, Matthew Coyle, Johii Pope, John DeAngelis, Ray Theriault, Blaze Catania, Hector
Tavarez, Mike ]VIoms, William Fair, Theodore Kammer and Egg Harbor Twp. the
(RELEASEES or Defendants), Releasees, collectively known as "the Parties."
Whereas, RELEASOR, as Plaintiff, filed a Complaint against Releasees in the
Superior Court of New Jersey, Atlantic County, entitled "Christopher Mozitis, Plaintiff,
V. John Coyle, Matthew Coyle, Jolm Pope, Ray Theriault, Blaze Catania, John Deangelis,
Hector Tavarez, Captain Mike Morris, Lt. William Fair, Captain Theodore Kamnier, Egg
Harbor Townsbup, and Jolm Does 1 Through 25, Inclusive, Fictitious Named Defendant,
j/'s/a, Defendants," bearing Docket No. ATL-L-193 5-06, and has asserted claims against
Releasees; and,

Whereas, the Parties wish to settle all controversies among them involving
Plaintiff, including Plaintiffs claims bearing Docket No. ATL-L-1936-06, case No.
2008-6835 pursuant to Section 20 of the Workers Compensation Act N.J.S.A. 34:15-20,
and any and all related claims which could have been asserted, whether they are presently
known or unknown,

Whereas, Releasees deny each and every allegation made by Plaintiff, and enter
into this agreement for reasons other than. the merits of Plaintiff s claims; and,
Whereas, Plaintiff agrees that the merits of his claims against Releasees are
disputed and have not been adjudicated by any Court;
Now, and for the consideration of the agreements, covenants, and conditions
herein contained, the adequacy and sufficiency of which is expressly acknowledged by
the Parties hereto, the Parties agree as follows:
1. OJBLIGATIONS OF DEFENDANTS TO PLAINTIFF.

a. After RELEASOR's execution and presentation of this Release
and Stipulation of Dismissal with Prejudice, plaintiff shall be paid the total
amount of Six-Hundred and Fifty Thousand dollars ($650,000.00), which
payment shall constitute consideration for the execution of this agreement and any
other dociimen.ts necessary to resolve and compromise this matter with finality
and with prejudice, all payments due to plaintiff and his counsel, excluding the
$50,000.00 for the worker's compensation matter, no later than June 10,2009;
b. The settlement amount shall be paid to Releasor as follows:
i. Defendant Egg Harbor Township agrees to reinstate plaintiff

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to the active payroll retroactive to March 12, 2008, aiid to pay him back
pay in the form of one check to the order of Chi'istopher Mozitis in the
gross amount of $90,573.04, which shall constift-ite the entirety of
plaintiffs clainis for back pay and from which shall be deducted all
required, usual and customary deductions;
ii. One check to the order of Van Syoc Chartered in the gross amount
of $200,000.00 which shall be in complete and fall payment of any and all
claims for counsel fees, costs and expenses in this matter, whether by
Releasor or counsel for Releasor. Van Syoc Chartered's tax identification
number is 22-3688383;

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ill. Regular, bi-weekly direct deposits to the order of Christopher Mozitis will
begin being deposited in his checking account after he executes the
Settlement Agreement and General Release. The regular, bi-weekly
checks will represent the pay period which starts on April 28, 2009,and
continue until December 31, 2009;

iv. One check in the gross amount of Fifty Thousand dollars ($50,000.00) to
the order of Christopher Mozitis for fall and complete settlement of case
No. 2008-6835 via Section 20 of the Workers Compensation Act;
v. One check to the order of Christopher Mozitis in fhe gross amount of
Two-Hundred Fifty-Two Thousand dollars ($252,292.32), to be allocated
to claims for non-economic damages includmg pain, suffering,
humiliation, embarrassment, loss of enjoyment of life, and disability, said
settlement amount being fully and completely inclusive of all claims of
any nature, sort, or variety. Said settlement check shall be made payable
to "CTiristopher Mozitis."No part of this pa^.Ti.-ient represents, or is intended
to represent, payment for lost income or for piinitive damages, it being the
intention of the parties that this payment is solely to compensate the
plaintiff for losses in the nature of personal injury. The parties stipulate to
this allocation to make it clear that the payment is not intended to
represent economic gain to plaintiff;
(1) Plaintiff understands and agrees that an IRS Fonii 1099
designating the amount specified in l(b)(v) as "other income" may
be issued. Plaintiff agrees to assume fall liability for applicable
state, federal and local taxes, if any, that may be required by law to
be paid with respect to any such payment. Plaintiff further agrees
that in the event that the Internal Revenue Service or any other

taxing authority deems any tax, interest, penalties or other amounts
to be due from the defendants with respect paragraphs l(b) (iv) and
1 (b) (v), he will indemnify the defendants for any sums defendants
may be required to pay. Plaintiff further agrees to pay any
reasonable and necessary attorneys fees incurred by defendants in

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 defense of any action brought by the IRS against defendants
arising from any payment made pursuant to paragraphs 1 (b)(iv)
and l(b)(v). However, plaintiff will have no such obligation to
defend unless first provided with notice of the IRS action and the
opportunity to pay any alleged disputed amounts. Plaintiff
acknowledges that the law may require defendants to report certain

payments made under this release to the IRS; however, beyond any
such legal requirements, the defendants agree to take no action to
purposely trigger any IRS audit or investigation of payments made
pursuant to paragraphs l(b)(iv) and l(b)(v).

c. As to the Fifty-Thousand dollars ($50,000.00) to be paid m the matter of 20086-83-5, this p-aymsnt shall not be made until a Section 20 settlement has been
effected aiid approved by the Court of Workers Compensation;
d. Inimediately upon reinstatement to the active payroll, Defendant Egg Harbor
Township shall place plaintiff on paid adminisfa-ative leave, which shall temiinate
on plaintiffs completion of all steps needed to effectuate his retirement with 20
years of service. During this period, plaintiff shall remain subject to the rules and
regulations of Egg Harbor Township and of the Egg Harbor Township Police
Department. Plaintiff may seek em.ployment while on paid administrative leave
subject to permission of the Chief of Police of Defendant Egg Harbor Township,
which shall not be unreasonably denied. WMle on paid administrative leave,
plaintiff shall accumulate no vacation, sick, compensatory or other time. Plaintiff
is entitled solely to salary, pension contributions, and fainily health-care coverage,
should he elect to continue such coverage;

e. Defendants' obligations to continue to employ the plaintiff shall cease upon the
date he reaches 20 years of pension credits toward VAs retirement, believed to be
December 31, 2009, after plaintiff buys all available time from military or
township committee service and after Egg Harbor Township pays all pension
conti-ibutions resulting from plaintiffs reinstatement to the township's active
payroll retroactive to M.aich 12, 2008 and continuing until he obtains 20 years of
pension credit.

f. Defendant Egg Harbor Township shall hold in abeyance any and all unresolved
disciplinary actions now pending against plaintiff as security for the compliance
of plaintiff with the tenns and conditions of this Settlement Agreement and
Release and with the rules and regulations of the Defendant Egg Harbor

Township and of the Egg Harbor Township Police Department. Upon receipt by
Defendant Egg Harbor Township of a completed application by plaintiff for a
pension based on 20 years of service with the Police and Fire Retirement System,
all disciplinary charges which were sustained by Retired Judge Richard Williams
shall be removed from the plaintiffs employee file, and those and all other
pending charges shall be withdrawn and dismissed with prejudice such that

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 plaintiff shall have a clean disciplinary record and his neutral job reference shall
so state.

2. OBLIGATIONS OF PLAINTIFF TO DEFENDANTS
a. No payment shall be released without an executed Release and Settlement
Agreement and signed Stipulation of Dismissal with Prejudice for the matter
bearing Docket No. ATL-L-1936-06;

b. Plaintiff shall undertake any and all tasks necessary to resolve his workers
compensation claim under docket number/claim petition 2008-6835 for the sum
of $50,000. Plaintiff shall be responsible for any counsel fees to his workers comp
attorney;

c. Plaintiff shall take any and all steps necessaiy to secure a pension for 20 years of
service from the Police and Fire Retirement System no later than October 1, 2009,
and for a retirement date of December 31, 2009;

d. Plaintiff shall complete the purchase of my military, township council or other
time that is available to him no later than September 1, 2009. Plaintiff is solely
responsible for purchasing any such time;
e. Plaintiff shall be responsible for all liens, including, but not limited to, health care
services, temporary disability md unemployment compensation;
f. Plaintiff understands and agrees that he is forever barred from seeking or
accepting employment in any capacity with Defendant Egg Harbor Township
upon signing this Settlement Agreement and Release, other than as an elected
official.

3. DISMISSAL OF ACTION.

Plaintiff understands and agrees that counsel for Releasees shall file with the Superior Court
of New Jersey, Atlantic County, an executed Stipulation of Dismissal. The Parties understand
and agree that the terms of the aforesaid Dismissal are expressly incorporated by reference
within the Settlement Agreement and General Release as if fully set forth herein.
4. RELEASE.

In consideration for the payment and other consideration provided for m this agreement,
Plaintiff, personally and for his estate and/or his heirs, waives, releases, and gives up any
and all claims, demands, obligations, damages, liabilities, causes of action and rights, in
law or in equity, known and unknown, that he may have against Releasees and any and
all of their officers, officials, employees (present and former), and their respective
successors and assigns, heirs, executors and legal or personal representatives, based upon
any act, event, or omission of any kind occurring before the execution, of this Agreement,

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 including, but not limited to, any claim that was asserted or could have been asserted
under any federal and/or state statutes, regulations and/or common law, expressly
including but not limited to any potential claim relating to the following (including any
amendments thereto):
a. The National Labor Relations Act;

b. Title VII of the Civil Rights Act of 1964;
c. Sections 1981 through 1988 of Title 42 of United States Code;
d. The Employinent Retirement Income Security Act of 1974;
e. The Inmiigration Reform Control Act;
f. The Americans with Disabilities Act;
g. The Age Discrimination in Employment Act of 1967;
h. The Fair Labor Standards Act;
i. The. Occupational Safety and Health Act;
j. The Family and Medical Leave Act of 1 993;
k. The Equal Pay Act;
1. The New Jersey Law Against Discrimination;
m. The New Jersey Minimum Wage Law;
n. The Equal Pay Law for New Jersey;
o. The New Jersey Worker Health and Safety Act;
p. The New Jersey Family Leave Act;
q. The New Jersey Conscientious Em.ployee Protection Act;
r. Any anti-retaliation provision of any statute or law;
s. Any other federal, state or local, civil or human rights law or any other local, state
or federal law, regulation or ordinance, my provision of any federal or state
constitution, any public policy, contract, tort or common law, or any losses,
injuries or damages (including back pay, front pay, liquidated, compensatory or
punitive damages, attorney's fees and litigation costs).

Plaintiff acknowledges that he has twenty-one (21) days to review and consider this
Release and that his execution of this Release prior to the expiration of that time period
constitutes an express waiver to fhe consideration period.
5. NO^LAIMS PERMITTED/COVENANT NOT TO SUE.
Plaintiff waives Ms right to file any charge or complaint on his own behalf, to participate
as a complainant, a plaintiff or a charging party in any charge or complaint, or to collect
damages as a result of any charge or complaint which may be made by any other person
or organization on his behalf, with respect to anything which has happened up to the date
of the execution of this Agreement, before any federal, state or local court or
adminisfa-ative agency against Releasees except as such waiver is prohibited by law.

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 6. CONFIDENTIALITY.

The Parties agree that this Release contains no confidentiality agi-eement. Parties agree
that their statements concerning the amount of this settlement shall be limited to "The
matter has been resolved to the satisfaction of the parties."
7. NEUTRAL JOB REFERENCE.

The defendants agree that should any person or entity seek information regarding
plaintiffs employment with defendants, the defendants shall state only plaintiff s start
date, final employment date, and, once the disciplinary charges and findings have been
withdrawn, shall state that plaintiff has no disciplinary record.
8. NO ADMISSION OF LIABILITY.

It is expressly understood that neither the execution of this agreement, nor any other
action taken by Releasee in conjunction with Plaintiffs alleged claims or this settlement,
constitute admission by Releasee of any violation of any law, duty or obligation and that
Releasees specifically deny any liability to Plaintiff or to any other person.
9. ENTIRE AGREEMENT.
This Agreement contains the sole and entire Agreement between the Parties. Plaintiff
represents and acknowledges that, prior to executing this Agreement, he consulted with
his attorney and that he has had ample time to do so, and that he obtamed the advice of
his counsel prior to makmg the decision to execute this Agreement, and that he has not
relied upon any representation or statement not set forth in this Agreement made by my
other party hereto, or their counsel or representatives, with regard to the subject matter of
this Agreement. No other promises or agreements shall be binding unless in wnting,
signed by the Parties hereto, and expressly stated to represent an amendment to this
Agreement.

10. SEVERABILITY.

The Parties agree that if any Court declares any portion of this Agreement unenforceable,
the remaining portion or portions shall be fully enforceable.
11. APPLICABLE LAW.

This Settlement Agreement and General Release shall be constmed and interpreted in
accordance with the laws of the State of New Jersey. The parties agree that any action to
enforce or interpret this Settlement Agreement and General Release shall only be brought
in a court of competent jurisdiction in the State of New Jersey, which the parties agree
shall be the Superior Court of New Jersey.

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 12. LIENS.

Plaintiff agrees and understands that he is responsible for any unemplo^Tiient
compensation liens, temporary disability liens, and child support judginent search liens,
Plaintiff further agrees that in the event that any State Agency or other authority deems any
amounts to be due from the defendants with respect to the above-cited liens; he will
indemnify the defendants for any smns defendants may be required. Plaintiff further agrees
to pay any reasonable and necessary attorneys fees incurred by defendants in defense of any
action brought by the State of New Jersey arising from any unemployment compensation
liens, temporary disability liens, and child support judgment search liens. However, plaintiff
will have no such obligation to defend unless first provided with notice of the State's action
and the opportunity to pay any alleged dispzited amounts.

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 RECEIVED 05/28/2003 18:51 85E423&433
FROM :Chris

VAN SYDC CHARTERED

May. 28 2009 85:5SPM P3

FRX NO. :6399269907

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Piaindff hereby understands and screes that he has sought and received the advice of
his attorney prior to executing this Agreement, and that he has had ample time to do so
and that he knowingly and voluntarily has dedded to settle his claims against Releasee
after thoroagUy reviewing this Agreement with his attorney.
J^

tfiRISTO^BDEA MORTIS
Plaintiff and Releasor

STATE OF NEW JERSEY :
COUNTY OF

M.k^_

: ss

Sworn to and subscribed before me tfais

MICHAEL J GITTO
Notary PvUc

ZS" day of f/\^^- ,2009.

ttKtcrfltoKAmy

l^r eaiNNMm ti»lr» <iK », t(RS

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NOTARY PUBLIC.

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