SETTLQENTAGQEMENT AND Q

RELEASE

THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE

(hereinafier “this

Agreement”) is entered into by and between ELENA GONZALEZ (hereinafter “Plaintifl”)and
NEPTUNE TOWNSHIP and NEPTUNE POLICE

DEPARTMENT,

and each of their

present and former agents, servants, employees, officers, directors, principals, assigns,

predecessors,

successors,

subsidiaries, parent companies, insurers, affiliates, heirs, third-party

administrators, attorneys and representatives (hereinafter collectively “Defendants”);
WHEREAS, Plaintiff filed a Complaint in the Superior Court of New Jersey, Monmouth

County Civil Division, entitled Elena Gonzalez v. Neptune Township’

,

et

al., bearing Docket No.

MON-L-4899-13 (“Lawsuit”),and has asserted claims in the Lawsuit in connection with alleged
events occurring during Plaintiff’s employment with the Neptune Police Department;

WHEREAS the parties settled all other controversies among them at
March 18, 2014,

including but not

as

defined in

mediation on

limited to those made by Plaintiff in the Lawsuit, including

any and all related claims which were

settlement

a

Paragraph

or

11

could have been asserted

as

of the effective date of the

herein, whether such claims

are

presently known

or

unknown;
WHEREAS, all parties acknowledgethat the merits of the controversy are in dispute and
have not been finallyadjudicated, and that no party admits any liabilityto any other, but all have
reasons to

desire amicable resolution of the matter,

including

to

avoid the costs and

covenants

and conditions herein

inconvenienceof litigation; and

NOW, ‘for and in consideration of the agreements,

contained, the adequacy and sufficiency of which are hereby expressly acknowledged by the

parties hereto, the parties agree as follows:

 1.

Terms of Settlement:

(a)

The Defendants, through their insurer, Scottsdale Insurance

Company, agree to

pay Plaintiff the settlement amount of THREE HUNDRED AND THIRTY THOUSAND

DOLLARS ($330,000.00), in full and final settlement of this matter. This sum is inclusive of all
claims of any nature, sort, or variety,known or unknown, pled or unpled, including all claims for

attomey’s fees, expenses and costs incurred by Plaintiff. The settlement check will be issued to
Plaintiff and her attorneys, Smith

Defendants’ counsel of:
from Plaintifi’s

Mullin, P.C., within thirty (30) days of the receipt by

(i) the execution of this Agreement by Plaintiff; (ii) a signed W-9 form

attorneys’ firm for its tax identification number; (iii) a completed Child Support

Judgment Search for the Plaintiff; and (iv) a signed Stipulation of Dismissal with Prejudice of
the Lawsuit by Plaintifi"s counsel. The Stipulation of Dismissal shall not be filedwith the Court

by Defendants’ attorney until after the settlement check has been sent to Plaintifi"s counsel.

(b)

Plaintiff has been advised

by her counsel that no guarantees

can

be made

regarding the tax treatment of the payment referenced in Paragraph 1(a), whether by the federal
government or any state or other government. The parties understand and agree thatanIRS Form
1099 Misc. will be filed and set to Smith Mullin for the

responsible for

any other tax

sought, received or relied on

payment and Smith Mullin will be

reporting. Plaintiff acknowledges and

agrees that she has not

the Defendants or their respective counsel

or

any agents of the

Defendants for any tax advice of any kind with respect to the effects of this Ayeement, the
Release contained

herein,

or

the delivery

or

payment of any monetary consideration identified

herein. Plaintiff has been advised to consult with counsel of Plaintiff’s

own

choice to seek legal

and tax advice regarding the taxabilityor non-taxabilityof the monetary consideration provided
herein. Plaintiff also
assumes

full

acknowledges and

liability for,

any taxes,

agrees that she will be

federal,

state or

1’.%E9.20_f1.5.

solely responsible for,

local, of any kind, with respect

and

to the

 payment of any monetary consideration identified herein. Plaintiff further agrees that in the event
that the IRS

or

any other taxing authoritydeems any tax,

amounts to be due from the Defendants with respect to

interest, deductions, penalties or other

the settlement Agreement, Plaintiff will

defend, indemnify and hold harmless the Defendants for any sums Defendants may be required
to pay. It

is the intent of the parties that the payments described in Paragraph 1(a) herein will be

the Defendants’ total payment to or for the benefitof the Plaintiff.

(c)

The settlement amount, pursuant to this Agreement, is to compensate Plaintifffor

personal physical injury and illness and all other alleged injury.
(d)

Defendants agree to promote

Plaintiff to Sergeant

effective May 1, 2014. A

promotion ceremony will be conducted on or about April 28, 2014, which will be the same type
of ceremony and celebration afforded to other oflicers upon their promotion.

(e)

Neptune Police Department will make

The

Plaintiff on the FBI Task Force

as soon as

every

good

faith effort to

place

possible, notwithstanding the understanding by

Plaintifl‘, that the FBI will have the right to decide whether to accept or reject the placement of
Plaintiff on an FBI Task Force, which Defendants do

not

have control of other than to make a

good faitheffort to recommend the placement of Plaintiff onto the FBI Task Force.
(t)

All

training and educational courses will be fairly and equitably offered

to all

members of the Neptune Police Department, and if contingent upon rank or years of service, will

be fairly and

equitably available to all members of the Neptune Police Department within the

rank and years of service, and Plaintifi will be given fair and

equitable access to such training

subject to the above referenced parameters.
(g)
to

Defendants agree to provide access to training courses, including but not limited

the following, so

long as none of the listed courses are longer than two-day classes, and so

long as the courses are available:
Page Q of 15

 (1)

Crisis Negotiation;

(2)

Mandatory Agency Training Series (MATS);

(3)

Basic Crime Scene Investigations;

(4)

Review of Monmouth County Policies for Law Enforcement;

(5)

Search Warrant Execution/EntryTechniques;

(6)

New Jersey Internal Affairs Program;

(7)

Criminal Investigation for the Road Cop;

(8)

Criminal Patrol and Drug lnterdiction Course;

(9)

Communications Intelligence (Geocell);

(10)

Arrest Search &

(1 1)

Line Supervisor Course

Seizure; and
—-

Training.

Plaintiff will be provided access to complete the listed courses by December 31, 2016.

(h)

As part of the NJSACOP accreditation process,

Neptune Police Department will

institute a fair and objective promotionalprocedure.

(i)

Defendants will consider Plaintifi for

promotions according

to

the fair and

objective policy referenced in Paragraph 1(h), subject to Plaintiff meeting the appropriate criteria
listed for any position considered for promotion.

(i)

Plaintiff agrees to amend her

supplemental report dated January 30,

2014

regarding incident #14NT0l576 involving incident date January 30, 2014, and will be amended
as

per the agreement to delete

paragraphs

as

referenced in Exhibit A to the Settlement

Agreement and General Release.
(k)

Neptune Police Department will close any pending investigation relating to the

subject incident referenced in Paragraph 10) with no discipline being issued.

Page 4 of 15

 (l)
Paragraph 11

Defendants represent that as of the effective date of the settlement as
herein that no

defined in

investigation by Defendants of Plaintiff is pending.

(m)

Plaintiff is

not responsible for any

(n)

Plaintiff agrees

mediation fees.

that, but for this Settlement Agreement and General Release,

Plaintiff would not be entitled to the aforesaid payments and other terms of settlement described
herein.

(0)

Defendants

acknowledge that the Investigation Report

of

Gregory

Turner may

result in discipline of members of the Neptune Police Department.
2.

Dismissal of

will file with the

Mg‘ : Plaintiff understands and

Superior

Court of New

Jersey

agrees that counsel for the Defendants

the executed

original of the Stipulation

of

Dismissal with Prejudice with regard to Docket No. MON-L-4899-13. Plaintiff represents and
warrants that she has not filed any other lawsuits,

claims

or

complaints against the Defendants

other than any EEOC charges and DCR charges, which may have been filed prior to the
institution of the

complaint filed in the Monmouth County Superior Court

under Docket No.

MON-L-4899-13, which is the subject matter of this Settlement Agreement and General Release,
and Plaintiff represents that any such filed charges have been withdrawn. Plaintiff agrees that

Plaintiff will not accept any relief or financial recovery associated with any filing withthe EEOC
or

DCR. The Parties understand and agree thatthe terms of the aforesaid dismissal are expressly

incorporated by reference within this Settlement Agreement and General Release as if fully set
forth herein.

this Agreement: In consideration of the payment and other consideration provided for in this

Agreement, Plaintiff, personally and for Plaintiffs

estate

and Plaintifl‘s heirs, does

hereby

rernise, release and forever discharge the Defendants, as defined more fully above, including

Pgggfigj 15

 their present and/or former agents, servants, officers, directors, and employees, and any and all
other persons, firms, corporations, associations or other entities, from all actions and

causes

of

action, suits, debts, dues, accounts, bonds, covenants,‘ contracts, agreements, judgments,

obligations, claims and demands whatsoever in

law

or

equity, known

or

unknown, pled

or

unpled, for back pay, front pay, employment benefits, bodily injury, personal injury, emotional
distress, sick leave, health/medical bills

expenses,

or

benefits, compensatory damages,

consequential damages, punitive, treble and/or exemplary damages, injunctive and/or declaratory
relief, attorneys’ fees, costs, interest and/or expenses that Plaintiff has or may have based upon
any act, event or omission

occurring before the execution of this Agreement, including, but not

limited to, any events related to,

arising from

or

in connection with Plaintiffs

employment,

and/or interaction with the Defendants, 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 and all claims which were made or could have been made in the Lawsuit which Plaintiff‘ ever

had, now has or which her heirs, executors, administrators, successors or assigns, or any of them,
hereafter can, shall or may have for, or by reason of any cause, matter or thing whatsoever, from
the beginning of the world to the date of execution of this Agreement, including, but not limited

to, any potential claim relating to the following (along with any amendments thereto):

(a)

The National Labor Relations Act;

(b)

Title VII of the civil rights Act of 1964;

(c)

Sections 1981

(d)

The Employment Retirement Income Security Act of 1974;

(e)

The Immigration Reform Control Act;

(t)

The Americans with DisabilitiesAct of 1990;

(g)

The Age Discrimination & Employment Act of 1967;

through 1988 of title 42 of the United States Code;

if

Egg Qf 15

 (h)

The Fair Labor Standards;

(i)

The Occupational Safety & Health Act;

(j)

The Family & Medical Leave Act of 1993;

(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;

(0)

The New Jersey Worker Health & Safety Act;

(p)

The New Jersey FamilyLeave Act;

(q)

The New Jersey Conscientious Employee Protection Ace;

(r)

Any anti-retaliation provision of any statute or law;

(5)

Any other federal, state

or

local, civil or human rights law or any other federal

law, regulation or ordinance, and provision of any federal or state constitution, any public policy,
contract, tort

or common

law, conversion, spoliation,

or

any losses,

injuries

or

damages

(including back pay, front pay, liquidated, compensatory or punitive damages, at1omey’s fees
and litigation costs); and

(t)

Any express or implied contract, practice,policy, handbook, employee manual or

Collective Bargaining Agreement, but

plaintifl‘ agrees to release only those claims or potential

claims involving the Collective Bargaining Agreement thatrelate to plaintiff’s own claims.
4.

Ng Qlgims EgggggCovggggt Not to §ug: Plaintiffwaives Plaintiff’s right to file any

charge or complaint on Plaintiff’s own behalfand/or participate as a complainant, a plaintiff or

charging party

in any

charge

or

complaint

which may be made

organization on Plaintiffs behalf, with respect
execution of this

to any

Agreement before any federal,
P

70f

thing which

state or

by
has

any other person

happened

or

up to the

local court administrative agency,

 including the EEOC and the DCR, against the Defendants, except if such waiver is prohibited by
law. Should any charge

or

complaint be filed, Plaintiff agrees that Plaintiff will not accept any

relief or financial recovery therefrom, Plaintiffconfirms that no such charge,

currently exists

in any forum

and/or DCR charges
General Release

form other than the said Lawsuit

or

or

complaint or action

previously filed EEOC

previously referenced in Paragraph 2 of this Settlement Agreement and

(Dismissal of Action), which Plaintifi has

confirmed have been withdrawn.

Plaintiff agrees that the complaint filed under Docket No. MON-L-4899-l3 in the Monmouth

County Superior Court will be dismissed with prejudice as part of this Agreement, and Plaintiff

hereby covenants not to
Defendants based upon
as
or

file any

charge, complaint or action in any forum

anything which is encompassed by

the

terms

or

form

against the

of this Agreement. Except

prohibited by law, in the event that any such charge, complaint or action is filed by Plaintiff,
any

charge, complaint

or

action which has been

previously filed by

Plaintiff‘ and

was

represented to have been withdrawn, shall be dismissed with prejudice upon presentation of this
Agreement.

:

V

5.

It is further understood and

agreed

that in

consideration of the payment of the aforementioned sum, the undersigned Plaintiff hereby agrees
to

satisfy

health

all liens and

care

worker’s

provider,

subrogation interests, including, but

any lien

compensation

or

subrogation

not limited to the

interest of any health

insurer and/or Medicare and/or

care

charges of any

insurer and/or any

Medicaid, including any conditional

payments made or which may have been made by Medicare or Medicaid, any federal, state or
local
or

governmental assistance benefits program or any other person or entity claiming any liens

charges against the Plaintiff. The Plaintifffurther agree(s) to defend, indemnify, save and hold

harmless the Defendants, their insurer, Scottsdale Insurance Company, and their heirs, executors,

administrators,

successors,

assignsginsurers,
P

and all other persons, firms and
8

5

corporations,

 whether herein named or referred to

or

against any loss from any and all further claims and

not,

demands made against them on account of the injuries and damages sustained in consequence of
the aforesaid claims and Lawsuit. In the event that Medicare may have any interest in this

settlement, the undersigned further agree(s) that all necessary information will be submitted to
the Medicare Secondary Payer Recovery Contractor concerning the terms and conditions of this
settlement.
6.

onfide

'

'
-

The parties agree to keep confidential this settlement Agreement and not disclose

(a)

the negotiations that lead to this
amounts

e

‘Agreement

or

the Agreement’s terms,

including the monetary

and provisions referenced within the Settlement Agreement and General Release. Ifany

party or person acting on behalf of a party receives an inquiry about this Agreement,

such party

will respond only that the “matter has been resolved.” However, nothing in this provision shall

prohibit

a

party from complying with applicable taxing and other financial reporting

requirements

such that the

prove its terms;

(2)

as

Agreement and

required

to

Release may

only be disclosed: (1) to enforce

auditors, accountants, attorneys,

tax

preparers,

or

taxing

authorities,insurers and/or reinsurers; or (3) as otherwise required by law or by Court Order.

(b)
terms of

The Plaintiff agrees that she will not

directly or indirectly disclose the facts and

this Agreement to anyone other than her attorney and immediate family defined

as

Plaintiff’s mother, father,siblings, spouse or partner, and children, who shall likewise keep said
information confidential, except

to the extent

such disclosure may be

required

or

allowed

as

described in Section 6(a).

(c)

The Plaintiff agrees not to make any statements, written

encourage others to make any statements, written

or

or

verbal,

or cause or

verbal, regarding the past behavior of

Defendants which statements would disparage the reputations of Defendants. Plaintiff agrees that

raaazaflé

 this

nondisparagement provision

extends to statements, written

or

verbal, including but

limited to, the news media, radio, television, intemet postings of any kind,

(e.g., Facebook, Instagram, Twitter,

or

the

like),

consumer or

not

blogs, social media,

trade bureaus,

competitors,

customers, employees and/or potential customers or employees of the Defendants.

(d)

The Defendants agree not to make any statements, written or

encourage others to make any statements, written
Plaintiffwhich statements would

or

verbal, or cause or

verbal, regarding the past behavior of

disparage the reputation of Plaintiff. Defendants agree thatthis

nondisparagement provision extends to statements, written or verbal, to the news media, radio,
television, intemet postings of any kind, blogs, social media, (e.g., Facebook, Instagrum, Twitter,
or

the

like), consumer or

customers or

trade

bureaus, competitors, customers, employees md/or potential

employees of the Defendants.

(e)

The parties agree that confidentiality and non-disparagement is

a

material term of

this Agreement and that, in the event of a breach, the non-breachingparty may seek enforcement

of the

nondisparagernent provision and damages for its breach.
(t)

Plaintifi‘ and Plaintiffs attorneys agree that, in the event a request is made of any

of them by any person

or

entity (including, but not limited to, any government agency) for a

disclosure, in whole or in part, covered by this Agreement, they will give prompt notice of such
request

to the

Neptune Township Municipal Clerk via

email at

cl§gk@gepgggtownship.org

withintwenty-four (24) hours of actual receipt of same.
7.

:Plaintifi agrees that Plaintiff will bear Plaintifi"s own costs,

expenses and attorney’s fees which have been incurred in connection with the within matter and

in connection with the negotiation and preparation of this Agreement and that no amounts other
thanthe payment to be made pursuant to Paragraph 1(a) of this Agreement shall be sought by or

owed to Plaintiff‘or her attorneys by Defendants in connection with this matter.

Page 10 of 15

 No

8.

Admysion of Liability:It is expressly understood that neither the execution of this

Agreement, nor any other action taken by the Defendants in connection with Plaintiffs alleged
claims or this settlement Agreement, constitutes

an

admission by any of the Defendants of any

violation of any law, duty or obligation, or that any decisions or actions taken in connection with

Plaintiffs

employment were unwarranted, unjustified, retaliatory, discriminatory, harassing,

wrongful or otherwise unlawful, as the Defendants deny any and all liabilityand allegations in
this matter.
Entire Agreement: This

9.

Agreement contains the sole and entire agreement between the

Parties hereto and fully supersedes any and all prior agreements and understanding pertaining to
the

subject matter hereof, and is

intended to memorialize the settlement of Plaintiff’s claims.

Plaintiff represents and acknowledges that, prior to executing this Agreement, Plaintiffconsulted
her attorney, that Plaintiff had

ample time to do so, that Plaintiff obtained the advice of counsel

prior to making the decision to execute the Agreement, and thatPlaintiffhas not relied upon any
representation or statement not set forth in this Agreement made by any Defendants thereto, or

Defendants’ counsel or representatives, with regard to the subject matter of this Agreement. No
other promises or agreements shall be bindingunless in writing, signed by the parties hereto, and

expressly stated to represent an amendment to this Agreement.
10.

: This Settlement Agreement shall be construed

and

interpreted

in

accordance withthe laws of the State of New Jersey. The parties agree that any action to enforce
or

interpret this Agreement shall only be brought in a court of competent jurisdiction in the State

of New Jersey, which the parties hereby acknowledge and agree to be the Superior Court of New

Jersey.
11.

Effective Date:

This

Agreement will become effective on the date on

executed this Settlement Agreement and General Release.

Rmfllié

which Plaintiff

 12.

BY SIGNING THIS SETTLEMENT AGREEMENT AND GENERAL

RELEASE,

PLAINTIFF ACKNOWLEDGES:
A.

PLAINTIFF HAS READ IT;

B.

PLAINTIFF UNDERSTANDS IT IS AND KNOWS PLAINTIFF [S GIVING UP

IMPORTANT RIGHTS;
C.

PLAINTIFF AGREES WITH EVERYTHINGIN IT;

D.

PLAINTIFF’S

ATTORNEY

NEGGTIATED

THIS

SETTLEMENT

AGREEMENT AND GENERAL RELEASE WITH PLAINTIFF‘S KNOWLEDGE AND

CONSENT;
E.

PLAINTIFF HAS BEEN ADVISED TO CONSULT WITH PLAINTIFF’S

ATTORNEY PRIOR TO EXECUTING THIS SETTLEMENT AGREEMENT AND

GENERAL RELEASE AND HAS IN FACT DoNE so; AND
F.

PLAINTIFF HAS SIGNED THIS SETTLEMENT AGREEMENT AND

GENERAL RELEASE KNOWINGLY AND VOLUNTARILY

IN WITNESS

WHEREOF, the parties have hereunto set their hands.

STATEOF NEW JERSEY
SS:

COUNTY

:

e

ofl

 I
came

hereby certify that on the [ [

J

J’/‘day of

2014, personally

before me and acknowledged under oath, to my satisfaction, that this person (or if more

than one, each person):

(a)

is named in and personally signed this document; and

(b)

signed, sealed and

deliyeqef this document

Q§%;??

NOTARYPUBLIC

as

his/her act and deed.

5

1 '3

y