SETTLEMENT AGREEMENT AND RELEASE

THIS SETTLEMENT AGREEMENT AND RELEASE ("Settlement Agreement 035)
is
made and entered into by and between MELVIN LOUIS ROBERTSON, formerly known as
MELVIN LOUIS MCLANE ("Robertson") and THE CITY OF SEATTLE / BOARD OF
ADMINISTRATION SEATTLE CITY EMPLOYEES 031
RETIREMENT SYSTEM ("City" or
034SCERS")
(collectively "Parties").

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RECITALS

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A. Robertson was employed by the City from January 7, 1987 to February 3, 2009. From
September 1992 onwards, he was employed by the Seattle City Emp1oyees Retirement
031
System
as a manager. When his employment ended on February 3, 2009, he was in the title Manager 2,
Budget, Finance and Accounting.
B. Effective February 3, 2009, Mr. Robertson was separated from employment with the
City. The separation was a layoff due to a reorganization that eliminated his position. However,
the separation was not processed as a layoff and the City 031s
records erroneously reflect that his
employment was terminated for cause.
C. Mr. Robertson has filed four appeals with the Civil Service Commission regarding his
separation: (1) Case No. 09-04-008, filed July 13, 2009, (2) Case No. 09-07-014, filed
October 27, 2009, (3) Case No. 09-01-016, filed December 8, 2009 and (4) Case No. 10-03-001,
filed on January 29, 2010. Mr. Robertson 031s
first two appeals were dismissed by the Civil Service
Commission, but the second two appeals are currently pending. Hereafter, the term 034Appeal"
shall refer to Robertson 031s
two appeals to the Civil Service Commission that are still pending,
case numbers 09-01-016 and 10-03-001.
D. The Parties now desire to enter into this Settlement Agreement in order to bring peace
to their relationship, and provide payment in full settlement and discharge of all claims which
Robertson has, or might have, as a result of his employment by the City, upon the terms and
conditions set forth below.
E. As a consequence ofthis Settlement Agreement, Robertson agrees that he will request
withdrawal ofhis Civil Service Commission Appeal, with prejudice.
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A G RE E ME NT
The Parties agree as follows:

1.0

Release and Discharge

1.1.
In consideration of the payment and other terms set forth in Section 2, Robertson
hereby completely releases and forever discharges the City and SCERS Hom any demands,
Robertson & SCERS Settlement Agreement
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 obligations, actions, causes of action, rights, damages, costs (including payment of att0mcy 031s
fccs), losses of services, expenses and compensation of any nature whatsoever, whcthcr based on
a tort, contract or statutory theory of recovery, which Robertson now has, and/or which are thc
subject of thc Appeal, including, but not limited t0, rights pursuant to thc Seattle City Chaxtcr,
thc City 031s
civil service rules and regulations, express or implied contractual, statutory or tort
claims; claims of wrongful and/or constructive discharge, and claims of discrimination,
specifically including violations of thc Age Discrimination in Employment Act of 1967 (ADEA),
thc Older Workers Benefits Protection Act, thc Employee Retirement Income Security Act of
1974, thc Washington Laws Against Discrimination, and any other federal, state or local civil or
human rights law.
1.2
This rclcasc and discharge shall also apply to ROb 254l'tS01'1
past,
031S
present and future
officers, attomcys, agents, servants, employees and assigns. This release is binding upon
R0bcrts0n 031s
marital community.
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1.3
This rclcasc, on the part of Robertson, shall bc a fully binding and complete
scttlcmcnt among Robertson and the City / SCERS. As a consequence of this Settlement
Agreement, Robertson agrees to withdraw his Appeal, with prejudice.

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1.4
With the exception of charges before thc U.S. Equal Employment Opportunity
Commission (EEOC), Robertson expressly agrccs that hc will not institute, or cause to bc
instituted, any action, lawsuit, or proceeding against the City of Seattle, SCERS and/or past,
present and future officers, attorneys, agents, servants, cmployccs and assigns, which relates to,
or arises out oi any claim, right, or cause of action of any kind, known 01* unknown, arising out
of or rclatcd to his employment with and his February 3, 2009 separation from thc City of Seattle,
SCERS, and will pay thc City 031s
costs and attomcy 031s
fccs in thc cvcnt that such an action is
brought, with thc exception of any action brought under the ADEA. Nothing in this provision
shall prohibit cithcr party fiom taking such steps as necessary to cuforcc the terms and conditions
ofthis Agreement, including bringing a lawsuit in King County Superior Court.
1.4.1. Although Robertson may bring charges bcforc thc EEOC and/or cooperate
with an EEOC investigation, he expressly waives thc right to rccovcr any monetary damages,
costs 01* other rclicf personal to Robertson arising out of any EEOC charges.

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1.4.2. Although Robertson specifically releases the City from any claims,
damages, costs or rclicf under thc ADEA, Robertson may bring an action to challenge whether
this release and/or thc agreement not to suc is valid and enforceable under the ADEA. In the
event Robertson brings such an action to challenge this rclcasc of any ADEA claim(s) and/or the
agreement not to suc-: under the ADEA, Robertson will not be liable for the City 031s
costs or
att0mcy 031s
fees in defending against any ADEA claim(s).
1.5
Robertson acknowledges and agrees that thc rclcasc and discharge sct forth above
is a general rclcasc. Robertson expressly waives and assumes the risk of any and all claims for
damages which exist as of this date, but of which Robertson does not know or suspect to exist,
and which, if known, would matcdally affect R0bcrts0n 031s
decision to cuter into this Settlement
Robertson & SCERS Settlement Agreement
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 Agreement. Robertson further agrees that Robertson has accepted payment of the sums spcciiicd
herein as a complete compromise of matters involving disputed issues of law and fact.
Robertson assumes the risk that thc facts or law may bc other than Robertson bclicvcs. It is
understood and agreed to by thc Parties that this scttlcmcnt is a compromise of a doubtful and
disputed claim, and the payments are not to bc construed as an admission of liability OI1 thc part
ofthe City and/or SCERS, by whom liability is expressly denied.

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1.6
Robertson agrees that as consideration for acceptance of the payment and other
terms set forth in Section 2 below, Robertson will Hlc with thc Civil Service Commission a
rcqucst to withdraw, with prejudice, his Appeal against SCERS, Case N0. 09-01-016 and Case
N0. 10-03-001. Robertson will iilc the request to withdraw within ten (10) days of execution of
this Agreement.
2.0

In consideration of thc release set forth above and other agreements by Robertson sct
forth clscwhcrc in this Agreement, thc City of Scatt1c/ SCERS agrccs to thc following:

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030
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Payments and Other Agreements by The City 0f Seattle / SCERS.

2.1
SCERS agrees to pay to Robertson the total sum of One-Hundred-a11d-Twclvc
Thousand, Eight Hundred and Twenty-One dollars and Sixty cents ($112,821.60) for lost wages
for the period Hom February 4, 2009, until March 16, 2010. This payment shall be reported to thc
Internal Rcvcnuc Service using a W-2 tax form and shall be subject to thc following deductions:
(1) all regular payroll withholding, (2) R0bcrts0n 031s
retirement contributions for the period fiom
February 4, 2009 to March 16, 2010, (3) an amount of Seven Thousand, Eight Hundred and
Eleven dollars and Seventy-Five cents ($7,811.75), which is thc amount of ROb 2541TSOI1income
031S
from other employment for thc period from February 4, 2009 to March 16, 2010, and (4) an
amount of Twcnty 024Six
Thousand, Eight Hundred and Seventy-Eight dollars and Zero cents
($26,878.00), which is the amonmt of unemployment bcnciits claimed by Robertson during thc
period fiom February 4, 2009 to March 16, 2010. Robertson hereby agrees and represents that
the above deductions for income fiom other employment and for unemployment bcnciits claimed
arc accurate and represent thc full amount of income camcd and unemployment bcnciits claimed
during thc period from February 4, 2009 through March 16, 2010. If thc actual income camcd or
unemployment benefits claimed during that period is greater than the deductions sct forth above,
then Robertson shall immediately notify the City and agrees to repay SCERS thc difference.
2.2
SCERS agrees to pay to Robertson a lump sum representing general damages in
the following amount: If Robertson rcccivcs any offer of employment from the City within ten
(10) wccks ofhis name being placed on the reinstatement list for thc Manager 2, Finance, Budget
and Accounting title, as provided for in Section 2.6 below, than thc lump sum payment for
general damages shall be Twenty Thousand dollars and Zero cents ($20,000.00). Otherwise, thc
lump sum payment for general damages shall bc Fifty Thousand dollars and Zero cents
($50,000.00). In 110 event shall the payment to Mr. Robertson for general damages cxcccd Fifty
Thousand dollars and Zero cents ($50,000.00). The lump sum payment representing general
damages shall bc reported to thc Intcmal Rcvcnuc Service using a 1099 tax form.

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Robertson & SCERS Settlement Agreement
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2.3
Separate checks will be issued for thc lost wage payment under Section 2.1 above,
and general damages payment under Section 2.2 above. Thcsc checks will bc made payable to
Robertson and will be delivered to R0bcrts0n 031s
attorney, Andrew Kinstlcr, Hclscll Fcttcrman
LLP, 1001 Fourth Avcnuc, Suite 4200, Seattle, WA 98154-1154. The check for lost wages,
payable in accordance with Section 2.1 above, will be delivered within fourtccn (14) days of the
execution of this Agreement PROVIDED THAT this Agreement has not been revoked, AND
PROVIDED THAT thc chcck will not bc delivered until after thc Civil Service Commission has
issued an order dismissing R0bc1·ts0n 031s
Appeal (both Case N0. 09-01-016 and Case N0. 10-03001) with prejudice, AND PROVIDED THAT the check will not bc dclivcrcd until after
Robertson has provided thc City with a completed W 0249
tax form. The check for general
damages, payable in accordance with Section 2.2 above, will bc delivered within twclvc (12)
wccks of
name bcing placed 011 thc reinstatement list for thc Manager 2, Finance,
Budget and ACCOUHtiI1g title, as provided for in Section 2.6 below, PROVIDED THAT this
Agreement has not been revoked, AND PROVIDED THAT thc check will not bc dclivcrcd until
after thc Civil Service Commission has issued an order dismissing R0bcrts0n 031s
Appeal (both
Case N0. 09-01-016 and Case N0. 10-03-001) with prejudice, AND PROVIDED THAT the
check will not bc dclivcrcd until after Robertson has provided the City with a completed W-9 tax
form, AND PROVIDED THAT thc check will not bc delivered until one (1) wcck after
Robertson notifies SCERS whether or not hc has rcccivcd an offer of employment Hom thc City

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as provided for in Section 2.6 below.

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030

2.4
Following the payment of ROb 2541 030tSO11
retirement
031S COI1t1 030ib11tiOI1S,
as provided for in
Section 2.2 above, Robertson will receive retirement service credit for thc period Hom
February 4, 2009 through March 16, 2010.
2.5
The City agrees to change its records regarding ROb 2541'tSOI1separation
031S
fiom
employment to rcflcct that R0bc11s0n was laid off effective March 16, 2010.

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030
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2.6
The City agrees to put R0bcrts0n 031s
name on thc reinstatement list for the
Manager 2, Budget, Finance and Accounting title, subject to thc limitations set out below.
name shall bc placed 011 thc reinstatement list within f0urtcc11(14) days of execution
of this agreement, PROVIDED THAT this Agreement has not been rcvokcd, AND PROVIDED
THAT R0bcrts0n 031s
name will not be placed on the reinstatement list until after the Civil Service
Commission has issucd an order dismissing R0bc1 034rs0n
Appeal
031s (both Case N0. 09-01-16 and
Case N0. 10-03-001) with prejudice.
Once R0bcrts0n 031s
name has been placed on the
reinstatement list, it will remain there for a period of twenty-four (24) months or until hc obtains
employment with thc City, whichever occurs sooner. Robertson will not bc cligiblc for
reinstatement to positions in SCERS or thc Personnel Dcpaxtmcnt, and Robertson agrees that hc
will not accept reinstatement to positions with those departments. Robcrtsorfs participation in
thc reinstatement program is subject to thc operation ofthc Pcrsormcl Rules (including Personnel
Rule 6.2.9) and thc City 031s
usual practices regarding reinstatement. Robertson agrees that the
placement of his name on thc reinstatement list docs not provide him with any guarantee to
future employment with the City. Robertson further agrees that aiicr his name has been OI1 thc
reinstatement list for thc Manager 2, Finance Budget and Accounting titlc for ten (10) weeks, hc
will inform SCERS whether or not hc has rcccived an offer of employment from the City, and
R0berts0n & SCERS Settlement Agreement
Page 4

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that he will do so
kat1·ina.kc11y@scattlc.g0v.

by

contacting

Assistant

City

Attorney

Katrina

Kelly

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2.7
During thc time that R0bcrts011 031s
name is on thc reinstatement list, as provided for
in Section 2.6 above, thc City will place
email address (kingsbish0pq3@yah00.c0m)
OH thc email distribution list for thc weekly Opportunity For Advancement bulletin (known as thc
"OFA"). If he chooses to do so, Robertson may compete for vacancies advertised in thc OFA.
Robertson agrees that thc placement of his email address on thc OFA distribution list docs not
provide him with any guarantee to future employment with the City, and further docs not provide
him with any preference or advantage if hc chooses to compete for any advertised vacancies.
2.8
Inquiries from R0bcrts0n 031s
future employers will bc-: handled in thc way that
SCERS typically handles such requests, namely the inquiry will bc rcfcrrcd to thc P 2541'SOI11'1C]
Department for V 2541 030ifiC&tiOI1
of cmploymcnt.
2.9
Robertson shall submit to the City an invoice reflecting his actual att0mcy 031s
fccs.
SCERS agrees to pay ROb 254I'tSOI1actual
031S att0mcy 031s
fccs incurred up to a maximum of $3,000.
SCERS will deliver a check payable to Hclscll Fcttcrman LLP for thc rclcvant amount of
att0mcy 031s
fccs to ROb 254I'tSO1'1attorney,
031S
Andrew Kinstlcr, Hclscll Fcttcrman LLP, 1001 Fourth
Avcnuc, Suite 4200, Seattle, WA 981544154, PROVIDED THAT this Agreement has not been
revoked, AND PROVIDED THAT the check will not bc dclivcrcd until after the Civil Service
Commission has issued an order dismissing ROb 2541'tSOIlAppeal
031S (both Case N0. 09-01-016 and
Case N0. 10-03-001) with prejudice, AND PROVIDED THAT thc check will not bc delivered
until after Hclsell Fcttcrman LLP has provided thc City with a completed W-9 tax form. This
payment shall be reported to the Intcmal Revenue Scrvicc using a 1099 tax form.
2.10 The payments provided for in Sections 2.1, 2.2 and 2.9 rcprcscnt payment in full
and fmal settlement of all R0bcrts0n 031s
claims, inclusive of all expenses, costs and att0mcy 031s
fees.
In no event shall thc total payment under this settlement agreement cxcccd One Hundred and
Sixty-Five Thousand, Eight Hundred and Twenty-One dollars and Sixty cents ($165,821.60).

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3.0
Limits On R0bcrts0n 031s
Future Employment By The City And Eligibility For The
SCERS Board
3.1
Robertson hereby agrees ncvcr to apply for or to accept employment with SCERS
at any time in the future. If Robcnson sccks and obtains employment with SCERS in breach of
this Agreement, Robertson explicitly agrees that his breach of this Agreement is sufficient cause
in itself to tem1inatc his employment, and that SCERS may terminate his employment without
further showing ofjustifiable cause.
3.2
Robertson hereby agrccs ncvcr to run for, seek or accept a position on thc SCERS
Board of Administration and/or any SCERS Committee ("SCERS B0a.rd"). If Robertson runs for
or sccks appointment to thc SCERS Board in breach of this Agreement, then hc agrees that he is
ineligible and hc will bc removed from consideration. If Robertson obtains a position on the

Robertson & SCERS Settlement Agreement
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SCERS Board in breach of this Agreement, Robertson explicitly agrees that his Board
membership will bc immediately terminated.
4.0

Att0rncy 031s
Fees

4.1
Except as cxplicitly provided in Section 2.9 above, each party hereto shall bear
their own att0mcy 031s
fccs, expenses and costs arising Hom ROb 254I 031tSO1'1
Appeal
031Sand this
Agreement.

031
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4.2
In thc cvcnt a suit is brought to enforce any provision of this Agreement, the
prevailing party shall bc awarded all costs incurred in prosecuting or defending the action,
including attorney and paralegal fccs. In thc cvcnt thc City is thc prevailing party, the hourly rate
to bc paid to thc City for thc work of attorneys and paralcgals in the City Att0mcy 031s
Office shall
bc thc hourly rate charged by persons in downtown Seattle law firms having similar cxpcricncc.
5.0

Representation of Comprehension of Document

In entering into this Settlement Agreement, Robertson represents that hc has relied upon
the advice of his attorney, who is the attorney of his choice, concerning the legal consequences of
this Settlement Agreement; he has completely read the terms of this Settlement Agreement; and
that the terms ofthis Settlement Agreement are fully understood and voluntarily accepted by him.
6.0

Warranty of Capacity to Execute Agreement

Robertson rcprcscnts and warrants that 110 other person or entity has, or has had, any
interest in thc claims, demands, obligations, or causes of action rcfcrrcd t0 in this Settlement
Agreement, except as otherwise sct forth herein; has the sole right and cxclusivc authority to
cxccutc this Settlement Agreement and receive the sums spcciiicd in it; and has not sold,
assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations
or causes of action referred to in this Settlement Agreement.

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7.0

Governing Law

This Settlement Agreement shall bc construed and interpreted in accordance with the
laws of the State of Washington.
8.0

031

Additional Documents

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All Parties agree to coopcratc fully and execute any and all supplementary documents and
to take all additional actions which may be necessary or appropriate to give full force and effect
to thc basic terms and intent ofthis Settlement Agreement.

Robertson & SCERS Settlement Agreement
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 9.0

Taxability 0f Settlement

The City of Seattle / SCERS takes no position as to any taxes which may bc due and has
advised Robertson that hc may bc responsible for making estimated tax payments on this
scttlcmcnt. The City has advised Robertson that it will report the settlement in its entirety to thc
Internal Revenue Service by issuance of a W-2 tax form and 1099 tax forms, as detailed above in
Section 2 of this Agreement. Robcxtson and Helscll Fcttcrman LLP must submit completed W-9
tax forms to the City prior to receiving any payment. Robertson agrees that hc is solely
responsible for any tax payments which may bc owed by him as the result of the Settlement
Agreement. Robertson shall be solely responsible for thc tax consequences to him of the
Scttlcmcnt Agreement should it bc characterized as wages, including, but not limited t0,
indemnifying the City for any tax liabilities or penalties assessed or incurred as a result of not
paying any taxes owed by him. Robertson is not indemnifying the City for its obligations
regarding withholding or payment of any tax.

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10.0

Entire Agreement and Succcssors In Interest

This Settlement Agreement contains the cntirc agreement between Robertson and the City
/ SCERS with regard to thc matters set forth in it and shall be binding upon and inurc to thc
benefit of thc executors, administrators, personal representatives, heirs, and successors and
assigns of each.

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11.0.

Consideration, Revocation and Effective Date

Robertson acknowledges that hc has carefully read and fully understands all thc
provisions of this Scttlcmcnt Agreement and is entering into thc Settlement Agreement iiccly and
voluntarily. Robertson acknowledges that hc has a period of 21 days within which to consider
thc Scttlcmcnt Agreement, but may sign it in less than 21 days at his option and that the City /
SCERS has not offered any additional inducement for taking less than the full 21 days. By
signing this Settlement Agreement, Robertson acknowledges that (a) the City has advised him to
consult with an attorney of his choosing for review and explanation of thc terms of this
Agreement, and (b) he has cithcr consulted an attorney or has voluntarily clcctcd not to do so.
Robertson has a period of seven (7) days following thc signing of this Settlement Agreement in
which to rcvokc it ("Rcv0cati0n Pcri0d"). The Parties agree that any revocation shall be in
writing and transmitted to the City through its counsel prior to thc expiration of thc Revocation
Period. This Agreement shall not bccomc effective or enforceable and no payments under this
Scttlcmcnt Agreement shall bc due until thc Revocation Period has cxpircd.

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12.0

030

Confidentiality

The Parties agree that neither they nor their attorneys shall reveal to anyone, other than as
may be lawfully required, any of the financial terms of this settlement. Robertson may disclose
the fmancial terms of the settlement to his attorney, tax advisers, counselors, physicians, or other
professional advisors, his spouse, and any govcmmcnt agency with a legitimate need to know.
The City / SCERS may disclose thc fmancial tcrms of the scttlcmcnt for business purposes.
Robertson & SCERS Settlement Agreement
Page 7

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When Robertson requests withdrawal of his Civil Scwicc Commission Appeal pursuant to the
terms ofthis Agreement, hc agrees that hc shall g provide a copy of this Agrccmcnt to thc Civil
Service Commission. In response to questions about thc disposition of the case, thc parties may
state that "thc Parties have resolved the matter and have agreed to kccp thc fmzmcial terms of the
settlement c0niidcntial" without any additional commentary or signal indicating thc value of the
settlement.

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13.0

Severability

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It is further understood and agreed that if any of thc provisions of this Scttlcmcnt
Agrccmcnt are held to be invalid or unenforceable, thc remaining provisions shall nevertheless
continue to be valid and enforceable. Notwithstanding thc foregoing, if the rclcasc contained in
paragraph 1.0 above is declared unenforceable or invalid, thc City of Seattle! SCERS shall have
the option of rcscinding this Settlement Agreement. If such a recession occurs, Robertson shall
rc-pay to SCERS all sums paid to him under this Settlement Agreement

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THIS AGREEMENT CONTAINS A RELEASE_ OF ALL KNOWN AND UNKNOWN
EMPLOYMENT CLAIMS.
ROBERTSON ACKNOWLEDGES THAT HE HAS

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CAREFULLY READ AND FULLY UNDERSTANDS ALL ASPECTS OF THIS
SETTLEMENT AGREEMENT, AND THAT HE HAS NOT RELIED UPON ANY

REPRESENTATIONS OR STATEMENT NOT SET FORTH HEREIN OR MADE BY
THE CITY OF SEATTLE, SCERS OR THEIR REPRESENTATIVES.

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DATED this

day of

Lx

, 2010.

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DATED this /8 ' day of ?¢2Zc 030»H
, 2010.

CITY OF SEATTLE / SCERS BOARD OF

ADMINISTRATION
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By:
Mc1v}u·"L0 S R bcrtso

¤¤ 024-·=~

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Ccccha M. Carter, xccutivc ircctor
Seattle City Employees Rctircmcnt System

Robertson & SCERS Sedlement Agreement
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