69.328/ 2311 1 2: 34 213--523-3_551 Fm OFFICE 5531 PAGE ?mm?m . MEAL MLEASE on ALL CLAIMS This Settlement Agljeanent and Mutual Release of-All Claims (?ne "Ag-when?) . is made and-entered into on Samantha-23.2011, by and Terri Cerbaugh (?barbaugh?) State of Califomia Department of Justice C?Deparnneot?), collectively referred to as the . .uq?u A. In my and August men the Department dammed that Carbangh should - no longer serve in the position of Chief Deputy Attorney General for Administration and Penny (CDAG) for the Deporhnant Cathangh. through h: oonnsel disagreed with that dotennlna?on and asserted certain Idiapnted olatms' and damages tetanus- to .116! employmmt? with the _l3. The Parties him: eenoluded that it wouldbe desirable and n; the best interests of the Parties and the puhlie to settle these etaima and dispntes' the manner and on the fauna set 'forth herein Without the additional publlo' expenses associated with litigation. By this Agreement, the Parties lntend' to fully and completely resolve any and all elaizna and diepntes bmean them. Accordingly, consideration ofthe mutual {nominee contained been, the Parties In. "own?nu. no.- Wimim- .m --I- .- u? . .Im-u . 1. This Agreentent constitutes Carbaugh's letter afresigzatian e?eedve S"ptemher . 39, 2011'Cerhm1gh hereby agrees that she cannot ae'ekto remind her or to any way challenge her-September 30, 2011 departure from the Depaztmeot, and dmt' she waives any and-alt Brenner}; rights that may allow her todo so. Once this .l DOJ-001 Agreement is executed, the Department will give Carbaugh a signed original of the ?th 1? letter of recommendatmn for her work as CDAG, a copy of wl'uch rs attach'bd 'iibrelo? 55"; I -Exhibit A. The-Deparunent will allow Carbaugh to remain in her position as CDAG until September 30", 201 1,.to allow her to transition her portfolio of work for her- replacement. She will do-this work while telecommuting from home. Carba'ugh agrees not to setup meetings for-herself or any other person? on behalf or the and agrees to refer peeple communicating with her aboutiDOJ issues to'the Senior Counsel to the Attorney General. Carbaugh agrees to .use the'time to review projects or policy issues she had. not cempleted prior to July 20, 2011, and to draft transition memoranda for those areas that she feels need to be addressed by the Department. Alternatively, if - after a review, Carbaugh determines that there are no such areas that need to be addressed by.the Department, she should apprise the -Senior Counsel to the Attorney General of this fact. "If she. needs ?les or other belongings froijn her of?ce she agrees to contact the Acting Director olfthe Division of AdminiStrative Services to make arrangements to retrieve'them. The Department 'agrees that there will be.no change in Carbaughis pay 01' classi?cation between- the effectivedate?of this Agreement, and- September-30, 2011, and her of?ee will remain intact with her nameplate on the door in this time frame. For the period ?'om July 20, 2011 until the e?ective date-of this will be classi?ed as paid Administrative Time After September 30, 2011, the Department will deliver Carbaugh? 5 of?ce furniture to her home at a .date. and time agreed to by the Parties. DOJ-002 . we. 3. As'part of the consideration for this Agreement, the Department'will pay Carbaugh . The check or Wan'ant will be made payable to the Law Of?ces of Michael S. Sorgen lanust for Ten'i Car'baugh. 'II'he. checker warrant shall be sent to Carbaugh?s counsel only after the Department has received fully?executed: original(s) of this AGREEMENT, and (2) completed Payee Data Record form(s). The Departrnent will issue the check or warrant within sixty (60) days after receipt of the above-referenced documents. No amount of money will be withheld from the checlc or'warrant- for tax purposes. Carbaugh expressly agrees to be solely responsible for any tax liability vihich may result ?'om payment of this sum, including penaltiesand forfeitures-arising from such payment, -and expressly acknowledges that the Department is not liable in any way for any tax consequences of this Agreement. Carbaugh understands and aclmowledges'that the State of California andfor the Department are required to report the payment of these settlement proceeds to appropriate taxing. authorities, including the Internal Revenue Service and the Franchise Tax Board. On-or before September 30, 201 C?arbaligh' will send a pro-approved Departmeilt- wide announcement out to all Departmental employees explaining her decision to leave the Department. (The pre-approved departure announcementis attached hereto- as Exhibit B.) I - . At the close of business on September 3.0, 2011, Carbaugh will. be separated from the Department -for all purposes effective immediately, without any rights of appeal. Prior to Senternoe'r 30, will notify .the Department whether she wants her leave balance paid out or transform? to another State employer, and the DOJ-QO3 Department will comply. with her request in the ordinary course of business. AdditiOnally, as a term of this Agreement, Carbaughrepresents that she has retUrned to the Department all State equipment provided to her to conduct her .duties, including but not limited to, any el??tr-onics, laptops, remote air cards, building passes, parking . passes and cell phones. I Carbaugh hereby 'releases' and forever discharges the Department, including its current and former elected and appointed of?cials, of?cers, directors-,iboard members, trustees, agents, employees, former employees, repr?esentatiyes, attorneys, insurers, departments, divisions; sections,_successors and assigns-and each of them, from any and all claims, complaints, demands, causes of action, obligations, damages, costs, . ex?pensespliens, attorneys? fees, warranties, rights and liabilities-of any nature whatsoever, Whether known or' unknown, suSpected or not suspected to eitist, claimed or not claimed, which have, arisen in connection with Carbatigh?s employment with the Department,'the facts and circumstances in any way pertaining to- CarbaUgh?s employment with the Department, or any other matter of any nature. whatsoever from ?the'beginning of time up to ,the date of the. execution of this Agreement, including any claims that could be brought under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in?Employrnent Act and the California Fair Employment and Housing Act for harassment, retaliation, or discrimination on the basis of race, age, ancestry, color, religion, sex, marital status, national origin, physical or mental disability, medical; condition,.sexual orientation, or another protected classi?cation. DOJ-OO4 10. The parties agree not to disclose, discuss or provide the contents or terms of this Agreement to third as expressly authorized by this Agreement or in response to formal requests? authonzed by law. . The Parties understand that this Agreement is a compromise settlement of diSputed claims, and, no party admits any wrongdoing, liability orfault in relation to the matters alleged in this dispute. . This Agreement shall be binding upon the heirs, successors and assigns of the Parties. The Parties each represent 'and warrant that they have independently investigated and. evaluated 'the facts of this dispute, including, but not limited to, independently ., investigating and evaluating the allegationsl defenses, testimony, and documents of the" 11.? Parties. No party has made any' statement, representation or warranty in connection herewith which has been an inducement for. thehother party: _to enter into this Agreement, except as is expressly set forth in-ithis Agreement.? The Parties each represent. and warrant that they fully understand that if the facts with respect'to which this Agreement .is executed should be found hereafter to be -.different from the facts 'now believed to be true'by- any party, each of them. expressly accepts and assumes the . risk of such-possible differences in facts and agrees that this Agreement. shall be and remain effective notwithstanding such differences infects. The Parties each represent that they lcuow and understand the contents of this Agreement and that this Agreement has been ex'e'e'uted voluntarily. The Parties each l7 DOJ-OO5 further represent that they have been fully advised by their attorneys With respect to their rights and obligations and 'with respect to- the exfeCution of this Agreement. 12. This is a full and ?nal settlement of all claims related to Carbaugh?s employment relationship with'the Department. 'The Parties each represent and warrant that they understand and hereby expressly waive any rights or bene?ts available to them under Section 1542 of the Civil Code of California, which provides: i A general release does not extend to claims which . the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor,? 13; The Parties each represent and warrant: that they have not initiated, nor will they initiate in the future, any legal or administrative proceeding against each other. The Parties further represent and warrant that they have not assigned, transferred, or purported to assign or transfer to any person or entity any matter otherwise' released herein. Carbaugh agrees to indemnify and: hold'hannless .the LlDepartment, its respective heirs, successors and assigns against any claims, demands, causes-of action, damages, debts, liabilities, costs .or expenses, including-but not necessarilyiimited to, attorneys? fees, arising out of or in connection with any _suCh transfer, assignment or purported transfer or assignment. I 14. This Agreement Setsforth the entire understanding of the Parties in connection with the subjectmatter herein. It is expressly understood and agreed- that this-Agreement ay not be altered, or otherwise changed in any respect whatsoever except by a writing duly executed by the Parties or by authorized representatives of the. 6 DOJ-006 Parties. The Parties? agree. that they will make .no claim at any time or place that this Agreement has been Orally altered or modi?ed or otherwise changed- by oral communication of any kind or character. . 15.! 'I?heoParties. hereby instruct their attorneys of record to execute all documents hecessary to carry out the terms of this Agreement. i l6: This Agreement shall be governed by the laws of the State of California. _A.uy .- - . action brought to enforce. the terms of this settlement. agreement shall be subject to binding. 'arbitration before an arbitrator agreed upon by the' Parties, and paid for equally by the Parties. ., 17.. Ifany party to this'Agreemeiitnseeks arbitration to enforce or interpret this. Agreement, the prevailing party in any such arbitration shall be entitled. to reasonable attomeys fees. - I 18. I In the eyent any portion of this Agreement is deemed to be unenforceable, or is in . con?ict isrith applicable law, the remainder of this, Agreenicnt'?shall hie-enforced. and shall . remain in full force and effect? a. 19. This Agreement may be executed in two or more counterparts, -'each of'which will he an original and all of which shall constitute a part Of this Agreement. 20. Each- party agrees to pay their own attorneys fees and costs pertaining to the claims - . and disputes referenced 111 this Agreement. This Agreement has 8 pages, and consists of Recital paragraphs A and B, paragraphs through 20, and signatures. DATED: - . DOJ-OO7 I i .., i. -, . STATE 1:09;me Mme}? Josue]! - q- 915"?. Title: Senior Attorney General Approved as'to form: . i Law Offices ofh?oifaelSorgen - a; . . 5 a: ?t ?rat? - . Attonwy for Tend Carb?gugh: I . Approved astoform: l. A1157 E. Fowler 1 senior Aasistzuth?omey General Attorney for?ioDeparhnent ofIns?ce . i . 1. - DOJ-OO8 DOJ-009 D. HARRIS . State of California Attorney General - DEPARTMENT OF JUSTICE 455 GOLDEN GATE AVENUE, SUITE 1 I000 SAN FRANCISCO, CALIFORNIA 94102-7004 Public: (415) 703 5500 TelephOne: 703-5500 . Facsimile: 415 703-1389 E-Matl: Kamaia.Ha1ris@doj.ca.gov September 20] i To Whom it May Concern: . I am writing on behalf of Tern' Carbaugh who has served as my ChiefDeputy Attorney General, Policy and Administration for the Of?ce of the Attomey General. Terri assisted me during my transition and has been an indiSpensable member of my executive team and a longtime friend. Terri places a high value on connec?ng government to the brOader public it serves. Her leadership style embraces_teamwork and rewards productivity. Terri assisted me by putting into place of?ce prOtocols that led to improved coOrdination betweeri..my new executive team and - existing departmental -.leaders Upon taking her post, Terri sought the counsel of the Department of Justice?s (DOJ) career civil servants, identi?ed talented leaders within the department, then :worked hard to ensure that department staff coordinated, without duplicating; exemplary work. These systems have paved the way for the launch of my priority public policy initiatives. Ten-i demonstrates persuasive negotiation skills and the ability to work under pressure. She was a leader of our department' 3 budget negotiations with members of the Legislature, the Department of Finance and the Governor' 3 Of?ce during one of the most dif?cult ?scal climates in California? 5 history. Her leadership was Critical to securing ourtdepartinent 3 budget, as was her Well?established professional reputation in the Capitol from her long tenure as a Sacramento legislative, policy and communications? expert. Her expertise concerning the legislative pro'cess' allOwed to mitigate additional cuts to its operating budget. Speci?cally, when the Govemor signed the 2011? 12 State Budget, legal operation was protected from a pr0pose'd $20 million cut In additihn, the Bureau of Forensic Services received a $10 million increase in General Fund money to support lab operations and bring more criminals to justice. DOJ-01 wn? - -. September 201 Page 2 Terri is a highly mOtiVated public servant. She exhibits an unmatched tenacity, aclever wit and a humanistic approach. She is loyal and maintains the highest professional Standards. Her lc?mg, broad and deep policy_experience in California governinent has been an asset to 'my of?ce. recommend Terri, without any reservation and with the highest esteem, to. serve in any capacity she chooses. It has been a pleasure to work with her, and I am grateful for her seririce 'and deeply appreciate everything she has done forthis department. I wish her-much success. Sincerely, KAMALA D. HARRIS Attorney General- DOJ-O11 EXHIBIT Colleagues: The work of assisting the Attorney General and her wonderful staff transition into the job at hand is essentially completed. Thus, I will be leaving the Department effective September 30 2011. This has been a wonderful experience and one that I will lohg treasure. I greatly appreciated all of the hard work and long hours everyone here has put into this transition period and I hope to get a chance to work with you in the future whenever our paths may cross. DOJ-012 Page 1 of 1 Mable Basquez - My Departure its; 52; From: Terri Carbaugh To: All DOJ Date: 9/30/2011 2:26 PM Subject: My Departure Colleagues: The work of assisting the Attorney General and her wonderful staff transition into the job at hand is essentially completed. Thus, I will be leaving the Department effective September 30, 2011. This has been a wonderful experience and one that I will long treasure. I greatly appreciate all of the hard work and long hours everyone ?here has put into this transition period, and I hope to get a chance to work with you in the future whenever our paths may cross. Terri and Settings\BasqueM\Local 9/3 0/2011 DOJ-01 3