dunford settlement agreement

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1

ETTLEMENT AGREEMENT AND RELEASE OF CLAIMS

2 . RECITALS

3 .

his Settlement Agreement and Release (hereinafter Agreement ) is entered into

4 to resolve all claims between George Dunford ( Dunford ), represented by attorney Stephen L.

5 Brischetto, and State of Oregon ( State ) is represented by Marc Abrams, Senior Assistant

6 Attorney General.

7 .

f any provision of this Agreement shall ever be declared defective, void or

8 voidable, or otherwise struck down or invalidated, the invalidation shall affect that particular

9 provision only. The remaining provisions shall continue in full force and effect.

10 .

his Agreement does not establish a precedent in the settlement of any current or

11 future grievance, claim of unfair labor practice, or other dispute among the parties, and shall not

12 be admissible as evidence in any future arbitration, administrative or court proceeding except in

13 a proceeding brought to enforce the terms of this Agreement.

14

n the event Dunford pursues a claim waived or released pursuant to this

15 Agreement, the State of Oregon may plead this Agreement as an absolute defense. This

16 Agreement does not operate to waive any right that may not legally be waived.

17

his Agreement and all of the terms and provisions hereof, shall be binding upon

18 and shall inure to the benefit of the parties and their respective heirs, legal representatives,

19 successors and assigns.

20

21 I. AGREEMENT

22

. CONSIDERATION PAYABLE BY STATE

23

.

tate agrees to pay Dunford the sum Four Hundred and Fifty thousand Dollars

24 and no/100ths ($450,000.00) to settle the above-captioned case. State shall complete Internal

25 Revenue Service ( IRS ) form 1099 and/or such other documents as may be required by taxing

26 authorities. Dunford allocates the sums as between compensatory damages for emotional

Page 1 - SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS

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Department of Justice

1162 Court Street NE

Salem, OR 97301-4096

(503) 947-4700 / Fax: (503) 947-4791


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1 distress and damage to reputation and attorneys' fees, and State agrees to pay Dunford as

follows:

3

. Three Hundred thousand Dollars and no/100ths (S300,000.00) to George

4

unford;

5

. One Hundred and Fifty Thousand Dollars and no/100ths ( 150,000.00) to

6

tephen L. Brischetto.

7

.

tate agrees to change all records related to Dunford's discharge to reflect a

8 resignation by Dunford from his employment with the State of Oregon.

9

.

he State of Oregon agrees to give a neutral job reference, limited to starting and

10 ending dates of employment, positions held by Dunford, duties of those positions, and ending

11 salary. State agrees to provide no additional information. Dunford agrees to direct all reference

12 inquiries to the Director of Human Resources or Assistant Director of Human Resources for

13 State for this neutral job reference. Dunford agrees to hold State harmless, and further agrees not

14 to pursue any claim against State, based upon any other reference provided by any other

15 employee except the Director and Assistant Director of Human Resources.

16

. CONSIDERATION FROM DUNFORD

17

.

unford, individually and on behalf of his heirs, executors, successors,

18 administrators, and assigns, hereby releases and acquits and forever discharges the State of

19 Oregon, and all of its offices, departments, agencies, divisions, and institutions, including but not

20 limited to State of Oregon, together with all of the State of Oregon's current and former officials,

21 employees, managers, and agents, whether elected or appointed, from any and all claims

22 whatsoever which exist through the date of this Agreement, including demands, actions, suits,

23 causes of action, obligations, controversies, debts, costs, attorney fees, expenses, all form of

24 damages, damages, losses, employee compensation, employee benefits, judgments, orders, liens

25 and liabilities of any, every and whatever kind or nature, whether in law, equity, or otherwise,

26 whether based in contract, tort, statute, regulation, tariff, rule, indemnification, contribution, or


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1 any other theory of recovery, whether known or unknown, whether suspected or unsuspected,

2 and whether or not concealed or hidden, which have existed or may have existed, or which do

3 exist or which hereafter shall or may exist, based on any facts, events, or omissions that in any

4 manner or fashion relate to or arise out of Dunford s employment with the State of Oregon or

5 Dunford s claims. This includes any and all of Dunford s damages, including any damages,

6 injuries and claims which are not anticipated or which develop in the future, and Dunford hereby

7 expressly waives and relinquishes any and all rights under any law or statute to the contrary.

8 This release includes any claim arising from the negotiation and execution of this Agreement,

9 including fraud in the inducement.

10

.

a)

n consideration of the payments set forth in paragraph II.A.1 of the

11 Agreement, Dunford waives, releases, and forever discharges Released Parties from any

12 obligations for any claim, known or unknown, arising out of the failure of Released Parties to

13 provide for a primary payment or appropriate reimbursement pursuant to 42 U.S.C.

14 1395y(b)(3)(A).

15 b)

he Dunford, by his signature below, acknowledges that he understands

16 this settlement may impact, limit or preclude Dunford s right or ability to receive future

17 Medicare benefits arising out of the injuries alleged in this lawsuit, and nevertheless wishes to

18 proceed with the settlement.

19 c)

unford further agrees that he shall execute and deliver to the State of

20 Oregon copies of all documents or agreements and do such further acts and things as the State of

21 Oregon may reasonably request when necessary to effectuate the purposes of the Agreement,

22 including but not limited to providing copies of all documents between Dunford and Medicare

23 regarding the reduction in the amount owed Medicare for Conditional Payments, either for

24 financial hardship, equity and good conscience, or due to procurement costs, or any other reason.

25

hould any person or entity not a party hereto challenge the validity of this

26 Agreement, or any term thereof, pursue recovery of monies from the Released Parties or bring a


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1 claim or claims against the Released Parties arising out of 42 U.S.C. 1395y(b) related to

2 payment for items or services related to the injuries claimed in this action, Dunford shall provide

3 to Released Parties such cooperation and assistance as Released Parties may reasonably request

4 in order to resist such a challenge or defend such a claim and Dunford further agrees to defend,

5 indemnify and hold the Released Parties harmless from any and all such claims of any nature.

6

d)

unford acknowledges that all subrogation and lien claims arising out of

7 contract or under state or federal law, including, but not limited to, subrogation or lien claims of

8 Dunford s health care providers, insurance carriers (including PIP), state workers compensation,

9 attorneys, and any federal agency or programs such as Medicare, Medicaid, or Social Security,

10 are the sole and separate obligation of Dunford which Dunford agrees to pay or otherwise

11 resolve. Dunford further hereby covenants to defend, indemnify and hold harmless the Released

12 Parties from and against all such lien and subrogation claims brought against the Released

13 Parties

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. unford agrees to pay and satisfy all unsatisfied bills, charges, liens, subrogation

15 rights, and reimbursement rights which are or may be presented or held by other persons or

16 organizations having provided services, insurance benefits, or other value to himself or on his

17 behalf as a result of the injuries and damages arising out of the transactions alleged in the matters

18 described above, and he agrees to hold harmless from any such claims the parties being released,

19 their agents, representatives, successors and assigns.

20

.

unford understands and agrees that this is a compromise settlement, and

21 payment is accepted voluntarily as full and final compromise, satisfaction and settlement of

22 disputed claims and rights. He further understands and agrees that this settlement is not to be

23 considered as an admission of any liability or fault whatsoever, in whole or in part, for the

24 incident by the parties released by this Agreement, their agents, or representatives. He further

25 understands and agrees that the parties who are released by this Agreement expressly deny any

26


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1 liability or fault whatsoever, in whole or in part, for any incident described and referred to by this

2 Agreement.

.

here is no case filed herein. Except as otherwise noted, this settlement is

4 without costs or fees.

5 . he parties to this Agreement agree that no party warrants or represents how the

6 United States Internal Revenue Service ( IRS ), Oregon Department of Revenue, or other

7 governmental authority will treat the payment described in II(A)(1) above for tax purposes, and

8 agree that no further payment of money from the State of Oregon will be due to Dunford in the

9 event that the payments or the release of the claims embodied in this Agreement or any portion

10 thereof is found by the IRS, the Oregon Department of Revenue, or other governmental authority

11 to be, or result in, taxable income to any party. The State of Oregon, as part of its reporting

12 requirements, may have to communicate with the IRS or other taxing authority, including

13 submitting IRS Form 1099, or other applicable forms. The State of Oregon reserves the right

14 to respond to inquiries by the governmental authorities and to make any additional disclosures

15

requested by the governmental authority or required by law.

Dunford understands that he is

16 solely responsible for the tax consequences of the payments outlined above in II(A)(1). Dunford

17 agrees not to hold any other party to this Agreement responsible for taxes due and recognizes

18 that he is solely responsible for any resultant tax payments associated with this release.

19

. his release includes, but is not limited to, any claims that Dunford may bring

20 under the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621,

et seq.

( ADEA )

21 or the Older Worker's Protection Act pursuant to the specific conditions set forth below in

22 compliance with the ADEA.

23

. unford acknowledges that he has consulted with legal counsel before

24 signing this Agreement.

25 .

y signing this Agreement, Dunford acknowledges he waives any and all

26 claims under the ADEA as of the date of signing this Agreement and realizes that neither he, nor


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1 anyone on his behalf, can sue the State of Oregon or any of its agencies, employees, or

2 contractors, or insurers and their successors for any claims of discrimination based on age.

3 .

unford acknowledges that he may, but is not required to, take up to

4 twenty-one (21) days to sign this Agreement.

5 .

unford acknowledges he has seven (7) days following the date he signs

6 this Agreement to revoke his waiver of claims under the ADEA, and this portion of the

7 Agreement will not become effective until the revocation period has expired. For such

8 revocation to be effective, written notice of Dunford s intent to revoke must be sent or delivered

9 to the Oregon Department of Justice, Trial Division, Civil Litigation Section, at 1162 Court

10 Street NE, Salem, Oregon 97301, and the written notice must be received at the Department of

11 Justice by midnight on the seventh (7th) calendar day after Dunford signs this Agreement.

12

.

.

unford agrees that he shall not seek any employment with the State of

13 Oregon.

14

.

f Dunford attempts to seek employment with the State of Oregon, any of

15 its institutions, and agencies, including any of the named State, despite this Agreement, his

16 application may be summarily denied without recourse and without liability against the State of

17 Oregon, its institutions, agencies, officers, administrators, employees and agents. Dunford

18 further agrees that if he applies to the State of Oregon, the named State and any other State of

19 Oregon agency or institution, and is hired, his employment may be summarily terminated

20 without recourse or liability notwithstanding any statute or collective bargaining agreement

21 under state or federal law that provides otherwise. Dunford s hiring shall not be deemed a

22 waiver of this provision or the terms of this Agreement. If Dunford should breach this

23 Agreement, he shall defend, indemnify and hold the State of Oregon, its institutions, agencies,

24 officers, administrators, employees and former employees and agents harmless from all claims of

25 damages, litigation costs, attorney fees, and expert witness fees incurred in defending such a

26 claim and in the enforcement of this paragraph and its subsections.


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thonzed ignor for he Agency 4

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OFFICIAL SEAL

AUDREY D HILL

NOTARY PUBLIC - OREGON

COMMISSION NO. 449959

M Y C O M M I S S IO N E X P I R E S J U N E 1 0 , 2 0 1 4

7

voluntarily freely and knowingly entering into this Agreement free of coercion and duress; that

neither the State of Oregon nor any of its agents or attorneys have made any representations or

promises concerning the tenns or effects of this Agreement other than those expressly set forth

herein.

6.

tate will pay all mediation fees in full.

GEORGE DUNFORD

Dunford

Subscribed and sworn to before me this

ay of May 2014 in the State of

Notary Public for Oregon

My commission expires:





1i

APPROVED AS TO FORM:


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1162 C ourt Street NE

Salem, OR 97301-4096

503) 947-4700 / Fax: 503) 947-4791

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6 IT IS SO AGREED:

7 DATED this

ay of May 2014.

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Oregon County of

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17 DATED this

ay of May 2014.

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Oregon County of

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thorize

Signor for

Agency

voluntarily freely and knowingly entering into this Agreement free of coercion and duress; that

neither the State of Oregon nor any of its agents or attorneys have made any representations or

promises concerning the terms or effects of this Agreement other than those expressly set forth

day of May 2014.

GE R

Dunford



Oregon County of



DATED this

day of May 2014.


day of May 2014 in the State of

Oregon County of

Notary Public

My commission exptr

APPROVED AS TO FORM:

DATED this

ay of May 2014.

Page 9 - SETTLEMENT AGREEMENT AND RELEA

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Salem, OR 97301-4096

503) 947-4700 / Fax: 503) 947-4791

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Steven Brischetto, OSB

Attorney for Dunford

Marc Abrams, OSB 89014

Senior Assistant Attorney General

Attorney for State State of Oregon


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dunford settlement agreement

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