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SETTLEMENT AGREEMENT AND GENERAL COMPLETE RELEASE

This Settlement Agreement and General Complete Release is enterecl into on tbjs
day of October, 2013, between New Mexico Departnent of Health

(NMDOH')

Jl5r

and New

Mexico Risk Management Division ('RMD'), Releasees, and Mr. Robert Orriz, Releasor.
The parties agree to th following terms and conditions of settlement:

1,

NMDOH and RMD agree to pay the sum of T}ree Hundred Thousand Dollars

($300,000,00) to Releasor in fu11 and final settlement of any and all disputed claims made against
Releasees in his suit in the First Judicial District Court of the State of New Mexico identified as

Robert Ortiz v. New Mexico Department of Health, First Judicial District Court No. D-101-CV2012-01876.

2.

The sum specified

in

Paragraph

1 shall be paid by NMDOH and RN4D

respectively. One Hundred Thousand Dollars ($100,000.00) will be atu-ibuted to Releasor's


wages and

will

be subject to all applicable payroll taxes and

full withholdings

as required

by law.

Once all payroll taxes and i'ull wittrholdirg as required by law are applied to the amount
attributed to Releasor's wages, the remainder
Thousand Dollars ($200,000.00)

will be payable to Releasot. Two Hundred

will be payable to

Robert Ortiz and his attomeys, Siena and

Garrity, P.C. NMDOH, RMD and their counsel make no representations concerning the tax
status of the lump sum settlement. Any and all taxes that may be assessed on receivi-ng the lump

sum settlement are Releasor's sole responsibility. To the extent that any federal, state or local

taxing authority determines that NMDOH or RMD should have withheld money for taxes on the
lump sum payment, Releasor agrees to indemnify NMDOH and RMD for any such federal, state

or local taxes, penalties, fines, assessments and other tax liabilities (plus costs and expenses,
including attomey's and/or accountant's fees) claimed by any taxing authorities.

3.

Releasor agrees to provide NMDOH with a letter of voluntary resignation in

form and mamer acceptable to NMDOH and RMD.

4,

Releasee

NMDOH agrees to remove the Notice of Final Action (dated June l,

2012) and Notice of Contemplated Action (dated May 4,2012) from Releasor's personnel frle,

5,

Releasor agrees not to reapply for employment now or at any time in the future

with NMDOH. Releasor further agrees not to attempt to transfer into any position with NMDOH
at any time in the future.

6.

Releasor agrees to keep the terms of this Settlement Agreement and General

Complete Release confidential except to his tax advisors and attorneys for a period of six (6)

months. If asked about the case before that time expires, Releasor will state that the case "was
resolved to the mutual satisfaction of the parties". Releasee

will not release copies of

the

Settlement Agleement and General Complete Release if it is requested by the media.

7.

Releasor and Releasees mutually agree to refrain from making any disparaging

remarks or comments regarding the other

in any setting including, but not limited to, print or

electronic media, news services, broadcast networks, social network or publications.

B.

Releasor agrees that under the terms of this Settlement Agreement ald General

cornplete Release that he is iretigible for unemployment benefits and he agrees not to apply fol
unemployment benefits.

g,

Releasor does hereby, for his heirs, successors and assigns, release, acquit and

forever disoharge NMDOH, its employees, agents, principals, officers, directors, predecessors,
successors, assigns and attomeys, from any and

all claims, actions, demands, causes of actions,

riglrts, debts, darnages or accountings of any natue whatsoever, which he ever had ot may now

have, whether known or unftnown, and on account

of or in any way arising out of

his

employment by or the termination of his employment with NMDOH including, but not limited

to, any claims arising under any federal, state or local laws prohibiting

employmenl

discrimination of any kind or nature, including, but not limited to, any and all claims arisrng
under the New Mexico Human Rights Act, the New Mexico Whistleblower Protection Act, Title

VII of the Civil Rights Act of

1964, the

Civil Rights Aot of 1991, the Age Discrimination in

Employment Act as amended by the Older Workers Benefit Protection Act, the Employee
Retirement Income Security Act, the Americans with Disabilities Act, the Family Medical Leave

Act, the Fair Labor Standards Ac! flre Inspection of Public Records Act, any claims for breach

ofan expressed or implied employment contract, wrongfirl or retaliatory termination, bad faith,
bad faith breach of contract, retaliatory discharge or termination, retaliation under any statute

including the New Mexico Workers' Compensation

Acl

wrongful or abusive ternination,

rvrongful termination in violation of public policy, personal injury, mental pain, suffering and
auguish, emotional upset, impairment

of economic opportunities, unla*drl interference with

employment rights, intentional or negligent infliction of emotional distress, fraud, defamation


and other tortious conduct, and inciuding any claims for back wages or fuflre lvages, back

benefits

or future benefits, profit

irnpairment

of

sharing

or

retirement contributions

eoonomic opportunities, money damages

or liinge

of any kind, punitive

benefits,
damages,

liquidated damages, costs, attorneys' fees ald the Sarbanes-Oxley Act or similar theories of
recovery for constructive discharge. Releasor r",aives and abandons any claims he may have to
reinstatement into the same or similar position which he held at NMDOH or to any promotions
or future employment with NMDOH.

10.

Releasor agrees that he

will not frle any additional charges, claims or lawsuits

based on the events, occurrences, acts or omissions occurring on or before the date

ofthe signing

of this Settlement Agreement and General Complete Release.

11. In entering into this Settlement Agreement and General Complete Release,
Releasor acknowledges that he is making a knowing and voluntary waiver of rights he has or

may have had under the Age Discrimination in Employment Act and,/or the Older Workers
Benefit Protection Act. Releasor has received this Settlement Agreement and General Complete
Release and frnds

it to be written in a ma.mer he can understand and understands

that the

Settlement Agreement and General Complete Release specifically waives his right for claims
under the Age Discrimination and Employment Act and/or the Older Workers Benefit Protection

Act.

Releasor has not been asked to release a right or claim that may arise after the date of the

Settlement Agreement and General Complete Release is executed. This Settlement Agreement

and General Complete Release is supported by consideration above and beyond the pay and

benefits that Releasor eamed at NMDOH prior to entering this Agreement. Releasor was
advised

in writilrg to consult an atto rey prior to executing this Settlement Agreement

and

General Complete Release and he has consulted with his attorneys before deciding to enter into

this Settlement Agreement and General Complete Release. Releasor agrees that he was given a
reasonable period of time in which to consider this Settlement Agreement and General Complete
Release and that he is salislled with the time he has had to consider it.

12.

Releasor agrees and acknow'ledges that his acceptance of payments and promises

reflected in this Settlement Agreement and General Complete Release is a full, final and binding

compromise
Paragraph

of matterc involving disputed

I to Releasor

issues and that payment

of the sum specified in

shall not be considered an admission by the Releasees ofany liability or

wrongdoing on the part ofReleasees, which is expressly denied, and that no part or percentage of
wrongdoing on the part ofany party shall be implied by this payment.

13.

This Settlement Agreement and General Complete Release contains the entire

agreement between Releasor and Releasees with regard to the matters set

forth. There

are no

other understandings or agreements, oral or otherwise, betw'een the parties, except as expressly
set forth in this Agreemont.

14.

All

parties agree to cooperate

fully in giving effect to the terms ofthis Settlement

Agreement and General Complete Release, to execute any and all supporting documents and take

all additional aotion, neoessary or appropriate, to give full forco and effoot ofthe terms and intent

of this settlement Agreement and General complete Release. Specifically, all parties agree to
cooperate
Robert

in the filing of

any paperwork needed

to

secure dismissal with prejudice of

ortiz v. New Mexico Department of Health, Fkst Judioial District cout

No. D- 101-CV-2012-0187 6.

15.

Releasor warrants, repfesents and agrees that he is not relying on the advice

of

NMDOH or RMD or anyone associated with NMDOH and RMD as to tlle legal or other
consequenoes

of any kind

axising out

of this Settlement Agreement and General

Complete

Release. Accordingly, Releasor releases and holds harmless NMDOH and RMD and any and all
counsel or consuitant for NMDOH and RMD from auy claim, cause, action or other rights of any

kind which Releasor may assert because the legal or other consequences of the Settlement
Agreement and General complete Release are otler than those anticipated by Releasor.

16,

Releasor acknowledges that he is making a knowing and voluntary waivet' of any

Aot, the New


and all rights he has had or may have had under the New Mexico Human Rights
Mexico Whistleblower Protoction Act, Title VII of the Civil fughts Act of 1964, the Civil Rights

Act of 1991, the Civil Rights Act of 1866 (42 USC $$ 1981, 1983 and 1985), the Age
Discrimination and Employment Act as amended by the Older Workers Benefit Protection Act,
the Employee Retirement Income Security Act, the Americans with Disabilities Act, the Family

Medical Leave Act, the Fair Labor Standards Act, the Inspection of Public Records Act, a claim

for breach of an exprcssed or implied employment confiaot, bad faith, bad faith breach of
contract, retaliatory discharge or termination, retaliation under any statute including the New

Mexico Workers' Compensation Act, wrongful or abusive termination, wrongful termination


violation of public policy, personal injury, mental pain, suffering and anguish, emotional upset,

of

impairment

economic opporlunities, unlawful interference

with

employment rights,

intentional or negligent infliction of emotional distess, fraud, defamation and other tortious
conduct, and including any claims for back \vages or future wages, profit sharing or retirement
contributions or fringe benefits, money damages of any kind, punitive damages, costs, liquidated
damages

or attorneys' fees. Releasor waives and abandons any claims he may have to

reinstatement into the same or similar position uihich he held at NMDOH or to any promotions
or future employment with NMDOH.

17. In entering into this Settlement


Releasor certifies that he is

Agreement and General Complete Release,

fully competent to enter into this Settlement Agreement and General

Complete Release. Releasor fluther represents that he has completely read all of the terms of

this Settlement Agreement and General Complete Release and that these terms are fully
understood and voluntarily acaepted.

18,

By signing this Seulement Agreement and General Complete Release,

Releasor

certifies that he has had the opportunity to seek counsel, he has been represented by counsel, and
he is aware

ofhis rights.

19.

This Settlement Agreement and General Complete Release shall be construed and

interpreted in accordance with the laws of the State of New Mexico.

ROBERT ORTIZ, Releasor

SUBSCRIBED AND SWORN


Robert Ortiz.

Mv Commission Expires:

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to before

." U*,fl f,day of October, 2013 by