RELEASE AN D SETTLEMENT AGREEIIENT

t.

ll.

This Retease and SetttementAgreement, made *is/Athday of August, 20f by and

between, Jeffrey Btackw'ett (hereinafter 'Btachrett"), the City of Cincinnati
(hereinafter (City"),
and Harry Btack (trereinafter 'BlacK')
rndviduauy and in his officiat capacity as City Manager of the City of Cirrinnati is
executed pursuant to the fottowing terms:
The Partes
The parties to this agreernent are as foltows:

(A)

City of Cincinnati (the "City"), inctuding its directors, emptoyees, agents,

partners, affitiates, and/or designees and
Harry Btack,
individuatty, (
their
heirs
and
administrators,
assigns;
'BtacK')
guardians, executors, and beneficiaries;

(B)
lll.

Jeffrey Blackwetl, individualty and on behatf of himsetf, his spouse, children,

heirc, administrators, guardians, executors, and benefi ciaries.

Ttre Terms

of the Retease and SettternentAgreernent

(A)

On September

(B)

Btackwett and the City of

and Black, individuatty and in
their officiat capacities
City lrtanager of the City of Cirrcinnati
wish to futty and permanently settle all differerrces and disputes relating to
Plaintiff's past emptoyrnent and the disputed ctaims between the parties.

9, 2015, Cirrcinnati Ci

lytanager Harry Btack terminated the

emfloynrent of Fotice Chief Jeffrey Btackwett. He did so in a "personrnl

action" meno sent to the layor and Cincinnati City Councit On September 9,
2015. Btackwett has indicated that tre intends to fite ctaims against the City of
Cincinnati, lvlayor Crantey and City flanager Black in the United States District
Court, Southern District of Ohio challenging that termination.

Cincinnati
as

NOW, THEREFORE, in consideration of the above circumstances and

promises of the parties tereto, the parties agree as follows:

mutual

Btackw'ett:

a.
{2O7459-1}

the

promises and agrees not to fite any tawsuits, administrative charges, or

tr

crmrp[a{nts ef rV kimd ne,at{mg to tre {ssues comcermimg r{s eanptoyme"t

wth the e{ty cw amy ottrer c[ainns w&r'eh heo ffitactwe[t, nmay $"nave aga{nst
the Ctt1l
or Btack wh{c$'r &rse prierr to ttre date of this
agneernemt;

hereby ftrtty and completety reteases the eig of ineinnati, its cotncil
rnernkrs, agerreies, deBartnrents, divisions and atl of its ernptoyees as
wetl s aL[ other Frsons, coronations, thein ernptoyees, agents,
successors and assigns
Btack, their heirs, assigns,
administrators, guardians, executors, and hneficiaries ("reteasees")
from any ctaims relating to Btackwett's emptoyment and potential
emptoyn"lent inctuding any and atl ctaims, Federal law and Ohio
statutory and common [aW and the pubtic poticy of Ohio inclurding
ctairns of sex, nationat origin, ancestry, handicap, disabitity, religion,
race and age discrimination, under Titte Vll of the Civit Rights Act of
tr964, as arnended, 42 U.S"C" 1981 and 1983, 42 U"S". SzW, et seq",
the Ohio Civit Rights Act, ehapter 4112 of the Ohio Revsed Code
("CI.R.C. 'n), Americans With Disabitities Act, the Emptoyment
Retirement lncome Security Act (ER|SA), 29 U"S"e. 21, et seq", the
Age iscrinrination and rnptoyment Act, abuse of power, due process
defarnation, conspracy, tortious interferenee with
business
netationship, anv other ctaims, which have been, coutd be or coutd have
ken asserted by Btackwelt or on his behatf, in any fornr arisil'rg out of or
connected with Etachruelt's enrpl.oynrent relationship with the City
inctuding, hut not timited to, any ctaims of breach of an irnplied or
expressed ernptoyment eontract, estoppe[, tort ctaims, sexuaI
harassrnent, and for att tiabitities whatsoever whether now known, or
.rnknown and which may have existed as of the date of this agneernent
by Btackurett, and which nelate to Btackrnett's enrptoyrnent or potential
enrptoyment with the City of Cincinnati
Btack
inelividua[[y and in thein officia[ eapactl'es"

b"

and

and

Bl.ackvet[ furtlr agrees mot to see[< any ne-emptoyr"l-ret wtth the eity of
einci'nnati or ny emrptoyrnent with any deBant"nent of the eiff of
eincinnati.

d"

l.ackwetl frther agrees not to dispanage the eib;"

8n

arrd Etack"

exchange for the dl'stm{sse[ of any c[a{yns anri the pnonnises ard reteases of
eincnnat
and ffitack gree as fottows;

ffi[aehnrett, the e$g of

m. The eisr shatt pay to ffitaek*re[[ a [n"nmp susm of'equivatent to I "5 yers satary,
inctuding 5't0,ffi arnta[ bnus, One lrundred sevent]' thousand eight
!undred fifty dottans {$170,85t.t} aften expination and rm"r-nevmatiar"r of
the seven"day waft{mg priod nefenned tu in paragraph sevem (7}" There wit[
be no obt{gatton for eosts or e'ry attmnney fees, eac$r perty being res:onrsibte
fcn

tle{r

ewn.

h. The City sha[[ addftiona[y pey ffitae$.cwe[[ rne

]'e" heatth e&re

netnrhursememt added tm the [urmp sunn refenemeed {n pnagnaph a" Ttris
arr-t"-t wdt[ he equa&. tm the rnmmthty CffiRA pnenw"unm nmu.t$pffied by I2, amd

{e2r7459*'r}

sha.t
e

be paid at the sane tinre as the payrnent nefe"eneed im 3(a).

" The eity shatl returr Elaccwett's two senvtce weapns, eover, and badge"

d"

The City shal.t pay to Fneking fyers & Reut, LLe attorney fees in tlre arnount
of eighty-fou" thousand one hundred fffty dottars ($84,150"m).

e"

The City's necords witl be arnended to reflect Btackwell resignation"

f.

The

City

and Black further agree not to disparage Btackwett.

g. The payment of sums in sections 3(a)-(d) above is in futt satisfaction

and all ctaims arising out
the City of Cincinnati"

of any

of Btackwett's emptoyment and departure from

The parties agree to keep the terms and conditions of this agreernent
confidential except as may otherwise be provided by law and except that
Blackw'et[ may indicate that the matter has hen satisfactorily resolved.
The panties understand that the setttement payment may be subject to
Federal, State and locat taxes. Accordingty, City of Cincinnati wi[[ issue an
appropriate misceltaneous Forrn 1099s for the payment as set forth above in
the respective tax year for which payment is made. ln the event that it is
deterrnined that such payment is taxabte, Ptaintiff shatt be sotety respnsibte
for the payment of such taxes attributable to him and agrees to hold the the
Ciqr
and tstack harmtess for any tax or tax penatties that may h
assessed" The surns paid ane not to considened as payment for purposes of
any wages or retirernent systenr contributions.

6"

It is .nderstood and agreed that by entering into ttris settternent, the

'

City

and Btack do not admit any tiabitity or viotation of the Ohio Revised
Code or of any otfter Federat or State statutory law or the pubtic policy on
conn"on law of Ohio, inctuding contract [aw, promissory estop:et, sex-al
harassment, and/or any of Btackwel.t's rights. To the contrary, the City
and Black specificatly deny conrrnitting any wnongftrl act, and have entered into
this agneement sotety in the intenest of nesotving at[ ctairns and issues retated
to Ftaintiff's emptoyrnent with the City of Cl'nrcinnatt"
v

ffitac[wvetl grees tlrat he ndenstands his rights, and has been advised of the
rigltt to disct"ss this agneerne't with his eounse[ and acknowl.edges that he has
reviewed t"le sr"re wit' eornse[ and ur'denstands tlri's agreerment and enters
into it vol.untarity"

ffitackwe[[ acknowLedges ttrat he has been given twenty-ome (2'f ] days to

coslsider the terns of this agreernent and atso t[rat he !'as seven (7) days
fottowing tlre execution of this agreernent to revoke tt"lis agreernent and has
discussed its terrrrs with his attonntey. f Btackwetl nevokes thl's agreennent, he
r"rust e{o sCI in wniting to the et@r.
and B[ack's counse[ of reeord"

{0207459-'}

No parly has waived any rights or ctaims that may arise after the execution of
this agreement.

10.

BLACKWELL, BY SlGNlNc THIS AGREE\{ENI, UNDERSTANDS THtr HE HAS WAIVED

ALL CLAIMS AGAINST THE
AND BI.ACK AND TS RESPECTIVE
Ei{PLOYEES OR OTHER AGENTS, INCLUDING ALL CLAffiS TO LOST WAGES,
BENEFITS OR PAYMENT oF ATTORNFY FEES oR OTHER DAtr{AGEs AND HAs BEEN
GrvEN TWENTY-ONE (21) DAYS TO CONSTDER TH|S AGREEMENT AND SEVEN (7)
DAYS FOLLOWING EXECUTION OF THIS AGREEMENT TO REVOKE THIS AGREEMENT
AND CERTIHES THAT HE HAS ENTERED INTO THIS AGREE,TENT KNOWINGLY
VOLUNTARILY AND AFTER HAVING HAD THE OPPORTUNITY TO CONSULT WITH
COUNSELAND REVIEW THIS DOCUMENT IN ITS ENTIRETY.

CITY

lN WTNESS WHEREOF, the parties hereto have executed

Agreernent as to the day and year first noted above.

this Retease and Setttenent

WTNESSES:

Date:

9-/2'/,

Date:

8'tz- /L

Blackwell

?
Attorney for

Blackwell

City of

By:

[0020745e-1]

Date:

t [".e lrc

Dare:CIlrt
Harry

By:

Attorney for Harry Black

{w2o745e-1}

Date:

ellzou,
-T