‘SEPARATION AGREEMENT AND RELEASE OF CLAIMS
‘This Separation Agreement and Release of Claims (“Agreement”) is made by and
between Christopher Eldridge (“Administrator”) and Horry County Government (“County”)
WHEREAS, the paties hereto have determined that it sin their present mutual best
interest for Administrator te separate ffom the employment of County onthe terms and
conditions contained herein.
NOW, THEREFORE, in consideration ofthe mutual promises and releases contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1
The partes hereto agree that Administrator will resign from employment as
Administate of Horry County Government. The resignation will be effective as
‘of the close of business on Thursday, April 16, 2020 (hereafter referred to as “End
Date”). Notwithstanding the End Date, as of Wednesday, April 17, 2019,
Administrator will perform no further duties or responsibilities on behalf of
Horry County Government. As ofthe signing of this Agreement,
‘Administrator shall have no further authority to sign or act in any eapacity
‘on behalf of Horry County Government. Administrator understands that he is
‘not authorized to represent himself asa representative of Horry County
Government in any venue or circumstance after the signing ofthis Agreement.
‘Administrater will have no email access through the County server, and will not
engage in any formal ar informal communications representing himself as
Administrater as ofthe signing of this Agreement. However, upon request of
Council, Administrator agrees to cooperate with County with regard to all
requests for information or assistance in the transition of his duties or projects.
‘Administrator agrees to retum all County property by the close of business on
‘Wedinesday, April 17, 2019, including but not limited to: laptop cellular phone,
‘Pad or other electronic devices, procurement or charge cards, access cards or
badges, keys. or other County property Administrator may have in his possession
or contol including passwords.
Up to the lose of business on the End Date, Administrator shall continue to
receive ongoing compensation on a biweekly basis at his current salary, without
any changes, modifications or deletions, which shall include a car allowance,
jon time and paid holidays provided to County employees.
Administrator will not, however, receive any bonus, step, cost of living
adjustment, cr other increased compensation which may be paid to active stall
during the period up tothe End Date.
acerual of wiInadaition w ongoing compensation atthe curent rate and terms which shall
‘continue until Thursday, April 17,2019, Administrator is entitled tothe folowing
payments
‘A. On or before May 1, 2019, 6.5 weeks of Administrator's base salary, not
including ca allowance, and less applicable taxes and deductions, shall be paid to
the State of South Carolina Retirement System on Administrator's behalf, forthe
purpose of purchasing service time, Administrator shall be responsible to cause
the submission of any and all documentation or applications required for the
‘described transaction to aceu, with County’s cooperation, ‘The parties
acknowledge thatthe County does not control the determination of any service
time purchase with the State of South Carolina Retirement System, and County
hhas made no representations or warranties with respect thereto,
In the event hat it is not possible to effectuate the purchase of service time with
the State of South Carolina Retirement System for any reason, County agrees to
remit the payment set forth inthis paragraph directly to Administrator,
B. Onor be'ote May 1,2019, 6.5 weeks of Administrator's base salary, not
including car allowance and les applicable taxes and deductions, shall be paid to
Administrator's attorney, Amy Gaffney atthe following address: GaffheyLewis
LLC, 3700 Forest Drive, #400, Columbia SC 29204,
. On or bebe ten (10) days ftom the execution of this Agreement,
Administrator will receive a payout of Two Hundred and Thirty Nine (239) hours
from his accued vacation leave account, less applicable taxes and deductions.
Up to the End Date, Administrator shall continue to receive and be enrolled in all
‘of County’s >enefit plans in which he is currently enrolled, atthe same terms and
conditions as currently maintained, including but not limited to health insurance.
Until the End Date, Administrator will continue to aeerue leave time and will
receive a one hundred (100%) cash payout of any accrued vacation time which
‘Administrator may have in his acount as ofthe End Date, Any accrued sick time
that Administrator has acerued wil be forfeited as of the End Date.
As of the close of business on the Fnd Date, Thursday, April 17,2020,
Administate’s compensation will cease, and his employment status will be
reflected as “voluntarily terminated”. Administrator will represent at all timetimes that he has voluntarily resigned. All benefits which Administrator received
asan active Administrator shall be terminated onthe End Dat.
Following the End Date, Administrator shall be entitled to any and all other rights|
and benefitsafforded to other separated Administrators of County, including,
without limitation, retiree benefits and the right to elect to continue, at his cost,
‘medical insurance coverage in accordance withthe rights of ertirees andl the
health care continuation coverage provisions of the Consolidated Omnibus
Budget Reeenciliation Act of 1985 ("COBRA"). Horry County agrees to provide
all required noties to separated Administrators, including COBRA notices within
applicable time limits following Administrator's separation.
Horry County Government agrees not to oppose or contest any claim for
‘unemployment benefits to the South Carolina Employment Security Commission
that may be filed by Administrator. Notwithstanding, the parties acknowledge
thatthe SCESC's determination of eligibility for benefits is independent and not
within the centro! of County
Releases
The parties,on behalf of themselves, their agents, officers, servants, assigns,
heirs, dependents, assigns and successors, hereby covenant not to sue and
fully release, acquits, and discharges the other party, and Its agents, officers,
servants, assigns, heirs, dependent, assigns and suecessors, from any and all
alleged clains, wages, demands, assistance, support, rights, liens, contracts,
covenants, actions, suits, rights to appeal, causes of action, obligations, debts,
costs, expenses, interest, attorney's fees, damages, judgments, orders and
liabitties whatsoever, of any kind and nature, in law, equity or otherwise,
whether known or unknown, without limitation, arising out of or in any way
connected with Administrator's employment relationship with Horry County
18 prior tothe date of this Agreement.
‘The Administrator specifically releases the County, and its agents, officers,
servants, assigns or successors from the following causes of action, but not be
Timited to ary and all claims for breach of any contract (express or implied);
{ort claims, claims for discrimination based on sex, race, national or ethnic
1. age, religion, creed, marital status, sexual orientation, mental or
physical disability or medical condition or other characteristies protected by
statute, including but not limited to claims or eauses of action arising out of
the Age Discrimination in Employment Act, Title VII ofthe Civil Rights Act,
Civil Rights Act of 1991, Rehabilitation Act, Americans with Disabilities Act,