LAST CHANCE AGREEMENT ‘Sean McHugh (“McHugh”) and Cleveland Metroparks for mutual consideration, the adequacy of which they each acknowledge, hereby enter into this Last Chance ‘Agreement, and agree as follows: 4) In April 2013, Cleveland Metroparks became aware of two complaints made regarding McHugh's behavior to the State of Ohio Auditor's Office (‘AOS"). The complaints had been made anonymously to the AOS fraud hottine in November and December 2012. The complaints alleged the following behavior: 8, McHugh and a subordinate employee, Brad Vecchio (‘Vecchio’), traveled to a seminar or a Toro Company ("Toro") facity, had their room, board and other expenses paid for by Toro, and as a result, purchased Toro golf course equipment for Cleveland Metroparks; and '. McHugh engaged in a pattem of misuse of a Cleveland Metroparks vehicle. 2 On April4, 2018, Cleveland Metroparks retained outside counsel ("Counse'’) to ‘conduct an investigation into the above-noted allegations. On May 16, 2013, ‘Counsel submitted an investigation report that provided the following findings: ‘a. McHugh did not make purchasing decisions regarding Toro equipment based on financial incentives from Toro; and b. McHugh inappropriately used a Cleveland Metroparks vehicle to conduct personal business on several occasions, Based on the information cited to in Paragraph 2, above, the parties agree that there is just cause to terminate McHugh’s employment with Cleveland Metroparks for failure of good behavior and misconduct. 3 4) In consideration of continued employment, McHugh and Cleveland Metroparks agree to this Last Chance Agreement in an effort to demonstrate that McHugh can be a responsible, dependable and productive employee of Cleveland Metroparks. In ‘exchange for being granted this “one last chance’, McHugh agrees to the following terms: ‘a. McHugh shall serve a ten (10) day suspension for failure of good behavior and misconduct. Five (6) of the suspension days shall be non-working, unpaid5) Last Chance Agreement - McHugh, Sean June 11,2013. Page’2 of 3 suspension days. The remaining five (5) suspension days stall be working, paid suspension days (ie., McHugh is required to report to work for his regular working hours on these days, but will receive full compensation for performing ssuch work); b. On orkefore May 31, 2013, McHugh shall reimburse Cleveland Metroparks for all past private use of any Cleveland Metroparks vehicle, Such reimbursement shall be at the rate of $.565 per mile of private use. Effective immediately upon execution of this Last Chance Agreement, McHugh shall maintain a log ofall travel, including every stop, in any Cleveland Metroparks vehicle. This log shall be subject to review andicr audit by Cleveland Metroparks at its discretion. 1d. McHugh must adhere to all policies contained in the Cleveland Metroparks. Employee Handbook throughout the remainder of employment. Failure to do so ‘may result in a disciplinary action up to and including termination consistent with recogn zed policies and procedures. ‘@. Any viclation of the terms ofthis agreement or any violation of any Cleveland Metroparks policy relating to misuse of Cleveland Metroparks vehicles may result inthe immediate termination of McHugh’s employment with Cleveland Metroparks, f. The terms and conditions of this Last Chance Agreement are reasonable, [McHugh has no right to appeal any (ers ofthis Last Chance Agreement, including the ten (10) day suspension, through the Employee Dispute Resolution Process (Section 501-A of Cleveland Metroparks Employee Handbook). ‘The parties agree that this Last Chance Agreement does not constitute an expressed or implied contract of employment between McHugh and Cleveland Metroparks. McHugh remains an at will employee and either Claveland Metroparks ‘of McHugh can terminate the employment relationship at any tine for any reason.Last Chance Aareement - McHugh, Sean ‘June 11, 2613 Page’33, I have read and understand the above and agree to the conditions ofthis Last Chance Agreement for my continued employment with Cleveland Metroparks: G-/4- 2018, DateSean P. McHugh ‘Truck Usage 2010 Columbus for Ohio Turfgrass Conference - met son for dinner Tripto Hinckley Stafflunch (2) Doctor appointment 2011 Columbus for Ohio Turfgrass Conference - met son for dinner ‘Trip to Athens ‘Trip to Hinckley Fair Board Meetings Stafflunch (2) Doctor appointment 2012 Columbus for Ohio Turfgrass Conference - met son for dinner ‘Trip to Hinckley Fair Board Meetings Stafflunch (2) Doctor appointment (2) 2013 ‘Trip to Hinckley ‘Trip to Columbus Fair Board Meetings Lunch Wife's office - Cleveland (3) Dentist appointment (2) TOTAL 152 10 miles 60 miles 20 miles 5 miles 10 miles 410 miles 60 miles ‘72 miles 20 miles ‘Smiles 10 miles 60 miles 72 miles 20 miles 10 miles 60 miles 135 miles 18 miles 30 miles 45 miles 40 miles SoS $50.08 fro a ni Ags1@ BPs or 45524 DHDave Yost - Auditor of State MANAGEMENT LETTER, Cleveland Metropoltan Park Distt (Cuyahoga County {101 Flin Paray Tote Board of Park Commissioners: \We have ausies the franca statements of Cleveland Matropoltay Ohi, te bist) n accordance win Government Aucng Stan December 31,2012, and have issued our report thereon cated Jug Disc, Cuyahoga County 2s of and for re Yor ended 2018, Government Audting Standards require us 1 epor sigiigaw intecraRtrl dofcincies, feu, and egal cs (ocuding noncompliance wis laws and regugifB), and also yg and poncomptance wih Corrects and grat agromenis that cou aeecty andfateipy aflect nPactemination of nancial Statement amounea We have iseved the requres tine X, 2015, fo Uw year ended December 31,2012 Offce of Management and Budget Circular we repot all material (and certain Inmatera instances of noneemplancs, sign and matfal weaknesses intemal entol oat to major feral franca Fave lnted the tenured reported consieration regarding the Dstt’ compliance enact proviions ana ileal comwol” Ths ‘omment retest a mater ure Inclusion n he foports Government Aung Standards ‘4198 raqure. Novereless tis comment representa 8 Smplance or ternal coneois or operational eficercles ratre of our aut, we have not uly assessed tha cost-beneft fendabon. However his comment afacs ur coriving deste jeans of concern regarding ths comment pleate contact Your We ac also submting he fl {o assist your Disc yo regional Aude of Sate affee Noncompliance Districowned Vehicle Usage Poticy Cleveland Metropars Accounting Manual Seton 100 (107): General Accounting Polis, slates, Park Distt regular feet vohcis should rot be used fr personal business. Howover, the. Deparmont Decor ean approve In wing Kmted exceptions (Le, wavel wile at an ut of town conference Io et alter te conerence has acjoned forte day ‘The Ohio Auster of Site's Gest Practoes Volume 1 Issue 2 sale to perform jb functons more sind and to provide @ greater ave of service fo resceris, many governments extend the use of ‘istic-owned vehicles to thar employees. Goverment realze hat n many ereurstances assigning 2 ‘hice to'an employe is more soe affective than remburing an employee for mileage sven In 3 Personal vere. However, by proving vehicles te employees, governments expose thomselvs 10 Potente! abuse” thorough and soune pales, coupes wih giant montonng, e28 hep prevent and Select thee instances of abut.Cleveland Motepaitan Park Diet Cuyahoga County Management Letter Pagez Noncompliance (Continued) District Owned Vehicle Usage Policy (Continued) A Distct employoo used a dtic-ouned vehicle contrary tothe aforementioned poly. The Oise, tmploye used the datielcomed vehicle fo dive to his tom's calege n Coumbus, Oho and retum in ome f Cevetsnd. The Dict employes ais ute th iss onned vee to cve te Hincey. ON {o pickup another vice when wae eventually used fo drve to hs daughtrs cologe s Athens, Oho nd return bar Pome te Geveland Addtenaly, ty empioyoe used the diet owned vetce to dive ie ‘itt her placa of employment. None ofthe aforementioned vehi use was approve, futher each ‘oe volte the Dees pote. ‘The Disc id nct maintain vehice usage log. Therefore, the Distal to iscovr the abuse of dlsirctowned varie by an employee who wan using the vel fogfeonal Us, wach a vilaton of the Distt’ pokey Wo rocommend the Distct exer implomerting alton 35 2 cotalod vehicle usage lag. ‘A dataled og may help o ensure that daticrowned sed fr persona vata tbe convary to Distet or Sate requirements The Toviewod fer complotness and sccuracy, ebowed By 2 Pegratures to suppor the erie made We itend tis poet forte Intemation and us 1 Commizsoner, aust commits, ‘and management. Dave Yost Audio of State nex, 2013