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HomeMy WebLinkAboutRESOLUTION - 10-98 - 3/10/1998 - GENERAL RELEASE/CLAIMS/SETTLEMENT AGRMTRESOLUTION NO. 10-98 A RESOLUTION AUTHORIZING THE VILLAGE ATTORNEY TO ENTER INTO A GENERAL RELEASE OF CLAIMS AND SETTLEMENT AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND ROBERT L. ARNOLD BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Cook and DuPage Counties, Illinois as follows: Section 1: That the Village Attorney is hereby authorized to executive, on behalf of the Village, the General Release of Claims and Settlement Agreement between the Village and Robert L. Arnold, a copy of which Agreement is attached hereto and incorporated herein. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 10th day of March '1998. APPROVED this loth day of Craig B. Johnson Village President ATTEST: Patricia S. Smith Village Clerk .e #20911 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION ROBERT L. ARNOLD, Plaintiff, VS. ELK GROVE VILLAGE POLICE PENSION FUND, et al, Defendants. ORDER No. 96 CH 9622 Honorable Stephen A. Schiller Judge Presiding THIS MATTER appearing on Plaintiff's Motion to Dismiss from this action Defendants VILLAGE OF ELK GROVE VILLAGE and FRED J. ENGELBRECHT; due notice have been given; the parties appearing through counsel, and the court being advised in the premises; The Court finds that the Plaintiff and Defendants, VILLAGE OF ELK GROVE VILLAGE and FRED J. ENGELBRECHT have entered into a good faith settlement of claims; IT IS HEREBY ORDERED that the Defendants VILLAGE OF ELK GROVE VILLAGE and FRED J. ENGELBRECHT are hereby dismissed with prejudice. DATE: March 11, 1998 THE SULLIVAN FIRM, LTD. ATTORNEYS FOR THE PETITIONER 2550 W. GOLF ROAD, SUITE 101 ROLLING MEADOWS, IL 60008 (847) 228-1100 ENTERED ENTER: MAR 11 199 JUDGE STEPHEN A SCHILLER•167 GENERAL RELEASE OF CLAIMS AND SETTLEMENT AGREEMENT This General Release of Claims and Settlement Agreement is entered into this/ I f( day of March, 1998 by and between Robert L. Arnold ("Arnold"), of Elk Grove Village, Illinois and the Village of Elk Grove Village, a municipal corporation, and Fred J. Engelbrecht, Chief of the Police Department of Elk Grove Village, Illinois (collectively "EGV"). WHEREAS: 1. On May 9, 1996, the Elk Grove Village Police Pension Board rescinded Arnold's disability pension effective April 30, 1996 and certified to EGV that Arnold was fit for duty. 2. On April 30, 1996 and May 3, 1996, Arnold advised EGV of his desire to report to duty. 3. EGV refused to reinstate Arnold for, among other reasons, its claim that no sergeant's position was open. 4. In December of 1997, a sergeant's position opened due to the retirement of an officer. 5. EGV sent Arnold to Dr. Richard S. Rabinowitz at Barrington Orthopedic Specialists to determine Arnold's fitness for duty. Rabinowitz referred Arnold for examination by Steps Industrial Rehab Clinic to assist him in his medical evaluation. 6. Rabinowitz advised EGV that Arnold could only work in the light to medium work level as opposed to the heavy work level required as a police officer and thus, Arnold should continue with his permanent disability from the police department. 7. EGV asserted that it could not return Arnold to an unrestricted, full time sergeant's position for his safety and the safety of others. 8. Arnold has insisted that he be returned to a full time position. 9. There is presently pending in the Circuit Court of Cook County, case number 96 CH 9622, captioned Robert L. Arnold, Plaintiff v. Elk Grove Village Police Pension Fund, et al., Defendants, wherein Arnold has certain claims against, among others, EGV. 10. EGV has informed Arnold that it is asserting a claim against Arnold for reimbursement of payment of insurance premiums by EGV on behalf of Arnold through April 1, 1998. 11. The parties mutually wish to compromise, resolve and settle all possible disputes and claims made in the pending case and in the pending dispute regarding Arnold's efforts to return to work, and all other actions arising from Arnold's past and future employment with EGV. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, receipt of which is hereby, it is hereby agreed as follows: 1. Arnold agrees to take early retirement from the Police Department effective March 11, 1998. 2. In consideration of the covenants contained herein, and the dismissal with prejudice of the above identified action only as to the defendants, EGV, (specifically excluding the Elk Grove Village Police Pension Fund), EGV agrees to pay to Arnold in full, final and complete satisfaction of all Arnold's claims: a. The sum of Twenty Thousand Dollars ($20,000.00), less taxes and required deductions, as severance pay; and b. The sum of Eighty Thousand Dollars ($80,000.00) in exchange for the release of any and all claims for compensatory damages and pain and suffering relating to continued physical injuries incurred in the course of his employment which were not compensated by the settlement of Arnold's workers compensation claim against EGV. 3. EGV releases Arnold from any and all claims for reimbursement relating to EGV's payment of insurance premiums on behalf of Arnold through April 1, 1998. In consideration of said release, Arnold agrees that in the event that he receives any funds from the EGV Police Pension Fund, in settlement or after judgment in the pending litigation, he will reimburse EGV in the amount of 50% of the recovery less all attorneys fees and costs incurred in the prosecution of Case No. 96 CH 9622. 4. EGV will offer Arnold the same health insurance. options that are presently available to other members of the police department, individual or family coverage, so long as Arnold reimburses EGV for the cost of said coverage within 10 days of billing. 5. Except for the obligations of EGV under this agreement, Arnold hereby irrevocably and unconditionally releases and forever discharges EGV, their successors, assigns, employees, agents, and representatives from any and all claims, past or present of any nature whatsoever, now accrued on account of any causes of actions, whether known or unknown, which he may now have against the EGV arising out of or connected with, directly or indirectly, Arnold's employment with EGV. The parties affirmatively acknowledge that this Release does not release the Elk Grove Village Pension Fund in connection with any claims, including the claims alleged in the pending lawsuit. 6. Arnold agrees that , through his counsel, he will dismiss the above reference claim with prejudice against EGV by executing the necessary documents to effect this dismissal, each side to bear its own costs and attorneys fees. 7. This Release of Claims and Settlement Agreement is the entire agreement between the parties . 8. The parties agree that all of the conditions and obligations of this Settlement Agreement are material and that a breach of any of its provisions would constitute a material breach. In the event that either party brings legal action for the enforcement of this Agreement, the prevailing and non -breaching party shall be entitled to payment of costs, including reasonable attorneys fees, incurred in bringing the legal action.. DATED: March 11, 1998 Robert L. Arnold ROBERT L. ARNOLD VILLAGE OF ELK GROVE VILLAGE And FRED J. ENGELBRECHT BY: George B. Knickerbocker Theig authorized Agent