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Division: |
Human Resources (HR) |
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Title: |
Standard
Operating Procedures |
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Procedure: |
SETTLEMENT
AGREEMENTS GUIDELINE |
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Original Effective
Date: |
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Revised Effective Date: |
4/10 |
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Settlement Agreement Guidelines When
all parities mutually agree to resolve
a grievance, Human Resources will prepare an agreement as follows: Step
1: Secure
mutual agreement of employee and management relating to grievance filed
pursuant to DHHS Directive III-8. Parties must voluntarily participate. Grievant agrees to waive right of further
appeal. Back pay/front pay must also
be incorporated in the agreement, if applicable. If done as resolution to Step 2 appeal,
management must respond within 10 calendar days, unless grievant consents to
continuance. Step 2: Draft
proposed agreement. (Settlement
Agreement Template) Identify issues and terms mutually agreed
upon by parties. Step
3: Submit
draft agreement to the DHHS Employee Relations Section for review and
approval. Step 4: Execute Settlement
Agreement (Secure notarized signatures of respective
parties.) Step 5: Obtain all required
relevant documents mentioned in the agreement. Step 6: Calculate Back Pay (if
applicable) Step 7: Forward executed agreement
to DHHS Employee Relations Section to secure OSP approval, if required. The DHHS Employee Relations Section will coordinate
agreements requiring OSP approval (those involving an exception to or
variance with existing personnel policies, attorney’s fees, back pay, etc.)
OSP authorization is not needed for agreements allowing an employee to
substitute resignation for dismissal and requiring the employee to withdraw a
grievance. Include
back pay forms (PD-14’s) and Personnel Action Form for actions related to
settlement agreements. DHHS Classification/Compensation
will approve and forward to OSP. Step 8: Revise Personnel Action
Form to reflect settlement. Step 9: Complete
Beacon Grievance tracking system in compliance with settlement agreement. Step 10: Pull
employee’s personnel file to ensure compliance with settlement agreement,
including pulling correspondence relating to dismissal or other action,
noting neutral references, etc. Step11: File
Settlement Agreement in grievance file separate from employee’s personnel
file. Standard
Settlement Agreement (substituting a voluntary resignation for dismissal,
etc. – does not require OSP approval) STATE
OF COUNTY
of _________________ MUTUAL RELEASE This
Mutual Release and Settlement Agreement (“Agreement”) is made this _____day
of ________, 20__ by and between ____________________________
(hereinafter referred to as “Grievant”) and the
_________________________________ (division/facility/school) (hereinafter
“the ___________________________”). WITNESSETH: WHEREAS,
Grievant is a former employee of _________, having last worked at the
___________ as a _______________ ; and WHEREAS,
Grievant’s employment was terminated, effective ____________, 20__; WHEREAS,
Grievant, the_________, and the Department find it mutually desirable to
resolve all claims which have arisen or might arise as a result of said
termination; THEREFORE,
IT IS HEREBY AGREED AS FOLLOWS: 1.
The ______________ shall rescind Grievant’s termination and
remove the following from Grievant’s personnel file: Dismissal letter dated _______________,
signed by ___________ and all documents referring to the dismissal. 2.
The __________ shall revise the personnel action form (Form
PD-105) effecting Grievant’s separation
from employment at the __________to reflect a voluntary resignation,
effective _________________. 3.
In response to employment verification and/or reference
inquiries, the _____________shall provide a “neutral”
reference concerning Grievant’s
employment at the ___________. The
“neutral” reference shall include only the following information: a.
The beginning and ending dates of Grievant’s employment; b.
Grievant’s job classification and rate of pay at the time of
his separation; and c.
A brief description of Grievant’s duties as a _____________. For
good and valuable consideration set forth above, Grievant agrees as follows: 4.
Grievant shall submit to the Department, prior to or
concurrent with the execution of this Agreement, a written resignation from
___________employment, effective _____________. 5.
Grievant shall waive any Department of Health and Human
Services, Federal and State appeal rights he might have arising out of
Grievant’s employment by and separation from the _______________. 6. Grievant shall also release the
Department, the______________ and their officials, representatives and employees of any and all liability or
responsibility for any and all claims arising out of grievant’s employment by
and separation from the __________. 7.
Grievant shall not reapply at ___________. The
above-stated agreement constitutes the entire agreement as specified by the
parties and the considerations stated herein are contractual and are not a
mere recital. IN
WITNESS WHEREOF, the undersigned parties set their hands and seals as of the
dates written below. Date:
_______________________________________ Employee (Seal) _______________________________________________ Date:
_______________________________________ Director/Agency Head (Seal)
______________________________________ ACKNOWLEDGEMENT CERTIFICATE ____________County I certify that the following persons personally appeared before me this day, and (I have personal knowledge of the identity by a current state or federal identification and with the principal’s photograph in the form of______________) (a credible witness has sworn to the identity of the principal(s); each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: DATE_________ ___________________________________ NOTARY PUBLIC (Seal) (Official Seal) My commission expires:_______________ |
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