VCPD-ThompsonValley City  (CSi)  The terms of the resignation agreement between the City of Valley City and (Former) Police Chief Fred Thompson were released on Friday.

Highlights of the agreement include that  Thompson receives a severance pay of $110,000 on January 3rd 2017, and that Thompson will have no duties or authority to act as the Chief of Police in Valley City.

On December 8th,  meeting in Special Session the Valley City commission unanimously approved  a resignation agreement with  Thompson.

The 7-a.m. meeting was recorded by CSi Cable with the replay on CSi Cable 68, along with the Regular Session that was held on Wednesday evening.

At the August 15, 2016  City Commission meeting, the City Commission officially recognized the continued employment of Police Chief Thompson and that a previous resignation letter by Thompson submitted  in October of 2015,  effective January 15, 2016 was not formally accepted by the City Commission.

 

Terms of the December 2016 resignation agreement:

This Settlement and Release Agreement (“Agreement”) is entered

into by and between Fred J. Thompson (Chief Thompson), 465 5th Ave.

SW  Valley City  North Dakota, and City of Valley City

including its present and former officers, employees,

commissioners, agents, attorneys, and insurers and any of them

whether in their individual or official capacity (collectively 11 the

City”) .

  1. Chief Thompson was appointed the Chief of Police of The

City of Valley City, North Dakota, on July 9, 2012, and

has served as the City’s Chief of Police since then.

  1. Chief Thompson and the City desire to enter into a

severance agreement related to Chief Thompson’s

employment with the City.

  1. Chief Thompson and the City understand this Agreement

settles all claims against the other whether known or

unknown related to Chief Thompson’s employment with the

City.

NOW  THEREFORE  for good and valuable consideration1 the

receipt and sufficiency of which is hereby acknowledged, the City

and Chief Thompson agree as follows:

  1. Mutual General Release and Discharge. In consideration for

the Payment described in Section 3 and all other terms of this

Agreement as set forth herein, the parties for themselves and their

heirs, administrators, personal representatives, legal

representatives, officers, staff, agents, assigns and successors,

and each of them, hereby completely releases and forever discharges

each other, including present and former officers, employees,

commissioners, agents 1 attorneys, and insurers of the City, and

each of the foregoing persons, heirs, assigns 1 administrators and

successors, or any of them, of and from any and all liabilities,

claims, demands, obligations, actions, causes of action, rights,

damages, costs, interest, expenses and compensation of any nature

whatsoever, whether or not now known or contemplated, whether based

on a tort, contract, or any other theory of recovery under the

Constitution of the United States, the Constitution of the State of

North Dakota, any Federal statute or Federal law or regulation, any

law of the State of North Dakota or any other theory of recovery

which Chief Thompson now has, or which arose out of conditions or

any way is connected with Chief Thompson’s employment with the City

from the beginning of time to the Effective Date of this Agreement.

Chief Thompson understands that by releasing any and all legal

claims against the City, he is releasing all of his rights to bring

any claims against the City based on any actions, decisions, or

events occurring through the date of his signing this Agreement,

including claims related to the terms and conditions of his

employment. Chief Thompson’s release includes any claims based

upon:

  1. Federal, state or local employment discrimination laws,

regulations or requirements, including but not limited to

North Dakota state law Title VII of the Civil Rights Act

of 1964, as amended (42 U.S.C. § 2000e, et seq.) i 42

U.S.C. § 1981i the Age Discrimination in Employment Act

(29 u.s.c. § 621, et seq.); the Family Medical Leave Act

(29 U.S.C. § 2611, et seq.); the Americans with

Disabilities Act (42 U.S.C. § 12101 et seq.); the Fair

Labor Standards Act (29 U.S.C. § 20, et seq.); the

Employee Retirement Income Security Act of 1974, as

amended (29 U.S.C. § 1001, et seq.); violation of public

policy, invasion of privacy, and whistle blower action;

  1. Fiduciary and other claims under the Employee Retirement

Income Security Act, 29 U.S.C. § 1001, et seq. (except

this does not waive Chief Thompson’s rights to his vested

benefits under the City’s retirement plan, if any):

  1. Any other statute, ordinance, or regulation;
  2. Any contract, quasi-contract or promissory estoppel;
  3. Any tort, including

misrepresentation, fraud,

distress, or defamation; or

wrongful

infliction

discharge,

of emotional

  1. Any other theory, whether developed or undeveloped.

Nothing contained herein, however, shall be construed to

prohibit Chief Thompson from filing a charge with the Equal

Employment Opportunity Commission, however, Chief Thompson’s

release contained in this Section includes a release of his right

to file a court action or to seek individual remedies or damages in

any Equal Employment Opportunity filed court action, and Chief

Thompson’s release of these rights shall apply with full force and

effect to any proceedings arising from or relating to such a

charge. Chief Thompson further agrees that he will not institute

any claim for damages, by charge or otherwise, nor will he

authorize any other party, governmental or otherwise, to institute

any claims for damages via administrative or legal proceedings

against the City. Chief Thompson also waives the right to money

damages or other legal or equitable relief awarded by any

government agency related to any such claim.

The City and its present and former officers, employees,

commissioners, agents, attorneys, and insurers release Chief

Thompson from any and all liabilities, claims, demands,

obligations, actions, causes of action, rights, damages, costs,

interest, expenses and compensation of any nature whatsoever,

whether or not now known or contemplated, whether based on a tort,

contract, or any other theory of recovery under the Constitution of

the United States, the Constitution of the State of North Dakota or

any other theory of recovery which the City now has, or which arose

out of conditions or any way in connected with Chief Thompson’s

employment with the City from the beginning of time to the

Effective Date of this Agreement.

This Agreement shall be fully and completely binding and a

complete settlement between Chief Thompson, the City, and their

heirs, executors, administrators, personal representatives, legal

representatives, assigns and successors. It is the intention of

all parties that with the execution of this Agreement, the City and

Chief Thompson will be absolutely, unconditionally and forever

released from all claims and obligations related to the matters

discharged herein.

  1. Resignation of City Employment. Chief Thompson’s

relationships, agreements, and contracts with the City including,

but not limited to Chief Thompson’s status as an employee, as well

as any obligations of the City pursuant to contracts or agreements

which are not specified herein with the specific exception of

vested ERISA benefits, ends on January 3, 2017. Except as otherwise

provided in this Agreement, all benefits and privileges of

employment end as of the close of business on that date except as

specifically provided in this Agreement.

  1. Payment. In connection with Chief Thompson’s resignation,

the City will pay to Chief Thompson severance in the amount of One

Hundred Ten Thousand Dollars ($110,000.00) on January 3, 2017.

These payments do not include any other benefits Chief

Thompson had while an employee of the City unless otherwise

outlined in this Agreement. Further, Chief Thompson acknowledges

that Chief Thompson is not entitled to these payments unless Chief

Thompson signs this Agreement and that the payments will be made to

him on the later of the expiration of the periods of acceptance and

rescission as outlined in this Agreement and January 3, 2017.

  1. Vacation. Chief Thompson will be on vacation from the date

the City approves this Agreement until January 3, 2017, and paid

salary and benefits until January 3, 2017; provided however, Chief

Thompson will have no duties and obligations as Chief of Police and

no authority to act as Chief of Police through January 3, 2017

  1. COBRA. Chief Thompson agrees that his resignation from the

City is a qualifying event which commences Chief Thompson’s right

for continuance of applicable group health insurance at Chief

Thompson’s own expense and within the provisions of the

Consolidated Omnibus Budget Reconciliation Act (COBRA) .

  1. Group Life Insurance. If Chief Thompson wishes to continue

at his expense his term life insurance policy from and after

January 3, 2017, Chief Thompson should contact a representative of

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Fort Dearborn Life through its local representative.

  1. Other Deductions. It is Chief Thompson’s responsibility to

make arrangements to directly pay any amounts now being deducted

from his pay check if he wishes to continue to continue paying

them.

  1. Acceptance Period. The terms of this Agreement will be open

for acceptance by Chief Thompson for a period of twenty-one (21)

days or Chief Thompson may in writing waive them. During that time

Chief Thompson may consider whether or not to accept this Agreement

and consult Chief Thompson’s counsel to advise him regarding the

same. Chief Thompson agrees that changes to this Agreement, whether

material or immaterial, will not restart this acceptance period.

  1. No Disparagement. The parties mutually understand and agree

this Agreement is in their mutual best interests. Both parties

agree that they will not disparage the other.

  1. Right to Rescind or Revoke. Chief Thompson has the right

to revoke this Agreement only insofar as it extends to potential

claims under the Age Discrimination in Employment Act by informing

the City of his intent to revoke this Agreement within seven (7)

calendar days following his execution of it. To be effective, any

such rescission must be in writing and hand-delivered to Russell J.

Myhre, 341 Central Avenue North, Suite 3, Valley City, ND 58072, or

if sent by mail, postmarked within the applicable time period, sent

by certified mail, return receipt requested, to the same address.

Chief Thompson agrees that if he exercises any right of rescission

or revocation, the City may at its option either nullify this

Agreement in its entirety or keep it in effect as to all claims not

rescinded or revoked in accordance with the rescission or

revocation provisions of this Agreement. In the event the City opts

to nullify the entire Agreement, neither Chief Thompson nor the

City will have any rights or obligations whatsoever under this

Agreement. The payments specified in Section 3 shall be paid on

January 3, 201 7, provided Chief Thompson has not rescinded the

Agreement as outlined in Section 3 and the City’s attorneys have

received a fully executed original Agreement signed by Chief

Thompson and his attorneys.

  1. Communication to Others. The parties agree to have no

communication with the media over Chief Thompson’s resignation from

the City other than the fact Chief resigned as of the date of this

Agreement under mutually amicable circumstances. Both parties agree

to not post and/or provide any responsive information regarding the

other on any blog, chat or posting, or other paper or electronic

communication or have anyone on their behalf post and/or provide

information on any blog, chat or posting, or other paper or

electronic communication.

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  1. Non-Admission of Liability. This Agreement is a severance

agreement and it is intended to include the compromise of disputed

claims, if any, and no actions taken by the parties, either

previously or in connection with this Agreement, shall be deemed or

construed to be an admission of any matter or of any liability.

  1. Effective Date. This Agreement does not become effective

until Chief Thompson’s signs a written waiver or the time period

for rescinding or revoking this Agreement expires.

  1. Return of City Property. Chief Thompson will return all

City property that is in his possession prior to any payments being

made to him. In addition, Chief Thompson will provide the City with

all security codes and safe combinations. Chief Thompson

acknowledges that the City has delivered to him all of his personal

possessions from the City premises.

  1. Agreement Regarding No Right to Future Employment. Chief

Thompson agrees that he will not at any time in the future bring a

claim against the City for any failure to offer him future

employment or failure to accept from him an application for future

employment with the City.

  1. Governing Law/Severability. This Agreement shall be

governed by the laws of the State of North Dakota. If any part of

this Agreement is construed to be in violation of any law, such

part shall be modified to achieve the objective of the parties to

the fullest extent permitted and the balance of this Agreement

shall remain in full force and effect.

  1. No Assignment. This Agreement is personal to Chief

Thompson and may not be assigned by Chief Thompson. The payment to

be provided to Chief Thompson shall be made to Chief Thompson’s

estate in the event of Chief Thompson’s death prior to Chief

Thompson’s receipt thereof.

  1. Advice and Clarity. Chief Thompson acknowledges and states

that he has read this Agreement and has been advised to consult an

attorney prior to signing this Agreement. Chief Thompson further

represents that this Agreement is written in language that is

understandable to him and that he fully appreciates the meaning of

its terms and that he enters into this Agreement fully and

voluntarily. This Agreement has been negotiated by the parties.

Chief Thompson warrants, represents and agrees that he is not

relying on the advice of the City, its counsel, or anyone

associated with them as to the legal and income tax or other

consequences of any kind arising out of this Agreement. Chief

Thompson further represents that at the time of entering into this

Agreement he is competent and not under any medication which would

adversely affect or impair his mental abilities or respective

abilities to comprehend the terms of this Agreement. Chief Thompson

represents that there was no coercion, duress, or other unlawful

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influence which caused him to enter into this Agreement.

19 . Counterparts. This Agreement may be executed in

counterparts, each of which shall be deemed to be one and the same

instrument.

  1. Entire Agreement. Chief Thompson agrees that this

Agreement constitutes the entire understanding between Chief

Thompson and the City with respect to Chief Thompson’s resignation

and that there are no other promises or understandings with respect

to Chief Thompson’s retirement. Any modification of or addition to

this Agreement must be in Writing signed by Chief Thompson and the

City.

  1. ACKNOWLEDGMENT. CHIEF THOMPSON AFFIRMS THAT CHIEF THOMPSON

HAS READ THIS AGREEMENT AND HAS BEEN ADVISED TO CONSULT WITH AN

ATTORNEY PRIOR TO SIGNING THIS AGREEMENT. THE PROVISIONS OF THIS

AGREEMENT ARE UNDERSTANDABLE TO CHIEF THOMPSON AND CHIEF THOMPSON

HAS ENTERED INTO THIS AGREEMENT FREELY AND VOLUNTARILY.

IN WITNESS WHEREOF, the parties have executed this Agreement by

their signatures below.

Dated: Dated:

CITY OF VALLEY CITY

ATTEST:

Avis Richter, City Auditor