Buckley Separation Agreement

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SEPARATION AGREEMENT AND RELEASE IN FULL OF CLAIMS

This Separation greement and Release n Full of Claims ("Agreement") s made andentered nto by and betwein the STATE OF OREGON ("the State"), ncluding the OREGON

PSYCHIATRIC SECURITY REVIEW BOARD ("PSRB" orooBoard"), nd MARY CLAIREBUCKLEY ("Employee").

R-ECITALS

1. Employee s employed by PSRB as ts Executive Director'

2. The parties wish to conclude Employee's employment on mutually satisfactoryterms, and o completely esolve and settle ully and inally all matters and potential disputes,claims and defenses, tateand ederal, hrough he effective date of this agreement, onceming nany way Ernployee's employment with the State, without disputes, earings or litigation of any

kind.

AGREEMENT

NOW, THEREFORE, in consideration of their mutual promises set forth hereinand intending to be legatly bound, he parties hereby AGREE as ollows:

l. Resignation: Employee hereby enders her rrevocable esignation romemployment with PSRB, effective s of August 15, 2013. Employee's ignature n thisAgieement constitutes er resignation, which may not be revoked by Employee, and which isheieby accepted y PSRB. Employee's personnel ile shall reflect hat Employee voluntarily

resigned er employment.2. Employeeos tatus Through June 18,2013: Employee was on scheduled nd

approved acation eave rom May 10,2013 hrough May 17,2013. From May 20,2013through Jgne 18, 2013, Employee hallbe on approved, aid administrative eave and shall be

duty Jadoned at her residence. While on paid administrative eave, Employee shall be availablety ptrone o PSRB during regular working hours. The purpose of Employee's administrativeleav" is to provide suffrcient ime to enable Employee o answer questions nd providetransitional assistance o PSRB. During working hours, Employee shall promptly respond o allinquiries from PSRB board members nd employees. Employee shall ul1y cooperate n allwork-relatecl and ransition-related uties and projects assigned o her. This Agreement scoltingent on Employee vorkingon PSRB projects and work assigned o her while duty

stationed at home hr|ugh June 8, 20i3. In order o fulfill Employee's urlough obligation,Employee observed SRB's i.rlough closure ay on May 24,2013 and her ime is recordedaccordingly.

3. Employee's Status rom June tgr2013 through August 15,2013: From June19,2OI3 luough euguit 15,2013, Employee halluse her accrued ersonal usiness eave andaccrued acation eave. Upon Employee's separation f employment, he State shall pay

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Employee or any remaining accrued acation eave n a lump sum, up to a cap of 250 hours andsubjeci o customary wittrholdings, consistent with the State's customary practice.

4. Health Insurance: Employee shall receive group health nsurance enefits

through September 0, 2013. Employee shall pay the customary employee contribution opremilrms or such nsurance. Beginning October ,z}l3,Employee may continue group healthinsurance enefits as provided by COBRA.

5, Employee's Duty to Report New Employment: ln the event hat Employeesecures ew employment with a hire date on or before August 15,2073,Employee shallimmediatell'reporf her new employment o PSRB. The PSRB Board Chair may elect o changeEmployee's esignation date o the business ay mmediately preceding her hire date by a new.*ptoy"r. In the event Employee's esignation date s changed y the PSRB Boqd Chair,Ernployee shall be paid for her accrued acation eave up to the customary cap of 250 hours andEmployee shall receive group health nsurance enefits consistent with customary State practice

when State employees eave State employment.

6. Agreed Statement of Resignation: Employee may prepare a written statementof her resignation or distribution by the PSRB Board Chair o PSRB employees. f Employeeelects o prepare a written statement, mployee shall provide t to the PSRB Board Chair by June17,Z0l:. fl" PSRB Board Chair shall have he right to approve he statement, nd may, n hersole discretion, elect o distribute he statement o PSRB employees.

7. Unemployment nsurance Benefits: PSRB shall espond o a request orinformation by the Employment Deparlment by disclosing hat Employee esigned heremployment subjeet o the terms of a separation greement nd may provide a copy of the

separation greementlong with any other nformation equested y the Employment

Department. pSng shall not contest or otherwise appeal a grant of benefits by the EmploymentDepartment. f the Employment Department enies benefits, PSRB shall not contest orchallenge Employee's appeal of such decision and PSRB will participate n such appealpro""".1i.tgs and supply nformation only ets equired by applicable 1aws.

8. Withdrawal of Claims: Employee agrees o withdraw any claims now pendingin any administrative or udicial forum related o her employment with the State, ncluding butnot limited to any claims pending with the EEOC or the Oregon Bureau of Labor and ndustriesand any torl clai.mnotice iled with the State.

9. No Precedent: This agreement oes not establish a precedent n the settlement f

any current or future grievance, laim of unfair labor practice, or other dispute between heparties, and no party u.ill refer o it in bargaining or other abor discussions etween hem, and tivilt not be offered n any court proceeding, ULP, or grievance rocess as evidence, ncluding hearbitration step of such process, xcept n a proceeding rought o enforce he terms of theagreement tself.

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pay Act of 1963;the Employee Retirement ncome Security Act; or Executive Order1 11 A 6 .

g. Statutes r common aw principles permitting he award of attorney ees.

This release f claims does not include any PERS etirement benefits or social secr'uity enefits

claims, or any claims hat cannot awfully be waived.

13, Exclusion of Claims Not Yet Arisen: The claims eleased n this Agreement do

not include claims hat have not arisen as of the effective date of this Agreement.

14. Age Discrimination in Employment Act: The above elease ncludes anyclaims hat Employee may bring under he Age Discrimination n Employment Act of 1967 29

USC g 621 etseq.) 'ADEA") or the Older Workers Benefit Protection Act, pursuant o the

specific conditions set orth in Attachment A to this Agreement.

15. Public Statements: Unless equired y law, PSRB Board members hallmake

no public statements bout Employee's performance s Executive Director or her resignation.As sooo as practicable after he new Executive Director s hired, he Board chair shall provide a

copy of thiJ Agreement o the nerv Executive Director, and he new Executive Director shall be

Uouna by this paragraph. Unless equired by law, Employee shall make no public statementsabout pSRB. its Boar8 members, or its Board members' performance s Board members.

16, Sole and Entire Agreement: This Agreement s the sole and entire agreement

between he parlies. This Agreement ul1y supersedes ny and all written or oral contracts,agreements r understandings etween he parties pertaining 9 the subjects iscussed erein. No

"iurrg. or modificationof this Agreement s valid unless t is in writing and signed by ali the

parties o this Agreement.

17. Goo6 Faith Settlement: This Agreement onstitutes he good aith resolution of

all claims or potential claims Ernployee may have against hc State or PSRB and s not and shallnot in urry uy be conskued as an admission f any wrongful or discriminatory act or omissionagainst Ernployee.

18. Choice of Law: This Agreement hall n all respects e nterpreted, nforced,and govemed under he aws of the State of Oregon. The language f all parts of this Agreementshaliin all cases e construed s a whole, according o its fair meaning, and not strictly for oragainst either party.

19. Severability: If any provision of this Agreement shall ever be declared defective,void or voidable, or otheru'ise struck down or nvalidated, he nvalidation shall affect hatparricular provision only. The remaining provisions shall continue n frrllforce and effect.

20. Complete Agreement: All signatories elow acknowledge his is the completeSeparation Agreement and hat no employment dispute emains unsettled.

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21, Counterparts and Electronic Signatures: This Agreement may be executed ncounterpafis. Signatures ransmitted by electronic means such as by facsimile or emailed pdftrle) shall be treated as original signatures or purposes f executing his Agreemer-rt.

22. Voluntary Agreement: By signing his agreement Employee acknowledges hatshe has carefully read and ully understands ll provisions and effects of this Agreement; hat theState of Oregon and PSRB have advised her in writing, by this paragraph, o consult with herown personal attorney before signing his Agreement; hat she has had sufficient opportunity oconsult with attorney(s) efore signing his Agreement, and hat she has n fact consulted withher olvn personal attomey; hat she s voluntarily entering nto this Agreement ree of coercionand duress; and hat neither he State of Oregon, PSRB, nor any of their agents r attorneys asmade any representations r promises concerning he terms or effects of this agreement therthan hose expressly et forth herein. Employee acknowledges hat she reely and voltrntarilyaccepts his agreement with full knowledge and understanding f its content and meaning.

IN WITNESS HEREOF, and ntending o be egally bound hereby, he parties executethis Separation Agreement and Release n Full of All Claims.

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State of Oregon, Psychiatric Security Review Board

SEPARATION AGREE\4ENT AND RELEASE IN FLILL OF CLAIMS -PSRB (Buckley)(4336"24v.3) Page 5 of 6

laire Buckley

Katherine B. LieberChair, on behalf of the


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AttachmentA

Age Discrimination in Employment Act Release

In compliance with the Age Discrimination n Employment Act of 1967 Q9 USC $ 621 etseq,) ADEA), this is notification o Employee o consult with legal counsel before signingthis release.

Employee acknowledges hat she may, but is not required o, take up to 2l days o sign thisAge Discrimination n Emplo5rment ct Release esignated s Attachment A to thisAgreement.

Employee has seven 7) days ollowing the date she signs his Attachment o the Agreementto revoke her waiver of claims under he ADEA, and his portion of the Agreement will notbecome effective until the revocation period has expired. For such evocation o be effective,u'ritten notice of Employee's ntent o revoke must be sent or delivered o the offrce of theLabor and Employment Unit of the DOJ, atthe address isted below, and he written noticemust be received by Lisa Umscheid, Labor and Employment Unit, by midnight on theseventh calendar day after Employee siens his Attachment.

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Mailing Address:

Lisa LlmscheidOregon Deparhnent of JusticeGeneral ounsel ivisionLabor & Employrnent Section1i62 Cout Street ESalem"Oreson 97301-4096

Hand Delivery Address:

Lisa UmscheidOregon Department f JusticeGeneral Counsel DivisionLabor & Employment Section4h Floor Robertson Building1215StateStreetNESalem, Oregon

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4. By signing his document, Employee waives any and all claims under he ADEA as of thedate of this signature and realizes hat neither she nor anyone on her behalf can sue he Stateof C)regon, r any of its agencies, mployees, f insurers and heir successors or any claimsof discrimination ased n ase,

A',t rt /.(nru o-'G^z/-Q+4 9, . tz, z roEmplgf'ee U Uate

SEPARATION AGREEMENT AND RELEASE IN FULL OF CLAIMS -PSRB (BucKIey)(43362?4v.3) age 6 of 6

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Buckley Separation Agreement