Professional Documents
Culture Documents
2. The County and Hamaker desire to avoid any further dispute, controversy,
litigation, costs, legal fees or inconveniences and wish to fully resolve, settle and compromise
any and all claims and/or complaints that may exist against the County arising out of or in any
way related to Hamaker’s employment with the County.
b. Hamaker may file a claim for unemployment compensation benefits after the
final compensation date of January 26th, 2018, and the County agrees not to
contest the claim. Nothing in this Agreement shall guarantee the awarding of
unemployment benefits by the State of Illinois.
d. Hamaker’s last day of work will be November 3rd, 2017, but shall remain
available for consultation through her final compensation date of January 26th,
2018. Hamaker shall retain all benefits of employment, including health
insurance, with the exception of Vacation, Sick, and Personal Time accruals
until the final compensation date of January 26th, 2018.
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e. Hamaker acknowledges the consideration stated above is in excess of that to
which she would be entitled in the absence of this Agreement. Further,
Hamaker agrees that the severance pay stated above does not represent pay or
compensation for work performed or promised.
5. Hamaker agrees that she will not engage in any act or omission that would be
detrimental, financially or otherwise, to the County or any of its officers, its elected and
appointed officials, directors, employees, agents or representatives, or that would subject any of
them to public scandal or ridicule. In addition, Hamaker shall not initiate, assist, testify or
consult with respect to any investigation, complaint, suit or action involving or related to the
County, other than an ADEA matter initiated by Hamaker challenging the validity of this
Agreement, unless compelled to do so by order of a court of competent jurisdiction. Hamaker
agrees to indemnify the County for all expenses and costs, including reasonable attorney's fees,
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which it incurs as a consequence of Hamaker’s breach of this covenant.
6. Hamaker and the County understand and agree that the existence and terms of this
Agreement are confidential and shall not be disclosed to any third party without the written
consent of the other party, subject to the following exception, unless otherwise required by law
or court order. Hamaker may disclose the existence and terms of this Agreement (i) to the extent
legally necessary in connection with any ADEA claim or lawsuit challenging the validity of this
Agreement, and (ii) to her immediate family and to her legal and financial consultants for the
sole purpose of consulting with Hamaker with respect to this Agreement. Hamaker agrees that
any such family members or consultants must not disclose the existence and terms of this
Agreement without the written consent of the County, unless otherwise required by law or by
court order. The parties agree that this Agreement is subject to disclosure under the Illinois
Freedom of Information Act. In the event that this Agreement is disclosed under the Freedom of
Information Act, Hamaker and the County shall decline comment on the Agreement.
7. Hamaker and the County further acknowledge and agree that this Agreement and
all matters referred to in this Agreement involving Hamaker are not precedent setting and shall
not be cited in any future matter, or used in any manner as the basis of a past practice.
8. The existence and execution of this Agreement shall not be considered, and shall
not be admissible in any proceeding, as an admission by the County, or its agents or employees,
of any wrongdoing.
9. This Agreement shall be binding upon and shall be for the benefit of the County,
and the County’s successors, assigns, agents, representatives and employees, and this Agreement
shall be binding on Hamaker as well her respective heirs, personal representatives, successors
and assigns.
10. The provisions of this Agreement shall be severable, and the invalidity of any
provision shall not affect the validity of the other provisions.
12. Hamaker acknowledges that the County has advised her to consult with an
attorney before executing this Agreement, that she has been advised that she has twenty-one (21)
days to review this Agreement before signing it, that she fully understands its terms, that she was
not coerced into signing it, and that she signed it knowingly and voluntarily.
13. Hamaker acknowledges further that she understands she has seven (7) days after
signing this Agreement within which she can revoke her acceptance of it and that this Agreement
will not become effective until after the seven (7) day period for revocation has passed. Hamaker
may only revoke acceptance of this Agreement by delivering a signed notice of revocation to the
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Human Resources Director before the end of the seven (7) day period. Upon delivery of a timely
notice of revocation, this Agreement will be null and void.
Hamaker acknowledges that she has read, understood and voluntarily entered into this
Agreement with full knowledge of its meaning and consequences and that she has had sufficient
opportunity to consult with an attorney, as well as any person of her choice, before signing this
Agreement. Hamaker agrees that no promise or inducement of any kind has been made to her by
the County or anyone else to cause her to sign this Agreement, except as set forth above.
Hamaker acknowledges that the enhanced severance benefits that she will receive as a result of
signing this Agreement are adequate consideration for this Agreement.
The parties have voluntarily signed this Agreement consisting of four (4) pages on the date or
dates set forth below.
___________________________________ _________________________________
Amanda Hamaker Date
___________________________________ _________________________________
Frank Haney Date
Winnebago County Board Chairman
Winnebago County, Illinois
___________________________________ ________________________________
Kim Ponder Date
Human Resources Director
Winnebago County, Illinois
Note: This Agreement must be signed and returned to the County without any alteration. Any
modification or alteration of any terms of this Agreement voids the Agreement in its entirety.