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SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS

THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS


(“Agreement”) is made and entered into this _________ day of _______, 2017, by and among
Amanda Hamaker, on behalf of herself, her agents, representatives, heirs, executors, attorneys,
administrators, successors, and assigns (hereinafter referred to collectively as “Hamaker”) and
Winnebago County Board Chairman Frank Haney and the County of Winnebago, its officials
(both elected and appointed), attorneys, agents, and employees, past and present (hereinafter
referred to collectively as the “the County"). Hamaker and the County agree the following sets
forth their complete agreement and understanding regarding Hamaker’s separation from
employment with the County and all issues related to Hamaker’s employment with the County.

1. The County and Hamaker acknowledge that Hamaker’s employment position


with the County will end on November 3​rd​, 2017.

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.

3. In consideration for the representations made by Hamaker in this Agreement, the


County agrees to provide Hamaker the following:

a. A severance payment consisting of continued wages for three months


beginning with the pay date of November 22​nd​, 2017 through the final
payment date of February 2​nd​, 2018 equaling a gross amount of ​$29,999.97
less required state and federal deductions and any other deductions that are
required by applicable law. Additionally, all voluntary deductions previously
being withheld will continue to be withheld through the final pay check.

b. Hamaker may file a claim for unemployment compensation benefits after the
final compensation date of January 26​th​, 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.

c. Upon separation of employment, Hamaker’s unused/accrued balance of


vacation time will be paid out on her final paycheck at her most current rate of
pay. Hamaker’s accruals will cease to accrue after November 3​rd​, 2107.

d. Hamaker’s last day of work will be November 3​rd​, 2017, but shall remain
available for consultation through her final compensation date of January 26​th​,
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 26​th​, 2018.

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e. Hamaker acknowledges the consideration stated above is in excess of that to
which s​he 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.

4. In consideration for the foregoing promises made by the County in this


Agreement, Hamaker further agrees to release, acquit and forever discharge the County, from
any and all actions, suits, debts, claims, demands, sums of money, compensation, contracts,
controversies, agreements, promises, damages, costs of any nature whatsoever, and liabilities of
any kind or character whatsoever, known or unknown, which Hamaker may now have, or which
may have arisen prior to the date of the execution of this Agreement, against the County,
including, but not limited to, any claims arising out of or connected with, directly or indirectly,
Hamaker’s employment with the County, including but without limiting the generality, of the
foregoing, all claims and causes of action arising under Title VII of the Civil Rights Act of 1964,
42 U.S.C. Section 2000(e), et seq., 42 U.S.C. Sections 1981 and 1983; the Civil Rights Act of
1866, as amended by the Civil Rights Act of 1991, the Illinois Human Rights Act, 775 ILCS
5/1-101, et seq., the Age Discrimination in Employment Act (ADEA), 29 U.S.C. Section 621, et
seq., Americans with Disabilities Act, the Rehabilitation Act of 1973, the Civil Rights Act of
1866, the Family and Medical Leave Act, the National Labor Relations Act, retaliatory
discharge claims and/or unjust dismissal, mental and emotional distress, damage to reputation,
defamation, or tort, detrimental reliance, costs of attorneys’ fees, or any other federal, state or
local statute, rule or regulation regarding employment, discrimination in employment, or the
termination of employment, and/or federal or state common law related to employment contracts,
wrongful discharge, or any other matter. ​Hamaker further covenants not to sue the County or
any of the persons or entities released herein with respect to any matters, other than an ADEA
lawsuit challenging the validity of this Agreement, to which the foregoing Agreement applies.
Hamaker agrees to indemnify the County and any of the persons or entities released herein for all
costs, including reasonable attorney’s fees, which they may incur should Hamaker breach this
covenant not to sue. This Agreement shall also include, but is not limited to all asserted or
un-asserted claims for reinstatement, wages, monetary or equitable relief, back pay, front pay,
actual damages, compensatory damages, liquidated damages, exemplary or punitive damages,
pain and suffering, injunctive relief, prejudgment interest or any interest, medical and life
insurance, and any other benefits except for any accrued vacation pay, pension and deferred
compensation benefits.

5. Hamaker agrees that s​he 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.

11. For purposes of enforcement of the representations and covenants of this


Agreement, Hamaker agrees to submit to the jurisdiction of any federal or state court located in
Winnebago County, Illinois.

12. Hamaker acknowledges that the County has advised ​her to consult with an
attorney before executing this Agreement, that s​he has been advised ​that s​he has twenty-one (21)
days to review this Agreement before signing it, that s​he fully understands its terms, that ​s​he was
not coerced into signing it, and that​ s​he signed it knowingly and voluntarily.

13. Hamaker acknowledges further that s​he understands s​he has seven (7) days after
signing this Agreement within which s​he 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.

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