STATE OF NORTH CAROLINA IN THE OFFICE OF ADMINISTRATIVE HEARINGS COUNTY OF WAKE 14 OSP 10047 JOHN MONGUILLOT, Petitioner, v. SETTLEMENT AND RELEASE AGREEMENT DEPARTMENT OF PUBLIC SAFETY, Respondent. WHEREAS, John Monguillot, (hereinafter ?Mr. Monguillot? or ?the Petitioner?), timely ?led a petition for contested case in the Of?ce of Administrative Hearings against his employer, the North Carolina Department of Public Safety, Division of Adult Corrections (herein after the ?Respondent?), on or about December 19, 2014 challenging his demotion on September 4, 2014 for Unacceptable Personal Conduct; and NOW THEREFORE, in order to avoid further controversy, expense, and inconvenience, the Petitioner and the Respondent have agreed upon a full and ?nal settlement of all matters currently at issue in the Of?ce of Administrative Hearings case, John Monguillot v. File No. 14 OSP 10047, and hereby memorialize the terms and conditions of their agreement in this Settlement Agreement and Release of All Claims as being: 1. REINSTATEMENT TO PROGRAM COORDINATOR (I). Respondent will reinstate Petitioner to a Program Coordinator (1) position with Respondent effective September 4, 2014. Effective May 1, 2015, Respondent will transfer Petitioner to Central Region Assistant Director of Mental Health with a work location at Correctional Center. 2. DISCIPLINARY ACTION. Respondent will remove from Petitioner?s personnel ?le the records of his demotion and instead issue Petitioner a written warning. The written warning will remain active for eighteen months from the date of Petitioner?s original discipline on September 3, 2014, subject to 25 NCAC 3. SALARY REINSTATEMENT AND FRONT PAY. Respondent will reinstate Petitioner?s salary of NINETY THREE THOUSAND SEVEN HUNDRED EIGHTY SIX DOLLARS AND NO CENTS effective September 4, 2014. As part of the study on the classi?cations, a 10% reallocation increase in salary shall be effective March 1, 2015 which will increase the Petitioner?s salary to ONE HUNDRED THREE THOUSAND ONE HUNDRED SIXTY FIVE DOLLARS AND NO CENTS To correct Front Pay and upon approval from the NC. Of?ce of State Human Resources, the Petitioner?s salary shall be increased to ONE HUNDRED THREE THOUSAND ONE HUNDRED SIXTY FIVE DOLLARS AND NO CENTS ($103,165) effective May 1, 2015, which includes the 10% reallocation increase for the classi?cation. 4. PAYMENT OF BACK PAY. For the period from September 4, 2014 to February 28, 2015, Respondent will pay Petitioner backpay based on the difference between NINETY THREE THOUSAND SEVEN HUNDRED EIGHTY SIX DOLLARS AND NO CENTS and the demoted salary of SEVENTY NINE THOUSAND TWO HUNDRED FOUR DOLLARS AND NO CENTS For the period from March 1, 2015 to April 30, 2015, Respondent will pay Petitioner backpay based on the difference between ONE HUNDRED THREE THOUSAND ONE HUNDRED SIXTY FIVE DOLLARS AND NO CENTS ($103,165) and the demoted salary of SEVENTY NINE THOUSAND TWO HUNDRED FOUR DOLLARS AND NO CENTS The back pay will re?ect any tax withholdings required by state and federal law and required employee Retirement contributions. To receive this back pay, the Petitioner and Respondent must execute a statement of back pay for submission to the NC. Of?ce of State Human Resources and the NC. Of?ce of State Budget and Management. The back pay will be paid after the NC. Of?ce of State Human Resources and N. C. Of?ce of State Budget and Management have approved of the payment and it has been processed by the BEST Shared Services Section of the NC. Of?ce of State Controller. 5. PAYMENT OF FEES. Respondent will pay Petitioner?s attorney?s fees in the amount of $2500.00. 6. VOLUNTARY DISMISSAL OF PETITION. Execution of this Agreement shall constitute a voluntary dismissal of the Petition. Additionally, within 10 days of receiving an executed copy of this Agreement, Petitioner shall ?le with the OAH a voluntary dismissal of the Petition pending at the Of?ce of Administrative Hearings, John Monguillor v. (Of?ce ofAdministrative Hearings File No. 14 OSP 10047). 7. RELEASE. In return for the consideration recited above, Petitioner does hereby release, forever discharge, and waives all claims and causes of action, including any administrative claim or claim under state or federal law, that he may have had against the Respondent and all past or present agents and employees of the Respondent, in both their of?cial and individual capacities, as of the date of this agreement. 8. NO ADMISSION OF LIABILITY. Each party understands and agrees that this Settlement Agreement and Release represents a compromise of disputed claims and is intended merely to terminate any and all claims and avoid further litigation among the parties. Entry into this Settlement Agreement and Release is not to be construed as an admission of liability and the Respondent expressly denies it is liable to Petitioner under any theory of law for any of its actions. 9. FULL COOPERATION. The parties agree to cooperate fully to execute any and all supplementary documents necessary to effectuate this Agreement, and to take all additional actions that may be necessary to give full force and effect to the terms of this Agreement. 10. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and there are no understandings or agreements, verbal or otherwise, regarding this settlement except as expressly set forth herein. 11. READING OF AGREEMENT. Petitioner hereby acknowledges that he has read this Agreement, has conferred with his attorney, fully understands its contents, consents to the settlement of her claims on the terms set forth herein, and does so in reliance upon his own judgment and advice of his attorneys and not in reliance on any other representations or promises of the Respondent, its representatives, or its attorneys. 12. SEVERABILITY. If any provision of this Agreement or the application of any term or provision to any person or circumstances is invalid or unenforceable, the remainder of this Agreement, or the application of the term or provision or person or circumstances other than those as to which it is held invalid, or unenforceable, will not be affected and will continue in full force. 13. EFFECTIVE DATE. This Agreement is effective when fully executed by all parties. IN WITNESS WHEREOF, this Settlement and Release Agreement is executed in duplicate originals as indicated below. This the day of 2015. 47/ Moriguillot itioner (SEAL) Mic'lla?gI Byi'?e/ Attorney for Petitioner APPROVED BY: W. David Guice Commissioner, Adult Correction Juvenile Justice N. C. Department of Public Safety (SEAL) Tamika L. Henderson Attorney for Respondent C. Neal Alexander, r. Director N.C. Of?ce of State Human Resources STATE OF NORTH CAROLINA Acknowledgement STATE OF NORTH CAROLINA COUNTY-OF NAFTA I certify that John personally appeared before me this day, acknowledgin to me that he or she signed the foregoing document: 86H Wonk ?d?abc . Name or description of attached document I further certify that: Date: I have personal knowledge of the identity of the principal(s) . {2/1 have seen satisfactory evidence of the principal?s identity, by a current state or federal identi?cation with the principal?s photograph in the form of 3 NC {we of identi?catlon A credible witness, has sworn or af?rmed to me the name of credible witness identity of the principal, and that he or she is not a named party to the foregoing document, and has no interest in the transaction. (Cum (it-113% elm Typed or Printed Notary Name My commission expires: 93.510! 62119?015 0 1 f?cm ?4 "in" I "mmuwn?