TO: Terry Timeus, West Linn Police Chief. FROM: Eileen Stein, City Manager. DATE: October 19, 2017 SEPARATION AGREEMENT

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1 SEPARATION AGREEMENT TO: Terry Timeus, West Linn Police Chief FROM: Eileen Stein, City Manager DATE: October 19, 2017 As you know, your employment with the City will cease effective October 31, Your final paycheck, including all amounts due and owing to you for wages and accrued unused vacation and management leave pay will be paid to you unconditionally. In addition, the City is offering you a lump sum payment and other benefits in exchange for a release of potential claims and other terms. The terms being offered to you are as follows: 1. The City will pay you a lump sum payment equivalent to nine (9) months' pay at your base salary in effect at the time your retirement. This payment is subject to statutory withholdings All other benefits, including your group medical and dental insurance benefits, will cease on the last day of the month in which your employment ends. However, you will have the right to continue your current insurance coverage under COBRA, and you will receive a notice regarding the process for electing COBRA coverage. As part of this offer, the City will continue to pay its share of the cost of your insurance premiums for the nine (9) months after your group coverage ends, assuming you make a timely election under COBRA. You will be responsible for continuing to pay your share of the premiums during that time, and you will be solely responsible for paying the entire premium if you continue your COBRA coverage after this period. Also, please note that the City's obligation to pay for COBRA continuation coverage will cease if you become covered under another group health plan during this period, and you agree to immediately notify the City's Human Resources Director if that occurs. All inquiries from prospective employers must be directed to the Human Resources Director. The Human Resources Director agrees to advise prospective employers of your dates of employment, position held, a summary of your duties and confirmation of your ending salary. You and the City agree to respond to any inquiries concerning the circumstances surrounding the end of your employment with the City by limiting any such response to confirming the information contained in a mutually agreeable press release, which is incorporated into this Agreement. 4. You agree that you have no intention to, and will not seek future employment with the City. You understand that your agreement to refrain from seeking such future employment is a Separation Agreement for Terry Timeus 1

2 material part of this Agreement. You expressly waive the right to sue the City under federal, state and local laws, if you are denied employment in the future. 5. You agree that all personal property, public records, and confidential information provided by the City to you during the course of your employment shall remain the property of the City. Upon execution of this Agreement you agree to immediately deliver all City property in your possession or control to the City, and you agree to deliver to the City or destroy any public records or confidential information in your possession or control. Confidential information includes all nonpublic, public records exempt from disclosure, confidential, or proprietary information given in any medium, as well as any material prepared by you that contains or reflects such information. You may not disclose confidential or privileged information obtained during the course of your employment for your own personal gain or use any confidential information to the detriment of the City or any of its employees, unless you are required to disclose such information to an appropriate official to protect the interests of the public and disclosure is required to substantiate a good faith claim of wrongdoing on the part of the City, the City Council, its officers, employees, or agents. The City is the custodian of record pursuant to Oregon Public Records laws, and it shall be the duty of the City to review public records requests and determine whether requested documents are exempt from disclosure. All intellectual and proprietary property rights, including copyrights and rights to service marks and trademarks, as to any and all text, electronic communications and other data including data created, stored, accessed, sent and/or received on electronic systems, any material, images and/or content appearing on or accessible through the City's electronic system or City website, belong to the City. Reproduction or use of all materials is strictly prohibited. 6. Except as set forth in section 7(a) and 7(b) below, you irrevocably and unconditionally release and covenant not to initiate or maintain any judicial proceeding against the City of West Linn (including its past and present officers and City Council members, employees, insurers, representatives, and agents, in their individual and representative capacities) for any and all claims, liabilities, causes of action, obligations, promises, agreements and demands, whether known or unknown, related to your employment or separation from employment. This release includes, but is not limited to, all claims for reinstatement, reemployment, and additional salary or other forms of compensation, benefits, emotional distress, pain and suffering damages, punitive damages, attorney fees, or any other equitable or monetary relief including but not limited to any claims or charges of discrimination which could have been filed with any Oregon state agency or with the Equal Employment Opportunity Commission or which could be pursued through any state or federal statute, including the Oregon statutes dealing with employment matters, wage and hour, discrimination in employment, and more specifically this release includes but is not limited to ORS Chapter 652, 653, 654, 659, 659A, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Post Civil War Civil Rights Acts, the Rehabilitation Act of 1973, the Employee Retirement Income Security Act, the Americans with Disabilities Act, the Family Medical Leave Act, the Oregon Family Leave Act, the Age Discrimination in Employment Act, the Equal Pay Act of 1963, Executive Order 11246, Uniformed Services Separation Agreement for Terry Timeus 2

3 Employment and Reemployment Rights Act of 1994, the Fair Labor Standards Act, and the Older Workers Benefit Protection Act, or local laws, rules, ordinances or rules of decisions dealing with employment matters and discrimination and retaliation in employment and any claims based on other statutes, contract (oral or written; including the Collective Bargaining Agreement between the Employer and the Union) and tort (including but not limited to claims for wrongful termination or other common law theories). You expressly intend this waiver and release to reach to the maximum extent permitted by law. a. The release of claims set forth above does not apply to any claim you may have for enforcement of this Agreement, including any claim challenging the enforceability of the release under the federal Age Discrimination in Employment Act. It also does not apply to any claim related to your PERS account, or for any benefits you may be entitled to receive under the workers' compensation laws. b. Also, the release of claims set forth above does not bar you from filing an administrative complaint with the Equal Employment Opportunity Commission, or similar state agency. You do, however, expressly waive and release your right to receive any form of monetary relief, including attorney fees, penalties, and costs, as a result of any such administrative complaint. 8. As stated in the previous paragraph, the release contained in this Agreement includes a release of all claims under the Age Discrimination in Employment Act ("ADEA") and, therefore, pursuant to the requirements of the ADEA, you, Terry Timeus, acknowledge that you have been advised: a. that this release includes, but is not limited to all rights or claims arising under the ADEA up to and including the date of execution of this release; b. to consult with an attorney or other advisor of your choosing concerning your rights and obligations under this release; c. to fully consider this release before executing it and that you have been afforded ample time and opportunity, at least 21 days, to do so (although you may choose to voluntarily execute this Separation Agreement earlier and to waive such period of consideration); and d. that this release shall become effective and enforceable on the eighth day after you sign this Separation Agreement, provided that you do not revoke your acceptance by delivering written notification to the Human Resources Director by midnight on or before the seventh day after you sign this Separation Agreement. 9. Nothing in this Agreement should be construed as an admission of wrongdoing on the part of anyone. The City strives to enforce all employment policies in a manner that is consistent with applicable laws. This Agreement is merely offered to assist you in your transition to Separation Agreement for Terry Timeus 3

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