Memo to Mark Knight – Take the money and run

Within 24-hours of breaking the termination of City of St Augustine Director of Building and Zoning, Mark Knight, the Human Resources department released to Historic City News the agreement offered that directs the separation of the parties.

First, the document that we requested yesterday, is actually two agreements — it is Knight’s Retirement Agreement, spelling out the salary, expenses, and benefits he is to receive from the effective date of the agreement until its termination. It is also a General Release from Knight to the City, canceling any obligations between the parties, releasing all prior and current employees, all prior and current city commission members, as well as all prior and current administrators.

Knight is being allowed to retire effective August 19, 2014.

Consideration paid to Knight in exchange for this release and early retirement is a bit pricey, including;

1. Three month’s salary
2. All benefits afforded other full time employees
3. Lump sum accrued, but unused sick and vacation time
4. Job reference indicating meritorious job service

 

The agreement requires that Knight unconditionally, fully, and finally, release and discharge the City from:

any and all duties, claims, rights, complaints, charges, damages, costs, expenses, attorney’s fees, debts, demands, actions, obligations, liabilities, and causes of action of any and every kind, nature, and character whatsoever, whether known or unknown; whether foreseen or unforeseen; whether arising out of contract, tort, statute, constitutional provision, settlement, equity or otherwise; whether past, present, or future; whether fixed, liquidated, or contingent; which he has, had, or may have in the future against the City based on any act or omission concerning any matter, cause, or thing arising prior to the date of this Agreement and up through the time of this Agreement’s execution.

As if that doesn’t cover everything, it is interesting that the following matters are addressed specifically:

claims under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et. seq.

the Florida Civil Rights Act of 1992, as amended, § 760.01, et. seq., Florida Statutes

the Fair Labor Standards Act, 29 U.S.C. § 201, et. seq.

the Americans with Disabilities Act, 42 U.S.C. § 12101, et. seq.

the Age Discrimination in Employment Act, 29 U.S.C. § 621, et. seq.

the Older Workers Benefit Protection Act of 1990

the United States Constitution

the Florida Constitution

any other federal, state, or local law, ordinance, regulation, custom, rule, or policy

any cause of action based in common law

actions in contract or tort, negligent or intentional

any claim based on or related to any instrument, agreement, or document entered into by or between the Parties.