MAR 2 7 2023

City of Wyoming
Human Resources
SEPARATION AGREEMENT

This is an Agreement entered into effective March 7, 2023, between Brian G. Bennett an
individual ("Employee"), and the City of Wyoming, Michigan ("Employer"), its City Council,
officers, employees, agents and attorneys. For the purposes of this Agreement, the "Employer"
shall also include any and all related entities or organizations.

The Employer and Employee desire to enter into this Agreement in order to provide
certain benefits to the Employee, as specified in this Agreement, and to release and waive
potential claims against the Employer. Therefore, the pai1ies agree as follows:

1. Separation of Employment Relationship. Effective March 7, 2023, Employee's

employment with Employer ended. Employee waives any and all seniority rights and any and all
rights he may have to be employed or re-employed by Employer thereafter. After March 7,
2023, Employee will bt: permanently separated from employment wiih Employer and shall be
entitled to no other or fm1her compensation or benefits of any kind or nature except for the
compensation and benefits expressly identified in this Separation Agreement.

2. Consideration. In exchange for the releases, waivers and promises of Employee

set forth in this Agreement, Employer will:

a. pay Employee severance equaling Fifty-Three Thousand Six Hundred Fifty­

Four and 00/100 Dollars ($53,654.00), which amount represents six (6)
months of pay based on Employee's base salary ("Severance Pay"); and

b. continue to pay the Employer's portion of Employee's insurance coverage

(health, dental, vision and life) through September 30, 2023.

The Severance Pay will be paid in equal installments over a six (6) month period ("the
Severance Period") on Employer's regular payroll dates with the first installment to be paid on
Employer's next regular payroll date after Employee executes this Agreement and after the
expiration of the revocation period provided in paragraph 4(e). The Severance Payment will be
subject to all legally required deductions and withholdings, including deductions to cover the
Employee's portion of the cost for continuing insurance coverage through September 30, 2023.

Employee acknowledges and agrees that if during the Severance Period Employee
secures another position of employment with equal or greater pay than his base salaiy with
Employer, the Employer's obligation to continue paying the Severance Pay and continue paying
for Employee's insurance coverage will cease. Employee further agrees that if during the
Severance Period, Employee secures another position of employment with less pay than his base
salary with Employer, Employer will only be obligated to pay the difference between what
Employee receives from his new position of employment and the Severance Pay stated herein
(i.e., Employer's obligation to pay Severance Pay will be offset by whatever amounts Employee
receives from another position of employment during the Severance Period). For purposes of
this paragraph 2, a "position of employment" includes employment with a third-party, self­
employment, independent contracting and any other compensation from any source. Employee
agrees to immediately notify Employer if he secures a position of employment at any time during
the Severance Period.

Employee agrees that the consideration described in this paragraph 2 is good and
valuable consideration for this Agreement and does not constitute monies to which Employee is
otherwise entitled as part of his employment with, or separation from employment with,
Employer.

3. Waiver and Release. In exchange for the payment and promises set forth in this
Agreement, Employee agrees that he unconditionally waives, releases, discharges, and promises
not to sue Employer or any of Employer's Council Members, officers, employees, agents, and
attorneys, both in their individual and official capacities, (collectively referred to hereafter as the
"Released Parties"), with respect to all claims, actions, liabilities, rights, or demands ("Claims")
of any kind, known or unknown, fixed or contingent, which he may have or hereafter may
beiieve he has arising out of his employment with Employer or the separation of that
employment including, without limitation, all Claims of whatsoever nature that might be raised
under any constitution, law, regulation, statute, ordinance, guideline, rule or common-law theory,
whether in tort, contract, equity, or otherwise, including but not limited to claims of infliction of
emotional distress, libel, slander, defamation, false light, invasion of privacy, breach of express
or implied contract, breach of fiduciary duty, tortious interference, violations of public policy,
and specifically including all claims arising under all employment, discrimination, and/or
wrongful discharge laws, regulations, or common-law theories, including, without limitation, the
Employee Retirement Income Security Act, the Fair Labor Standards Act, the Michigan Payment
of Wages and Fringe Benefits Act, Title VII of the Civil Rights Act of 1964, the Americans with
Disabilities Act, the National Labor Relations Act, Age, the Michigan Elliott-Larsen Civil Rights
Act, the Equal Pay Act, the Family and Medical Leave Act, the Michigan Persons with
Disabilities Civil Rights Act, and the Michigan Whistleblowers Protection Act, all as may be
amended from time to time, and any and all other matters arising under any other laws,
regulations, or common-law theories except the Age Discrimination in Employment Act, which
is separately covered in paragraph 4. Employee also agrees that he has been fully compensated
for all time worked for Employer. Employee further agrees that he cannot and will not sue or
bring any charges, whether civil, criminal, or administrative against the Released Parties with
respect to such claims, and that he gives up his right to accept any relief or any money obtained
by another party on his behalf with respect to any such claims.

The above release does not affect the Employee's right to participate or cooperate in a
charge or investigation with the Equal Employment Opportunity Commission or Michigan
Department of Civil Rights, but it is understood and agreed that the Employee waives, releases,
and gives up any right to reimbursement, money damages, or other payment or monetary benefit
with regard to or arising out of any such charge or investigation. The above release also does not
affect the Employee's right to sue Employer for any breaches of this Agreement.

4. Release of Age Discrimination Claims Under ADEA. Employee releases,

discharges, unconditionally waives and promises not to sue any of the Released Parties with
respect to any and all rights and claims, whether known or unknown, fixed or contingent, which
he may now have against of the Released Parties that might be raised under the Age

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Discrimination in Employment Act of 1967 ("ADEA''). With respect to Employee's claims
under the ADEA, as amended:

a. Employee does not waive rights or claims that may arise under the
ADEA after the date of this instrument; and

b. Employee's waiver of said rights or claims is in exchange for the

consideration reflected in this instrument; and

c. Employee is advised to consult with an attorney prior to executing

this instrument; and

d. Employee acknowledges that he has been given a period of at least

twenty-one (21) days within which to consider signing this
Agreement; and

e. Employee has a period of seven (7) days following the execution

of this Agreement within which to revoke the provisions of this
Paragraph 4.

5. Return of Property. Employee warrants that he has or will promptly deliver to the
Employer any and all physical property and equipment of the Employer, and any Employer
documents that are not publicly available. Employee will also return all electronic and paper
documents belonging to Employer, including financial information, memoranda, specifications,
videotapes, computer disks, visual aids and images. All Employer property will be returned
promptly and in good condition except for normal wear. The Employee agrees not to retain any
copies, reproductions or summaries of any confidential or proprietary information of Employer.
This covenant will continue in effect after the termination of the Employment and shall survive
expiration of this Agreement.

6. Non-Disparagement. Employee agrees that he will not disparage the Employer, its
City Council or its Councilmembers. "Disparage" shall mean any communication, oral or
written, whether. on social media or otherwise, of negative, demeaning, false, or misleading
information, or any statement that in any manner discredits or reflects negatively on the named
parties, unless such statement is required by law.

7. No Admission of Liability. The Parties hereby acknowledge that neither this

Agreement nor any statement contained herein shall be deemed to constitute an admission of
liability or wrongdoing on the part of the parties herein released.

8. Complete Agreement. This Agreement contains the entire understanding between

Employee and Employer and, except as otherwise stated in this Agreement, replaces and
supersedes all prior agreements or understandings between Employee and Employer of any kind
or nature whether oral or written, other than any pension or retirement plan in which Employee
participates. The parties agree that this Agreement cannot be modified, amended, or terminated
except by written instrument executed by the parties, and neither party is relying upon any oral
representations or statements in executing this Agreement that are not contained in this

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Agreement. The parties further agree that should any portion of this Agreement be deemed by a
court to be unenforceable, the remaining portions shall automatically be severed therefrom and
shall remain in full force and effect.

9. Irrevocability. Upon full execution of this Agreement by both Employer and

Employee, this Agreement and the release provisions contained herein shall become irrevocable
and may not be revoked by either party unilaterally except as stated in paragraph 4(e).

10. Michigan Law and Michigan Court. This Agreement will be construed by the
laws of the State of Michigan. If there is a dispute as to the provisions, interpretation, or
application of this Agreement, any lawsuit must be filed in a court of competent jurisdiction
within the County of Kent and State of Michigan.

11. Persons Bound. This Agreement shall be binding upon and shall inure to the
benefit of Employer and Employee and their respective heirs, successors, and assigns.

12. Understanding of Terms and Effect. Employee acknowledges and expressly

warrants that he has been advised to seek counsel and that he has read and fully understands the
terms and effect of this Agreement and hereby enters into the Agreement voluntarily.

EMPLOYEE

Brian G. Bennett
�4
CITY OF WYOMING

Date: 3 •IJ..n /)I')

B?ofu;McCarter
Its: Acting/Interim City Manager

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City of Wyoming Michigan
City Manager J 1155 28th St. SW, Wyoming, Ml 49509
616.530.7272 I Fax 616.261.7103 I wyomingmi.gov

r
To: Brian Bennett

From: John Mccarter, City Manage�

Cc: Chief Koster, Director of Public Safety

Re: Employment

Date: March 7, 2023

Brian,

As we have discussed today, after a lot of thought and consideration, and in consultation with
Chief Koster, I have decided that it is time to separate your employment with the City, We
appreciate your contributions over the years, but your performance is not meeting the City's
expectations, Specific examples of issues and concerns were discussed with you this morning.

We understand that you may not agree with the decision, but - in accordance with your
Employment Agreement dated June 5, 2018-you serve at the pleasure of the City Manager who
may terminate the employment relationship at any time and for any reason. Having said that,
and while I believe that the City has the right to end your employment immediately under
paragraph 6(b) of the Agreement, instead we are ending the relationship pursuant to paragraph
6(c).

Enclosed with this Notice is a Separation Agreement for your review. The Separation Agreement
outlines the severance offer (six months' base salary plus six months of continued insurance
benefits), but-as your Employment Agreement states-the offer is contingent upon your timely
execution of the Separation Agreement. If you choose to accept the offer, you must return the
signed Separation Agreement to me within 21 days, or no later than 5 p.m. on March 28, 2023.
As long as you do not revoke the Agreement within a seven-day period after you sign, the
severance pay will begin on the next regular payroll date after that revocation period expires and
will continue for 6 months thereafter. If you do not return the signed Agreement to me by the
stated deadline, the offer will expire.

If you have any questions, please let me know.

community• safety• stewardship

CITY COUNCIL
Robert Arnoys Tommy Brann Sheldon DeKryger Renee Hill Marissa Postler Robect Postema
Kent Vanderwood, Mayor
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