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RELEASE AND SETTLEMENT AGREEMENT THIS RELEASE AND SETTLEMENT AGREEMENT, is hereby entered uf/< hfYt'; into this day of u. 2002, by and between THOMAS R. WEBBER and PAMELA A. WEBBER, individually and as husband and wife, hereinafter referred to as the "Releasors··: and CITY of MOSCOW. IDAHO. MOSCOW CITY POLICE DEPARTMENT. MOSCOW CITY POLICE CHIEF DANIEL L. WEAVER. the STATE of IDAHO, and all of those entities' and persons' offices. departments, agencies. instrumentalities, elected officials. employees. representatives. attorneys. agents. officers. contractors. heirs. insurers. subsidiary companies, parent companies. successors, and assigns and any and all other persons or entities acting for. by or through them, whether acting in their individual capacity or on behalf of them. and, all other persons or entities of whatever type or nature. hereinafter collectively referred to as "Releasees". STIPULATION Releasor Thomas R. Webber filed a lawsuit in the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah. Case No. CV01-00552, on August 23. 2001 making various allegations including. but not limited to. that he had been improperly terminated from his employment with the City of Moscow on September 30, 1999, that Latah County and Prosecutor William Thompson violated his RELEASE AND SETTLEMENT AGREEMENT - PAGE 1 2002-22 ---PAGE BREAK--- constitutional rights by illegally searching and seiZing bank records. that the City of Moscow retaliated against Thomas R. Webber by initiating POST revocation proceedings. that the City of Moscow maliciously prosecuted Thomas R. Webber. that the Defendants conspired to violate Thomas R. Webber's constitutional rights, that the Defendants discriminated against Thomas R. Webber on the basis of his religion. and that the City of Moscow and Moscow Police Chief Daniel L. Weaver were responsible for the constitutional violations of their employees/subordinates. The Defendants to this lawsuit timely removed the case to the United States District Court for the District of Idaho on September 26, 2001. Case No. CVOI-0501-C-EJL. Hereinafter. said litigation shall he referred to as the ''LAWSUIT." Releasors maintain in the LAWSUIT that the search and seizure of hank records, criminal prosecution, termination of employment, and the initiation of POST revocation proceedings constituted deprivations of life, liberty and property without due process, violated Thomas R. Webber's right to equal protection under the laws. constituted religious discrimination, and that Thomas R. Webber was wrongfully discharged under state law. As a result of one or more of these claims, the Releasors contend in the LAWSUIT that Thomas R. Webber is entitled to compensatory damages, reinstatement of his position witl1 the City of Moscow. and costs and expenses. including attorney fees. RELEASE AND SETTLEMENT AGREEMENT - PAGE 2 ---PAGE BREAK--- In making this Release and Settlement Agreement, it is understood and agreed that Releasors rely wholly upon their own judgment, belief, and knowledge of the nature, extent, effect and duration of said alleged injuries, damages and any liability therefor; and that this Release and Settlement Agreement is made without relying upon any statement or representation of Releasees or their representatives. Releasees have at all times denied the allegations of Releasors. Releasees maintain that the investigation, suspension, criminal prosecution, and termination of Releasor Thomas R. Webber were proper and lawful, that Thomas R. Webber's employment with the City of Moscow was at-will, that Thomas R. Webber was not discriminated against, and that Releasees did not commit any tort against or violate any right of any Releasor under state or federal law. Releasees have mall times contended that Releasors' claims were without basis and that the LAWSUIT was without merit and should be dismissed. Without waiving any of their respective claims or positions in this matter. both sides seek to compromise the LAWSUIT and all claims, if any, held by the parties to this Release and Settlement Agreement. RELEASE AND SETTLEMENT AGREEMENT - PAGE 3 ---PAGE BREAK--- RELEASE AND SETTLEMENT AGREEMENT l Releasors and Releasees have all had the opportunity to review the foregoing Stipulation, as well as the remainder of this Release and Settlement Agreement, and agree to the coments herein. Releasors and Releasees have had the benefit of consulting with their own lawyers and experts with reference to the claims as a result of this dispute. Releasors and Relca:;ees, each in their own capacity, acknowledge that the considerations given pursuant to this Release and Settlement Agreement are determined and accepted with due regard for the possibility of unknown losses and complications. II In consideration of th<" agreement ofRelea''"ƍes to waive any claims they have or may have had for costs and fees, including attorney fees, against Releasors arising out of the LAWSUIT, and the agreement of the City of Moscow to reinstate Thomas R. Webber to his previous position and to allow him to voluntarily resign from said position, as described more fully below, Relcasors hereby release, acquit and forever discharge the Releasees, and each of them, from any and all rights, causes of action and claims of any nature, both known and unknown, both now and in the future, in any way having to do with, arising. arisen, or to arise as a result of or stemming from any of the following: Thomas R. Webber's employment with the City of Moscow; the suspension and RELEASE AND SETTLEMENT AGREEMENT- PAGE 4 ---PAGE BREAK--- termination of Thomas R. Webber's employment with the City of Moscow; the investigation and criminal prosecution of Thomas R. Webber by Latah County including. but not limited to, the issuance of any and all subpoenas. and any role that Releasors had in said investigation and prosecution; the initiation. investigation, prosecution, and disposition of POST certification revocation proceedings against Thomas R. Webber, and any role that Releasors had in said proceedings; any deniaL infringement, or other ::dverse impact or action taken by any Releasee allegedly affecting any property rights, constitutional rights (including, but not limited to, Releasors' fi·eedom of speech and freedom of religion). state law rights, common law rights. or tenure rights. if any, held by Releasors. including bur not limited to any such rights arising out of Thomas R. Webber's employmenr wirh the City of Moscow. his POST certification. or his reputation; any and all actions or omissions of any Releasee resulting in an alleged deprivation of federal or state substantive or procedural due process rights ofReleasors, including bur not limited to any claims related to Latah County's search and seizure of Releasors · bank records and the bringing of criminal charges against Thomas R. Webber. including any role that Releasors had in said proceedings; any and all claims which were or could have been made by Releasors in the claim filed by Thomas R. Webber against City of Moscow, Idaho, on March 24, 2000, any claim for attorney fees and costs under federal or state Jaw; and (10) any and all claims which were or could have been made by RELEASE AND SETTLEMENT AGREEMENT - PAGE 5 ---PAGE BREAK--- Releasors in the LAWSUIT. Releasors fully understand and represent that Releasees would not enter into this Release and Settlement Agreement under any condition other than the full, final and complete release and discharge of all claims of any nature or form which Releasors may have against Releasees. III REINSTATEMENT AND RESIGNATION As consideration for this Release and Settlement Agreement and only for purposes of settlement, Releasee City of Moscow hereby agrees to retroactively reinstate Thomas R. Webber to the position of patrol offker with the Moscow City Police Deparnnent, effective September 30, 1999, without past. present or future salary, compensation or hencfits of any kind, and only under the condition that Thomas R. Webber shall resign from said position on the same day that he is reinstated, also effective September 30, 1999. Attached hereto as Exhibit A and incorporated by reference is the fom1 the reinstatement shall take. Releasors hereby agree that Thomas R. Webber shall resign said position and that Releasors shall not seek any salary. compensation or benefits of anv kind and forever waive their right, if anv, to same. Attached hereto as Exhibit B of and incorporated by reference is the form the resignation shall take. By agreeing to the reinstatement and resignation. the Parties agree that City of Moscow, Idaho is not liable to Releasors, Releasors do not claim to be entitled to any past, present or future salary, RELEASE AND SETTLEMENT AGREEMENT - PAGE 6 ---PAGE BREAK--- compensation or benefits. and Releasors expressly waive any and all rights to same. By agreeing to reinstate Thomas R. Webber's employment and allov. him to resign. Releasees are not agreeing, suggesting. or implying that the termination of Thomas R. Webber's employment was in any way improper. unjustified, or motivated by discrimination. The Parties understand and agree that City of Moscow. Idaho will maintain the confidentiality of the records in its possession consisting of Thomas R. Webber· s persom:el file and the records of City of Moscow. Idaho· s internal personnel investigation of Thomas R. Webber as provided by applicable law. City of Moscow. Idaho will not release said records unless provided with a valid release from Thomas R. Webber, unless ordered to do so by a Court of competent jurisdiction, or unless under a legal obligation to do so pursuant to state or federal statute. IV The Parties understand and agree that this settlement is a compromise of a doubtful and disputed claim and that the consideration given by Releasees is voluntary and not to be considered an admi>sion of liability on the part of Releasees. Releasees have at all times denied, and continue to denv. liabilitv in connection with the LAWSUIT. In ! " making this settlement, Releasees intend merely to avoid further proceedings and litigation, specifically avoid the cost of defending this matter further, and buy their peace. RELEASE AND SETTLEMENT AGREEMENT- PAGE 7 ---PAGE BREAK--- v Releasors agree to execute and return to Releasees · representative attorneys notarized, duplicate and unmodified originals of this Release and Settlement Agreement after being tully informed of its terms, contents and effects by Releasors' attorneys. Releasors and Releasees hereby direct their respective attorneys to execute and deliver a Stipulation for Dismissal With Prejudice of the LAWSUIT and any other litigation filed by Releasors against Releasees \Vith respect to these matters. This instrument embodies tl1e entire agreement of the Parties. There are no prom1ses, terms. conditions, or obligations other than those contained herein. This agreement shall supersede all previous communication, representation, or agreements, either verbal or written between the Parties hereto. The consideration stated in this agreement herein is contractual and not a mere recitaL The undersigned have read the foregoing Release and Settlement Agreement and fully understand the same. RELEASE AND SETTLEMENT AGREEMENT- PAGE 8 ---PAGE BREAK--- STATE OF IDAHO ) COUNTY OF {'yf"{flk}Yj ss. PAMELA A. WEBBE'R o · I, On this l.\1 day of2002, before me, a notary public in and for said state, personally appeared THOMAS R. WEBBER known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. rjs,£\,iiitu4vHEREOF, I have hereunto set my hand and affixed my official seal the day usuC ;s Residing at & ,o:JJr.Jc L IS'M··. / o [ Commission expires 'Jo. / . . . . . . r "'17'12 OF 10w REL%Xsfl Wl,tb'$ETTLEMENT AGREEMENT- PAGE 10 ---PAGE BREAK--- EXTINGUISHMENT OF CLAIM AND/OR LIEN M. LYNN DUNLAP hereby agrees that payment of the settlement proeeeds as set forth in this Settlement Agreement extinguishes any and all the claims and/or lien for attorney fees that he or his respective law firm may have, and any other lawyers may have, stemming out of the above-described claims of Releasors against any and all of the Releasees. DATE: 7 RELEASE AND SETTLEMENT AGREEMENT - PAGE II