Bibi Stewart Garvin aka Bibi Taylor Separation Agreement with the Town of Dover in Morris County
SETTLEMENT AGREEMENT
This Agreement is made and entered into this f obi day of June, 2008, by and
between Bibi Stewart Garvin, hereinafter "Garvin" and the Town of Dover, a New Jersey
Municipality, its elected officials, its officers, its employees and agents, hereinafter collectively
"Dover."
WHEREAS, Dover served notice upon Garvin of non-renewal- of contract for
position of Administrator effective December 31, 2008; and
WHEREAS, Garvin believes her term of office to include two consecutive three
year terms pursuant to her amended contract dated April 5, 2006 which stated, "The term of
office for the Municipal Administrator shall be three years and she shall be appointed for two
consecutive three year terms commencing January 1, 2006 through December 31, 2008 and
January 1, 2009 through December 31, 2011 upon passage of an amendment to Section 2-8 (C)
of the Municipal Code;" and
WHEREAS, the Town of Dover amended the Code of the Town of Dover,
Section 2-8 (C) on December 12, 2006 via Ordinance 32-2016. Section 2-8, entitled "Town
Administrator," Subsection C, was amended and supplemented to read in part: The term of
office for the Municipal Administrator shall be three (3) years. The Administrator may be
appointed to more than one consecutive term"... ; and
WHEREAS, N.J.S.A. 40A:9-137 provides that the term of office of a Municipal
Administrator shall be at the pleasure of the governing body; and
WHEREAS, this dispute as to the term of office may result in litigation; and
WHEREAS, the parties desire to avoid the cost of litigation and to insure the
efficiency of the proper governance of the Municipality while resolving any disputes between
Garvin and Dover, the effect of which could negatively impact upon the management of the
Municipality; and
WHEREAS, the parties desire to settle this issue and any and all other potential
issues or differences existing between them; and
WHEREAS, no admission of liability or other wrong doing is admitted by Garvin
or Dover each of whom is settling this matter for business reasons and for repose;
The parties, intending to be bound hereby, covenant and agree as follows:
1.
Year 2008. Garvin will, immediately upon the full execution of this
Agreement, submit to Dover an irrevocable resignation effective June 11, 2008. Garvin shall be
paid the equivalent of her salary for the balance of 2008, which salary is $139,259.25 for the
year; in periodic payments on the same schedule as she would have received salary payments if
continuing in her employment by the Town. In addition, after the effective date of her
enrollment in the Town of Dover Health Insurance Program, Dover will pay monthly that
amount necessary to continue Garvin on the Town health insurance policies through COBRA.
If however, Garvin accepts employment where health benefits are provided to her then Dover
shall be released from the obligation to make monthly payments for COBRA continuation of
health benefits. It shall not matter if the new health benefits provided to Garvin by a new
employer differ from that provided by Dover. Garvin shall also be entitled to accumulated sick
leave and vacation time in a lump sum of $25,460.01 no later than June 30, 2008. The parties
agree that Garvin shall be responsible for the payment of all taxes on all payments made to her
by Dover and that Dover will have no tax payment obligations for payments made in the year
2008.
2.
Year 2009, During the year 2009, Garvin will not be an employee of the
Town of Dover. Dover will pay Garvin $144,133.00 in periodic increments (two times per
month on the same schedule as the Town employee payroll). In addition, during the year 2009
Garvin is to receive monthly payments in an amount necessary to pay COBRA health benefits
/6.4)
or her which payments shall continue through to the end of 2009 or until Garvin accepts
employment where health benefits are provided to her in which case the requirement of Dover to
1-d
pay Garvin for COBRA costs shall cease. It shall not matter if the new health benefits provided
to Garvin by a new employer differ from that provided by Dover. The parties agree that Garvin
shall be responsible for the payment of all taxes on all payments made to her by Dover, and that
Dover will have no tax payment obligations for payments made in the year 2009.
3.
Mutual General Release.
In consideration for Dover entering into and
carrying out the terms of this Settlement Agreement, Garvin agrees to execute a general release
to Dover remising, releasing and forever discharging Dover, including, both individually and in
their official capacity, each of its elected officials, officers, employees, agents, attorneys,
managers, directors, and department heads, their predecessors, successors, heirs, executors,
administrators and assigns and all persons acting by, through, under or in concert with any of
them, individually and collectively referred to as "releases," from any and all action, causes of
action, suits, charges, complaints, claims, liabilities, agreements, controversies, damages, and
expenses, including attorneys fees and costs actually incurred, and all other claims of any nature
whatsoever known or unknown, in law or in equity, and this release includes, but is not limited
to, any claims arising under the Constitution of the State of New Jersey; the Constitution of the
United States of America; the New Jersey Public Employer-Employee Relations Act; the
Electronic Communication Privacy Act; claims arising under invasion of privacy, tort and search
and seizure theories; the Age Discrimination and Employment Act; Title VII of the Civil Rights
Act of 1964, as amended; the New Jersey Law Against Discrimination; the New Jersey
Conscientious Employee Act (the preceding being by way of example and not limitation) and
any other claim of any nature whatsoever relating to Garvin's employment, individually and
collectively referred to as "claims" for purposes of this paragraph, which Garvin had, now has, or
that her heirs, executors and administrators hereinafter may have, against each or any of the
releases from the beginning of time to the date of this Agreement, arising from Garvin's
employment with Dover. Dover, its officers and agents, in turn, agree to provide a general
release to Garvin in a form similar to that Garvin provided to Dover.
4.
Non-admission. This Agreement is not and shall not in any way be
construed as an admission by Garvin or Dover or its officials, officers, employees, agents,
attorneys, and representatives of any violation of any Federal or State or Local Law or violation
of any other legal duty owed one to the other, but instead constitutes the good faith settlement of
a disputed claim. Dover and Garvin have entered into this Agreement for the sole purpose of
avoiding litigation. No findings of any kind have issued by any Court and neither Dover nor
Garvin claims or purports to be a prevailing party in any threatened litigation.
5.
Confidentiality. Garvin and Dover agree that the terms and conditions of
this Settlement and the claims upon which it is based and any other potential claims stated or
unstated shall remain confidential insofar as permitted by law. The parties agree not to discuss
this case or settlement with third parties or the media and will instruct family members,
accountants, financial planners and attorneys of this confidentiality requirement should any party
need to discuss the settlement with any such individual.
6.
Acknowledgment of Review.
Garvin represents that she has
carefully read and fully understands this Agreement and has thoughtfully discussed all aspects of
this Agreement with her attorney or attorneys. Garvin certifies that she is voluntarily entering
into this Agreement and that no one has made any representations concerning the term or effect
of this Agreement other than those contained herein.
7.
Full Settlement.
All matters between Garvin and Dover known or
unknown are settled in full and it is understood and agreed by Garvin and Dover that any
pending or threatened litigation between the parties is being either settled or voluntarily
withdrawn. Garvin and Dover agree not to institute any lawsuit or assert any claims, charges,
grievances or other legal proceedings against the other in any form, based upon any act, event or
omission whether known or unknown, occurring prior to the date of the execution of this
Agreement for any event related to, arising out of or in conjunction with Garvin's employment at
Dover up to the date of this Agreement. In the event, however, one of the parties hereto fails to
comply with any portion of this Agreement regarding its terms and conditions, and a proceeding
needs to be instituted for the enforcement of this Agreement, the party not in compliance with
the Agreement, agrees to bear all the costs and enforcement including attorneys fees.
8.
Attorney Fees.
Garvin agrees to pay her own attorneys fees and
costs and agrees to indemnify and hold Dover harmless for any attorneys fees due whether
contractual, statutory or otherwise, for Garvin's attorneys throughout the date of the signing of
this Agreement,
9.
Town Files and e-mail.
Garvin agrees that all of the Administrator's
Town files will remain at Town Hall and will be turned over to the Municipal Clerk. Garvin also
agrees to provide all stored e-mail information related to Town business and provide the
password for same to the Town Clerk. Garvin will reasonably cooperate to transition such files
whether paper or electronic to the Municipal Clerk. Future incoming e-mails to the
Administrator shall be forwarded to the Municipal Clerk for follow up,
Jurisdiction. This Agreement is made and entered into in the State of
9.
New Jersey, and shall in all aspects be interpreted and governed under the laws of the State of
New Jersey. The language of all parts of this Agreement shall be construed as a whole,
according to its fair meaning, and not strictly for or against either of the parties.
Severability. Should any provision of this Agreement be declared or be
10.
determined by any Court to be illegal or invalid, the validity of the remaining parts, terms or
provisions shall not be effected thereby and said illegal or invalid part, term or provision shall be
deemed to be a part of this Agreement.
11.
Entire Understanding.
This Agreement constitutes the entire
understanding of the parties. This Agreement supersedes all prior oral or written agreement and
cannot be modified except by a writing signed by the parties.
12.
Counterparts. This Agreement may be signed in counterpart.
13.
Post Agreement Cooperation. Gavin agrees to cooperate with Dover's
reasonable request to complete projects, litigations or other items when she is a necessary
participant on behalf of the Town. This shall be at mutually agreeable times and dates.
ATTEST:
TO
Ines P. Dodd, Mayor
erk
WITNESS:
Bibi Ste art Garvin
DATED: June
1Q , 2008
02/10/2009
(rno.10.
10:40 Florio, Formal
P.0051(107
FIRS1r AIVIV(DIVIENT TO SETTLEMENT AGRI:LUNT
DATED JUNE I0, 2003
This document is the First Amendment to the A.gretnrinit made incI entered into
on the tenth day of June, 2008 by and between Bibi Stewart Garvin, her einafter "Garvin," and
the Town of Dover, a New jersey municipality, its elected officials, its )facers, its employees
and agents, hereinafter collectively "Dover."
WHEREAS, the parties desire to amend and su:plement le Settlement
Agreement referenced above based upon mutual promises and for valuable consideration, the
parties herein agree as follows:
1. • Lump Sum Payment, Paragraph 2 of the Age etnent, entitled "Year
2009," requires Dover to pay Garvin $1411,133.00 in periodic increments (two times per month
on the same schedule as Town employee payroll). Such paragrapl: amenCed to read that
Garvin shall receive a total payment of $129,719.70 for 2009. Such pay ,nents have been-made
or shall be made as follows:
A.
Payments of $5,338.25 have been math and received or shall be
paid - for the following dates: 1/2/09; 1/16/09; 1/30/09 and 2/13/A This amount totals
$21,353.00.
B.
A lump sum payment in the amount of Sl08,:366.70 on or before
February 13, 2009.
2.
COBRA.
This lump sum payment does. not aff6::: Dover's obligation
to make COBRA health benefit payments for Garvin (parent/el:did P.m; tlroughout the end of
2009 unless a new appointment is accepted by Garvin where health berefits are wovided.
0211012009
3.
Balance . of Terms.
The balance of • the terms and conditions.: of the
Agreement shall remain in full force and effect and the parties hereby
4.
P.004/007
(RX;(201
10:40 Florio, Perruccl
13
we = to be bound by them
Costs and Fees. Each of the parties agreeS to pay for its
attorney's
fees and costs relating to this First Amendment.
5.
Eptire Understanding. This First Addendum toi:etlier with the Agreement
herein constitutes the entire understanding of the parties, This Agr•:meat sui:c..sedes all prior
oral or writ-ten agreements and cannot be modified except by a writing nig:,ed_ by the parties.
ATTEST:
(24Aelp
Town of Dover
fL
Margare Verga, Clerk
WITNESS:
Lester Taylor, Esq.
Dated: February I 0 , 2009
es P. Dodd, Mayor
RELEASE
THIS RELEASE dated this NI' day of "T'vetk. 2008, is given by the Releasor,
Bibi Stewart Garvin, 216 Woodland Avenue, East Orange, NJ 07018, hereinafter referred to as
The Town of Dover, a municipal corporation, and the following
TO:
individually and in their official capacity, its elected officials, employees, agents, attorneys,
managers, directors, department heads, their predecessors, successors, heirs, executors,
administrators and assigns and all persons acting by, through, under or in concert with any of
them, individually or collectively, hereinafter referred to as "You" located at 37 N. Sussex Street,
Dover, NJ 07801.
If more than one person signs this Release, "P' shall mean each person who signs
this Release.
1.
RELEASE: I release and give up any and all claims and rights which I
may have against you, This releases all claims, including those of which I am not aware and
those note mentioned in this Release. This Release applies to claims resulting from anything
which has happened up to now. I specifically release the following claims:
From any and all actions, causes of action, suits, charges, complaints, claims,
liabilities, agreements, controversies, damages, and expenses, including attorneys fees and costs
actually incurred, and all other claims of any nature whatsoever known or unknown, in law or in
equity, and this release includes, but is not limited to, any claims arising under the Constitution
of the State of New Jersey; the Constitution of the United States of America; the New Jersey
Public Employer-:Employee Relations Act; the Electronic Communication Privacy Act; claims
arising under invasion of privacy, tort and search and seizure theories; the Age Discrimination
and Employment Act; Title VII of the Civil Rights Act of 1964, as amended; the New Jersey
Law Against Discrimination; the New Jersey Conscientious Employee Act (the preceding being
by way of example and not limitation) and any other claim of any nature whatsoever relating to
Garvin's employment, individually and collectively referred to as "claims" for purposes of this
paragraph, which Garvin had, now has, or that her heirs, executors and administrators hereinafter
may have, against each or any of the releases from the beginning of time to the date of this
Agreement, arising from Garvin's employment with Dover.
2.
PAYMENT: In consideration for making this Release, you have agreed
to pay me those amounts set forth in a Settlement Agreement of even date herewith which is
incorporated herein by reference. It is understood that I will not seek anything further, including
any other payments, from you.
Releasor hereby covenants that all expenses and costs have been paid or provided
for. Releasor further covenants to hold Releasee harmless from all claims, suits and liens for
expenses arising out of the aforesaid incident.
3.
WHO IS BOUND: I am bound by this Release. Anyone who succeeds
to my rights and responsibilities, such as my heirs or the executor of my estate, is also bound.
This Release is made for your benefit and all who succeed to your rights and responsibilities,
such as your heirs or the executor of your estate.
4. •
I understand and agree to the terms of this Release.
SIGNATURES:
I have consulted with legal counsel prior to accepting this Release.
WITNESS:
Bibi Ste art Garvin, eleasor
iiitOjtitt***446140110, Esq.
e.:.—t-7,,t hwi
STATE OF NEW JERSEY
: ss.
COUNTY OF MORRIS
I CERTIFY that on DIA" e- I
, 2008
0
Bibi Stewart Garvin, personally came before me and acknowledged under oath, to my
satisfaction, that she:
(a)
is named in and personally signed this document; and
(b)
signed, sealed and delivered this document as her act and deed.
•
1,1
PP
.
1.-forn
es
1-A
RELEASE
THIS RELEASE dated this Vttt day of June 2008, is given by the Releasor,
the Town of Dover, a municipal corporation of New Jersey, its officers and agents, 37 N. Sussex
Street, Dover, NJ 07801, hereinafter referred to as "I,"
TO: Bibi Stewart Garvin, 216 Woodland Avenue, East Orange, NJ 07017,
hereinafter referred to as "You."
If more than one person signs this Release, "I" shall mean each person who signs
this Release.
1.
RELEASE: I release and give up any and all claims and rights which I
may have against you. This releases all claims, including those of which I am not aware and
those not mentioned in this Release. This Release applies to claims resulting from anything
which has happened up to now. I specifically release the following claims:
By reason of any and all claims, losses, expenses resulting from my employment
as Administrator of the Town of Dover.
2.
PAYMENT: In consideration for making this Release, you have agreed
to pay me a settlement as set forth in a confidential settlement agreement of even date herewith.
It is understood that I will not seek anything further, including any other payments, from you.
Releasor hereby covenants that all expenses and costs have been paid or provided
for. Releasor further covenants to hold Releasee harmless from all claims, suits and liens for
expenses arising out of the aforesaid incident.
3.
WHO IS BOUND: I am bound by this Release. Anyone who succeeds
to my rights and responsibilities, such as my heirs or the executor of my estate, is also bound.
This Release is made for your benefit and all who succeed to your rights and responsibilities,
such as your heirs or the executor of your estate.
4.
SIGNATURES:
I understand and agree to the terms of this Release.
If this Release is made by a corporation, its proper corporate officers signed and its corporate
seal is affixed.
WITNESS:
TOWN OF DOVER,
STATE OF NEW JERSEY
SS.
COUNTY OF MORRIS
I CERTIFY that on this 79 nt day of June, 2008
personally came before me and this person acknowledged under oath, to my satisfaction, that:
this person is the Municipal Clerk of the Town of Dover, a New Jersey
(a)
Municipal Corporation, the corporation named in the within document;
(b)
this person is the attesting witness to the signing of this document by the
proper corporate officer who is the Mayor of the corporation;
this document was signed and delivered by the corporation as its voluntary
(c)
act duly authorized by a proper resolution of its governing body;
(d)
this document; and
(e)
this person knows the proper seal of the corporation which was affixed to
this person signed this proof to attest to the truth of these facts.
Sworn and subscribed
ate afo esaid.
before me t
LA
David C. ennella, Esq.
An Attorney at Law of New Jersey
Margaret i erga, kf erk
TOWN OF DOVER
37 NORTH SUSSEX STREET
DOVER, NEW JERSEY 07801
Telephone: (973) 366-2200 Fax: (973) 328-6524
James P. Dodd, Mayor
June 10, 2008
Mayor and Members of the Board of Aldermen
Town of Dover
37 N. Sussex St.
Dover, NJ 07801
RE: Resignation
Mayor and Members of the Board of Aldermen,
In accordance with the terms of the settlement agreement approved on June 10, 2008 during the
regularly scheduled Mayor and Board of Aldermen meeting, please accept this correspondence as
my official resignation effective immediately.
Bibi S ewart Garvi
Business Administrator
CC: David Pennella, Town Attorney
Margaret Verga, Town Clerk
TOWN OF DOVER
MAYOR AND BOARD OF ALDERMEN
Minutes of Executive Session June 10, 2008
The following were present:
Aldermen Picciallo, Poolas, Donofrio, Visioli, Fahy, Delaney, Timpani and Mayor Dodd
Absent: Alderwoman Romaine
Also present: Attorney Pennella and Clerk Verga
The purpose of this executive session was to discuss a settlement agreement for Bibi Stewart
Garvin, Administrator.
Mayor Dodd stated there is a difference of opinion on the interpretation of the Ordinance as to the
length of the Administrators contract. The town feels it is a three year contract and she may be
appointed to two three year terms. She feels it’s automatically a six year term.
Attorney Pennella stated she is represented by council. Ms. Garvin wants the settlement
confidential and she is unhappy still being here. He also explained if the agreement was voted for
he does have her resignation.
Alderman Visioli reiterated the section in the agreement on confidentiality clause. The terms of
the agreement were discussed.
It was also stated that Paul McDougall was contacted and will work as a consultant.
A motion was made to return to the regular meeting at 8:25pm and passed by the following voice
vote- all ayes.
Respectfully submitted,
Margaret J. Verga
Municipal Clerk
TOWN OF DOVER
MAYOR AND BOARD OF ALDERMEN
Minutes of Executive Session May 13, 2008
The following were present:
Aldermen Picciallo, Poolas, Donofrio, Romaine, Visioli, Delaney and Mayor Dodd
Absent: Aldermen Timpani and Fahy (note: Fahy was present for the regular meeting)
Also present: Attorney Pennella and Clerk Verga
The purpose of this executive session was to discuss the re-appointment of Bibi Stewart Garvin,
Administrator.
Mayor Dodd requested Clerk Verga ask Administrator Garvin if she was going to attend
executive session and to look for Alderman Fahy.
Administrator Garvin told Clerk Verga that she was not required to attend. Alderman Fahy could
not be located.
Alderman Visioli stated he has two resolutions prepared one for non-renewal and one for renewal
of the administrator’s contract. All of us have had dealings with her some good and some bad.
Alderman Donofrio asked how long her contract is. Alderman Visioli stated she serves at the will
of the board and Mayor Dodd stated it is a three year contract.
Alderman Visioli stated the ordinance reads the term of office is three years and the administrator
may be appointed to more than one term. If the board is not going to reappoint her it must be
given in writing six months prior to the end of the contract.
Attorney Pennella explained when he was on vacation and Morristown was offering Ms. Garvin a
position the board redid her contract which said she may be appointed to two consecutive terms.
Upon his return he met with Ms. Garvin, Mayor Dodd and Steve Edlestien , Ms. Garvin’s
Attorney. Attorney Pennella’s position was that the board can not give a contract that is contrary
to state statute.
Mayor Dodd stated the contract was contingent upon passage of an amendment to the ordinance
2-8 Administrator of the Town of Dover Code.
Alderman Donofrio asked if she was doing the job and does she think her contract is for six years.
Attorney Pennella stated that is a possibility.
The board was cautioned about confidentiality.
A motion was made to return to the regular meeting at 9:15pm and passed by the following voice
vote – all ayes.
Respectfully submitted,
Margaret J. Verga
Municipal Clerk