Romeo Release and Settlement Agreement - Executed by Romeo.pdf

Town of Winthrop · from the Town's request portal · released Dec 13, 2023 · 14 pages · 1.1 MB
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GENERAL RELEASE AND SETTLEMENT AGREEMENT
I. The Plaintiff Ferruccio Romeo and the Defendant, Town of Winthrop, agree to resolve all
of Romeo’s claims, lawsuits, and actions by the terms of this general release and
settlement agreement (Romeo, and the Defendants Town of Winthrop, James McKenna,
Austin Faison and Terence Delehanty, are hereinafter collectively referred to as the
“Parties”).
II. Romeo, being of lawful age, on behalf of himself and his heirs, executors, administrators,
estates, successors, assigns, legal representatives, and other representatives (collectively
“Romeo”), in consideration of (1) the payment to him of the total sum of Four Hundred
and Thirty Thousand Dollars ($430,000.00), (2) his engagement by the Town of
Winthrop as Deputy Police Chief as described in Paragraph IV below, (3) the execution
of this general release and settlement agreement, and (4) other good and valuable
consideration, hereby in good faith forever releases, acquits and discharges the TOWN
OF WINTHROP, JAMES MCKENNA, TERENCE DELEHANTY, AUSTIN FAISON,
INDIAN HARBOR INSURANCE COMPANY, AXA XL and MIIA Property &
Casualty Group, Inc. (MIIA) and, separately and collectively, their respective current and
former employees, elected and appointed officials, officers, directors, agents, insurers,
reinsurers, claim administrators, claim managers, adjusters, representatives, parent and
subsidiary companies, affiliates, divisions, and branches thereof, predecessors,
successors, attorneys and assigns (collectively “Winthrop”) from any and all actions,
causes of action, claims, demands, liability, suits, controversies, proceedings, expenses,
property damage, loss of services or companionship, claims for discrimination and
retaliation, employment claims, claims under M.G.L. 151B and Title VII, statutory and

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common law and tort claims, constructive discharge, loss of consortium, claims arising
out of any and all personal injury, whether known or unknown (including, without
limitation, claims for breach of warranty and negligence), and from all other rights,
demands, damages and liabilities of any kind or nature (including, without limitation, all
liabilities for damages, costs, charges, losses, expenses and attorneys’ fees) (collectively
referred to as “Claims”), which Claims Romeo now has or may ever have had from the
beginning of the world to the date this General Release and Settlement Agreement is
Executed, whether now known or unknown, whether presently existing or hereafter
arising, including, but not limited to, claims in state and federal courts, administrative
claims, and actions filed at the Equal Employment Opportunity Commission (EEOC),
Massachusetts Commission Against Discrimination (MCAD) and Department of Labor
Relations (DLR). These claims include but are not limited to the following actions:
Ferruccio Romeo v. Town of Winthrop et al., Suffolk Superior Court, Civil Action No.:
1584CV02140; Ferruccio Romeo v. Town of Winthrop , Civil Action No.: 1984CV01566;
Ferruccio Romeo v. Town of Winthrop et al., U.S.D.C, Civil Action No.: 1:22-cv-10573-
DJC; MCAD Docket No.: 18BEM02981; EEOC/HUD No.: 16C-2019-00146; MCAD
Docket No.: 15BEM00050; EEOC/HUD No.: 16C-2015-00556; MCAD Docket No.:
14BEM03203; EEOC/HUD No.: 16C-2015-00381; 1984-CV-01566 (hereinafter referred
to as “Civil Actions”).
III. Romeo hereby agrees, acknowledges, permits, and authorizes Winthrop to cause the
following payments:
(a) one check made payable to Ferruccio Romeo in the amount of $310,000;
(b) one check made payable to Ferruccio Romeo in the amount of $35,000; and

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(c) one check made payable to Lichten & Liss-Riordan, P.C. for $85,000.
The Payments described in Paragraph (III)(a), (b) and (c) shall be provided within twenty-one
(21) days after the document has been fully executed by all parties. Forms 1099 or 1099-MISC
will be issued to the recipients.
IV. The Town of Winthrop agrees to appoint Romeo to the position of deputy chief in
accordance with the Employment Agreement between Town of Winthrop, Massachusetts,
and Ferrucio Romeo , which is attached hereto as Exhibit A .
V. Opportunity to Consider and Revoke the Agreement and Release: Romeo acknowledges
that this agreement and release of all claims is knowing and voluntary, including without
limitation a release of claims for age discrimination under the Age Discrimination in
Employment Act, 29 U.S.C. § 621 et seq. and M.G.L. c. 151B. Romeo further
acknowledges that he has been given the opportunity to consider this release for twenty-
one (21) days of the date of its delivery to him. If Romeo signs this release within less
than twenty-one (21) days of the date of its delivery to him, he acknowledges that such
decision was entirely voluntary and that he had the opportunity to consider this release
for the entire twenty-one (21) day period. For a period of seven (7) days following the
date Romeo signs this release (the “Revocation Period”), he has the right to revoke this
release upon written notice delivered, on or before the expiration of the Revocation
Period, to Thomas R. Donohue, Esq., Brody, Hardoon, Perkins & Kesten, LLP, 699
Boylston Street, 12 th Floor, Boston, MA 02116. This Release shall not become effective
or enforceable until the Revocation Period has expired.
VI. Romeo and Winthrop acknowledge that this agreement and release may be offered in
evidence by any party in judicial or other legal proceedings, including to enforce any of

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its provisions against any party and their heirs, executors, administrators, estates,
successors, assigns and other representatives.
VII. This general release and agreement is not to be construed as an admission of liability on
the part of any of the Parties. The Parties expressly deny any liability for any injury,
wrongdoing, discrimination, retaliation, or damages of any kind or nature to any Party.
The withdrawal and dismissal of the claims and lawsuits and execution of this release and
agreement is in the Parties’ mutual interests of avoiding the further expenses and burdens of
litigation.
VIII. Romeo and Winthrop acknowledge that they have had the advice of independent legal
counsel of their choosing and execute this agreement and release as their free act and
deed.
IX. Romeo will promptly file all documents and promptly take any other action necessary or
appropriate to terminate his Civil Actions, including, but not limited to, filing dismissals
of the actions at Suffolk Superior Court and the United States District Court (Mass.) and
any other courts or state or federal agencies, including the MCAD and EEOC. These
filings shall provide for dismissals of the Civil Actions with prejudice and without
interest, costs, or an award of attorneys’ fees.
X. Romeo hereby acknowledges and assumes all risk, chance or hazard that his alleged
injuries or damage may be or become permanent, progressive, greater or more extensive
than is now known, anticipated or expected, or may result in death. No promise or
inducement which is not herein expressed has been made to the Parties and in executing
this release and agreement, the Parties do not rely upon any statement or representation
made by any person, firm, or corporation hereby released, or any agent, physician,

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doctor, attorney, insurer or any other person representing any other Party concerning the
nature, extent, or duration of the alleged damages or losses or the legal liability therefore.
XI. Romeo and Winthrop understand and acknowledge that this agreement and release
contains the entire agreement between the Parties hereto, and the terms of this agreement
and release are contractual and not a mere recital.
XII. In accepting payment, Romeo acknowledges that the payment constitutes a good faith
settlement of all claims, in accordance with M.G.L. Ch. 231B, §4.
XIII. Romeo understands that by signing this release and agreement, he is expressly and
voluntarily releasing all claims he has, may have or could have brought against any other
Party (including but not limited to claims under M.G.L. c. 151B and Title VII, state and
federal constitutions, and statutory and common claims and torts) from the beginning of
the world to the date of execution of this release.
XIV. General Lien and Indemnification Clause: Romeo promises, on his own behalf and on
behalf of his heirs, executors, administrators, estates, successors, assigns, legal
representatives, and other representatives, promptly to indemnify, defend, and hold
harmless the other Parties against any and all causes of action, claims, demands, liability,
actions, rights, damages of any kind or nature, costs, charges, losses, expenses and
attorneys’ fees, of any type or description arising out of any medical bills, disability
payments, child or spousal support, or other liens related to obligations of Romeo.
XV. Romeo and Winthrop further state that they have carefully read the foregoing Release
and know and fully understand the contents thereof, and that they sign and execute this
release and agreement as their free act and deed.
[signatures on following pages]

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For the Plaintiff:
Executed on this ____ day of the month of _________ 2023.
BY:
FERRUCCIO ROMEO
For the Town of Winthrop:
Executed on this ____ day of the month of _________ 2023.
BY:
ANTHONY MARINO, TOWN MANAGER
August 17th

EXHIBIT A

EMPLOYMENT AGREEMENT
BETWEEN
TOWN OF WINTHROP, MASSACHUSETTS
AND
FERRUCIO ROMEO

THIS Agreement, entered into as of the 30" day of June 2023 by and between the Town of
Winthrop, Massachusetts, a municipal corporation (the “Town”), acting through its Town
Manager, and Ferrucio Romeo(“Romeo”), of Saugus, Massachusetts

WITNESSETH:

WHEREAS the Town desires to engage the services of Romeo to hold the position and perform
the duties of Deputy Police Chief; and

WHEREAS Romeo is willing to undertake and perform the duties of said position of Deputy
Police Chief of the Town;

NOW, THEREFORE, for mutual consideration, the parties agree as follows:

1. DUTIES

2. TERM

2.1

2.2

The duties of the Patrol Operations Deputy Chief shall be as follows: be in charge
of all patrol operations relating to shift staffing, deployment, and operational
planning to address hot spots, vehicle accidents, and crime trends; ensure
supervisors are reading, correcting and approving all reports, ensure compliance
throughout the patrol division with all rules and regulations, policy and
procedures, memorandums and orders, town by-laws, and state and federal laws.
Administrative duties also include handling public records requests, logs, and
journal entries and dissemination. Assist in the accreditation processes and
directly assists and act in a confidential capacity to the Chief of Police and
perform all other duties as assigned by the Chief of Police

Romeo’s terms of this agreement shall run from July 1, 2023, until June 30, 2026.

Nothing in this Agreement shall prevent, limit, or otherwise interfere with the
right of Romeo to resign at any time from his position with the Town, subject
only to the provisions set for in Section 13 of this Agreement.

Nace

2.3

If either party doesn’t provide written notice to the other of its intention to
renegotiate and/or not to renew this Agreement within 6 months prior to the end
of its initial term or any extended terms, this Agreement shall automatically be
extended on the then applicable terms and conditions for an additional (1) one
year period, after which point the Agreement wil! expire without further
notification unless the parties otherwise agree in writing. The Agreement shall
remain in full force and effect during any period of negotiation. Either party shall
provide written notification to the other no Jess than 6 months prior to the
expiration of this Agreement, requesting contract negotiations begin.

HOURS OF WORK

3.1

3.2

3.3

The Deputy Police Chief shall devote that amount of time which is reasonably
necessary for him to faithfully perform the duties of Deputy Police Chief under
this Agreement. There is an expectation that the Deputy Chief will work a forty-
hour work week on a schedule approved by his direct supervisor.

The Deputy Police Chief shall be a salaried official of the Town and, as such,
shall be an exempt executive employee for the purposes of the Federal Fair Labor
Standards Act, 20 U.S.C. Section 201, et seq.

It is recognized that the Deputy Police Chief must devote a great deal of time
outside the normal office hours to the business of the Town, and to that end, the
Deputy Police Chief shall be allowed to take compensatory time off at such times
which the Police Chief reasonably determines will not adversely impact Police
Department operations and with the approval for the actual time off by the Police
Chief. All accrued time will also be subject to the preapproval of the Chief of
Police.

SALARY

The Town agrees to pay Romeo for his services rendered at an annual sum in the
amount of One Hundred Thousand Thirty Thousand Dollars ($130,000)
commencing on July 1, 2023. Said salary would be payable in installments at the
same time as other employees of the Town are paid. The Deputy Chief shall
receive longevity pay of seven and a half percent (7.5%) for each fiscal year.
Romeo’s annual salary on July 1, 2024, shall be increased (2% COLA) to One
Hundred Thirty-Two Thousand Six Hundred Dollars ($132,600), and on July 1,
2025, Romeo’s annual salary shall be increased (2% COLA) to One Hundred
Thirty-Five Thousand Three Hundred and Fifty-Two Dollars ($135,252).

VACATION, SICK, AND OTHER LEAVE

5.1

5.2

5.3

5.4

The Town agrees to provide Romeo twenty-five (25) days on the anniversary date
of employment as paid vacation. Time off for vacation is to be taken subject to
the approval of the Police Chief. Vacation must be used during the year and
cannot be carried over from one year to the next. Upon the employee's
resignation, retirement, termination, or death, Romeo or his estate will be paid the
amount of all unused vacation time in full. Romeo shall retain and carry forward
all currently accrued Vacation (not to exceed one week), Compensatory Time,
Sick Time, and other accrued leave in addition to the 25 Vacation Days as stated
into Fiscal 2024 commencing on July 1, 2023. Romeo or his estate shall be paid
all unused Vacation, Compensatory Time at the full rate at the time of his
resignation, retirement, termination, or death.

Romeo will accrue sick days at a rate of one and one quarter (1 % ) days per
month during the term of this Agreement. Romeo shall notify, in writing, the
Police Chief of an absence in excess of three (3) sick days. Romeo shall not be
paid annually for unused sick time or for accrued unused sick days at the time of
resignation or termination. Romeo shall be allowed to buy back up to 200 days of
sick leave at fifty percent (50%) of the Deputy Chiefs’ daily pay rate upon
retirement.

Romeo shall be eligible for other applicable leave benefits that are provided by
Massachusetts or Federal law or by the Town’s Personnel Bylaw.

Romeo shall be granted 3 days per fiscal year for personal reasons. Personal
leave days may not be carried over from one contract year to the next contract
year.

HOLIDAYS

The following dates will be recognized as paid holidays on the day on which they are
observed:

New Year’s Day Labor Day

Martin Luther King Day Columbus Day
Washington’s Birthday Veteran’s Day
Patriot’s Day Thanksgiving Day
Memorial Day Evacuation Day
Bunker Hill Day Christmas Day
Independence Day Juneteenth Day

7. HEALTH INSURANCE AND OTHER BENEFITS

Romeo shall enjoy all retirement, insurance, and other benefits generally available
to full-time, non-union employees of the Town under the same terms and
conditions unless specifically limited or otherwise provided for under the terms of
this Agreement.

The Deputy Chief may also work on private details provided that all such detail
work shall: (i) occur outside the Deputy Chiefs’ regularly scheduled hours of
work, (ii) be available to the Deputy Chief only after being offered to and refused
by all regular full-time officers of the Department; and (iii) after the Deputy Chief
has made arrangements with the entity requesting a detail which allows the
Deputy Chief to leave the detail and attend to Police Emergencies. Detail pay
shall be made to the Deputy Chief by the Town in accordance with the established
procedure and shall not be made directly to the Deputy Chief by the entity
requesting the detail. Detail rate of pay shall be the same rate as a Police
Lieutenant for the Winthrop Police Department.

8. MOTOR VEHICLE

8.1

The Town shall provide Romeo with an unmarked Police Vehicle for Romeo’s
sole and exclusive use and pay for all related operating, fuel, maintenance
expenses, and insurance coverage. Until such time as a vehicle is available, the
Town shall compensate Romeo with monthly mileage reimbursement to perform
his duties and responsibilities as Deputy Police Chief. Mileage reimbursement
shall include training and any other applicable reasonable mileage
reimbursement expenses. If the Town does not provide a vehicle to Romeo by
January 1, 2024, Romeo will be eligible to be reimbursed for mileage to and
from work, not exceeding 20 miles for each day worked.

9. GENERAL EXPENSES

9.1

The Town recognizes that certain expenses of a non-personal and generally job-
affiliated nature are incurred by Romeo, and the Town hereby agrees to reimburse
or to pay said general expenses according to normal Town procedures and if they
have been pre-approved by the Chief of Police or Town Manager.

son

10.

ll.

12.

9.2

The Town shall provide Romeo with an annual uniform cleaning allowance for
police clothing of Eight Hundred Dollars ($800). The Winthrop Police
Department will pay for the cost of all uniform’s expenses.

PROFESSIONAL DEVELOPMENT

10.1

The Town recognizes its obligation to encourage the professional development of
Romeo and agrees that Romeo shall be given an adequate opportunity to develop
his skills and abilities as a Deputy Police Chief. Accordingly, the Town shall
allow and pay for Romeo to attend courses and seminars without loss of vacation
or other leave, subject to the availability of funding and prior written approval of
the Chief of Police and/or the Town Manager.

PERFORMANCE EVALUATION

11.1

11.2

11.3

There shall be an annual performance evaluation of Romeo by the Police Chief, to
be held no later than December 31* of each contract year. Failure of the Police
Chief to evaluate Romeo’s performance shall in no way prejudice any of the
Town’s rights,

The purpose of this evaluation is to:

11.2.1 Review the performance of Romeo;

11.2.2 Determine if any improvements and/or training are required;
11.2.3 Determine any changes needed in the job description; and
11.2.4 Develop mutually agreed upon goals.

The Police Chief shall provide Romeo with a summary written statement of the
findings of the Chief. The Chief shall provide an adequate opportunity for Romeo
to discuss his evaluation and attach any written comments before the review is
made a part of Romeo’s personnel records.

INDEMNIFICATION

12.1

To the extent allowed under M.G.L. c. 258, the Town shall defend, save harmless
and indemnify Romeo against any tort, professional liability claim or demand, or
other legal action, whether groundless or otherwise, arising out of an alleged act
or omission occurring in the performance of Romeo duties as Deputy Police
Chief. The Town shall not be required to indemnify Romeo for any claims
arising out of conduct determined by a court of competent jurisdiction to be
outside the scope of Romeo duties or to be the result of gross negligence or

Samet

13.

14,

willful, criminal, or malicious misconduct. The Town may compromise and settle
any claim or suit for which Romeo is indemnified and pay the amount of any
settlement or judgment rendered thereon. The Town shall obtain the consent of
Romeo to settle any such claim, and Romeo shall not unreasonably withhold such
consent. The Town also shall not indemnify Romeo for any costs associated with
any claims or actions brought under Section 12 of this contract.

TERMINATION, SUSPENSION, AND SEVERANCE PAY

13.1

13.2

13.3

13.4

The Town may terminate or suspend Romeo at any time during the term of this
Agreement for just cause, provided, however, that Romeo shall have been given
written notice setting forth any charges at least ten days prior to such hearing by
the Town Manager. The Town may place Romeo on paid administrative leave
pending such a hearing. In all phases of disciplinary action, the Deputy Chief
shall have the right to be represented by counsel at his own expense.

Within 30 Days, Romeo may appeal any discipline or discharge to the American
Arbitration Association, Boston Regional Office, in accordance with its rules and
regulations. The expense, cost, and fees of such arbitration, including the cost of
the Arbitrator, shall be borne equally by the Town and Romeo, providing,
however, that Romeo shall be responsible for the costs of his own legal counsel.
Romeo may appeal any adverse decision/award of an arbitrator to the Superior
Court of the Commonwealth of Massachusetts or any other Court of competent
jurisdiction, pursuant to M.G.L. Chapter 150C, section 11.

In the event Romeo voluntarily resigns his position with the Town before the
expiration of the aforesaid term of his employment, then Romeo shall give the
Town ninety (90) days’ written notice in advance unless the parties otherwise
agree.

Upon termination, the Town agrees to provide Romeo with a complete copy of his
personnel file if requested.

OTHER TERMS AND CONDITIONS OF EMPLOYMENT

14.1

The Town, in consultation with Romeo, shall fix any other terms and conditions
of employment, as it may determine from time to time, relating to the
performance of Romeo, provided such terms and conditions are not inconsistent
with, or in conflict with, the provisions of this Agreement, the Town by-laws, or
any other law.

15. NO REDUCTION OF BENEFITS

15.1 The Town shall not at any time during the term of this Agreement reduce the
salary of Romeo except that this Agreement may be amended at any time by
mutual consent of the parties.

16. NOTICES

Any and all notices required or permitted to be given under this Agreement will be
sufficient if furnished in writing, sent by registered mail to Romeo’s last known address,
in the case of Romeo, or to the Town’s principal office in Winthrop, Massachusetts, in
the case of the Town.

17. GENERAL PROVISIONS

17.1 The text herein shall constitute the entire Agreement between the parties. If any
provision, or portion thereof, contained in this Agreement is held unconstitutional,
invalid, or unenforceable, the remainder of this Agreement, or portion thereof,
shall be deemed severable, shall not be affected, and shall remain in full force and
effect.

17.2 This Agreement may be amended at any time by mutual written consent of the
parties, except as otherwise provided herein.

17.3 IfRomeo is separated from employment as Deputy Police Chief for any reason,
then in such event, Romeo shall be reinstated to his last civil service rank of
Police Sergeant, together with all the rights, privileges, salary, compensation, and
benefits, to include the Quinn Bill as provided for in the collective bargaining
agreement then in effect covering the Winthrop Sergeants.

IN WITNESS THEREOF, the Town of Winthrop has caused this Agreement to be executed in
its corporate name by its Town Manager, and Ferrucio Romeo has set his hand and seal, as of the
day and year first written above.

Ferrucio Romeo Anthony Marino ,
Deputy Police Chief, Town Manager,
Anthony Marino