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SETTLEMENT AGREEMENT AND GENERAL RELEASE

This Settlement Agreement and General Release (hereinafter “Agreement”) is made and enteredinto by and between the City ofSt Helens (the City”) and Anthony Miltich (“Miltich”), all arecollectively referred to herein as the “Panics.” It is made with express reference to the followingfacts:

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A. Miltich has been employed by the City as a police officer since May 28. 2013. has providedcontinuous service since then, and at all times in good-standing.

B. On September 10. 2018, Miltich filed a complajnt with the Oregon Bureau of Labor andIndustries (the WBOLI Complaint”) which was dismissed on November 13, 2018.

C. Miltich has expressed an intent to tetire from the City and the Cie has expressed an interestin memorializing an amicable separation between Miltich and the City. To that end, thePanics also mutually seek to clarify the status of and access to Miltich’s personnel recordsand files.

D. The Panics also wish to avoid further disputes. unnecessary, costly and time-consuminglitigation. and to fully. completely. and finally resolve all difibrences that have arisen or thatmight hereafter arise between them with regard to Miltich’s employment by the City andhave agreed to settle all of their differences upon the terms and for the considerationhereiriafler stated.

ln consideration ofthe mutual promises contained herein, the receipt and sufficiency ofwhich isacknowledged by each ofthe undersigned Parties. the Parties agree as follows:

1. TcrflL!L;ii2IL2i_Employmeig. Miltich will remain . on paid administrative leavecommencing on December 20. 2018 until his employment with the City officially ends onJanuary 1, 2019. (the “Separation Date”). Miltich’s separation will be characterized as aretirement if Miltich submits written notice of intent to retire prior to the Separation Date.Miltich will receive payment of his final paycheck on January 2. 2019, including payout ofaccrued but unused vacation (currently 60 hours) and comp time (currently I I 1 hours). Hisaccrued sick time (currently 480 hours) will also be deposited into his VEBA account, subject tohis retirement in accordance with the plan requirements. Miltich acknowledges that,upon receiptof these amounts he has been fully and properly paid all amounts due him as a result of hisemployment, and is not entitled to receive any additional compensation, severance bonuses.incentive compensation. reimbursements. employee benefits or other consideration from the Cityother than as expressly set forth herein.

2. ContlnuaØppf Miltich’s current group health coverage. for himself and his dependents will continue through January 31. 2019. Pursuant to COBRA.

Miltich and MilticWs qualified beneficiaries (ifany) may elect and pay for continuation coveragein accordance with election materials and other COBRA notices to be sent by the plaWsdesignated administrator.

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3. AdditIonal Consideration. Provided Miltich accepts this Agreement without revocationas provided in Section 12 beiow, he will receive a sevemnce equal to one (1) month of hisregular earnings. at the rate that includes the 2.75% COLA increase that becomes effectiveJanuary 1, 2019. That amount inclusive of base pay. cert pay and physical fitness, totals thegross amount of Eight Thousand Eight Hundred Six and no/I 00 Dollars ($8,806.00), and will besubject to taxes and withholdings. This severance amount shall be paid after this Agreement hasbecome effective as provided In Section 12 beLow.

4. Pendknsirssiaticii. Miltich undentands and acknowledges that at the time that thisAgreement is being entered into there is an active investigation pending into new allegationsabout alleged violations ofDepartniental policies by Miltich as identified in the December 18.201 8 Notice of Administrative investigation that. if substantiated. would result in disciplinaryaction up to and including termination (the “Pending Investigation”). Miltich understands andacknowledges that he has been informed that the investigation will proceed without hisparticipation. and that by failing to participate he is knowingly and voluntarily waiving any andall rights he may have in connection with such investigation or the findings arising therefrom.

5. The City has agreed that the subJolder labeled “DemotionMaterials 2018” which includes an intemal Investigative Report dated April 23, 2018, a NoticeofDiscipline dated May 8, 2018, a Letter ofAppeal dated May 14, 2018. and an entail from City

. Administrator John Wabh upholding the decision on June 15. 2018, wilibe placed in a sealedenvelope within the personnel file marked “strictly confidential’ to ensure it is not viewed byanyone without an absolute need to know, and will not be disclosed to any third party by the City

• cxcept and only to the extent the City determines that such disclosure is mandated by applicable. public records lawS or court order. The City has agreed that the December 1 8, 2018 Notice of

Administrative Investigation issued to him will be placed in the same sealed envelope within thepersonnel file marked “strictly contidcntial” and will not be disclosed to any third party by theCity except and only to the extent the City determines that such disclosure is mandated byapplicable public records law or court order.

6. Letter ofRcference. Contingent upon Miltich’s execution of this Agreement without.revocation as set forth in Section 1 2 below. Police Chief Brian Greenway will provide Miltichwith an executed copy of the Letter of Reference attached hereto as Exhibit A.

7. flcP;r,n9LPrQpgf. Miltich affirms by signing below that he has, or will have by theSeparation Date. returned to the City all property of the City including. for•example. files andrecords (whether on paper or in tape. disk. or other machine-readable form on or before histermination becomes effective. Miltich further affirms and warrants that he has not copied orcaused to be copied. or printed out or caused to be printed out.. any software, documents. data, or’•other materials originating with or belonging to the City, and that he didnot and will not retain

• any such software, documents or other materials after separation. •

The City affirms that Miltich will likewise be provided sufficient opportunity to remove anyand all personal property from the City on or before the Separation Date, and Miltich agrees thathe will do so.

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8. Lontinuing. QbIigatlon of Confidcntiality. By signing below, Miltich aflians hiscontinuing obligation to protect the City’s confidential and/or proprietary information inaccordance vdth all applicable City and Department policies and applicable law, and expttsslyrepresents and warrants that he has not and will not at any time during or after his empIormentwith thc City ends divulge to any person or organization any confidential information orproprietary information belonging to the City and obtained by him or made known to him during

. the course of his employment, without the prior written consent of the City, unless otherwiserequired by subpoena. legal processes, law or unless such information is already in the public

. domain thmugh no fault ot Miltich. In the event that Miltich is, or believes he is, compelled bysubpoena or other court order to disclose confidentiaL Information he agrees to provide writtennotice to the City Administrator prior to responding, so that the City can take any steps It deemsappropriate to prevent or limit such disclosure.

9. fJqndlspanmenj. Miltich agrees that prior to and following his departure fromemployment as provided in this Agreement he will not disparage the City, the City’s Police•Department, or any of its past or preáent officers, generally, in any manner harmful to thçmission or reputation of the City or the Department This includes not making, or causing to bemade. posting or causing to be posted. or otherwise publishing or causing to be published in anyform or manner utilizing any form of media. even if done anonymously, any disparaging, orderogatory statements in any form. on any internet site. board, or blog, including but not limitedto Faceboot Twitter, Linkedln. Instagram, Snapchat or to any media outlet. or any industrygroup.

This section does not prohibit Miltich from providing truthful information in response toa subpoena or other legal process, subject to his obligation to notil the City prior to doing so ifit would involve disclosure ofcontidential information as outlined in Section 7 above.

The City shall provide Mihich with the positive letter of reference reflected in Section 5above. and otherwise provide employmcnt rcfcrenccs or employment verifications if contacted

. . by prospective employers ofMiltich in accordance with its formal policy to provide dates arid. . . positions held only.

10. Mutual Release.

a. Release by &liltieh. Miltich does hereby. for himselfand his heirs, successors, orassigns. in his capacity as an individual and as a member ofany current or future class, foreverrelease City and each oftheir respective past arid present employees. officers. directors, agents,representatives. attomeys insurers. assigns, successors, and predecessors ofCity. and all persons

. acting by. through. under or in concert with any ofthem (collectively. the “Releasees”). from anyand all past or current charges. complaints, claims, liabilities, obligations, promises, agreements,

. controversies. damages, actions, causes of action. suits. rights. demands, costs, losses, debts and. . expenses (including back waget ad attorneys’ fees and costs actually incurred) relating to the

facts alleged in the BOLT complaint, the Pending Investigation. or otherwise arising out oforrelated to Miltich’s employment with the City existing on or before the dite this Agreement

• becomes effective. whether known or unknown, suspected or unsuspected, including, but notlimited to. rights arising out ofalleged violations ofany employment contract, express or implied(including but not limited to any contract ofemployment claims): any “wrongful discharge” and

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“constructive discharge” claims; any legal restrictions on City’s right to terminate Miltich or takeother employmeni actions; or any federal. state or other governmental statute. regulation orordinance; regulations, constitutions or executive orders: any employment contract, collective orindividual (express or implied, oral or written), which did or might have govcned theemployment relationship previously existing between the Parties and under the common law.This release is intended to be as broad as the law pennils and expressly includes claimsarising •...

out ofor related to any written employment contract, common law claims telated to employmentor under ORS Chapter 652, 653, 654, 659. 659A, the Civil Rights Acts of 1964 and 1991 asamended (‘Title WI”), the Americans with Disabilities Act (‘ADA”) th Age Discrimination inEmployment Act (“ADEAl. the Older Workers Benefits Protection Act COWBPA9, the EqualPay Act (hEPA) and any Oregon equivalents. the Rehabilitation Act of 1973. the Fair LaborStandards Act (lISA’). the Employee Retirement Income Security Act rERISA9, theOccupational Safety and Health Act as amended (OSHA’) and it’s Oregon counterpart

•. (‘OROSHA”). the Health Insurance Portability and Accountability Protection Act of 1996

• . . (“HIPAA’). as amended, state and federal medical leave acts. Executive Order 11246. asamended, any and all federal civil rights statutes or ordinances, including Sections 1983 and1981. as well as under any other federal, state, or local statute, regulation or common lawotherwise governing the employment relationship.

This Agreement includes a release ofclaims ofdiscrimination or retaliation on thebasis ofworkers’ compensation status under Oregon law, but does not include workers’compensation claims for injuries sustained during employment, claims to unemploymentcompensation or benefits, claims arising after the execution ofthis Agreement by Milticli, or anyother claims which by law cannot be waived in a private agreement between employer andemployee. It also does not prevent Miltich from filing a new charge with or participating in aninvestigation conducted by the Equal Employment Opportunity Commission (“EEOC”) or anystate or local equivalent based upon facts other than what was already alleged and dismissed inthe BOLl Complaint; however, by executing this Agreement, Miltich has waived any right to anymonetary recovery or other relief should the EEOC or any other agency pursue such a claim onhis behalf.

b. Release by the City. The City likewise waives and releases Miltich from anyand all claims, damages. causes ofaction and rights. whether known or unknown, contingent ornon-contingent, contractual or otherwise arising out ofor related to his employment with theCity and the termination ofthat employment that exist or may have existed as ofthe EffectiveDate. This release does not include (a) any breach by Miltich ofthe obligations set forth in this

• • •Agreement (b) any claims arising out ofthe Pending investigation. or (c) any claims arising

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. from any intentional tort. gross misconduct fraud., embezzlement or theft. Notwithstanding the• foregoing, the City is presently of no facts or threatened claims which would support any of the

reserved claims outlined in (c) above.

11. Miltich represents and warrants that he has not assigned orotherwise transferred or subrogated. or purported to assign, transfer or subrogate, to any personor entity. any claim. right, interest, entitlement or portion thereof. or interest therein he may haveagainst any Releasee, and agrees to indemni&, defend and hold the City harmless from andagainst any and all liability. loss. demands. claims, damages, costs, expenses or attorneys’ fees

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incun’ed by the City as the result of any person or entity asserting any such right, assignmenttransfer or subrogation.

12. ti9nA4wbsiPn_ofJijijØIjy. This Agreement shall not in any way be construed anadmission by any Party that they have acted wrongfi.zlly with respect to any ofthe Parties or anyother person. or that the Panics or any other person has any rights whatsoever against any of theParties. The Parties specifically disclaim any liability or wrongful acts against any other person,on the part oftheinselves, their agents or their employees. past or present

13. Rcyict. and Acepjflq. As to the release of any claims arising under the Age. . .

Discrimination in Employment Act (‘ADEA Miltich acknowledges that the Agreement is. . written in language that Miltich understands. and:

a. By this Agreement. Mihich has been advised that he should consult with and obtainthe advice ofan attorney ofhis choice before signing this Agreement: and

b. Miltich specifically intends to knowingly and voluntarily waive any rights he mayhave under the Age Discrimination in Employment Act (ADEA). and he intends to ieleaseReleasees from any and all claims for damages or other remedies he may have under the ADEA.This release is not to be construed as a waivcr of ADEA claims that may ariac after thc executionofthis Agreement: and

C. The consideration given by the City in exchange for the release ofclaims is inaddition to that which Miltich is already entitled: and

d. By signing below, Mihich acknowledges that he was provided at least twenty-one(21) days to consider this Agreement. To accept this Agreement. Miltieh must deliver anoriginal signed copy to the City’s attorneys no later than the close ofbusiness on the 2l dayafter he has received it. By executing this Agreement on the date specified below. MiLtichwaives the balance ofany consideration period. ifany remains; and

C. Miltich has seven (7) days following execution ofthis Agreement to revoke hisacceptance ofthis Agreement in writing. This Agreement shall become effective on the eighthday after execution by Miltich without revocation as provided herein.

14. Mikich expressly acknowledges that this Agreementis intended to include in its effect, without limitation. all claims which he may not know orsuspect to exist in his favor against the City relating to Miltich’s employment at the City. the•Pending Investigation, the allegations made in the BOLl Complaint at the time of executionhereof, and that this Agreement contemplates the extinguishment ofany such claim or claims.

15. cpSfkLendalt. The Panics acknowledge that pursuant to ORS 17.095 the Ilact andtemis of the settlement reflected herein are not subject to any limitation on confidentiality andthat this document and other infonnation related to the BOLl Complaint may be subject todisclosure pursuant to Oregon Public Records Law, subject to the exemptions set forth thereinincluding, but not limited to. those set forth at ORS 192.410 to 192.505. Notwithstanding thatand except as otherwise required by law. Miltich agrees not to disclose. comment upon, publishor cause to be disclosed or published, in any manner whatsoever, whether in writing or orally, to

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any person directly or indirect1y or by or through any agent or representative or the negotiations •

leading up to the execution of this Agreement.

16. Lcpjys3flmjI9fts. The Parties represent and acknowledge that in executing thisAgreement they do not rely and have not reLied upon any representation or statement not set forthherein made by any ofthe other Parties or by any of the other Parties’ agents. representatives, or . •: . . .

attorneys with regard to the subject matter. basis or effect ofthis Agreement or otherwise. .

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17. GoverningLaw. This Agreenient is macic and entered into in the State of Oregon, andshall in all respects be interpreted. enforced and governed by and under the laws ofthe State ofOregon.

18. S.qtgLp4çAgtccp.cnj. This Agreement sets forth the entire agreement betweenthe Parties hereto. and fully supersedes any and all prior agreements or understandings betweenthe Parties hereto pertaining to the subject matter of this Agreement whether written or verbal.This Agreement may not. be modified. waived, rescinded or amended in any manner. except byin writing executed by all Parties to the Agreement which clearly and specifically modifies,waives, rescinds or amends this Agreement.

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19. Jji4jgJjjç4. This Agreement shall be binding upon all Parties and their respective.heirs. administrators, representatives, executors. successors, and assigns, and shall inure to thebenefit of the other Party and their related entities.

20. S.cycnbllity. The provisions of this Agreement are severable, and if any part of it isfound to be unenforceable. the other paragraphs shall remain fully valid and enforceable. ThisAgreement shall survive the termination ofany arrangements contained herein.

21. Reçpçntaffgn and Un4qftpj4ng. The Parties affirm and acknowledge that theyhave read and fisHy appreciate and understand the words, terms. conditions. and provisions ofthis Agreement, are fully and entirely tisfied with the same and have executed this Agreementvoluntarily and of their own free will and act Each ofthe Parties hereby acknowledges that it/hehas been represented by counsel in connection with the preparation and execution of thisAgreement, and that it/he has thoroughly reviewed this Agreement with its/his counseL TheParties have participated equally in the drafting of this Agreement and the rule of constructionthat a written agreement is construed against the party preparing or drafting that agreement shallspecifically not be applicable to the interpretation ofthis Agreement.

22. &ttorney’sFees. Should any action or proceeding be brought arising out of relatingtoor seeking the interpretation or enforcement of the terms of this Agreement or for the breach ofthis Agreement, the prevailing party to the action shall be entitled to reasonable attorney fees andcosts incurred.

23. pijpjffparts. This Agreement may be executed in several counterparts. each of whichwill be deemed to he an original and all such counterparts ihall constitute one and the samedocument. Any counterpart may be delivered by facsimile. e-mail or similar electronictransmission; is deemed delivered upon successful electronic transmissicn will have the same .

binding legal effect as an original signature on an original document and will be fully admissiblein any enforcement proceedings regarding this Agreement.

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PLEASE REAl) CAREFULLY. TillS AGREEMENT INCLUflES A RELEASE OF ALLKNOWN AM) UNKNOWN CLAIMS.

• : Signed by Anthony Miltich as of the date set Ihrth below:

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Anthony Mihich Date

Accepted by the City of St. Helens:

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/2 -2(& 11Joh3,’cc’a1sh. City Administrator i)ate

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ST. HELENS POLICE DEPARTMENT150 S. 13th Street, St. Helens Oregon 97051 Brian GreenwayOffice (503)397-3333 FAX (503)397-0619 Chief of Police

December 31, 2018

This is an open letter of reference for Anthony Miltich:

Anthony Miltich served as an Officer in the City of St. Helen’s Police Department from May 30,2013 to January 1 , 2019. After coming aboard as a full-time officer, he worked as a year as aDetective before being promoted to Sergeant in 2015.

While I have personally worked with him for less than a year, I can attest that based upon hisperformance feedback during that time, he received high marks for being proactive in the area ofDUI Enforcement. Officer Miltich has led the department in DUI arrest during my tenure aspolice chief for the City of St. Helens.

My predecessor also noted:

. Officer Miltich ‘s inteivction with the public is good He explains his actions well and speaksto individuals in a respect/id manner. Officer Miltich is empathetic, yet takes appropriateenforcement action when requirec Officer Miltich displays good officer safety skills. Heunders,ands the needfor cover officers when confronting high risk individuals. OfficerMiltich is a pleasure to work with. His interpersonal skills are good and his ability towork ii’ith others is appreciated. Officer Miltich has a very positive outlook towards hisduties.

. Officer Miltich has maintained an accuracy rate above 90 percent on his DRE evaluations.These DUll arrests have no undoubtedly made the community safer.

. OffIcer Miltich has done an outstandingjob the past six months working day shfipairol. Heis a setf-rnotivated officer who is very organized in his work. While we have had manyseemingly excessively busy shfis over the pcistfew months, Officer Miltich never balks ataccepting new service calls and assignments. Meanwhile, Officer Miltich keeps afuie ofhiscases in need offollow-up he meticulously works on during down times. With short staffinglevels officers are sometimes called to come in to work during their offduty time to assistwith the call loaà transport ofshfi coverage. Qfficer Millich is known as one ofthe mostdependable officers who will help out whenever asked. Additionally, he has conic in manytimes during (he middle ofthe night to cpnduct detailed DUll investigations as a DrugRecognition Expert.

• Sgt. Miltich is also among the most productive DUll investigators in the county.

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. Officer Miltich does not shy awayfroni complex investigations and, infact, seems to

eJ?/OY the challenge. He demonstrates this by taking on additional responsibilities ofatechnical nature, such as DRE Investigations. Officer Miltich remains SHPD onlyDRE and is called uponfrequentlyfor his expertise. Officer Miltich is also ci SFSTinstructor and is always willing to share his knowledge with other officers. He oftenlakes it upon hin2seifto send out legal ipdates and materials pertaining to DUIinvestigations and case law, which is much appreciated by his co-workers. DuringthL evaluation pei’iod I have seen Officer Miltich investigate numerous DUll cases,

some ofwhich were complex and dfJicult to deal with. Officer Miltich handled thesituations with professionalism and a positive attitude.

In April of 2017, Sergeant Miltich received a letter of commendation from St. HelensPolice Chief Terry Moss for defusing a situation where a distraught female was holding afirearm to her head threating suicide. Sergeant Miltich was able to resolve the eventwithout the use of deadly force.

On behalf of the City and the Department, I thank him for his service to our community and wish

him the best in his future endeavors.

nan GreenwayChief of Police

49698-77079 3282849.2

Anthony Miltich

December 21, 2018

Mr. John WalshCity Administrator, City of St. Helens265 Strand StreetSt. Helens, OR 97051

Dear Mr. Walsh:

This letter is my official notification to you and the City of St. Helens that I will be retiring fromthe St. Helens Police Department, effective January 1, 2019.

It has been my honor to serve the citizens of St Helens and I sincerely wish for the continuedsuccess of the city, the police department and the many fine men and women that serve ourcommunity.

Sincerely,

Anthony Miltich