r. ortiz v doh settlement agreement
TRANSCRIPT
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8/10/2019 R. Ortiz v DoH Settlement Agreement
1/8
SETTLEMENT
AGREEMENT AND GENERAL
COMPLETE RELEASE
This
Settlement
Agreement and General
Complete Release is
enterecl into
on
tbjs
Jl5r
day
of
October, 2013,
between
New Mexico
Departnent
of Health
(NMDOH')
and
New
Mexico
Risk
Management
Division
('RMD'),
Releasees,
and
Mr.
Robert Orriz,
Releasor.
The
parties
agree
to th
following
terms
and
conditions
of
settlement:
1,
NMDOH
and
RMD agree to
pay
the
sum
of T}ree Hundred Thousand
Dollars
($300,000,00)
to
Releasor
in
fu11
and final
settlement
of
any
and all
disputed
claims made
against
Releasees
in
his
suit
in
the
First
Judicial
District
Court
of
the
State of New Mexico identified
as
Robert Ortiz v.
New
Mexico Department of Health,
First
Judicial
District
Court No. D-101-CV-
2012-01876.
2.
The sum specified in Paragraph 1
shall be
paid
by NMDOH and RN4D
respectively.
One Hundred
Thousand
Dollars
($100,000.00)
will be atu-ibuted to Releasor's
wages
and will
be
subject to
all
applicable
payroll
taxes and
full withholdings
as
required by law.
Once
all
payroll
taxes
and
i'ull wittrholdirg
as required
by law
are
applied
to the amount
attributed
to Releasor's wages,
the remainder
will be
payable
to Releasot. Two
Hundred
Thousand
Dollars
($200,000.00)
will
be
payable
to Robert
Ortiz and his attomeys,
Siena and
Garrity,
P.C.
NMDOH,
RMD
and
their
counsel
make
no
representations
concerning the
tax
status of
the
lump
sum
settlement.
Any
and all taxes that
may
be assessed
on
receivi-ng
the lump
sum settlement are Releasor's sole
responsibility. To the
extent
that
any federal, state
or
local
taxing authority
determines that
NMDOH
or
RMD
should have
withheld
money for
taxes
on
the
lump
sum
payment,
Releasor
agrees to
indemnify
NMDOH
and
RMD
for
any such federal,
state
or
local
taxes,
penalties,
fines, assessments
and other
tax
liabilities
(plus
costs and
expenses,
including attomey's and/or accountant's
fees)
claimed
by
any
taxing authorities.
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8/10/2019 R. Ortiz v DoH Settlement Agreement
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3.
Releasor agrees
to
provide
NMDOH
with
a
letter
of
voluntary resignation
in
a
form and mamer
acceptable
to NMDOH and RMD.
4,
Releasee
NMDOH agrees
to remove
the Notice of Final
Action
(dated
June
l,
2012)
and
Notice of Contemplated Action
(dated
May
4,2012) from
Releasor's
personnel
frle,
5,
Releasor
agrees
not to reapply for employment now or at any time in the future
with
NMDOH.
Releasor further agrees
not to
attempt
to
transfer
into
any
position
with NMDOH
at
any
time
in the future.
6.
Releasor agrees
to
keep the terms
of this Settlement
Agreement and
General
Complete
Release
confidential
except
to his
tax
advisors and attorneys
for
a
period
of
six
(6)
months.
If
asked about the
case before that
time
expires, Releasor will state
that the
case
"was
resolved to
the mutual
satisfaction
of
the
parties".
Releasee will not release
copies
of
the
Settlement
Agleement and
General Complete
Release if it is requested
by
the media.
7.
Releasor
and Releasees
mutually agree to refrain
from making any disparaging
remarks
or comments
regarding the
other
in
any
setting including, but
not limited to,
print
or
electronic
media,
news services, broadcast
networks,
social
network or
publications.
B.
Releasor
agrees
that
under
the terms
of this Settlement
Agreement
ald
General
cornplete
Release
that
he is
iretigible
for
unemployment
benefits
and
he
agrees
not to
apply fol
unemployment
benefits.
g,
Releasor
does
hereby,
for his heirs, successors
and assigns,
release,
acquit and
forever
disoharge
NMDOH,
its employees,
agents,
principals, officers, directors,
predecessors,
successors,
assigns
and
attomeys,
from
any
and all
claims, actions,
demands,
causes
of actions,
riglrts,
debts,
darnages
or accountings
of
any natue
whatsoever,
which
he ever had
ot
may
now
have,
whether
known
or
unftnown,
and
on
account
of
or in
any
way
arising
out
of
his
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3/8
employment by or
the termination of his
employment
with
NMDOH
including,
but
not limited
to,
any
claims arising
under any
federal, state
or local laws
prohibiting
employmenl
discrimination
of
any
kind
or nature,
including, but not limited to,
any and all claims
arisrng
under the
New Mexico Human Rights Act, the New
Mexico Whistleblower Protection
Act, Title
VII of
the
Civil
Rights
Act of 1964,
the
Civil Rights
Aot
of 1991, the Age Discrimination
in
Employment
Act
as
amended
by the
Older
Workers Benefit Protection
Act,
the Employee
Retirement Income Security Act, the Americans with Disabilities Act, the Family Medical
Leave
Act, the Fair Labor Standards Ac flre
Inspection
of Public Records Act, any claims for
breach
ofan
expressed
or implied
employment
contract,
wrongfirl or
retaliatory termination,
bad
faith,
bad faith
breach
of
contract, retaliatory
discharge
or
termination, retaliation
under
any
statute
including the
New
Mexico
Workers'
Compensation
Acl wrongful
or
abusive ternination,
rvrongful
termination
in
violation of
public
policy,
personal injury, mental pain,
suffering and
auguish, emotional
upset,
impairment
of
economic
opportunities,
unla*drl
interference
with
employment
rights, intentional or
negligent
infliction
of
emotional distress,
fraud,
defamation
and
other
tortious
conduct, and
inciuding any claims
for
back
wages
or fuflre
lvages, back
benefits
or future benefits,
profit
sharing
or
retirement
contributions or
liinge
benefits,
irnpairment
of
eoonomic
opportunities,
money
damages
of
any kind,
punitive damages,
liquidated
damages,
costs, attorneys'
fees ald the Sarbanes-Oxley
Act or
similar
theories
of
recovery
for
constructive discharge.
Releasor
r",aives and abandons
any
claims
he
may
have to
reinstatement
into the
same
or similar
position
which he held at
NMDOH
or
to
any
promotions
or future
employment
with NMDOH.
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4/8
10.
Releasor
agrees
that
he
will
not
frle any
additional
charges,
claims
or
lawsuits
based
on
the events, occurrences,
acts or omissions occurring
on or before the
date
ofthe
signing
of
this Settlement Agreement
and
General Complete
Release.
11. In
entering
into
this Settlement
Agreement
and
General
Complete Release,
Releasor acknowledges
that
he
is
making
a
knowing
and
voluntary
waiver
of
rights
he has
or
may
have
had under the
Age
Discrimination
in
Employment
Act and,/or
the
Older
Workers
Benefit
Protection
Act. Releasor
has
received
this
Settlement
Agreement
and General Complete
Release
and
frnds it to
be
written in a
ma.mer
he can
understand
and
understands
that
the
Settlement Agreement
and
General Complete
Release
specifically waives
his right
for
claims
under the Age
Discrimination
and
Employment
Act
and/or
the
Older
Workers Benefit Protection
Act. Releasor
has
not
been
asked
to release
a right or
claim
that
may arise
after the
date of
the
Settlement
Agreement
and
General
Complete Release
is executed. This
Settlement Agreement
and
General
Complete Release
is
supported by consideration
above
and
beyond the
pay
and
benefits
that Releasor
eamed
at NMDOH
prior
to
entering
this Agreement.
Releasor
was
advised
in writilrg to consult an atto rey
prior
to
executing
this Settlement Agreement
and
General Complete Release
and
he
has
consulted with his
attorneys before deciding
to
enter
into
this
Settlement
Agreement and General Complete Release. Releasor
agrees
that he
was
given
a
reasonable
period
of time
in which to
consider
this Settlement Agreement
and
General
Complete
Release and
that
he
is
salislled
with
the
time
he has
had
to consider it.
12.
Releasor
agrees
and
acknow'ledges
that his
acceptance
of
payments
and
promises
reflected
in
this Settlement Agreement and General Complete Release
is
a full,
final
and binding
compromise
of
matterc involving disputed
issues
and
that
payment
of
the
sum
specified
in
Paragraph I to Releasor shall not
be considered
an
admission by the
Releasees
ofany liability or
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5/8
wrongdoing on the
part
ofReleasees, which
is
expressly denied, and that no
part
or
percentage
of
wrongdoing on the
part
ofany
party
shall
be implied
by
this
payment.
13. This Settlement
Agreement and General Complete Release
contains the entire
agreement between
Releasor and Releasees
with regard
to
the matters set
forth.
There
are no
other understandings
or agreements,
oral or
otherwise,
betw'een the
parties,
except as expressly
set
forth in this Agreemont.
14.
All
parties
agree
to
cooperate
fully
in
giving
effect to the
terms
ofthis
Settlement
Agreement
and
General Complete
Release,
to
execute
any
and all
supporting documents and
take
all
additional
aotion,
neoessary
or appropriate,
to give
full
forco
and
effoot
ofthe
terms
and
intent
of
this settlement
Agreement
and
General complete
Release.
Specifically,
all
parties
agree to
cooperate
in
the
filing
of any
paperwork
needed to secure
dismissal
with
prejudice of
Robert
ortiz
v.
New
Mexico
Department
of
Health,
Fkst
Judioial
District
cout
No.
D-
101-CV-2012-0187
6.
15.
Releasor
warrants,
repfesents
and
agrees
that
he is
not relying
on
the advice of
NMDOH
or RMD
or
anyone associated
with
NMDOH
and RMD as to
tlle
legal
or
other
consequenoes
of
any
kind
axising
out of
this
Settlement
Agreement
and
General
Complete
Release.
Accordingly,
Releasor
releases
and
holds
harmless NMDOH
and
RMD
and any
and
all
counsel
or consuitant
for
NMDOH
and
RMD
from auy
claim,
cause,
action
or other
rights
of any
kind
which
Releasor
may
assert
because
the
legal or
other
consequences
of
the Settlement
Agreement and General
complete
Release
are
otler
than
those anticipated
by Releasor.
16,
Releasor
acknowledges
that
he
is making
a
knowing and
voluntary
waivet'
of
any
and
all
rights
he has
had
or may
have
had
under
the New
Mexico
Human
Rights
Aot,
the
New
Mexico
Whistleblower
Protoction
Act,
Title
VII
of
the
Civil
fughts
Act
of 1964,
the
Civil
Rights
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8/10/2019 R. Ortiz v DoH Settlement Agreement
6/8
Act
of 1991,
the
Civil
Rights
Act of
1866
(42
USC
$$
1981, 1983 and 1985),
the Age
Discrimination and Employment Act
as amended
by
the
Older Workers Benefit Protection Act,
the Employee
Retirement Income Security Act,
the
Americans with Disabilities
Act, the Family
Medical
Leave
Act,
the Fair
Labor
Standards
Act,
the Inspection
of
Public Records
Act,
a claim
for breach
of an
exprcssed or
implied
employment confiaot,
bad
faith,
bad faith breach of
contract, retaliatory discharge or termination, retaliation under any statute including the New
Mexico
Workers'
Compensation
Act, wrongful or abusive termination, wrongful termination
violation
of
public
policy,
personal
injury, mental
pain,
suffering and anguish, emotional upset,
impairment
of
economic
opporlunities,
unlawful
interference
with
employment
rights,
intentional
or
negligent
infliction
of
emotional distess, fraud,
defamation and
other
tortious
conduct, and
including
any claims
for
back
\vages or future wages,
profit
sharing
or retirement
contributions
or fringe
benefits,
money
damages
of any kind,
punitive
damages, costs, liquidated
damages
or
attorneys'
fees. Releasor
waives
and abandons any
claims
he
may have to
reinstatement
into
the
same or similar
position
uihich
he held at NMDOH
or to any
promotions
or
future employment
with
NMDOH.
17. In
entering
into
this
Settlement
Agreement
and
General
Complete
Release,
Releasor
certifies that
he is
fully
competent
to
enter into this Settlement
Agreement and
General
Complete
Release.
Releasor
fluther
represents
that he
has completely read
all
of the
terms
of
this
Settlement
Agreement
and
General
Complete
Release
and
that
these terms
are fully
understood
and
voluntarily
acaepted.
18,
By
signing
this Seulement
Agreement
and General
Complete
Release,
Releasor
certifies
that
he has
had the opportunity
to
seek counsel,
he
has been
represented by
counsel,
and
he is aware
ofhis
rights.
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19.
This
Settlement Agreement and
General Complete Release
shall be construed
and
interpreted in
accordance
with
the laws
of the
State
of New
Mexico.
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8/10/2019 R. Ortiz v DoH Settlement Agreement
8/8
ROBERT
ORTIZ,
Releasor
SUBSCRIBED
AND
SWORN
to
before
."
U*,fl
f,day
of
October,
2013
by
Robert
Ortiz.
Mv Commission
Expires:
b-l/"-eo
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