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This Settlement Agreement and General Complete Release is enterecl into on tbjs
day of October, 2013, between New Mexico Departnent of Health
(NMDOH')
Jl5r
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-CV2012-01876.
2.
in
Paragraph
will
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
Thousand Dollars ($200,000.00)
will be payable to
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.
3.
4,
Releasee
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
the
7.
Releasor and Releasees mutually agree to refrain from making any disparaging
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
riglrts, debts, darnages or accountings of any natue whatsoever, which he ever had ot may now
his
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
1964, the
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
Acl
rvrongful termination in violation of public policy, personal injury, mental pain, suffering and
auguish, emotional upset, impairment
benefits
irnpairment
of
sharing
or
retirement contributions
or liinge
benefits,
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.
10.
based on the events, occurrences, acts or omissions occurring on or before the date
ofthe signing
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
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
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
Paragraph
I to Releasor
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
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
Robert
in the filing of
to
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
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,
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
of
impairment
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.
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,
Releasor
certifies that he has had the opportunity to seek counsel, he has been represented by counsel, and
he is aware
ofhis rights.
19.
This Settlement Agreement and General Complete Release shall be construed and
Mv Commission Expires:
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