GRIEVANCE NO. SN09272012SCC
Washington Federation of State Employees and
Sammie Neely, Grievant,
and
Department of Social and Health Sel'Vices, State of Washington

SETTLEMENT AGREEMENT
The parties in this case, Washington Federation of State Employees (WFSE), Sammie
Neely, Grievant, and State of Washington, Department of Social and Health Services, Employer,
by and through the undersigned, desiring to fully and finally resolve and settle Grievance No.
SN09272012SCC, and all other claims related to Sammie Neely's employment with Department
of Social and Health Services enter into this agreement under the following telms and conditions:

A.

UNION and EMPLOYEE AGREE:

1.
Grievance No.SN09272012SCC concerning Sammie Neely's dismissal is hereby
withdrawn, and the right to pursue said grievance to arbitration as would otherwise be allowed
under the collective bargaining agreement between the parties is hereby pelmanently
relinquished. WFSE and Sammie Neely agree that failure to abide by this provision of this
Agreement will allow DSHS to submit a copy of this agreement as an absolute defense to the
pUrsuit of such a grievance via arbitration 01' any other means, and entitle DSHS to recover from
WFSE any and all costs incul1'ed by DSHS as a result ofthis action, subsequent to the date of
final signature of this Agreement.
2.
WFSE agrees that in the event it seeks to pursue its demand for arbitration, WFSE
will pay one hundred percent (100%) of any arbitrator's fees incurred.
3.
Sammie Neely agrees to resign his position with DSHS as a Residential
Rehabilitation Counselor 2 effective September 20,2012 and shall execute a non-revocable
resignation contemporaneous with his signature to this Agreement which shall slate: "1 hereby
resign my position as' a Residential Rehabilitation Counselor 2 with DSHS effective at the end of
my shift on September 20,2012."
4.
WFSE and DSHS, his heirs, assigns or other successors in interest, agree to
release the State of Washington, DSHS and its officers, employees and contractors from any and
all claims and/or causes of action based upon actions taken in their official andlor individual
capacity that arise out of 01' relate to the circumstances underlying and resulting from Grievance
No. SN09272012SCC and. the demand [01' arbitration of said grievance. This includes, bnt is not
limited to any and all gl'ievances, nnfair labor practice complaints, claims arising under the
Washington State Law Against Discrimination (WSLAD), The Americans with Disabilities Act
(ADA), the Family Medical Leave Act (FMLA), and the Fail' Labor Standards Act (FLSA),
lawsuits, civil or othClwise, and all other statutory, common law and tort claims.
5.
WFSE and DSHS, his heirs, assigns or other successors in interest, agree to
release the State o[Washington, DSHS and its officers, employees and contractors from any and
Settlement Agreement
Sammie Neely v. Department of Social and Health Services
Grievance No. SN09272012SCC
Page I of3

all claims, causes of action, suits, civil or otherwise, known or unknown, based upon actions
taken in their official and/or individual capacity that arise ont of or relate to the Sannnie Neely's
employment with DSHS. This includes, but is not limited to any and all grievances, unfair labor
practice complaints, claims arising under the Washington State Law Against Discrimination
(WSLAD), The Americans with Disabilities Act (ADA), the Family Medical Leave Act
(FMLA), and the Fail' Labor Standards Act (FLSA), lawsuits, civil or otherwise, and all other
statutory, common law and tort claims.

6.

Sammie Neely agrees that he will neither seek nor accept future employment with

DSHS.
7.
Sammie Neely agrees to direct all inquiries from prospective employers to the
Human Resources Manager for sec, who will respond only with dates of employment,job
classification, and rate of pay.

B.

DSHS AGREES:
1.

To accept Sammie Nccly's resignation effective September 20,2012.

2.
To remove the disciplinary letter dated September 20,2012 and all attachments
thereto including the investigative repOl't, from Sammie Neely's personnel file and all other files,
except the administrative legal defense file.
3.
DSHS agrees to provide Sammie Neely with a neutral reference containing dates
of employment and positions held while employed with DSHS.

C.

THE PARTIES FURTHER AGREE:

I.
This Agreement constitutes full and final settlement of all legal and equitable
claims or potential claims that WFSE and Sammie Neely have or may have had against the State
of Washington, DSHS, its officers, agents and employees, including the issues grieved under
Grievance No. SN09272012SCC.
2.
This Agrecment and the parties' mutual obligations under this Agreement do not
constitute an admission by any patty as to the validity of any claims or defenses of any other
party.
Sammie Neely and WFSE acknowledge .that they have read this Agreement and
3.
fully understand the terms and conditions contained herein. Sammie Neely and WFSE fUlther
declare that they have had a full and fair opportunity to obtain any advice that they deem
necessary prior to signing this Agreement.
4.
This Agreement may be released with or without authorization if required by
lawful subpoena, by the rules of civil discovery, by judicial order, by applicable laws governing
union requests for information or disclosure of public documents, or as necessary during the
course of litigation.
5.

This Agreement is not precedent setting and does not establish a practice.

6.
This Agreementshall become effective on the date of the final signature of the
parties and their authorized representatives and constitutes the full and entire agreement of the
parties and resolution of all disputes that may exist between the parties, except as specifically
Settlement Agreement
Sammie Neely v. Department of Social and Health Services
Grievance No. SN09272012SCC
Page 2 of3

noted within this Agreement. There are no written or oral representations, understandings,
promises, 01' agreements directly 01' indirectly related to this Agreement that are not incorporated
herein in full.
7.
If any part of this Agreement is unenforceable for any reason, the remainder of
the Agreement shall remain in full force and effect.
By signing this Agreement I acknowledge that I have read this Agreement, have had an
opportunity to seek legal or other advice, and understand the terms of this Agreement.

Signed:

Signed:
Don Gauntz,
SCC,DSHS

Date:

1/ r/ 7/
7

Sammie Neely

/4

Date:

~~

signek
Steve Chenoweth
Council Representative
WFSE
Date:

Settlement Agreement

Sflmmie Neely v. Department of Social find Health Services
. Grievance No. SN092720 12SCC
Page 3 of3

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