12. Plaintiff agrees and understands that the City will not be obligated to comply with its
obligations under this Settlement Agreement until plaintiff or her attorney submit to the attorneys
for the City in this action until plaintiff meets all of the conditions set forth in paragraph 9 of this
Settlement Agreement. Specifically, plaintiff agrees and understands that the City will not be
obligated to comply with its obligations under this Settlement Agreement until plaintiff tenders to
defendant’s counsel of record copies of orders dismissing all complaints pending before any judicial
or administrative body, including, but not limited to, case number 01 C 7770 and any charge pending
before the IDHR or any complaint pending before the I{linois Human Rights Commission. Plaintiff
must also submit a copy of a letter signed by her and her attorney to the Equal Employment
Opportunity Commission stating that plaintiff has settled all matters in dispute with the City,
including the matters that were the subject of EEOC Charge No. 210A10409 and this action and that
she withdraws any charges currently pending and asks that the EEOC take no further action on her
behalf.

13. Plaintiff has had an opportunity to review this Settlement Agreement and General
Release with her attorney of record. Plaintiff agrees to the terms and conditions set forth in this
Settlement Agreement and General Release.

14. This Settlement Agreement contains the entire agreement of the parties.


Plaintiff agrees to indemnify and hold the City harmless from and against any liability for such taxes.

9. In further consideration of this settlement, plaintiff agrees to obtain orders dismissing
with prejudice all actions, lawsuits, grievances, or complaints in any forum, court or agency related
to her employment with the City, including but not limited to EEOC Charge No. 210A10409,
plaintiff's IDHR charge or any complaints pending before the Illinois Human Rights Commission
and federal complaint No. 01 C 7770. Plaintiff also agrees to waive all rights to appeal. In lieu of
an order dismissing plaintiff's EEOC charge, defendant will accept a letter signed by plaintiff and
her attorney addressed to the EEOC advising that agency that plaintiff's claims have been settled and
requesting that the EEOC take no further action on behalf of plaintiff.

10. —_ Plaintiff, individually and on behalf of all attorneys she may have retained in
connection with this action or the events at issue in this action, represents that no attorney other than
Emest T. Rossiello & Associates, P.C. has any claims for fees, costs or expenses with regard to the
events giving rise to any of the matters referenced herein. To the extent any such claims exist,
plaintiff agrees to incur any and all attomeys’ fees and costs, and to indemnify and hold the City
harmless for any such claims made against the City.

11. The parties to this agreement each shall bear their own attorneys’ fees, costs and

expenses. bol |p dees i| bys



15. The effective date of this Settlement Agreement shall be the date of the latest
signature below.

MARA S. GEORGES
Corporation Counsel of the City of Chicago

By:

STAN B. STEC

Assistant Corporation Counsel
GREGORY LACEY

Special Attorney

30 N. LaSalle Street, Suite 1020
Chicago, Illinois 60602
312/744-5002

312/742-3849

Dated:

By:
- lio
Lara A. Wali
Attomey for Plaintiff
Emest T. Rossiello & Associates, P.C.
134N., LaSalle, Suite 2008
Chicago, Illinois 60606
312/346-8920

Dated: en 1 thi toa3

By»
PAMELA D. BRAY

Dated:


IN THE UNITED STATES DISTRICT COURT F [IL ED
FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION
JAN 16 2003
PAMELA BRAY, )
) JUDGE JAMES F. HOLDERMAN
Plaintiff, ) UNITED STATES DISTRICT COURT,
)
ve ) No. 01 C7770
) .
) Judge Holderman DOCKETED
CITY OF CHICAGO, a municipal ) JAN 17 2003
corporation )
)
Defendant. )

ETTLEMENT AGREEMENT AND GENERAL RELEASE

Pamela D. Bray (“plaintiff”), by her attorney, Ernest T. Rossiello & Associates, P.C., and the
City of Chicago (“City”), by its attorney, Mara S. Georges, Corporation Counsel of the City of
Chicago, stipulate and agree as follows:

L On or about October 30, 2000, plaintiff, a former-probationary police officer for City
of Chicago’s Police Department, filed a charge of discrimination with the Equal Employment
Opportunity Commission (“EEOC”) which was cross-filed with the Illinois Department of Human
Rights (“IDHR”), alleging that she was discriminated against because of her sex in violation of the
Title VU of the Civil Rights Act of 1964. The charge Teceived EEOC No, 210A 10409. The EEOC
issued a Right to Sue letter with respect to the charge.

2. On or about October 9, 2001, plaintiff filed the above-captioned complaint in the
United States District Court for the Northern District of Illinois against the City alleging that she was
discriminated against on the basis of her sex and then retaliated against in violation of Title VII of

the Civil Rights Act of 1964.

71


PAGE 98

81/11/2883 17:25 3123465388

fd

By:

TAN B. STEC

Assistant Corporation Counsel
GREGORY LACEY

Special Attorney

30N. LaSalle Street, Suite 1020
Chicago, Hinois 60602
312/744-5002

Attomey for Plaintiff

Emest T, Rossicllo & Associates, P.C.
134N. LaSalle, Suite 2008

Chicago, Minois 60606

By:



3. This Settlement Agreement constitutes the good faith settlement of all disputed
claims, and the City specifically disclaims any liability to or unlawful conduct against plaintiff on
the part of itself or its representatives, attorneys, officers, agents, and employees. The City has
entered into this Settlement Agreement with plaintiff for the sole purpose of avoiding the burden,
expenses, delay and uncertainties of litigation. The City and plaintiff desire to settle all of plaintiff's
claims arising either directly or indirectly out of plaintiffs employment with the City and any claims
of any kind whatsoever regarding that employment through the effective date of this Settlement
Agreement,

4. The settlement of these claims is not and shall not be construed as an admission of
liability or wrongdoing on the part of the City, or of any of its officers, agents, representatives,
attorneys or employees. Plaintiff and the City agree that the settlement of these claims shall have
no precedential value of any type whatsoever, shall apply only to the matters referred to herein, and
neither this settlement, nor any of the terms thereof, shall be offered or received as evidence in any
court or administrative action or proceeding as an indication of wrongdoing by the City or as proof
of the City’s legal position. Nothing herein shall prohibit the use of this Settlement Agreement as
necessary to obtain enforcement of its terms.

5, In exchange for and in consideration of the settlem nt provided for herein plaintiff
hereby releases, waives and forever discharges the City, and its officers, agents, attorneys,
representatives and employees, from any and all claims, grievances and causes of action, in law,
equity or in any other forum whatsoever, which plaintiff now has or ever had against the City, its
officers, agents, attorneys, representatives or employees, whether known or unknown, suspected or
unsuspected at the present time, or which plaintiff's heirs, executors or administrators hereafter can,

shall or may have, directly or indirectly arising out of or relating to plaintiff's employment with the



City through the effective date of this Settlement Agreement.

6. Plaintiff acknowledges that, with the assistance of counsel, she has read and
understands the provisions contained in this Settlement Agreement and is satisfied with its terms and
substance. Further, plaintiff understands and agrees that this Settlement Agreement is a final and
total settlement of all claims, arising either directly or indirectly out of her employment with the City
and all actions relating to her employment, including, but not limited to, claims for attorneys' fees,
expenses and costs which plaintiff and/or her attomey may have incurred in connection with
plaintiff's charges before the EEOC and IDHR, any charges or complaints before other
administrative agencies, any litigation in state or federal court, and any internal investigations
conducted by the City. Plaintiff acknowledges that such finality is applicable to the City, and all of
its officers, agents, representatives and employees, in their individual and official capacities.
Plaintiff further states that she voluntarily enters into this Settlement Agreement and that none of the
City's agents, attorneys, employees or representatives made any representations conceming the terms
or effects of this Settlement Agreement, other than those terms contained herein.

7. In exchange for and in consideration of the promises of plaintiff contained in this
Settlement Agreement, the City agrees to pay plaintiff a lump sum of Nintey-Two Thousand Dollars
($92,000.00). The lump sum settlement amount of $92,000.00 shall be paid by, the, City by check,
or draft made payable to Pamela D. Bray and Ernest T. Rossiello & Associates, P.C.

8. Plaintiff agrees to assume complete responsibility for, and to pay in full when due,
all taxes (including claims, demands, liens, assessments, deficiencies, interest penalties, judgments,
costs, expenses, withholding amounts and deposits with respect thereto, and other governmental
charges connected therewith), which are or may become due and payable in connection with the

payment of the consideration provided herein in paragraph 7, whether imposed upon her or the City.