City and Moore sign agreement

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City and Moore sign agreement

By
Linda Mowery-denning

The City of Ellsworth and former city administrator Scott Moore will part ways without the possibility of legal action after officials agreed to pay Moore $48,644, per his employment contract.

The lump sum cash payment is equal to six months of Moore’s salary during his final year at City Hall.

“The parties acknowledge that this agreement is entered into as a compromise to avoid the time, trouble and expense of litigating disputed claims, and that the terms and conditions set forth in this agreement should not be construed as an admission of liability by the city or any officer, employee or individual associated with the city,” according to a “Joint and Mutual Settlement Agreement and Full and Complete Release of All Claims.”

The seven-page agreement, dated Dec. 27, is signed by Moore and Ellsworth Mayor Mark Kennedy. It was released to the Ellsworth County Independent-Reporter following acceptance by both parties.

The settlement also gives Moore the iPad he used as a city employee.

Moore was terminated in November by a unanimous vote of the council. The action came after council members learned Moore had authorized color lights on the city water tower near the old Ellsworth County Hospital at a cost of about $21,000. Projects with a price tag of more than $10,000 are supposed to receive council approval.

Moore said the company responsible for the tower’s maintenance had agreed to pay for the lights; however, Ellsworth officials were unable to confirm the promise.

Questions over the tower lights came on the heels of another purchase, this one for a Sterling hydro-excavation truck costing $100,000. Council members had talked about buying a truck, but taken no formal action.

The agreement “releases and forever discharges” the city from “any and all actions, suits, claims, complaints and demands for any and all damages, costs, attorney’s fees, or other losses or expenses which Moore has or may have against City through the date of execution of this agreement.”

The agreement does not interfere with Moore’s rights under federal, state or local employment discrimination laws “to communicate or file a charge with, or participate in an investigation or proceeding conducted by, the Equal Employment Opportunity Commission or similar federal, state or local government body or agency charged with enforceing employment discrimination laws ...

“However, Moore shall not be entitled to any relief or recovery (whether monetary or otherwise), and Moore hereby waives any and all rights to relief or recovery ...”