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SEPARATION AGREEMENT AND RELEASE IN FULL OF CLAIMS in Full of Claims ("Agreement")is madeand Agreementand Release This Separation ("the State"),including the OREGON OF OREGON enteredinto by and betwein the STATE and MARY CLAIRE PSYCHIATRIC SECURITY REVIEW BOARD ("PSRB" orooBoard"), BUCKLEY ("Employee"). R-ECITALS 1. Employeeis employedby PSRB as its ExecutiveDirector'

The partieswish to concludeEmployee'semploymenton mutually satisfactory 2. terms, and to completelyresolveand settlefully and finally all mattersandpotential disputes, concemingin stateand federal,throughthe effectivedateof this agreement, claims and defenses, of any litigation or hearings disputes, without with the State, any way Ernployee'semployment kind. AGREEMENT NOW, THEREFORE, in considerationof their mutual promisesset forth herein and intending to be legatlybound, the parties hereby AGREE as follows: Resignation: Employeeherebytendersher irrevocableresignationfrom l. on this signature employment with PSRB,effectiveas of August 15,2013. Employee's which is and Employee, by be revoked which may not her resignation, Agieement constitutes file shall reflectthat Employeevoluntarily by PSRB. Employee'spersonnel heieby accepted her employment. resigned and was on scheduled StatusThrough June 18,2013: Employee Employeeos 2. vacationleavefrom May 10,2013throughMay 17,2013. From May 20,2013 approved leaveand shallbe paid administrative shallbe on approved, throughJgne 18, 2013,Employee shall be available Employee leave, duty Jadoned at her residence.While on paid administrative ty ptroneto PSRB during regularworking hours. The purposeof Employee'sadministrative and provide leav" is to provide suffrcienttime to enableEmployeeto answerquestions promptly respondto all shall Employee hours, to PSRB. During working transitionalassistance in all cooperate ful1y and employees.Employeeshall inquiries from PSRB boardmembers to her. This Agreementis dutiesandprojectsassigned work-relatecland transition-related to her while duty coltingent on Employeervorkingon PSRBprojectsand work assigned furlough obligation, Employee's to fulfill stationedat home thr|ugh June i8, 20i3. In order day on May 24,2013 andher time is recorded PSRB'sfi.rloughclosure Employee observed accordingly. Employee'sStatusfrom June tgr2013 through August 15,2013: From June 3. leaveand personal business shall useher accrued 19,2OI3tluougheuguit 15,2013,Employee the Stateshall pay of employment, accruedvacationleave. Upon Employee'sseparation

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vacationleavein a lump sum,up to a cap of 250 hoursand Employeefor any remainingaccrued with the State'scustomarypractice. subjecito customarywittrholdings,consistent benefits 4. Health Insurance: Employeeshall receivegroup healthinsurance to contribution employee 30, 2013. Employeeshall pay the customary through September group health premilrmsior suchinsurance.Beginning OctoberI,z}l3,Employee may continue benefitsas providedby COBRA. insurance Employee's Duty to Report New Employment: ln the eventthat Employee 5, new employmentwith a hire dateon or beforeAugust 15,2073,Employeeshall secures immediatell'reporf her new employmentto PSRB. The PSRB Board Chair may electto change day immediatelyprecedingher hire dateby a new Employee'sresignationdateto the business by the PSRBBoqd Chair, .*ptoy"r. In the eventEmployee'sresignationdateis changed the customarycapof 250 hoursand up to leave vacation accrued paid for her Ernployeeshall be with customaryStatepractice consistent benefits Employeeshall receivegroup healthinsurance leaveStateemployment. when Stateemployees Agreed Statementof Resignation: Employeemay preparea written statement 6. of her resignationfor distributionby the PSRBBoard Chair to PSRB employees.If Employee Employeeshall provide it to the PSRBBoard Chair by June electsto preparea written statement, and may, in her 17,Z0l:. fl" PSRB Board Chair shall havethe right to approvethe statement, employees. to PSRB sole discretion,electto distributethe statement for to a request UnemploymentInsuranceBenefits: PSRBshallrespond 7. her resigned Employee that by disclosing information by the EmploymentDeparlment and may provide a copy of the agreement employmentsubjeetto the termsof a separation by the Employment alongwith any other informationrequested agreement separation pSng benefitsby the Employment grant of a appeal otherwise contest or not shall Department. shall not contestor PSRB deniesbenefits, Department. If the EmploymentDepartment challengeEmployee'sappealof suchdecisionand PSRBwill participatein suchappeal requiredby applicable1aws. pro""".1i.tgsand supply informationonly ets to withdraw any claimsnow pending Withdrawal of Claims: Employeeagrees 8. in any administrativeor judicial forum relatedto her employmentwith the State,including but not limited to any claimspendingwith the EEOC or the OregonBureauof Labor and Industries and any torl clai.mnotice filed with the State. of in the settlement doesnot establisha precedent 9. No Precedent: This agreement claim of unfair labor practice,or other disputebetweenthe any currentor future grievance, betweenthem, and it parties,and no party u.ill refer to it in bargainingor other labor discussions processas evidence,including the ULP, or grievance ivilt not be offered in any court proceeding, broughtto enforcethe terms of the exceptin a proceeding arbitrationstepof suchprocess, itself. agreement

SEPARATION AGREEMENT AND RELEASE IN FULL OF CLAIMS PSRB (BUCKIEY) (4336224v 2 of 6 .3)PaEe

to not seekfurther employmentwith No Reemployment: Employeeagrees 10. PSRB, eitherby direct hire or by transferfrom anotheragency(and PSRB will be absolutely privileged to reject any suchapplicationor transfer), from an oral employmentreference Requestfor References: When requesting I 1. to PSRB Board Chair KatherineB. employers to direct all prospective PSRB, Employeeagrees other than the Stateof from sources requests respond to to Lieber or her designee.PSRBagrees Oregonby providing a neutralreferenceconsistingof Employee'stitle, datesof service,and policy. with the State'sreference is consistent that this reference duties,and a statement to any prospective employers refer materials or otherwise list not on application Employeewill so, she if does her and work for as a reference personother than Chair Lieber or her designee PSRB rvill be relievedof its obligationsunderthis paragraph. on behalfof herselfandher heirs, in FuIl of Claims: Employee, Release 12. herebyirrevocablyand unconditionallyreleases, andassigns, representatives executors, not to sue,the Stateand all of its current,former or future agencies and agrees discharges, officers, boardmembers, commissions, (including, r.vithout limitation, PSRB),their deparfonents, heirs, their respective and capacities, in both their official and individual agents,and employees of action, of, from and for any and all claims, causes representatives and assigns, executors, of any naturewhatsoever, costs,and expenses controversies, defenses, liabilities, damages, or unasserted, which sheeverhad or may have had, arisingin any knorvn or unknown,asserted way out of Employee'semploymentwith PSRB,eventhoughnot specifically listed in this paragraph, including, without limitation, claimsunderfederaland statelaw, as they may have beenamendedfrom time to time, including,but not limited to: a. The Stateof Oregonand the United StatesConstitutions; b. Any oral or rvrittencontractor any allegedpromiseof any kind; c, Any principle of commonlaw, including without limitation any tort (suchas,but not intentionalor negligentinfliction of emotional limited to. wrongful discharge, distress,negligenthiring or retention,and defamation); d. The Wageand Hour Laws of Oregon,including any claims for overtimepay; and6594; e, ORS chapters240,243,659 prohibiting discriminationin employmentor deprivationof employees' f. Any statute civil rights,including without limitation claimsunder OregonRevisedStatutes, chapter6591',which prohibits discriminationon the basisof factors suchas age,sex, race,nationalorigin, disability, whistleblowerclaims, and retaliationfor the filing of including Title VII of the Civil claim; and federalstatutes a worker's compensation (42 usc $$ 1981-1988), Acts RightsAct of 1964,thePost-civit war civil Rights protectingagainstdiscriminationon the basisof factors suchas seX;racg,or national origin; the Americanswith DisabilitiesAct; the RehabilitationAct of 1973;the Equal

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pay Act of 1963;the EmployeeRetirementIncome SecurityAct; or ExecutiveOrder


111A6.

or commonlaw principlespermitting the awardof attorneyfees. g. Statutes benefits of claimsdoesnot includeany PERSretirementbenefitsor socialsecr'uity This release claims, or any claims that cannotlawfully be waived. in this Agreementdo Exclusion of Claims Not Yet Arisen: The claimsreleased 13, not include claims that havenot arisenas of the effectivedateof this Agreement. includesany Age Discrimination in Employment Act: The aboverelease 14. claims that Employeemay bring underthe Age Discriminationin EmploymentAct of 1967(29 to the USC g 621 etseq.)('ADEA") or the Older WorkersBenefit ProtectionAct, pursuant Agreement. this A to specificconditionssetforth in Attachment shallmake by law, PSRBBoardmembers Public Statements: Unlessrequired 15. as ExecutiveDirector or her resignation. aboutEmployee'sperformance no public statements As soooas practicableafter the new ExecutiveDirector is hired, the Board chair shall provide a copy of thiJ Agreementto the nervExecutiveDirector, and the new ExecutiveDirector shall be Uounaby this paragraph.Unlessrequiredby law, Employeeshall make no public statements as Board members. aboutpSRB. its Boar8 members,or its Boardmembers'performance Sole and Entire Agreement: This Agreementis the sole andentire agreement 16, any and all written or oral contracts, betweenthe parlies.This Agreementful1y supersedes herein. No betweenthe partiespertainingt9 the subjectsdiscussed or understandings agreements or modification of this Agreementis valid unlessit is in writing and signedby ali the "iurrg. to this Agreement. parties the good faith resolutionof Goo6 Faith Settlement: This Agreementconstitutes 17. may haveagainstthc Stateor PSRB and is not and shall all claims or potentialclaims Ernployee of any wrongful or discriminatoryact or omission as an admission not in urry*uy be conskued againstErnployee. enforced, be interpreted, Choice of Law: This Agreementshall in all respects 18. Agreement parts of this all of The language of Oregon. of the State and govemedunderthe laws for or strictly and not fair meaning, to its as a whole, according be construed shaliin all cases againsteitherparty. Severability: If any provision of this Agreementshall ever be declareddefective, 19. void or voidable,or otheru'isestruck down or invalidated,the invalidation shall affect that parricularprovision only. The remainingprovisionsshall continuein frrll force and effect. this is the complete below acknowledge Complete Agreement: All signatories 20. unsettled. Agreementand that no employmentdisputeremains Separation

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21, in Counterparts and Electronic Signatures: This Agreementmay be executed counterpafis. Signatures transmittedby electronicmeans(suchas by facsimile or emailed.pdf trle) shall be treatedas original signatures for purposes of executingthis Agreemer-rt. that 22. Voluntary Agreement: By signingthis agreementEmployeeacknowledges shehascarefully readand fully understands all provisionsand effectsof this Agreement;that the to consultwith her Stateof Oregonand PSRBhave advisedher in writing, by this paragraph, own personalattorneybefore signingthis Agreement;that shehashad sufficient opportunityto consultwith attorney(s) before signingthis Agreement,and that shehas in fact consultedwith her olvn personalattomey;that sheis voluntarily enteringinto this Agreementfree of coercion or attorneys has and duress;and that neitherthe Stateof Oregon,PSRB,nor any of their agents other or promisesconcerning the termsor effectsof this agreement madeany representations that shefreely and voltrntarily than thoseexpresslyset forth herein. Employeeacknowledges with accepts this agreement full knowledgeandunderstanding of its contentand meaning. IN WITNESS HEREOF, and intendingto be legally boundhereby,the partiesexecute Agreementand Release in Full of All Claims. this Separation &'a-z tz zotb

laire Buckley

KatherineB. Lieber Chair, on behalf of the Stateof Oregon,PsychiatricSecurityReview Board

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AttachmentA Age Discrimination in Employment Act Release L In compliancewith the Age Discriminationin EmploymentAct of 1967Q9 USC $ 621 et seq,)(ADEA), this is notification to Employeeto consultwith legal counselbefore signing this release. Employeeacknowledges that shemay, but is not requiredto, take up to 2l daysto sign this Age Discrimination in Emplo5rment Act Release designated as AttachmentA to this Agreement.

3 . Employeehasseven(7) daysfollowing the dateshesignsthis Attachmentto the Agreement


to revoke her waiver of claimsunderthe ADEA, and this portion of the Agreementwill not becomeeffective until the revocationperiod has expired. For suchrevocationto be effective, u'ritten notice of Employee'sintent to revokemust be sentor deliveredto the offrce of the Labor and EmploymentUnit of the DOJ, atthe address listed below, and the written notice must be receivedby Lisa Umscheid,Labor and EmploymentUnit, by midnight on the seventhcalendarday after Employeesiensthis Attachment. Mailing Address: Lisa Llmscheid OregonDeparhnentof Justice General Division Counsel Labor & EmployrnentSection 1i62 Cout Street NE Salem" Oreson97301-4096 Hand Delivery Address: Lisa Umscheid of Justice OregonDepartment GeneralCounselDivision Labor& Employment Section 4h Floor Robertson Building 1215State StreetNE Salem,Oregon

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4. By signingthis document,Employeewaives any and all claimsunderthe ADEA as of the dateof this signatureand realizesthat neithershenor anyoneon her behalf can suethe State of C)regon, or any of its agencies, employees, of insurersandtheir successors for any claims of discrimination basedon ase,

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