Professional Documents
Culture Documents
This Agreement to Resign and General Release (hereinafter "Agreement and Release") is
made and entered into by and between TIMOTHY LEE and the Federal Housing Finance
Agency' s Office oflnspector General (hereinafter "OIG"), by which he is currently employed.
WHEREAS, the OIG has determined that it is in the organization' s best interest to accept
a voluntary resignation from TIMOTHY LEE, and this decision was reached after consideration
of the consequences for the OIG, TIMOTHY LEE and the Federal government;
NOW, THEREFORE, in order to resolve fully any potential conflicts between the
OIG and TIMOTHY LEE, and avoid future litigation, misunderstandings and conflict, and in
consideration of the above premises and mutual promises herein contained, the parties agree as
follows:
First: This Agreement and Release shall not be used or construed as an admission by
TIMOTHY LEE that he engaged in any misconduct, or that he admits that any allegations
against him were true. Further, this Agreement and Release shall not in any way be used or
construed as an admission by the OIG of any impermissible conduct whatsoever, and specifically
as to the investigation related to TIMOTHY LEE, or any other person, and the OIG specifically
disclaims any improper motive against TIMOTHY LEE, or any other person, on the part of
itself, or its current or former officials, employees or agents.
1. TIMOTHY LEE agrees to voluntarily resign from the OIG for personal reasons, with an
effective date of February 6, 2013 (close of business). TIMOTHY LEE understands that
if he attempts to revoke this resignation, the OIG will terminate his employment no later
than February 6, 2013 to effect this Agreement and Release. A copy of the written
resignation is attached to this Agreement and Release.
2. TIMOTHY LEE will be placed into a paid administrative leave status starting on January
4, 2013 , and concluding on February 6, 2013.
3. TIMOTHY LEE agrees that 12 C.F.R. Part 911 and OIG Policy 2011 -01 , Congressional
and Public Affairs Guidance, represent continuing duties, and he will not publicly release
or otherwise disseminate any further or additional non-public official information
following his resignation from the OIG, including but not limited to any matter related to
the OIG's investigation of him. He understands that any and all OIG promises made
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herein are conditional upon his not publicly releasing or otherwise disseminating any
such further or additional information. He understands further that should he publicly
release or disseminate any non-public official information going forward, any and all
OIG promises made herein are rendered moot, and the OIG is released from any
obligations of silence or confidentiality to which it might otherwise be subject, to the
fullest extent permitted by law.
4. TIMOTHY LEE agrees he will not appeal his resignation, or any claims arising out of or
related to the OIG' s investigation, to any Federal agency, forum or court. TIMOTHY
LEE voluntarily waives his right to appeal his resignation, or any claims arising out of or
related to the OIG' s investigation, to any Federal agency, forum or court. He agrees and
understands that he will waive and not seek any monetary claim or compensation based
on this resignation of employment, and that his resignation is consideration for this
Agreement and Release.
5. TIMOTHY LEE agrees to forever release and waive his right to file any complaint,
claim, lawsuit, grievance, or appeal against the OIG, its officials, employees, former
officials or former employees, or their successors and assignees, including any and all
claims against OIG officials, employees or agents, or former officials, employees or
agents, in both individual and official capacities, in any state or Federal court, or before
any administrative body, tribunal, board, or commission, regarding any matter that is in
any way related to his employment by the OIG, except as a result of exposure to toxic,
carcinogenic, or other harmful or hazardous substances not presently known.
6. TIMOTHY LEE agrees that this is his own decision, made freely and voluntarily, without
coercion, duress, or undue influence.
1. Prepare an SF-50 and SF-52 showing that TIMOTHY LEE resigned from the OIG for
personal reasons effective February 6, 2013 , and only for personal reasons.
2. Within 30 days after the execution of this Agreement and Release, the OIG will destroy
any documents related to the investigation of TIMOTHY LEE, except that the work
papers may be retained by the Office oflnvestigations (OI) in accordance with its
standard document retention policy. Upon doing so, the OIG' s representatives will advise
TIMOTHY LEE in writing that the foregoing actions have been completed. All
documents and records will be retained by OI in strict confidence within the Office of
Inspector General. These documents will not be disclosed to third parties without prior
notice to TIMOTHY LEE.
3. The OIG, through the Branch Manager, Processing Pay and Leave Branch, Bureau of
Public Debt, will provide a neutral reference regarding the Complainant' s employment,
and will confirm the information as set forth at 5 CFR 203 .311 without any reference to
information or documents garnered during the OIG' s investigation of TIMOTHY LEE.
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He will direct any prospective employer' s questions to the Branch Manager identified
above.
4. Notwithstanding the above subsection 3, no official, employee or agent of the OIG will
ever be required to provide inaccurate or misleading information when answering any
questions particular to TIMOTHY LEE. When possible, the OIG will first attempt to
refer such questions to the person identified above at the Bureau of Public Debt, or limit
its responses concerning TIMOTHY LEE' s employment with the OIG to providing the
dates of TIMOTHY LEE' s service with the OIG, and his position. If TIMOTHY LEE
provides the names of any individual OIG officials, employees or agents as references, he
understands that they will truthfully answer any questions posed directly to them. In
addition, the OIG is not responsible for comments made by OIG officials, employees or
agents not familiar with the restrictions of this Agreement and Release.
6. No other payment for pay, salary, leave, benefits, damages, or compensation is agreed to
or promised. Each party is responsible for their own attorney fees.
Fourth: Waivers and Releases. The OIG is concerned that its actions might be incorrectly
interpreted as imposing a constructive adverse action or an improper personnel action, which
could be erroneously appealed to the Merit Systems Protection Board (MSPB) or to the Equal
Employment Opportunity Commission (EEOC). TIMOTHY LEE hereby represents that this
Agreement and Release is a truly voluntary decision and he has had sufficient time to consider
his options.
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2. General Release: TIMOTHY LEE agrees to forever release and waive his right to file any
complaint, claim, lawsuit, grievance, or appeal against the Federal Housing Finance
Agency ("FHFA"), the OIG, its current or former officials, employees or agents, or their
successors and assignees, including any and all claims against FHFA, OIG, its current or
former officials, employees or agents, in both individual and official capacities, in any
state or Federal court, or before any administrative body, tribunal, board, or commission,
regarding any matter that was or could have been raised in connection with any
employment actions occurring before execution of this Agreement and Release, except as
a result of exposure to toxic, carcinogenic, or other harmful or hazardous substances not
presently known. TIMOTHY LEE specifically retains the right to demand and claim
compensation for any claims unknown at the time of this agreement related to workman' s
compensation, retirement, or improper calculations of overtime, leave, pay, salary or
other similar benefits.
Fifth: This Agreement and Release sets forth the entire agreement between the parties,
and fully supersedes any and all prior agreements or understandings between the parties
pertaining to this subject matter. There are no oral promises or representations made to
TIMOTHY LEE in resolution of this matter.
Sixth: There shall be two signed original copies of this Agreement and Release, one of
which shall be provided to TIMOTHY LEE after it has been fully executed. The other shall be
retained by the OIG' s Office of Counsel.
Seventh: Each party, by signing below, certifies that they have willingly entered into this
Agreement and Release, fully understanding the rights and responsibilities it imposes on them,
and free of any coercion, duress or undue influence. TIMOTHY LEE acknowledge that he fully
understands and agrees to the terms of this Agreement and Release and he enter · , to this
Agreement and Release freely and voluntarily.
Director,
Office of Policy Oversight, and
Review
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TO WHOM IT MAY CONCERN:
For personal reasons I have decided to resign my employment with the Federal Housing Finance
Agency's Office oflnspector General (FHFA-OIG), to be effective February 6, 2013 .
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Date