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HomeMy WebLinkAbout2026-130A TRUE COPY CERTIFICATION ON LAST PAGE t4YAN L. BUTLER, CLERK SETTLEMENT AGREEMENT AND GENERAL RELEASE THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE (hereafter, the "Agreement") is made and entered into by and between Indian River County Board of County Commissioners (hereafter, the "COUNTY") and Adnan Javed (hereafter, "JAVED"). WHEREAS, JAVED was formerly employed as Public Works Director of the COUNTY from September 3, 2024 until he resigned effective November 14, 2025; WHEREAS, JAVED dual -filed a Charge of Discrimination with the Florida Commission on Human Relations ("FCHR") and the Equal Employment Opportunity Commission ("EEOC") on or about November 3, 2025 and later amended on December 1, 2025 and accusing the COUNTY of national origin, race and pay discrimination, hostile work environment harassment, retaliation (inclusive of whistleblower) and constructive discharge in violation of Title VII of the Civil Rights Act of 1964, the Florida Civil Rights Act, the Equal Pay Act of 1963, Florida Statute Section §448.07 (Florida wage discrimination law) and Florida's Whistleblower Acts; WHEREAS, the FCHR investigated JAVED's allegations and issued a no cause determination dated April 30, 2026 and within 180 days of JAVED's filing of his initial Charge; WHEREAS, JAVED filed a Petition for Relief to challenge the FCHR's no cause determination which was forwarded to the State of Florida Division of Administrative Hearings for assignment to Administrative Law Judge Hetal Desai; WHEREAS, the COUNTY and JAVED wish to forgo the uncertainties and continued costs and expenses associated with ongoing litigation between them; THEREFORE, in consideration for the mutual covenants and promises set forth below and other good and valuable consideration, the parties expressly, knowingly and voluntarily agree as follows: 1. The COUNTY agrees to provide JAVED with a letter signed by COUNTY Administrator John Titkanich, Jr. on appropriate COUNTY -letterhead stating as follows: "Adnan 'Addle' Javed was employed with the Indian River County Board of County Commissioners as its Public Works Director from September 3, 2024 until he resigned in good standing effective November 14, 2025. Mr. Javed received three wage increases during his tenure with an annual rate of pay at his departure of $184,548. We wish Mr. Javed all the best in his future endeavors." 2. The COUNTY agrees to provide JAVED with a second letter signed by COUNTY Administrator John Titkanich, Jr. on appropriate COUNTY -letterhead stating as follows: "Adnan `Addie' Javed was employed with Indian River County Board of County Commissioners as its Public Works Director from September 3, 2024 until November 14, 2025. Throughout Mr. Javed's tenure with Indian River County, the County never made Mr. Javed the subject of any formal investigation. In addition, the County never sustained any official findings of misconduct against Mr. Javed." FP 64861651.1 A TRUE COPY CERTIFICATION ON LAST PAGE [RYAN L. BUTLER, CLERK 3. JAVED understands and acknowledges that he is not otherwise entitled to the letters set forth in paragraphs 1 and 2 above and that the COUNTY's letters constitute proper legal consideration for the agreements made by JAVED and set forth further within this Agreement. 4. The parties agree that JAVED was never under any formal investigation throughout his employment with the COUNTY and that the COUNTY has never made any findings whatsoever against JAVED due to any alleged wrongdoing attributed to him. 5. JAVED understands and agrees that the COUNTY shall make no settlement payments to JAVED, or on behalf of JAVED, and that JAVED is not otherwise entitled to any payments from the COUNTY. 6. By entering into this Agreement, the COUNTY admits no liability — and expressly denies any liability — of any kind in connection with the aforementioned matters arising from JAVED's employment with the COUNTY. Furthermore, neither this settlement nor this Agreement shall be construed as an admission or adjudication of any violation of local, state and/or federal law by the COUNTY or as an admission of any wrongdoing of any kind by the COUNTY. 7. The parties shall be solely responsible for their respective attorneys' fees and costs incurred by them as a result of the above -referenced dispute. 8. JAVED agrees that by virtue of this Agreement, he is voluntarily dismissing with prejudice all pending Charges of Discrimination filed by JAVED against the COUNTY with the EEOC and FCHR, inclusive of the matter of Addie Javed v. Indian River County Board of County Commission, Case No. 26-2993; Agency Case No. 2026-117295 (Fla. DOAH 2026). 9. JAVED and his heirs, assigns and representatives, do hereby release, acquit and forever discharge the COUNTY, as well as the COUNTY's current and former officials, appointees and employees, both in their official and individual capacities, from any and all actions, claims, charges, damages, demands, attorney's fees, expenses or costs of whatever nature arising from any matter relating to JAVED's former employment with the COUNTY, whether known or unknown, up to and including the effective date (as defined in paragraph 20 below) of this Agreement. This release of claims includes, but is not limited to: a release of any rights or claims JAVED may have under the Florida Civil Rights Act of 1992; Title VII of the Civil Rights Act of 1964, as amended; the Constitutions of the United States and the State of Florida, as amended; the Age Discrimination in Employment Act of 1967, as amended; the Older Workers Benefit Protection Act of 1990; the Employee Retirement Income Security Act, as amended; the Fair Labor Standards Act, as amended; the Equal Pay Act; Florida Statute Section §448.07; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act; the Energy Reorganization Act; the Florida Public Employees' Whistle -blower's Act (112.3187, Florida Statues); Section 440.205 of Florida's Workers' Compensation Law (retaliation); Florida Statutes Section 112.83; unpaid wage claim; and/or any other federal, state or local laws, ordinances, or regulations prohibiting employment discrimination or retaliation or restricting the COUNTY's right to take personal action with respect to its employees. JAVED also agrees that 2 FP 64861651.1 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK this Agreement includes a release of all claims based on theories of contract or tort (e.g., intentional interference with a business relationship, negligent or intentional infliction of emotional distress, defamation, assault, battery, false imprisonment, invasion of privacy, fraudulent inducement to entering into an Agreement, wrongful termination, etc.), whether based on common law or otherwise. The foregoing list is meant to be illustrative rather than exhaustive. JAVED ACKNOWLEDGES, AGREES, AND UNDERSTANDS THAT THIS RELEASE IS A FULL AND FINAL BAR TO ANY AND ALL CLAIMS OF ANY TYPE THAT HE MAY HAVE OR HAD AGAINST THE COUNTY, FROM THE BEGINNING OF TIME UP THROUGH THE EFFECTIVE DATE OF THIS AGREEMENT. 10. JAVED agrees that he will not file any lawsuit against the COUNTY based on any right waived or released under this Agreement. Nothing contained in this Agreement prohibits JAVED from participating in any investigation or proceeding before any federal, state, or local governmental agency if subpoenaed to do so; provided that the release in this Agreement prevents JAVED from recovering any relief (including, but not limited to, money damages of any type). Nothing contained in this Agreement prevents JAVED or the COUNTY from filing suit against the other to enforce the terms of this Agreement, and this Agreement may be introduced into evidence to establish and enforce the settlement reached by the parties. 11. JAVED represents that he has no other suits, claims, charges, complaints, or demands of any kind whatsoever currently pending against the COUNTY with any local, state, or federal court or any governmental, administrative, investigative, civil rights, or other agency or board other than those referenced herein. 12. -JAVED agrees that he is not interested in, and will not apply for, reinstatement of employment or re-employment with the COUNTY. JAVED further agrees that this forbearance to seek future employment is purely contractual and is in no way involuntary, discriminatory, or retaliatory. 13. As a free and voluntary act, JAVED agrees that he will not defame John Titkanich, Jr., Nancy Bunt and/or Suzanne Boyll. The COUNTY likewise agrees that John Titkanich, Jr., Nancy Bunt and/or Suzanne Boyll will not, within the course and scope of their official duties with the COUNTY, defame JAVED." For purposes of this paragraph, "defame" shall be defined as "knowingly, and with actual malice, make false statements." This paragraph is not intended to prevent cooperation through investigation, testimony or otherwise with an administrative agency or court, or as otherwise required by law. 14. In the event that the COUNTY's Human Resources Department specifically receives an employment verification request regarding JAVED, such a request will be addressed in accord with the COUNTY Human Resources Department's standard practices. 15. The parties agree that all previous paperwork regarding JAVED relating to this Agreement and JAVED's former employment with the COUNTY are part of JAVED's permanent history with the COUNTY and shall be kept and preserved in accordance with Florida's Public Records laws. 3 FP 64861651.1 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 16. JAVED warrants that he is not a Medicare beneficiary as of the date of this release. Because JAVED is not a Medicare recipient as of the date of this release, no conditional payments have been made by Medicare. 17. The parties agree that this Agreement was entered into in the State of Florida and shall be construed and enforced in accordance with the laws of the State of Florida. If either party is forced to institute legal proceedings for breach of the terms of this Agreement, it is specifically understood and agreed that any such legal proceeding must be brought exclusively in the federal or state courts servicing Indian River County, Florida. Additionally, the parties agree that any trial in such legal proceeding shall be non -jury. The parties further agree that the prevailing party (except and only to the extent that such litigation challenges the validity of this Agreement under the OWBPA) shall be entitled to receive its costs and attorney's fees incurred in connection with enforcing the terms of this Agreement. 18. This Agreement shall be interpreted in accordance with the plain meaning of its terms and not for or against the drafter. 19. If any term or provision of this Release shall, to any extent, be declared invalid or unenforceable by a court of competent jurisdiction (except paragraph 9), the remainder of this Agreement shall not be affected thereby. 20. Older Workers Disclosure; Revocation Period - With specific reference to compliance with the requirements of the Older Workers Benefits Protection Act (29 U.S.C. 626(f)), the COUNTY advises JAVED that: (i) this Agreement contains a release of claims under the Age Discrimination in Employment Act, 29 U.S.C. 621 et seq.; (ii) JAVED should consult with an attorney with respect to the matters contained in this Agreement; (iii) JAVED has been given a period of at least twenty-one (21) days from his receipt of this Agreement to decide whether to accept this offer, and JAVED may accept this offer at any point during that time; and (iv) JAVED may revoke this Agreement any time during a period of up to seven (7) days from the date JAVED tenders this signed Agreement to the COUNTY by providing a written statement revoking this Agreement to the attention Benton N. Wood, Esq., 200 S. Orange Avenue, Suite 1100, Orlando, FL 32801. Once this 7 -day revocation period has expired, the release shall be final and irrevocable. 21. This Agreement constitutes the complete understanding between the COUNTY and JAVED regarding the resolution of the above -referenced matter. 22. JAVED acknowledges that he has carefully read and fully understands the provisions of this document including the release of claims; that he has had a reasonable period of time in which to consider this Agreement; that he has had the opportunity to consult with counsel regarding this Agreement; that he has consulted with counsel regarding this Agreement and that he is knowingly, voluntarily, and expressly entering into this Agreement. 4 FP 64861651.1 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK IN WITNESS WHEREOF, the parties hereto execute this Agreement. tali c V JV E 07/08/2026 ate: ST TE OF Colorado COU TY OF Arapahoe The foregoing instrument was acknowledged before me by means of (physical presence) X (online notarization), this 8th day of July , 2026 by ADNAN JAVED OTAR Y PUBLIC, State of Colorado Print name: Candace Kness, Notary Public (NOTARY SEAL) CANDACE KNESS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20264003295 COMMISSION EXPIRES Jan. 28, 2030 Notarized Online with NotaryLive.com Personally known OR Produced Identification X Type of Identification Produced: Drivers License BOARD OF COUNTY COMMISSIONERS FOR INDIAN RIVER COUNTY, FLORIDA •. y... Deryl Loar, Chairrm Its: Date: August 5, 2026 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY ►'I/ J NIFE N. SHULER COUNTY ATTORNEY 5 FP 64861651.1 Attest: Ryan L. Butler, Clerk of Circuit Court and Comp BY: D putt' Clerk A TRUE COPY CERTIFICATION ON LAST PAGE �vERco Office of the RYAN L. BUTLER, CLERK INDIAN RIVER COUNTY ADMINISTRATOR TORO 1* John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Nancy Bunt, Assistant County Administrator Board of County Commissioners Indian River County 1801 27th Street Vero Beach, Fl. 32960 August 4, 2026 To Whom It May Concern, Adnan `Addie" Javed was employed with Indian River County Board of County Commissioners as its Public Works Director from September 3, 2024, until he resigned in good standing effective November 14, 2025. Mr. Javed received three wage increases during his tenure with an annual rate of pay at his departure of $184,548. We wish Mr. Javed all the best in his future endeavors. Sincerely, John A. Titkanich Jr., MPA., ICMA-CM County Administrator Indian River County STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. RYAN L. BVT%E, CLERK VEJ COQ Office of the BADa(Q DC. INDIAN RIVET TY ADMINISTRATOR ORi1�' John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Nancy Bunt, Assistant County Administrator Board of County Commissioners Indian River County 1801 27th Street Vero Beach, Fl. 32960 August 4, 2026 To Whom It May Concern, Adnan `Addie" Javed was employed with Indian River County Board of County Commissioners as its Public Works Director from September 3, 2024, until November 14, 2025. Throughout Mr. Javed's tenure with Indian River County, the County never made Mr. Javed the subject of any formal investigation. In addition, the County never sustained any official findings of misconduct against Mr. Javed. Sincerely, John A. Titkanich Jr. MPA., ICMA-CM County Administrator Indian River County