Paying the former city manager
CANNON ON CITY PAYROLL TIL SEPT 9.
Signed by all seven Clinton City Council members, former City Manager Bill Ed Cannon and two witnesses, a Feb. 8 document says, “Employee has indicated his desire to resign from his employment with Employer.”
He agrees not to sue the City of Clinton. If future employers contact the city, they will be told he resigned, his position, and employment dates.
The document was signed as a result of a called meeting of the Clinton City Council. The council also has conducted meetings on Feb. 1 (regular meeting) and Feb. 15 (called meeting), with closed session discussions at all three meetings. There was no reference made to the Feb. 8 agreement at the Feb. 15 meeting.
Cannon resigned after three years as Clinton City Manager.
He held a similar position in Florida and owned a civil engineering business in Kentucky. At the time he was hired his annual salary was $110,000. His assistant, Thomas Higgs, is the interim city manager.
Cannon receives his salary through Sept. 3, 2021. That includes regular salary, retirement, medical insurance, car allowance minus all required and authorized withholdings. He receives this money in weekly payments.
Cannon agrees “not to sue Employer, its present and past officials, employees, agents and attorneys, from and/or with regard to any and all causes for action, claims, demands, costs, attorneys’ fees, and all claims of any nature and kind whatsoever, known or unknown, from the beginning of time until the date hereof which Employee has or in the future may be entitled to have against Employer, and/or any of its officials, employees, agents or attorneys on account of or in any way arising out of or in connection with Employee’s employment with the Employer ...”
These claims could include the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the SC Human Affairs Law, the Constitution, laws and regulations, and executive orders of the United States or South Carolina, common law, criminal claims, and other claims.
Cannon also cannot sue for “unknown and unanticipated damages” connected to his job. Cannon acknowledges that he does not have any claims pending now against the City of Clinton.
Cannon’s resignation was effective February 8, 2021, per the agreement.
“His resignation is hereby accepted and shall be irrevocable,” the agreement says.
Cannon says he was not disabled when he resigned.
The agreement has a provision for payment of accrued and unused annual and sick leave.
“Employer agrees that all Employer records will reflect that Employee (Cannon) voluntarily resigned,” the agreement says.
The only thing the City will say to potential future employers of Cannon is that he resigned, the positions he held, and his dates of employment.
Cannon agrees not to apply for a job with the City of Clinton again.
Everyone signing the document agreed to keep the release terms “in the strictest confidence.” Cannon is allowed to tell his spouse.
The City says it admits no liability as it relates to Cannon.
Cannon acknowledges that he received the release prior to February 8, 2021, and that he could have taken 21 days to sign it, and that he had seven days to revoke it. He has been advised to consult an attorney or a government agency (this portion is printed in bold type).
Also, the Clinton City Council approved a resolution Feb. 15 that gives Mayor Bob McLean authority to deliver a severance agreement to Cannon. The agreement ratifies the Feb. 8 General Release and Covenant Not To Sue document.
This Feb. 15 document says, in part, “the City has determined it is in the best interest of the City to execute a severance agreement ... between Mr. Cannon and the City providing the terms and conditions for the discontinuation of Mr. Cannon’s employment.”
The Feb. 8 release document says the final City payment to Cannon will be Sept. 9, 2021, for the payment week that ends on Sept. 4.