Off the Record, On the Q.T., Very Hush Hush

The Antonio Daniel Martin Settlement

(If you read the whistle-blower’s affidavit on the right under “Social Justice,” you will note that Martin (pronounced Marteeen) never filed a lawsuit. He got fired, deposed by the town and another attorney, testified to his affidavit, and got paid hush money. So we post the confirmation which goes to the character of his allegations in the affidavit. Why pay him to go away? The statement below is neither copy edited nor proofed by Taos Friction, just reproduced.

RELEASE AND SETTLEMENTAGREEMENT

ANTONIO MARTIN (“Mr. Martin”) desires to settle and discharge any and all claims which have or could have been asserted by Mr. Martin against THE TOWN OF TAOS and its current and/or former employees, agents, predecessors and successors, elected officials, officers, representatives, attorneys, and insurers (“Released Parties) regarding his employment and separation from employment with the Town of Taos, New Mexico.

The parties agree as follows:

The Town of Taos will pay the sum of forty thousand two hundred eighty-seven dollars and fifty cents ($40,287.50) to Mr. Martin and attorney’s fees in the amount of fourteen thousand seven hundred twelve dollars and fifty cents ($14,712.50) to Torrez Law & Strategy in full settlement of all claims and demands against the Released Parties resulting from or relating to Mr. Martin’s employment and separation of employment with the Town of Taos and all claims and demands made in or relating to all other claims which Mr. Martin may have against the Released Parties, including subrogation claims, claims made by third parties, or any other claim.

Mr. Martin, his assigns, and successors hereby fully and unconditionally dismiss, release, and forever discharge the Released Parties and their representatives, officials, employees, predecessors and successors, insurers, attorneys, agents, and assigns from any and all claims (including attorneys’ fees and costs of suit), charges, causes of action, subrogation claims, or demands of any kind and nature whatsoever arising out of Mr. Martin’s employment and separation of employment with the Town of Taos, whether asserted or not.

Mr. Martin hereby represents that he is unaware of any subrogation claims, liens, or other third parties who have insured, paid, or indemnified them in connection with the losses or expenses claimed as damages arising out of his employment and separation of employment with
the Town of Taos. If any such subrogation claims or other demands are presented, Mr. Martin agrees to pay or to settle all such demands from the proceeds of this settlement and indemnify and hold the Released Parties harmless from any and all such claims. In addition, Mr. Martin agrees to reimburse the Released Parties for all reasonable attorneys’ fees and costs in defending against any such subrogation claims or demands by third parties.

Mr. Martin acknowledges that the consideration received under this Settlement Agreement is intended to and does release and discharge the Released Parties, their agents, representatives, successors, assigns, and insurers from any claims or consequences arising from Mr. Martin’s employment and separation of employment with the Town of Taos and hereby waive any right to assert in the future any claims not!mown or suspected, even though if such claims were lmown, such knowledge would materially affect the terms of this Settlement Agreement.

Mr. Martin is responsible for any and all tax liabilities, if any, relative to the proceeds. of this settlement. Mr. Martin acknowledges that neither the Released Parties nor their attorneys have made any representations whatsoever as to any tax consequences Mr. Martin may incur as a result of the settlement.

The Town of Taos agrees to permit Mr. Martin to retroactively resign his position by replacing his letter of termination with a letter of resignation effective March 12, 2014 (the day of termination).

Should future employers seek a reference for Mr. Martin from the Town of Taos, the Town of Taos agrees to give a neutral reference. The neutral reference will confirm the dates Mr. Martin worked. for the Town of Taos, Mr. Martin’s compensation, and Mr. Martin’s date of resignation.

Mr. Martin agrees to not seek employment with nor to be employed by the Town of Taos at any point in the future.

This Agreement is not, and shall not be construed to be, an admission of fault or wrongdoing on the part of the Released Parties. The Released Parties have entered into this Agreement based solely on the consideration of the economic costs, including the time and expense oflitigation, not on any admission ofliability. The Released Parties have always denied and will continue to deny any liability whatsoever. This is a settlement of a disputed claim and is privileged and may not be used in any other litigation pursuant to Evidence Rule 408.

Mr. Martin acknowledges that the Released Parties have not made any promises or representations other than those recited in this Agreement to induce them to enter into this Agreement.

The terms of this Agreement are contractual, fully enforceable, and are not mere recital.

In the event that any paragraph or portion of this Agreement should be later determined unenforceable, all other paragraphs of this Agreement shall remain in full force and effect.
This Agreement contains the entire agreement between Mr. Martin and the Released Parties with regard to the matters set forth herein. There are no other understandings or agreements, oral or otherwise, between the parties except as expressly set forth herein.

This Agreement shall be construed and interpreted in accordance with the laws of the State of New Mexico.

I HAVE CAREFULLY READ THIS RELEASE, FULLY UNDERSTAND ITS TERMS, AND HAVE DISCUSSED THE IMPACT AND IMPORTANCE OF SIGNING THIS RELEASE WITH MY ATTORNEY.

STATE OF NEW MEXICO )
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COUNTY OF uma /if/o )
SUBSCRIBED and SWORN TO before me this

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Approved by:

Raul Torrez
Torrez Law & Strat Attorney for An nio Martin

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