By Kim McDarison
The Whitewater Common Council Tuesday announced it has approved a Release and Employment Disposition Agreement with City of Whitewater Police Chief Aaron Raap.
The chief was placed on paid administrative leave in December.
The administrative leave, and what was described by Whitewater city officials in a press release made available on Dec. 3, 2021, as an internal investigation, followed battery charges brought by the Waukesha County Sheriff’s Department and filed with the Waukesha County District Attorney’s office.
According to a criminal complaint filed by the department with the Waukesha County District Attorney’s office, law enforcement responded to a disturbance at Raap’s Waukesha County home last November. Waukesha County District Attorney Susan Opper told Fort Atkinson Online, on Dec. 16, that she was not proceeding with the charges and the criminal case was dropped.
Following several requests, an explanation for the internal investigation of Raap was not disclosed in press-released information shared by the city with Fort Atkinson Online. Information about the investigation released to the media in January is here: https://fortatkinsononline.com/investigation-of-police-chief-remains-ongoing-whitewater-city-officials-say/.
Within the information released in January, Whitewater City Manager Cameron Clapper wrote that the city had received a number of media inquiries about the status of the investigation, adding: “The procedure is part of a broader effort to maintain the integrity of the organization as a whole, not a criminal investigation. As a result, the internal investigation runs independent from any decisions made by other agencies including Waukesha County’s District Attorney’s Office and will be completed as soon as possible.”
On Tuesday, a closed-session meeting was held to discuss “consideration of the terms” of the chief’s employment agreement with the city, after which a document, titled “Resignation Agreement, Waiver And Release Between: City of Whitewater and Aaron Raap,” was released.
The document states that Raap and the city agree “the employee’s voluntary and irrevocable resignation and retirement is effective on June 30, 2022.”
A letter of resignation must be submitted by Raap to the city’s Fire and Police Commission no later than noon, June 30, the agreement stipulates.
Additionally, the document states, “The employee desires, through this agreement, to finalize his separation from employment with the city, to resign and retire, and accept the terms of this agreement.”
The document further states that the parties “agree to mutual termination,” adding: the “employee and the city desire to retain amicable relations and cooperation throughout the entirety of this agreement and they desire to amicably resolve any and all outstanding differences and concerns.”
According to the document, following the resignation date, Raap will receive his accrued, unused vacation leave.
“Payments shall be paid at employee’s straight time hourly rate of pay in effect as of the effective date. Employee and his qualified dependents may timely and properly elect COBRA coverage in according with applicable law if eligible,” the document stated.
Further, the document noted, from the resignation date until Dec. 31, 2022, Raap will continue to be paid only his regular hourly wage as if regularly scheduled for work, with his pay rate adjusted effective Jan. 1, 2022, by 2.25% and the medical insurance stipend of $400 per month from July through December, with the understanding that such salary continuation pay shall offset any unemployment insurance benefits due him for the periods of time that such payments are applicable.
The document also stipulated that the city has no obligation to continue the employee’s benefits or pay premiums or contributions on his behalf beyond the resignation date.
Within the document, both parties agree to “no admission of liability,” with language stating that participation in the agreement by the parties is “not to be construed as an admission of any wrongdoing or liability whatsoever by or on behalf of the employee, the city, or related parties.”
Under the terms of the agreement, the city agrees to provide Raap with a Whitewater Police Department identification card on or after June 30, noting his highest achieved rank and noting his status as retired; with his class A uniform, cap and accompanying shield, and will permit Raap the opportunity to clear his police department office of all personal items.
The city will also provide Raap with an employment reference letter, stating that he was employed with the city as its police chief under the command of the city manager. The letter will indicate that Raap began his employment with the city on June 1, 2018 and resigned and retired on June 30, 2022.
An earlier story about the Whitewater City Council’s deliberations relative to the chief’s employment is here: https://fortatkinsononline.com/whitewater-city-considers-possible-release-and-employment-disposition-agreement-with-police-chief/.
The full agreement and reference letter is here: http://fortatkinsononline.com/wp-content/uploads/2022/07/police-chief-agreement-.pdf.
Aaron Raap
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