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Checklist for Personnel Settlements Requiring Approval of Budget and Control Board
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Sam Wilkins, Director
1201 Main Street
Suite 800
Columbia, SC 29201
Phone: (803) 737-0900
(State HR Regulation 19-718.11)

Agency Sends to the Office of Human Resources:


1) Letter of justification containing the following:

  • Background and analysis of case


  • Liability to agency, if applicable


  • Cost effectiveness of settling the matter


  • Benefits and interests of settling the matter


  • 2) Settlement agreement containing the following:

  • No admission of liability by either party, if applicable


  • Releases agency from any other claims related to the matter at hand


  • Terms concerning withdrawing pending action which may be administrative or judicial or both


  • Amount of lump sum payment and where it will come from should be clearly delineated


  • Determination of whether lump sum amount is waged-based or not


  • Subject to Budget and Control Board or OHR approval


  • Confidentiality language with FOIA exception, if applicable


  • Older Worker Benefits Protection Act language if employee is 40 or over


  • If employee is represented by attorney, a reference to the attorney should be made


  • Voluntariness language


  • Signed and dated by state agency representative, the employee, and the attorneys, if applicable (OHR staff will be glad to review the agreement before being signed by the parties.)


  • Witness signatures


  • THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.