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SEPARATION AGREEMENT
BY AND BETWEEN THE BOARD OF EDUCATION OF THE POUGHKEEPSIE CITY SCHOOL
DISTRICT, hereinafter referred to as, "the Board" and MR. ROBERT C.
WATSON, SR, hereinafter referred to as, "the Superintendent";
WHEREAS, notwithstanding the provisions set forth in the
Superintendent's Contract, dated July 14, 2000, and all of the Addendum
Agreements executed by the parties subsequently thereto (hereinafter the
"Contract"), the Board and the Superintendent agree that the following
provisions shall apply to his continuing employment through February 9, 2006 and
the compensation and benefits referred to for the period thereafter through June
30, 2007 are in consideration of the settlement of any and all claims that the
Superintendent may have against the District and in consideration for relieving
the District from the obligations of his Contract.
- By executing this Agreement, it is agreed by the District and the
Superintendent that the Superintendent's Contract and all related Addendum
Agreements shall be rescinded and shall be deemed null and void in all
regards, effective close of business on February 9, 2006.
- The Superintendent shall on November 9, 2005, submit an irrevocable letter
of resignation to the District Clerk, resigning effective February 9, 2006
from his position as Superintendent of Schools, in good standing (Attached
hereto as Appendix "A".) This letter of resignation will be acted on by the
Board at its November 9, 2005 meeting.
- The Board will, subject to paragraph 4 herein, make payments at an
annualized rate of $163,500 and will provide only those benefits as described
in Paragraph "6" below, for the period of time from February 9, 2006 through
June 30, 2007. Such payments will be made without requiring the performance of
work for the District and without restriction upon the Superintendent's
ability to be employed elsewhere. Such payment shall be made in accordance
with the schedule provided for in paragraph "4."
- The Superintendent shall receive bi-weekly payments in the amount of
$6,288.46, less any deductions, for the period commencing on February 10, 2006
through June 30, 2006. The Superintendent shall receive a onetime payment of
$163,500.00 dollars, less any deductions, on or about June 20, 2006, but in no
event more than fourteen (14) calendar days thereafter. The parties agree
that, in addition to any other deductions that may be required for payroll
purposes, the Board may deduct from this amount any monies that have been
previously improperly paid to the Superintendent by the District, if any,
during the period July 14, 2000 through June 20, 2006. The Board shall, within
sixty (60) calendar days of the effective date of this Separation Agreement,
cause to be conducted an audit which shall be performed by the District's
internal claims auditor, Cooper, Niemann & Company, LLP, of all payments made
to the Superintendent during the period July 14, 2000 through June 20, 2006.
For purposes of determining the amount of the deduction set forth herein, the
results of this audit shall be deemed binding upon the parties.
- The parties acknowledge that, notwithstanding the results of the audit
conducted in accordance with paragraph 4, herein, the Superintendent shall
have no unused vacation time for purposes of a cash buyout upon his separation
from employment with the District and that he shall accrue no additional
vacation time from the effective date of this Separation Agreement through
June 30, 2007. The parties further acknowledge that the Superintendent will
not receive a cash payout for any unused sick leave days.
- The Superintendent and his dependent children, shall be entitled to
District health, vision and dental insurance through June 30, 2007 with the
Superintendent contributing 1/2 of 1% of salary up to $20,000 and 1% of salary
in excess of $20,000 with the District paying the remainder of premium costs.
The Superintendent shall be entitled to District funded term life insurance
coverage in the amount of $250,000 through June 30, 2007.
- The Board shall give its support and issue a positive written
recommendation in favor of the Superintendent in his candidacies for other
employment. For the purposes of future employment referencing all inquiries
shall be directed to the President of the Board of Education who shall comment
upon the Superintendent's employment in the District in accordance with a
letter of recommendation to be developed by November 23, 2005 based upon the
Superintendent's 2004-2005 evaluation. The Superintendent, in commenting upon
the School District and Board of Education members in their individual and
official capacities, shall at all times speak only positively, reflecting upon
the progress and accomplishments made by the District during the time of his
Superintendency.
- The Board agrees to offer indemnification and a legal defense pursuant to
its insurance coverages or statutory indemnification and a legal defense
pursuant to its insurance coverages or statutory indemnification as required
by Education Law Sections 3023, 3028 and 3811, as well as Public Officers Law
Section 18 with respect to matters in which the Superintendent has been or
will be named as an individual party in any litigation arising from his
service as Superintendent of Schools during the period July 14, 2000 through
February 8, 2006. The Superintendent will fully cooperate with respect to any
litigation related to the School District.
- In consideration for the promises set forth above, the Superintendent
hereby waives any and all claims that might otherwise be asserted through the
date of the Superintendent's resignation from the District, as set forth
above, pursuant to Title VII of the Civil Rights Act of 1964 with Amendments,
the Age Discrimination and Employment Act, Section 504 of the Rehabilitation
Act of 1973, Title I of the Americans with Disabilities Act of 1990, the New
York State Human Rights Law, the Older Workers Benefit Protection Act of
1990,42 U.S. Code Section 1983, as well as any other claims or causes of
action other than those necessary to enforce the provisions of this Agreement.
The waiver and release from all such claims shall be in favor of the District,
its Board of Education Members, officers, employees, agents and their
successors in their individual and official capacities.
- The Superintendent hereby issues a release in favor of the District, its
Board of Education Members, officers, employees, agents and their successors
in their individual and official capacities from any and all legal liability
regarding their relationship as employer for all times past and through the
date this Agreement, except to the extent that it may be necessary for him to
enforce the provisions set forth in this Agreement.
- The Superintendent hereby affirmatively states that he acknowledges and
understands that he has been offered the opportunity to obtain legal counsel
and that he has consulted with legal counsel or has voluntarily declined the
opportunity to consult with legal counsel in the preparation of and review of
this Agreement.
- This Agreement shall not constitute, be interpreted, construed or used as
evidence of any admission of fact, law, responsibility or liability on the
part of the District.
- The existence of this Agreement, its contents and any related
correspondence shall be held in strict confidence and shall not be disclosed
in any suit, administrative, judicial, or other proceeding, or other action of
any kind except to enforce the terms hereof or as otherwise required by law.
- In the event that any of the provisions of this agreement are deemed null
and void as a matter of law, such provisions shall be severable from the
Agreement and the remaining provisions of the Agreement shall remain in full
force and effect.
- This Agreement shall not be enforceable unless approved by a majority of
the Members of the Board of Education of the Poughkeepsie City School
District.
- THE SUPERINTENDENT ACKNOWLEDGES THAT HE HAS BEEN OFFERED A TWENTY-ONE (21
DAY PERIOD IN WHICH TO DECIDE WHETHER OR NOT TO EXECUTE THIS AGREEMENT DATED
NOVEMBER 9, 2005 AND THAT HE SHALL HAVE THE RIGHT TO REVOKE THE TERMS OF THE
AGREEMENT, AS REFERENCED ABOVE, FOR THE SEVEN (7) DAY PERIOD FOLLOWING THE
EXECUTION OF SAID DOCUMENT.
SO AGREED this 9th day of November, 2005.
BOARD OF EDUCATION OF
THE POUGHKEEPSIE CITY SCHOOL DISTRICT
BY: STANLEY F. MERRITT
BOARD PRESIDENT
ROBERTC. WATSON, SR.
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