‘SETTLEMENT AGREEMENT AND RELEASE ‘This Settlement Agreement and Release (‘Agreement’) is entered into by end between ‘oseph Passalacqus (“Employee”), andthe Board of Education (Board) for Beaverton Pubtie~ A Schools, (*Distrit, \WITNESSETH: WHEREAS, Employee is employed by District as Superintendent of Schools; od WHEREAS, Employee and District have agreed thet itis in their mutual and respective best interests to formulate, agree upon, and implement acceptable and amicable arrangements for the separation of Employee; and WHEREAS, both Employee and District are desirous of resolving any controversies ot concerns relating to Employee's employment by Distict without resorting to litigation or other adversary procecilings which would likely be expensive and potentially detrimental to the cffective operations ofthe school regardless ofthe outcome thereof; and WHEREAS, Distict and Employee desire to enter into this Agreement to memorialize their agreement pertaining to the separation of Employee from is employment with Distiot end WHEREAS, Eixployce and District have agreed to adjust, compromise, and selle permanently all controversies, claims, disputes, and differences existing between them arising ‘out ofthe allegations andlor all matters whatsoever arising out of Employse's employment with, Dist NOW, THEREFORE, Bmployee and District agree a follows: 1. Employee shall execute a voluntary resignation (attached as Exhibit A) of ‘employment with District and Board, effective March 31, 2024, along witha signed copy ofthis ‘Agreement no later than the beginning of the meeting of Board on March 20, 2024, Said resignation and this Agreement willbe considered simultaneously by Board for approval and scceptance a its mening on March 20, 2024. It is expressly understood and egeed this Agreement and the attached resignation shell constitule © permanent rlinguishment of Employee's employment with District in ay and all espace, and tat said resignation shall be final and irevocable upon acceptance by Board. Employee shall not seck or accept reemployment with District. 2. In consideration ofthis Agreement, Employee shall be paid a lump sum payment of Fifty Seven Thousand Five Hundred Dollars and 00/00 cents ($57,50.00), less deductions,ayable on or before March 31, 2024 subject to state and fede income tx witholings. Board also grees that Employes is entitled to restive retention bonus in the emout of Five Thousend Five Hundred Dollars ($5,500) payable on or before June 13, 2024, sujet to state and fede income tex withldngs. Employee specially acknowledged that ssi lamp sum payment shall not be onsered compensation for parses of Section 13088 and Public Act 300 of 1980. District shall not make » consbution to the Michigen Public Schoot Employee Retirement System (MPSERS) since a famp sim soverence payment does not qualify as compensation. Distct shall have no responsitliy to make any payments to Employee beyond this fi 3 Turnp suum payment and retention bonus. 3. Both partes agice that Employes shall receive health insurance through August 31, 2024, In no event shall the Board have responsibility for any medical benefit plan costs or plan premium contibutions or for continued coverage ox enrollment of Mr, Passalaequa (and his dependents) after August 31, 2024. IF Me Passalacqua is employed with another entity prior to ‘August 31, 2024, the Board's responsibility for any medical benefit plan costs will end ‘immediatly. 4. Employee acknowledges and understands that his voluntary resignation from ‘employment withthe Board may be presented by the District to oppose any ptition, claim or spplicetion by him for receipt of unemployment compensation benefits, as evidence of his voluntary resignation from employment without eause attibutable to the Boat, 5. ‘The execution ofthis Agreement by the parties does not represent, nor shall tbe constnied 85, an admission of any nature whatsoever regarding any matters aising out of Employee's employmont wit District an his separation from that employment. 6. Employee shall retum all District property issued to him for use as « District ‘employee, if any, including, without limitation, electronic equipment, keys, books, and files to the Board President on or before March 31, 2024. 7. ‘The partes acknowledge this Agreement is subject to disclosure under the Freedom of Information Act (FOIA), District agrees it shall ot release this documeént pursuant to a request under FOIA or other relevant state or federal law unless such request has been reduced to writing in accordance with the tems of FOIA or other relevant state or federal la. 8 Employee acknowledges that he has voluntarily submited his resignation from employment with Distriot under the terms ofthis Agreement. In eonsideretion of the paymentsrade to him under this Agteement, Employee agrees to discharge end release Distct, Board (Gncluding individual Boaed members, administrators, employees andlor agents of Distict andlor Board) fom any and all clams, complaints, charges, demands, grievances, unfair labor practice charges, claims for arbitration, andor other causes of action (pending or contemplated) of eny kind which Employee curently bas or may claim to have against any ofthe above including, but not liited to, the following: A. Claims or grievances for bresch of contract, wrongful discharge, ion with respect to disability, age, sex, religion, race, national origin, veteran status andor marital status which may have arisen under the Federel Civil Rights Acts, the Americans With Disabilities Act, Section 504 of the Vocational Rehabilitation Act, Michigan Blliot-Larsen Civil Rights Act, and/or the Persons With Disabilities Civil Rights Act, Michigan Teachers’ Tenure. Act, unfur labor practice under the Public Employment Relations Act, Whistleblowers Protection Act, retaliation claims, and ‘other pertinent state and federal statutes; B. Claims for personal injury and/or damages of any kind including, but not limited to, those claims for iuflction oF emotional or mental dstrece, invasion of privacy, defamation and/or injury to repatation; and ©. Any kind of contractual, legel or equitable claim arising during and from Employee's employment and/or voluntary resignation and separation from employment with District including, but not limited to, ny and all of the circumstances leading to Employee's voluntary resignation and separation pusuant to the terms of this Agreement. constructive discharge, violation of constitutional rights, discrimi 9. Employee hereby promises not to file, institute or pursue eny claims, litigation and/or proceedings set forth in 8 above. Employee and District understand and agree that this a fall and final accord and eatisfaction between and among them es fo any and all ‘Agreement such claims. 10. In considera the District discharges and releases Employee from any and all claims, complaints, charges, demends, grievances, demands for arbitration, and other causes of action (pending or contemplated) of any kind which the District currently has or may claim to have against Employee, whether known or unknown, This release does not apply to any claim for breach of this Agreement, of the payments and other promises made under this Agreement,11, Bnployee will ot daparage the Distro, inciting its administrators, agents; or Board members, The Distist agrees tat neither its Superintendent nor its cureat Board members will disparage Employes. In the event an outside party requests an employment refetence or makes other inguity to the District, the District shall respond only by confirming dates of employment and positions held, and that Employee left his employment with the District without any disciplinary ation and with efetive evaluations. The partes have mutually drafted the attached letter of recommendation, Attachment B, which shall be signed by the Board President ofthe Distit and delivered to Employee on the date this Agreement is epproved by the Board 12, Employee acknowledges that he is advised thet he ese period of twenty-one (21) days during whieh to consider the terms of this Agreement prior to accepting and signing tis ‘Agreement in accordance withthe federal Older Worker” Benefit Protection At. IF Employes decides to sign this Agreement prior to the expiration of the twenty-one (21) day period, he represents that itis his desie to do fo, and that he had the opportunity o consult with legal counsel of his own choosing, and that he is not waiving his right to consider this Agreement for the entice twenty-one (21) dey et the domand, advico or auggsation of ether Board or Distt 13, Employee acknowledges that he is provided a period of seven (7) days following his execution ofthis Agreement within which to revoke his agreement to same. 14. Any waiver ofan age disrimination claim shall not be effective or enforeeable ‘until the soven (7) day revocation period hes expired. This Agreement does not waive eny ege aH— a aw a1 Supey [121990 20 40 (507s) sannrafgo Bu wsed7 wapms Uo paseg ‘soLqns quaWssasse 10/puE 40 paulioU Bulpnioul saunseaus s1WapeDe [830] pea J94RO UO Sy=HIey MOI“ sonfjeue pakojduia squawssasse paouaia) nea 2 sSupey 1121200, (suawssasse wlaiu) pue jenuue yzoq) saunseaws swapede Aioyepuewi Uo SiaBie YMOID—“W. ‘Sporg syRSey =F UEWOG y9YS10M SuReY aaRewns UOREN|eng 4apea7 oUISIG pue japuaiuLadns‘ong2oqa AlaieaH fonnay3e3 fonna3 AIeUIUINEaIN!98829})0UI3. 34a awa 343 aw aH ae aw 34 aw 343 aw a3 Ew as aw aT aT aT 343 aw 34 ~~ aw 3 Ww 34a a a ww a4 aw 3H aw 3a aH aw aH 3a aH 3a 34 aN aM aw aT AW 343 SESHeRERIS=zUEWOG y2YS0M Suey annewUNs UOREN[eng Japea7 youISIq pue juapuaquLiadns Bupuoday pue Buyooyy wausrordu paudy yey sumsiseea fey smounos eeg aidamjo sn snewasls ZB ‘302014 Anbu oo Te uoRe|ay BpaWY puesuOREDMUIWOD YY eu J9pIONSYEIS ewana puelewo EYE suonejoy weal dusiopes ZY suieiay peo TV ABojoup04 soe sengoesg put vor wousBeueyy pueuonesojy sainosay EVE Saunpanoug puesassanald 78 suopeiniay pue saiiog sney TEE ‘Aqumuoddo Buuren puedes 0 ABojoUNDaL YE peqpaay pue WIUsSEESY p9sEG splepURS EVE uowaniisuy paxenuasoyia pue posea aouopna | ZW'E INFEUIO SgEAR PERN EVE suaqsey pueandepy 27. mG PUE WSSUOH EDT ‘HeS ED Djuiasls puearmareas 737 ‘wauin9 pue pawioyut Ez pe ‘aBenduey rez ‘sjsa'samen Tez Suoneadrg puesie09 Z¥z UOIsAPUEUOISSIN TZ aoueAqy jooyos‘ann20q AYBLH=aH ‘Onnd9j263 fonADo/a AJEWIUINHBIN 194990})0UIe3Le ‘ong20ya ABM = OSE oanD9ya = WE“ S7 FonNDO}a ALEWIUW = PZ SE SannDa4joul= PE -0)a;dweXS 7 feger ssouann2ays3 feuls ‘96"¢——a1o0s (oor = Z wewog + F uewiog) Bujpey ssauanyaays3 121000 9r'e—as005 (21095 jeux 409) $-2 wrewog 10} Buney TyNId 7421005 (21025 jeuts x gop) T wlewog 404 Suney TWN 9° — 6-2 wrewog 10) Suney jeurs §— sopstiarseseyp jo soquinn (pasn sogsuayaeseyp jo saquinu aya Aq papi 23095 e101) Br 8102s Jevo, $-7 Sulewog 10} Bupey TwNId wows docoupy pus uonenps res aa aa ssouosemy res Hwa Auponpos vs wT wa eve awa wa evs wa Tvs yaysoM SuReY aanewuNg UoNeN|enz nn sJapeat wunsiq pue 1uapuaduadns aouengy jooyds Hefsnnsoya ABISaH fonno9yj3=3fonn29}s3 AEMUIA=BINZOANDO}OURSL, ons0 594, spoypeny 51 sohojdug Aq auswres “uorenjens yay wuougasBe ‘Au Aquesse70u 30us90p oumeUs}s “10} uoRenjens ayn pamMa}o4 Sey 99h0}dUI0 yeus eumeug}ssahoyduo ayo aouasaud ous, eg ma GE venstuwpy en s0 594, spoypene ave se03 pue soweasupe oy yu sloenjena ys pains a8 | 22 /e{f Ty ALE umeutis sovenjeng powpene vas :suauiue9 juonley 3945)0M Suey aaneutuns uoNenjeny Japeay 12u3sIq pue juspuayuLiedns