VOLUNTARY RESIGNATION AGREEMENT AND RELEASE ‘This Voluntary Resignation Agreement and Release (“Agreement”) is entered into between Linda Hicks (the “Administrator”) and the Board of Education (the “Board”) of the Battle Creek Public Sehools (the “District”). WHEREAS, Administrator is employed as the Superintendent in the District and wishes to resign her employment to pursue other professional opportunities; WHEREAS, the parties mutually desire to enter into this Agreement to set forth the terms of the Administrator's separation of employment with the District on amicable grounds and to set forth the parties’ respective rights and obligations. NOW, THEREFORE, in consideration of the mutual promises set forth below, the parties agree as follows: 1. Resignation. In exchange for the consideration offered in { 2 of this Agreement, the ‘Administrator agrees to the following terms: A. The Administrator shall execute and submit to the Board President her voluntary resignation from all employment with the District, effective July 24, 2015, along, with a signed copy of this irrevocable Agreement, to the Board President not later than 3:00 pm on Wednesday, July 22, 2015. Said resignation shall be in writing, shall be in a form substantially similar to Attachment A, and shal] be considered to be incorporated into this Agreement as Attachment A. B, Except as expressly stated in this Agreement, it is understood and agreed that this Agreement and the Administrator's voluntary resignation of employment in all capacities constitute a final, comprehensive, irrevocable, and permanent surrender and relinguishment of all employment rights that the Administrator has with the District, and that her resignation shall be final and irrevocable upon acceptance by the Board, subject only to 110 of this Agreement. 2. Compensation and Benefits. Provided that the Administrator executes and hi revoked this Agreement pursuant to 4 10 below, and has complied with all terms and cont of this Agreement, the following compensation and benefits will be provided to the Administrator. A. The Administrator will continue to work as the District's superintendent through July 24, 2015, the effective date of her resignation. i. During that time, the Board will continue to pay the Administrator's current ‘contractual salary (less applicable withholdings and deductions) through the District's regular payroll eyele. ii, ‘The Board will also pay its contractual premium share of the Administrator's District-provided insurance benefits through July 31, 2015. B. ‘The Board shall remit directly to the Administrator a separation payment of One Hundred and Five Thousand Dollars ($105,000) by August 14, 2015. The Administrator acknowledges and agrees that this separation payment is granted {00226685 )Buttle Creck Publie Schooly/Linda Wicks Page 10f 8 July 20, 2015in consideration of the promises and releases in this Agreement and the resolution of all outstanding issues between the parties, and would not otherwise be due to the Administrator absent the execution of this Agreement. Payment described in herein shall be paid as a severance payment, rather than as compensation, and Administrator specifically acknowledges that the payment is not for services which have been, or will be, performed for the District as a public employee. Administrator specifically acknowledges that said payment shall not be considered compensation for purposes of Section 1303a of the Public School Employees Retirement Act, MCL 38.1303 and Public Act 300 of 1980. Should ‘Administrator assert that the payment qualifies, she shall be solely responsible for any resulting liability. The Board shall have no responsibility to make any payments to the Employee beyond the final lump sum payment. C. The Board will pay the Administrator's premiums for health, vision and dental benefits through January 31, 2016 unless Administrator obtains employment before January 31, 2016 that includes health, vision, and dental benefits. ‘Administrator must notify the Board President within 10 calendar days of ‘obtaining employment that includes health, vision, and dental benefits. Under no circumstances is the Board required to pay for Administrator insurance benefits (including health, vision, and dental benefits) after the six (6) month period. D. Administrator will receive a cash payout of unused vacation days ($17,166.66) per page 2, number 3 of Administrator's contract. The Board will pay Dr. Hicks a cash payout of ¥/2 of her unused sick days ($16,880.49). The cash payouts of unused sick and vacation days will be calculated using Administrator's per diem rate of salary as defined on page 2, number 3 of Administrator's contract. E. The Administrator understands and agrees that she is fully responsible for her obligations to pay any State, Federal, and/or Local taxes as may be due pursuant to the payment of any compensation referenced herein. 3. Einal Compensation. The Administrator acknowledges and accepts the terms of this ‘Agreement and the payments made under its terms as the sole, exclusive, and final compensation to be provided by the Board to the Administrator for the remainder of her employment with and separation from the Board (including, but not car allowance, life insurance, and annuity payments). Additionally, the Administrator acknowledges that exept as is specifically provided in {| 2 of this Agreement, the Administrator is not entitled to any other compensation, benefits, or separation payments provided under any existing, expired, or successor contract or due to any other established working condition or policy. 4. Unemployment Benefits. The Administrator acknowledges and understands that her voluntary resignation js intended to preclude her application for and receipt of unemployment benefits under the Michigan Employment Security Act, MCI 421.1 et seq., and will be presented to disqualify her from receipt of unemployment compensation benefits as evidence of a voluntary termination of employment without cause attributable to the Board. 5. Letter of Reference, The Board will respond to a prospective employer by submitting the attached Letter of Reference (Attachment B). The Board and individual Board members will not make statements that are inconsistent with or undermine the Letter of Reference. {00226685 JRattle Creek Public Schoole/Linda Hicks Page 2 of 8 July 20, 20156. Consideration. The Administrator acknowledges and agrees that the terms of this Agreement constitute sufficient consideration for her resignation of all employment with the Board, as well as for the covenants and releases made by her in this Agreement. 7.. District Property, The Administrator acknowledges that she will return all District property issued to her for use as a Distriet employee, including but not limited to keys, credit cards, mobile communication devices, electronic equipment, books, and files. 8. Disclosure, While the parties agree that this Agreement is considered confidential and its terms shall not be disclosed, the parties further understand and agree that this ‘Agreement may be subject to disclosure under the Michigan Freedom of Information Act, MCL 15.231 et seq. or other lavful requirements of a court or administrative agency of competent jurisdiction, 9. Release and Waiver of Claims. In consideration of the payments made to her and on her behaif pursuant to this Agreement, the Administrator, for herself and her heirs, executors, administrators, successors, and assigns, agrees to forever discharge and release the Board and. all of its past or present officers, Board members, employees, and/or agents (whether acting as an agent for the District or in’an individual capacity) from any and all claims, complaints, charges, demands, grievances, losses, expenses, rights, entitlements, and/or other causes of action (pending or contemplated) of any kind (and without limitation) whether known or unknown, which the Administrator currently has or may claim to have against any of the above, including: A. Claims or grievances for breach of contract, wrongful discharge, constructive discharge, violation of constitutional rights, discrimination for disability, age, sex, religion, Taco, national origin, veteran status, and/or marital status which may have arisen under the United States Constitution, the Federal Civil Rights Acts, the Americans with Disabilities Act, Section 504 of the Vocational Rehabilitation Act, the Age Discrimination in Employment Act as amended by the Older Workers Benefits Protection Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Michigan Constitution, the Michigan Elliott-Larsen Civil Rights Act, the Michigan Persons with Disabilities Civil Rights Act, the Michigan Whistleblowers’ Protection Act, the Michigan Payment of Wages and Fringe Benefits Act, the Michigan Disability Compensation Act, the Michigan Occupational Health and Safety Act, and any other pertinent federal and state statutes; B. In the event that the law prohibits a waiver of claims under any statute or regulation identified or referenced above, the Administrator acknowledges that she has no valid claim under such statute or regulation; ©. Claims for personal injury and/or damages of any kind, including those for infliction of emotional or mental distress, invasion of privacy, defamation, and/or injury to reputation; D. Any kind of contractual, legal, or equitable claim arising during and from her employment and/or resignation and separation from employment with the District, including (but not limited to) any and all of the circumstances leading to her resignation and separation pursuant to the terms of this Agreement; and. {00226605 Battle Creck Publie Schools/Linda Hieks Page of Suly 20, 2015F. Any relief, no matter how described, including, but not limited to attorney's fees, costs, interest, wages, back pay, compensatory damages, and punitive damages. ‘The Administrator and the Board understand and agree that this Agreement is a full and final accord and satisfaction between them as to any and all such claims. Provided, however, that either party may institute an action in any Michigan court of competent jurisdiction for redress of any breach of this Agreement. 10, Revocation, The Administrator acknowledges that she has been provided a period of ‘twenty-one (21) days during which to consider the terms of the Agreement before accepting and signing it. ‘A. If the Administrator signs this Agreement before expiration of the twenty-one (21)-day period, she represents that she has done so after consultation with legal counsel of her own choosing and not at the demand, advice, or suggestion of the District (including its individual Board members, officers, employees, and/or agents). B, The Administrator acknowledges that she is provided a period of seven (7) days following her execution of this Agreement within which to revoke the agreement to same. If the seventh (7%) day is a weekend or national holiday, the Administrator has until the next business day to revoke. If the Administrator elects to revoke this Agreement, she shall notify the Board, in writing, of her revocation. Any determination of whether the Administrator’s revocation was timely shall be determined by the date of actual receipt by the Board. . Any waiver of an age discrimination claim shall not be effective or enforceable ‘until after the seven (7)-day revocation period has expired. 11, Tenure Notice. The Administrator acknowledges and agrees that the receipt of the final executed copy of this Separation Agreement and Release constitutes full and complete notice of the Board's decision and notification of her rights as a tenured teacher to appeal the Board’s decision pursuant to the Michigan Teachers’ Tenure Act, MCL 38.71 ct seq. The ‘Administrator expressly acknowledges notification that Article VI (Right to Appeal), Section 1 of the Michigan Teachers’ Tenure Act, MCL 38.121, which states: “A teacher who has achieved continuing tenure status may appeal to the Tenure Commission any decision of a controlling board under this Act, other than a decision governed by Article IV on discharge or demotion or a teacher on continuing tenure, within 20 days from the date of the decision. The Tenure ‘Commission shall provide for a hearing on the appeal. Notice and conduct of the hearing shall be the same as provided in Article TV and in rules promulgated by the Tenure Commission.” 12. Attorney Consultation. The Administrator acknowledges that she is and therefore has been advised, in writing, to consult with an attomey of her choice before accepting and signing this Agreement. 13. Consultation. The Administrator additionally represents that she has carefully read. this Agreement in its entirety and has had a complete opportunity to consider fully the Agreements terms and to consult with members of her family, colleagues, legal counsel of her {00226685 }Battle Creck Public Schools/Linda Hicks Page 4 of uly 20, 2015selection, and tax advisors, as well as health care professionals and/or other medical personnel from whom she may receive services, about the advisability of entering into this Agreement and resigning her employment from the Board in all capacities. After undertaking such consultations (or having had adequate opportunity to do so), the Administrator has knowingly, voluntarily, and independently concluded that it is in her best interest to resign her employment with the Board in all capacities and to accept the terms and benefits set forth in this Agreement. 14, Voluntary Acceptance. ‘The parties acknowledge that they have carefully read and fully understand the provisions of this Agreement and have not relied upon any representation or statements, written or oral, not set forth in this document, The Administrator acknowledges that she has entered into this Agreement and has submitted her resignation voluntarily and has not been subjected to any duress, intimidation, or coercion for this matter by the District (including its individual officers, Board members, employees, and/or agents). 15. Compromise. This Agreement represents a compromise by the Administrator and the Board. The parties’ intent in entering into this Agreement is to avoid further proceedings, administrative action, or litigation. The parties’ execution of this Agreement does not represent, nor shall it be construed as, an acknowledgment or admission of any nature whatsoever about any matter arising from the Administrator's employment and/or resignation and separation of employment with the Board. The parties agree that this Agreement may be used as evidence only in a proceeding in which a party alleges a breach of this Agreement. 16. Nonprecedential. This Agreement shall not be considered as precedential by any party. 17. Choice of Law. This Agreement is to be construed at all times in accordance with and governed by the laws of the State of Michigan. 18. Separability. If a court of competent jurisdiction holds any provision of this Agreement illegal, void, or unenforceable, that provision shall be of no force or effect and shall not impair the enforceability and continued validity of any other provision. 19. Binding Effect. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns. 20. Modification. This Agreement may only be modified in writing, executed by all of the undersigned parties, and this provision can only be waived if so signed by all of the undersigned parties. 21, Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes and terminates any prior or concurrent agreements, written or oral, regarding its subject matter. This Agreement constitutes the sole and exclusive obligation of the parties to each other about the Administrator's separation from employment with the Board in alll eapacities. 22, Authorization. This Agreement is not effective until ratified by the Board of Education. The Board President and Secretary will recommend ratification. By their signatures below, the Board President and Board Secretary state that they are authorized to sign this Agreement on behalf of the Board and the District. {00226685 }Hattle Creck Publie Schools/Linda Hicks Pages of 8 July 20, 2015IN WITNESS THEREOF, the parties have executed this Agreement on the dates recorded below, by affixing their signatures as follows: ADMINISTRATOR BOARD OF EDUCATION OF THE BATTLE CREEK PUBLIC SCHOOLS Dated: July, 2015 —> gece & ‘Todd Stagner Its President Dated: July, By Scott Cubberiy Its Secretary (00226685 Wattle Creek PublieSchools/Linda Hicks Page 6 of 8 July 20, 2015