Lathan Separation Agreement
Lathan Separation Agreement
Lathan Separation Agreement
This SEPARATION AGREEMENT (the Agreement) made and entered into this 30th
day of June, 2015, between DR. GRENITA F. LATHAN (the Superintendent) and the
BOARD OF EDUCATION OF THE CITY OF PEORIA, SCHOOL DISTRICT NO. 150,
Peoria County, Illinois, (the Board or the District).
W I T N E S S E T H:
WHEREAS, the Superintendent, on the date of execution of this Agreement, is
employed by the Board as Superintendent;
WHEREAS, the Superintendent has voluntarily elected to resign from the District
effective August 7, 2015;
WHEREAS, the Superintendent has submitted her irrevocable intent to resign effective
August 7, 2015 which is attached hereto as Exhibit A, was accepted by the Board on the date of
execution of this Agreement; and
WHEREAS, the Superintendent and the Board are mutually agreeable to entering into
this Agreement which confirms the terms and conditions of the Superintendents resignation and
releases and waives any charges, grievances, lawsuits, claims, or other potential litigation
between the parties.
NOW, THEREFORE, in consideration of the promises and mutual agreements of the
parties, it is hereby agreed by the Board and the Superintendent as follows:
SECTION 1. RESIGNATION
The Superintendent agrees to resign from her position of Superintendent effective August
7, 2015 and releases and waives any and all contractual rights extending after August 7, 2015 to
June 30, 2016 under the Superintendents current employment contract currently in effect, other
than the payments provided in Section 2 of this Agreement.
SECTION 2. CONTRACTUAL PAYMENTS AND OTHER CONSIDERATION
In complete and final settlement of any and all claims, actions, causes of action and
demands that the Superintendent may now have or that may inure to the Superintendent arising
out of or in any way connected with, directly or indirectly, the employment of the
Superintendent, the Board hereby agrees as follows:
A.
To provide all compensation and benefits through August 7, 2015 as set forth in
the Superintendents Contract, as approved on June 18, 2012. From July 1,
2015 through August 7, 2015, the Superintendent shall utilize earned unused
vacation days with no expectation of physical presence at the School District
while utilizing said earned unused vacation days.
B.
To provide payment for sixty seven (67) unused accumulated vacation days, less
applicable withholdings, pursuant to the Illinois Wage Payment and Collection
Act. Said payment shall be due and paid five (5) days after the Superintendents
last day of work or receipt of her last paycheck, whichever date is later
C.
To submit eighty seven and half (87.5) sick days to the Teacher Retirement
System for creditable service. Said submission shall occur upon the Districts
annual report to TRS.
D.
In complete and final settlement of any and all claims, actions, causes of action and
demands that the Board may now have or that may inure to the Board arising out of or in any
way connected with, directly or indirectly, the employment of the Superintendent, the
Superintendent hereby agrees as follows:
A.
B.
staff up through August 7, 2015 or until which time the Board approves and
appoints an interim superintendent.
C.
To aid in the transition in school leadership between herself and the interim
superintendent as reasonably necessary between July 1, 2015 and August 7, 2015.
wrongful discharge, intentional infliction of emotional distress, loss of consortium or any other
matter.
This General Release and Waiver of Claims does not apply to any action to enforce this
Agreement.
opportunity to, or has consulted with such counsel, prior to executing this Agreement and does
hereby relinquish and waive all legal and equitable remedies provided under the Age
Discrimination in Employment Act, as amended 29 U.S.C. 621 et seq.
Further, the
Superintendent acknowledges that she has been informed of and understands all rights and
claims pursuant to the Older Workers Benefit Protection Act of 1990, P.L. 101-433, including,
without limitation the following:
A.
That, by virtue of entering into this Agreement, the Superintendent does not waive
any rights or claims that may arise after the date of execution of this Agreement,
or to the enforcement of this Agreement;
B.
That the Superintendent waives her rights and claims only in exchange for
consideration in addition to anything in value to which she already is entitled to
arising out of her employment relationship with the District;
C.
That the Superintendent has twenty-one (21) days within which to consider this
Agreement; and
D.
That for a period of seven (7) days following the execution of this Agreement, the
Superintendent may revoke this Agreement, and the Agreement shall not become
effective or enforceable until the revocation period has expired. The eighth day
following the Superintendents execution of this Agreement shall be the ADEA
Effective Date of this Agreement.
SECTION 6. NO FAULT
This Agreement is not to be construed or used as an admission of any wrong-doing
and/or liability whatsoever by or on behalf of the Superintendent and/or Board, as each of the
undersigned expressly deny any and all liability or wrong doing in connection with disputed
issues.
SECTION 7. INDEMNIFICATION.
The Board agrees that it shall indemnify and protect the Superintendent against any and
all demands, claims, suits, actions, and legal proceedings as required by Section 10-20.20 of the
School Code (105 ILCS 5/10-20.20). Notwithstanding the foregoing, it is expressly understood
that in no case will individual Board members be considered personally liable for indemnifying
the Superintendent against such demands, claims, suits, actions, and legal proceedings. If the
Superintendent is required to return to the District in regard to any all demands, claims, suits,
actions and legal proceedings, the District shall pay for the related business expenses, including
but not limited to travel and legal representation expenses.
SUPERINTENDENT
______________________________
BOARD OF EDUCATION OF
PEORIA SCHOOL DISTRICT NO. 150
PEORIA COUNTY, ILLINOIS
By: ______________________________
President
__________________________________
Secretary
EXHIBIT A
July __, 2015
Board of Education
Peoria School District No. 150
Dear Members of the Board of Education,
The purpose of this letter is to tender my intent to resign from School District No. 150 effective
August 7, 2015.
It has been my honor to lead and serve the students and community. I look forward to the
continued success of the District.
Sincerely,
EXHIBIT B
July ___, 2015
Respectfully,
______________________________
President, Board of Education Peoria School District No. 150
EXHIBIT C
Press Release
On July ___, 2015, by mutual agreement, the Board of Education of Peoria School District No.
150 and Superintendent, Dr. Grenita F. Lathan, decided to end their contractual relationship. It is
important to the parties that this is not a result of fault or misconduct of either Party, but rather
best be described as philosophical differences as well as a change in political direction and
approach of the Board that could not be reconciled.
The Board of Education thanks Dr. Lathan for her time, commitment and dedication toward the
successful achievement and growth of our students and the community of School District No.
150. In turn, Dr. Lathan would like to commend the Community, Parents, Board of Education,
Administration, Staff and students for their commitment and loyalty to maximize the success of
all students.