separation agreement for david hamilton
TRANSCRIPT
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8/18/2019 Separation agreement for David Hamilton
1/8
SEPARATION
AGREEMENT
This
Separation Agreement
( Agreement )
is
made
between
the
Baldwinsville Central
School
District,
23 East Oneida
Street, Baldwinsville,
New
York
13027
( Districf')
and David
Ilamilton
( Dr.
Hamilton ).
As
used
in
this
Agreement,
the term
District
shall
mean
and
include the
Baldwinsville
Central
School
District,
its
Board of Education,
all
former
and current
individual Board
members, ail former
and
current
employees,
and agents
(in
their
individual
and
representative capacity);
the
termooDr. Hamilton
shall inciude David
Hamilton
and
his
heirs,
executors,
administrators, and
assigns.
R.ECITALS
A. Dr. Hamilton
and the District are
parties
to an
Employment
Agreement,
dated
June 2, 2014,
providing
that
Dr. Hamilton will
be
employed
as the District's Superintendent
for
the
term of July
1,2014
through
June 30, 2017.
The Employment
Agreement
also
provides
at
Section 20(a)(iii) that
it
may
be
terminated upon
such
written
terms and conditions
mutually
agreed
upon
by
the
Board
and
the Superintendent.
B. The Board of
Education
has
determined that
the
Distict
should move in a
different direction
with respect
to
instructional leadership.
C.
Dr.
Hamilton
has decided to resign from
his
employment
with
the
District.
Dr.
Hamilton
and the
District
have agreed that Dr.
Hamilton will
separate
from his
employment
with
the
District
pursuant
to the terms
of
this Agreement.
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8/18/2019 Separation agreement for David Hamilton
2/8
AGREEMENT
1.
Separation Date.
Dr.
Hamilton's
last day
of
employment
with the
District
will
be
April 4,2016.
Upon
execution of this
Agreement,
Dr.
Hamilton
will execute and
submit to
the District
the letter
of resignation
attached
to this Agreement
as Attachment
A
effective at the
close of
business
on April 4,2016.
2.
Nullification
of
Employment
Asreement.
It
is agreed
that the Employment
Agreement,
dated
June
2,
2014, entered
into
between the
District
and Dr. Hamilton, will become
null
and void,
and superseded by
this Agreement,
upon
the effective date of this Agreement.
Following
his
separation from
employment
on
April
4,2016,
Dr. Hamilton
will
not be
eligible
for
any
palments
or benefits from the District
except
those expressly
provided
for
in
this
Agreement.
3. Separation
Benefits.
In
consideration
for the terms
of this
Agreement, the
District
agrees
to
provide
Dr. Hamilton
with the following
separation benefits:
a.
The
District
will
make
gross
monthly
payments
to Dr. Hamilton in the
amount
of
Thirteen
Thousand Four Hundred
Sixty Nine and
201100
Dollars
($
13,469.20)
on
Aprrl29,20l6,May
27,2016 and June23,2016
minus applicable New
York
State
and Federal
income
tax and other withholdings.
For the
period
July 1, 2016
through December 31, 2016, the
District
will
make monthly
payments,
corresponding
with
the last
payroll
date of
each
month,
in
the
gross
amount of Fourteen Thousand Five Hundred
Ninety One 671100
Dollars
($
14,591 .67)
minus applicable
New
York
State and Federal income tax and other
withholdings.
This sum
represents
the
amount that
Dr. Hamilton would
have
been
paid
under the terms of the
employment
agreement from
Julyl,
2016 through December 31,
2016.In
the
event
that
Dr.
Hamilton is not otherwise employed on January
L,2017
and
through the
period
ending June
30,
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2017,
the
District
shall make
monthly
payments,
corresponding
with
the last
payroll
date
of each
month,
in
the
gross
amount
of
Fourteen
Thousand
Five Hundred
Ninety One 671100
Dollars
($
14,591.670)
representing the
amount
that
Dr. Hamilton
would have been
paid
under the terms
of
the
employment
agreement
for
those
months.
In
the
event that
Dr. Hamilton
is employed
from January
1,2017
through
June 30, 2017, the amount
paid
to Dr. Hamilton
under
the
terms
of
this Agreement shall
be reduced
by
the amount otherwise
earned by Dr.
Hamilton.
The
District
may
request
and Dr.
Hamilton
agrees
to provide payroll
information for
the
period
January
1,
2017
through
June 30,2A17.
b. The
District
agree
to
pay
Dr.
Hamiiton Eight Thousand Three Hundred
Ninety
Dollars
and 11/100
($8,390.i7)
minus applicable
withholdings representing
accrued
unused vacation
days. Such
payment
shall
be made
in a
separate
check
with
in thirty
(30)
days
from
the date
of
resignation.
c. Provided Dr. Hamilton elects COBRA coverage, the
District
will
pay
Dr.
Hamilton's
COBRA
premiums
to
provide
Dr.
Hamiiton
with
family
coverage
in the
District's
group health
insurance
plan that is available
to
other
District
employees,
for
a
maximum
period
of ending June 30,
2017,or
until Dr.
Hamilton
becomes
eligible
for
comparable
insurance
coverage, whichever is
sooner. This continued health
insurance
benefit
will
be
at
the same
cost-
sharing arrangement
in
place
in
Dr.
Hamilton's
Employment Agreement
and
at
the
same
cost
as
paid
by
District
employees enrolled at the same
time in the
same
coverage. ln the
event the
District
provides payment
of
COBRA
premiums
after salary
continuation
payments
cease, Dr.
Hamilton
will be
responsible for
pay.rnent
of his
cost-sharing
portion
of
the
premiums
in order
to
maintain
coverage.
For
purposes
of this
Agreement, the
District's
group
health insurance
plan is
defined
as
medical
insurance
and dental
insurance.
If,
prior
to June 30,2017
,
Dr.
Hamilton
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becomes
eligible
for insurance
coverage that
is not
comparable
in
cost to the
District's
coverage
and comparable in
benefits
( comparable
benefits
is
defined as medical, dental and
optical
coverage) at the
same time, the District
will
pay
the difference
in
costs and/or will
provide
comparable benefits
until June 30,2017.
d. No Other Palrments.
There
are
no other
payments
of income or benefits
required
under this separation
agreement and Dr.
Hamilton
expressly waives any such
entitlements for the
payment
of any
sums of money
for
accrued
vacation, sick
or
personal
leave
contained
in
his employment
agreement or
as
available
to other departing employees
of
the
District
pursuant
to any
District
Policy
regarding same.
4.
Indemnification.
The Board shall
provide
legal
counsel
and
indemnify Dr,
Hamilton
against any
and all reasonable
costs and expenses, as well as all cost and damages
adjudged against him,
arising out of any
proceeding,
claim,
demand, suit, or
judgment
as
provided
in
section 3 8
1 1
and
3
028 of
the Education
Law, including
but
not limited
to,
by reason
of alleged negligence
or other conduct resulting
in
bodily
injury
or other
injury
to any
person
committed
while
Dr.
Hamilton
acted within
the
scope
of
his
employment
or
at the direction
of
the
Board;
provided
Dr. Hamilton
gives
written notice to the Board
within
ten days
after
commencement
of
any
such action or
proceeding.
If
a conflict
exists
as regards the defense
of
such claim between the legal
position
of
Dr.
Hamilton
and the legal
position
of the District,
the
Superintendent may
engage in
counsel
in which event the District shall indemnify
Dr.
Hamilton
Hamilton
for
the cost of legal
fees.
5. Release by
Dr. Hamilton.
a. Dr. Hamilton,
for
and
in consideration
of the agreements
made by
the
District, as set
forth herein,
and
other
good
and
valuable consideration, unconditionally
releases
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and discharges
the
District
to the
fullest
extent
permitted
by
law from any and all
causes
of
action,
suits, damages,
claims,
proceedings,
and
demands that he may have against the
District,
asserted
or unasserted,
directly
or indirectly,
whether
known or unknown,
including
but
not
limited
to,
those
arising
out
of
or
related
in
any
way,
to
his
employment
with
the
District
or
his
separation
from employment,
including, but not
limited
to, any and all
claims
arising
under
the
Age
Discrimination
in
Employment
Act,
the
New
York
Human
Rights Law, the Family and
Medical
Leave Act, the
Americans
with
Disabilities
Act,
Title
VII
of
the Civil
Rights
Act,
and
any and
all local, state, and federal statutes,
breach
of contract
claims, tort claims,
any claims
in
law
or
equity,
and all claims
for
attorneys'
fees,
disbursements, and costs
with
the exception
of
a
claim or suit
to enforce this agreement.
This Release covers
all claims
that Dr. Hamilton
has
against the
District as of
the
date of the signing of
this Agreement, whether
asserted
or
unasserted,
directly
or
indirectly,
or
known
or
unknown.
b. Dr.
Hamilton
understands
that
nothing
in.this
Release or this
Agreement
generally prevents
him
from
filing
a
Charge
(including
a
challenge
to
the validity
of this
Agreement)
with
the Equal
Employment Opportunity
Commission
( EEOC )
or
participating
in
any investigation
or
proceeding
conducted
by the EEOC.
However,
Dr. Hamilton
understands
and
agrees
that
he
is waiving
any right
to recover
any monetary
relief as
a
result
of
any such
EEOC
proceeding
or any
subsequent
legal
action brought
by
the EEOC
or
any
other
agency
or entity on his
behalf.
c. Dr.
Hamilton
acknowledges
that he
fully
understands
and agrees
that
this
Separation
Agreement
may be
pled
by
the District
as a
complete
defense
to any
and
all claims
for damages,
including
affomeys'
fees,
that
he may
be entitled
to as a
result of
his employment
with
the
District
with
the
exception
of
a
claim
or suit
to enforce
this
agreement.
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6.
Acknowledsments.
Dr, Hamilton
further
acknowledges:
a. he
has
read,
understands, and has
knowingly and
voluntarily
entered into
this
Agreement;
b.
he
has
been
afforded
twenty-one
(21)
days
to
consider
and
review
the
terms
of
this Agreement before executing
it and understands
he may waive
a
portion
or all
of
the
twenty-one
(21)
days
afforded
to him;
c.
he has been afforded an
opportunity to
consult with
an
attomey
prior
to
executing this
Agreement
and he
has consulted
with
Jacinda
Conboy,
Esq. regarding the terms
of this Agreement; and
d. he has seven
(7)
days
following
his execution of this Agreement
to
revoke the Agreement, and the Agreement
will
not
become
effective
or enforceable until
the
seven
(7)
day
period
has expired.
Revocation will
be
effective
if
written notice
of revocation
is delivered
within
seven
(7)
days of Dr.
Hamilton's
execution
of
this Agreement to
Victor
Jenkins,
President, Board of Education, Baldwinsville Central
School
District,
29 East Oneida
Street,
Baldwinsville, New
York
L3027.
7.
Release
bv
District.
The
District, for
and
in
consideration
of
the agreements
made
by Dr. Hamilton,
as set
forth herein,
and other
good
and
valuable
consideration,
hereby
releases
and forever
discharges,
and
by this
instrument
does
release and forever
discharge
Dr.
Hamilton
of and
from
all actions,
causes of
action,
suits,
charges, complaints,
proceedings,
grievances,
obligations,
costs, losses, damages,
injuries,
attorneys' fees, debts,
dues, sums
of
money, accounts,
covenants,
contracts,
controversies,
agreernents
and
promises
of any
form
whatsoever
(collectively
referred
to as
claims )
including,
but not
limited
to, any
claims
in
law,
equity,
contract,
tort
or those claims
which
were or could
have been
alleged
up
until
the
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date of execution
of this Agreement,
or
any claims
arising
under any and
all
federal,
state,
county
or
local
statutes,
laws,
rules
and regulations
pertaining
to
employnent,
as well as any
and all claims
under
state
or federal contract
or
tort law
against
Dr. Hamilton,
known or
unknown claims,
excluding
any claims
which
arise
from
any
criminal
act,
receipt
of
monies,
or any other
act
involving
the
illegal
or unauthorized
receipt
of monies or
things of value
of
the District by Dr. Hamilton,
by his
own
acts.
8. Letter of Refqrence.
The
District
agrees
to
provide
Dr. Hamilton
with the
letter
of
reference
attached to
this Agreement
as Attachment
B, which
will
contain his
dates
of
employment
with
the District, the
position
held
and
his
annual salary as it
was
paid
on the date
of
his
resignation.
The
letter
will
also
indicate
that
Dr.
Hamilton voluntarily
resigned. In
response to an employment
inquiry, the
District
will only
provide
information
which
is
consistent with the attached
letter of
reference.
The
Parties
have
agreed upon
the
public
statement
annexed to
this
Agreement
as
Attachment
C.
9.
No-Ad.mission,of
Wronsdoins.
This Agreement
shall not
constitute
or
be
construed
as
an
admission by the Board
of
Education or
Dr. Hamilton
of
any wrongdoing,
error or omission whatsoever,
or with
respect
to their respective relationship
or any legal
obligations or
authority
regarding
same.
10.
Non-Disnarasement.
Dr. Hamilton
and the District's Board of Education agree
that they will not make
or
publish
any
written
or oral false
statement or
remark,
including, but
not limited
to,
derogatory
mmors,
allegations, negative reports
or comments,
which
are
disparaging, deleterious, or damaging
to the integrity, reputation, or
goodwiil
of
the
District,
or
Dr.
Hamilton.
In
response
to
any
inquiries the
District will be
limited
to its
public
statement
and
letter of reference attached
hereto.
It
is
understood that
Dr. Hamilton
will
be
actively
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pursuing
future employment and may
respond to
inquiries
from future ernployers regarding
the
reasons
he left employment
with
the
District.
11.
Return
of
District Prope{$y.
Dr.
Hamilton
agrees
to return to
the
District
all
District
equipment, records,
and
property in
his
possession
by no later than
April
4,
2016.
12.
Governins
Law.
This Agreement
shall be construed and
enforced in
accordance with and
govemed
by the laws
of the State of New York.
13.
Entire Aereement.
This
Agreement
represents
the entire
agreement
and
understanding
of the
parties
and
supersedes
all
prior
agreements or understandings, whether
oral
or written.
The
parties
acknowledge
that
no representation,
promise,
inducement,
or
statement
of
intention has been made
by
any
party
to
this AgreemenJ that is not
embodied in the
Agreement and agree that no
party
should be
bound
by,
or
liable for,
any alleged
misrepresentation,
promise,
inducement,
or statement of intention not
set
forth in
this
Agreement.
14.
Construction
and
Severabilify.
Other
than
paragraph
5(a),
the
invalidity
of any
one
or more
provisions of
this Agreement
or
any
part thereof shall not
affect
the
validity
of
any
other
provisions
to this Agreement;
in the
event that
one
or
more
provisions
contained herein
shall
be invalid,
as
determined
by a court of
competent
jurisdiction,
the court shall have
authority
to modify
such
provision
in a
manner that most closely reflects
the intent of
the
parties
and
is
valid.
In
the event that any terms
or
part
of
paragraph
5(a) are
found to
be
invalid, the
entire Agreement
shall be void.
15. Amendment.
This
Agreement
may
not be amended or
modified except
in
writing signed
by both
parties.
I