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c' 4. Confidentiality. We understandthat the mediator must keepthe privatediscussions of this mediation confidential and we agree that we cannot subpoena him or his notes to testify about what he learned in these private meetings. 5. Costs. We understand that the cost of mediation will be paid by Employer, Independent School District No. 742. 6. Review. We have read and reviewed both pages of this agreement and we understand its terms. We have freely signed below to express our agreement to these terms. In the event of a dispute as to interpretation of the terms of this Mediated Settlement Agreement, the mediator shall decide the issue. 7. We Intend that this Memorandum shall bind each of us, and our settlement of this dispute is not dependent on execution of addition a', more comprehensive, settlement documents. While formal settlement documents may be prepared to facilitate the detail of our agreement contained herein, we agree that our agreements contained herein are fully enforceable against us. All persons signing this agreement have full authority to bind themselves, their organization or entity, their client or principal. Gerald W. Von Korff. SchoolBoard Member Independent School District No. 742, Employer Bruce Watkins, Superintendent Independent School District No. 742, Employer ." .. Tracy Bowe, Human Res.ourcesblrector Independent School District No. 742, Employer ,Kevin J. Rupp, Esq. Attorney for Employer S:\data002200\2205\MED SET AGRMT :2 ,> 7/1/2013 LEA VE OF ABSENCE AGREEMENT AND RELEASE OF CLAIMS This Leave of Absence Agreement and Release of Claims ("Agreement") is entered into by and between Paula Foley ("Foley"), the St. Cloud Administrators' Association ("Union"), and Independent School District No. 742, St. Cloud ("District"). WHEREAS, the District currently employs Foley as a principal; and WHEREAS, Foley and the District mutually desire to enter into a leave of absence agreement and to ensure that no potential claims or conflicts arise. NOW, THEREFORE, IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, including the relinquishment of certain legal rights, the parties agree as follows: 1. Leave of Absence: Foley requests and the District grants to her a leave of absence commencing July 1,2013 through June 30, 2015. During the leave of absence, the District will pay Foley at the annual rate 0£$104,380, subject to customary withholdings and payroll deductions. 2. Benefits: During the leave of absence, Foley shall be eligible for the following benefits contained in the current collective bargaining agreement between the District: a) Section 11.1 (Medical Insurance Plan), but excluding Subdivision 11.12 (Hospital Medical Insurance for Retirees and Disabled Administrators) b) Section 11.2 (Long-Term Disability) c) Section 11.3 (Life Insurance) d) Section 11.4 (Dental Insurance) 3. Employment Separation: Effective June 30, 2015, Foley will be deemed to have separated from employment with the District by mutual agreement. 4. No Representations or Guarantees Regarding TRA Benefits: The parties understand and agree that any issues regarding the benefits that Foley does or does not receive from Teachers RetirementAssociation ("TRA"), or TRA's treatment of this Agreement, including the granting of years of service credit, are strictly between Foley and TRA. The District, its Board members, employees, lawyers, 1 7/1/2013 representatives, and agents will have no responsibility or liability for such issues, and Foley hereby releases the District, its Board members, employees, lawyers, representatives, and agents as to any disputes, claims or any other matters arising out of such benefits, treatment, granting of service credit, or payments. 5. Future Employment: In the event that Foley begins employment, during the leave of absence, as a principal, director, assistant superintendent, superintendent, or other equivalent position with equivalent pay at another public, private, or c1tarter school, the District's obligation to pay wages to Foley under Section 1 of this Agreement and benefits under Section 2 of this Agreement shall immediately cease. If Foley begins employment in an equivalent position at a rate of pay less than her current salary, that pay shall be offset against the District's obligation under this paragraph. Foley must cooperate with the District in all respects, including providing relevant payroll information and signing any releases in order for the District to implement the provisions of this Section 5, including but not limited to verifying any such employment and determining the level of her position and wages. 6. No Further Claim to Benefits or Compensation: This Agreement satisfies all obligations between the parties, and Foley shall have no claim to any benefit or compensation beyond that which is provided in this Agreement. Except as stated in this Agreement, Foley hereby waives any and all rights to any other compensation or benefit contained in or derived from the current or any future eBA between the District and the Union, specifically including but not limited to: (1) The benefits provided by Article XI, Section 11.1, Subdivision 11.12 (Hospital Medical Insurance for Retirees and Disabled Administrators) of the current CBA or any similar provision contained in a future CBA and (2) The benefits provided by Article XVI (Retirement Pay/Wellness Pay/Tax Sheltered Annuities) of the current eBA or any simil8;.rprovision contained in a future CBA. 7. Release of Claims by Foley: The District has agreed to provide Foley with certain benefits and privileges that she would not otherwise be entitled to receive in the absence of this Agreement. In consideration for those benefits and privileges, and as an inducement for the District to enter into this Agreement, Foley hereby fully and completely releases, acquits, and forever discharges the District, its current and former School Board members, officers, employees, agents, representatives, insurers, attorneys, and other affiliates from any and all liability for any and all damages, actions, or claims-regardless of whether they are known Orunknown, direct or indirect, asserted or unasserted-that arise out of or relate to any action, decision, event, fact, or circumstance occurring before Foley signs this Agreement. Foley understands and agrees that by signing this Agreement she is waiving and releasing any and all claims, complaints, causes of action, and demands of any kind that are based on or arise under any federal or state law, including but not 2 7/1/2013 limited to the federal constitution, the state constitution, or any federal or state statute, regulation, rule, or common law. a. Foley understands and agrees that by signing this Agreement she is waiving and releasing any and all claims, complaints, causes of action, and demands of any kind that she may have based on any federal or state law including, but not limited to, the Minnesota Human Rights Act (Minn. Stat. ~~ 363A.Ol, et seq.) Title VII of the Civil Rights Act, Section 1983 of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Fair Labor Standards Act, the Employment Retirement Income Security Act, the Continuing Contract Law, and the Minnesota Government Data Practices Act. b. Foley understands and agrees that this release of all claims specifically includes, but is not limited to, any and all claims for defamation, wrongful discharge, breach of contract, violation of statute, due process, promissory estoppel, misrepresentation, fraud, infliction of emotional distress, retaliation or reprisal, discrimination, or harassment and claims based on any other law or theory, whether developed or undeveloped, arising out of or related to her employment with the District, her leave of absence, her separation from the District, or any decisions, practices, or actions taken by the District or its current and former School Board members, officers, directors, employees, agents, representatives, insurers, attorneys, or other affiliates. 8. Claims Not Waived: By signing this Agreement, Foley does not release or waive the following: (a) any rights or claims that are based on any events that occur after she signs this Agreement; (b) any right to institute legal action for the purpose of enforcing this Agreement; (c) any right to apply for unemployment compensation benefits, although the District may contest such a claim; (d) any claims arising under the Workers' Compensation Act, although the District or its insurer may contest such claims; or (e) any right to file a charge with a governmental agency, including the Equal Employment Opportunity Commission, although the District may contest such a charge and Foley agrees that she will not be able to recover any award of compensation, damages, or any other monies if she files a charge or complaint or has a charge or complaint filed on her behalf with any federal, state, or local government agency. 9. Acceptance Period: Foley has the right to review and consider this Agreement for a period of twenty-one (21) calendar days after receiving it. Foley is advised to seek the advice of legal counsel regarding this Agreement. If Foley signs this Agreement before twenty-one (21) days have elapsed from the date on which she 3 7/1/2013 first received a copy of the Agreement to review, she will be voluntarily waiving her right to the twenty-one (21) day review period. 10. Revocation Under the AD EA: Foley recognizes that by signing this Agreement she is waiving and releasing any employment discrimination, retaliation, or other claims that she might have under the Age Discrimination in Employment Act ("ADEA"). After Foley signs this Agreement, she will have seven (7) calendar days to revoke her waiver and release of any claims arising under the ADEA. This right of revocation applies only to claims arising under the ADEA. For a revocation of claims under the ADEA to be effective, it must be delivered to Tracy Bowe, Executive Director of Human Resources, Independent School District No. th 742, 1000-44 Avenue North, Suite 100,St. Cloud, MN 56303, either personally or by United States mail within the seven-day period. If delivered by mail, the revocation must be postmarked within the seven-day period, properly addressed to Ms. Bowe, and sent by certified mail, return receipt requested. 11. Rescission Under the MHRA: Foley recognizes that by signing this Agreement she is waiving and releasing any employment discrimination and retaliation claims that she might have under the Minnesota Human Rights Act ("MHRA"). Under the MHRA (Minnesota Statutes section 363A.31), Foley has the right to rescind her release of claims in writing within fifteen (I 5) calendar days after signing it. This right of rescission applies only to any claims arising under the MHRA. For a rescission of claims arising under the MHRA to be effective, it must be delivered to Tracy Bowe, Executive Director of Human Resources, Independent School th District No. 742, 1000-44 Avenue North, Suite 100, St. Cloud, MN 56303 either personally or by United States mail within the fifteen-day period. If delivered by mail, the rescission must be postmarked within the fifteen-day period, properly addressed toMs. Bowe, and sent by certified mail, return receipt requested. 12. Effect of Rescission: If Foley rescinds any part of the Release of All Claims, the. remainder of the Release of Claims and all other provisions of this Agreement will continue to be in effect. 13. Release of Claims by the District: Foley has agreed to provide the District with certain benefits and privileges that it would not otherwise be entitled to receive in the absence of this Agreement. In consideration for those benefits and privileges, and as an inducement for Foley to enter into this Agreement, the District hereby fully and completely releases, acquits, and forever discharges Foley and her heirs and assigns from any and all liability for any and all damages, actions, or claims- regardless of whether they are known or unknown, direct or indirect, asserted or unasserted-that arise out of or relate to any action, decision, event, fact, or circumstance occurring before the District signs this Agreement; provided, 4 7/1/2013 however, that any claims for conversion, misappropriation, or theft of public funds are not released. The District understands and agrees that by signing this Agreement it is, except as noted immediately above, waiving and releasing any and all claims, complaints, causes of action, and demands of any kind that are based on or arise under any federal or state law, including but not limited to the federal constitution, the state constitution, or any federal or state statute, regulation, rule, or common law. 14. Involvement with District: Foley will not be involved with the District in any way, whether as an applicant for employment, employee, or otherwise. She may enter on District grounds in connection with her own children's school activities but, otherwise, may not be on District grounds unless she receives a written invitation from the District's Superintendent or designee. Foley will refrain from directly attempting to engage District employees or parents or students in negative campaigns or actions regarding District affairs. Foley will not retaliate against any person she knows or believes to have raised concerns ortook acti~ns involving, her employment. This Section shall be in effective only until June 30, 2015. 15. No Precedent or Past Practice: Nothing in this Agreement may be deemed to establish a precedent or practice or to alter any existing precedent or practice arising out of or relating to any collective bargaining agreement between the District and the Union. No party may refer to this Agreement or submit it in any proceeding or case as evidence of a precedent or practice. 16. Joint Statement: Foley and the District agree that the Joint Statement, attached to this Agreement as Appendix A, is a mutual and voluntary statement. The District shall issue and make .available the Joint Statement to the public. 17. Private Data: Foley acknowledges that in the course of her employment she has had access to educational data and personnel data, which are private under federal and state law. Foley may hot disclose or make such information available to any third person, unless specifically authorized to do so by Court order or by the District's Superintendent or designee. 18. Government Data Practices Act: Foley recognizes and acknowledges the District's right, duty, and obligation to comply with the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, and its rules, regulations, and IPAD interpretations, with respect to data relating to her employment with the District. During the two-year term of this agreement, the School District will notify Foley of any requests for data relating to Foley and provide Foley with at least five working days in advance of the District responding to such requests. 5 7/1/2013 19. Voluntary Agreement: The parties acknowledge that no person has exerted undue pressure on them to sign this Agreement. Each party is voluntarily choosing to enter into this Agreement because of the benefits that are provided under this Agreement. 20. Responsibility for Costs: Each party is responsible for its own costs, expenses, and any attorney fees associated with this Agreement. 21. Choice of Law, Forum and Severability: This Agreement is governed by the laws of the State of Minnesota regardless of Foley's domicile or status as a resident of Minnesota or any other state. The parties agree that the Minnesota state and federal courts will have exclusive jurisdiction over any dispute arising out of this Agreement. If a court determines that any part of this Agreement is unlawful or unenforceable, the remaining portions of the Agreement will remain in full force and effect. 22. Equal Drafting: In the event any party asserts that a provision of this Agreement is ambiguous, the Agreement must be construed to have been drafted equally by the parties. 23. Binding Arbitration: The parties agree that any claim, dispute or controversy regarding the terms and conditions of this agreement, shall be resolved in binding arbitration with Kim Pennington hereby appointed by mutual agreement as the arbitrator. 24. Entire Agreement: This Agreement constitutes the entire agreement between the parties relating to Foley's employment with the District. This Agreement supersedes any inconsistent provisions in any other document, including, but not limited to, the collective bargaining agreement, any applicable Distrlct policies, and any handbook provisions covering Foley's employment. No party has relied upon any statements, promises, or representations that are not stated in this document. No changes to this Agreement are valid unless they are in writing and signed by all parties. This Agreement may be signed in counterparts, and a copy of this Agreement will have the same legal effect as the original. This Agreement shall not become effective until it has been approved by a majority of the District's School Board. 6 7/1/2013 By signing below~ each party specifically acknowledges that it has read this Agreement; that it has been advised to review the terms of this Agreement with legal counsel; and that it understands and voluntarily agrees to be legally bound by all terms of the Agreement. Date: ~&-"~ Paula Foley ~ ST. CLOUD ADMINISTRATORS' ASSOCIATION by _ Authorized Representative INDEPENDENT SCHOOL DISTRICT NO. 742, ST. CLOUD Date: ~ _ by _ School Board Chair Date: _ by _ School Board Clerk 7 ,< JOINT STATEMENT This statement is being issued jointly by Paula Foley and the St. Cloud Public School District. It is our effort to explain to the St. Cloud community what has and is happening with respect to the climate at Westwood School and Ms. Foley's employment with the School District. The Superintendent has both the right and the responsibility to address serious staff climate issues that have been reported at Westwood under Ms. Foley's leadership. Toward that end, the school district appropriately considered and evaluated the principal's conduct and leadership in regard to those issues, a result of which is that both the District and Ms. Foley have considered remedial measures related thereto, m~ consideration of Ms. Foley's long tenure as an administrator in the School District. While Ms. Foley has demonstrated great dedication to children and a passion for educational leadership work, Ms. Foley acknowledges her role in not accomplishing the climate goals targeted by the superintendent, performance of which the Board of Education finds to be consistent with the expected management practices and performance standards for a principal in the District Ms. Foley has requested, and the District has agreed, to an extended leave from the District. Thank you to all who have contacted the District and Ms. Foley regarding your concern about this situation. The Board of Education and Ms. Foley are certain this is the best for outcome all involved persons.
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