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
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
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,
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
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
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
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
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.
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
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,
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.
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
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
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
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
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.
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.
~&-"~ Paula Foley ~
ST. CLOUD ADMINISTRATORS' ASSOCIATION
INDEPENDENT SCHOOL DISTRICT NO. 742, ST. CLOUD
Date: ~ _ by _
School Board Chair
Date: _ by _
School Board Clerk
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.