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The separation agreement between DeKalb District 428 Superintendent and the district, which will pay Moeller until his retirement on April 30. The District 428 school board is set to vote on the agreement on Tuesday, Feb. 7.
The separation agreement between DeKalb District 428 Superintendent and the district, which will pay Moeller until his retirement on April 30. The District 428 school board is set to vote on the agreement on Tuesday, Feb. 7.
The separation agreement between DeKalb District 428 Superintendent and the district, which will pay Moeller until his retirement on April 30. The District 428 school board is set to vote on the agreement on Tuesday, Feb. 7.
SETTLEMENT AGREEMENT AND RELEASE
THIS SETTLEMENT AGREEMENT AND RELEASE (the "Agreement"), made and
entered into this day of , 2017, between Dr. Douglas J. Moeller
(hereinafter "Dr. Moeller") and the Board of Education of DeKalb Community Unit School
District No. 428, DeKalb County, Illinois (hereinafter the "Board" or the "School District").
WITNESSETH:
WHEREAS, Dr. Moeller, on the date of execution of this Agreement, is employed by the
Board as Superintendent;
WHEREAS, disputes have arisen regarding the employment of Dr. Moeller with the
District;
WHEREAS, Dr. Moeller has submitted his irrevocable intent to retire from his position
effective upon the approval and execution of this Agreement, which is attached hereto as Exhibit
A and was accepted by the Board; and
WHEREAS, Dr. Moeller and the Board are mutually agreeable to entering into this
Agreement, which confirms the terms and conditions of Dr. Moeller's retirement 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, itis hereby agreed by the Board and Dr. Moeller as follows:
SECTION 1. RETIREMENT
Dr. Moeller agrees to retire from his position with the District effective April 30, 2017.
SECTION 2. CONTRACTUAL PAYMENTS AND OTHER CONSIDERATION
In consideration of Dr. Moeller’s execution of this Agreement and full release and
discharge as set forth in Sections 2 and 3 of this Agreement, Dr. Moeller shall be removed from
his role as Superintendent and will be reassigned at the Board's discretion to duties and
responsibilities that would require a Professional Educator's License with an Administrator's
endorsement (the "Duties") until April 30, 2017. In exchange for the performance of the Duties,
Dr. Moeller shall receive all pay consistent with the District's normal pay schedule. Dr. Moeller
agrees to retire effective April 30, 2017, see Exhibit A to this Agreement,
‘A. Dr. Moeller shall remain an employee of the District until his effective retirement
date of April 30, 2017, which shall entitle him to receive all compensation and
15161124804 0900277benefits through the date of April 30, 2017, as set forth in the "Superintendent's
Contract," as approved on May 6, 2014.
B. To provide payment for fifteen (15) unused accumulated vacation days for the
2016-2017 contract year, less applicable withholdings, pursuant to the Illinois
Wage Payment and Collection Act. Said payment shall be due and paid ten (10)
days afier Dr. Moeller's last day of work or receipt of his last paycheck for regular
earnings, whichever date is later.
C. To provide and pay continued health insurance benefits for Dr. Moeller and
eligible dependents as set forth in the "Superintendent's Contract," as approved on
May 6, 2014, from the date of this Agreement until April 30, 2017. Alternatively,
if continued health insurance is not available, Dr. Moeller may exercise his rights
under federal COBRA laws and any applicable state insurance continuation laws
to elect continuation coverage whereby the Board shall provide payment for such
coverage until April 30, 2017.
SECTION 3. GENERAL RELEASE AND WAIVER OF CLAIMS
In consideration of the payments and benefits set forth in Section 2 above, Dr. Moeller,
for himself and his agents, representatives, attorneys, assigns, heirs, executors, and
administrators, and the Board, including its individual members acting in their official capacity
as Board members, fully and mutually release each other from any and all liability, claims,
demands, actions, causes of action, suits, grievances, debts, sums of money, agreements,
promises, damages, costs, expenses, attomneys' fees, and remedies of any type, whether concealed
or not concealed, known or unknown, regarding any act or failure to act that occurred during the
employment of Dr. Moeller, including, without limitation, any claims related to Dr. Moeller’s
employment, tenure or retirement of employment from the Board, and including but not limited
to all claims actions or liability under (1) the School Code (including, but not limited to, Section
10-224 and Sections 24-11 and 24-12 thereof); (2) Title VII of the Civil Rights Act of 1964, the
Civil Rights Act of 1991, the Civil Rights Act of 1866 (42 U.S.C. §1981), the Equal Pay Act, the
Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and
Medical Leave Act, and the Ilinois Human Rights Act; (3) any other federal, state, or local
statute, ordinance, or regulation regarding employment, compensation, employee benefits,
tenure, termination of employment, or discrimination in employment; and (4) the common law of
1a161 124004 0800277any state relating to employment contracts, tenure, wrongful discharge, intentional infliction of
emotional distress, loss of consortium or any other matter.
Nothing in this General Release and Waiver of Claims or this Agreement shall prohibit
Dr. Moeller from filing a charge with any government agency or from participating in the
investigation of any such charge. Dr. Moeller retains the right to file charges and participate in
investigations with the Equal Employment Opportunity Commission (EEOC) with respect to its
enforcement of Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act
and the Age Discrimination in Employment Act; the National Labor Relation Board with respect
to Section 7 and other rights under the National Act Labor Relations; or any other federal, state
or local administrative agency charged with enforcing laws governing the employment
relationship, Dr. Moeller does, however, waive the right to seck reinstatement, damages,
remedies or other individual relief as to any claims that he has released under this Agreement,
This Release also does not prohibit Dr. Moeller from enforcing the obligations of this Agreement
and does not include any claim that Dr. Moeller cannot waive as a matter of law.
SECTION 4. RELEASE FROM AGE DISCRIMINATION CLAIM
‘The Board hereby advises Dr. Moeller to consult with an attomey prior to executing this
Agreement. Dr. Moeller acknowledges that he has been given the 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, Dr. Moeller acknowledges that he has been
informed of and understands all rights and claims pursuant to the Older Worker's Protection Act
of 1990, P.L. 101-433, including, without limitation the following:
A. That, by virtue of entering into this Agreement, Dr. Moeller 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 Dr. Moeller waives his rights and claims only in exchange for consideration
in addition to anything in value to which he already is entitled arising out of his
employment relationship with the District;
C. That Dr. Moeller has twenty-one (21) days within which to consider this
Agreement; and
1316112466 0800277D. That for a period of seven (7) days following the execution of this Agreement, Dr.
Moeller may revoke this Agreement, and the Agreement shall not become
effective or enforceable until the revocation period has expired, The eighth (8")
day following Dr. Moeller’s execution of this Agreement shall be the "ADEA
Effective Date" of this Agreement.
If a court of competent jurisdiction were to determine that the aforementioned age
discrimination waiver was invalid, unenforceable, or ineffective, the age discrimination waiver
shall be deemed severable, and all other provisions, terms and clauses of this Agreement shall
remain valid and binding upon all the parties hereto,
SECTION 5. NON-DISPARAGEMENT
Dr. Moeller will not engage, or cause others to engage in, conduct that disparages the
Board or its individual members unless required under law or in defense of a legal matter. The
Board, including its individual members, will not engage, or cause others to engage in conduct
that disparages Dr. Moeller unless required under law, by Board policy or in defense of a legal
matter, The Parties agree not to thereafter make any oral or written statement to any third party
that defames the Superintendent, Board or School District. Nothing in this Paragraph is intended
to restrict or preclude the Board from completing any required process relating to personnel
investigations, including any necessary reports of such investigations pursuant to Board policies.
Any statements, conclusions or other information contained in any internal reports shall not be
subject to this Paragraph. The Board agrees to respond to any reference request regarding Dr.
Moeller by providing a copy of the letter attached as Exhibit B.
On date of execution of this Agreement, at its Board meeting, the Board agrees to
announce the retirement of Dr. Moeller by reading Exhibit C.
Additionally, the Board and Dr. Moeller agree that the terms and provisions of this
Agreement are subject to public release and disclosure under the Open Meetings Act and the
Freedom of Information Act.
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 Dr. Moeller and/or the Board, as each of the
undersigned expressly denies any and all liability or wrong-doing in connection with the
disputed issues.
13161124804 0800277SECTION 7. VOLUNTARY NATURE OF AGREEMENT
Dr. Moeller and the Board agree that they are freely, knowingly, voluntarily, and without
duress, coercion, or undue influence signing this Agreement. Dr. Moeller and the Board agree
that they intend to be legally bound by the terms of this Agreement,
SECTION 8. COMPLETE UNDERSTANDING
This Agreement sets forth all of the promises, agreements, conditions and understandings
between the Parties related to the subject matter hereof, and there are no promises, agreements,
or undertakings, either oral or written, expressed or implied, between them other than as herein
set forth,
SECTION 9. EFFECT OF AGREEMENT
This Agreement shall inure to the benefit of the Board and Dr, Moeller and shall bind the
Board and Dr. Moeller, their agents, representatives, assignees, and successors,
SECTION 10. ADVICE OF COUNSEL
‘The Parties have had an opportunity to consult legal counsel regarding the terms of this
Agreement and the legal liabilities of the Parties, if desired.
SECTION 11. SEVERABILITY
If any of the provisions, terms and clauses of this Agreement are declared illegal,
unenforceable, or ineffective in a legal forum with competent jurisdiction to do so, those
provisions, terms and clauses shall be deemed severable, and all other provisions, terms and
clauses of this Agreement shall remain valid and binding upon all the parties hereto.
SECTION 12. AMENDMENT OF AGREEMENT
Except as otherwise provided, no subsequent alteration, amendment, change or addition
to this Agreement shall be binding upon the parties hereto unless reduced to writing and duly
authorized and signed by each of them.
SECTION 13. CHOICE OF LAW
=
is Agreement shall be governed and construed in accordance with the laws of the State
of Illinois to the extent applicable. In the event of the institution of any legal proceedings, the
parties hereto agree that jurisdiction and venue shall be vested in any federal or state court
located in the State of Illinois and that venue, for all purposes, shall be in DeKalb County,
Iinois,
13161124808 0900277SECTION 14. SIGNATURE IN COUNTERPARTS
This Agreement may be executed in counterparts each of which shall be considered an
original, and all of which together shall be considered one and the same instrument,
IN WITNESS WHEREOF, the Parties have executed this Agreement on this__ day
of. 2017,
BOARD OF EDUCATION OF DEKALB
COMMUNITY UNIT SCHOOL DISTRICT
aa i NO, 428, DEKALB COUNTY, ILLINOIS
ee x
Ben bg Zo By:
‘Dr, Douglas J. Moeller President
ATTEST:
By:
Secretary
31611246 osoEXHIBIT A
Board of Education
DeKalb Community Unit School District No, 428
901 8, Fourth Street
DeKalb, Iinois 60115
Re: Retirement
Dear Members of the Board of Education,
‘The purpose of this letter is to tender my voluntary and irrevocable intent to retire fom my
position 2s Superintendent ftom School District No, 428 effective April 30, 2017,
Tt has been my distinct honor to lead and work with the students, parents, staff, boards of
education and community for the o (®) years,
ee
Dr. aie Moeller
Superintendent
tse4sys omo2TTEXHIBIT B
To Whom It May Concer:
Dr. Douglas J. Moeller served as the Superintendent of DeKalb Community Unit School District
No, 428 from May 1, 2014 through April 30, 2017 at which time he retired from his position of
Superintendent with the Schoo! District.
Respectfully,
President, Board of Education
1at61124e04 0800277EXHIBIT C
Effective April 30, 2017, Dr. Douglas J. Moeller announced his voluntary retirement from his
position with School District No. 428.
1316112486 0800277