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The Hinsdale High School District 86 board approved a severance agreement for Superintendent Tammy Prentiss.
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Save Severance Agreement for District 86 Superintendent... For Later AMENDED EMPLOYMENT
AND RETIREMENT AGREEMENT
THIS AMENDED EMPLOYMENT AND RETIREMENT AGREEMENT
(“Agreement”) is made and entered into on the date indicated below by and between the
BOARD OF EDUCATION OF HINSDALE TOWNSHIP HIGH SCHOOL
DISTRICT NO. 86 (the “District” or “Board”) and TAMARA PRENTISS (the
““Superintendent”) (collectively, “the Parties”).
RECITALS
WHEREAS, The Superintendent is employed as the superintendent of the District
pursuant to a 260 work day per year employment contract, lasting through July 31, 2024
(“Employment Contract"); and
WHEREAS, the Board and the Superintendent have determined it is in their best
interests to mutually amend the Employment Contract and for the Superintendent to retire
as a licensed District employee in consideration of the Board’s promises and commitments
set forth in this Agreement, effective March 31, 2024; and
WHEREAS, the Parties desire to fully address and mutually resolve any claims,
demands, or other related issues arising from the employment and retirement of the
‘Superintendent, and to avoid any and all claims or differences that might now or hereafter
accrue or arise.
NOW, THEREFORE, in consideration of the terms and conditions herein, and
other good and valuable consideration, the receipt of which is hereby acknowledged, the
Parties agree as follows:
a IN_OF RECITALS. The recitals set forth above are
incorporated in this Section.
2. CONTINUED EMPLOYMENT __DURING__THE __2022-2023
CONTRACT YEAR. The Superintendent shall remain a licensed administrator employee
of the District and shall perform administrative duties requiring licensure in consultation
with the Board President and continue to receive all her salary, benefits, and other forms of
compensation at regular pay dates through June 30, 2023. This shall include but not be
limited to the remaining Board payments of her salary of $264,257.78, Section 125 health
insurance cash option of $14,745.96 that she may use toward life and health insurance
benefits or receive as cash, deferred compensation of $5.285.16, and 50% Board pick up of
the Superintendent's member contributions to the Teacher Retirement System (TRS). The
Board shall also provide all regular non-TRS creditable earnings, reimbursements, and
contributions, in accordance with the Employment Contract, Board policy, and District
practice (including cell phone reimbursement, the Superintendent’s Teachers Health
Insurance Security Fund (THIS) contribution, payment for required professional
development, and payment for [ASA and AASA dues and meetings). bffective on the date
of this Agreement, the Board shall provide the Superintendent with twelve (12) additionalsick days in addition to her normal annual allotment for the 2022-2023 contract year. The
Superintendent has also received compensation for five (5) unused vacation days
($5,081.90) during the 2022-2023 contract year.
3. CONTINUED EMPLOYMENT DURING _THE 2023-2024
CONTRACT YEAR, The Superintendent shall begin the 2023-2024 contract year,
beginning on July 1, 2023, on a paid administrative leave but shall remain a licensed
administrator employee, subject to compliance with applicable Board policies, and shall be
reasonably available with appropriate notice to perform administrative duties requiring
licensure in consultation with the Board President. The Superintendent shall continue 0
receive all her salary, benefits, and other forms of compensation at regular pay dates
through March 31, 2024, unless specified below. The Superintendent's annual salary of
$277,470.67 and Section 125 health insurance cash option of $15,352.72 that she may use
toward life and health insurance benefits or receive as cash shall be paid on a prorated
basis for the period of July 1, 2023 through March 31, 2024, The Board’s payments of the
Superintendent's deferred compensation of $5,549.41 shall be paid in its entirety in equal
amounts on regular pay dates between July 1, 2023 and no later than March 29, 2024. The
Board shall continue t0 pick up 50% of the Superintendent's member contributions to the
‘Teacher Retirement System (TRS) and the Teacher Health Insurance Security Fund (THIS)
through her final regular paycheck. ‘The Superintendent shall receive her normal annual
leave allotment for the 2023-2024 contract year on July 1, 2023, ie., 23 sick days
(inclusive of 2 personal days that have been converted to sick leave) and 25 vacation days.
Prior to March 29, 2024, the Superintendent may exchange her unused vacation days for
payment at her per diem rate for each unused vacation day up to such amount that provides
her with a 6% increase in TRS creditable earnings over her TRS creditable earnings in the
immediately prior contract year. Payment for all other unused vacation days shall be due
and payable after both her final workday and receipt of her final regular paycheck but in no
event later than April 30, 2024. Other reimbursements and allowances shall be made at the
discretion of the Board President.
4. RETIREMENT, In consideration of the compensation, benefits, promises,
and commitments made by the Board which are set forth in this Agreement, the
‘Superintendent retires fiom employment with the Board as a licensed employee effective on
March 31, 2024. An executed copy of her retirement letter is attached to this Agreement as
Exhibit A, which retirement the Board hereby accepts.
5. NON-DISPARAGEMENT. The Superintendent and the Board of
Exiucation, including its individual members, successors and employees, shall not
intentionally place one another in a negative light or refer to one another in a disparaging
manner. The Parties agree not to make any oral or written statement to any third party
that defames the Superintendent, Board or School District, or the Board's individual
members or employees. The Board, including its individual members and employees,
‘agree to inform District staff and students of this Agreement and to respond to any other
related inquiries regarding this Agreement solely by providing a copy of a letter
substantially in the form of the statement attached to this Agreement as Exhibit B or by
providing the information or records required by law.6. GENERAL RELEASE OF CLAIMS, In consideration of
the promises and payments contained herein and in further consideration of
the Superintendent’s retirement, the Superintendent, for her and her agents,
representatives, attorneys, assigns, heirs, executors, and administrators, and
the Board, its members, employees, agents, officials, officers, insurers and/or
attomeys fully and mutually release any and all claims, debts, dues,
demands, liens, obligations, fees (including attomeys’ fees), actions, or
causes of action, of every kind or nature, at law or in equity, that one another
may now have or claim to have or that may hereinafter accrue, whether
known or unknown, anticipated or unanticipated, against one another and by
reason of any act done or omitted to be done connected with the past or
present relationship between the Parties arising in any way out of the
‘Superintendent's employment with or retirement from the Board, except as
contemplated by this Agreement. This release specifically includes, but is
not limited to, rights or claims arising under the Illinois Wage Payment and
Collection Act, 820 ILCS 115/1 et seq., Hlinois Human Rights Act, 775 ILCS
S/1-101 et seg., the Americans with Disabilities Act of 1990, 42 U.S.C. Sec.
12101 et seg, as amended, Section 504 of the Rehabilitation Act of 1973, 29
U.S.C. Sec, 794(a), Title VII of the Civil Rights Act of 1991, 42 U.S.C. 2000
et seq., the Family and Medical Leave Act of 1993, 29 U.S.C. 2601, et seq.,
the Age Discrimination in Employment Act of 1967, 29 U.S.C. Sec. 621 ef
seq., the Illinois and United States Constitutions, and any other federal, state,
county, or local statute, law, ordinance, regulation, or order.
‘The Parties further covenant and agree to never instinute or cause to
be instituted any suit or action at law, equity, or otherwise, in any federal or
state court, before any federal, state, ot local administrative agency, or before
any tribunal, public or private, relating to or arising from the employment
relationship between one another, except to enforce the terms of this
Agreement, It is the intent of the Parties that this release is a full and final
‘general release as described above, including, without limiting the generality
of the foregoing, any claims or causes of action brought on the basis of
alleged wrongful or retaliatory discharge, defamation, intentional infliction
of emotional distress, invasion of privacy, breach of contract (express or
implied, written or verbal), and/or any common law claim whatsoever
arising out of or relating to the Superintendent's employment with and/or
retirement from employment with the Board.
‘This General Release and Waiver of Claims does not apply to any
action to enforce this Agreement and the Board’s indemnity and defense
obligations under Section 10-20.20 of the Illinois School Code.
7. CONTRACTUAL CAPACITY, The Superintendent acknowledges that she
has entered into this Agreement voluntarily and knowingly and with the full and complete
authority and contractual capacity to do so. The Superintendent acknowledges that she has
consulted with an attomey prior to executing this Agreement and has had ample opportunity
to review its terms. The Superintendent, therefore, knowingly and voluntarily relinquishes
and waives all legal and equitable remedies provided under the federal Age Discriminationin Employment Act, as amended. The Superintendent acknowledges that she is aware of and
understands all rights and claims pursuant to this Act, including without limitation, the
following:
That she has the right to be provided twenty-one (21) calendar days prior to
the tender of her proffered retirement notice to consider her voluntary
decision to retire as a licensed District administrator of the Board effective
March 31, 2024. The Superintendent acknowledges that she may sign this
Agreement sooner, that she has elected (o do so, and that her decision to do
so is knowing and voluntary and not induced by the Board through fraud,
‘mistepresentation, or threat;
b. That for a period of seven (7) calendar days following the Superintendent's
execution of this Agreement, she has the right to revoke this Agreement by
delivering a written revocation via email to the Board President, by no later
than 5:00 p.m. on the seventh calendar day following her execution of this
Agreement; and
©. That by the release and waiver provisions contained in this Agreement, The
Superintendent does not waive rights or claims that may be brought before a
court or administrative body pursuant to the Age Discrimination in
Employment Act of 1967, as amended, arising after the date this Agreement
is executed.
8. EKFECTIVE DATE, The Superintendent acknowledges that, pursuant to
Paragraph 7 above, she has the right to be provided twenty-one (21) days to consider this
‘Agreement and her voluntary decision to retire as licensed District administrator, effective
March 31, 2024 in consideration of the Board's promises and commitments set forth in this
Agreement. The Superintendent also understands that she may, for a period of seven (7)
days from the date of her signature of this Agreement, revoke such Agreement. Further, the
Parties realize that this Agreement does not become effective until eight (8) days have
passed from the date the Superintendent signs this Agreement or the Board’s signature on
‘this Agreement, whichever is later.
9. _ INDEMNIFICATION, The Board ayrees 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)..
10. UNEMPLOYMENT. _ In further consideration of the Superintendent's
retirement and general release of claims, the Board agrees to not contest any future request
of application for unemployment benefits that the Superintendent may make at any point in
the future.
11. AMENDMENTS. This Agreement contains all the terms and
conditions agreed upon by the Parties hereto, and no provisions or requirements
expressed herein may be altered, amended, deleted, modified, changed, and/or
canceled after the effective date of this Agreement, except upon the express written
consent of all Parties,12, NO FAULT. The Parties agree that by entering into this Agreement, neither
the Superintendent nor the District and its Board, Board members, officers, administrators,
employees, and attorneys admit to any liability or wrongdoing and that this Agreement shall
not be construed as an admission of liability or wrongdoing by any of them.
13, EFFECT OF AGREEMENT, This Agreement inures to the benefit of and
binds the District and its Board members, officers, agents, administrators, employees,
insurers, successors, and assigns and the Superintendent and her heirs, agents,
representatives, successors, and assigns.
14. COMPLETE UNDERSTANDING, This Agreement sets forth all of the
promises, agreements, conditions, and understandings between the Partics related to the
subject matter hereof. The Parties agree that, except for the length of the contract year, none
of the provisions of the Employment Contract that are inconsistent with or extend beyond
those provided by this Agreement shall remain in effect after the effective date of this
Agreement.
15. APPLICABLE LAW, This Agreement shall be governed by the laws of the
State of Illinois.
16, SEVERABILITY, Should eny provision of the Agreement be declared
illegal by a court of competent jurisdiction, then said provision will be deleted from this
Agreement to the extent it violates the law, and the remaining provisions in this Agreement
will remain in full force and effect, In such case, the Parties agree to negotiate in good faith
‘on amendment(s) to this Agreement that achieve the intent and economic effect of any
deleted provisions to the maximum extent possible.
17. DISPUT! LUTION, The Parties mutually agree that they will work
in good faith, through their respective counsels, to resolve any disputes regarding
implementation or performance under this Agreement. If the Parties cannot resolve @
dispute through preliminary discussion the following steps shall be taken prior to either
Party instituting formal legal action in a court of competent jurisdiction: (1) the Party that
believes the Agreement was breached (the “Aggrieved Party”) shall inform the other Party
(the “Notified Party”), in writing, of the exact nature of the alleged breach. The Notified
Party shall have fifteen (15) days from receipt of such notice to cure the alleged breach.
Q) If the Parties are still unable to resolve their dispute, the Parties shall enter into
non-binding mediation, with a mediator mutually selected and jointly paid for by the
Parties. If mediation is unsuccessful after a minimum of thirty (30) days, the Aggrieved
Party may exercise any rights available under the law. The Parties may extend the timelines
in this paragraph by mutual agreement,
18, MULTIPLE COUNTERPARTS. This Agreement may be executed in
multiple counterparts, and each such counterpart is considered an original for all purposes.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed.
[SIGNATURE PAGE TO FOLLOW]PREN;
Date: Col of AOA
BOARD OF EDUCATION OF
HINSDALE TOWNSHIP HIGH SCHOOLEXHIBIT A
RETIREMENT LETTER
Ms. Catherine Greenspon, President
Board of Education
Hinsdale Township High School District No. 86
5500 South Grant Street
Hinsdale, IL 60521
Dear Ms. Greenspon and Members of the Board of Education,
Please accept this letter as my retirement as a licensed employee of Hinsdale Township
High School District No. 86, effective March 31, 2024
Sincerely,
amare, Prentiss
SuperintendentEXHIBIT B
JOINT STATEMENT
The Hinsdale Township High School District 86 Board of Education and
Superintendent Tamara Prentiss have mutually agreed to amend the Superintendent's
employment contract and enter into an agreement that will conclude Ms. Prentiss's
employment as a District 86 administrator on March 31, 2024, The Board will continue
to partner with Ms. Prentiss in her remaining time as a District employee to ensure a
smooth leadership transition,