SEPARATION AGREEMENT AND GENERAL RELEASE This Separation Agreement and General Release (?Agreement?) is made and entered into effective September 1, 2017, (?Effective Date?), by and between the BOARD OF EDUCATION OF THE SAN YSIDRO SCHOOL DISTRICT (?District?) and JULIO ONSECA (?Employee?) (hereafter collectively referred to as ?the Parties?). RECITALS 1. Employee is the District Superintendent, whose terms and conditions of employment are set forth in the Agreement for Employment of Superintendent between San Ysidro School District and Julio Fonseca (?Employment Agreement?), approved by the District on June 11,2015. 2. A dispute has arisen between the District and Employee. 3. The District and Employee have mutually determined that it is in the best interest of the Parties to terminate their employment relationship under the terms mutually agreeable to both Parties with no admission of fault. AGREEMENT The Parties agree as follows: 1. Recitals. The recitals set forth above are true. 2. Resignation. Employee hereby submits his voluntary and irrevocable resignation from the District effective at the end of business on September 1, 2017 (?Resignation Date?), which resignation is hereby accepted by the District by the authorized signatures below. No further documentation or action on the part of or by the District shall be required to make this resignation effective. Employee understands and agrees that he shall have no rights to future employment with the District. 3. Payment. Pursuant to the Employment Agreement, the District shall make a one- time, lump sum payment to Employee in an amount equivalent to eighteen (18) months of his current annual salary. The District shall make such payment within thirty (30) days of the Resignation Date. This payment shall be subject to any applicable tax withholdings pursuant to state and/or federal law. 4. Health Bene?ts: The District shall provide Employee with health bene?ts, under the same terms and conditions as during his term of employment, up and until eighteen (18) months from the Resignation Date, or until Employee obtains health coverage from other employment. Employee agrees to notify the District within ?ve (5) days of eligibility for such coverage. 5. References. The District agrees to provide Employee with a positive reference and letter of recommendation for future employment. The District agrees that, following receipt of an employment inquiry or reference check, it will not to make any derogatory, false, belittling, .1 Separation Agreement Page 2 derisive, disparaging, libelous, or negative remarks regarding Employee. Employee agrees that he will not make any derogatory, false, belittling, derisive, disparaging, libelous, or negative remarks regarding the District, Board or its employees. 6. Con?dentiality of Records. The District shall not disclose Employee?s con?dential personnel records, including but not limited to this Agreement, except as may be authorized by law, including court order, law?il subpoena or statute Brown Act, California Public Records Act), or as may be necessary (under seal) to secure a court order for the enforcement or interpretation of this Agreement. 7. Future Work. Employee hereby waives any right or claim to reinstatement as an employee of the District and agrees that he will not knowingly seek or accept employment in the future with the District. If, through mistake or inadvertence or otherwise, Employee applies for employment with the District, he shall withdraw his application immediately upon notice without any recourse, legal, or otherwise, and to the extent that Employee has already been hired, he will resign immediately upon notice without any recourse, legal, or otherwise. 8. Tax Consequences. The District makes no representations regarding the federal or state tax consequences of any payments under this Agreement. 9. STRS Bene?ts. Besides adhering to its existing ?duciary duties, the District makes no representations or assurances as to Employee?s eligibility with respect to STRS bene?ts or, if he is eligible, the amount of any such bene?ts that he might receive, or is entitled to receive, due to his service to the District. The District further makes no representations or assurances as to the effect of this Agreement on Employee?s eligibility for and/or receipt of STRS credits or bene?ts. 10. Return of Property. Employee agrees that, at the time of executing this Agreement, he shall return to the District all property belonging to the District including, but not limited to, all keys, office equipment, documents, records, ?les, written materials, electronic information, credit cards bearing the District?s name, and other District property (originals or copies in whatever form) in his possession. Employee represents that he retains no copies of con?dential documents beyond those returned as speci?ed above, and will make no attempt to acquire such documents in the future. Nothing in this paragraph shall require return of documents maintained and/or exchanged by Employee?s counsel in preparation of or related to this matter. If Employee has any personal belongings at his work site, the District agrees to schedule a time and location where Employee can retrieve such personal belongings. 11. No Admission of Fault. This Agreement is entered into by the Parties for the purpose of compromising and settling any potential dispute. It does not constitute, nor shall it be construed as, an admission of fault and/or liability by any party for any purpose. 12. Release. Employee hereby releases, acquits, and forever discharges the District, its agents, of?cers, employees, attorneys, successors, predecessors, and insurers from any and all expenses, debts, demands, costs, and other actions or liabilities of every nature, whether in law or in equity, that he may have or may claim to have as a result of or in any way related to his employment with the District, including, but not limited to his right to an evidentiary hearing to Separation Agreement Page 3 contest separation of his employment, access to leave pay or bene?ts beyond his resignation, civil actions, administrative complaints, claims pursuant to Title VII of the Civil Rights Act, the California air Employment and Housing Act, and any and all claims for breach of any employment agreement (whether express or implied), for breach of any covenant of good faith and fair dealing, for any form of negligence, and any claims for wrongful termination from employment. Employee therefore agrees that he shall have no right whatsoever to ?le any lawsuit or institute any other action or legal proceeding of any type whatsoever based upon, connected with, or in any manner arising out of or related to his employment with the District, or termination of the same, or in any manner contesting his resignation. This Agreement and Release is made notwithstanding section 1542 of the California Civil Code which provides in part: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Employee expressly acknowledges that this Release is intended to include in its effect, without limitation, all claims and causes of action that Employee does not know or suspect to exist in his favor and that this Agreement contemplates the extinguishment of all such claims and causes of action. This Agreement does not waive any claims, including speci?cally Age Discrimination in Employment Act of 1967 claims, that may arise after the Effective Date of this Agreement. Further, Employee has a limited time period in which he may withdraw a waiver of any existing ADEA claims. 13. Special Provisions for Age Discrimination. In addition to any other waiver and release set forth herein, and by execution of this document, Employee expressly waives any and all rights to claims arising under the ADEA, as amended, and: a. Employee acknowledges that his waiver of rights or claims arising under the ADEA is in writing, written in a manner calculated to be understood, and is understood by him; b. Employee expressly understands that this waiver refers to rights or claims arising under the c. Employee expressly understands that by execution of this document, he does not waive any ADEA rights or claims that may arise after the date this Agreement is executed; d. Employee acknowledges that the waiver of his rights on claims arising under the ADEA is in exchange for the consideration outlined above, which is above and beyond that to which he is otherwise entitled to receive from the District; and e. Employee acknowledges that, by this document, the District expressly advised his to consult with an attorney of his choosing prior to executing this document and that he has, in fact, consulted an attorney or elected not to do so of his own volition. Employee has been advised by the District that he is given a reasonable period of time within which to consider this document (up to 21 days, although he can execute it sooner) and Separation Agreement Page 4 may revoke this Agreement for a period of seven (7) days after execution by her, and this Agreement shall not become effective or enforceable until this period has expired. 14. Authoriry. The Parties represent and warrant that each has the full right, power, legal capacity, and authority to enter into and perform its obligations under this Agreement and that except with respect to rati?cation or approval by the District?s Governing Board, no other approvals or consents of any other persons are necessary to make this Agreement enforceable. 15. Entire Agreement. This Agreement constitutes the entire agreement and understanding of the Parties. There are no oral understandings, terms, or conditions, and neither party has relied upon any representation, express or implied, not contained herein. All prior understandings, terms, or conditions, written, oral, express, or implied, are superseded by this Agreement. 16. Amendments. This Agreement cannot be changed or supplemented orally and may be modi?ed or superseded only by written instrument executed by both Parties. 17. Binding Effect. This Agreement is for the bene?t of and shall be binding and enforceable on all Parties and their respective successors, heirs, and assigns. 18. Other Documents and Cooperation. All Parties agree to cooperate fully in the execution of any additional documents that may be necessary to ?nalize and implement this Agreement. 19. Payments and Attomeys? Fees and Costs. Each party to this Agreement shall bear its/his own attorneys? fees and costs arising out of, or related to the development of, or any dispute regarding this Agreement. 20. Execution by Facsimile or in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement. A facsimile version of any party?s signature shall be deemed an original signature. Each counterpart shall be deemed an original and the same document for all purposes. 21. Severabiliry. If any provision of this Agreement is held to be void, voidable, or unenforceable, the remaining portions of the Agreement shall remain in full force and effect. 22. Interpretation. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. 23. Board Approval. The Parties to this Agreement recognize that, to be enforceable, this Agreement must be approved or rati?ed by the Governing Board at a lawfully called meeting. 24. Voluntary Agreement. Employee represents that he has read this Agreement in full and understands and voluntarily agrees to all such provisions and that the Agreement has been fully explained to him by his own counsel. Employee further declares that, prior to signing Separation Agreement Page 5 this Agreement, he apprised herself of relevant data, through sources of his own selection, including review by his own counsel, in deciding whether to execute this Agreement. Employee further represents that he has, as of the date of execution of this Agreement, the legal capacity to understand, agree to, and sign this Agreement, and that he has not assigned any rights or claims related hereto to any third party. Date of Board approval: September 1, 2017 IN WITNESS WHEREOF, the parties have executed this Agreement on the ?rst day of September 2017. EMPLOYEE: Dated: 1/ SAN YSIDRO SCHOOL DISTRICT: Dated: By: Ros ma?asigue Bo res ent (fa, Dated: GLAD I '7 By: Irene Lopez Board Vice Presi Dated: 9 0/ '7 By: - Marcos Diaz Board Clerk Dated: 04/0 By: ?1 Antonio Martiney Board Member Dated: By: EMU l?lW\ Rodolfo Lirlares Board Member OOI 72-00007-4102594. J. Arturo Sanchez-Macias. Interim Superintendent a Sid Governing Board in ircos A. [lid], lerl. EST 1'31 R0?.iil?dh llndolln llnarr?s Member Irene leper, President Martinez, Quality education and opportunity for all students to succeed September 5, 2017 San Diego County Of?ce of Education 6401 Linda Vista Road San Diego, CA 92111?7399 To Whom It May Concern: The following is an excerpt of the Minutes of the Special Board Meeting of the Governing Board of the San Ysidro School District of September 1, 2017. The Board, by a vote of 5 to 0, acce ted the resignation of the superintendent effective immediately, in exchange for 18 I so Artu Sanchez-Macias nterim Superintendent 4350 Otay Mesa Road, San Ysidro, CA 92173 (619) 428-4476 Ext. 3021 - Fax (619) 428?1505 - arturo.macias@sysd.k12.ca.us San Ysidro School District 'programs. activities, and practices shall be free from unlawful discrimination, including discnmination against an individual orgr'oup based on race, color. ancestry, nationality, national origin, ethnic group identi?cation. age, religion. marital, pregnancy. or parental status, physical or mental disability, sex, sexual orientation. gender. gender identity or expression. or genetic information. a perception of one or more of such characteristics. or association with a person or group with one or more of these actual or perceived characteristics District programs and activities shall also be free of any morally derogatory or discnminalory school or athletic team names. mascots. or nicknames Board Policy 0410