SEPARATION AND RELEASE AGREEMENT BETWEEN CENTRAL YDRK SCHOOL DISTRICT AND 3 . JOEL C. GUGINO THIS AGREEMENT is made and entered this 20th day November, 2017 by and between the CENTRAL YORK SCHOOL DISTRICT, School District inimitsof?ces located at . .. 775 Marion Reed, Yo?, (Employer), . . AN . - JOEL c. weave, of? (Employee): . WITNES SETH: Theparties hereto enter into this Agreement for the pinpose cfamieebly coneliiding Employee?s employment with Employer. Bases the covenants contained herein and other and valuable considesa?cn Which I both parties aclmowledge, 'E?sployee and Emeloyer, intending to be legally bound, agree as follows: I I 1. HRREVOCABLE Employee Shall reinsin on FMLA ?om November 6, 2017 though and minding - January 29,2018 which Employee shall uiiliZe his existing acciued paid sick leave and continue to receive his curfew bene?ts. I'E?iployee will-not rem to work nor 'will he have any cootact with the Central York School District the period ofhis FMLA-leave to (?scuss any school district matters, including any circm?nstances leading to this Agreement I I Employee; by virt?e of this Agreemeii? heiebin-revocably resigns from the Gentle} York District upon ?ie con-clusion of his FMLA lea-vege?eetive anuaiy 29, 2018. Employee acknowledges fhai Employer is relying'upon {his in pioiriding the bene?ts contained herein. Employee-will not reform to Work, tier- will he reapply for employment in the future. 0453-197? Employee?s signature upon this Agreement shall operate as a resignation ?oor the District, provided Employer also exeeotes tlu's Agreemeuti. .- i I 2. SEVERANCE PAYMENT: Upon 016 effective date of Employee?s resigoa?on, Employee shall reoeive as severance a lump sum payment representi?g: (1) payment for Employee?s unused vacation days (68 days) at the; rate of $100 per day; and (2) payment for the balance of Employee?s "missed sick days as of January 29, 2018 at the rate exceed $10,000. Partieipa?on in medical and dental bene?ts plans shall cease on January 31, 2018 after which Employee may elect continuing health bene?rs at his expense in eceordanee with the provisions of COBRA. I If Employee does not elect to continue health bene?ts at his expense in accordance with COBRA, Employer shall. issue to Emoloyee, at Ernployee?s request, a letter that Eruployee no longer? is a participeut in Employer?s health bene?ts. 4. PROPERTY: Employee will return all property of Employer including l?s computer, keys, phone, badge and iPad. Employee shall make arrangements with a designated representative of Employer to retrieve Employee?s Ipersoual property presently located at Employee's place of employment with Emplojrerwet a date and time mutually agreed upon. I 5. GTHER I I I I All inquiries ?com prospective employers be liamlled exclusively by the Director of Human Resources whom @111 share only that required any forms from prospective employers. Employer will make no adverse response regarding Employee on any forms so received. Employer aguees not to defend nor adversely a?oat Employee?s request for 0453197- Unemployment compensation, should Employee desire to pmsue a claim for some. Employer agrees not to issue a perfonnanoe rating or evaluation at any time prior to Employee?s resignation. 6. EFFECTIVE DATE OF THIS AGREEMENT: This Agreement shall become fully re?ective and enforceable only when executed by the parties and approved by the Board ofSchool Directors. 7. RELEASE: 7.1 Unconditional and Irrevocable Genera] Release In exchange "for" the covenants and conditions contained, Employee and Employer unconditionally and irrevocably release and forever discharge and by this Agreement do for themselves] and their dependents, heirs, executors, administrators, successors and assigns remi se, release and forever discharge each other and any and all employees, of?cers, directorsagents, owners, attorneys and legal representatives of Employee and Employer (RELEASED PARTIES) from all clain?ns, demands, damages, actions, causes of actions, at law or in eqoity, charges, attomeys? fees, accounts, hills, judgments, rights, demands of I whatever kind or moire, whether based on contract, statute, tort or other theory of recovery and whether known or unknown, contingent or non-contingent, arising from Employee?s employment with Employer andl or his resignation from Such employment. 7.2 Achiowledgment ofthe Broad Scope of Release The Parties acknowledge that the claims, demands, actions, causes of actions, and suits oflaw or in equity that they are releasing and discharging herein include, but are not limited to, any claims, rights and causes of action arising under any state, federal andfor rmmicipal statutes relating to employment andfor compensation, claims for attorney fees, any claim of violation of federal or state constitutional or stamtory rights, substantive or procedural, any claim of discrimination, and any claim under common law, tort and/or contract theories, whether such claims are known or unlmown, foreseen or unforeseen. The scope 0453197- . .. of such release includes, but is not limited to, claims under the Public School Code, the Human Relations Act (PHRA), the Age Discrimination in Employment Act (ADEA), the Public Employee Relations Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act the Fair Labor Standards Act (FSLA), the Americans with Disabilities Act (ADA), the Wage Payment and Collection Law, as well as any alleged claim of wrongful or constructive termination or discharge from employment, breach of express or implied contract or defsms?on. s. AND restroom-?10s scores: Employee shall have twenty?one (21) days in which to consider entering into this Agreement. If an executed copy of the Agreement is not returned to Employer on Or before that date, then this Agreement will not be presented for approval by the Board of School Directors I and shall be deemed withdrawn. Additionally, Employee may revoke his acceptance and execution of this Agreement fora period of seven days following its execution. This Agreement shall not become effective until the expiration of this revocation period. 9. CONFIDENTIALITY: - It is ?n'ther understood and agreed that none of the parties hereto, their attorneys, representatives, and ageins will in any way seek to publicize or cause to he publicized in any way, including, but not limited to news or comnunicstions media, hzcluding but not limited to newspapers-magazines, journals, social media, radio or television, the facts or terms or conditions of this Agreement. Employer and Employee agree that they will not disparage each other in any way or manner or discuss the toxins or circumstances which have led to this Agreemeot, except as set forth herein. Notwithstanding the foregoing, the parties eclmowledge thotthis Agreement may be considered a public document and that the Employer may be required to disclose the contents in accordance with law. 045319?? 10. LACK OF PRECEDENT: course of dealing ofthe Employer, or be used in any mazmer in an attempt to expand the rights of any Camel York school District employee, it being understood that the provisions ofthis Agreement are based upon the unique and particular facts of this matter. 1 1 . CONSULTATION WITH COUNSEL: Employee aclmowledges that he was adidsed to consult with and was given an opportunity to be represented by legal counsel skilled in this area of the law, and that Employee was so represented. 12. FURTHER ACKNOWLEDGEMENTS: Employee has been advised of and limeby aclmowledges and represents {hat Employee is aware: 12.1 that various state and federal laws prohibit employment discrimination based. on age, sex, race, color, national origin, disability, and veteran?s status and require certain employers to furnish employees with employment and a place of onploymeoi which are ?ee from recOgnized hazards and to comply with occupational safety and health standards; and 12.2 that various state and federal laws confer various rights upon employees. and individuals sad provide for various legal remedies in the event of one or- more violations of saicl laws; and 12.3 that some of these laws are enforced by or through applicable administrative agencies, such as the Secretary of Labor, the Equal Employment Opportunity Commission andlor the uman Relations Commission; and 12.4 that some of these laws are enforced through the ocurts or in other ways; and -- 12.5 that Employee has a right to a hearing before the Central York School Disorict Board of Directors with respect to any action of the Central York School Disoict that constitutes an 0453197. .. . .. ?adjudication" under the Local Agency Law or (ii) any action ?int constitutes a discharge from employment under the Public School Code, with a ?lrther right to appeal to the courts. l3. COVENANT T0 SHE: I Eniployee shall not institute any legal actions in any forum (whether judicial, adminiStIatiye, arbitration-? or otherwise; whether legal or equitable; Whether federal, state or local) with respect to any ofthe RELEASED PARTIES except as may be necessary to enforce the terms of this Agreement and excluding Employee?s right to pursue a claim for unemployment compensation. If Employee does, Employee shall pay to the applicable RELEASED PARTIES all attomeys' fees, costs, and expenses (incurred by the RELEASED PARTIES in defending themselves against such claims except in circumstances when Employee must institute legal action in any forum to enforce the terms of this Agreement. 14. CONSTRUCTION: All parties acknowledge that this Agreement constitutes a compromise. of settlement and that the terms hereoi? shall not be construed as an admission on the part of any party or as a validation or invalidation of any allegations. I 15. RULES OF CONSTRUCTION: This Agreement shall be interpreted in accordance with the laws of the Commonwealth of 16. AM) WAIVER: No modi?cation or waiver of any of the terms of this Agreement shall he valid unless in writing and executed with the same fonnality of this Agreement. 17. HEADINGS: The headings of any Article or Section hereof are for reference pmposes only and shall not in any way affect the meaning or interpretation thereof. 0453197- 18. SEVERABILITY: All agreements and covenants herein contained are eeverable. In the event that any provision of this Agreement should be held to be unenforceable, the validity and enforceability of the remaining provisions hereof shall not be affected thereby. Any court (or arbitrator) construing this Agreement is expressly granted the androzity to revise any invalid or unenforceable provision hereof in order to - render same enforceable. IN WHEREOF, the parties hereto, to be legally bound, set their hands and seals on the date indicated. CENTRAL YORK SCHOOL DISTRICT WM Pfesident, Board of $Clz?ol actors ATTEST: Secretary, Board of?chool Directors EMPLOYEE CU 27% NAME If .5061 C. G?gjho 045319?- Date: Ii/Ze/i? I I Date: up? 304/7 Date: