VOLUNTARY SEPARATION AGREEMENT AND RELEASE

STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:

{175(c)(0)

COUNTY OF HARRIS

THIS VOLUNTARY SEPARATION AGREEMENT (?Agreement?) is made by and
between the CROSBY INDEPENDENT SCHOOL DISTRICT ("District"), a political subdivision
of the State of Texas, acting by and through its Board of Trustees ("Board") and Dr. Keith Moore
("Moore"). The Agreement is the ?nal agreement between the District and Moore, and it Controls
the contractual employment relationship between the parties hereto after the date of the Agreement.

WHEREAS, Moore is currently employed as Superintendent by the District under a Crosby
Independent School District Superintendent?s Contract of Employment executed on July 1, 2014,
("Contract"); and

WHEREAS, the current term of the Contract shall expire on June 30, 2022; and

WHEREAS, Moore and the Board have reached a mutually acceptable agreement for Moore
to resign his position as Superintendent and employee of the District effective at 11:59 pm. June
30, 2018; and

WHEREAS, it is strictly the voluntary act of Moore to voluntarily resign his position as
Superintendent and employee of the District because Moore believes it will be in his best interest
and that of the District to voluntarily resign his position as Superintendent and employee of the
District effective at 11:59 pm. June 30, 2018.

WI H:

NOW, THEREFORE, in consideration of the recitals, terms, conditions and mutual
covenants herein, the parties hereto do hereby agree as follows:

1. Moore, by his signature below, does hereby voluntarily resign as the Superintendent
and employee of the District effective at 11:59 pm. June 30, 2018, and the Trustees do hereby
accept his resignation as Superintendent and employee of the District effective at 11:59 pm. June
30, 2018. Moore?s formal resignation letter, if any, shall be submitted to the Trustees prior to or at
the regular board meeting of January 22, 2018. See Exhibit which is attached hereto and
incorporated herein by reference.

2. Moore shall be paid his full salary and bene?ts according to the terms stated in his
Contract through June 30, 2018 less the usual deductions, Speci?cally including but not limited to
teacher retirement. By agreement, effective January 22, 2018 and through the date of his
resignation, Moore shall be placed on administrative leave with pay. This time will allow Moore to
pursue other interests in the best interests of his family and himself. During the administrative leave
period, Moore is not planning to and will not come onto school property without the written
permission of the Board President (other than to attend activities involving his children and to
remove personal property on the weekend of January 27-28, 2018), but Moore will be available by
phone initiated by school personnel or Board Members or legal counsel to assist with District
operations audior the transition to the new Superintendent of Schools.

3. On or before 10:00 January 28, 2018, Moore shall return to the District all
keys, laptop computer, credit cards, security cards, if any. and other property, if any, of the District
in Moore?s possession as it relates to Moore?s employment as the Superintendent of the District.

VOLUNTARY AGREEMENT PAGE 1

 

 

4. No later than 10:00 pm, January 28, 2018, Moore shall remove his personal effects,
personal books, educational materials and other personal property from the Superintendent's of?ce.
Moore will only use the weekend of January 27-28, 2018 outside of business hours to accomplish
this task.

5. To the extent it may be permitted to do so by applicable law, the District does hereby

agree to defend, hold harmless, and indemnify Moore from any and all demands, claims, including
but not limited to suits, actions, judgments, expenses and attorneys' fees incurred in any legal
proceedings or administrative proceedings currently pending or subsequently hereto brought against
Moore in his individual capacity or his of?cial capacity as an employee and as Superintendent of
the District, providing the incident(s) which is (are) the basis of any claim in lawsuit arose or does
arise in the future while Moore, as Superintendent and as an employee of the District, was acting
within the scope of Moore's employment with the District; excluding, however, those claims or any
causes of action where it is determined that Moore committed a criminal act, official misconduct, or
committed a willful or wrongful act or omission, or an act or omission constituting gross
negligence, or acted in bad faith, with conscious indifference or reckless disregard; and excluding
any costs, fees, expenses or damages that would be recoverable or payable under an insurance
contract, held either by the District or by Moore. The selection of Moore's legal counsel shall be
made with the mutual agreement of Moore and the District, which agreement will not be
unreasonably withheld by either party. A legal defense may be provided through insurance
coverage. 
6. After June 30, 2018, Moore agrees to provide assistance to and cooperate with the
District, its Trustees, agents, and attorneys in response to, or in defense of, any demand, claim,
complaint, suit action or legal proceeding brought against the District, its Trustees, or agents,
arising from any acts or events alleged to have occurred during the term of Moore?s employment
with the District, at no additional expense to the District other than reimbursement to Moore for his
documented reasonable and necessary out-of-pocket expenses, plus reimbursement of any salary
lost by Moore by virtue of his taking time off from his then current employment to assist the
District at its request. Requests for assistance from Moore with respect to such matters shall he
made through the Board of Trustees? President, any successor Superintendent, andlor legal counsel
for the District, and the amount to be reimbursed to Moore shall be mutually agreed upon in
advance.

7. Expressly as part of the consideration of this Agreement, Moore does hereby, and
for his heirs, executors. administrators. successors and assigns, totally and completely, full]; and
?nally. RELEASE, and li'OREl/Elt RGE the District and its employees, attorneys
and agents, the Board andr each and every Board Member (both individually and in the Board
Members' o?icial capacities), past and current, of and ?ora any and all claims, actions, causes of
action, demands, rights, damages (including, but not limited to, consequential damages), costs,
attorney 's?aes, expenses and compensation whatsoever, known or unknown, which Moore had, has,
or which may hereafter accrue on account of or in any way growing or arising out of Moore is
enmloyment relationship with District andfor relationship with the District 's Board and/or each
and every Board Member {both individually and in the Board members? Members? of?cial
capacities) post and present. Without in any Way limiting the scope of this release, Moore intends
to release any claims made by Moore for personal embarrassment, mental and physical strain and
injury, andfor damages to his reputation, and any rights, which Moore may have under anyfederal
or state constinttions. laws, rules. regulations, or public policy. Sash constitutions, laws, rules or
regnlarions include. but again are not limited to, the United States Constitution. the Constitution of
the State of Texas, #2 U.S.C. 1983. Title VII of the Civil Rights Act of 964, the Age

VOLUNTARY SEPARATION AGREEMENT PAGEZ

 

Discrimination in EmploymentAct of I 96 7, Title IX cy? the Education Amendments of 1972, Section
504 of the Vocational Rehabilitation Act of 1973, the Americans With Disabilities Act of 1990, the
Fair Labor Standards Act, and any further or other federal or state discrimination laws,
employment laws or workers compenSation or bene?t laws, as now or hereafter enacted.

Moore expressly covenants and agrees not to sue or participate, unless required by court
order, in any federal or state judicial or state administrative proceeding against the District or its
Board, Board members, of?cers, employees, representatives, agents or attorneys, in their o?icial or
individual capacities. related to or concerning his employment as Superintendent by the District.
the Board member 's actions regarding his employment as Superintendent of the District, or his
voluntary resignation from employment as Superintendent of the District.

The District and Moore agree and understand that this Agreement constitutes a compromise
and release, and, except to the extent expressly set forth herein, terminates all rights of both parties
relating to the Contract by and between Moore and the District concerning service as
Superintendent of the District. The release includes all contractual rights, liberty rights,
constitutional rights, statutory rights, and any other rights or claims, including but not limited to,
claims, under 42 USC 1983, Title Vi], personal injury. slander, unemployment, property damage,
and any EEOC or TCHRA claims either under state or federal law, known or unknown, that might
conceivably be asserted by either party.

3. The Board, individually and collectively, and Moore do hereby agree that each of
them shall refer any third party inquiries regarding Moore?s employment as an employee of the
District and as the Superintendent of the District to the Agreement through the Board President.
The parties agree to issue ajoint public statement. See Exhibit which is attached hereto and
incorporated herein by reference. Furthermore, Moore shall be provided a letter of reference signed
by the Board President. The parties agree that the Board President may prepare a mutually
acceptable letter of reference. See Exhibit which is attached hereto and incorporated herein by
reference.

9. The Agreement constitutes the entirety of the understanding between all the parties
hereto. The Agreement shall be binding upon all the parties hereto, their respective heirs, executors,
administrators, successors and assigns.

10. The Agreement is hereby deemed performable entirely in Harris County, Texas, and
shall be governed, construed and enforced in accordance with and subject to the laws of the State of
Texas. Mandatory and exclusive venue for any laWsuit or adjudicative. proceeding brought by either
party to the contract shall be in Harris County, Texas.

11. The Agreement may be executed in a number of identical counterparts, each of
which shall be deemed an original for all pot-poses. All the parties hereto further agree that they
shall execute any and all documents necessary to effect the intent and purposes of the Agreement.
Further, the Agreement supersedes any and all prior oral or written agreements, arrangements,
employment contracts, or understandings between the parties. The Agreement may be modi?ed or
terminated only in writing, executed by all the parties hereto.

12. The President of the Board of Trustees has been authorized to execute the Agreement
on behalf of the District by action of a majority of a quorum of the Trustees present at a preperly
called and posted meeting on January 18, 2013. For purposes of this Agreement, facsimile or email-
PDF or electronic signatures are treated as original signatures.

AGREED AND ACEEPTED:
CROSBY TNDEPENDENT SCHOOL DISTRICT

VOLUNTARY AGREE-2M PAGE 3

 

 

By: (@de 
Earle NEW Windfont,? Pmsidm:

Baas-d of'I?mstees
Crosby Independent 11001 District3
Data: I 94/: 59

 

 

 

 

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January 22, 2018

Carla Mills Windfont, President
Board of Trustees

Crosby independent School District
706 Runneburg Rd

Crosby, TX 77532

Dear Ms. Windfont:

I hereby submit my resignation as Superintendent and employee of the Crosby
independent School District, to be effective 11:59 pm. June 30, 2018 for personal
reasons.

My resignation as Superintendent and as an employee of the Crosby Independent
School District is tendered, subject to, and in accordance with, the terms, conditions
and provisions of that certain Voluntary Separation Agreement between the Crosby
independent School District and me? effective the 22nd day of January, 2018.

I am very proud of all that we accomplished together over the last 8 years and am very
grateful for all of the support that board has given me in both my professional and
personal life.

Cougar 

Sincerely,

Dr. Kei Moore
Superintendent

 

EXHIBIT 

CROSBY INDEPENDENT SCHOOL DISTRICT JOINT STATEMENT OF THE BOARD
OF TRUSTEES AND DR. KEITH MOORE

For personal reasons, Dr. Keith Moore has announced his resignation as Superintendent of Schools
for the Crosby Independent School District effective June 30, 2018. The Board has accepted his
resignation. An Agreement has been reached which allows Dr. Moore the ability to pursue other
interests and permits the Board to begin the search process for new Superintendent.

On behalf of the entire District, the Board of Trustees expresses its sincere appreciation to Dr.
Moore for his efforts while serving as Superintendent of this great school district and its wonderful
students, parents and administrators, and for the many achievements and accomplishments of the
entire District team during Dr. Moore's tenure as Superintendent.

Dr. Moore thanks the present and past Board of Trustees for providing him with the Opportunity to
serve in the Crosby Independent School District. A school district is measured by the commitment
of the Board, staff and community to its children and their achievement. This District is indeed so
committed. Dr. Moore would like to express his heartfelt appreciation to the staff and comrhunity
for their support of the District?s programs and services during his term as Superintendent.

Success requires hard work, dedication, leadership and vision. The Board and Dr. Moore wish to
acknowledge and recognize the teachers, principals, administrators, staff, students, parents and
patrons who have all contributed to the District?s success.

The Board extends its best Wishes to Dr. Moore in his future endeavors. On its part, the Board will

soon begin its search for a new Superintendent as not to disrupt the District?s operations going
forward.

VOLUNTARY SEPARATION AGREEMENT PAGE 6

 

EXHIBIT 

CROSBY ISD BOARD OF TRUSTEES

January 22, 2018

To Whom It May Concern:

Please allow this letter to serve as my recommendation for employment of Dr. Keith Moore. As
Board President, it has been my pleasure to have worked with Dr. Moore in the Crosby Independent
School District. Dr. Moore has exhibited commitment and dedication to the Crosby ISD vision and
goals. He is a collaborative servant leader and has created a fresh new approach to team
management and leadership. He is an accomplished teacher and highly supportive of rigorous
student learning and quality teacher development.

Dr. Moore has served in the Crosby ISD since 2010 and has proactively faced challenges from day
one in the school district. Dr. Moore has werked diligently with others to shape the culture and
direction of the school district. During his tenure in the school district, Dr. Moore has admirably
provided his leadership to the District under increasingly dif?cult economic circumstances while
maintaining quali?ed staff and quality instructional programs and initiatives.

Dr. Moore possesses a hard work ethic. He thrives on being a ?change agent? for positive
improvement, and is above all, always proactive. He exhibits great vision and believes in building
the capacity of all school district team members.

I recommend Dr. Moore for any position of responsibility, most especially as school superintendent.

In conclusion, I know you will come to admire his dedication to children and learning as I do.

Sincerely,

Carla Mills Windfont
Crosby Independent School District Board President

VOLUNTARY SEPARATION AGREEMENT PAGE 7