Superintendent Payment Disclosure Form TEXAS EDUCATION AGENCY County-District Number 250905 Information Filed Pursuant to Texas Education Code (T EC) 51 1.201 Yantis ISD School District Name (ISD) Qollegtion Authority: T.E.C. ?11.201 instructions: Request for compliance information is for severance agreements executed on or after September 1. 2001. File a separate form for each former superintendent. if applicable. The Commissioner's Rules concerning severance payment and any reduction amount is to be applied in accordance with 19 Texas Administrative Code ?105.1021. Part 1 Complete the following questions: a. Former superintendent's name: Jerry Brem b. Date severance agreement was executed: 12'12'2017 0. Annual salam per superintendent employment contract terms agreed upon prior to ?rst day of service for last contract year of employment: 82 000 00 Please provide an itemized detail of total amount listed including any supporting documentation. the base salary, bene?ts, board minutes. contract amendments. school policies. etc.. on a separate sheet of paper: cl. Aggmgate pament amount of any salary andlor any other payment paid during last contract year of employment through date employment as superintendent ended: 48 183 00 Please provide an itemized detail of total amount listed and any supporting documentation. which also includes payments made on behalf of. membership fees. car lease, cell phone. etc.. on a separate sheet of paper. e. Aggregate payment amount of any salary and/or any other payment paid after employment as superintendent ended: 48,183.00 On a separate sheet ofpaper, please provide an itemized detail of total amount listed including any supporting documentation. 12-12-2017 i 6-30-2018 (Began) (Ended. if applicable) f. Datels) of employment with district after the execution of severance agreement: Part 2 Copies of Superintendent?s Documents: Superintendent document copies ?led with this form. Indicate if copy of the mandatog superintendent employment contract is enclosed. Indicate if copy of the mandatog tenninationlseverance agreement is enclosed. Indicate if copy of any agreement for employment. after employment as superintendent is enclosed. Part 3 Complete this information: Tracey Helfferich 112212013 thelfferich@yantisisd.net 410024 Current Superintendent's Name Date email address Signature James Van Winkle 1 [2212013 jvanwinkle@yantisisd.net Current Board President's Name Date email address Sig ture Tracey Helfferich 903-383-2462 Interim Superintendent District Contact Person's Name Telephone email address Title Part 4 Return to: Print Form Contact Person: Elsa Dominguez Email: elsa.dominguez@tea.texas.gov Division of School Financial Compliance 1701 Congress Avenue. Austin. TX 78701 Phone (512) 463-7652; Fax (512) 463 1777 Form-revised Mar. 2017 St Texas Education Agency 9 STATE OF TEXAS COUNTY OF WOOD RESIGNATION AND RELEASE AGREEMENT This Resignation and Release Agreement (hereinafter ?the Agreement") is made between Jerry Brem (also referred to as ?the Employee?) and the Yantis Independent School District (also referred to as ?the District? or ?Yantis through its Board of Trustees President, James VanWinlde. Yantis ISD and the Employee may be referred to collectively as ?the Parties.? WHEREAS, Employee is employed by the District under a Superintendent Term Contract for the period beginning May 5, 2017 and ending June 30, 2020; and WHEREAS, Employee has decided to resign from his with the District effective June 30, 2018; and WHEREAS, the Parties desire to fully and ?nally settle and compromise all claims, matters, disputes, and causes of action between and among them, and to enter into certain promises and agreements between them without admission of liability or fault by any of the Parties. NOW, THEREFORE, in order to ?Jlly document their agreement, and for and in consideration of the mutual covenants, promises and agreements contained herein, the receipt, adequacy, and suf?ciency of which are hereby acknowledged in ?ill accord and satisfaction, the Parties, intending to be legally bound, agree as follows: new 1. Employee hereby resigns, said resignation to be irrevocable and effective on June 30, 2018. Employee?s non-rescindable resignation is considered tendered by executing this Agreement and is considered accepted by the District contemporaneously with the execution of this Agreement. Employee shall also execute and deliver a letter of resignation, attached as Exhibit A, at the time this Agreement is executed. Through the date of resignation, including as noted in Paragraph 3 below, Employee shall continue to receive his salary and employment bene?ts which he is currently receiving. 2. Employee shall maintain the title of Superintendent until such time that the Board employs an Interim Superintendent or Superintendent; however, during this time, Employee shall remain on paid suspension and shall remain subject to all directives set forth in the November 14, 2017, letter notifying Employee that he had been suspended with pay. During this period of suspension with pay, Employee will cooperate ?illy with the District with respect to any request for assistance or information pertaining to Resignation and Release Agreement You?: ISD Jerry Brem Page 1 Employee?s prior job duties and responsibilities. Effective on the ?rst date of employment of an Interim Superintendent or Superintendent, Employee shall be employed as a Special Assistant to the Interim Superintendent/Superintendent reporting directly to the Board, and will be responsible on an as needed basis as requested by the Board President or Interim SuperintendentlSuperintendent, for assistance and transitioning administrative responsibilities. For this period of time in which Employee serves as Special Assistant, he shall utilize his accrued personal leave days. Employee will not maintain an office at the District. Employee may leave the employment of the District at any time prior to June 30, 2018, by ?ling an amended written resignation with the Board effective some date prior to June 30, 2018. If such a resignation is effective before June 30, 2018, the Parties agree that the District will only pay Employee's salary and bene?ts through the new effective date of such resignation. Further, if Employee obtains employment with any other public school district, private school or charter school prior to the effective date of his resignation under this Agreement, the effective date of resignation will automatically become that earlier date on which Employee?s employment begins with another public school district, private school or charter school. In addition, the pay and bene?ts payable to the Employee will be adjusted to the extent necessary to ensure that the Employee receives no more pay or bene?ts than those to which he would be entitled based on the effective date of his resignation. Employee shall notify the District immediately upon acceptance of employment with another public school district, private school or charter school. On or before the seventh calendar day after Employee executes this Agreement, Employee shall return to the Board President all District property in his possession, including keys and electronic devices, if any. In addition, on or before the seventh calendar day after Employee executes this Agreement, Employee shall retrieve his personal belongings Earn the District. Employee shall contact the Board President to arrange for the return of District property and the retrieval of his personal belongings. Employee acknowledges that prior to the District accepting Employee's resignation, Employee was informed in writing that a report will be ?led with the Texas Education Agency/State Board of Educator Certi?cation regarding allegations that Employee committed an unlawful act with a student or minor. Employee acknowledges that the report may result in sanctions to his educator certi?cation (the ?Reporting Matter?). Employee agrees to direct all prOSpective employers to contact the Board President for response. Upon receiving an employment inquiry, the Board President will not provide any verbal reference on behalf of Employee, but will only have the District routinely transmit administrative and personnel ?les required by law, including the continuation of Employee's dates of employment, his positions and titles held, and his salary information. Resignation and Release Agreement You?: ISD {Jerry Bram Page 2 7. As further valuable consideration the receipt of which is hereby acknowledged, Employee knowingly and voluntarily agrees to irrevocably and unconditionally RELEASE, ACQUIT, AND FOREVER DISCHARGE the District, its past, present, and future elected of?cials or trustees, employees, attorneys, representatives, of?cers, agents, and successors or assigns, all in both their of?cial and their individual capacities, from all past and present obligations, contract rights, damages, losses, personal injuries, criminal charges or complaints, rights to compensation, costs, expenses, fees, attorneys? fees, including any claim for attorneys? fees, demands, actions, causes of action, suits in law or equity of whatsoever kind or nature, including but not limited to any administrative review, Texas Commission on Human Rights Act (TCHRA), Of?ce of Civil Rights (OCR) and/or Equal Employment Opportunity Commission (EEOC) complaints, and declaratory judgment, for damages or any type of relief, under common law, federal and state constitutional and statutory law, including the Age Discrimination in Employment Act (ADEA), administrative regulation, or otherwise, known or unknown, director derivative, existing or to exist, based upon any act or omission up to the execution of this Agreement. It is the intent of Employee to release ANY AND ALL claims of any kind or character that Employee has or might have against the District, its employees, agents, trustees or representatives up to and including the effective date of this Agreement. This release does NOT extend to any claims based upon or arising out of any act or omission occurring alter the Effective Date of this Agreement. . This release and waiver by Employee includes a waiver of his rights under the Age Discrimination in Employment Act codi?ed in 29 U.S.C. ?626(i). This waiver of rights under 29 U.S.C. {5626(1) only applies to those rights or claims arising at or before the date on which this Agreement is executed by Employee and those rights are knowingly waived in exchange for the consideration provided in paragraph 1 of this Agreement. Employee's execution of this Agreement acknowledges that he has consulted his attorney regarding this Agreement. Employee voluntarily and knowingly manifests his consent to this Agreement through his signature of the Agreement. Employee has been given twenty-one (21) days within which to consider this Agreement and shall have seven (7) days after signing the Agreement to revoke the Agreement. The Agreement shall be irrevocable and binding upon Employee, his heirs and assigns, after the expiration of the revocation period. . Likewise, the District, its past, present, and future elected o?icials or trustees, employees, attorneys, representatives, o?ieers, agents, and successors or assigns, all in both their official and their individual capacities, knowingly and voluntarily agree to irrevocably and unconditionally RELEASE, ACQUIT, AND FOREVER DISCHARGE Employee from all past and present obligations, contract rights, damages, losses, personal injuries, rights to compensation, costs, expenses, fees, attorneys? fees, including any claim for attorneys? fees, demands, actions, causes of action, suits in law or equity of whatsoever kind or nature, known or unknown, direct or derivative, existing or to exist, based upon any act or omission up to the execution of this Agreement. It is the intent of the District to release ANY AND ALL claims of any kind or character that Resignation and Release Agreement Yantis ISD Brunt Page 3 the District has or might have against the Employee up to and including the effective date of this Agreement. This release does NOT extend to any claims based upon or arising out of any act or omission occurring after the Effective Date of this Agreement. Additionally, this provision is not intended to and does not preclude the District from making any report(s) to Texas Education Agency/State Board for Educator Certi?cation or to a law enforcement agency, which were or may be brought to the attention of the District before or a?er the effective date of .this Agreement, including the Reporting Matter addressed in Paragraph 5 above, nor does it preclude the District from responding to inquiries and otherwise cooperating with these agencies in connection with any investigation by said agency. 10. The Employee further agrees. to the fullest extent permitted by law, to refrain hour 11. 12. 13. instituting, prosecuting, pressing, or in anyway aiding in the institution or prosecution of any lawsuit, claim, action, grievance, appeal or administrative proceeding against the District, its past, present and future trustees, employees, representatives, and assigns, both in either their individual or in their of?cial capacities, for any claim or cause of action regarding, relating to or arising from any acts or events occurring before the date of execution of this Agreement by the Employee. It is the express and unequivocal intent of the Employee to release, to the fullest extent permitted by law all claims of any kind or character whatsoever that Employee has or might have against the District, its employees, agents, trustees or representatives, whether current or former, all both in their of?cial and in their individual capacities, up to and including the date of Employee's execution of this Agreement. In the event Employee ?les or participates in any charge, complaint, administrative investigation 'or administrative proceeding, Employee hereby waives and releases Employee?s right to recover monetary damages in any charge, complaint, administrative proceeding or lawsuit filed by Employee or by any person or entity on Employee's behalf. In the event either party violates the terms of the waivers, releases and discharges contained in this Agreement, then the violating party shall defend, hold harmless and indemnify the other party, ?om all demands, claims, suits, actions, judgments, expenses and attorneys? fees incurred in any legal or administrative proceedings brought by, through, under, or in the name of, or on behalf of the violating party arising {tent or in any way related to any claim or cause of action regarding, relating to or arising from any acts or events occurring before the date of execution of this Agreement by the Parties, including but not limited to any and all costs incurred to defend against any such claims, charges, administrative proceedings or suits brought by, through, under, or in the name of violating party. This Agreement is not and shall not be construed as an admission by either party of any allegation, assertion, or conclusion regarding the employment or cessation of employment of Employee with Yantis ISD. This document is the ?nal agreement of the Parties. The Parties are not relying on any representations or promises between the Parties other than those set out in this Resignation and liaison Agreement Yams ISD Jerry Page 4 (7 f? Agreement. There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties relating to the subject matter of this Agreement which are not fully expressed in this document. This Agreement may not be modi?ed or amended except by written agreement executed by the parties hereto. 14. The parties hereto expressly acknowledge and agree that nothing in the Agreement is 15. meant to waive, release or extinguish any right on the part of either party hereto to ?le a lawsuit to enforce this Agreement and to seek to recover any and all damages caused by any breach of this Agreement. However, prior to and as a condition precedent to the institution of any such legal proceeding, the parties hereto agree to attempt to resolve any dispute arising from or with regard to the interpretation or performance of this Agreement through non-binding mediation presided over by a mediator mutually acceptable to the parties. AS NOTED ABOVE, TI-IIS AGREMEENT T0 ENGAGE IN NON-BINDING MEDIA ON- IS INTENDED BY THE PARTIES TO THIS AGREEMENT TO BE, AN IS IN FACT, A CONDITION PRECEDENT TO THE FILING OF ANY CLAIM OR DISPUTE INVOLVING THE INTERPRETATION OR PERFORMANCE OF THIS AGREEMENT. The provisions of this Agreement are sevei'able and the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. It is the intention of the parties that each provision of this Agreement be construed in a manner designed to effectuate the purposes of such provision to the maximum extent enforceable under applicable law. 16. This Agreement shall be construed without regard to the identity of the person or persons who drafted the provision contained herein. Each and every provision of this Agreement has been reviewed by each party, and each party has participated equally in the process of reaching this Agreement. As a result, each and every provision of this Agreement shall be construed as if each party hereto participated equally' 1n the drafting hereof Any rule of construction that the document 18 to be construed against drafting parties shall not be applicable to this Agreement. 17. Except as otherwise specifically provided in this Agreement, the Parties agree that the Employee remains subject to the terms, conditions, responsibilities and duties as set out in his current employment contract with the District. Resignation and Release Agreement Youth ISD {Jerry Brent Page 5 The EFFECTIVE DATE of this Agreement is deemed by the parties to be the most recent execution date set out below. The Parties have made ecuted this Agreement on the dates 'stated below. Date: . For: YANTIS INDEPENDENT SCHOOL DISTRICT Date: By: 3&an )m JAMES VANWINKLE, Board President Resignation and Release Agreement Yantfs JED Jerry Bren: Page 6 YANTIS ISD BOARD OF TRUSTEES December I l, 2017 James VanWinkle, President Board of Trustees Yantis Independent School District 105 W. Oak Yantis, TX 75497 Dear Mr. VanWinkle: I hereby submit my resignation as Superintendent of the Yantis Independent School District, to be effective at 1 1:59 pm. June 30, 2018. My resignation as the Superintendent and as an employee of the Yantis Independent School District is tendered, subject to, and in accordance with, the terms, conditions and provisions of that certain Resignation and Release Agreement between the Yantis Independent School District and me effective the 1'h day of December, 2017. Sincerely, Superint- 0 Superintendent Term Contract This Contract is entered into between the Board of Trustees (the ?Board") of AMI 3 INDEPENDENT SCHOOL DISTRICT (the ?District") and re (the ?Superintendent?). The Board and the Superintendent, for and in consideration for the terms stated in this Contract, hereby agree as follows: 1. Term. The Board agrees to employ the Superintendent on a twelve-month basis per school year, beginning 4 2011 and endingf?? 20 The Board and the (the ?Parties") may extend the term of this Contract by agreement. Certification. The Superintendent agrees to maintain the required certi?cation throughout the term of employment with the District. If the Superintendent?s certi?cation expires, is canceled, or is revoked, this Contract is void. Representations. The Superintendent makes the following representations: Beginning of Contract: At the beginning of this Contract, and at any time during this Contract, the Soperintendent speci?cally agrees to submit to a review of his or her national criminal history record information (NCHRI) if required by the District, TEA, or SBEC. The Superintendent understands that a criminal history record acceptable to the Board, at its sole discretion, is a condition precedent to this Contract. 3.2 During Contract: The Superintendent also agrees that, during the term of this Contract, the Superintendent will notify the Board in writing of any arrest or of any indictment, conviction, no contest or guilty plea, or other adjudication of the Superintendent. The Superintendent agrees to provide such noti?cation in writing within seven calendar days of the event or any shorter period Speci?ed in Board policy. 3.3 False Statements and Misrepresentations: The Superintendent represents that any records or information provided in connection with his or her employment application are true and correct. Any false statements, misrepresentations, omissions of requested information, or fraud by the Superintendent in or concerning any required records or in the employment application may be grounds for termination or nonrenewal, as applicable. Duties. The Superintendent shall be the educational leader and chief executive officer of the District. The Superintendent agrees to perform his or her duties as follows: 4.1 Authority: The Superintendent shall perform such duties and have such powers as may be prescribed by the law and the Board. The Board shall have the right to assign additional duties to the Superintendent and to make changes in responsibilities or work at any time during the contract term. All duties assigned by the Board shall be apprOpriate to and consistent with the professional role and responsibility of the Superintendent. 61 TASB Legal Services Guide to Superintendent Contracts 2014. Texas Association of School Boards, Inc. All rights reserved. 4.2 Standard: Except as otherwise permitted by this Contract, the SUperintendent agrees to devote his or her ?ill time and energy to the performance of his or her duties. The Superintendent shall perform his or her duties with reasonable care, skill, and diligence. The Superintendent shall comply with all Board directives, state and federal laws and rules, Board policy, and regulations as they exist or may hereafter be amended. Compensation. The District shall pay the Superintendent an annual salary as follows: 5.1 Salary: 4 0:08 Dollars per year. Widespread Salary Reduction. If the Board implements a widespread salary reduction under Texas Education Code section 21.4023, the Superintendent?s annual salary shall be reduced by the percent or fraction of a percent that is equal to the average percent or fraction of a percent by which teacher salaries have been reduced. Furlough. If the Board implements a ?Jrlough under Texas Education Code section 21.4021, the Superintendent shall be ?Jrioughed for the same number of days as other contract personnel and the Superintendent's salary shall be reduced in proportion to the number of furlough days. 5.2 Bene?ts: The District shall provide bene?ts to the Superintendent as provided by state law and Board policies. The Board reserves the right to amend its policies at any time during the term of this Contract to reduce or increase these benefits, at the Board?s sole discretion. Suspension. In accordance with Texas Education Code chapter 21, the Board may suspend the Superintendent without pay during the term of this Contract for good cause as determined by the Board. Termination and Nonrenewal of Contract. Termination or nonrenewal of this contract, or resignation under this contract, will be pursuant to Texas Education Code chapter 21. General Provisions. 8.1 Amendment: This Contract may not be amended except by written agreement of the Parties. 8.2 Severability: If any provision in this Contract is, for any reason, held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision of the Contract. This Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been a part of the Contract. 8.3 Entire Agreement: All existing agreements and contracts, both verbal and written, between the Parties regarding the employment of the Superintendent are superseded by this Contract. This Contract constitutes the entire agreement between the Parties. 62 TASB Legal Services Guide to Superintendent Contracts 2014. Texas Association of School Boards, inc. All rights reserved. 8.4 Applicable Law and Venue: Texas law shall govern construction of this Contract. The Parties agree that venue for any litigation relating to the Superintendent?s employment with the District, including this Contract, shall be the county in which the District?s administration building is located. If litigation is brought in federal court, the Parties agree that venue shall be the federal district and division in which the district? administration building is located. 8.5 Paragraph Headings: The headings used at the beginning of each numbered paragraph in this Contract are not intended to have any legal effect; the headings do not limit or expand the meaning of the paragraphs that follow them. 8.6 Legal Representation: Both Parties have been represented by legal counsel of their choice, or have had the opportunity to consult with legal counsel, in the negotiation and execution of this Contract. 9. Notices. 9.1 To Superintendent: The Superintendent agrees to keep a current address on ?le with the District?s human resources of?ce and the Board President. The Superintendent agrees that the Board may meet any legal obligation it has to give the Superintendent written notice regarding this Contract or the Superintendent?s employment by hand- delivery, or by certi?ed mail, regular mail, and/or express delivery service to the Superintendent?s address of record. 9.2 To Board: The Board agrees that the Superintendent may meet any legal obligation to give the Board written notice regarding this Contract or the Superintendent?s employment by providing one copy of the notice to the President of the Board and one copy to the Vice President of the Board. The Superintendent may provide such notices by hand delivery, or by certi?ed mail, regular mail, and/or express delivery service, to the Board President and Vice President?s addresses of record, as provided to the District. I have read this Co trac an 3% to abide by its terms and conditions: Superintenden Date signed: \5 2:6] '1 Independent School District By . Presid t, Board of rustees 63 TASB Legal Services Guide to Superintendent Contracts 2014. Texas Association of School Boards, Inc. All rights reserved. Cyamtis gmdepemdemt ?tsttict 105 West Oak Street Yantis, Texas 75497 Phone: (903) 383-2463 Fax: (903) 383-7620 - OF THE January 24, 2018 VIA U.S. CERTIFIED MAIL RR: 101.}: two ago; am, 79' 50 AND VIA EMAIL: elsa.dominguez@tea.texas.gov Ms. Elsa Dominquez . Texas Education Agency Division of School Financial Audits 1701 N. Congress Avenue Austin, Texas 78701 Dear Ms. Dominquez: Please find enclosed a Superintendent Payment Disclosure Form from Yantis Independent School District (Yantis ISD) regarding the separation of Jerry Brem, Superintendent of Yantis ISD. Although the District does not believe the payment(s)- addressed herein constitute a severance payment as de?ned by Sections 105.1022 and 1.05.1023 of the Texas Administrative Code, this report is being filed in an abundance of caution in order to comply with the requirements of the Texas Administrative Code. The District is ?ling the report to comply with any regulatory duty that may eXist. However, it does not appear that the payment(s) will have any ?nancial impact on the District?s-state- funding, regardless of the classi?cation of these payments, based on the amount of the payments. I On December 11, 2017, Mr. Brem submitted his resignation from Yantis ISD, effective June 30, 2018. Mr. Brem and the'District signed a formal Resignation and Release Agreement on that date. See Exhibit Note that Mr. Brem continued to actively serve as Superintendent of Schools through November 14, 2017, when he was suspended with pay. Mr. Brem remained on suspension with pay through January 8, 2018, and will remain on leave and utilize accrued personal leave days from January 9, 20-18 through the effective date of his resignation, June 30, 2018, unless he resigns at an earlier date. I served asActing Superintendent with the District from November 15, 2017 through January 8, 2018, and have served as Interim Superintendent from January 9, 2018 to the present time. Regardless of the classification of his agreement with the District, even a cursory examination of the numbers reveal that the District is not going to pay Mr. Brem more than one year?s salary and bene?ts between his last day of work as a Superintendent and the effective date of his resignation. Ms. Elsa Dominquez January 24, 2018 Page 2 of 2 A copy of Mr. Brem?s employment contract is attached as Exhibit In response to Part LC. of the Superintendent Payment Disclosure Form, Mr. Brem?s base salary as reflected in his contract for the current school year is $82,000.00, before any other payments and/or bene?ts of any kind. Exhibit #3 details all other monetary bene?ts provided to Mr. Brem by his contract. In response to part Id. of the Superintendent Payment Disclosure Form, a summary of the compensation and bene?ts paid to Mr. Brem from the first date of his employment contract, (May 5, 2017), through December 11, 2017, (the date he submitted his resignation and signed the release agreement), is attached in the form of payroll ledger sheets as Exhibit As re?ected in response to part after his salary and all other bene?ts were added, Mr. Brem was paid or received bene?ts in the amount of $48,183.00 between the ?rst day of his employment contract (May 5, 2017), and the effective date of his resignation agreement (December 11, 2017). In response to question Part 1.e. of the Superintendent Payment Disclosure Form, a summary of the salary and other bene?ts paid to Mr. Brem since the effective date of the resignation agreement is attached in the form of a payroll ledger sheet as Exhibit The payroll ledger shows that since the date of the resignation agreement (December 11, 2017) Mr. Brem has received payments and/or bene?ts in the amount of $48,183.00. payments will continue in like amounts through the effective date of his resignation, June 30, 2018. These payments were contractually agreed by the resignation agreement and ?are less than one? year salary and bene?ts. If any circumstance changes between this date and June 30, 2018, the District will ?le an amended report with TEA . Again, although the payments made to Mr. Brem are not contemplated to be made as a severance payment, the District has ?led-this report in order to strictly comply with the requirements of the Texas Administrative-Code. If the District?s responses to any of the questions on the form do not provide the information sought by TEA, or if you need additional information regarding this matter, please do not hesitate to contact me. Sincerely, Tracey Helferich Acting Superintendent .Yantis ISD Enclosures cc: Mr. James VanWinkle, Board President Superintendent Payment Disclosure Form TEXAS EDUCATION AGENCY CountyaDistrict Number 250905 information Filed Pursuant to Texas Education Code (TEC) ?11.201 Yantis School District Name Collection Authority: T.E.C. ?1t.201 Instructions: Request for compliance information is for severance agreements executed on or after September 1, 2001. File a separate form for each former superintendent, if applicable. The Commissioner?s Rules concerning severance payment and any reduction amount is to be applied in accordance with 19 Texas Administrative Code ?105.1021. Part 1 Complete the following questions: a. Former supen?ntendent?s name: Jerry Brem b. Date severance agreement was execute . d. 12?12-2017 c. Annual salary per superintendent employment contract terms agreed upon prior to ?rst day of service for last contract year of employment: 82,000.00 Please provide an itemized detail of total amount listed including any supporting documentation, the base salary, benefits, board minutes, contract amendments, school policies, etc, on a separate sheet of paper. d. Aggregate payment amount of any salary and/or any other payment paid during last contract year of employment through date employment as superintendent ended: 48,183.00 Please provide an itemized detail of total amount listed and any supporting documentation, which also includes payments made on behalf of, membership fees, car lease, cell phone, etc., on a separate sheet of paper. e. Aggregate payment amount of any saiary and/or any other payment paid after employment as superintendent ended: 48,183.00 On a separate sheet of paper, please provide an itemized detail of total amount listed including any supporting documentation. f. Date(s) of employment with district after the execution of severance agreement: Part 2 Copies of Superintendent?s Documents: Superintendent document copies ?led with this form. 12-12-2017 630201 8 (Began) (Ended. if applicable) Indicate if copy of the mandatory superintendent employment contract is enclosed. Indicate if copy of the mandatory termination/severance agreement is enclosed. Indicate if copy of any agreement for employment. after employment as superintendent is enciosed. Part 3 Compiete this information: Tracey Hetfferich 1/22/2018 thelfferich@yantisisd. net Current Superintendent's Name Date email address SignatureV James Van Winkle 1/22/2013 jvanwinkie@yantisisd.net Current Board President?s Name Date email address Tracey Heifferich 903683-2462 thelfferich@yantisisd.net interim Superintendent District Contact Person's Name Telephone Part 4 Return to: Contact Person: Elsa Dominguez Emaii: elsa.dominguez@tea.texas.gov Texas Education Agency Division of School Financial Compiiance 1701 Congress Avenue. Austin. TX 78701 Phone (512) 463?7652; Fax (5?12) 463 1777 email address Title c. AUDOO1 R01 Form?revised Mar. 2017 YANTIS ISD BOARD OF TRUSTEES December 1 l, 2017 James VanWinkle, President Board of Trustees Yantis Independent School District 105 W. Oak Yantis, TX 75497 Dear Mr. VanWinkle: I hereby submit my resignation as Superintendent of the Yantis Independent School District, to be effective at 1 1:59 pm. June 30, 2018. My resignation as the Superintendent and as an employee of the Yantis Independent School District is tendered, subject to, and in accordance with, the terms, conditions and provisions of that certain Resignation and Release Agreement between the Yantis Independent School District and me effective the 11?? day of December, 2017. . Sincerely, Superintendent Term Contract This Contract is entered into between the Board of Trustees (the ?Board?) of 5 INDEPENDENT SCHOOL DISTRICT (the ?District?) and (330' 71 gram (the ?Superintendent?). The Board and the Superintendent, for and in consideration for the terms stated in this Contract, hereby agree as follows: 1. Term. The Board agrees to employ the Superintendent on a twelve~month basis per school year, beginning moat] 2041 and ending 3d 20 The Board and the Superidtendent (the ?Parties?) may extend the term of this Contract by agreement. Certi?cation. The Superintendent agrees to maintain the required certi?cation throughout the term of employment with the District. If the Superintendent?s certi?cation expires, is canceled, or is revoked, this Contract is void. Representations. The Superintendent makes the following representations: Beginning of Contract: At the beginning of this Contract, and at any time during this Contract, the Superintendent speci?cally agrees to submit to a review of his or her national criminal history record information (NCHRI) if required by the District, TEA, or SBEC. The Superintendent understands that a criminal history record acceptable to the Board, at its sole discretion, is a condition precedent to this Contract. 3.1 3.2 During Contract: The Superintendent also agrees that, during the term of this Contract, the Superintendent will notify the Board in writing of any arrest or of any indictment, conviction, no contest or guilty plea, or other adjudication of the Superintendent. The Superintendent agrees-to provide such noti?cation in writing within seven calendar days of the event or any shorter period speci?ed in Board policy. False Statements and Misrepresentations: The Superintendent represents that any records or information provided in connection with his or her employment application are true and correct. Any false statements, misrepresentations, omissions of requested information, or fraud by the Superintendent in or concerning any required records or in the employment application may be grounds for termination or nonrenewal, as applicable. 3.3 Duties. The Superintendent shall be the educational leader and chief executive officer of the District. The Superintendent agrees to perform his or her duties as follows: Authority: The Superintendent shall perform such duties and have such powers as may be prescribed by the law and the Board. The Board shall have the right to assign additional duties to the Superintendent and to make changes in responsibilities or work at any time during the contract term. All duties assigned by the Board shall be appropriate to and consistent with the professional role and responsibility of the Superintendent. 4.1 61 TASB Legal Services? Guide to Superintendent Contracts 2014. Texas Association of School Boards, Inc. All rights reserved. 4.2 Standard: Except as otherwise permitted by this Contract, the Superintendent agrees to devote his or her full time and energy to the performance of his or her duties. The Superintendent shall perform his or her duties with reasonable care, skill, and diligence. The Superintendent shall comply with all Board directives, state and federal laws and rules, Board policy, and regulations as they exist or may hereafter be amended. Compensation. The District shall pay the Superintendent an annual salary as follows: 5.1 Salary: 4 @408 Dollars per year. Widespread Salary Reduction. If the Board implements a wideSpread salary reduction under Texas Education Code section 21.4023, the Superintendent?s annual salary shall be reduced by the percent or fraction of a percent that is equal to the average percent or fraction of a percent by which teacher salaries have been reduced. Furlough. If the Board implements a furlough under Texas Education Code section 21.4021, the Superintendent shall be furloughed for the same number of days as other contract personnel and the Superintendent?s salary shall be reduced in proportion to the number of furlough days. 5.2 Bene?ts: The District shall provide bene?ts to the Superintendent as provided by state law and Board policies. The Board reserves the right to amend its policies at any time during the term of this Contract to reduce or increase these bene?ts, at the Board?s sole discretion. Suspension. In accordance with Texas Education Code chapter 21, the Board may suspend the Superintendent without pay during the term of this Contract for good cause as determined by the Board. Termination and Nonrenewal of Contract. Termination or nonrenewal of this contract, or resignation under this contract, will be pursuant to Texas Education Code chapter 21. General Provisions. 8.1 Amendment: This Contract may not be amended except by written agreement of the Parties. 8.2 Severability: If any provision in this Contract is, for any reason, held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision of the Contract. This Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been a part of the Contract. 8.3 Entire Agreement: All existing agreements and contracts, both verbal and written, between the Parties regarding the employment of the Superintendent are superseded by this Contract. This Contract constitutes the entire agreement between'the Parties. 62 TASB Legal Services Guide to Superintendent Contracts 2014. Texas Association of School Boards, Inc. All rights reserved. 8.4 Applicable Law and Venue: Texas law shall govern construction of this Contract. The Parties agree that venue for any litigation relating to the Superintendent?s employment with the District, including this Contract, shall be the county in which the District?s administration building is located. If litigation is brought in federal court, the Parties agree that venue shall be the federal district and division in which the district? administration building is located. Paragraph Headings: The headings used at the beginning of each numbered paragraph in this Contract are not intended to have any legal effect; the headings do not limit or expand the meaning of the paragraphs that follow them. 8.5 Legal Representation: Both Parties have been represented by legal counsel of their choice, or have had the opportunity to consult with legal counsel, in the negotiation and execution of this Contract. 8.6 9. Notices. To Superintendent: The Superintendent agrees to keep a current address on ?le with the District?s human resources of?ce and the Board President. The Superintendent agrees that the Board may meet any legal obligation it has to give the Superintendent written notice regarding this Contract or the Superintendent?s employment by hand? delivery, or by certi?ed mail, regular mail, and/or express delivery service to the Superintendent?s address of record. 9.1 To Boa rd: The Board agrees that the Superintendent may meet any legal obligation to give the Board written notice regarding this Contract or the Superintendent?s employment by providing one copy of the notice to the President of the Board and one copy to the Vice President of the Board. The Superintendent may provide such notices by hand delivery, or by certi?ed mail, regular mail, and/or express delivery service, to the Board President and Vice President?s addresses of record, as provided to the District. 9.2 to abide by its terms and-conditions: have read this Co tract an A Independent School District 56 By Presicl t, Board of rustees Datesigned1H?M f3: 33-0/7 63 ASE Legal Services Guide to Superintendent Contracts 2014. Texas Association of School Boards, Inc. All rights reserved. STATE OF TEXAS . COUNTY or woon RESIGNATION AND RELEASE AGREEMENT This Resignation and Release Agreement (hereinafter ?the Agreement?) is made between Jerry Brem (also referred to as ?the Employee?) and the Yantis Independent School District (also referred to as ?the District? or ?Yantis through its Board of Trustees President, James VanWinkle. Yantis ISD and the Employee may be referred to collectively'as ?the Parties.? WHEREAS, Employee is employed by the District under a superintendent Term Contract for the period beginning May 5, 2017 and ending June 30, 2020; and WHEREAS, Employee has decided to resign from his with the District effective June 30, 2018 and WHEREAS, the Parties desire to fully and ?nally settle and compromise all claims, matters, disputes, and causes of action between and among them, and to enter into certain promises and agreements between them without admission of liability or fault by any of the Parties. NOW, THEREFORE, in order to fully document their agreement, and for and in consideration of the mutual covenants, promises and agreements contained herein, the receipt, adequacy, and suf?ciency of which are hereby acknowledged in full accord and satisfaction, the Parties, intending to be legally bound, agree as follows: AGREEMENT 1. Employee hereby resigns, said resignation to be irrevocable and effective on June 30, 2018. Employee?s non-rescindable resignation is considered tendered by executing this Agreement and is considered accepted by the District contemporaneously with the execution of this Agreement. Employee shall also execute and deliver a letter of resignation, attached as Exhibit A, at the time this Agreement is executed. Through the date of resignation, including as noted in Paragraph 3 below, Employee shall continue to receive his salary and employment bene?ts which he is currently receiving. 2. Employee shall maintain the title of Superintendent until such time that the Board employs an Interim Superintendent or Superintendent; however, during this time, Employee shall remain on .paid suspension and shall remain subject to all directives set forth in the November 14, 2017, letter notifying Employee that he had been suspended with pay. During this period of suspension with pay, Employee will cooperate fully with the District with reSpect to any request for assistance or information pertaining to Resignation and Release Agreement Yantis ISD Jerry. Bram Page I Employee?s prior job duties and responsibilities. Effective on the ?rst date of employment of an Interim Superintendent or Superintendent, Employee shall be employed as a Special Assistant to the Interim reporting directly to the Board, and will be responsible on an as needed basis as requested by the Board President or Interim for assistance and transitioning administrative responsibilities. For this period of'time ?in which Employee serves as Special Assistant, he shall utilize his accrued personal leave days. Employee will not maintain an of?ce at the District. . Employee may leave the employment of the District at any time prior to June 30, 2018, by ?ling an amended written resignation with the Board effective some date prior to June 30, 2018. If such a resignation is effective before June 30, 2018, the Parties agree that the District will only pay Employee?s salary and bene?ts through the new effective date of such lesignation Further, if Employee obtains employment with any other public school district, private school or charter school prior to the effective date of his resignation under this Agreement, the effective date of resignation will automatically become that earlier date on which Employee 3 employment begins with another public school district, private school or charter" school. In addition, the pay and bene?ts payable to the Employee will be adjusted to the extent necessary to ensure that the Employee receives no more pay or bene?ts than those to which he would be entitled based on the effective date of his resignation. Employee shall notify? the District immediately upon acceptance of employment with another public school district, private school or charter school. . On or before the seventh calendar day after Employee executes this Agreement, Employee shall return to the Board President all District property in his possession, including keys and electronic devices, if any. In addition, on or before the seventh calendar day after Employee executes this Agreement, Employee shall retrieve his personal belongings from the District. Employee shall contact the Board President to arrange for the return of District property and the retrieval of his personal belongings. . Employee acknowledges that prior to the District accepting Employee?s resignation, Employee was informed in writing that a report will be ?led with the Texas Education Agency/State Board of Educator Certi?cation regarding allegations that Employee committed an unlawful act with a student or minor. Employee acknowledges that the report may result in sanctions to his educator certi?cation (the ?Reporting Matter?). . Employee agrees to direct all prospective employers to contact the Board President for reaponse. Upon receiving an employment inquiry, the Board President will not provide any verbal reference on behalf of Employee, but will only have the District routinely transmit administrative and personnel files required by law, including the con?rmation of Employee?s dates of employment, his positions and titles held, and his salary information. Resignation and Release Agreement Yarm's ISD Jar-1y Bram Page 2 7. As further valuable consideration the receipt of which is hereby acknowledged, Employee knowingly and voluntarily agrees to irrevocably and unconditionally RELEASE, ACQUIT, AND FOREVER. DISCHARGE the District, its past, present, and future elected of?cials or trustees, employees, attorneys, representatives, of?cers, agents, and successors or assigns, all in both their of?cial and their individual capacities, from all past and present obligations, contract rights, damages, losses, personal injuries, criminal charges or complaints, rights to compensation, costs, expenses, fees, attorneys? fees, including any claim for attorneys? fees, demands, actions, causes of action, suits in law or equity of whatsoever kind or nature, including but not limited to any administrative review, Texas Commission on Human Rights Act (TCHRA), Of?ce of Civil Rights (OCR): and/or Equal Employment Opportunity Commission (EEOC) complaints, and declaratory judgment, for damages or any type of relief, under common law, federal and state constitutional and statutory law, including the Age Discrimination in Employment Act (ADEA), administrative regulation, or otherwise, known or unknown, direct or derivative, existing or to exist, based upon any act or omission up to the execution of this Agreement. It is the intent of Employee to release ANY AND ALL claims of any kind or character that Employee has or might have against the District, its employees, agents, trustees or representatives up to and including the effective-date of this Agreement. This release does NOT extend to any claims based upon or arising out of any act or omission occurring after the Effective . Date of this Agreement. . This release and waiver by Employee includes a waiver of his rights under the Age Discrimination in Employment Act codified in 29 U.S.C. This waiver of rights under 29 U.S.C. ?626(i) only applies to those rights or claims arising at or before the date on which this Agreement is executed by Employee and those rights are knowingly waived in exchange for the consideration provided in paragraph 1 of this Agreement._ Employee's execution of this Agreement acknowledges that he has consulted his attorney regarding this Agreement. Employee voluntarily and knowingly manifests his consent to this Agreement through his signature of the Agreement. Employee has been . given twenty?one (21) days within which to consider this Agreement and shall have seven (7) days after signing the Agreement to revoke the Agreement. The Agreement shall be irrevocable and binding upon Employee, his heirs and assigns, a?er the expiration of the revocation period. . Likewise, the District, its past, present, and future elected officials or trustees, employees, attorneys, representatives, of?cers, agents, and successors or assigns, all in both their official and their individual capacities, knowingly and voluntarily agree to irrevocably and unconditionally RELEASE, ACQUIT, AND FOREVER DISCHARGE Employee from all past and present obligations, contract rights, damages, losses, personal injuries, rights to compensation, costs, expenses, fees, attorneys? fees, including any claim for attorneys? fees, demands, actions, causes of action, suits in law or equity of whatsoever kind or nature, known or unknown, direct or derivative, existing or to exist, based upon any act or omission up to the execution of this Agreement It is the intent of the District to release ANY AND ALL claims of any kind or character that Resignation and Release Agreement Yanh?r [.90 /Jerry Bram Page 3 10. the District has or might have against the Employee up to and including the effective date of this Agreement; This release does NOT extend to any claims based upon or arising out of any act or omission occurring after the Effective Date of this Agreement. Additionally, this provision is not intended to and does not preclude the District from making any report(s) to Texas Education Agency/State Board for Educator Certi?cation or to a law enforcement agency, which were or may be brought to the attention of the District before or after the effective date of this Agreement, including the Reporting Matter addressed in Paragraph 5 above, nor does it preclude the District from responding to inquiries and otherwise cooperating with these agencies in connection with any investigation by said agency. The Employee further agrees, to the? fullest extent permitted by law, to refrain from instituting, prosecuting, pressing, or in any way aiding in the institution or prosecution 'of any lawsuit, claim, action, grievance, appeal or administrative proceeding against the District, its past, present and future trustees, employees, representatives, and assigns, - both in either their individual or in their of?cial capacities, for any claim or cause of 11. 12. 13. action regarding, relating to or arising from any acts or events occurring before the date of execution of this Agreement by the Employee. It is the express and unequivocal intent of the Employee to release, to the fullest extent permitted by law all claims of any kind or character whatsoever that Employee has or might have against the District, its employees, agents, trustees or representatives, whether current or former, all both in their of?cial and in their individual capacities, up to and including the date of Employee?s execotion of this Agreement. In the event Employee ?les or participates in any charge, complaint, administrative investigation 'or? administrative proceeding, Employee hereby waives and releases Employee?s right to recover monetary damages in any charge, complaint, administrative proceeding or lawsuit ?led by Employee or by any person or entity on Employee?s behalf. In the event either party violates the terms of the waivers, releases and discharges contained in this Agreement, then the violating party shall defend, hold harmless and indemnify the other party, from all demands, claims, suits, actions, judgments, expenses and attorneys? fees incurred in any legal or administrative proceedings brought by, through, under, or in the name of, or on behalf of the violating party arising from or in any way related to any claim or cause of action regarding, relating to or arising from any acts or events occurring before the date of execution of this Agreement by the Parties, including but not limited to any and all costs incurred to defend against any such claims, charges, administrative proceedings or suits brought by, through, under, or in the name of violating party. This Agreement is not and shall not be construed as an admission by either party of any allegation, assertion, or conclusion regarding the employment or cessation of employment of Employee with Yantis ISD. This document is the ?nal agreement of the Parties. The Parties are not relying on any representations or promises between the Parties other than those set out in this Resignation and Release Agreement Yantis ISD Jerry Bram Page 4 Agreement. There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties relating to the subject matter of this Agreement which are not fully expressed in this document. This Agreement may not be modi?ed or amended except by written agreement executed by the parties hereto. 14. The parties hereto expressly acknowledge and agree that nothing in the Agreement is 15. 16. meant to waive, release or extinguish any right on the part of either party hereto to ?le ,a lawsuit to enforce this Agreement and to seek to recover, any and all damages caused by any breach of this Agreement. However, prior to and as a condition precedent to the institution of any such legal proceeding, the parties hereto agree to attempt to resolve any dispute arising from or with regard to the interpretation-or performance of this Agreement through non-binding mediation presided over by a mediator mutually acceptable to the parties. AS NOTED ABOVE, THIS AGREMEENT TO ENGAGE IN MEDIATION- IS INTENDED BY THE PARTIES TO THIS AGREEMENT TO BE, AND IS IN FACT, A CONDITION PRECEDENT TO THE FILING OF ANY CLAIM OR DISPUTE INVOLVING THE INTERPRETATION OR PERFORMANCE OF THIS AGREEMENT. The provisions of this Agreement are seveiable and the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. It is the intention of the parties that each provision of this Agreement be construed in a manner designed to effectuate the purposes of such provision to the maximum extent enforceable under applicable law. This Agreement shall be construed without regard to the identity of the person or persons who drafted the provision contained herein. Bach and every provision of this Agreement has been reviewed by each party, and each party has participated equally in the process of reaching this Agreement. As a result, each and every provision of this Agreement shall be construed as if each party hereto participated equally in the drafting hereof. Any rule of construction that the document is to be construed against drafting parties shall not be applicable to this Agreement. 17. Except as otherwise speci?cally provided in this Agreement, the Parties agree that the Employee remains subject to the terms, conditions, responsibilities and duties as set out in his current employment contract with the District. Resignation and Release Agreement Yanfis ISD /Jerry Bram Page 5 The EFFECTIVE DATE ef this Agreement is deemed by the parties to be the most recent execution date set out below. The Parties have made ecuted this Agreement on the dates Stated below. Date: . or: YANTIS INDEPENDENT SCHOOL DISTRICT Date: lg/l??b? 'By: Resignation and Release Agreement Yan?s Jerry Bram Page 6