VOLUNTARY RESIGNATION AND SETTLEMENT AGREEMENT This Voluntary Resignation and Settlement Agroement (hereinafter “Settlement Agreement”) is made and entered into by and between the following parties: Elizabeth Saenz, (hereinafter “Saenz,”) and the West Oso ISD (hereinafter, the “District” or “WOISD”). 1 GENERAL TERM! 1.1 The patties to this Settlement Agreement have entered into this agreement for the purpose of settling the various claims, controversies and disputes arising out of the facts and ciroumstances relating directly or indirectly to all matters related to the employment of Saenz by the District, and this Settlement Agreement is effective when signed by the patties. 1.2 It is expressly understood and agreed that the terms of the Settlement Agreement are contractual and not merely recitals and that the agreements herein contained and the consideration transferred is to compromise disputed claims, avoid litigation and buy peace, and that no payments made or Settlement Agreement or other consideration given shall be construed as admissions of liability or of any ‘wrongful act or omission by any party, all liability being expressly denied by the parties referenced above. 1.3. Both parties wish to dispose of the entire controversy and disputes between them, including all claims and causes of action of any kind that currently exist or that may exist in the future that relate in any way to Saenz’s request for hearing on proposed termination, The parties recognize that there may be claims or injuries arising out of the occurrence complained of that are unknown to the parties at the time of execution of this Settlement Agreement, or that may arise in the future. However, the parties have negotiated this Settlement Agreement in full knowledge of the possibility of additional olaims or injuries, and intend this Settlement Agreement to settle and finally dispose of all such claims or injuri atising out of the occurrence made the basis of this request for hearing on proposed termination, whether known or unknown. Further, the Parties understand that the settlement of these claims shall immediately and forever bar Saenz from any suit sceking recovery from any employee or board member of the District regarding same subject matter, See Civ. Prac, & REM. CODE § 101.106(c). mL. SETTLEMENT TERMS In consideration of the premises and mutual promises contained herein, the parties mutually acknowledge, represent, and agrce to enter into a full and complete Settlement West Oso ISD - 0001Agreement ofall disputed olaims and ‘wontroversiés whioh are the'subjeot of and related 21 ay 22 24 a4 2S 2:6 at to this mation betwveon the Parties, Tt ie agreedias follows: ‘The Distelat-agrees fo pay Saenz $148,000.00 ta’ single tump sum payment, Loss “the legally required withholdings. The Parties-agree eee ae payment syflagt po aboot to TRS dedystions, The resignation will be effective Ootober / 20 Ne Rayment 8 to be imade.of of before Ootober: 7, 2016, ‘This dooitieht ‘ill setve as her resignation arid no offiés docbrriont 18 required, Paynient ‘will be “madoout directly to Bizabeth Snuxtz and mulled so Sdone af he homerresidencs bby Federal Express, ‘thes Boast President agrees to provide-g letter of zeforesoe to Saenz's future ot prospeotive employers. A capy of this reforenco Letter js attached qs Exhibie ‘A. Aside ftotn providing o copy'of Rxhibit:A, members of the Bod of Trustees ‘ato specifically probibited ftom eontactlng Stiz's ‘potential employers to provide: an additional sintsment ot zeforenco, Saat 1a posattied to request additional, tufted tofbeences ftom West Oso ISD: employees, but no such employee is obligated to provide a reference or zeoommendgtlon, 4 "Phe Perley shal suid a joint pross vlease which shall dervo as the solo publio ‘Matemont ftoin the Distdot and Saenz regarding the disputes between the Parites rts exeoufion of this nyteement, ‘The Disttlotagieos hot to pursyo any ficther action regarding the torminetion of Saouz's employment and Saene hseby agrees to withdraw Ker request for hreiuitig. of her proposed termination, ‘The Dibtilet agrees'to aot release, to the fullest extent peifnitted by law, any and al docnveity zolaing to, the considetition of her proposed termination and underlying allegations, . Tee fhsther agteed and-undotstood thet Saonzwill dismiss any ofurent or pending "administrative matters against the. ‘Distloty and ae not. fo file any adininiotratlve matters, inoluding but not limltéd-to Public Information Requests, gqulevances, investigations, Baval Bmnploymenis Opporinitles Claims. or Texas ‘Workforce, Claiins against the Distt, fs euptoyers, agents andlorofficess; ‘As a rontecial condition of the Settlement Ageoment, ‘Seen barby agrees to dismiss with prejudice her pending request for hearing. on. ‘tho ‘proposed. formination of her employmient canttndt and all of my claims and causes of aotion and gives aot to sue the Distriot. in oonnbotion with events arising prior to the ‘Settlement Agreament West Oso ISD - 000234 32 mu. RELEASE Saenz does hereby UNCONDITIONALLY RELEASE AND FOREVER DISCHARGE the West Oso ISD, its past, present and future board members, officers, employees, agents, representatives, heirs, altomeys, and assigns from any and all claims, causes of action, debts, demands, obligations, liabilities and suits whatsoever, whether arising by statute or by common law, including, but not limited to, claims under the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866, the Americans With Disabilities Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the Texas Commission on Human Rights Act, the Texas Labor Code, as well as any claims for wages, employee benefits, vacation pay, severance pay, pension or profit sharing benefits, health or welfare benefits, bonus compensation, commissions, deferred compensation or other remuneration, damages, fees, costs or other relief for any obligations, contracts, claims for defamation, invasion of privacy, assault and battery, intentional or negligent infliction of emotional distress, negligence, gross negligence, estoppel, misrepresentation, express or implied duties of good faith ‘and fair dealing, refusal to perform an illegal act, wrongful discharge, and/or torts for any and all alleged acts, omissions, ot events through the Effective Date of this Agreement. Saenz releases and discharges, in any manner and in any capacity, any claims, owned, held, or possessed by Saenz, arising out of, incident to, or in connection with ‘Saenz’s employment with West Oso ISD or the termination of her employment by West Oso ISD. Further, Saenz does hereby specifically release and forever discharge West Oso ISD, its agents, servants, employees, and representatives, and all other individuals, corporations, organizations and entities that adjusted, ot in any manner worked on, ot did anything concerning this claim from any and all claims, causes of action, debts, demands, obligations, liabilities and “suits whatsoever, whether known or ‘unknown, in any manner and in any capacity claimed, owned, held or possessed arising out of, incident to, or in connection with the adjusting, handling, payment, processing and settlement of this claim which could have been asserted in any cause of action under the common law or statutory law of the United States, of the State of Texas, or any other state, ‘This release and waiver by Saenz. includes a waiver of her rights under the Age Discrimination in Employment Act codified in 29 U.S.C. §626(f). This waiver of rights under 29 U.S.C. §626(f) only applies to those rights or claims arising at or before the date on which this Agreement is executed by Saenz and those rights are Knowingly waived in exchange for the consideration provided in the above paragraphs of this Agreement, Saenz’s execution of this Agreement acknowledges that she has consulted her attomey regarding this ‘Agreement. Saenz voluntarily and knowingly manifests her consent to this ‘Agreement through his signature of the Agreement, Saenz has twenty-one (21) days within which to consider this Agreement and seven (7) days after signing the Agreement to revoke the Agreement, The Agreement shall be irrevocable and. # West Oso ISD - 00034.1 42 43 44 45 4.6 49 4.10 binding upon Saenz, her heirs and assigns, after the expiration of the revocation period. Iv. OTHER PROVISIONS ‘The Parties to this Settlement Agreement shall each pay their own costs and other expenses acorued in this matter. ‘The Parties to this Settlement Agreement mutually acknowledge the terms contained in this Agreement constitute the entire agreement between the Parties ‘and supersede any and all prior understandings, oral understandings, statements, professes, or inducements contrary to or inconsistent with the terms of this Settlement Agreement. This Settlement Agreement is subject to modification, ‘waiver, or addition only by means of a writing signed by all Parties, ‘The parties represent and acknowledge that in executing this Settlement ‘Agreement, they did not rely on any representation, promise or agreement not contained herein. ‘The parties represent that their signature on this Settlement Agreement constitutes their acknowledgment that they have conferred with their respective attorneys prior to consenting to this agreement. This Settlement Agreement is made according to the laws of the State of ‘Texas. ‘The Parties expressly agree that this Settlement Agreement is governed by and will be construed and enforced in accordance with Texas law. In the event that this Settlement Agreement or any provision hereof is construed or determined to be ambiguous by any court of law, arbitrator or other authority, the Patties agree that each party, through their attomney, has contributed to the preparation of this Settlement Agreement, and that the parties have jointly written or composed the clauses herein contained, aind that no party shall be given any advantage over the other parties under the laws of construction of instruments based upon the authorship of this Settlement Agreement. If any provision of this Settlement Agreement is or may be held by a court of competent jurisdiction to be invalid, void, or unenforceable, that provision shall be severed and the remaining provisions shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. ‘The parties also mutually agree that this Settlement Agreement, shall not be admissible into evidence in any cause of action, whether it be in a judicial or administrative proceeding, SAVE AND EXCEPT, any proceeding brought to. enforce, interpret, or protect this Settlement Agreement. ae West Oso ISD - 0004 ~441 Settlement Agreement may be executed in a number of identical counter parts, each of which is to be deemed an original for all purposes, CONSULT WITH YOUR ATTORNEY PRIOR TO SIGNING THIS DOCUMENT. BY SIGNING THIS DOCUMENT, YOU RELEASE AND WAIVE. ALL PAST, PRESENT, AND FUTURE CLAIMS WHETHER KNOWN OR UNKNOWN REGARDING ACTIONS RELATING TO THE ABOVE- REFERENCED MATTER, EXECUTED this ott tay of September, 2016, APPROVED AND AGREED TO: em Lucas Jasso, Board President ‘West Oso Independent School District Superintendent of Schools ‘West Oso Independent School District West Oso ISD - 0005