RESIGNATION AGREEMENT AND WAIVER/RELEASE OF CLAIMS BETWEEN THE GREEN BAY AREA PUBLIC SCHOOL DISTRICT AND CLAUDE TILLER, JR., SUPERINTENDENT OF SCHOOLS ‘This Resignation Agreement and Waiver/Release of Claims (“Agreement”) is entered into by and between the Green Bay Area Public School District (“District”) and Dr. Claude Tiller, Jr. (“Administrator”). WHEREAS, Administrator is employed by the District in the administrative position of Superintendent until his resignation effective February 17, 2024 and accepted by the District's Board of Education on February 17, 2024; WHEREAS, the parties wish to reduce to writing their mutual agreements regarding Administrator's resignation and full and final mutual resolution of Administrator's contract of ‘employment with the District; NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein, the District and Administrator, as parties to this Agreement, do hereby covenant and agree as follows: 1. Effective Date: Administrator’s voluntary resignation from the District is effective February 17, 2024 (“Effective Date”), Administrator’s employment contract shall terminate as of that date and neither party shall have any further obligations to the other except that Administrator shall continue to receive the payments and benefits set forth in his employment agreement until the date when the payment set forth in Paragraph 3 below is made to Administrator and as expressly described herein or as otherwise required by law. Administrator acknowledges that he waives any rights that may otherwise be afforded to him under Wis. Stat. § 118.24, as well as any rights provide by district policy, handbook, grievance procedure, or any other process or procedure provided for by the District. 2. Removal of District Representation. Within 10 business days of the Effective Date, Administrator shall immediately remove all references to his current role with the Green Bay Area Public Schools, including on his personal social media accounts, including Twitter/X and any other such sites. He shall likewise not identify himself as a representative of the District in any other forum as of the Effective Date. This includes removal of the District's logo or other depiction of the District. This does not preclude him from identifying his former role as the District's Superintendent on any site and in any material. 3. Separation Benefits: The District shall pay a total lump sum of $250,833.80 (the “Separation Amount”) which amount shall be paid in a lump sum amount no later than. the next regular payroll applicable to the pay period that begins following expiration of the revocation period in Section 6(C), below. District represents that the Separation Amount represents ten (10) months of Administrator’s gross monthly salary and medical, vison and dental benefits of Administrator’s remaining fifteen (15) months on his current contract. Further, the District represents that the Separation Amount includes theResignation Agreement Green Bay Area Public School District Administrator, Dr. Claude Tiller, Jr. 4, 5. District's portion of the annual WRS payment referenced in the Administrator's employment contract and all accrued and unused sick leave and vacation pay. Additionally, the District will contribute the outstanding, unpaid amount of the annuity benefit provided for in the Administrator's employment contract. The District shall also pay Administrator's counsel, the total sum of $5,000 for legal services rendered on his behalf. COBRA Notification. Administrator shall receive notification of his right to receipt of benefits under COBRA for health insurance continuation consistent with applicable law. Coverage, if elected, shall be at Administrator’s sole expense. ‘Unemployment Benefits: The District will report wages for the time period represented in Section 3, thereafter, the District agrees that it will not oppose Administrator's application for unemployment benefits, Waiver of Claims: In exchange for the benefits described herein, Administrator agrees to the following covenants: A. No Complaints Filed: Administrator represents that he has not filed any complaints, charges, lawsuits or any other claims of whatever character against the District, its Board, Board members, officials, officers, employees, agents, attomeys, and insurers, past or present, individually and in their official capacities, and their successors and assigns of each of them, and any other person, firm or corporation charged or chargeable with responsibility or liability, their successors and assigns with any governmental agency or court of law based on his employment with the District and/or the conclusion of such employment, If any such complaints have been filed, Administrator shall immediately withdraw such complaint, with prejudice. B. Waiver of Claims: In consideration of the promises set forth herein, Administrator, for himself and his successors, assigns, heirs, administrators, executors, and personal representatives, hereby agrees to waive, release, forever discharge, indemnify and hold harmless, the District, its Board, Board members, officials, officers, employees, agents, attorneys, and insurers, past or present, individually and in their official capacities, and the successors and assigns of each of them, and any other person, firm or corporation charged or chargeable with responsibility or liability, their successors and assigns, from any and all legal and equitable rights and claims, demands, damages, costs, attorneys’ fees, expenses, liability, or cause of action of any kind or nature whatsoever on account of any acts (including, but not limited to, negligent and non-negligent acts), failure to act or other event arising out of or relating to Administrator’s employment by the District and/or her separation from the District, whether known or unknown, including, but not limited to, claims for breach of contract; claims for emotional distress or other tort claims; claims of wrongful discharge or constructive discharge; and claims based on contract, Wis. Stat. § 118.24, the Wisconsin Fair Employment Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1983, the Rehabilitation Act of 1973, the Americans with Disabilities Act, the Civil Rights Act of 1991, Title IX of the Education Page 2 of 6Resignation Agreement Green Bay Area Public School District Administrator, Dr. Claude Tiller, Jr. Fi Amendments of 1972, the Age Discrimination in Employment Act and the Older Worker Benefit Protection Act, and any and all other federal, state, or local laws or ordinances dealing with discrimination, including retaliation that the Administrator ay have, but excluding claims arising after the date this Agreement is executed, including, but not limited to, any breach of the Agreement. To the extent consistent with applicable law, Administrator agrees that if any claims are asserted on his behalf, including those filed by a third party such as the EEOC or the DOL, he waives his right to damages of any kind or other relief in connection with such action. C. Consultation and Revocation. The Parties agree that Administrator has received the advice of counsel of his choosing and that has twenty-one (21) days to consider the terms of this Agreement, which timeframe has been waived, in part, by signature below affixed by Administrator voluntarily and of Administrator's own volition. From the date of Administrator's signature, he will then have a period of seven (7) days within which to revoke the agreement by written notice to the representative identified below. If Administrator provides notice of revocation prior to the 8" day after he signs the Agreement, the Agreement shall have no effect, whereas, if Administrator does not revoke the Agreement, it shall be final and binding on both Parties. Notices under this Section shall be provided in writing, either by electronic mail, hand delivery, or regular mail, to the following: Attomey Geoffrey Lacy Renning, Lewis & Lacy, S.C. 205 Doty Street, Suite 201 Green Bay, WI 54301 Email: glacy@law-1ll.com District's Waiver. The District agrees to release and fully discharge Administrator with respect to any and all rights, claims and causes of action which the District had, now has, or may have as of the date of the Agreement against Administrator and/or his estate or heirs References. The District agrees that all inquiries concerning Administrator from prospective employers shall be directed to the Executive Director for Human Resources who shall only confirm dates of employment and title held during Administrator's employment with the District and shall not provide any further information. Mutual Confidentiality and Nondisclosure. The Parties agree that this Agreement and all its terms and provisions are confidential to the extent allowed by law and shall not be divulged or disclosed in any way to any person, provided, however, that Administrator may isclose the Agreement and terms and details thereof to his spouse, legal counselor tax advisor. Further, Administrator may disclose this Agreement in response to a court order. The Parties understand and agree that the District may be required to disclose this Page 3 of 6Resignation Agreement Green Bay Area Public School District Administrator, Dr. Claude Tiller, Jr. 10, i. 13. 14. 15. 12. Agreement in response to a request for records pursuant to, Wisconsin’s Public Records Law, which obligations it shall determine at its discretion. If the District discloses the Agreement to a third party on account of its obligation under Wisconsin’s Public Records Law, Administrator shall be released from his confidentiality obligation pursuant to this section of the Agreement. Full and Final. This Agreement constitutes the full and final resolution of all employment contract, District policy, or any other representations made to Administrator no matter its form or substance. This Agreement constitutes the sole agreement between the parties and may only be modified by written instrument signed by Administrator and approved by the District Board of Education. Mutual Non-Disparagement and Liquidated Damages. Administrator agrees that neither he, nor any person on his behalf and at his direction, shall make disparaging statements regarding the District, the School Board, or any member of the District staff at any time or in any forum, whether public, private, or believed to be private. Private conversations between Administrator and his spouse or legal counsel shall not be covered by this section, The District agrees that neither its Board members, senior leadership, nor any person given authority to act on their behalf or at any of their direction, shall make any statements or otherwise take any action that may reasonably be expected to impair the goodwill, reputation or good name of Administrator. If a court with jurisdiction over a dispute arising with respect to an alleged violation of this Agreement determines that a Party hereto violated this section of the Agreement, then the breaching Party shall be liable to the other Party in the amount of $50,000, which amount is established therefore as a liquidated damage in the event of such a breach, but is not a penalty. It is likewise agreed that the liquidated damage provision herein does not prevent the non-breaching Party from seeking other relief, including injunctive relief, or to pursue additional damages, . Indemnification. The District shall defend, hold harmless and indemnify Administrator from any and all claims, demands, actions, suits and legal proceedings brought against Administrator arising out of Administrator’s performance of his duties as Administrator. Severability. The provisions of this Agreement are severable, Thus, if any clause of this Agreement should ever be determined to be unenforceable, the parties understand and agree that this will not affect the enforceability of any other clause or the remainder of this Agreement. Prevailing Party. In the event of any legal action or other proceeding is brought for breach of this Agreement, the prevailing party in such an action or proceeding shall be entitled to recover his/it’s reasonable attorney’s fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which the prevailing party may be entitled, Joint Statement. The parties agree to issue a joint statement, identified in Exhibit A herein and shall make no statement inconsistent with Exhibit A or with Paragraphs 6 and 7 above, Page 4 of 6Resignation Agreement Green Bay Area Public School District Administrator, Dr. Claude Tiller, Jr. 16. Governing Law. This Agreement and the performance thereof shall be governed by and enforced under the laws of Wisconsin, and if legal action by either party is necessary for and with respect to the enforcement of any or all of the terms and conditions hereof, then jurisdiction shall lie in an appropriate court in the state of Wisconsin, 17, Counterparts, This Agreement may be executed in one or more counterparts, all of which shall be construed one and the same agreement. Signatures to this Agreement transmitted by electronic mail will have the same effect as physical delivery of the paper document bearing the original signature. ‘The Terms and Conditions of the Agreement are Effective upon signature below. Claude Tiller, Jr. Date GREEN BAY AREA PUBLIC SCHOOL DISTRICT oh awe. Aielog Wi /ay (Lastd McCoy, Board President Date LMG nex drew Becker, Bolitd Clerk Date LJ Page 5 of 6he, nor any person on his behalf and at his direction, shall make disparaging statements regarding the District, the School Board, or any member of the District staf at anytime or in any forum, whether public, private, or believed tobe private. Private conversations between Administrator and his spouse or legal counsel shall not be covered by thi section, The District agrees that neither its Board members, senior leadership, nor any ‘person given authority to act on their behalf or at any oftheir direction, shall make any Statements or otherwise take any action that may reasonably be expected to impair the ‘goodwill, reputation or good name of Administrator. Ifa cout with jurisdiction over a dispute arising with respect to an alleged violation ofthis Agreement determines that a Party hereto violated this section of the Agreement, then the breaching Party shall be liable tothe other Party inthe amount of $50,000, which amount is established therefore as liquidated damage in the event of such a breach, but is not a penalty. Its likewise agreed thatthe liquidated damage provision herein does not prevent the non-breaching Pany from seeking other relief including injunctive relief, or to pursue additional damages 12. Indemnification. The District shall defend, hold harmless and indemnify Administrator from any and all claims, demands, actions, suits and legal proceedings brought against Administrator arising out of Administrator's performance of his duties as Adminstrator. 13, Severability. The provisions of this Agreement are severable, Thus, if any clause of this ‘Agreement should ever be determined to be unenforceable, the partis understand and agree that this will not affect the enforceability of any other clause or the remainder of this Agreement. 14, Prevailing Party. Inthe event of any legal action or other proceeding is brought for breach ‘of this Agrecmen, the prevailing party in such an action or proceeding shall be entitled to recover hisit’s reasonable attorney’ fees and other costs incurred in bringing such action ‘or proceeding, in addition to any other relief to which the prevailing party may be entitled, 15, Joint Statement. The parties agres to issue a joint statement, identified in Exhibit A herein and shall make no statement inconsistent with Exhibit A or with Paragraphs 6 and 7 above. 16. Governing Law. This Agreement and the performance thereof shall be governed by and enforced under the laws of Wisconsin, and if legal action by either party is necessary for tnd with respect tothe enforcement of any or all ofthe terms and conditions hereof, then jurisdiction shall lie in an appropriate court inthe state of Wisconsin. 17. Counterparts. ‘This Agreement may be executed in one or more counterparts, all of Which shall be construed one and the same agreement. Signatures to this Agreement transmitted by electronic mail will have the same effect as physical delivery of the paper document beating te original signature, ‘The Tepepnd Conditions of the Agrecment are Effective upon signature below. Lf if 2-84Resignation Agreement Green Bay Area Public School District Administrator, Dr. Claude Tiller, Jr. Exhibit A ‘The following is a statement from Green Bay Area Public School District (GBAPS) Board of Education and Superintendent Dr. Claude Tiller, Jr. The Green Bay Area Public Schools Board of Education has accepted Superintendent Dr. Claude Tiller, Jr.’s resignation. The Board and Dr. Tiller, Jr. have mutually agreed to the terms of Dr. Tiller, Jr.’s resignation from the District. Both Dr. Tiller, Jr. and the District, have agreed that this is the best course of action for both parties. The Board and District wish to express their gratitude to Dr. Tiller for his many contributions to the Green Bay Area Public School District and wish him well in his future endeavors. The Board and Dr. Tiller, Jr. appreciate the interest and the patience of the public over the past days and look forward to focusing back on the work of educating children. # Ht Page 6 of 6