ACTION MONTGOMERY COUNTY BOARD OF EDUCATION Rockville, Maryland February 3, 2015 MEMORANDUM To: Members of the Board of Education From: Patricia B, ONeill, President YrrrmnlS 712.90 5 Subject: Amendment of Superintendent’s Contract; Interim Superintendent WHEREAS, The Board of Education and Superintendent of Schools Joshua P. Starr have mutually agreed to end his appointment as superintendent prior to the completion of the full term of his appointment; and WHEREAS, 1 1e Board wishes to provide transition assistance to Dr. Starr; and WHEREAS, The resignation of Dr. Start will create a vacancy in the position of superintendent of schools, and the Board must appoint an interim superintendent; now therefore be it Resolved, That the Board approve the attached Amendment to Employment Contract; and be it further Resolved, That the Board transmit a letter to the State Superintendent of Schools requesting approval of the appointment of Mr. Larry A. Bowers to serve as interim superintendent of schools from February 16 through June 30, 2015 PBO:kmy AttachmentAMENDMENT TO EMPLOYMENT CONTRACT. This Amendment to Employment Contract (“Amendment”) amends the Employment Contract executed by the President of the Board of Education of Montgomery County, Maryland (“Board”) and the Superintendent effective July 1, 2011 1) The Board and the Superintendent mutually agree that the Superintendent is not a candidate for reappointment, and that the Superintendent shall submit his resignation effective February 16, 2015 (“Resignation Date”). As of the Resignation Date the Employment Contract shall terminate. 2) In order to assist the Superintendent’s transition, the Superintendent shall receive a) the compensation and benefits provided in the Employment Contract through June 30, 2015, as if still employed through that date; b) gross payment of $46,583.96 representing accrued but unused vacation, sick and personal leave in accordance with the terms of the Employment Agreement, calculated as if the Superintendent were employed through June 30, 2015; ) the Deferred Compensation Benefit in accordance with the terms of the Employment Agreement; and, 4) payment of his attorney’s fees incurred in connection with this Amendment in an amount not to exceed Two Thousand Dollars ($2,000). 3) The payments under 2(a) above will be made in the ordinary course in accordance with the Board’s normal payroll practices. 4) The payments under 2(b) through 2(c) above will be made on or about June 30, 2015. The payment under 2(d) shall be made on or about the Resignation Date. 5) The Superintendent shall be permitted to remain on the health plan (as it may be amended) in which he currently participates up to December 31, 2015. The Board shall pay the full cost of this coverage. The Superintendent agrees that if he obtains employment through which he is eligible to participate in a health plan prior to December 31, 2015, he shall promptly notify the Board and his participation in the Board’s health plan shall cease. 6) The Superintendent shall be permitted to retain the lap top, iPad and iPhone provided by the Board under the Employment Contract through February 16, at which time he shall return the equipment unless arrangements have been made for the Superintendent to purchase them according to MCPS policy/practice. 7) The Superintendent shall be permitted continued use of the vehicle provided by the Board until March 31, 2015, provided that the Superintendent can provide adequate insurance coverage for the vehicle. The Superintendent shall be responsible for the cost of operation of the vehicle, including fuel, after February 16, 2015.8) During the period between the execution of this Amendment and the Resignation Date, the Superintendent shall not undertake travel at the Board’s expense or represent the Board at meetings, conferences, conventions, seminars. 9) Onor before the Resignation Date, the Superintendent shall return all documents and materials (in whatever form or storage format, including but not limited to electronic formats) of the Board, including but not limited to communications (electronic mail and the like), reports, data, etc., and shall not retain copies in any form. This requirement shall not apply to documents which have been publicly released by the Board or documents which constitute Public documents under Maryland law. 10) Board members and the Superintendent shall refrain from making disparaging remarks regarding the other. This provision shall not be construed to prohibit the Board or the Superintendent from discussing the school systems objectives, policies, practices, programs, operations and the like. 11) Except for the obligations of the Board set forth in this Amendment, the Superintendent agrees that, in consideration of the promises set forth in this Amendment, he will, and hereby does, forever and irrevocably release and discharge the Board, its officers, employees, agents, and representatives (“Releases”), of any and all grievances, claims, demands, debts, defenses, actions or causes of action, obligations, damages, and liabilities whatsoever which he now has, has had, or may have, whether the same be at law, in equity, or mixed, in contract or in tort, in any way arising from or relating to any act, occurrence, or transaction before the date of this Agreement, THIS IS A GENERAL RELEASE. The Superintendent expressly acknowledges that this General Release includes, but is not limited to, the Superintendent's intent to release the Board from any claim of age, race, color, sex, religion, national origin or any other claim of employment discrimination under the Age Discrimination in Employment Act (29 U.S.C. §621 et seq,), Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e et seq.), the Employee Retirement Income Security Act (29 U.S.C. §1001 et seq.), the Americans with Disabilities Act (42 U.S.C. §12101, et seq.); the Family and Medical Leave Act (29 U.S.C. §2601 et seq.); Title 20 of the State Government Article of the Maryland Annotated Code, and any other law prohibiting employment discrimination. 12) Except for the obligations of the Superintendent set forth in this Agreement, the Board hereby does forever and irrevocably release and discharge the Superintendent of and from any and all claims, demands, debts, defenses, actions, causes of action, disputes, obligations, damages and liabilities whatsoever which the Board now has, had or may have, whether known or unknown, whether accrued or unaccrued, whether at law, in equity, or mixed, and whether in contract, tort or otherwise, which in any way concern, arise from or relate to the Superintendent’s employment with or at the Board, or any act, occurrence, or transaction that precedes the date of this Agreement. THIS IS A GENERAL RELEASE. 13) The Superintendent understands and agrees that, while this Agreement does not affect his right to file a charge or participate in an investigation or proceeding conducted by the Equal Employment Opportunity Commission or any similar state or local commission or agency, it does bar any claim he might have to receive monetary damages, back or front pay, attorneys’ fees or costs, other award of any kind, or reinstatement in connection with any such proceeding concerning matters covered by this Agreement. This release does not release any claims which may arise after the date of this Agreement. 214) This Amendment is made pursuant to, and shall be governed, construed and enforced in all respects in accordance with the laws of the State of Maryland. The Board and the Superintendent agree to venue and jurisdiction of the courts of Montgomery County, Maryland or the federal courts in Maryland for any disputes regarding this Amendment, the Employment Contract and/or the Superintendent's employment with the Board. IN WITNESS WHEREOF, we have executed this Amendment on the dates indicated. BOARD OF EDUCATION OF MONTGOMERY. COUNTY, MARYLAND By:__ Date Patricia O’Neill, President SUPERINTENDENT Date Dr. Joshua P. Starr