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VOLUNTARY RESIGNATION AND SETTLEMENT AGREEMENT ‘This Voluntary Resignation and Setlement Agreement ("Agreement") is between Dr. Luis Valentino (“Valentino”) and the Board of Education ("Bostd") of the Albuquerque Public Schools (Distt), The Agreement isthe Final agreement between the Disrct and Valentin, and it conto, the contractual employment relationship between the partes hereto afer the date of the Agreement. RECITALS WHEREAS, the District curemly employs Valentino as its superintendent sccording t0 an Employment Contract ("Contract") dated May 6, 2015; WHEREAS, Valentino curently is contacted o remain in that positon until June 30,2017; WHEREAS, believing it willbe i his best interest and that of the District, Valentino and the ‘Board reached a mutually acceptable agreement for Valentino to resign his position as superintendent; WHEREAS, the partis wish to amicably end the employment relationship and resolve ay pending disagreements and disputes without further legal action andlor disruption tothe Disc; and WHEREAS, itis strictly the voluntary act of Valentino to voluntarily end all duties as superintendent and resign his employment, WITNESSETH: NOW, THEREFORE, the parties agree for good and valuable consideration as follows: 1. Valentino does hereby voluntarily cease al utes as the superintendent effective ypon the Board's authorization ofthis Agreement and resigns as an employee ofthe District effective 11:59 pm. October |, 2015. As of the Board’s adoption of this Agreement, Valentino will no longer cxercise any responsibilities or duties s superintendent. Furthermore, after the Board's adoption ‘of the Agreement, Valentino will no longer hold himself out as a representative of the District, and all superintendent authority will be exercised through an acting superintendent who will be assigned by the Board, Velenino has agreed to and shall be on a board approved leave of absence fiom the Boards adoption ofthis Agreement through his resignation on Octobe 1, 2015, Valentino's resignation leer shall be submited tothe Board a the specially called Board meeting of August 31, 2015. The resignation letter is attached hereto and incorporated herein by reference as Exhibit 1. Voluntary Resignation and Settlement Agreement Page Notwithstanding anything tothe contrary contained ersn, Valentino shall be paid is fll salary and benefits according to the tems stated in his Contract through October 12015, 2. In consideration for Valentine's voluntary resignation and signing ofthis Agreement, the ‘Boat wil provide the following to Valentin: (@ A lump sum, and sum-cerain payment of Eighty Thoustnd and No!100 Dollars (80,000.00) (“Total Seslement Payment), payable within ten (10) days of and conditioned upon receipt of authorization ofthe Agreement by NMPED, pursuant fo NMAC 620:38, including court consent tothe Agreement. The partes understand that Valentino may instruct the Board o py some or all ofthe lamp sum to thitd panties as directed by Valentino; (©) The District will continue to pay the employer portion of Valentino's family health irsrance, dental and vision insurance in order to maintin such benefits through October 31, 2015. Valentino shall be responsible for any employee portions for such benefits, 3. Ata time to be mutally agred upon by and between Valentino and the Distr, but in any event no later than 11:59 pam, September 1, 2015, Valentino shall rum to District al ey, eel hones, computers creditcard, if any, and otber property, if any, of the Distt in Valentino's possesion ast relates to Valentino's employment asthe Superintendent ofthe District, 4. Ata time to be mutually agreed upon by and between Valentino and the Distr, but in any event no ltr than September 8, 2015, Valentino shall remove his personal effets and propery fom the Superintendent office. 5. Valentino is solely responsible forthe payment ofall axes owed on the setoment, if any. Farthemnore, Valentino agres that he will ly indemnify the Albuquerque Public Seton's and the Board for any taxes, or tax related fees, judgments, pnatics, or intrest that may be impose against te Albuquerque Public Schools related in any way 10 flue to pay taxes, or taxrelated fes, judgments, penalties, oF interest on the Total Settlement Payment. As part of his indemaifiation obligations, Valentino agrees to pay any attmey fees expended by the Albuquerque Public Schools to enforce its indemnification rights or to defend against imposition of taxes, or tx-rlaed fees, judgments, pena xy way relate to this payment. Voluntary Resignation and Settlement Agreement Page2 6. Im consideration for the Boats obligations under this Agreement and signature ofthis ‘Agreement, Valentino hereby waives any right to compensation from APS forthe remainder of the 2015-16 and 2016-17 contract years or any contract year theeafer, except with respect tothe payments expressly set forth herein, At the same time, Valentino hereby releases the Board, its members, employees, officials and agents from any and all egal claims related in any way to his employment with Albuquerque Public Schools which be has filed oF could file in any and all forums. This includes buts not limited to all actions, state or federal in nature, including actions sounding in tortor contrect claims based on age! ac, sex, national origi, religion, disability, or sexual orientation; and claims premised con the U.S. Constintion, the New Mexico Constitution, Section 1983, the New Mexico School Code, Aboquerque Public Schools policies, or aplicable collective barging agreemenss. It further includes any claims for costs and atomey fees, which Valentine, or anyore claiming on his behalf, as or may have, that are in any way related to his employment wih the Boas. This release additionally includes, the surender of any future causes or claims of any type that might be raised against the Board or is agents arising out of Valentino's employment, including unemployment compensation, even ifthe bases {for such claims are not now known to Valentino oF might have affeted his willingness to enter this, ‘Agreement. This release shall be effective upon the full and complete performance of Board with the terms and conditions contained in this Agreement and authorization of the Agreement by NMPED, pursuant to NMAC 6.20:3.8, including cour consent tothe Agreement, Valentino expressly covenants. and agrees not to sue or participate, unless required by court order, in any federal or state judicial or state administrative proceeding against the District or its Board, Board members, officers, employees. representative, agents or attorneys, in tei official or individual capacities, relted to or concerning his ‘employment as Superintendent by the District, the Board member's ations regarding his employment as "Pusat to te eguenens ofthe Age Ditiinaton in Empyment Act an Older Workers Benet Potton Act his ovate fr2 dys atrxeon, le, Vasia halve ays fom te hes apenas Tove the agreement epg waver fe elas ontThi Agere becomes neil efecive scrordce ‘rhb terse fit een execution by Valen fol waivers sedeneeaion hat related he ADEA {ed OWBPA. In theevent tht Valen evokes ht apreent Unde te ADEA or OWBPA, the Distt wil at 0 ‘Sblistion to pay the smoot horcn, my ecko eeeranypyrent mde puss this Agreement may {ake whatever oer scons dams appropriate ‘Voluntary Resignation and Settlement Agreement Page 3 Superintendent of the District, or his Voluntary resignation from employment as Superintendent of the District. Thus, by signature ofthis document, Va tino understands that he is waving the right sue the Board or is agents, ask for review, or seek legal redress of any kind fr claims arising out of or related to his employment, This release should be interpreted broadly to accomplish a full and complete employment separation and resolution of any and all claims that have been filed or that right be fled in the future by Valentino, 1 The Board hereby releases any and ll claims it or its members may have agsinst Valentino fiom any and al legal claims related in any way to his employment with Albuquerque Public Schools Which it or they have filed oF could file, in any and al forums, This release additionally include the surrender of any fiture causes or claims of any type that might be raised aginst Valentino arising out of ‘Valentino's employment, even ifthe bases for such claims are not now known the Board or might have affected its willingness to enter this Agreement. The Board expressly covenants and agrees not 19 sue oF participate, unless required by court order, in any federal or state judicial or administrative proceeding 9 1 Valentino his agents oratreys, related to or concerning Valentino's employment with the Distrito his resignation of tht employment. Furthermore, the Board coveninis and agres no to aise, prosecute, o participate in any grievance, complaint, or othe lam against Valentina. The Board will ake such action or actions as may be necessary or required to withdrew or damias with prejudice any such grievance compli, osm rise bythe Board, exhing, however, those claims or any causes of ston where its dtemined by a court of competent jeriition that Valentino commited a criminal 2, a violation of edvatr etic or censure requirements, oficial misconduct, or commited a wilfl or wrongfl acto omission, ofan ast or omision constituting gross negligence or bad fh, Thus, by signature of this document, the Board understands that i waiving the right tose Valentino, sk for review, o eck legal redres of any kind for claims arising out of oF related to Valentin employment with APS. Noting in his Agreement sal a the District fom any egal required reporting of licensure or ethical violations, This release shouldbe interpreted broadly to accomplish fll and complete employment separation and resolution of any and ll clans that have been ied oF that might be ile inthe future by the Board ‘Voluntary Resignation andSetlement Agreement” SSSSS~S*« SS 8. Valentino understands that this Agreement involves the expenditure of public funds, and it may be subject to public information requests. Valentino understands thatthe District wil be the final decision-maker regarding the propriety of the Agreements release under those circumstances, and Valentino waives any cli 15 oF requests for damages of any kind for any District release pursuant o a public ecord request. 9. The parties agree to issue a joint public statement, which is attached hereto and incorporated herein by reference as Exhibit 2, Furthermore, Valentino shall be provided a leter of | reference signed by the Board President and Secretary, which is incorporated herein by reference as Exhibit 3. Nothing in this Agreement should be construed to prevent Valentino from requesting a personal reference, oral or written, from a District employee or Board member, in their personal and individual eapacit, orto prevent such District employee or Board member from voluntarily providing such a personal reference to Valentino but Valentino shall have no claim if'such a request isnot granted, ‘The Albuquerque Public Schools will permanently maintain the reference letter for Valentino in his personnel file. Ifcontacted by anyone seeking references for Valentino, the reference letter stached as [Exhibit 3 will be the official and exclusive reference provided by the Board, The Board and Valentino will make ther best efforts to refer any third party inquires regarding Valentino's employment as an ‘employee of the District and as the Superintendent of the District tothe mutual statements adopted in this Agreement, 10. New Mexico law shall gover the interpretation and enforcement of this Agreement; any claims raised regarding its enforcement or claims related to Valentino's employment withthe District shall be filed only in the 2% Judicial District Court ofthe State of New Mexico or inthe United States District Cour for the Northem District of New Mexico, or respective appellate courts 11, This is @ complete Agreement, and it contains all rights and waivers ereated or made by its execution. Modification ofthis Agreement shall be achieved only through writen agreement signed by all partis. 12 Nothing in this Agreement or in is execution admits wrongdoing of any kind by ether pony. Thisis a voluntary agreement, mutually entered fr the benefit of the District and Valentino ‘Voluntary Resignation and Settlement Agreement Page 5 13, Ifany parof this Agreement is deemed void or unenforceate, the remaining provisions shall remain in fl fore and effect. 14, All partes to this Agreement have had the opportunity to review this Agreement with counsel oftheir choice before signing and agreeing to is terms 1S, Because this matter relates to an Agreement with an administrator regarding contract resolon, all panies to this Agreement understand that their obligations and consideration are conditioned upon regultorily required issuance ofa state district court ade: and seceptance by the New Mexico Public Education Department, pursuant to applicable regulations 16. The Agreement may be executed in a number of identical counerpans, each of which shall be deemed an original for all purposes and all of which shall constiute one document. All the panies hereto further agree that they shal execute any and all documents necessary to affect the intent and puposes ofthe Agreement 17. The Board agres to defend, hold harmless and indemnity Valentino in accordance with the terms of his Contract andthe limitations of coverage proved by APS's general ability coverage thatis provided to all employees acting within the couse and seope of their duties. AGG Toate uns 30,208 DR, LUIS VALENTINO Date ALBUQUERQUE PUBLIC SCHOOLS Voluntary Resignation and Settlement Agreement. Page 6 Di. Dosahd Dusan, Bound President an Authorized Representative ofthe Albuquerque Public Schools Board of Eston Bead Seceury gArlis ft—] sf, Ng ‘Voluntary Resiguath Agreement Page? EXHIBIT E ‘Voluntary Resignation and Settlement Agreement Page 8 ALBUQUERQUE PUBLIC SCHOOLS BOARD OF EDUCATION August 31, 2015 Dr, Donald Duran, President “Albuquerque Public Schools Board of Education Deer Dr. Duran hereby submit my resignation as an employee of the Albuquerque Public Schools, to be effective October 1, 2015 ‘My resignation as the Superintendent and an employee of the Albuquerque Public Schools is tendered, subject t0, and in aecordance with, the terms, conditions and provisions of that certin Voluntary Resignation and Settlement Agrooment between the Albuquerque Public Schools and me effective the 31" day of August, 2015. I understand that i is considered accepted and irevocable upon the Board's ‘execution of the Agreement and authorization of the Agreement by NMPED, pursuant to NMAC 62038, Sincerely, SLB What Dr. La Valentino Superintendent Voluntary Resignation and Setth Page 9 ‘exHIpIT2 Voluntary Resignation and Settlement Agreement Page 10, ALBUQUERQUE PUBLIC SCHOOLS JOINT STATEMENT OF THE BOARD OF EDUCATION AND DR. LUIS VALENTINO. Dr. Luis Valentino and the Board of Education of Albuquerque Public Schools snnounee Dr. ‘Valentino's resignation as Superintendent for the Albuquerque Public Schools. Given the partes differing views of the current incidents and challenges in the District, and believing they have Fundamental differences regurding the future of the Distwiet, an agreement has been reached which allows Dr. Valentino the ability to pursue other career interests and permits the Board to hire another superintendent De. Valentino and the Board have entered into the Agreement believing it is in their respective best interests to move forward in this way. While the Board and Dr. Valentino are disappointed that the employment relationship did not work out, ther agreement seeks a productive treniton forall involved, Dr, Valentino thanks the Board of Education for providing him with the opportunity to serve in the Albuquerque Public Schools, A school district is measured by the commitment ofthe Board, staff and ‘community to its children and their achievement. This District is indeed so committed. Dr. Valentino Would like to express his heartfelt appreciation to the staff and community for their support of the District's programs and services during his term as Superintendent ‘The Board similarly extends its best wishes to Dr. Valentino in his future endeavors and expresses its appreciation to Dr. Valentino for his dedication to APS, his efforts and hard work while seving as superintendent ofthis District. For its part, the Board will begin its search for a new Superintendent in ‘cooperation with its community partners. Voluntary Resignation and Settlement Agreement Page 11 EXHIBIT Voluntary Resignation and Settlement Agreement Page 12 ALBUQUERQUE PUBLIC SCHOOLS September 1, 2018 ‘To Whom It May Concern: Please allow this letter to serve as the APS Board's lete of reference for Dr. Luis Valentino. After a nationwide seach for a superintendent and after considerable community input, our Boad selected Dr. Valentino to be Superintendent for the Albuquerque Public School District. Dr, Valentino exhibited commitment and dedication to the Albuquergue Public School Disinet and enhanced is vison and poals. During his tenure in the school district, Dr. Valentino provided leadership and vision fer the District under increasingly difficult circumstances while maintaining a strong commitmest to quality instructional programs and initiatives. We found Dr. Valentino tobe personable, willing to listen to the ‘opinions of others including the APS community, and responsive in his work with board members. Dr ‘Valentin believes strongly in preserving the respect and dignity of every individual ‘As aresul, the Board is willing to refer Dr. Valentino for any administrativeeductional postion with a aS Sincerely, De Dos Dorm [APS Rane President _ ‘Voluntary Resignation and Settlement Agreement ‘Page 13