RESIC"rN.

~,'T~ON AGREEMENT AND RELEt~SE

k3Y.~1ND ~3ETWL;~T `CIS
WA~''~..A.N~~COHOCTON CENTRAL SCHOOL U1S'I'RICT
AND
MICI~~S., WE'T`HERBEE

Thais Agreement(4iA~reement")is made this 26th dad of September,

2018, by ar~d betwee~a
.~[.i~~ae~ Wet~erbee ("i1/Ir. Wetherbee") and the Board of Educa
tion ~"the Beard") ~f tie
Way~az~d-Gohocton Central School District {"the District"}. Mr. Wethc
rbee, the Board acid the
I'listzpct shall ~aez~~inafter collectively be referred to as the "Parti
es."
uJ~-~E~t~S; ~Ir, VVetherbee was appointed as the District's Super
intendent oz~ ]anuary 3,
2{?4~, and served ire that capacity untik August I7, 2418 when
he took a voluntary heave of
absence;

~HER~AS, the terms and conditions of Mr. "~1Vetherbee's emplo

yment with the District
Sze yet fortkZ iz~ the contract, attached as Exhibit A ("the Emplo
yment Contract");
WHEREAS,the Employment Contract requires Mx. Wethe
rbee to give the District ninety
(9Q)days ~aotice of~i~ intention to resign, but permits the Distri
ct to waive that rec~uizement, upon.
mutual consent;

WHEREAS, based on circumstances that have axisen, the

District and Mr. Wetherbee
x~utually agree that they no Iongex wish to continue with the Emplo
yment Contract, and wish to
waive the 90-dau notice requirement set forth in the Employment
Contract;
NUW, THEREFORE, iz~ consideration of the mutual coven
ants and other consideration
z~ecited ire this Agreement,the ~'arties hereby covenant and agree
as follows:
1. Mr. Wethe~bee agrees to resign from his position as the Distri
ct's Superintendent_
e~'fective November 2G, 2018 ("the Resignation Date") and
, immediately sign the Resignation
ett~r attached as Exhibit 8. 1VIr. Wetherbee understands
and agrees that execution of this
Agreement and tl~e attached letter is irrevocable and may not
be withdrawzz. The Parties furthex
agree and understand the Employment Contract will be termi
nated by mutual consent on the
R.esx~nat~on Dade,and the notice provision contained in same
is hereby waived.
2. In consideration of his resignation, the #ennzzzation ofthe Emplo
yment Contract, the
release of ail claims and all other consideration discussed
herein, Mr. Wethe~bee wild continue to
receive his salary, healtIz insurance, dental insurance and
vision insurance pursuant to the teams of
the Empioyme~t Contract between the effective date of this
agreement (i.s., September 26,201$)
and the Resignation Date; and wi11 be gild for 34 unused
vacation days, pursuant to the terms of
szisay~.s sizolzora
the Eta~ployme~t Ct~~~tract. I'he District's last payrn~nt to Mr. Wetherbee will be on November
30, 2018, and will i~clur~e his salary thrc►ugh November 26, 2018 {the Parties a~re~ that tie
Swaim m~t~lod dogs r at apply) ai d h~ wi~~ be paid ~y separate +check for his 34 unused va~atic~~
days at the rate o~ 1~240`~ of his annual salary fc~r tl~e 2018-2~19 school year.

3, ~~ e~ck~ange for the consideration set #orth an Pax~~raph 2 .and other value
consideration discussed k~e~r~in, the receipt of which is hereby acknowledged, 1V~.r. Weth~xbee
agrees to the ~~llowing:

a) He will immediately return any property owned by the District that may still be in
kris possession;

b) He wzll xefrain from entering a~ay of the District's campuses othex than: (1) to dr~~
o~iE' his. daughter, Sydney Wetherbee, on whici~ occasions he will remain in his
vehicle; anti (Z) to attend Sydney's graduation froze the District, which is estimate
to take place in 2021. To confirrr~ the arrangements to attend graduation, Mx.
Wetk~erbee must notify the then-current President of the Board of Education tt~irt}y
(~0} days in advance of the graduation.

cj He will refrain from contacting any District employees, including, but not limited
to, administrators, cQack~es, ar~d teachers, to ask questions or express conc~rzas
relating to Sydney, and will rely on his ex-wife and S~~dney's xx~othex, Lzsa
Wetherbee, to contact the District in those scenarios:

d) He yvill not use or attempt to use the District as an employment reference for aria
employment opportunities he may apply for in the future;

ej He will immediately discontinue participating and withdraw on behalf of the

District from any leadership positions within any organizations i~z which he was
enxolied at the District's expense, including, but not limited to, the Genesee Valley
BOCES; the National Council of Education and Training; Institute for Education
Innovation; and the Livingston County Business Education Alliance. He wi11 refrain
fi.~om representing the District on behalf of the NYS Council of Sehoo~
Superintendents while oz~ leave from the Distxict.

~ He will refrain froze making any disparaging, unflattering, andlor unkind comments
about anyone employed by or associated with the District, including, but not limited
to, teachers, adzx~inistrators, teaching assistants, teacher's aides, custodians, businass

department staff, administrative staff, and members of the District's Board of

Education.
2
 4. After the A~reemerat is si~~led, the Parties agree tkaat tie District will issue tn~
fo~aawi;~g public statemernt: "~'he Wayland-Cohocton ~;entral School ~astr~ct ~z~d 1Vliclaa~~
'UV'eth~xb~e ~.ave reached a mutual a~ree~aaent t~aat Mx. Wetherbee will resin from his ~os~tian ~as
tt~e Distzict's Su~~~intet~cient effective November 26, 218. 4z~ .August 2U, 201 , the D~strzct's
Board of Education appointed Eileen Feinman to sezve a.~ t}ze District's Interim Superint~ndeni;
~~.c~ Ms. I~'einman will co~xinue iz~ t1~at position. The District is nok at lib~riy to discuss the
~ir~uznstances that led to M~, ~Vetherbee's resignation, but can say tk~e resi ation caznes as a
result of t1~e Board of education fulfilling its obligations to the District, its students, its staff, a~a~
its taxpayers." The District sha11 refrain from making any disparaginb, unflattering, andlor
unkind comments about Mr. ~Jetherbee and no statements other than the agreed upon statement,
or otherwise as requixed by law, s~aall be made by tl~e Board, by any District employee ar~d/oar on
behalfo Fthe District ox by a District representative regarding Mr. Wetherbee.

~. The District agrees that it t~vill not retaliate against Sydney or her mother, Lasa
Wetherbee, or Mr. Wetk~exbee's wife, Holly Wetherbee, #~or any corz~plaini made on Sydney's
behalfor ;For any other reason.

6. The Parties agree not to voluntarily disclose or publish the terms of this Agreement
and to keep it confdez~tiai to the extent pez~mitted by law. The Parties furthex agree that either
party nnay disclose the terms of this Agreement, without violating the terms of this paragraph or
any other part of this Agreement: a) in response to a valid subpoena; b)in response to a request
fox disclosure r~aade pursuant to the New York State Freedom ofInformatio~a Law ("k'OIL"}; c)in
response to a request by a person or entity that has a legitimate business reason to know the terrns
Qf this .Agreement (including but not limited to the New York State Education Departnnent, Ne~~
York Department ofLabor, TRS,IRS, New York State Department of Taxation and Finance, or
tk~e District's payroll service ar business department); d) in xesponse to any claim far breach of
tk~is .Agreement; and e)zn response to any claim by a party to this Agreement that is inconsistent
with t~ze terms ofthis Agreement. Mr. Wetherbee may discuss the terms of this Agreement with
a #~uture employer based upon the statement set forth in Paragraph 4 herein.

7. Other than the consideration discussedzn Paragraph 2 above, Mx. Wetk~erbee

waives any and all other rights to compensation that may exist in the Employment Captract,

.3. ~~z considerati~an of the terms of this Agreement, except to enforce this Agreement;
Mr. Wetlaerbee waives and hereby releases and discharges the District, its officers, admin:is#rators,
~oazd nnemibers, agents, ins~ers and assigns from all clainns and liabil'zty arising out of his
exxzp~oyment with the District ox relating to finis Agreement, the circu~zstances leading to this
Agreement and/or the terms of this Agreement including, but not limited to. a) all claims
and.
liability for any acts that violated or may have violated his rights under the Employment Contract
co~txact, tort, or other coznm~n law, any federal, state, ar local fair employment practices or
civil
3
 ~~1ats ~~tw or regulation, any er~np~oy~e relations statute, eYeGutive order, law, regulation or
c~rdinar~ce, any uziemployment or workers compensation law (including any axiegati~ns oz a
violation of Worker's Compensatiax~ Law ~ 12U), ox a~~ other duty or obligation of ar~y land, a~~d
all other federal, state az~d local haws of whatsoever kind, ineludiz~g, but not limited t+~, claims
ur~dc~r the ~'aznaly and Medical Leave ..Act, 29 U.S.C. ~ 2601, et seq., Faix Lahor ~taz~dards ,AGt, 29
U,S.C, §§ 201 et seq,, the New Yoxk State Labor Law, `X'itle VII of tlae Civil Rights Act of 1964
as amended, 42 LT,S,~. §§ 2~O~e et seq., the .Age L7iscrimination in Emplayrnent .Act, 29 U.S.C.
~'~ 621 et seq., tlae 1lmericans Wig Disabilities .Act, 42 U.S.C. §~ 12~~1 et seq., t11e
Rehabilitation Act of 1973, 29 U.S.C. §~ ?Ol et seq., Title 42 of the United States Coda §§ 198z,
1982, 1983, 19$S, the ~Iew York Heaman Rights Law, N.Y. Exec. Lativ §§ 290 et seq., tie New
~'"c~rk Stag Education Law, the New York State Civil Sezvice Law, tlae Employee Retirement
Z~come Security Act, 29 U.S.C. ~§ 100I et seq., and a~1 other appla'eahle, federal, state ox local
statutes, laws, rotes, regulations, decisions and orders; h} all liability for any clainns whatsoever,
whether asserted or unasserted, known or unknown,suspected ox unsuspected, ~l~~c~Z were ~r may
have been a~legeci against or imputed to the District by Mr. Wetherbee or anyone acting his behalf
u~ to the date of this Agreement; +~} all asserted or unasserted rights to or claims for wages,
coxnmissians, monetary ox equitable relief, or compensatory, punitive, or liquidated damages; and
d)all asserted o~ unasserted rights to or claims for attarneys' fees, costs or disbursements. This
release applies to all employees, agents, officers, administrators, and Board zne:mbers o:f the
District in both their official and individual capacities.

9. Tie T3istrict, fox and in consideration of the agreements made by Mr. Wet~erbee, as
5ei forth herein, az~d othex good and valuable consideration, hereby releases and foxever
discharges, and by this instrument does release and forever discharges Mr. Wetherbee of and from
alb actions, causes o~ action, suits, charges, complaints, proceedings, grievances, Qblzgations,
costs, losses, damages, injuries, attorneys' fees, debts, dues, sums of money, accounts, covenants,
contracts, controvez-sies, a~-eements arzd promises of and foarxr~ whatsoever (eollectzvel}r referred
to as "claims"} including, but not limited to, any claims in law, equity, contract, tort or those
claims which were or cold have been alleged against I~r. Wetherbee up until the date of
execution ofthis Agreement, or any claims arising under any and all federal, state, county ox local
statutes, laws, rules at~d regu~atior~s pertaining to empiayment, as well as any and all claims under
state or federal contract or tort lave against Mr. Wetherbee, including known yr unknown claims.

10. Nothing iz~ this ~1,~reement shall be construed as czeating a precedent or waiver foz~
any other siivaiion,

1 1. The Parties do not admit, and specifically deny, any liability, wrongdoing or
uzolatior~ of any law, statute, regulation, agreement or policy, and are entering into this A,g~reeme~t
solely fox the purposes of(aj amicably resolving any and all matters in controversy, disputes,
catases of action, claims, contentio~zs ar~d differences of any kind whatsoever between the

a
 ~eleasees and Mr. Wethcrb~e, and (b} avoidxn~ the attorneys' fees end ofiher expense
s that will
result from ~iti~aii~ ,

I2. 'Phis Agreement sha1~ beeoxx~~ ~na~ and binding when it is approved b,y resoluti
on of
the ~~istxict's Board of Education.

~~. 'I'k~~s tl,greexne~t contains the entixe agre~a~:e~t of the Parties and no re~resez
~tations;
~rzauceznents, promises ox agr~exnen~s, oral or otherwise, not appea~rin~ herein
shall be of any
Farce c~~ effect.

~. The Agrcez~.~z~t shall not be amended, except by express agreement of

each Party,
a~zttd az~~ such amendment skull be i~z writing. This Agreerrxent ma r be signed
in one oz amore
count~zparts, each of which shall be deemed an original, but atl of which shah constitu
te oz~e az~d
the same instrument.

15, 'This Agreement is a product of negotiatzon and contribution by both

Parties.
"Therefore, the ~'arties acknowledge and agxee ttaat this Agreement sk~ould not deemed
be pxepared
or drafted by ona party or the other and shall be construed accordingly. Any zules
ofconstruction
of contracts resolving ambiguities against the dxafting party shall be inapplic
able to this
~g~reement.

16, Mr. Wetherbee acknowledges and agrees he has had an opportunity to

consult with
axx attaarrtey of his own choosing concerning all terms in this Agreement.

17. Mr. Wetherbee acknowledges and agrees he has had a reasonable period
of Limy to
consider all the terms of thzs Agreement, and consult with his attorney
. Mr. Wetherbee
~~knowledges and agrees he has carefully zead each and every provision of
this Agreement, fully
unc~erst~ds all oftl~e terms and conditions of this Agreement, and is voltunYarily
entering into this
E1.greement.

i8. This Agreement shall be interpreted and construed in accordance with the
laws of
the State ofdew York. Fn the event that any individual provision is invalidated
by law orjudicial
interpretation, the xeznainder of this Agreement shall remain in effect
to the maximum extent
perrxaitted by law.
MICIIAFL WETkiERB~; ,,
~_~ ~
MZ~H.~,E . WETII~RB

WAYLA.ND-COHfJCTON CENTRAL SCHOOL DISTRIC~"

;~

✓ ARK PERTAINS,BOARD OF EDUCATION PRESIDENT

~~ .~:amber ___= 20i ti

Maz•~. Perkins. Board ~f~ciuca~~c}

Wayia~ad-Gohc~cton C~z~irai ~~hor~i ~.~i~~~w:
~0 ??:~at~ C~3
~;~?a_yland. ~T~w Ynrk 1457?

~t~t I~esi~na#i+~::

dear Board ofEducatic~n~

~:~reby xesi~ From my employment with the Waytand-Cohocoton Central School T~istxzct
~ 't~ctzve i'Jovember:6.2018.

~ineere~a
' i-
y

~✓~ichael Wetherbee

<^'tS341.2 9/20/2018