DR. EMBER CONLEY Members of the Governing Board Mesa Unified School District No. 4 63 East Main Street Mesa, Arizona 85201 Re: Resignation Dear Members of the Board: Afier a prayer and consideration, I have decided that it would be in the best, interests of my family for me to resign my position as Superintendent of the Mesa Unified School District, effective January 2, 2020. This difficult decision comes at the heels of a series of challenges my family and I have faced during the past few months. In March, I lost my beloved father, who was my lifelong best friend, hero and role model. Losing him was devastating. His death also resulted in the hard task of finding appropriate full time care for my mother, who is struggling with Alzheimers. In June, my family also lost one of our dearest friends to illness. In September, I underwent emergency surgery and was unable to serve our students for almost two weeks. All of these events have channeled me in a direction to embrace every moment with my sweet family and focus on my faith. As the Thanksgiving holiday approaches, I want to take this opportunity to thank each and every member of the Board for giving me the honor of serving the students of our District. Your passion and heart for our District is one of service and dedication. Working with the students and the many talented professionals in the District has been one of the most inspiring experiences of my professional life. The Mesa Public Schools family is truly remarkable, and Mesa Public Schools is an organization that will continue to be a beacon of excellence in public education. Thumbly thank you for the opportunity to serve and will always cherish my time with you championing the education of our 63,000 students. May your time as elected public servants be blessed. Best holiday wishes to you and your families. Sincerely, Ember Conley, Ed.D.RESIGNATION AGREEMENT AND RELEASE This Resignation Agreement (the "Agreement"), dated December 2, 2019 is between Dr. Ember Conley ("Employee"), and the Mesa Unified School District ("District"). RECITALS: A ‘The District has employed Employee as its Superintendent. Employee has tendered her voluntary, irrevocable resignation effective January 2, 2020, which the District will accept. B. The District and Employee desire to amicably and forever resolve any and all issues pertaining to the Employee's employment with and resignation from the District, without any admission of wrongdoing or liability, and without setting any precedent binding on the District in any other situation. AGREEMENTS: In consideration of the mutual covenants and agreements set forth herein, and other good and valuable consideration the sufficiency and receipt of which is hereby acknowledged, Employee and District agree to the following terms and conditions: 1. Resignation: Effective Date. Employee herewith tenders her voluntary, irrevocable resignation effective January 2, 2020. Employee may, if she chooses, confirm her resignation in writing. 2. Consideration, (@) __ Between now and February 28, 2020, Employee will be paid according to the terms of her current employment contract as severance pay. Employee waives any claim to compensation for accrued but unused paid time off that remains as of January 2, 2020, and further waives any claim for performance based pay. Employee commits to ‘making reasonable efforts to obtain comparable employment after January 2, 2020 and agrees that any income earned from comparable employment between now and February 28, 2020 would reduce the amount of severance otherwise due. (©) The District will continue to pay its current share of insurance premiums ‘on Employee's behalf through February 28, 2020. Thereafter, the District will make ‘COBRA continuation coverage available to Employee at Employee's expense. (©) District and Personal Property - On ot before January 2, 2020 Employee shall retum to the District all keys, badges, equipment, documents, credit cards, mobile phones, laptops, or other District property in her possession. Employee will make arrangements With the District to retrieve any of Employee's personal property. time 36816892 112772019(@) References - Employee will refer prospective employers seeking a District ‘employment reference to Board President Elaine Miner. The parties agree that prospective employers will be old that Dr. Conley voluntarily resigned her position and that the District does not generally comment further on personnel matters. Additionally, the letters attached as Exhibit A may be used by the parties at their discretion. (©) Transition - Employee will be reasonably ible to assist the District with transition issues related to her resignation and her replacement. 3. Release. (@) Consultation with Counsel — Employee has had an opportunity to consult with counsel of her choosing, and to have her rights and obligations under this Agreement, including, but not limited to, the release language in this paragraph explained 10 him and acknowledges an understanding of the content ofthis Agreement. (b) Release of Claims ~ The District and Employee, on behalf of herself, her marital community, if any, her heirs and assigns, by executing this Agreement, hereby release and discharge all of their respective existing rights to any relief of any kind ‘(known and unknown) from the other and its affiliated entities. predecessors, successors. assigns, its agents, board members, employees, and representatives (hereinafter the “Released Parties") of and from any and all losses, liabilities, claims, expenses, demands, and causes of action, of every kind and nature whatsoever in law or in equity, contract or tort, known and unknown, suspected and unsuspected, disclosed and undisclosed, fixed and contingent, whether direct or by way of indemnity, contribution or otherwise, including by way of illustration, but not of exclusion, all cli benefits, damages, disbursements or any other claim arising from or relating to Employee's employment with the District and all clsims for personal injury or any other claim on any basis or theory whatsoever through the date of this Agreement. This Release does not release any claim for vested benefits related to retirement benefits and/or unemployment benefits. (©)__ Acknowledgement Rights — Employee has been made aware of her rights under the Older Workers Benefit Protection Act, 29 U.S.C. 621 et seq. and understands and agrees that she is waiving any and all rights or claims she may have under the Age Discrimination in Employment Act of 1967 (ADEA) as amended. Employee further expressly acknowledges and agrees that she: 1. __ Has been offered a period of at least twenty-one days within which to consider this Agreement before exeeuting it, and with advice of his counsel has ‘waived that opportunity after having what she hereby expressly acknowledges and agrees was an adequate sind fair period of time within which to review and consider this Agreement. oH 36814932 112700192, Has carefully read and fully understands all of the provisions of this Agreement and has agreed to accept all ofthe terms contained therein without any pressure or coercion by the Employer. 3. _ By this Agreement, understands she is releasing the Released Parties as defined in this Agreement from any and all claims she may have against them or any of them aceruing through the date ofthis Agreement. 4. Knowingly and voluntarily agrees to all of the terms set forth in this Agreement, 3. Knowingly and voluntarily intends to be legally bound by this ‘Agreement. 6. Had an opportunity to consult with an attorney of her choice prior to executing this Agreement. 7. Has a full seven (7) days following the execution of this revocation period has expired. If Employee revokes this Agreement within the time frame specified above, she agrees to do so by giving writen notice to Board President Miner. In the event that Employee timely revokes this Agreement after she has received any payment for consideration specified herein, Employee agrees to return said payment or consideration with her notice of revocation. 4. Compromise. As certain claims or disputes may have arisen during the course of Employee's employment, it is understood and agreed thet this Agreement is a compromise and settlement of any and all disputed claims by Employee and that it shall not be construed to be an. admission of lability or wrongdoing by any party. 5. Non-Disparagement. Employee agrees that she will not disparage the District, its board members or employees. Similarly, the Board and the District's executive team will not make disparaging comments about Dr. Conley to third parties. This paragraph does not prohibit the partes from discussing District matters and decisions. 6. Confidentiality. (®) The parties intend that Employee treat the terms and conditions upon which this matter has been settled, including the provisions of this Agreement (‘Confidential Information"), as confidential. Employee will not disclose Confidential Information to any person or entity at any time, except as provided herein. (@) Employee may disclose Confidential Information to her attomeys, accountants, or tax planners, provided that if she discloses Confidential Information to Rove 34816932 1127001any such person, she must simultaneously inform thet person that the person must keep the information strictly confidential and that the person may not disclose the information to any other person without the advance written consent of the District, and provided further that any disclosure of Confidential Information by any such person will constitute a disclosure by Employee. Employee may give truthful testimony in response to direct ‘questions asked pursuant to an enforceable court order obtained after providing notice to the District, which order pays due regard to the concerns for confidentiality expressed by the parties herein. (©) This paragraph will not prevent Employee from testing the "knowing and voluntary" nature of this Agreement in court or from seeking a judicial determination of the validity of the waiver and release of claims contained in this Agreement if she should ‘choose to do so. {@) Employee recognizes that the District is subject to Arizona's public records law and will be required to produce this Agreement if appropriately requested. 7. Approval, This Agreement shall not be effective or become binding until approved by a majority of a quorum of the Distriet Governing Board at a duly noticed regular or special public meeting. 8 Authority, Employee represents and warrants that she has the authority to enter into this Agreement, and that she has not assigned any claims to any person or entity. 9. Complete Agreement. No promise, inducement or agreement not herein expressed has been made or entered into with Employee. This Agreement constitutes and embodies the full and complete understanding and agreement of the parties hereto with respect to the matters addressed herein and supersedes all prior understandings and agreements. The parties may not change, modify or rescind this Agreement except in writing, signed by both parties. 10. _ Barto Any Action or Lawsuit. Except as may otherwise be prohibited by law, the District may plead this executed Agreement as a complete bar to any action or lawsuit before any ‘administrative body or court with respect to any Claim that, ‘or may have existed as of the date hereof. 11. Headings. The heading to each paragraph contained herein is for the convenience of the parties and has no independent legal significance. 12. Governing Law and Forum. This Agreement shall be construed and enforced under the laws ofthe State of Arizona without reference to conflicts of laws principles. In regard to any litigation which may arise in regard this Agreement, Employee shall and does hereby submit to the jurisdiction of and agrees that the proper venue shall be solely in state or federal ‘court in Maricopa County, Arizona. ovine 26816832 1127201913. Drafting: Neither this Agreement nor any of its provisions shell be deemed prepared or drafted by any one party or it sttormcys and shall not be construed more strongly ‘against Employee or the District. Dr. Ember Conley 4 ‘Superintendent ‘MESA UNIFIED SCHOOL DISTRICT ose‘RDAs 36816582 11270019November 25. 2019 Ember Conley, Ed.D. Re: Your Resignation Dear Dr. Conley: ‘We understand and respect your decision to resign your position as Superintendent with the District, effective January 2, 2020. ‘We thank you for your hard work and dedication to our students and our entire ‘educational community during your time with us. ‘Your efforts to improve the education of our students are much appreciated, and we wish you the best of luck in the future. Thank you again for your service. Sincerely, ite lita ~ Elaine Miner President, Governing Board Mesa Public Schools ovrane 3686602 117270019Dr. EMBER CONLEY Members of the Governing Board Mesa Unified School District No. 4 63 East Main Street Mesa, Arizona 85201 Re: Resignation Dear Members of the Board: ‘After a prayer and consideration, I have decided that it would be in the best interests of my family for me to resign my position as Superintendent of the Mesa Unified School District, effective January 2, 2020. ‘This difficult decision comes at the heels of a series of challenges my family and I have faced during the past few months. In March, I lost my beloved father, who was my lifelong bestfriend, hero and role model. Losing him was devastating. His death also resulted in the hard task of finding appropriate fulltime care for my mother, who is struggling with Alzheimers. In June, my family also lost one of our dearest friends to illness. In September, I underwent emergency surgery and was unable to serve our students for almost two weeks. All of these events have channeled me in a direction to embrace every moment with my sweet family and focus on my faith, As the Thanksgiving holiday approaches, I want to take this opportunity to thank each and every member of the Board for giving me the honor of serving the students of ‘our District. Your passion and heart for our District is one of service and dedication. ‘Working with the students and the many talented professionals in the District has been ‘one of the most inspiring experiences of my professional life. The Mesa Public Schools family is truly remarkable, and Mesa Public Schools is an organization that will continue to be a beacon of excellence in public education, I humbly thank you for the opportunity to serve and will always cherish my time with you championing the education of our 63,000 students. May your time as elected public servants be blessed. Best holiday wishes to you and your families. Sincerely, Ember Conley, EAD. time 24816932 122019