SETTLEMENT AGREEMENT AND RELEASE THIS SETTLEMENT AGREEMENT AND RELEASE (the "Agreement"), made and entered into this day of , 2017, between Dr. Douglas J. Moeller (hereinafter "Dr. Moeller") and the Board of Education of DeKalb Community Unit School District No. 428, DeKalb County, Illinois (hereinafter the "Board" or the "School District"). WITNESSETH: WHEREAS, Dr. Moeller, on the date of execution of this Agreement, is employed by the Board as Superintendent; WHEREAS, disputes have arisen regarding the employment of Dr. Moeller with the District; WHEREAS, Dr. Moeller has submitted his irrevocable intent to retire from his position effective upon the approval and execution of this Agreement, which is attached hereto as Exhibit A and was accepted by the Board; and WHEREAS, Dr. Moeller and the Board are mutually agreeable to entering into this Agreement, which confirms the terms and conditions of Dr. Moeller's retirement and releases and waives any charges, grievances, lawsuits, claims, or other potential litigation between the parties. NOW, THEREFORE, in consideration of the promises and mutual agreements of the parties, itis hereby agreed by the Board and Dr. Moeller as follows: SECTION 1. RETIREMENT Dr. Moeller agrees to retire from his position with the District effective April 30, 2017. SECTION 2. CONTRACTUAL PAYMENTS AND OTHER CONSIDERATION In consideration of Dr. Moeller’s execution of this Agreement and full release and discharge as set forth in Sections 2 and 3 of this Agreement, Dr. Moeller shall be removed from his role as Superintendent and will be reassigned at the Board's discretion to duties and responsibilities that would require a Professional Educator's License with an Administrator's endorsement (the "Duties") until April 30, 2017. In exchange for the performance of the Duties, Dr. Moeller shall receive all pay consistent with the District's normal pay schedule. Dr. Moeller agrees to retire effective April 30, 2017, see Exhibit A to this Agreement, ‘A. Dr. Moeller shall remain an employee of the District until his effective retirement date of April 30, 2017, which shall entitle him to receive all compensation and 15161124804 0900277benefits through the date of April 30, 2017, as set forth in the "Superintendent's Contract," as approved on May 6, 2014. B. To provide payment for fifteen (15) unused accumulated vacation days for the 2016-2017 contract year, less applicable withholdings, pursuant to the Illinois Wage Payment and Collection Act. Said payment shall be due and paid ten (10) days afier Dr. Moeller's last day of work or receipt of his last paycheck for regular earnings, whichever date is later. C. To provide and pay continued health insurance benefits for Dr. Moeller and eligible dependents as set forth in the "Superintendent's Contract," as approved on May 6, 2014, from the date of this Agreement until April 30, 2017. Alternatively, if continued health insurance is not available, Dr. Moeller may exercise his rights under federal COBRA laws and any applicable state insurance continuation laws to elect continuation coverage whereby the Board shall provide payment for such coverage until April 30, 2017. SECTION 3. GENERAL RELEASE AND WAIVER OF CLAIMS In consideration of the payments and benefits set forth in Section 2 above, Dr. Moeller, for himself and his agents, representatives, attorneys, assigns, heirs, executors, and administrators, and the Board, including its individual members acting in their official capacity as Board members, fully and mutually release each other from any and all liability, claims, demands, actions, causes of action, suits, grievances, debts, sums of money, agreements, promises, damages, costs, expenses, attomneys' fees, and remedies of any type, whether concealed or not concealed, known or unknown, regarding any act or failure to act that occurred during the employment of Dr. Moeller, including, without limitation, any claims related to Dr. Moeller’s employment, tenure or retirement of employment from the Board, and including but not limited to all claims actions or liability under (1) the School Code (including, but not limited to, Section 10-224 and Sections 24-11 and 24-12 thereof); (2) Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Civil Rights Act of 1866 (42 U.S.C. §1981), the Equal Pay Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, and the Ilinois Human Rights Act; (3) any other federal, state, or local statute, ordinance, or regulation regarding employment, compensation, employee benefits, tenure, termination of employment, or discrimination in employment; and (4) the common law of 1a161 124004 0800277any state relating to employment contracts, tenure, wrongful discharge, intentional infliction of emotional distress, loss of consortium or any other matter. Nothing in this General Release and Waiver of Claims or this Agreement shall prohibit Dr. Moeller from filing a charge with any government agency or from participating in the investigation of any such charge. Dr. Moeller retains the right to file charges and participate in investigations with the Equal Employment Opportunity Commission (EEOC) with respect to its enforcement of Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act and the Age Discrimination in Employment Act; the National Labor Relation Board with respect to Section 7 and other rights under the National Act Labor Relations; or any other federal, state or local administrative agency charged with enforcing laws governing the employment relationship, Dr. Moeller does, however, waive the right to seck reinstatement, damages, remedies or other individual relief as to any claims that he has released under this Agreement, This Release also does not prohibit Dr. Moeller from enforcing the obligations of this Agreement and does not include any claim that Dr. Moeller cannot waive as a matter of law. SECTION 4. RELEASE FROM AGE DISCRIMINATION CLAIM ‘The Board hereby advises Dr. Moeller to consult with an attomey prior to executing this Agreement. Dr. Moeller acknowledges that he has been given the opportunity to, or has consulted with such counsel, prior to executing this Agreement and does hereby relinquish and waive all legal and equitable remedies provided under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. Further, Dr. Moeller acknowledges that he has been informed of and understands all rights and claims pursuant to the Older Worker's Protection Act of 1990, P.L. 101-433, including, without limitation the following: A. That, by virtue of entering into this Agreement, Dr. Moeller does not waive any rights or claims that may arise after the date of execution of this Agreement, or to the enforcement of this Agreement; B. That Dr. Moeller waives his rights and claims only in exchange for consideration in addition to anything in value to which he already is entitled arising out of his employment relationship with the District; C. That Dr. Moeller has twenty-one (21) days within which to consider this Agreement; and 1316112466 0800277D. That for a period of seven (7) days following the execution of this Agreement, Dr. Moeller may revoke this Agreement, and the Agreement shall not become effective or enforceable until the revocation period has expired, The eighth (8") day following Dr. Moeller’s execution of this Agreement shall be the "ADEA Effective Date" of this Agreement. If a court of competent jurisdiction were to determine that the aforementioned age discrimination waiver was invalid, unenforceable, or ineffective, the age discrimination waiver shall be deemed severable, and all other provisions, terms and clauses of this Agreement shall remain valid and binding upon all the parties hereto, SECTION 5. NON-DISPARAGEMENT Dr. Moeller will not engage, or cause others to engage in, conduct that disparages the Board or its individual members unless required under law or in defense of a legal matter. The Board, including its individual members, will not engage, or cause others to engage in conduct that disparages Dr. Moeller unless required under law, by Board policy or in defense of a legal matter, The Parties agree not to thereafter make any oral or written statement to any third party that defames the Superintendent, Board or School District. Nothing in this Paragraph is intended to restrict or preclude the Board from completing any required process relating to personnel investigations, including any necessary reports of such investigations pursuant to Board policies. Any statements, conclusions or other information contained in any internal reports shall not be subject to this Paragraph. The Board agrees to respond to any reference request regarding Dr. Moeller by providing a copy of the letter attached as Exhibit B. On date of execution of this Agreement, at its Board meeting, the Board agrees to announce the retirement of Dr. Moeller by reading Exhibit C. Additionally, the Board and Dr. Moeller agree that the terms and provisions of this Agreement are subject to public release and disclosure under the Open Meetings Act and the Freedom of Information Act. sECTION 6. NO FAULT This Agreement is not to be construed or used as an admission of any wrong-doing and/or liability whatsoever by or on behalf of Dr. Moeller and/or the Board, as each of the undersigned expressly denies any and all liability or wrong-doing in connection with the disputed issues. 13161124804 0800277SECTION 7. VOLUNTARY NATURE OF AGREEMENT Dr. Moeller and the Board agree that they are freely, knowingly, voluntarily, and without duress, coercion, or undue influence signing this Agreement. Dr. Moeller and the Board agree that they intend to be legally bound by the terms of this Agreement, SECTION 8. COMPLETE UNDERSTANDING This Agreement sets forth all of the promises, agreements, conditions and understandings between the Parties related to the subject matter hereof, and there are no promises, agreements, or undertakings, either oral or written, expressed or implied, between them other than as herein set forth, SECTION 9. EFFECT OF AGREEMENT This Agreement shall inure to the benefit of the Board and Dr, Moeller and shall bind the Board and Dr. Moeller, their agents, representatives, assignees, and successors, SECTION 10. ADVICE OF COUNSEL ‘The Parties have had an opportunity to consult legal counsel regarding the terms of this Agreement and the legal liabilities of the Parties, if desired. SECTION 11. SEVERABILITY If any of the provisions, terms and clauses of this Agreement are declared illegal, unenforceable, or ineffective in a legal forum with competent jurisdiction to do so, those provisions, terms and clauses shall be deemed severable, and all other provisions, terms and clauses of this Agreement shall remain valid and binding upon all the parties hereto. SECTION 12. AMENDMENT OF AGREEMENT Except as otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and duly authorized and signed by each of them. SECTION 13. CHOICE OF LAW = is Agreement shall be governed and construed in accordance with the laws of the State of Illinois to the extent applicable. In the event of the institution of any legal proceedings, the parties hereto agree that jurisdiction and venue shall be vested in any federal or state court located in the State of Illinois and that venue, for all purposes, shall be in DeKalb County, Iinois, 13161124808 0900277SECTION 14. SIGNATURE IN COUNTERPARTS This Agreement may be executed in counterparts each of which shall be considered an original, and all of which together shall be considered one and the same instrument, IN WITNESS WHEREOF, the Parties have executed this Agreement on this__ day of. 2017, BOARD OF EDUCATION OF DEKALB COMMUNITY UNIT SCHOOL DISTRICT aa i NO, 428, DEKALB COUNTY, ILLINOIS ee x Ben bg Zo By: ‘Dr, Douglas J. Moeller President ATTEST: By: Secretary 31611246 osoEXHIBIT A Board of Education DeKalb Community Unit School District No, 428 901 8, Fourth Street DeKalb, Iinois 60115 Re: Retirement Dear Members of the Board of Education, ‘The purpose of this letter is to tender my voluntary and irrevocable intent to retire fom my position 2s Superintendent ftom School District No, 428 effective April 30, 2017, Tt has been my distinct honor to lead and work with the students, parents, staff, boards of education and community for the o (®) years, ee Dr. aie Moeller Superintendent tse4sys omo2TTEXHIBIT B To Whom It May Concer: Dr. Douglas J. Moeller served as the Superintendent of DeKalb Community Unit School District No, 428 from May 1, 2014 through April 30, 2017 at which time he retired from his position of Superintendent with the Schoo! District. Respectfully, President, Board of Education 1at61124e04 0800277EXHIBIT C Effective April 30, 2017, Dr. Douglas J. Moeller announced his voluntary retirement from his position with School District No. 428. 1316112486 0800277