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Superintendent Payment Dlaclosur& Form


TEXASEOUCATIONAGENCY
County-District Number ______ __ _ 2
_35
_ 90_1_ __ _ __ _

lnfonn11tion Flied Pursuant to Texas Education Code (TEC) §11.201 Bloomington Independent School District
School DiGirict Name _ _ _ _ _ _ _ _ _ _ _ _ _ __
Col!ecfign A111bority: T.E.C. §11.201
lnttnJC:tions: Request for compliance information Is fer severance agr&emanls executed on or after Septamber 1, 2001.
File a separata fonn for each former superin1andent, if applicable.
'ThG Commi&aioner's Rulea ccnceming severance payment and any reduction amount is to be app&ad in ac:cord1nc:e Mt! 19 Texas
Admlnlstn11iw Code §106.1021.
Part 1 Complete the following queatlona;

a Formersupetln1endtnt's name: _1o_ra_s_Wa_m_e1_1- - - - - - - - - - - - - - - - - - - - - -


b Dale sell8rance agreement was executed: March 8, 2017
c. Annual salarx per S"'8rintendent employment terma agreed upon prior to fi13l day of servlai for last contract
YHt of employment. $199,697.68

,,,... provldtl.,, Hwttlnd detWI of tolid 111110unt


mlnutu, c:onfntCf .,,,.,,ctnems, -=hool poildel, etc., an
lndudlnfl •ny suppotfr1Q *""*'llldon, L-. die U.. _..,,, b.,..OSS.
m• ·
•nt
d. AggC8Raf! payment am punt of any salary and/or any other payment paid during la&t contract yeer of employment thn:iugh
date employment as superinll!lndlntended: $99,848.84

,,,._, ptOvldft•n ltlmlnd dMIJI afro.., amount 1'1*1 •nd •nr suppot'llng wll/dt.,., lnduda pqmwlfS ,,,.. an
car'-•·
belltlfof, e.g., mtimbenshlp fees, cell phon., ete.. on• •..,.._ shMt vi Piii*"- .
a. Aggregate payment amount of any salary and/or any other payment paid as aupenntendent ended:
$191,743.87
on• . .,,_, .tM.t otpaper, P,._• ptnv#de en It.,._ "'*11 ol lotill .,,.ount Dsted 1t1"""1/ng t11yaipporfllng docurrrenfllf/on.
f. Date{&) or employment whh dlatJlct !!!!! the exacutioo of eeverance a9reement March 9, 2017 / August 31, 2017
I (Ended, if appic:able)
Part 2 Copies of Superintendent'& Documents:
Superintendent document copies filed with this form.
. I!) lndlcale If copy of the manclaf!!rv 1uperintandent employment contracl I& enctosad.
ml Indicate if copy of the mandaklry termlnationhseveranoe agreement is enclosed.
D lndicato if copy of any agreement for IJll[ employment as &uperintendent is enclosed.
P;art 3 Complete this information:

Abbie Barnett abble.bamri@bisd-bc.org


Currant SUper ntandenl's Name email addres;s

John Ellsworth john.ell1Y19rth@billd-bc.org


Cumint Board Prasident's Name email addre11 Signature

Mi&ty Brasfield 361-333-8016 misty.brasfield@bisd«org CFO


Distt1ct contact Person's Name Telephone
Part -4 Retum to:
Contect P"5Cll; Elsa Dominguez
Email: elsa.dominguez@tea.18Xas gOV
Reset folJn: J PrintForm · . - I
Texaa Education Agericy
Division of School financial Compliance
1701 Con!J(ess Avenue, Auitin, TX 78701
Phone#: (512)463-7652; Fax#: (512)4631m AU0001R01 Fann-revised Mar. 2017
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• P. 21

Date given Superintendent: February 12, 2016


Date returned by Superintendent: March 2,, 2016

STATE OF TEXAS
COUNTY OFVICIORIA

51JPEIUNTENDENT'S TERM CONTRACT


The BOARD OF TRUSTEFS ("Board") of the BLOOMINGTON INDEPENDENT SCHOOL PJSTRICT
("BlSD'') and Delores Wa.av:U ('"Superintendent") punwmt to Section 11.201 of the Texas Education
Code agree to the following tenn8 and conditions of employment as Superlntmdent lot BlSD.
I. Tenn
1.1 Thv Superintendent sltilll be employed on a 12-month basis, for a term of 4.5 ye.as, commencing
on Jan 01, 2016 and ending on August 31, 2020. nus contract is not for a specific number of
day& within a year.
1.2 BJSD may by action of the Board, and with the consent of the extend the term of
thill tmn oontract.
l.3 The Board hu not adopted any policy, tu le, regulation, Jaw, or ptaetice providing for tenure. No
right of tenure is cnah!d by this leJm contract. No property interest, expzess or implied, is
created in continued employinent beyond the contract mm.
n. Employment
2.1 Dutia. The Superintendent Js the educational le;ader and chief extsCUtive of the dilltrlct and shall
faithfully perform the duties of the Superintendent of Schools for the BISD, as prescribed by
Texas law and in the adopted job and as may be amgncd by action of the Board, and
shall comply with all Board djrectives, state and federal hlw, district policy, rules, and
regulatiON as they exist ar mily be amended. The Superintendent lhall perform. the
duties of the Superintendc:nt of Schools for the BJSD witf\ reasonable care, diligence, skill, and
eicpertise and shall devote substantially all of his/her time, skill, labor, and attention to his/her
employment and the perfonnanca of tht!se duties during the term of thb term contract.
2.2 Profmional Ctrtiftcation. The Superintendent shaD at all times during employment by BJSD hold a
valid c:ertUicate required of a i.-uperinlendent by the State of Texas and issued by the Texas
Agen<!}' or the State Board of Educator Certifiattfon and all other certificates required
by law. 1'he Superintendent represents thats/he has made written to the Board of any
conviction for a felony or for: any offense involving moral turpitude. l'he Superintendent shall
also be s1.1blert to a aiminaJ history record check, and hiS/her employment b contingent upon
such results being favorable and consistent with information previously disclosed to the Board.
2.3 The Board may reassign the Superintendent to another position only if the
Superintendent expressly consent$ ln writing or is afforded notice and an opportunity fOJ: a
hr:aring.
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2.4 B1>md The Superintendent shall attend all meeting& of the Board, bolh open to the
publlc and dosed. The Superintendent geaerally shall be excluded from all or a portion of those
d011ed meetir\s8 dewted to the consideration of any matter regarding the Superintendent's
employment. the Superintendent's salary and benefits, and the Superintendent's evaluation and
from those dosed meetings dfNOted to inte:per&onal relationships between individual Board
members.
2.5 Critic:Wns, C1>mplllirrts. Individual Board mesnbers shall refer to the Superintendent all substantiVe
criticisms, compla1nts, and suggestions brought to their attention by employees or members of
the public. The Supeiint.enderlt shall look into the matter and direct a complainant to the
appropriate policy for ttrSOlution of the ccnnplainL When the matter ii a &ubstu\tive aiticlllm or
suggestion. the Superintendent shall Investigate and make a report to the Board for its
awideration.
UL Compensation and Benefita
3.1 Sallzry. During the 2016-2017 school contract year, the BlSD shall provide the Saperlntendent
with an annual salary not Jess than $ 199,000. The annual salary shall be paid to the
Superintendent in equal !l'lonthly installments conalatent with Board's polidai, Contract
Addendwn and supplemeatnl duties.
3.2 Salary Adjustments. The Board will oonsider all compensation regularly and determine Jf increases
are wananted by perft>nnance, longevity, and general economic mnditions. Such adjustments, lf
;uiy, shall be effective on the July 1 following approval of the adjusbnent and shall be in the fonn
of a written addendum to this tenn contract or a new contract shall be Issued.
3,3 V4t¥1tioit, HoJid"JS, LltzDe Btnefit. Subject to the Board's approval of the scheduling, the
Superintendent may take 10 days oi v11.cation each year of this contract; vacation in the first year
of the contract ia available after completing l months of &erVic:e under this contract. These
vacation days will be taken at limes that will least interfere w.ith the pctlormancc of the
Superintendent's duties as set forth in this rerm contract. Unused vacation and non-duty days
will accumulate from year to year and can be converted into c:oinpensotion during, or at the end
of each &cal year or at the termination of the employment relationshi r· 1lu! Superintendent
shall observe the same holidays and breaks as provided by the Board's adopted annual calendar.
The Superintendent shall be subject to the leave policleil applicable to all employee& ilS stated in
adopt2d board policy.
IV. Amaual :Performance Goals
4.1 Dewlopment of GoRll. The Superintendent, in c:ooperation with the Oistrict-Level Planning and
Dec:ision·Maklng Committee, shall submit ta the Board each year, for its consideration and
1tdoption, a prelhnlnary list of goals for the BlSO. The goals approved by the Board shall at all
times be I11emotialized in writing and reflected In Board minutes or the Superintendent's annual
written evaluation and shall be among lhe criteria on which the Superintendent's performance is
reviewed and evaluated,
V. Review of Perfoammce
5.1 Time llnd Basis of Bl/lll1U1tion. The Board shall evaluate and a.'!litSS in writing the performance of
the SUperintendent at least once each year during the lean of this tenn contract. The evaluation

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and as&eB&ment ahall be reasonably :elated ID the duties of the Superintendent. The Board, at its
di&aetiOI\ may e\laluate and ali&e55 the performance of the Supe:inb!ndent as m11ny times during
the yw as it deems appropriate, and shall be 1e.111onably related to the duties of the
Superintendent as outlined in the Supe:intendent's Board approved e9aluatlon instnunent_ and
&hall be based on the Districl's progreae towards aa:omplishing the Dmnct Goals. The evaluation
of the Superintendent shall at all times be conduded in dosed meeting.
5.2 Fonnld tmd Proct:dun. The evaluation format and procedure shall be adopted by the
Board and shall be in BCCOrdance with the Board's polidet and state and federal law.
VL Renewal or NonrencwaJ of Term Contzact
6.1 Contract renewal or nonn:newal ehaU be In accordance with Board policy
and Section 21.212. of the Texas Education Code. It is expresely agreed by the parties that '1oss of
confidence in the Superintendent by the Board" shall be a valid for nonrenewaJ pursuant
to Section 21.212 of the Te.xas Education Codi!.

6.2 Appe11l. If the Superintendent ls aggrieved by the Board'• decision, he or she may appeal to the
Comin!Asioner of Education in •ccardance with Subc:hapter G, Chapter 21, of the Texas Education
Code.
vn. Termination of Contract
7.1 Muhllll Agrionmt. This term. contract may be renninated by the mutual agreement of the
Superintendent and the Board in writing, upon such terms and condition!! as are mutually
agreed.
7:i. Raigniztion. The Superintendent may leave the employment of the district at the encl of a school
year without penalty by filing a written resignation with the Board and with board action to
occur not later than the 45th day before the first day of of the following school year.
13 Retimnlnt or Death. This term contract shall be t.enninatcd upon the retiremant or of the
Superintendent.
7.4 Disrnis111l or SufJ1msilm Without Pq for Good Uiuae. The Board may dismiu tha Superintendent,. or
mspend without pay for a period not to extend beyond the end of a school year, during the term
of thb term contract for good cause, defined generally as failwe to perfonn dutiea or
mponslbUities within the scope of employment or as set forth under the tennl and conditiuons
of this teem contract that a Texas school superintendent of ordinary prudence would have done
under the 5ame or sbnilar clraunstances, lnc:luding any conduct that is inconsistent with lhe
continued existence of the Board-Superintendent relationship. The following w: examples of
conduct and situations which may constitute ..good cause," but the terin is not limited in
meaning by this list:
(1) Insubordination or failwe to comply with written or oral directives l&&ued by Action of the
Boa.rd or failure to comply with Board policies;
('2) .Any sexual irdaconduct with a student or employee oc any conduct that endangers or has the
potential to endanger the hNlth or safety of onl! or more students or employees;
(3) Incompetence or inefficiency in the performance of rtq\liced or assigned duties 39
documented by evaluations, supplemental memoranda, or other written conununication

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when the Bo111d ha:i provided the Superintendent a reasonable opportunity to remediate any
Incompetence ar inefficiency that la remediable;
(4) Neglect of duties;
(5) Drunkenneas or excessive use of alc:ohollc beverages;
(6} Illegal use of drugs, hallucinogens, or other substances regulated by the Texas Dangerous
Drug kt or the Teicas Contro11ed Substances A<±;
(7) Conviction of a felony or any aime involving· .moral turpitude; conviction of a lesser
included offense pursuant to a plea when the origirW charged offense .ia a felony; deferred
adjudication fot 11 felony or ;my crime involving moral tucpltude, when the conviction or
deferrod adjudkatlon OCCDr$ during the term of employment
(8) Failure to meet the BJSD's standards of prolessionaJ conduct;
(9) Failure to comply with rea,,onable BISO professional development requirements;
(10) F.xa!i&ive ab6el'ICrS, i.e., abi;enas not in compliance with district policy or procedures.
(11)Immonility, which is conduct the Board determines is not in confonnity with the accepted
moral standuds of the <:ammunity encompesed by the BJSD. lmmol'llity includes conduct
iJIConsiststt with rectitude or indiative of corruption, indecency, or depravity;
(12)Fai.lure to In5'ke a reaQOnable effort to ilchieve and maintain an effective working relationship
or good rapport with the coaunw\ity, or &taff, unless the relationship or good
rappart i& not achieved or maintabled due to no !Ault of the Superintendenl
(13) Failure to make a rea:ionable effart to achieve and maintain an effective working relatjonship
ot good rapport with the Board. for any reason. in its so)e and dden:nlnalion;
(14)Falsifying records or documents related to the activities;
(15) Mlstepresentation of filCt5 to the Board or other BJSD offid-1s in lhe ainduct of the BISD's
buainen;or
(16)Any other reason constituting •gooct cause" under Texas law.
'l Tmttinlltion or Without PfZY Proetdure. In the event that the Board proposes to rennfnate
this teon contrad or suspend the Superintendent without pay for "good the
Superintendent shall be afforded all the rights as set forth in Board policies and Subchapter F,
O\apter 21, of the Texas Education Code.
VIIL Miacellaneom
8.1 ConfTolling l.lnD. Thia term. contract shall be governed by the laws of the State of Texas and shall
be performed in VICTORIA C.Ounty, TeJCa1, unless otherwise provided by law.
82 .Agrmnent. This tenn oontrad embodies the entire undermnding belwet!n the parties
lUld cannot be V'Bried except by written agreement of the undersipd partieA and Board approval
of the new or additional writing at a lawlully called meeting. All existing tmn contracts, both
oral and written. betw(.-en the parties regarding the einployment of the Superintendent are
aupezseded by this term contract, and thJs term contract constitutes the entire agreeinent between

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,ERSON FAX NO. 5 p, 25
JUN-19-2017 MON 03:55 PM WALS

,( . .. . . '

the parties Wlless amendl!d pursuant to this paragraph ct other specific tenns of this teem
contract.
8.3 Cmjfia8. ln the evimt of any conflict between the terms, conditions, and provisions of thli term
contract and the provisions of the Board's polfcles or any permissive state or federal law, the
terms o! this lenn t"Ontnct shall take precedence over the contrary provisions of the Board'•
policies or any such penninive law, unleas othetwi&e prohibitod by law.
8.4 51111mgs ClRuse. ln the event my one or more of the provisione contained in this term contract
aNU, for any reaeon, be held to be invillld, Illegal, or unenforcM>le, auch invalidity, illegallty, or
W\enforceability shall not affect any other provision, and this term amtract shall be construed aa
If such invalid, illegal, or unenforceable provision had never been included.

the City of BLOOMINGTON, County of VICTORIA and state


day AM&pursuant to action Board o! Trustees at a meeting held on Ji ,
for which there was a properly posted agenda that induded an item celated tn Gmplo)'lnc:nt of a
superintendent.

BLOOMINGTON JNOBPENDENT SCHOOL DISTRICT

President Board of TNStees


Jc

Supedntendent

s
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0
February 'XI, 2016

Contract Addendum:

This add1tndum ''ta be added to the Superintendent, (Delores Warnell) contract upDn board
approval.

In addition to the performance.of the Job duties of Superintendent of Schools.for District, tills
ai ntract Included additional, supplemental duties which expressly are not made a part of this
contract. The assfl:nrnent of the following supplemental duties, the start and end dates for which may
be cflfferent from the start and end dates under thl$ contract, ara separate and apart from thl$
contr.sct. This contract does not aeate a property right to continued employment In any way
supplemental duties, but n:rnoval of such duties, once given, must be done by Board action. The
Board assigns the Superintendent the supplemental duty of administration of federal programs and
thfs supplemental duty lnduded payment of 15% annuallv of total federal funds and gran1s for
performance of those duties. These amounts wfll be reviewed and adjusted annually.
0
Retyped from 2014 Addendum

()
JUN-19-2017 NON 03:55 PM WALS ERSON FAX NO. 5 P. 27

STATE OF TEXAS §

COUNTY OF VICTORIA §

RE§IGNATION Mill RELEASE AGR.EEMEJ:IT

This Resignation and Relc:asc Agn:emw (hcteinafter "the Agreement; is made between
Delores Wamcll (also referred to u KBmploycc") and tbe Bloomington Independent School
District Board of Trustccli (also referred tc;i as "District" or "Bloonringtoll JSD"). Bloomington
JSD and Employee may be referred to collectively as "tht Parties."

1. For the coaaideration of Employee's submission of her written and non-mcindabJc


resignation effective August 31. 2017. and for other valuable consideratiOJl, further
descn"bed in thi<I paragraph, Bloomingtan ISD Boud of Trustees agrees to rescind its
prior action accepting her resignation effective June 30, 2017, and to accept her
resipati90 effective August 31, 2017. The District agrees to pay Employee a monthly
saliity of Twemty: I'luee Thousand aod N0/100 Dollm ($23,000.00) for the six
months ofMarch through August, 2017. During this period of time, the District agrees
to place Employee on paid administmtive leave, in m administmtivc position. During
this period of administrative leave, the District agrees that Employee will not be
required to be present in the District, or itvai1able for consultation, at any specific date
or time. Employee hereby expressly agrees to her reassignment to a position other than
SUperintcndcot of School.&, for this period. Employee will be available for telephone or
email consultation reprding District business, with other District employees, at
reasonable tiaies during this period of administr41ivc leave. On September 30, 20 l 7
Bloomington ISD hereby fwther agrees to pay Employee a final lump swn payment of
FIFTY T.HREE THOUSAND, SEVEN HUNDRED FORTY THREE and 871100
DOLLARS ($53,743.87). The Disttict shall withhold and deduct from this final lump
li\IIll amount the appropriate amounbi for Medicare, and Federal Income Tax payments,
and aoy other appropriate required deductions or withholdings, and the net payment
amount of this final lump sum payment will be THR1fY FIVE TIIOUSAND NINE
HUNDRED SEVEN and 67/100 DOLLARS .67), Approval of thi11 payment
and the entire Agreement must be made by the Board of Trustees at a duly called
meeting and following a public hearing on the payment as required by Jaw. The
District make& no &UaraDtees regarding TR.S hancDing of any amoUllts of monies
included in this Agreement

2. · On or before March 31, 2017, Employee i;ball vacate the housing property owncd by
the District and return all keys to the property to the District's administration office.

3. Employee, in c:Onsider.ltion of the terms specified in this Agreement, lcnowingly and


volUIUJuily agrees to ine\locably aod unconditionally RELEASE, ACQUIT, AND
FOREVER DISCHARGE the District, its past, present, and future elected officials or
trustees, employees, attorneys, representatives, officers, agcuta, and successors or
assigns, all in both tlteir official and thelr lodlvidual capacides, from all past and
present obligations, cootmct rights, damages, losses, personal injuries. crimiDal

\'
JUN-19-2017 HON 03:55 PH FAX NO. 5 P. 28

charges or complain15, rights ta compensation, costs. expenses. fc:cs, attomeys' fees.


including any claim for attorneys• fees, demands, actions, causes of action, suits jo law
or equity of whatsoever kiDd or nature, including but not limited to any admmistrativc _,
review, Texas Commission ou Hum.an Rights Act (TCHRA), Office of Civil Rights
(OCR) and/or Equal Employment Opportunity Commission (EEOC) complaints, and
dec1aratof}' judgment, for damages or any type of .relict under common law, fedezal
and state constitutional and statutory Jaw, includllig the Age Discrimination in
Employment Act (ADEA), admminrativc regulation, or otherwise, kmown or
unknown, direct or derivative, cx.i&ting or to based upon any act or omission up
to the execution of this Agreement. It is the intent of Employee to release ANY AND
ALL claims of any kllid or character that Employee bas or might have against the
District, its employees, agents, trustees or representatives up to and iooludi11g the
effective date of this

4. Employee further agrees to refrain from instituting, prosearting. pressing, or in any


way aiding in the institution or prosecution of any suit, claim, action, appeal or
administrative proceeding against the District, its past, present and future trustees,
employees, representatives, lllld assigns, in both thc:it individual and official capacities,
for any claim or cause of action arising from or in any way related 1o Employee's
employment or cessation of emplo,ntC11t with the District, up to the Effective Date of
this Agreement. In the event that Employee viollltes this teEJJl of the Agreement, then
Employee shall defend, hold hazmlcss and indemnify the District, its past, present and
future trustee$, employees, i:cpreseo.tatives, and assigns, in both their individual and
official capacities, froDl any and all deaiands, claims, suits, actions, judgments,
expenses and attorneys' fees incuaed in any legal proceedings brought by or on behalf
of the Employee arising from or in a.uy way related to Employee's employment or
cessation of employment with the District, including but not limited to any and all
attorneys' fees and costs incwted to defend any such claims or ti-uits brought by
Employee.

S. This Agreement is not and shall not be construed as an admission by eitbcr party of
any allegation, assertion, or conclusion regarding tbc employment or cessation of
employment of Employee with Bloomi.ngtoa ISO.

6, This document is the final agreement of the Parries. The Parties are not relying on any
rcprcscncatious or promises between the Parties otbcir than those set out ill this
Agreement. There am no representations, agreements, arrangements or undmtandings,
oral or written, between or among the parties relating to the subject matt<.T of this
Agreement which are W>t fully expressed in this documaat This Agreement may not
be modified or ameoded except by written agreement executed by the parties hereto.

7. The provisions of this AgreeIDent ere severable and the invalidity or uncoforceahility
of ll!lY provision of this Agreement shall not affect the validity ot ellforocability of any
other provision. it is the intention of the parties that each provision of this Agrecmc::nt
be conmued in a manner designed to effectuate the purposes of such provision to the
maximum extent enforceable undet applicable lnw.
Ra'61Ultian tmd Rtkt11e
lllDDmhlglon JSDllrOJt1ttll. Dolores
Pog112
JUN-19-2017 MON 03:55 PM WALSH ERSON FAX NO. 5 P. 29

8. This Agreement shall be construc:d without regard to the identity of the person or
persons who dtaftcd the provision contained .berebl. Each aQd evecy provision of this
Agtecmcot has been reviewed by each party. aod each party bas participated equally in
the process of reacbin£ 1his Agreement. Ju a result. each and provision. of this
Agreement shall be construed as if each party hereto participated equally in the
chdl:ing hereof. Any role of construction lhat the document is to bo construed agaiDst
drafting putie9 shall not be applicable to this Agreement.

The EFFECTIVE DATE of this Agreement is deemed by the Parties to be the most rceeot
exiseution date set out below. The Parties have made and executed this AgreelllC11t on the dat.cs
&tated below.

Datc:3f 1 If 12

For. BLOOMINGTON JNDEPENDl!NT


SCHOOL DISTRICT

Date:
, 7I
"3} .) ? By:
JOHN EU.SWOR.TII, Board President

RlulgnodOlf mt/Rllttu•
Bloomltrflon Delora
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