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Meeting Date:
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8/26/2021 - 6:00 PM
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Category:
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General Counsel - Legal - Votes
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Type:
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Action
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Subject:
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12.5 Resolution of the Board of Education of the City of Newark, County of Essex, Approving Separation Agreement with Employee No. 35762 and Directing Implementation of its Terms
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Strategic Plans:
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Enclosure
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File Attachment:
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Summary:
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Separation Agreement with Employee No. 35762 and Directing Implementation of its Terms.
WHEREAS the Board of Education of the City of Newark, County of Essex (“Board”) withheld the salary increment of Employee No. 35762 (“Employee”) for the 2020-21 school year;
WHEREAS Employee, through his collective negotiations representative, challenged the increment withholding by submitting a grievance, which was denied, and thereafter by submitting a request for arbitration; the Board filed a petition for scope of negotiations petition, seeking a restraint of arbitration; the Public Employee Relations Commission (PERC) granted the Board’s petition and ordered a restraint of arbitration; Employee thereupon filed an appeal of the PERC decision to the Superior Court, Appellate Division; and the matter is currently pending in that court;
WHEREAS, additionally, Employee challenged the increment withholding by filing a Petition with the Commissioner of Education; and that matter is currently pending in the Office of Administrative Law;
WHEREAS the Superintendent has recommended the filing of a tenure charge of inefficiency against Employee;
WHEREAS, subject to approval by the Board, the parties have agreed to resolve all disputed matters by way of a Separation Agreement providing that Employee will retire, effective March 1, 2022 and waive and release any and all claims and rights, including any claims for continued employment or additional compensation, in exchange for restoration of his salary increment for the 2020-21 school year, placement on the appropriate step of the salary guide for the 2020-21 school year and the 2021-22 school year through February 28, 2022, approval to utilize accumulated sick leave through February 9, 2022, and expungement of any reference to the increment withholding from his personnel record;
WHEREAS, accordingly, Employee has submitted notice of his retirement, effective March 1, 2022;
WHEREAS this Separation Agreement is in the best interests of the Board and the public since it avoids an uncertain conclusion after protracted and costly proceedings at the expense of the public;
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Funding :
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Recommendation to the Board:
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NOW, THEREFORE, BE IT RESOLVED that the Board hereby authorizes and approves the Separation Agreement with Employee, including terms as set forth above, and authorizes the Superintendent to execute said Separation Agreement on its behalf; and
BE IT FURTHER RESOLVED that the Board hereby accepts Employee’s retirement, effective March 1, 2022;
BE IT FURTHER RESOLVED that Employee’s salary for the 2020-21 and 2021-22 school years shall be and hereby is adjusted to reflect restoration of the increment previously withheld; Employee shall be permitted to utilize available sick leave through February 9, 2022; and Employee’s employment record shall be amended accordingly.
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Approvals:
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Recommended By:
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Signed By:
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Pamela Luke - Executive Legal Assistant
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Signed By:
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Brenda Liss - General Counsel
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Signed By:
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Roger León - Superintendent
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Vote Results:
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| Original Motion | Member Daniel Gonzalez Moved, Member Asia J. Norton seconded to approve the Original motion 'NOW, THEREFORE, BE IT RESOLVED that the Board hereby authorizes and approves the Separation Agreement with Employee, including terms as set forth above, and authorizes the Superintendent to execute said Separation Agreement on its behalf; and
BE IT FURTHER RESOLVED that the Board hereby accepts Employee’s retirement, effective March 1, 2022;
BE IT FURTHER RESOLVED that Employee’s salary for the 2020-21 and 2021-22 school years shall be and hereby is adjusted to reflect restoration of the increment previously withheld; Employee shall be permitted to utilize available sick leave through February 9, 2022; and Employee’s employment record shall be amended accordingly.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 7 Nay: 0. | | The motion Carried 7 - 0 | | | | | Flohisha Johnson | Yes | | Dawn Haynes | Yes | | Asia J. Norton | Yes | | Shayvonne Anderson | Yes | | A'Dorian Murray-Thomas | Yes | | Hasani Council | Yes | | Daniel Gonzalez | Yes | |
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