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    Larry Kelley
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    The Amherst Public Schools paid out $180,000 to settle the lawsuit brought by math teacher Carolyn Gardner over alleged racist incidents during the 2014 school year. Naturally the lawyers got one-third of that.

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    The Amherst Public Schools paid out $180,000 to settle the lawsuit brought by math teacher Carolyn Gardner over alleged racist incidents during the 2014 school year. Naturally the lawyers got one-third of that.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    14K views11 pages

    Carolyn Gardner $180K Agreement

    Uploaded by

    Larry Kelley
    The Amherst Public Schools paid out $180,000 to settle the lawsuit brought by math teacher Carolyn Gardner over alleged racist incidents during the 2014 school year. Naturally the lawyers got one-third of that.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 11
    SETTLEMENT AGREEMENT, GENERAL RELEASE and, COVENANT NOT TO SUE This Settlement Agreement, General Release and Covenant Not to Sue (the "Agreement") is made by and between CAROLYN GARDNER (hereinafter referred to as “GARDNER"), the AMHERST-PELHAM REGIONAL SCHOOL DISTRICT (hereinafter referred to as the “DISTRICT”) and the TOWN OF AMHERST (hereinafter referred to as the “TOWN"). The DISTRICT and TOWN are sometimes referred to herein collectively as the "RELEASEES.” WHEREAS, a dispute has arisen between GARDNER and the RELEASEES regarding the terms and conditions of GARDNER'S employment with the RELEASEES. WHEREAS, there is now pending a charge of discrimination before the Commonwealth of Massachusetts Commission Against Discrimination and the United States Equal Employment Opportunity Commission captioned Carolyn Gardner v Town of Amherst/Amherst-Pelham Regional School District, MCAD No. 14SEMO02884, EEOC No. 16C-2015-00144 (hereinafter referred to as “THE CHARGE”) brought by GARDNER against the RELEASES, of which final determinations on the merits have not been made. WHEREAS, GARDNER and the RELEASEES agree to fully settle all claims and disputes existing between them whether known or unknown; and wish to avoid the uncertainty, expenses and burden of litigation with regards to all matters or proceeding that might arise between them as a result of any actions that have occurred or may occur before the execution of this Agreement, including but not limited to GARDNER'S employment with the RELEASES. NOW, THEREFORE, in consideration of the above recitals and in further consideration of the mutual promises and forbearances anticipated hereunder and in further consideration of any sums to be paid, GARDNER and the RELEASES intending to be bound legally agree as follows: 1. This Agreement incorporates all the terms and conditions set forth in the Memorandum of Agreement executed between GARDNER and the DISTRICT on March 13, 2015, as if all such terms and conditions were fully set forth herein. (Copy of memorandum attached hereto as Exhibit A), 2. GARDNER agrees to accept the gross sum of ONE HUNDRED EIGHTY THOUSAND AND 00/100 DOLLARS ($180,000.00) (hereafter the "Settlement Proceeds”). The Settlement Proceeds will be payable in as follows: a, NINETY THOUSAND AND 00/100 DOLLARS ($90,000) paid by the DISTRICT'S insurer to GARDNER within twenty (20) days of receipt of the executed settlement documents, to be paid as compensation for personal physical injury and personal physical sickness. A Form 1099- MISC for 2015 will be issued to GARDNER for such portion of the Settlement Proceeds. b, SIXTY THOUSAND AND 00/100 DOLLARS ($60,000) paid by the DISTRICT to Sasson, Turnbull, Ryan & Hoose, LLC, no later than July 15, 2015, to be paid as compensation for attorney's fees and costs. For tax purposes, attorney's fees and costs are to be treated as proscribed by 26 U.S.C. § 62{a)(20). A Form 1099-MISC for 2015 will be issued to Sasson, Turnbull, Ryan & Hoose, LLC, for such portion of the Settlement Proceeds. ¢._ THIRTY THOUSAND AND 00/100 DOLLARS ($30,000) paid by the DISTRICT to GARDNER, no later than July 15, 2015, to be paid in lost wages, subject to all federal and state payroll taxes and withholdings. A form W-2 for 2015 will be issued to GARDNER for such portion of the Settlement Proceeds. The DISTRICT agrees to provide GARDNER with mutually agreed upon reference letter from Maria Geryk. (Copy of letter attached hereto as Exhibit B). GARDNER and the DISTRICT will issue the mutually agreed upon public statement. (Copy of statement attached hereto as Exhibit C). GARDNER hereby irrevocably resigns from employment with the RELEASES effective upon her execution of this Agreement, and has executed the irrevocable resignation letter annexed hereto as Exhibit D. GARDNER agrees not to apply in the future for any employment with the DISTRICT, or in the Amherst Public Schools or Pelham Public Schools, and should she do so this Agreement shall be grounds for refusing to consider her employment application. GARDNER hereby agrees not to sue, agrees not to make, file, pursue or institute any claims, complaints, charges, actions, lawsuits or legal proceedings of any kind, and unconditionally waives all rights of recovery against the RELEASES, including their committees, boards, departments, and present, past or future, officers, agents, employees, volunteers, appointed and elected officials, all in their individual and official capacities, and Trident Insurance, from any and all liability from any suits, demands or charges, whether in law or in equity, known or unknown, which existed or exist on or before the date this Agreement is executed, arising under federal, state or municipal constitutions, statutes, charters, regulations or law, including but not limited to: Title Vil of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; the Civil Rights Act of 1991, 42 U.S.C. § 1981a et seq.; the Americans with Disabilities Act, 42 U.S.C.§ 12101 et seq; the Rehabilitation Act of 1973, 29 US.C. § 720 et seq.; the Age Discrimination in Employment Act, 29 U.S.C. §§621 et. seq,; the Federal Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; Massachusetts General Laws Chapter 1518, Massachusetts General Laws Chapter 12, §11H & I; and any and Page 2 of 7 10, 11, all other federal, state, or local statutes or regulations, legal or equitable claims, whether under any applicable collective bargaining agreement, in contract, express or implied, constitutional, or in tort, including but not limited to tortious interference with business relations, breach of the covenant of good faith and fair dealing, civil assault, breach of contract, detrimental reliance, misrepresentation, tortious or wrongful or retaliatory discharge from employment, breach of public policy, negligence, promissory estoppel, invasion of privacy, defamation, self-defamation, tortious interference with contractual relations, intentional or negligent infliction of emotional or mental distress, other torts or any other common law claims, or for attorneys’ fees and costs. To the extent that applicable law prohibits GARDNER from waiving her rights to participate in a claim or proceeding, GARDNER agrees she is not entitled to any individual relief, including but not limited to monetary damages, with respect to any such complaint, claim or proceeding, GARDNER agrees that she will forbear from pursuing and withdraw with prejudice THE CHARGE and that each party will bear its own costs, expenses, experts’ fees and attorneys’ fees. GARDNER also agrees that she will sign and file with the Commonwealth of Massachusetts Commission Against Discrimination and the United States Equal Employment Opportunity Commission all appropriate withdrawals and/or other documents as may be required for GARDNER to withdraw, with prejudice THE CHARGE. A copy of each of these documents will be sent to Howd & Ludorf, LLC, counsel for the DISTRICT and Kopelman and Paige, P.C., counsel for the TOWN. To the extent that applicable law prohibits GARDNER from waiving her rights to participate in a claim or proceeding, GARDNER agrees she is not entitled to any individual relief, including but not limited to monetary damages, with respect to any such complaint, claim or proceeding. GARDNER agrees to keep the amount of the Settlement Proceeds confidential, except GARDNER may disclose such amount to her immediate family, counsel, financial or tax advisor and Sonji Anderson, so long as those informed agree to keep the information confidential, unless or until the amount of settlement becomes a public record. GARDNER expressly acknowledges and agrees that the consideration provided and to be provided to her by or on behalf of the RELEASES pursuant to this Agreement is sufficient consideration for her to release her claims against the RELEASEES, and is in full settlement, release, satisfaction and discharge of all of GARDNER'S claims, demands, fees, costs (including, but not limited to, attorneys! fees and related costs) and damages (including, but not limited to, back pay, front pay and wages, and compensatory, consequential, incidental, punitive and liquidated damages) relating to or arising from any claim, demand or cause of action which are or could have been alleged in THE CHARGE. GARDNER agrees that all regular wages and benefits, to which she was entitled on account of her employment or separation of that employment, in accordance with the RELEASES’ standard practices and/or obligations under law, have been fully paid to her prior to the effective date of this Agreement. GARDNER further acknowledges that the Settlement Proceeds are monies to which GARDNER is not entitled, except by virtue of Page 3 of 7 12, 13, 14, 15. 16. this Agreement, and are in addition to anything of value to which she is or would have been entitled as an employee the RELEASES. GARDNER expressly acknowledges and agrees that this Agreement, the consideration provided and to be provided pursuant to this Agreement and the execution of this Agreement by the parties is solely for the purpose of avoiding protracted and burdensome litigation and other legal proceedings, based upon disputed claims, demands, obligations or other disputed causes of action released by GARDNER herein. GARDNER further understands and agrees that this Agreement and its execution shall not be interpreted or considered as and does not constitute an admission by the RELEASEES that: THE CHARGE has any merit; they harmed, damaged, discriminated or retaliated against GARDNER in any way; they violated the RELEASES’ policies, procedures or practices; they violated any federal, state or local laws, regulations or ordinances; they engaged in wrongdoing or that they otherwise treated GARDNER unlawfully or are liable to GARDNER in any way. This Agreement shall inure to the benefit of and be binding upon GARDNER'S heirs, administrators, representatives, executors, attorneys, successors and/or assigns, and shall inure to the benefit of and be binding upon the RELEASES. GARDNER and the RELEASEES acknowledge and agree that they will make no claim or demand and hereby waive any rights they may have now or may hereafter have or claim to have, based on any alleged oral alteration, amendment, modification or other alleged change in this Agreement. GARDNER and the RELEASES all mutually agree that this Agreement represents the full and entire agreement between the parties and fully replaces and supersedes any and all prior agreements or understandings, written or oral, between them. GARDNER and the RELEASES agree and acknowledge that there is no written or oral understanding or agreements between the parties that is not recited herein, and GARDNER and the RELEASES have not relied upon any other statement or agreement in deciding to enter into this Agreement. GARDNER and the RELEASES agree that the terms of this Agreement cannot be changed or modified in any respect except in a writing signed by all parties to this Agreement. Each of the parties to this Agreement affirmatively states that such party has carefully read this Agreement; that such party has had the opportunity to have its respective attorney review this Agreement with such party, that such party has a full understanding of the contents and effect of this Agreement, and that such party has executed this Agreement voluntarily and without coercion from anyone. GARDNER acknowledges that she has not received or relied upon any tax or social benefits advice or counseling from the RELEASES, their officials, agents and employees, or their legal representatives, or Trident Insurance, in connection with any matters related to this Agreement. GARDNER agrees to assume full responsibility and liability for any and all taxes or social security payments (including any interest, penalties, deficiencies or Page 4 of 7 17, 18, 19, 20, 21. 22. costs) she may be required by law to pay with respect to the Settlement Proceeds GARDNER receives in connection with this Agreement, GARDNER affirmatively states that she has been advised to consult with an attorney in order to consider the provisions of this Agreement, and, specifically with reference to release of any and all claims under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et, seq., that GARDNER was afforded up to twenty-one (21) days to consult with an attorney and to consider this Agreement, and that if GARDNER signs the Agreement prior to the expiration of such twenty-one (21) days, GARDNER does so voluntarily and of her ‘own free will. In addition, GARDNER acknowledges that this Agreement becomes effective on the eighth (8th) day following the date she signs it (the “effective date”) and that she may revoke this Agreement at any time prior to the Effective Date by giving written notice of revocation to Maria Geryk, Superintendent, whose business address is 170 Chestnut Street, Amherst, MA 01002 to be received by 11:59 p.m. on the seventh (7th) day following the date GARDNER signs this Agreement This Agreement and the provisions contained herein shall not be construed or interpreted for or against any party to this Agreement because said party drafted or caused the party's legal representative to draft any of the provisions. GARDNER and the RELEASES agree that if any provision of this Agreement as presently written shall be construed to be illegal, invalid, or unenforceable by a court of competent jurisdiction, said illegal, invalid or unenforceable provision shall be deemed to be amended and shall be construed by the court to have the broadest scope permissible under applicable law. If no validating construction is possible, said illegal, invalid or unenforceable provision shall be severable from the rest of this Agreement, and the validity, legality or enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired. GARDNER and the RELEASEES agree that this Agreement shall be governed and interpreted by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provisions. This Agreement may be executed in counterparts that, together, shall constitute one agreement. Before signing this Agreement, GARDNER acknowledges the following: (2) She has read and understands this Agreement. (b) She is voluntarily entering into this Agreement. (0) Before executing this Agreement, she was allowed at least twenty-one (21) days to consider her rights and obligations under this Agreement. Page 5 of 7 le) (f) (e) {h) GARDNER agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any matter the original twenty- one calendar day consideration period. The period of time she had to consider her rights and obligations under this Agreement was reasonable. She was advised in writing to consult with an attorney and actually did consult with an attorney of her choosing. The general release in this Agreement constitutes a waiver of all rights and claims she may have under the Age Discrimination in Employment Act of 1964, 29 U.S.C. § 621, et seg., and the Older Worker Benefit Protection Act, 29 U.S.C. § 626 et seq. The general release contained in this Agreement does not waive any rights or claims that GARDNER may have arising after this Agreement is, executed This Agreement may be revoked by GARDNER within seven (7) calendar days after the date an which she signs it (“Revocation Period”) and understands that this Agreement is not effective, binding or enforceable until seven days have expired without GARDNER having revoked her execution of this Agreement and until the Effective Date. To revoke this Agreement, she must provide written notice of her decision to revoke the Agreement to: Maria Geryk ‘Superintendent Amherst-Pelham Regional School District/Amherst Public Schools 170 Chestnut Street Amherst, MA 01002 and shall be physically received by Maria Geryk no later than 11:59 p.m, on the seventh calendar day after GARDNER has executed this ‘Agreement. The Effective Date of the Agreement is the first calendar day following the end of the Revocation Period. GARDNER understands that, if she revokes this Agreement, she will not be entitled to the payments or other consideration set forth in this Agreement BY SIGNING THIS AGREEMENT, CAROLYN GARDNER, THE AMHERST-PELHAM REGIONAL SCHOOL DISTRICT AND THE TOWN OF AMHERST FULLY UNDERSTAND AND COMPREHEND ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THEIR WILLINGNESS TO BE BOUND. BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. Page 6 of 7 Carolyn Gardner 2? , CG 7 hela _ ap ~ors date__ $45" [us Caralfn Gardher onthis_[S" day of /Zay 2015, before me, the undersigned notary public, personally ardner, appeared Carolyn Gardner, proved to me through satisfactory evidence of identification, which were___¢rounn! Havel , to be the person whose name Is signed on the preceding or attache document ny preseee. CYNTHIA J. TURNBULL ic sacnustrs| ‘My Commission expires ‘May 22, 2020, Amherst-Pelham Regional School District y¥ An pC bate: Maria Geryk Y Superintendent $372 On this 2’ day of _pay 2015, before me, the undersigned notary public, personally appeared Maria Geryk, proved to me through satisfactory evidence of identification, which were (A Diwers bwence _, to be the person whose name is signed on the preceding or attached document in my presence. Terese Barely + a sera Town of Amherst . 5[z7 rt On this R? day of 2015, before me, the undersigned notary public, personally appeared John Musante; proved to me through satisfactory evidence of identification, which were Pecseaslly Kasia to be the person whose name is signed on the preceding or attached documentin my presence. (official signature and seal of notary) Dat Town Manager Debra AP pp-A CommiSsion

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