RETIRE
This Retirement Agreement (“Agreement”) is entered into between the GARLAND.
INDEPENDENT SCHOOL DISTRICT (“District”), an independent school district organized under
the laws of the State of Texas, and Dr. Bob Morrison (“Morrison”), an individual residing in Dallas
County, Texas (each individually the “Party” and collectively the “Parties”).
WHEREAS, Morrison is currently employed as Superintendent by the District under a Garland
Independent School District Superintendent's Employment Contract beginning February 25, 2013, as
amended (the “Contract”)
WHEREAS, the current term of the Contract shall expire on January 31, 2021;
WHEREAS, Morrison and the Board have reached a mutually acceptable agreement for
Morrison to retire and resign his position as Superintendent and as an employee of the District effective
at 11:59 p.m,, January 31, 2017;
WHEREAS, District and Morrison desire to enter into this Agreement to memorialize
Morrison's retirement from District and resolve any and all disputes and controversies between them;
and
WHEREAS, itis the desire, purpose and intention of the parties to compromise, settle, dismiss
and fully discharge the Parties from any and all claims, actions and causes of action of any nature
whatsoever related to Morrison's employment with District; and each Party's actions taken in regard
to the other Party.
For good and valuable consideration, receipt of which is hereby acknowledged, the Parties
agree as follows:
I. DEFINITIONS. The following defined terms shall have the meaning stated:
‘A. The term “claims” means any and all theories or recovery of whatsoever nature which
each Party may have asserted, or could have asserted, against the other Party, regarding any issues
related to Morrison's employment with District, whether known or now unknown, recognized by the
RETIREMENT AGI
EEMENT - Morrison Page 1 of 22law of any jurisdiction and comprehensively includes, but is not limited to, causes of action,
allegations, demands, liability, suits, charges and judgments, whether arising in equity or under the
‘common law or any contract or any statute or otherwise, including, but not limited to, any and all other
theories ever alleged, currently alleged or that might have been alleged and the facts and events giving
rise thereto that occurred or may have occurred prior to execution of this agreement. In this regard, the
term “claims” related to Morrison’s employment with District includes, but is not limited to, breach of |
‘contract, whether written or oral, claims for vacation pay, health insurance, sick pay or other employee
benefits, claims regarding the settlement negotiations, claims of harassment and/or violations of and/or
claims arising under the Civil Rights Act, 42 U.S.C. §1983, et seq. the Americans with Disabilities
‘Act Amendment Act, 42 U.S.C. §12201, et seq. CADAAA”); the Age Discrimination in Employment
‘Act of 1967, as amended, 29 U.S.C. § 621 et seq. (“ADEA”) including the Older Worker Benefits
Protection Act; Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq,; the
Texas Commission on Human Rights Act, as amended under the Texas Labor Code §21.001, et seq,
(West 2016); the Family Medical Leave Act, 29 U.S.C. §2601 (1993); the Fair Labor Standards Act,
29 U.S.C. §201 (1982); the Equal Pay Act, 29 U.S.C. §206(4) (1938); the Texas Government Code
{$554,002 (West 2016); and the Texas Election Code §276,004 (West 2016).
B. The term “damages” means any and all elements of relief or recovery of whatsoever
nature, which either Party can or could have recover(ed) from the other Party, whether known or
unknown, recognized by the law of any jurisdiction and comprehensively includes, but is not limited
to, actual, consequential, incidental and special damages of every description, such as economic loss,
property loss or personal injury; any other item of loss or injury; statutory, treble, multiple,
‘compensatory or punitive damages; damages resulting from a loss of employee benefits, vacation pay
and/or sick pay; attorneys’ fees; pre-judgment or post-judgment or other interests; equitable relief; and
expenses. The term “damages” also includes, but is not limited to, all elements of recovery or relief
RETIREMENT AGREEMENT - Morrison Page 2 of 22ever alleged, currently alleged or that might have been alleged as of the effective date of this Agreement
and the facts and events giving rise thereto
C.—The term “Morrison” means Mot ‘dually, on behalf of his heirs,
‘on, acting indi
executors, administrators, legal representatives, beneficiaries and assigns, and in all capacities in which
he has or
ight have asserted claims against District related to the incident, as defined below.
D. The term “District” means the Garland Independent School District, its Board of
Trustees
\dividually and collectively, their representatives, agents, predecessors, successors,
assigns and legal representatives, and all other persons, firms or corporations in privity
E, The terms “Party” or “Parties” mean District and Morrison.
The term “incident” means and refers to any issues related to Morrison's employment
with District; any actions taken against District by Morrison concerning Morrison's employment with
District; any actions taken by Distr
against Morrison concerning Morrison's employment with
District; any actions taken in regard to the settlement negotiations of this matter; and any matters or
incidents involving the employment relationship between Morrison and District.
Il, RELEAS!
A. Complete and General Release. SUBJECT TO, AND EXCEPTING THE OBLIGATIONS OF
‘THE PARTIES IN THIS AGREEMENT, AND EXCEPTING CLAIMS AND RIGHTS THE PARTIES CANNOT
LAWFULLY WAIVE, EACH PARTY, ON BEHALF OF THEMSELVES, THEIR HEIRS, ATTORNEYS,
EXECUTORS AND ASSIGNS, HEREBY UNCONDITIONALLY AND FOREVER RELEASES, ACQUITS, AND
DISCHARGES THE OTHER PARTY OF AND FROM ANY AND ALL CLAIMS AND FROM ANY AND ALL
DAMAGES, KNOWN OR UNKNOWN, ARISING FROM, ATTRIBUTED TO, OR RELATED TO:
MORRISON'S EMPLOYMENT WITH DISTRICT, OCCURRING THROUGH THE
DATE OF EXECUTION OF THIS AGREEMENT;
ALL ACTS OR OMISSIONS OR OTHER CONDUCT, OR THE BREACH OF ANY LEGAL,
DUTY ATTRIBUTABLE TO DISTRICT AND/OR ITS EMPLOYEES OR MORRISON REGARDING
RETIREMENT AGREEMENT - Morrison Page 3 of 22MORRISON’S EMPLOYMENT WITH DISTRICT, OCCURRING THROUGH THE DATE OF EXECUTION
OF THIS AGREEMENT;
3. ALL ALLEGATIONS EVER MADE, CURRENTLY MADE OR THAT MIGHT HAVE,
BEEN MADE BY THE PARTIES REGARDING MORRISON'S EMPLOYMENT WITH DISTRICT
‘THROUGH THE DATE OF EXECUTION OF THIS AGREEMENT, AND/OR ACTIONS DURING THE
SETTLEMENT NEGOTIATIONS OF THIS MATTER; AND
ALL CLAIMS OF DISCRIMINATION AND/OR RETALIATION REGARDING
MORRISON'S EMPLOYMENT WITH DISTRICT ARISING THROUGH THE DATE OF EXECUTION OF
‘THIS AGREEMENT.
Release of ADEA Claims: MORRISON, BY INITIALS BELOW, KNOWINGLY AND
VOLUNTARILY, UNCONDITIONALLY, AND FOREVER RELEASES, ACQUITS, AND EXCEPTING CLAIMS AND
RIGHTS MORRISON CANNOT LAWFULLY WAIVE, DISCHARGES DISTRICT OF AND FROM ANY AND ALL,
CLAIMS AND FROM ANY AND ALL DAMAGES ARISING FROM CLAIMS RELATED TO MORRISON'S
EMPLOYMENT WITH DISTRICT, KNOWN OR UNKNOWN UP TO AND INCLUDING THE DATE OF
EXECUTION OF THIS AGREEMENT UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT
(“ADEA”) as rottows: (PLEASE INITIAL)
MORRISON UNDERSTANDS THE TERMS OF THIS AGREEMENT, SPECIFICALLY
‘THAT THE TERMS INCLUDE A RELEASE OF CLAIMS OF AGE DISCRIMINATION
UNDER THE ADEA,
MORRISON RELEASES ALL CLAIMS ARISING UP TO, AND INCLUDING, THE DATE,
OF EXECUTION OF THIS AGREEMENT,
MORRISON ACKNOWLEDGES RECEIPT OF VALUABLE CONSIDERATION,
GREATER THAN ANYTHING MORRISON IS CURRENTLY ENTITLED TO, IN
EXCHANGE FOR HIS RELEASE IN THIS AGREEMENT.
MORRISON HAS BEEN ADVISED TO CONSULT WITH AN ATTORNEY BEFORE
SIGNING THIS AGREEMENT.
MORRISON HAS BEEN ADVISED AND UNDERSTANDS THAT HE HAS AT LEAST 21
DAYS TO CONSIDER THIS AGREEMENT AND MORRISON WAIVES THIS 21 DAY
PERIOD.
@D Morrison itAs BEEN NOTIFIED THAT HE HAS 7 DAYS IN WHICH TO REVOKE
‘THIS AGREEMENT AFTER IT IS SIGNED.
RETIREMENT AGREEMENT - Morrison Page 4 0f 22C. FOR THE CONSIDERATION PAID BY THE DisTRICT, MORRISON'S RELEASES HEREIN
INCLUDE, THE DISTRICT, AS DEFINED HEREIN, AND ITS EMPLOYEES.
D. MORRISON, IN EXCHANGE FOR THE CONSIDERATION PROVIDED HEREIN, WILL
EXECUTE A SUPPLEMENTAL RELEASE CONSISTENT WITH THE RELEASE HEREIN ON JANUARY 31, 2017
RELEASING ANY CLAIMS THROUGH JANUARY 31, 2017. MORRISON'S RELEASES HEREIN SHALL BE
EFFECTIVE UPON THE FULL AND COMPLETE PERFORMANCE OF DISTRICT WITH THE TERMS AND
CONDITIONS CONTAINED IN THIS AGREEMENT.
Ill. COVENANT NOT TOS!
SUBJECT TO THE PERFORMANCE OF THIS AGREEMENT, EACH
PARTY AGREES AND COVENANTS, EXCEPTING CLAIMS AND RIGHTS THE PARTY CANNOT LAWFULLY
WAIVE, NOT TO SUE OR PROSECUTE THE OTHER PARTY ON ANY CLAIMS, OR FOR ANY DAMAGES,
COMING WITHIN THE RELEASE STATED ABOVE. FURTHERMORE, THE DISTRICT COVENANTS AND
AGREES NOT TO RAISE, PROSECUTE, OR PARTICIPATE IN ANY GRIEVANCE, COMPLAINT, OR OTHER
CLAIM AGAINST MORRISON COMING WITHIN THE RELEASE STATED ABOVE, AND WILL TAKE SUCH
ACTION OR ACTIONS AS MAY DE NECESSARY OR REQUIRED TO WITHDRAW OR DISMISS WITH
PREJUDICE ANY SUCH GRIEVANCE, COMPLAINT, OR CLAIM RAISED BY THE DISTRICT, EXCLUDING,
HOWEVER, THOSE CLAIMS OR ANY CAUSES OF ACTION WIERE IT IS DETERMINED THAT MORRISON
COMMITTED AN ACT REQUIRING MANDATORY REPORTING TO THE STATE BOARD FOR EDUCATOR
CERTIFICATION, CRIMINAL ACT, OFFICIAL MISCONDUCT, OR COMMITTED A WILLFUL OR WRONGFUL
ACT OR OMISSION, OR AN ACT OR OMISSION CONSTITUTING GROSS NEGLIGENCE, OR ACTED IN BAD
FAITH, WETIL CONSCIOUS INDIFFERENCE OR RECKLESS DISREGARD, “ADMINISTRATIVE
PROCEEDING”, AS USED IN THIS AGREEMENT, INCLUDES, BY WAY OF EXAMPLE, BUT NOT BY WAY OF
LIMITATION, ANY HEARING OR APPEAL BEFORE THE DISTRICT'S BOARD OF TRUSTEES, OR BEFORE
‘THE STATE BOARD FOR EDUCATOR CERTIFICATION, OR BEFORE THE STATE BOARD OF EDUCATION,
(OR BEFORE THE TEXAS EDUCATION AGENCY UNDER THE TEXAS EDUCATION CODE.
RETIREMENT AGREEMENT Morrison Page 5 of 22Vv.
Section VI. Of this Agreement is consideration for the
Parties’ execution of this Agreement. ‘The consideration under this Agreement is not something to
which the Parties are indisputably entitled, and is agreed to by or on behalf of the Parties in full
satisfaction of all claims and damages allegedly accruing to the parties.
B. The Parties are authorized to sign this Agreement.
C. The Parties own 100% of the claims and damages released by this Agreement and no
other person or entity owns any interest therein by assignment or subrogation or otherwise.
D. The Parties have not in any way assigned or otherwise transferred to any person or
entity any interest in the damages and claims released by this Agreement,
E. The Parties presently possess the exclusive right to receive all of the consideration,
in this Agreement.
F. By entering into this Agreement, the Parties acknowledge that:
1, Each of the Parties denies any liabi
2. The Parties do not admit to any unlawful or tortious conduct or any other
‘wrongdoing in connection with the subject matter of this Agreement;
3. The Parties have entered into this Agreement willingly for the sole purposé of
avoiding further cost and expense associated with the instant matter; and
4, The Parties agree that neither this Agreement nor any action or acts taken in
connection with this Agreement nor pursuant to it, will constitute an admission or any evidence
of unlawful or tortious or improper acts at any time by the Parties against one another.
V. AGREEMENTS AND CONSIDERATION AGREED TO BY THE PARTIES.
‘A. Upon execution of this Agreement, Morrison agrees as follows:
1. Morrison agrees to submit his retirement and resignation from employment
with the District on the date of execution of this Agreement, effective January 31, 2017
RETIREMENT AGREEMENT - Morrison Page 6 of 22(the “Resignation Effective Date”). Morrison’s resignation letter shall be submitted to the
District at the specially called board meeting of December 20, 2016. See Exhibit “1”
which is attached hereto and incorporated herein by reference, Morrison’s resignation is
final and imevocable upon acceptance by the District, execution of the Agreement and full
and complete performance of District with the terms and conditions contained in this
Agreement, Morrison will be on Board-approved leave with pay from the date of execution
of this Agreement through the Resignation Effective Date. Notwithstanding anything to
the contrary contained herein, Morrison shall be paid his full salary and benefits according
to the terms stated in his Contract through the Resignation Effective Date,
2. EXCEPTING CLAIMS AND RIGHTS MORRISON CANNOT LAWFULLY WAIVE,
UPON THE FULL AND COMPLETE PERFORMANCE OF DisTRICT WITH THE TERMS AND
CONDITIONS CONTAINED IN THIS AGREEMENT, MORRISON AGREES TO THE FULL RELEASE.
AND WAIVER OF CLAIMS AND DAMAGES CONTAINED NEI
IN AS CONSIDERATION FOR HIS
AGREEMENT.
3. Morrison will not apply for employment with the District, including
substitute positions, private lesson instruction, at-will employment, or any other type of
employment resulting in access to District facilities from the Effective Date of his
resignation forward. In the event Morrison reapplies and is hired and/or violates this
provision, Morrison agrees that the contract issued will be void and Morrison will agree to
indemnify the District for any attorneys’ fees or other costs incurred as a result of
challenging future employment with the District and/or enforcing this provision or at-will
employment, from the date of execution of this Agreement forward.
4, Morrison will make his best efforts to agree to a mutually approved joint
press release regarding his rctirement and resignation.
RETIREMENT AGREEMENT - Morrison Page 7 of 22,5. After Resignation Effective Date, Morrison agrees to provide assistance to
and cooperate with the District, its Trustees, agents, and attorneys in response to, or in
defense of, any demand, claim, complaint, suit, action or legal proceeding brought against
the District, its Trustees, or agents, arising from any acts or events alleged to have occurred
during the term of Morrison's employment with the District, at no additional expense to
the District other than reimbursement to Morrison for his documented reasonable and
necessary out-of-pocket expenses, plus reimbursement of any salary lost by Morrison by
virtue of his taking time off from his then current employment to assist the District at its
request. If Morrison is not employed at the time, the District shall compensate him at
Morrison’s daily rate of pay, calculated by dividing his salary under section 3.1 of the
Contract by 226. Requests for assistance from Morrison with respect to such matters shall
be made through the Board of Trustees’ President, any successor Superintendent, and/or
legal counsel for the District, and the amount to be reimbursed to Mortison shall be
mutually agreed upon in advance.
6. On or before 5:00 p.m., December 31, 2016, Morrison shall return to
District all keys, cell phones, computers, credit cards, if any, and other property, if any, of
the District in Morrison’s possession as it relates to Morrison's employment as the
Superintendent of the District,
7, Ata time to be mutvally agreed upon by and between Morrison and the
District, but in any event no later than 5:00 p.m., December 31, 2016, Morrison shall
remove his personal effects and property from the Superintendent's office.
B. _ Upon execution of this Agreement, District agrees as follows:
1, By executing this Agreement, District agrees to accept Morrison’s
retirement and resignation on the date of execution of this Agreement, effective on the
RETIREMENT AGREEMENT - Morrison Page 8 of 22Resignation Effective Date. Morrison will be on Board-approved leave with pay from the
date of execution of this Agreement until the Resignation Effective Date. Morrison shall
be paid his full salary and benefits according to the terms stated in his Contract through the
Resignation Effective Date Morrison’s resignation is final and irrevocable upon
acceptance by the District, execution of the Agreement and full and complete performance
of District with the terms and conditions contained in this Agreement.
2. In consideration of Morrison voluntarily resigning his position as
Superintendent of the District, the District shall pay Mortison, the sum of FOUR
HUNDRED FORTY-EIGHT THOUSAND ONE HUNDRED FIFTEEN AND 17/100
DOLLARS ($448,115.17) (“Total Settlement Payment”), representing one year’s salary
and benefits pursuant to the Contract and an amount for Morrison to purchase out-of-state
service years for retirement purposes. The Total Settlement Payment shall be paid as
follows:
a On or before January 31, 2017, TWO HUNDRED FORTY-EIGHT
THOUSAND ONE HUNDRED FIFTEEN AND 17/100 DOLLARS
($248,115.17) paid jointly to Morrison and Adams, Lynch, & Loftin, P.C., and
delivered to the law offices of Adams, Lynch & Loftin, P.C, 3950 Highway
360, Grapevine, Texas, 76051; The District shall withhold applicable state and
federal deductions from this portion of the Total Settlement Payment, but shall
not withhold any payments to the Teachers Retirement System from the Total
Settlement Payment.
b. TWO HUNDRED THOUSAND AND NO0/100 DOLLARS ($200,000.00) to
be paid as follo
RETIREMENT AGREEMENT - Morrison Page 9 of 22Timing of Payments
‘Must be made on
this date or as soon
Must be made on. thereafter as
Payments or before this date | administratively
feasible — but not
before this date
123116 WAT TOTAL,
Garland ISD
Employer Paid $53,000.00 $46,000.00 $99,000.00
403(b) Plan
Garland ISD
401(a) Plan* $53,000.00 $0,000.00 $53,000.00
Garland ISD
457(b) Plan $24,000.00 $24,000.00 $48,000.00
Subtotal $130,000.00 $70,000.00 $200,000.00
“The District shall fund the two existing supplemental retirement plans of the
District to which the amounts shall be contributed as specified above for the
Employer Paid 403(b) Plan and the Voluntary 457(b) Plan (the “Current Plans”).
The District shall establish a Plan under Section 401(a) of the Intemal Revenue
Code, as amended (the Code”) by signing an interlocal agreement under Texas law
to establish such a plan under the Teacher/Employee Recruitment and Retention
Program with Education Service Center Region 10 (“401(a) Plan”), authorizing
appropriate administrator(s) of the District to sign any other documents needed to
establish the 401(a) Plan and fund the contributions to this plan as specified above.
The District and Superintendent agree to execute any and all forms, documents
and/or elections necessary to implement the contributions to the Current Plans and
401(a) Plan as provided herein. The District and Superintendent acknowledge that
the Employer Paid 403(b) Plan and the 401(a) Plan shall be non-elective, and the
RETIREMENT AGREEMENT - Morrison Page 10 0f22Superintendent shall not have any right to receive contributions specified herein in
cash, The Current Plans and 401(a) Plan shall provide that the contributions made
to each plan and all earnings thereon shall be fully vested in the Superintendent at
all times. The funds for the Current Plans and 401 (a) Plan shall be invested in such
investment vehicles as are allowable under the Code for the applicable types of
plans, Texas law and the terms of the Current Plans and 401(a) Plan, and such
investment vehicles shall be determined solely by the Superintendent. Morrison
shall pay any taxes lawfully due on these payments, if any.
3. The District shall refer inquiries regarding Morrison to the then acting
Superintendent who will provide the mutually agreed reference letter attached as Exhibit
“3", Nothing in this Agreement should be construed to prevent Morrison from requesting
personal reference, oral or written, from a District employee or Trustee, in their personal
and individual capacity, or to prevent such District employee or Trustee from providing
such a personal reference to Morrison,
4, Notwithstanding anything to the contrary herein, the District and Morrison
expressly covenant and agree not to make disparaging remarks about the other party(ies),
their agents, representatives, attorneys or assigns to this Agreement, The parties agree to
issue ajoint public statement, which is attached hereto and incorporated herein by reference
as Exhibit “2”.
5. Totheextent it may be permitted to do so by applicable law as of December
20, 2016, the District does hereby agree to defend, hold harmless, and indemnify Morrison,
from any and all demands, claims, including but not limited to suits, actions, judgments,
expenses and attomeys’ fees incurred in any legal proceedings or administrative
proceedings currently pending or subsequently hereto brought against Morrison in his,
RETIREMENT AGREEMENT- Morrison Page 11 of 22individual capacity or his official capacity as an employee and as Superintendent of the
District, providing the incident(s) which is (are) the basis of any claim or lawsuit arose or
does arise in the future while Morrison, as Superintendent and as an employee of the
District, was acting within the scope of Mortison’s employment with the District;
excluding, however, those claims or any causes of action where it is determined that
Morrison committed an act requiring a mandatory report to the State Board for Educator
Certification, criminal act, official misconduct, or committed a willful or wrongful act or
omission, or an act or omission constituting gross negligence, or acted in bad faith, with
conscious indifference or reckless disregard; and excluding any costs, fees, expenses or
damages that would be recoverable or payable under an insurance contract, held either by
the District or by Morrison, The selection of Morrison's legal counsel shall be made with
the mutual agreement of Morrison and the District, which agreement will not be
unreasonably withheld by either party. A legal defense may be provided through insurance
coverage. The District shall continue to provide insurance coverage to protect the
Superintendent from any and all demands, claims, suits, actions, judgments, expenses and
attorney's fees incurred in any legal proceeding brought against the Superintendent in his
individual capacity or official capactiy in accordance with section 2.6 of the Contract.
6. Notwithstanding anything herein to the contrary, if the District fails to
timely make the Total Settlement Payment in the manner as specifically set forth herein,
Morrison may, subject to the District's right to raise any objections, be entitled to recover
from the District any and all reasonable costs, expenses and attorney’s fees incurred by
Morrison to enforce the provisions of the Agreement regarding the Total Settlement
Payment, as awarded by a court of competent jurisdiction, in addition to any other relief
Morrison shall be entitled to recover.
RETIREMENT AGREEMENT - Morrison Page 12 of 22VII, MISCELLANEOUS PROVISIONS.
A. Acknowledgment of Release of All Claims. Morrison and District understand and
expressly agree that excepting claims and rights the Parties cannot lawfully waive, this Agreement
extends to all of the Parties’ claims as defined herein through the date of execution of this Agreement,
and that all such claims are hereby expressly settled or waived as set forth in the Agreement, The
Parties intend for this release to be construed as broadly as possible. Each party acknowledges
and represents that they are knowledgeable in the business matters that are the subject of this
Agreement,
B. Costs and Attomeys’ Fees. Each Party shall bear his or its own costs and attomeys"
fees in connection with the instant matter. Each Party agrees that it was represented by legal counsel
or that it voluntarily chose not to seek legal counsel,
C. Modification. This Agreement cannot be altered, amended or modified in any respect,
‘except by a writing duly executed by the party against whom the alteration, amendment or modification
is charged. All prior agreements, understandings, oral agreements and writings are expressly
superseded hereby and are of no further force or effect. The Parties agree that each Party has relied
on its/his own judgment in executing this Agreement and that itfhe has not relied on the statements
and representations of the other Party.
D. Construction of Terms. This Agreement shall be deemed drafted equally by all Pa
hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair
‘meaning, and any presumption or principle that the language herein is to be construed against any Party
shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended
to be used in construing this document.
E. Severability. ‘The provisions of this Agreement are severable. If a court of competent
jurisdiction rules that any portion of this Agreement is invalid or unenforceable, the court’s ruling will
not affect the validity and enforceability of other provisions of this Agreement.
RETIREMENT AGREEMENT - Morrison Page 13 of 22F.— Revocat
. For a period of seven (7) days following the execution of this Agreement,
beginning on the next calendar day following its execution (the “Revocation Period”), Morrison may
revoke this Agreement, and it will not become effective until the Revocation Period has expired (the
“Effective Date”). Notice of Revocation shall be made in writing to the Board President for District,
prior to the expiration of the Revocation Period. This Agreement will become effective, and Morrison
will have forever waived his rights and abilities to revoke it after the expiration of the Revocation
Period, without revocation (the “Effective Date”). In the event of revocation, the Release contained in
this Agreement shall be null and void, and all consideration offered by the District shall be immediately
rescinded.
G. Remedies for Breach, In the event of a breach of this Agreement, the Parties shall have
all remedies available at law or in equity. Ifa party is adjudicated to be in breach of this Agreement,
the confidentiality provisions of this Agreement shall become null and void. This Agreement shall
be interpreted under the laws of the State of Texas. Venue, in the event of suit, shall be in the court of
appropriate jurisdiction in Dallas County, Texas
H. — Acknowledgments. The Parties further acknowledge that they have carefully read this
Agreement, that they have consulted with their attorneys prior to executing this Agreement, that they
have had an opportunity for review of it by their attorneys, that they fully understand its final and
binding effect, that the only promises made to them to sign this Agreement are those stated above and
that they are signing this Agreement voluntarily. The Parties also acknowledge that signatures
obtained via e-mail, scan, or facsimile are sufficient to execute this Agreement. The Parties agree that
‘an electronic signature is the legally binding equivalent to a handwritten signature, and has the same
validity and meaning as a handwritten signature,
1. The President of the Board of Trustees has been authorized to execute the Agreement
con behalf of the District by action ofa majority of a quorum of the Trustees present at a properly called
and posted meeting on December 20, 2016.
RETIREMENT AGREEMENT - Morrison Page 14 of 22‘Ms. Linda Griffin
Board of Trustees, Presideht
Garland Independent School District
pa: [Rf 25 [Pog
RETIREMENT AGREEMENT - Morrison Page 15 of 22ACKNOWLEDGMENT
‘The above and fore; sigg Setement Agreement and Release was acknowledged before me by
Mr. Bob Morrison on this lay of December, 2016.
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Nofary Public in and for the
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ACKNOWLEDGMENT
The above and foregoing Settlement Agreement and Release was acknowledged before me by
da Griffin, a duly authorized representative of the Garland Independent School District, this
yy of December, 2016.
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RETIREMENT AGREEMENT- Morrison Page 16 of 22|
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Flare to
agateEXHIBIT 1
Resignation letter
RETIREMENT AGREEMENT - Morrison Page 17 of 22December 20, 2016
Dear Garland ISD Board of Trustees:
Please accept this letter as my formal resignation as the Garland ISD Superintendent, effective January
31, 2017, subject to the terms of that Retirement Agreement between the District and Me dated
December 20, 2017. My plan is to retire, and I look forward to the future opportunities that this
decision will provide.
It has been my pleasure to serve this Board and this district, as we worked together for the benefit of
our kids and our communities. I am proud of what we have accomplished.
(Over the past four years of my tenure, with your support, Garland ISD has made significant progress
in preparing students to be college and career ready, in addition to implementing systems and programs
to help us reach the goal of empowering all learners.
Together, with a highly dedicated staff and community, we created a five-year strategic plan that
close to completion and passed a record-setting bond. This work resulted in improved, modern learning
environments for students, increased partnerships, professional development for staff, expanded
magnet choices and enrichment, updated technology and renovations to ensure safer schools, as well
‘as a new career and technical center.
‘Together, we have removed barriers to college by providing tutorials, resources, incentives and
financial support by paying testing fees for PSAT, SAT, AP and IB exams. As a result, Advancement
Placement enrollment and test participation have increased dramatically. We have also implemented a
strong intervention program to ensure we close gaps so that every child has equal access to college and
career pathways,
believe the district is in an excellent position for continued growth and future progress in all areas as
a result of our combined efforts and vision.
‘Thank you forall you have done for my family and for me. | wish each of you the best as you steer the
district toward an even brighter future.
With sincere gratitude,
Bob Morrison, Ed.D.
RETIREMENT AGREEMENT - Morrison Page 18 of 22EXHIBIT 2
JOINT PRESS RELEASE
RETIREMENT AGREEMENT - Morrison Page 19 of 22GARLAND INDEPENDENT SCHOOL DISTRICT JOINT STATEMENT OF THE
BOARD OF TRUSTEES AND BOB MORRISON
Bob Morrison has announced his retirement and resignation as Superintendent of Schools for
the Garland Independent School District. An Agreement has been reached which allows Dr.
Morrison the ability to pursue other interests and permits the Board to pursue hiring another
Superintendent. The Board and Dr. Morrison have entered into the Agreement believing itis
in their respective best interests and in the best interests ofthe District.
On behalf of the entire District, the Board of Trustees expresses its sincere appreciation to Dr.
Morrison for his efforts while serving as Superintendent of this great school district and its
wonderful students, parents and administrators, and for the many achievements and
accomplishments of the entire District team during Dr. Morrison's tenure as Superintendent,
Dr. Morrison thanks the present and past Board of Trustees for providing him with the
opportunity to serve in the Garland Independent School District. A school district is measured
by the commitment of the Board, staff and community to its children and their achievement,
This District is indeed so committed. Dr. Morrison would like to express his heartfelt
appreciation to the staff and community for their support of the District’s programs and services
during his term as Superintendent.
Success requires hard work, dedication, leadership and vision. The Board and Dr. Morrison
wish to acknowledge and recognize the teachers, principals, administrators, staff, students,
parents and patrons who have all contributed to the District's success.
‘The Board extends its best wishes to Dr. Morrison in his future endeavors. On its part, the
Board will appoint an Interim and soon begin its search for a new Superintendent as not to
disrupt the District's operations.
RETIREMENT AGREEMENT - Morrison Page 20 of 22EXHIBIT 3
REFERENCE LETTER,
RETIREMENT AGREEMENT - Morrison Page 21 of 22,GARLAND
) BOARD OF TRUSTEES
December 20, 2016
‘To Whom It May Concern:
Please allow this letter to serve as a reference for Dr. Bob Morrison, As Board President, I have
worked with Dr, Morrison in the Garland Independent School District since 2013. Dr. Morrison
has exhibited commitment and dedication to the Garland ISD vision and goals. He is a servant
leader supportive of rigorous student learning and quality teacher development,
Dr. Morrison has had to face obstacles from day one in the school district and has worked diligently
to transform the culture and direction of the school district, During his tenure in the school district,
Dr. Morrison has admirably provided his leadership to the District under increasingly difficult
economic circumstances while maintaining qualified staff and quality instructional programs and
initiatives.
Dr. Morrison possesses a hard work ethic. He thrives on being a “change agent” for positive
improvement. He exhibits great vision and believes in building the capacity of all school district
team members.
On behalf of the entire District, the Board of Trustees expresses its sincere appreciation to Dr,
Morrison for his efforts while serving as Superintendent of this great school district and its
wonderful students, parents and administrators, and for the many achievements and
accomplishments of the entire District team during Dr, Morrison’s tenure as Superintendent,
‘The Board extends its best wishes to Dr. Morrison in his future endeavors.
Sincerely,
and Independent School District Board President
RETIREMENT AGREEMENT Morrison Page 22 of 22