VOLUNTARY SEPARATION AGREEMENT AND RELEASE

STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF MIDLAND §

THIS VOLUNTARY SEPARATION AGREEMENT (“Agreement”) is made by and between

the MIDLAND INDEPENDENT SCHOOL DISTRICT (“District”), a political subdivision of the

State of Texas, acting by and through its Board of Trustees (“Board”) and ORLANDO RIDDICK

(“Riddick”). The Agreement is the final agreement between the District and Riddick, and, except as

stated and subject to terms in paragraph 11.7 of the Contact (defined below) that survive termination

of the Contract, it controls the contractual employment relationship between the parties hereto after

the date of the Agreement.

WHEREAS, Riddick is currently employed as Superintendent by the District under a Midland

Independent School District Superintendent’s Employment Contract beginning July 1, 2019 (the

“Contract”); and

WHEREAS, the current term of the Contract shall expire on June 30, 2023; and

WHEREAS, Riddick and the Board have reached a mutually acceptable agreement for

Riddick to resign his position as Superintendent of the District effective at 5:00 p.m., October 12,

2020; and

WHEREAS, it is strictly the voluntary act of Riddick to voluntarily resign his employment as

Superintendent of the District because Riddick believes it will be in his best interest and that of the

District to voluntarily resign his position as Superintendent of the District effective at 5:00 p.m.,

October 12, 2020.

W I T N E S S E T H:

NOW, THEREFORE, in consideration of the recitals, terms, conditions and mutual covenants

herein, the parties hereto do hereby agree as follows:

VOLUNTARY SEPARATION AGREEMENT PAGE 1
 1. Through execution of this Agreement, the Board hereby reinstates Riddick from

Administrative Leave and rescinds both the Board’s action to propose termination of Riddick’s

Contract taken at the August 25, 2020 meeting and the Board’s Notice of Proposed Contract

Termination dated September 1, 2020.

2. Riddick does hereby voluntarily submit his resignation as the Superintendent effective

at 5:00 p.m., October 12, 2020, and the Trustees do hereby accept his resignation as Superintendent

effective at 5:00 p.m., October 12, 2020. Riddick’s resignation letter, attached hereto and

incorporated herein by reference as Exhibit “A,” shall be submitted to the Trustees at the specially

called board meeting of October 12, 2020. Notwithstanding anything to the contrary contained herein,

Riddick shall be paid his full salary and benefits according to the terms stated in his Contract through

October 12, 2020.

3. In consideration of Riddick voluntarily resigning his position as Superintendent of the

District, the District shall pay Riddick, , the sum of Seventy Thousand and NO/100 Dollars

($70,000.00) (“Total Settlement Payment”). The Total Settlement Payment shall be paid to Riddick,

and delivered to the law offices of Adams, Lynch & Loftin, P.C., 3950 Highway 360, Grapevine,

Texas, 76051, on or before October 14, 2020.

4. The District shall withhold applicable state and federal deductions, but shall not

withhold any payments to the Teachers Retirement System from the Total Settlement Payment.

5. 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, Riddick shall be entitled

to recover from the District any and all reasonable costs, expenses and attorney’s fees incurred by

Riddick to enforce the provisions of the Agreement regarding the Total Settlement Payment, in

addition to any other relief Riddick shall be entitled to recover.

6. On or before 12:00 p.m., October 12, 2020, Riddick shall return to District all keys,

cell phones, computers, credit cards, if any, and other property, if any, of the District in Riddick’s

VOLUNTARY SEPARATION AGREEMENT PAGE 2

possession as it relates to Riddick’s employment as the Superintendent of the District; provided that

the District agrees that Riddick may keep the MacBook (laptop) provided by the District as his

personal property. District agrees to take any and all measures necessary to convey the laptop to

Riddick. Riddick agrees to reasonably cooperate with the District to allow the District to obtain any

District information on the laptop.

7. At a time to be mutually agreed upon by and between Riddick and the District, but in

any event no later than 5:00 p.m., October 12, 2020, Riddick shall remove his personal effects and

property from the Superintendent's office.

8. The District and Riddick do hereby agree to be responsible for and pay for each of

their respective attorneys' fees incurred by the District and Riddick in connection with the negotiation

of this Agreement.

9. For valuable consideration, the receipt of which is hereby acknowledged, Riddick, to

the fullest extent permitted by law, releases and discharges Midland ISD, its past, present, and future

trustees, employees, representatives, and assigns, all both in their individual and in their official

capacities, from all claims, causes of action, rights and obligations arising under common law or

under federal or state constitutions or laws and relating to, arising out of or regarding any acts or

events occurring before the date of execution of this Agreement by Riddick.

10. Riddick further agrees, to the fullest extent permitted by law, to refrain from

instituting, prosecuting, pressing, or in any way aiding in the institution or prosecution of any lawsuit,

claim, action, grievance, appeal or administrative proceeding against Midland ISD, its past, present

and future trustees, employees, representatives, and assigns, both in either their individual or in their

official capacities, for any claim or cause of action regarding, relating to or arising from any acts or

events occurring before the date of execution of this Agreement by Riddick. It is the express and

unequivocal intent of Riddick to release, to the fullest extent permitted by law all claims of any kind

or character whatsoever that Riddick has or might have against Midland ISD, its employees, agents,

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trustees or representatives, whether current or former, all both in their official and in their individual

capacities, up to and including the date of Riddick’s execution of this Agreement. The Parties

expressly agree that nothing in this Agreement prohibits Riddick from filing an administrative charge

or complaint with the EEOC, or from participating in or assisting the EEOC in the investigation or

processing of any such administrative charge. However, in the event Riddick files or in any way

participates in any charge, complaint, administrative investigation or administrative proceeding,

Riddick hereby waives and releases Riddick’s right to recover monetary damages in any charge,

complaint, administrative proceeding or lawsuit filed by Riddick or by any person or entity on

Riddick’s behalf.

11. In the event Riddick violates the terms of the waivers, releases and discharges

contained in this Agreement, then Riddick shall defend, hold harmless and indemnify Midland ISD,

its past, present and future trustees, employees, representatives, and assigns, all in both their

individual and in their official capacities, from all demands, claims, suits, actions, judgments,

expenses and attorneys’ fees incurred in any legal or administrative proceedings brought by, through,

under, or in the name of, or on behalf of Riddick arising from or in any way related to any released

claim or cause of action regarding, relating to or arising from any acts or events occurring before the

Effective date of execution of this Agreement, including but not limited to any and all costs incurred

to defend against any such released claims, charges, administrative proceedings or suits brought by,

through, under, or in the name of Riddick.

12. The Board, individually and collectively, do hereby agree that each of them shall refer

any third party inquiries regarding Riddick’s employment as an employee of the District and as the

Superintendent of the District to the Agreement through the Board President. The parties agree to

issue a joint public statement attached hereto and incorporated herein by reference as Exhibit “B.”

Nothing in this Agreement should be construed to prevent Riddick from requesting a personal

reference, oral or written, from a District employee or Trustee, in their personal and individual

VOLUNTARY SEPARATION AGREEMENT PAGE 4

capacity, or to prevent such District employee or Trustee from providing such a personal reference to

Riddick.

13. The Agreement constitutes the entirety of the understanding between all the parties

hereto. The Agreement shall be binding upon all the parties hereto, their respective heirs, executors,

administrators, successors and assigns.

14. The Agreement is hereby deemed performable entirely in Midland County, Texas, and

shall be governed, construed and enforced in accordance with and subject to the laws of the State of

Texas. Mandatory and exclusive venue for any lawsuit or adjudicative proceeding brought by either

party to the contract shall be in Midland County, Texas.

15. The Agreement may be executed in a number of identical counterparts, each of which

shall be deemed an original for all purposes and all of which shall constitute one document. All the

parties hereto further agree that they shall execute any and all documents necessary to affect the intent

and purposes of the Agreement. Further, except as set forth and subject to terms in paragraph 11.7 of

the Contract that survive termination of the Contract, the Agreement supersedes any and all prior oral

or written agreements, arrangements, employment contracts, or understandings between the parties.

The Agreement may be modified or terminated only in writing, executed by all the parties hereto.

16. The Board of Trustees have been authorized to execute the Agreement on behalf of

the District by action of a majority of a quorum of the Trustees present at a properly called and posted

meeting on October 12, 2020.

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 IN WITNESS WHEREOF, all the parties hereto have executed the Agreement in multiple

originals to be effective from and after October 12, 2020.

MIDLAND INDEPENDENT SCHOOL DISTRICT

RICK DAVIS, President

Board of Trustees
Midland Independent School District

SUPERINTENDENT

_____________________________________
ORLANDO RIDDICK, Superintendent
Midland Independent School District

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 EXHIBIT “A”

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 MIDLAND ISD BOARD OF TRUSTEES

October 12, 2020

Rick Davis, President

Board of Trustees
Midland Independent School District

Dear Mr. Davis:

I hereby submit my resignation as an employee and as Superintendent of the Midland Independent

School District, to be effective 5:00 p.m. October 12, 2020.

My resignation as the Superintendent and an employee of the Midland Independent School District
is tendered, subject to, and in accordance with, the terms, conditions and provisions of that certain
Voluntary Separation Agreement between the Midland Independent School District and me effective
the 12th day of October, 2020.

Sincerely,

_______________________
ORLANDO RIDDICK, Superintendent

VOLUNTARY SEPARATION AGREEMENT PAGE 8

 EXHIBIT “B”

VOLUNTARY SEPARATION AGREEMENT PAGE 9

MIDLAND INDEPENDENT SCHOOL DISTRICT JOINT STATEMENT OF THE BOARD
OF TRUSTEES AND ORLANDO RIDDICK

Orlando Riddick has announced his resignation as Superintendent of Schools for the Midland
Independent School District. An Agreement has been reached which allows Mr. Riddick the ability
to pursue other interests and permits the Board to pursue hiring another Superintendent. The Board
and Mr. Riddick have entered into the Agreement believing it is in their respective best interests and
in the best interests of the District.

Mr. Riddick 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.

The Board extends its best wishes to Mr. Riddick in his future endeavors. On its part, the Board will
soon begin its search for a new Superintendent as not to disrupt the District’s operations.

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