GLOBAL SETTLEMENT AGREEME! ‘This Agreement ("Agreement") is made by and between the Board of Education ("Board") for the City School District of the City of Buffalo (the "District") and Crystal Boling-Barton ("Mrs. Barton”), collectively referred to herein as the "Parties." For purposes of this Agreement the word "District" shall mean the Buffalo City School District, including its members, officers, employees, agents, attorneys and independent contractors, both in their official capacity and individually; the Board of Education of the Buffalo City Schoo! District, its members, individually and in their official capacities, its officers, employees, agents attorneys and/or independent contractors. WITNESETH THAT: WHEREAS Mrs. Barton is a tenured Principal employed by the District has been on paid administrative leave since May 11, 2017 to the present; and WHEREAS, District Superintendent Kriner Cash preferred charges in a Statement of Charges dated November 21, 2019, against Respondent pursuant to New York State Education Law §3020-a; Mrs. Barton denied any wrongdoing or improper conduct and requested a hearing on the charges; and WHEREAS, BCSA has filed and has a pending BCSA Union Grievances relative to allegations of owed extra-activity payments owed to Mrs. Barton during the period of her administrative leave; and WHEREAS, Mrs. Barton filed and has pending an Article 78 Special Proceeding; and WHEREAS, Mrs, Barton has filed and has pending a New York State Division of Human Rights Action that isin the course of a continued hearing and is represented by Lindy Korn WHEREAS, the parties have now agreed to the terms of resolution of this matter that 4505s, 1,0092110252are acceptable to both parties and eliminate the necessity of the expenditure of the time, expenses and resources of ongoing and protracted litigation; and WHEREAS, in entering this Agreement, the parties make no admission of wrongdoing or improper conduct and this Agreement does not constitute an admission or finding of wrongdoing by either Party; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH BELOW, THE DISTRICT AND RESPONDENT AGREE AS FOLLOWS: 1. WITHDRAWAL OF DISCIPLINARY CHARGES. The District shall withdraw with prejudice the Education Law §3020-a charges brought against Mrs. Barton which are currently pending with the State Education Department, within ten (10) days ofthe full execution of this Agreement and notify the State Education Department of the withdrawal through the TEACH system. 2, WITHDRAWAL OF GRIEVANCES. BCSA shall withdraw, without precedent or prejudice to any other matter, the pending grievances BCSA brougkt against the District, which are currently pending, within ten (10) days of the full execution of this Agreement, and notify the respective Arbitrators or PERB, if hecessary, that these matters have been resolved. These matters are identified as Grievance #: BCSA 170530. 3. WITHDRAWAL OF ARTICLE 78 SPECIAL PROCEEDING, Mrs. Barton shall withdraw with prejudice the NY Article 78 Proceeding brought against the District in Erie County Supreme Court with the Index #: I-2017-000156, by filinga Stipulation of Discontinuance with Prejudice with Erie County Supreme Court within 10 days of full execution of this agreement. 2|Page 4505983, Loonts26. WITHDRAWAL/DISCONTINUANCE/WAIVER OF FUTURE _ CLAIMS ‘RELATIVE THE PENDING NYS DIVISION OF HUMAN RIGHTS CHARGE. Mrs. Barton stall withdraw and/or discontinue with prejudice the NY Division of Human Rights Charge brought against the District and District Employees et. al, referenced by the Division of Human Rights as Case #: 10193440 and Federal Charge # 16GB802291, currently pending before ALJ, Martin Erazo, in writing, signed by the complainant or complainant's attorney, or made upon the record at a public hearing before an administrative law judge and in accordance with 8 NYCRR 465.5. Moreover, Mrs. Barton forever releases and discharges all named Respondents, the District, its agents and employees, including from any future claims whatsoever, arising out ofthe same or similar transaction(s) or occurrence(s) leading to the filing of Mrs. Barton subject Division of Human Rights Complaint. RETURN TO WORK, Upon execution of this Agreement by all parties, and pursuant to the terms of the settlement herein, Mrs. Barton, shall return to work as the Principal at McKinley High School. PAYMENT BY DISTRICT. The District shall pay Mrs. Barton overtime and/or extra-activity payments that she would have earned during that specific time period of May 11, 2017 through the date of execution of this agreement and further compromised alleged damages in the sum totaling two-hundred thousand dollars ($200,000.00), taking into the circumstances at hand during that timeframe. This amount will be subject to any tax consequence associated with usual payroll, to the extent applicable. Moreover, the District will pay Attorney, Lindy Korn reasonable attorney's fees in the amount of sixty- thousand dollars ($60,000.00) in full satisfaction of any claims toward the District of attorney's fees resulting from the underlying Division of Human Rights Action and the District will pay the BCSA an amount of fifteen-thousand dollars ($15,000.00) for reimbursement in full satisfaction of legal fees incurred defending the 3020a Charges and prosecuting the Grievance. All of the above payments will be made no later than fifteen (15) business days from the date this agreement is fully executed and only upon receipt of a W9 from the Law Office of Lindy Korn, 31Page 4525805, 1 0092110252ANTI-DISPARAGEMENT/PUBIIC STATEMENT. The Parties agree not to disparage each other or make any derogatory comments with respect to the parties and the underlying matters concerning this agreement and the agreement itself, Specifically, Mrs. Barton shall not be Disparaged by the District and Mrs. Barton shall not disparage the District. Disparagement shall be defined as any negative statement written or oral. Moreover, the District will issue a public statement regarding this agreement as agreed in writing by the parties. NON-ADMISSION. Both Parties to this Agreement do not admit, and specifically deny any liability, wrongdoing or violation of any law, statute, regulation, agreement or policy, and are entering into this Agreement solely for the purposes of (a) amicably resolving any and all matters in controversy, disputes, causes of action, claims, contentions and differences of any kind whatsoever between the District and Mrs. Barton, and (b) avoiding the attorneys’ fees and other expenses that would result from litigation. Further, this Agreement shall not be used evidence for ofany type of admission to an underlying claim that are being resolved in this Agreement in any other proceeding, RELEASE AND WAIVER OF ALL CLAIMS. In consideration of the mutual covenants, promises and consideration set forth herein, Mrs. Barton hereby releases the District, its Board of Education, administrators, employees, agents, heirs and assignees from any and all claims ofany kind or nature, up tothe date of the date this Agreement is executed. Mrs. Barton specifically agrees that she knowingly and voluntarily releases and forever discharges, and by this instrument does release and forever discharge the District of and from all actions, causes of action, suits, charges, complaints, proceedings, grievances, obligations, costs, losses, damages, injuries, attorneys fees, debts, dues, sums of money, accounts, covenants, contracts, controversies, agreements and promises of any form whatsoever (collectively referred to as claims"), including, but not limited to claims brought under the Age Discrimination in Employment Act of 1967 (ADEA), 29 US.C §621 et seq, which were oF including, but not limited to claims brought under the Americans with Disabilities Act of 1990, 42 USC. §12101 etseq, Title VI of the Civil Rights Act of 1964,42 USC. §2000c et ‘seq, the Civil Rights Act of 1991, Pub. L. 102-166, 105 Stat. 1071 (1991), 42 US.C. §1981, the Fair Labor Standards Act, 29 USC. §201 et seq,the ;Natioral Labor Relations Act, 29 CS.C. §151 et seq, the Equal Pay Act of 1963, 29 US.C.§206(4), 4|Page 4505s, 10001 L028210. 11. 12, the Employee Retirement Income Security Act of 1974, 29 US.C. §1001 etseq, the Rehabilitation Act of 1973, 29 U.S.C. §791 et seq,, the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq, the New York State Human Rights Law, NY. Executive Law §290 et seq, Title IX, 20 US.C. §1681 et seq, the New York Civil Rights Law, N.Y. Civil Rights Law §79-c et seq, the New York Equal Pay Law, NY. Labor Law §§194-198, the New York Workers’ Compensation Lav, N.Y. Workers’ Compensation Law81 et seq, under any and all other federal, state and ‘ocal equal employment, fair employment and civil or human rights law (whether statutory, regulatory or decisional), under the statutory, regulatory or common law of any jurisdiction, including, but not limited to, any and all tort claims (eg, assault, battery, false imprisonment, defamation, intentional infliction of emotional distress, negligent infliction of emotional distress, wrongful termination, negligent hiring supervision and/or retention, conversion, interference with contract, abusive lischarge) and under any and all federal, state and local laws relating to employment and/or gender discrimination, sexual and/or other harassment, retaliation, benefits, labor or employment standards, or retaliation could have been alleged by Mrs. Barton, her heirs, executors, administrators, successors and assigns up until the date of execution of this Agreement. KNOWING AND VOLUNTARY CONSENT. Respondent acknowledges and agrees that: (a) She has read this Agreement and understands its full meaning and effect; (b) She knowingly and voluntarily enters into this Agreement of her ‘own free will; c) She has been represented by her attorneys, Robert Boreanaz, Esq. of Lipsitz Green Scime Cambria LLP and Lindy Korn Esq. of the Law Offices of Lindy Korn, in all deliberations leading up to this Agreement and has had all terms and conditions herein thoroughly explained to her; (d) By signing below, she indicates his understanding and acknowledgement that she has been advised to consult with an attorney of her choice and did consult her above- mentioned attorneys, prior to entering into this Agreement; and (¢) She freely consents to enter this Agreement, such consent not having been induced by fraud, duress, or any other undue influence. BINDING EFFECT. This Agreement shall not be effective or binding upon Mrs. Barton and/or the District unless and until it is approved by the Board, by formal resolution. SEVERABILITY, The provisions of this Agreement are to be implemented according to the laws of the State of New York and are severable. Ifany part of this Agreement is found to be unenforceable, all other provisions shall remain fully valid and enforceable. SlP2ge 4525893, 10082110092,13, ENTIRE AGREEMENT, The Parties acknowledge that this Agreement Tepresents the full, final, and complete resolution of this matter; so that this, Agreement supersedes all prior agreements, written or oral, ifany, between ' the Parties. This Agreement may not be changed except by an instrument in writing signed by the Parties. BY SIGNING THIS AGREEMENT, Mrs. BARTON STATES THAT: SHE CAREFULLY READ AND UNDERSTOOD THIS AGREEMENT; SHE WAIVES ANY CLAIMS AS OUTLINED ABOVE AND ANY RIGHTS SHE MAY HAVE HAD PURSUANT TO EDUCATION LAW §§ 3012, 3020 AND/OR 3020-a IN THIS MATTER; AND THAT SHE HAS SIGNED THE AGREEMENT KNOWINGLY AND VOLUNTARILY. Executed in multiple copies, each having the same effect as the original. THEREFORE, Mrs. Barton and the District now voluntarily and knowingly execute this Agreement as of this 4 “day of March 2022 6lPage 4525083, |008211.0092Per paragraph 7 of the parties’ Agreement, the District should respond, if inquired as to the resclution of the matters at hand, as follows: “The District and Mrs. Barton have amicably resolved and settled various forms af litigation amongst them. As part of the settlement, Mrs. Barton, who is one of the longest tenured and highly regarded principals in the District is eligible to immediately return to service at ‘McKinley High School. Mrs, Barton is currently considering all of her options at this time. We are all very pleased to have finally put all these matters behind us and the District is appreciative and thaakful to Principal Barton for all of her years of service.” ass, 1 oosnnt.o52