] er s. BARBARA BUCCINI v. PALM BEACH COUNTY SCHOOL BOARD

Transcription

1 SETTLEMENT AGREEMENT BARBARA BUCCINI v. PALM BEACH COUNTY SCHOOL BOARD This Settlement Agreement ("Agreement") is made, effective this] 9 1h day of April 2011, between BARBARA BUCCINI and The School Board of Palm Beach County, Florida (hereinafter "SCHOOL DISTRICT"). WHEREAS, BARBARA BUCCINI was employed by THE SCHOOL DISTRICT as a statistical analyst; WHEREAS, on or about April 19, 2006, THE SCHOOL DISTRICT approved the recommendation of the Superintendent to terminate BARBARA BUCCINI for unprofessional conduct and misuse of District time; WHEREAS, BARBARA BUCCINI initiated litigation against THE SCHOOL DISTRICT which is pending in the Circuit Court of the 15 th Judicial Circuit in and for Palm Beach County, Florida as Case No CA009743XXXXMBAH WHEREAS, the Parties desire an amicable and full resolution of BARBARA BUCCINI's claims with respect to these complaints and any other complaints referenced in this Agreement; WHEREAS, BARBARA BUCCINI agrees that this Agreement resolves and waives any and all potential or actual claims she may have against THE SCHOOL DISTRICT in any legal forum OJ' otherwise with regard to her employment with THE SCHOOL DISTRICT stated above; NOW, THEREFORE, inconsideration of the following covenants and promises, the undersigned Parties to this Agreement intend to be legally bound and agree as more specifically set forth below: TERMS 1. AU of the above statements are true and correct to the best of the Parties' knowledge and beliefs. 2. School Board Approval. BARBARA BUCCINI understands that this Agreement does not become final or binding until approved by The School Board of Palm Beach County, Florida at the regularly scheduled Board meeting on April 27, Original Doeuments. BARBARA BUCCINI win immediately provide THE SCHOOL DISTRICT with three (3) fully executed originals of this Agreement. 4. General Release. BARBARA BUeeINI, being of lawful age, and for consideration ] er s

2 received from or on behalf of THE SCHOOL DISTRICT, unconditionally and irrevocably agrees to release, acquit, satisfy and forever discharge THE SCHOOL DISTRICT, the elected members of The School Board, the Superintendent of Schools, the Chief Counsel, and attorneys providing district representation, each and everyone of THE SCHOOL DISTRICT's former and current officers, agents, attorneys, employees and officials (whether elected or appointed) -- in both their official capacities and as individuals -~ and their successors and assigns, {hereinafter collectively referred to as "THE SCHOOL DIS11tICT"), from any and all manners of action and actions, cause and causes of action, grievances, unfair labor practice charges, claims of employment discrimination, claims of retaliation, any tort claimrs), any and all anticipated or possible litigation, any claims under the Public Employees Relations Act, any claims under Title VII of the Civil Rights Act of 1964 as amended by the Civil Rights Act of 1991, any claims under Sections 1981 through 19:88 of Title 42 of the United States Code, any claims under the Americans with Disabilities Act Amendments Act, any claims under the Fair Labor Standards Act, any claims under Florida's Civil Rights Act of 1992, any claims under the Age Discrimination in Employment Act, any claims under the Equal Pay Act, any claims under the Family Medical Leave Act of 1995, any claims under any state or federal whistle blower statutes or provisions, any claims under any federal, state Dr local, civil Dr human rights law, any other claims under federal, state or local law, regulation or ordinances, any claims under otherwise not referenced above regarding her employment with THE SCHOOL DISTRICT in this matter, whether based on common law or otherwise, and demands whatsoever, in law or in equity, which BARBARA BUCCINI, ndw has, or hereafter will, shall or may have against THE SCHOOL DISTRICT, including but not limited to, any and all matters arising out of or even arguably involving employment with THE SCHOOL DISTRICT, in addition to those issues involving the negotiation and execution of this Agreement 5. Aeknowledgemear of Waiver. BARBARA BUCCINI acknowledges that the waiver and general release provisions of paragraph number 4 also bar any claim 01' demand for costs, fees or other expenses including attorneys' fees incurred or claimed in connection with any of the claims referenced in paragraph 4. 6, No Liability. It is understood and agreed by the Parties that this Agreement does not constitute any admission by BARBARA BUCCINI, The School Board, the Superintendent of Schools, or THE SCHOOL DISTRICT (including any of its officers, agents, directors, supervisors or employees) of any violation of any applicable laws. 7. No Worker's Compensation Claims. BARBARA BUCCINI acknowledges that, as of the date of this Agreement, she did not suffer any occupational disease or disability or any on-the-job-related accident 01' injury of the type that might have entitled her to file a worker's compensation claim, whether temporary, permanent, partial or total. 8. Payments, Consideration and Stipulation of Dismissal. In consideration for BARBARA BUCCINI's execution of this Agreement, the Parties agree to the following; a.) THE SCHOOL DISTRICT agrees to pay to BARBARA BUCCfNI's 200

3 undersigned attorney Garcia Law Firm Trust Account a total of $160,000 within twenty-one (2D calendar days of the fun execution of this Agreement by all parties; b.) THE SCHOOL DISTRICT agrees to accept a written retroactive resignation from BARBARA BUCCINI dated April 19, 2011; and c.) BARBARA BUCCINI agrees to voluntarily dismiss, with prejudice, all claims she has against THE SCHOOL DISTRICT including Buccini v. Palm Beach County School Board, Case No CA009743XXXXMBAH currently pending in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida within five (5) business days of payment of the settlement proceeds by THE SCHOOL DISTRICT. 9. Waiver of Future Employment. BARBARA BUCCINI waives all lights to employment with THE SCHOOL DISTRICT If BARBARA BUCCINI does apply for employment with THE SCHOOL DISTIUCT, the Parties agree that THE SCHOOL D1STRICT need not employ her, and that if THE SCHOOL DISTRICT declines to employ her, it shall not be Hable to BARBARA BUCClNl for any cause or damages whatsoever. 10. Consultation with Attorneys. BARBARA BUCCINI acknowledges that prior to executing this Agreement, she has received and has had sufficient time to review this Agreement; that she has discussed this Agreement with legal counsel of her own choice and that she fully understands the terms of this Agreement (including the provisions contained in paragraph numbered 4 above) and that she is knowingly, willingly, voluntarily and intelligently signing and agreeing to be legally bound by this Agreement. 11. Additional Waiver. BARBARA BUCCINI understands that this Agreement is a release that precludes her from recovering any relief as the result of any charge, lawsuit, or proceeding brought by 01" on behalf of BARBARA BUCCINI arising out of her employment with THE SCHOOL DISTRICT and that by signing and agreeing to this Agreement, BARBARA BUCCINI agrees to waive any potential filing or any current charge regarding her employment with THE SCHOOL DISTRICT before any federal, state or local governmental agency, said claims to be voluntarily dismissed with prejudice immediately by BARBARA BUCCINl. 12. Admissibility. It is fully understood and agreed by the Parties that with the exception of the underlying facts associated with her employment with THE SCHOOL DISTRICT in this matter, that this Agreement is not and will not be admissible against THE SCHOOL DISTRICT in any legal and/or administrative proceeding, except in those proceedings that may arise to enforce any and all provisions of this Agreement. 13. Enforceability. In the event that litigation shall be necessary for theenforcement of this Agreement on behalf of either Party, then the prevailing Party shall be entitled to reasonable attorneys' fees and costs incurred in said litigation, Venue for said litigation shall be Palm Beach County, Florida and this Agreement shall be governed by the laws of 3 of5

4 the State of Florida. 14. Severability. Furthermore, it is fully understood and agreed by the Patties that if any provision of this Agreement or any part thereof, is rendered 01' declared invalid by any decree ofcourt of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect 15. Full Integration. This Agreementconstitutes the entire understanding and agreement of the Parties. Therefore, there are no other covenants, promises, agreements, conditions or understandings, either oral or written, between the Parties other than those herein set forth. 16. Modification, Amendments, Revocations. Furthermore, the Parties hereby agree that any modificatiorus), amendmentis), and/or revocationis) to this Agreement shall be entered and enforced only by written express consent of the Parties, their successors and/or assigns. 17. Drafting Party. This Agreement shall not be construed against the Party who drafted it in that the Parties including BARBARA BUCC1NI, as referenced in paragraph 10, have obtained legal counsel of their choosing to advise them regarding this Agreement Full Understanding. The Parties have fully read, understood and considered all of the terms and provisions outlined in this Agreement and are therefore; mutually desire to enter into this Agreement in consideration for execution of this Agreement as outlined in the provisions stated specifically in paragraph 8. THIS AGREEMENT is dated this /9 'Mday of April, 2011 in Palm Beach County, Florida. BY; ~~ ~(!--Lt BARBARA BUCCINI STATE OF FLORIDA COUNTY OF PALM BEACH On this l'l~ day of April, 20] 1, before me personally appeared or provided sufficient Identification appeared before me to be the person who signed the foregoing instrument, and after 1 have fully explained to her the nature and legal effect whereof acknowledge that she fully understands its content and meaning and duly executed same of her free act and deed and for the sole consideration therein express. IN TESTIMONY THEREOF, 1 have unto set my hand and affixed my notary seal on the day and year first above written. (SEA- ~,#,IN."",." "~!" '",'-~"'AN M. CARPENTER 1.: 4:J.; -~.~ Commission # EE _~;-;~:,,~.il.~lexpires October 18, 2014 "~~..l!''' \ ",t;p'f.:~""'~ Bonded Thru Troy Fain iniirmce800-38s-7019 ' ~'h~. - "ARY PUBLIC ~ MY COMMlSSJON EXPIRES: 4.of5 /1. I.. Ii"0

5 Reviewed and Approved by: ved by: A S2Z:~_L&~_Att Denise Sa rholm, Esq. ]S1.... lojil'.k. Vicki Evans-Pare, Esq. (Jlf It c;/;;j.o 1/ School Board Attorney 'Witness: The School Board of Palm Beach County, Florida By:-:-- Frank A. Barbieri, Esq., Chairman ~_ Date: _ Date: ~~ Witness: Attest: William P. Malone Acting Superintendent Date: DMC: _ 5.of5