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IGNATION AGREEMENT
Between the Union Community School District
And
Mark Hookham
The Board of Education (the “Board”) of the Union Community Schoo! District (“the
District") and Mark Hookham (“Employee”), on behalf of himself, his heirs, executors, successors,
and assigns, hereby enter into this Resignation Agreement (“Agreement”).
WHEREAS, Employee is curently employed as a teacher in the District, and Employee
has offered to resign from his employment effective April 5, 2021, and the Board is willing to
accept this offer; and
WHEREAS, the parties desire to settle all potential outstanding issnes between them in
accordance with the terms and conditions stated in this Agreement,
NOW, THEREFORE, for good and valuable consideration and the promises contained
herein, the parties wish to memorialize the terms and conditions agreed to by and between each of
the parties as follows:
NOW, THEREFORE, for good and valuable consideration and the promises contained
herein, the parties wish to memorialize the terms and conditions agreed to by and between each of
the parties as follows:
1. EMPLOYEE OBLIGATIONS,
a, Employee shall remain on paid administrative leave until the effective date of
the resignation;
b. Employee shall meet with agreed upon District personnel to remove his
personal belongings,
2, DIST! ONS
a. District shall pay Employee his regular wages and any insurance or other
benefits under his 2020-21 employment contract through June 30, 2021;
b, District shall pay a lump sum amount of $15,000 to Employee payable no later
than June 30, 2021.
c. If the District is contacted by potential future employers for a reference, the
District will provide dates of employment only.agrees not fo contest any claim by Employee for unemployment
compensation, however, lowa Workforce Development will ultimately
determine Employee's eli
lity, if any, for unemployment benefits.
Ee DITIONAL COM BY It is understood and agreed that
Employee is not entitled to receive any compensation or payments from the District, other than as
laid out in paragraph 2 of this Agreement,
4, TAXES AND WITHHOLDINGS. The payments described in paragraphs 2(a)-
2(b) above shall be subject to normal taxes, FICA, and IPERS withholding, as may be applicable,
as well as any other withholdings required by law.
5. FULL AND COMPREHENSIVE RELEASE, Employee, with full understanding
of the contents and legal effect of this Release, freely and voluntarily promises to and does hereby
completely release and forever discharge the District and its respective officers, directors, agents,
employees, from any and all claims, of any and every kind, nature, and character, including any
and all claims for attorneys’ fees and casts Which Employee may now have, or has ever had, against
the District and/or any affiliated officers, directors, agents, employees, successors and assigns,
which arose in whole or in part from his employment with the District and any other dealings of
any kind between Employee and the District and/or any officer, director, agent or employees of
the District, which have transpired prior to the execution of this Release, including but not limited
{0, any and all claims, rights, demands, and causes of action of any and every kind, whether arising
out of, wrongful discharge, discrimination, alleged violations of any alleged contract, express or
implied, breach of any covenant of good faith and fair dealing, whether express or implied, any
personal injury, any tort, or any statute, including but not limited to, Age Discrimination in
Employment Act, ‘Title VII of the Civil Rights Act of 1964, as amended, The Civil Rights Act of
1991, the Americans With Disabilities Act, the Family and Medical Leave Act, The Employee
Retirement Income Security Act of 1974, as amended, the owa Civil Rights Act, lowa Wage
Payment Collection, claims under any local rule, state or federal statute, and claims under
common-law, claims for breach of contract, claims for any tort, claims for any wrongful discharge,
or any other claims which could have been but have not been asserted which Employee may now
have, or has ever had, including, but not limited to, any and all claims, rights, demands and causes
of action set out or related to those set out.
6. COMPLETE RELEASE, It is understood and agreed that Employee is currently
unaware of any claim, right, demand, debt, action, obligation, liability, or cause of action that he
may have against the District which has not been released in this Agreement.
7. COVENANT NOT-TO SUE, Employee covenants not to suc oF to institute or cause
to be instituted any kind of claim or action (except to enforce this Agreement) in any federal, state,
or local agency or court against the District or any individual employee or Board member of theDistrict, arising out of or attributable to Employee"s employment with the District, of any other
action or cause of action released under paragraph 5.
8 CONFIDENTIAL INFORMATION. During Employee's employment, he was
privy to certain confidential information including information relating to students and other staff,
‘The District was privy to confidential information relating to Employee. In compliance with lowa
law and every employee's professional obligations, the parties agree to respect the privacy and
confidentiality concerns of all students and staff. including Employee, The District will provide
public information regarding Employee's employment only as authorized and yequired by law.
9, NOADMISSION. This Agreement resolves all issues relating to the
employment relationship between Employee and the District. ‘This Agreement is not and shall not
be construed as an admission by either party of any violation of the Disirict’s policies and
procedures; or federal, state or local law or regulations or any provision of common law.
10. GOVERNING LAW. ‘The provisions of this Agreement shall be construed in
accordance with the laws of the State of Iowa.
1, SEVERABILITY, In the event that any paragraph, subparagraph, or provision of
this Agreement shall be determined to be contrary to governing laww or otherwise unenforceable,
all remaining portions of this Agreement shall be enforced to the maximum extent permitted by
aw.
12, TERMS AND CONDITIONS, Employee represents that he has had the right and
opportunity to be tepresented by counsel of his own choosing in the negotiations for and
preparation of this Agreement, that he is not relying on any representations that may have been
made by the District or any of its employees or representatives that are not set out herein, that he
has read this Agreement, that he is fully aware of its contents and of its legal effect, and that he
freely and voluntarily enters into it.
13, REVOCATION. This Agreement is subject to approval by the Board of Directors
for the District. Mark shall have up to twenty-one (21) days to consider this Agreement, (It being
understood that the Employee may execute the Agreement at any time within this twenty-one (21)
day period.) Once approved and signed, Mark shall have up to seven (7) days to revoke this
Agreement in writing, Thereafter, this Agreement will be effective once approved by the Board.
14. BOARD APPROVAL, This Agreement is subject to approval by the Board of
Directors for the District, Should the Board reject or otherwise fail to accept this Agreement, this
Agreement shall be deemed null and void in its entirety,
{Signatures follow on next page]Lhe.
Kevin Sash, Board President
Union Community School District
Woh Hob—
Maik Hookham”
“orgs 2056-000
Date 4-5 -3oU!
Date 4/3 OL