Agenda Item
Meeting Date:
11/22/2022 - 6:00 PM  
Category:
General Counsel - Legal - Votes  
Type:
Action  
Subject:
13.3 Resolution of the Board of Education of the City of Newark Approving Settlement of Grievance with NTU and Employee No. 39742 and Directing Its Implementation in Accordance with Its Terms  
Strategic Plans:
 
Enclosure:
 
File Attachment:
 
Summary:
WHEREAS the Newark Teachers Union (“NTU”) filed a grievance on behalf of Employee No. 39742 (“Employee”), alleging violation of his rights under the NTU Agreement; and administration has denied the grievance on behalf of the Board; and the grievance has been submitted to binding arbitration;
WHEREAS Employee has filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission, and the Board has filed a statement of position denying the charge;
WHEREAS, without any admission of violation or liability on the part of the Board, the parties have agreed to resolve all disputed matters by way of a Separation Agreement and General Release (“Separation Agreement”), providing that Employee withdraws, waives and releases any and all claims and rights, including any claims for additional compensation, in exchange for payment in the amount of twelve thousand five hundred dollars ($12,500);
WHEREAS this Separation Agreement is in the best interests of the Board and the public, since it avoids an uncertain conclusion after protracted and costly proceedings at the expense of the public;
 
Funding :
 
Recommendation to the Board
NOW, THEREFORE, BE IT RESOLVED that the Board hereby authorizes and approves the Separation Agreement with Employee, including terms as set forth above, authorizes the Assistant Superintendent for Human Resource Services to execute said Separation Agreement on its behalf; and directs its implementation in accordance with its terms, including the payment of funds in the amount set forth above.  
Approvals:
Recommended By:
Signed By:
Pamela Luke - Executive Legal Assistant
Signed By:  
Brenda Liss - General Counsel
Signed By:  
Roger León - Superintendent
 
Vote Results:

Original Motion
Member Asia J. Norton Moved, Member Josephine Garcia seconded to approve the Original motion 'NOW, THEREFORE, BE IT RESOLVED that the Board hereby authorizes and approves the Separation Agreement with Employee, including terms as set forth above, authorizes the Assistant Superintendent for Human Resource Services to execute said Separation Agreement on its behalf; and directs its implementation in accordance with its terms, including the payment of funds in the amount set forth above.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 9 Nay: 0.
The motion Carried 9 - 0
   
Flohisha Johnson     Yes
Josephine Garcia     Yes
Dawn Haynes     Yes
Asia J. Norton     Yes
A'Dorian Murray-Thomas     Yes
Hasani Council     Yes
Vereliz Santana     Yes
Daniel Gonzalez     Yes
Crystal Williams     Yes