UBLY - When former Ubly Community Schools Superintendent Hal Hooks tendered his resignation for retirement reasons as of Jan. 12, he and the board of education worked out a separation agreement, which was effective as of Jan. 15.
The agreement stated Hooks
will release the district, the board and the staff "from any and all claims, causes of action, damages or liability of every kind, nature or description."This includes any claim under the Age Discrimination in Employment Act/Older Workers'
Benefits Protection Act, the federal Civil Rights Act, the Michigan Elliott-Larsen Civil Rights Act and the Michigan Persons with Disabilities Civil Rights Act along with all other pertinent state and federal statues; claims for personal injury and/or damages of any kind, including but not limited to those for infliction of mental or emotional distress, invasion of privacy, defamation and/or injury to reputation; and any kind of contractual, legal or equitable claim arising from Hooks' employment and resignation from the district including any and all of the circumstances leading to his
resignation under the terms of the separation agreement.
According to the agreement, Hooks
acknowledges and agrees that the board, including individual board members and staff members, "has not made any representation or provided any advice with regard to Hooks' eligibility for benefits under the Michigan Public School Employees Retirement System."In addition, Hooks
agrees that "he
will not attempt to hold them responsible with respect to any dispute or controversy regarding his
eligibility for and/or benefits received with MPSERS as a result of his
can pursue any such dispute with MPSERS if he
chooses to do so.
The agreement further states Hooks acknowledges and agrees that he
right to employment as a tenured teacher with the board.Hooks
can appeal this decision to the State Tenure Commission
within 20 days of the agreement being signed.
The board and Hooks
agree, according to the separation agreement language, that the agreement should not be considered precedent setting in this or any other future situation.
"This agreement shall not be construed as an admission of wrongdoing on the part of any party or shall either party unreasonably disparage the other," the language stated.
The agreement requires that Hooks
receive a letter of reference from board President Kevin O'Connor and that the district will remove any unsatisfactory evaluations from Hooks' file if he
so requests within 14 days of the agreement being signed.According to the agreement language, Hooks acknowledges he had 21 days from the receipt of the agreement to consider the terms and conditions of the agreement and he was advised in writing to consult with an attorney prior to executing the agreement.
Hooks also had seven days to revoke his
acceptance of the agreement after he
signed it Jan. 15.The Huron Daily Tribune
contacted O'Connor Thursday, and he
chose not to comment about the agreement.Several attempts to reach Hooks
were unsuccessful.Since Hooks retired Jan. 12, the board has appointed elementary Principal Kenneth Sweeney as district superintendent.