Kittell settlement agreement released
</element><element id="paragraph-1" type="body"><![CDATA[ On?Friday, January 28 The Randolph County Herald Tribune filed a Freedom of Information Act with the Chester School?Board of Education regarding the agreement between the board and former Chester High School?Principal Keith Kittell.
After almost three hours in executive session at their January 20 meeting, the Chester School Board of Education returned to open session and approved an agreement with Keith Kittell.
The settlement is as follows:
This Settlement Agreement and Mutual Release ("Agreement") is entered into between the parties, the Board of Education of Chester Community Unit School District No. 139, (hereinafter "District") and Keith Kittell (hereinafter "Kittell"), an administrator the District, on this 20th day of January, 2011.
WHEREAS, a disciplinary issue arose involving Kittell; and
WHEREAS, Kittell denies any wrongdoing with regards to the alleged allegations of misconduct; and
WHEREAS, The parties wish to reach an agreement allowing for the retirement of Kittell and other various issues;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and promises herein contained, it is agreed as follows:
SECTION 1
This Agreement, if retained, shall be kept in a non-personnel file and shall not be disclosed absent court order, agreement of the parties or as required under state law.
The District agrees not to disclose the contents of Kittell's personnel file to any third party, except under the following circumstances: (1) when authorized in writing to do so by Kittell; or (2) when ordered to disclose in a legal proceeding; or (3) when disclosure is required under state or federal law. The parties will mutually agree to a written employment reference to be provided to any parties making an inquiry about Kittell's employment with the District, and agree that all information provided to prospective employers will be consistent with said letter.
The parties agree to make no disparaging remarks about any party to this Agreement.
SECTION 2
Upon this execution of this Agreement by both parties, Kittell voluntarily and irrevocably resigns from his administrative position with the District, effective at the end of the work day on March 31, 2011. Kittell states that he is resigning for personal reasons unrelated to any pending allegations.
SECTION 3
On January 3, 2011, the Board, by official action, placed Kittell on administrative absence from duty for investigative purposes, without the loss of pay and benefits. The Board, by official action, authorized Kittell to return to work on January 24, 2011.
Kittell shall be allowed to take, and agrees to take, his twenty (20) accrued paid vacation days, on each consecutive work day starting on January 24, 2011. After exhausting his vacation days, Kittell shall be allowed to take, and agrees to take, all of his accrued paid sick leave on each consecutive work day thereafter, through and including March 31, 2011.
SECTION 4
By April 15, 2011, the District agrees to pay Kittell a lump sum severance payment equal to the salary he would have earned in April and May, 2011, minus regular and normal payroll deductions. The parties agree that this severance payment will be issued to Kittell after his last day of employment and after he receives his last paycheck, and is not to be considered creditable earnings for the Illinois Teachers' Retirement System ("TRS"). The severance payment shall be made payable jointly to Keith Kittell and his attorney Brian Schwartz and shall be mailed to: Law Offices of Brian Schwartz at 3105 Wildcat Point, Springfield, Illinois 62711.
SECTION 5
Upon execution of this Agreement by both parties, Kittell shall not enter District property or attend any District event, at home or away, from the date the agreement is signed through and including June 30, 2011, without the prior approval of the Superintendent of the District. The Superintendent's decision on whether to grant approval for any such visit shall be final.
SECTION 6
In consideration for the above stated, Kittell and District, each on their own behalf and on behalf of their respective representatives, heirs and assigns, hereby fully and forever releases, remises, acquits and discharges the other, their predecessors, successors, affiliates, member districts, officers, directors, employees, attorneys, agents and assigns, in both their individual and official capacities, of and from any and all liabilities, claims, obligations, demands, actions or causes of action, of any kind whatsoever, for any cause that occurred within the scope of Kittell's employment with the District, whether in contract, tort, or pursuant to statute, regulation or collective bargaining agreement, in law or in equity, which each may have against the other, which may be known or unknown, except for enforcement of this Agreement.
SECTION 7
It is further agreed that neither party admits to any liability for any of the allegations asserted against it by either of the parties, or any third party. This Agreement in no way amounts to an admission of any liability, or the truth of any allegations regarding the above referenced matters by either party.
SECTION 8
This Agreement has been executed in the State of Illinois, and shall be governed in accordance with the laws of the State of Illinois in every respect. This Agreement may be executed in one or more counterparts, each of which shall be considered an original, and all of which taken together shall be considered one and the same instrument.