Professional Documents
Culture Documents
the laws of the State of Texas, and Dr. Brian Binggeli (Binggeli), an individual residing in Collin
County, Texas (each individually referred to herein as the Party and collectively the Parties).
a Plano Independent School District Superintendents Employment Contract beginning July 1, 2016,
(the Contract);
WHEREAS, the current term of the Contract expires on June 30, 2019;
WHEREAS, Binggeli and the Board of Trustees of the Plano Independent School District
(Board) have reached a mutually acceptable agreement for Binggeli to resign as Superintendent and
WHEREAS, District and Binggeli desire to enter into this Agreement to memorialize
Binggelis resignation from employment pursuant to his Contract with the District and resolve any and
WHEREAS, it is the desire, purpose and intention of the Parties to compromise, settle, dismiss
and fully discharge the Parties from any and all claims, actions and causes of action of any nature
whatsoever related to Binggelis employment with District; and each Partys actions taken in regard to
For good and valuable consideration, receipt of which is hereby acknowledged, the Parties
agree as follows:
I. DEFINITIONS. The following defined terms shall have the meaning stated:
A. The term claims means any and all theories or recovery of whatsoever nature which
each Party may have asserted, or could have asserted, against the other Party, regarding any issues
related to Binggelis employment with District, whether known or now unknown, recognized by the
allegations, demands, liability, suits, charges and judgments, whether arising in equity or under the
common law or any contract or any statute or otherwise, including, but not limited to, any and all other
theories ever alleged, currently alleged or that might have been alleged and the facts and events giving
rise thereto that occurred or may have occurred prior to execution of this Agreement, excepting claims
and rights Binggeli cannot lawfully waive. In this regard, the term claims related to Binggelis
employment with District includes, but is not limited to, breach of contract, whether written or oral,
claims for vacation pay, health insurance, sick pay or other employee benefits, claims regarding the
settlement negotiations, claims of harassment and/or violations of and/or claims arising under the Civil
Rights Act, 42 U.S.C. 1983, et seq.; the Americans with Disabilities Act Amendment Act, 42 U.S.C.
12201, et seq. (ADAAA); the Age Discrimination in Employment Act of 1967, as amended, 29
U.S.C. 621 et seq. (ADEA) including the Older Worker Benefits Protection Act; Title VII of the Civil
Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq.; the Texas Commission on Human Rights
Act, as amended under the Texas Labor Code 21.001, et seq. (West 2017); the Family Medical Leave
Act, 29 U.S.C. 2601 (1993); the Fair Labor Standards Act, 29 U.S.C. 201 (1982); the Equal Pay Act,
29 U.S.C. 206(d) (1938); the Texas Government Code 554.002 (West 2017); and the Texas Election
B. The term damages means any and all elements of relief or recovery of whatsoever
nature, which either Party can or could have recover(ed) from the other Party, whether known or now
unknown, recognized by the law of any jurisdiction and comprehensively includes, but is not limited
to, actual, consequential, incidental and special damages of every description, such as economic loss,
property loss or personal injury; any other item of loss or injury; statutory, treble, multiple,
compensatory or punitive damages; damages resulting from a loss of employee benefits, vacation pay
and/or sick pay; attorneys fees; pre-judgment or post-judgment or other interests; equitable relief; and
expenses. The term damages also includes, but is not limited to, all elements of recovery or relief
and the facts and events giving rise thereto, excepting damages Binggeli cannot lawfully waive.
C. The term Binggeli means Dr. Brian Binggeli, acting individually, on behalf of his
heirs, executors, administrators, legal representatives, beneficiaries and assigns, and in all capacities
in which he has or might have asserted claims against District related to the incident, as defined below.
D. The term District means the Plano Independent School District, its Board of Trustees
assigns and legal representatives, and all other persons, firms or corporations in privity with it.
F. The term incident means and refers to any issues related to Binggelis employment
with District; any actions taken against District by Binggeli concerning Binggelis employment with
District; any actions taken by District against Binggeli concerning Binggelis employment with
District; any actions taken in regard to the settlement negotiations of this matter; and any matters or
incidents involving the employment relationship between Binggeli and District, excepting claims
II. RELEASE.
A. Complete and General Release. SUBJECT TO, AND EXCEPTING THE OBLIGATIONS OF
THE PARTIES IN THIS AGREEMENT, AND EXCEPTING CLAIMS AND RIGHTS THE PARTIES CANNOT
EXECUTORS AND ASSIGNS, HEREBY UNCONDITIONALLY AND FOREVER RELEASES, ACQUITS, AND
DISCHARGES THE OTHER PARTY OF AND FROM ANY AND ALL CLAIMS AND FROM ANY AND ALL
DAMAGES, WHETHER KNOWN OR NOW UNKNOWN, ARISING FROM, ATTRIBUTED TO, OR RELATED TO:
OF THIS AGREEMENT;
THROUGH THE DATE OF EXECUTION OF THIS AGREEMENT, AND/OR ACTIONS DURING THE
THIS AGREEMENT.
OF AND FROM ANY AND ALL CLAIMS AND FROM ANY AND ALL DAMAGES, EXCEPTING CLAIMS AND
RIGHTS BINGGELI CANNOT LAWFULLY WAIVE, ARISING FROM CLAIMS RELATED TO BINGGELIS
C. THE RELEASES OF EACH PARTY DO NOT RELEASE THE OTHER PARTY FROM ANY
EXECUTE A SUPPLEMENTAL RELEASE CONSISTENT WITH THE RELEASE HEREIN ON JANUARY 31, 2018,
ACKNOWLEDGING WHETHER THE DISTRICT HAS COMPLIED WITH THE TERMS OF THIS AGREEMENT,
INCLUDING BUT NOT LIMITED TO THE TOTAL SETTLEMENT PAYMENT OUTLINED HEREIN, AND
RELEASING ANY CLAIMS FROM THE DATE OF EXECUTION OF THIS AGREEMENT THROUGH JANUARY
31, 2018. THE PARTIES RELEASES HEREIN SHALL BE EFFECTIVE UPON THE FULL AND COMPLETE
PERFORMANCE OF THE PARTIES WITH THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT,
III. COVENANT NOT TO SUE. SUBJECT TO THE PERFORMANCE OF THIS AGREEMENT, EACH
PARTY AGREES AND COVENANTS, EXCEPTING CLAIMS AND RIGHTS WHICH THE PARTY CANNOT
LAWFULLY WAIVE, NOT TO SUE OR PROSECUTE THE OTHER PARTY ON ANY CLAIMS, OR FOR ANY
DAMAGES COMING WITHIN THE RELEASE STATED ABOVE. FURTHERMORE, THE DISTRICT
COVENANTS AND AGREES NOT TO RAISE OR PROSECUTE ANY GRIEVANCE, COMPLAINT OR OTHER
CLAIM AGAINST BINGGELI COMING WITHIN THE RELEASE STATED ABOVE, AND WILL TAKE ACTION
SUCH GRIEVANCE, COMPLAINT OR CLAIM RAISED BY THE DISTRICT. THE DISTRICTS OBLIGATION
HEREIN DOES NOT APPLY TO THOSE CLAIMS OR CAUSES OF ACTION WHERE IT IS DETERMINED THAT
BINGGELI COMMITTED AN ACT REQUIRING MANDATORY REPORTING TO THE STATE BOARD FOR
TRUSTEES, THE STATE BOARD FOR EDUCATOR CERTIFICATION, THE STATE BOARD OF EDUCATION,
IV. WARRANTIES.
A. The consideration described in Section VI. of this Agreement is consideration for the
Parties execution of this Agreement. The consideration under this Agreement is not something to
which the Parties are indisputably entitled, and is agreed to by or on behalf of the Parties in full
C. The Parties own 100% of the claims and damages released by this Agreement and no
other person or entity owns any interest therein by assignment or subrogation or otherwise.
D. The Parties have not in any way assigned or otherwise transferred to any person or
entity any interest in the damages and claims released by this Agreement.
E. The Parties presently possess the exclusive right to receive all of the consideration
2. The Parties do not admit to any unlawful or tortious conduct or any other
3. The Parties have entered into this Agreement willingly for the sole purpose of
avoiding further cost and expense associated with the instant matter; and
4. The Parties agree that neither this Agreement nor any action or acts taken in
connection with this Agreement nor pursuant to it, will constitute an admission or any evidence
of unlawful or tortious or improper acts at any time by the Parties against one another.
employment under his Contract of employment with the District effective January 31, 2018
submitted to the District at the Boards meeting scheduled for November 28, 2017. See
resignation is final and irrevocable upon acceptance by the District and execution of the
Agreement by the Parties, subject to applicable statutory revocation periods contained in this
Agreement.
its meeting on November 28, 2017, through January 31, 2018, utilizing his accrued local,
state, and vacation leave days (in that order). Notwithstanding anything to the contrary
contained herein, Binggeli shall be paid his full salary and benefits according to the terms
UPON THE FULL AND COMPLETE PERFORMANCE OF DISTRICT WITH THE TERMS AND
AND WAIVER OF CLAIMS AND DAMAGES CONTAINED HEREIN AS CONSIDERATION FOR HIS
AGREEMENT.
3. Binggeli will not apply for employment with the District, including
substitute positions, private lesson instruction, at-will employment, or any other type of
employment resulting in access to District facilities from the Effective Date of his
resignation forward. In the event Binggeli reapplies and is hired and/or violates this
RESIGNATION AGREEMENT Binggeli Page 7 of 22
provision, Binggeli agrees that the contract issued will be void and Binggeli will agree to
indemnify the District for any attorneys fees or other costs incurred as a result of
challenging future employment with the District and/or enforcing this provision or at-will
to and cooperate with the District, its Trustees, agents, and attorneys in response to, or in
defense of, any demand, claim, complaint, suit, action or legal proceeding brought against
the District, its Trustees, or agents, arising from any acts or events alleged to have occurred
during the term of Binggelis employment with the District, at no additional expense to the
District other than reimbursement to Binggeli for his documented reasonable and necessary
out-of-pocket expenses, plus reimbursement of any salary lost by Binggeli by virtue of his
taking time off from his then current employment to assist the District at its request. If
Binggeli is not employed at the time, the District shall compensate him at Binggelis daily
rate of pay in the amount of $1,241.50 per day. Requests for assistance from Binggeli with
respect to such matters shall be made through the Board of Trustees President, any
successor Superintendent, and/or legal counsel for the District, and the amount to be
District, but in any event no later than 11:59 p.m., January 31, 2018, Binggeli shall return
to District all keys, cell phones, computers, credit cards, if any, and other property, if any,
District, but in any event no later than 11:59 p.m., January 31, 2018, Binggeli shall remove
resignation of employment under his Contract, effective January 31, 2018 (the
District at the Boards meeting scheduled for November 28, 2017. See Exhibit 1 which
is attached hereto and incorporated herein by reference. Binggelis resignation is final and
irrevocable upon acceptance by the Distric t and execution of the Agreement by the Parties,
at its meeting on November 28, 2017, through January 31, 2018, utilizing his accrued local,
state, and vacation leave days (in that order). Notwithstanding anything to the contrary
contained herein, the District shall pay Binggeli his full salary and benefits according to
the terms stated in his Contract through the Resignation Effective Date.
position as Superintendent of the District and agreeing to terminate his Contract prior to
the end of the current term ending June 30, 2019, the District shall pay Binggeli the sum
and benefits and payment of accrued but unused vacation pay under his Contract.
and Adams, Lynch & Loftin, P.C., and delivered to the law offices of Adams,
Lynch & Loftin, P.C., 3950 Highway 360, Grapevine, Texas, 76051; The
District shall withhold applicable state and federal deductions from this portion
of the Total Settlement Payment, but shall not withhold any payments to the
Timing of Payments
Must be made on
this date or as soon
Must be made on thereafter as
Payments or before this date administratively
feasible but not
before this date
The District shall fund the two existing supplemental retirement plans of the
District to which the amounts shall be contributed as specified above for the
Employer Paid 403(b) Plan and the Voluntary 457(b) Plan (the Current Plans).
The District shall establish a Plan under Section 40l(a) of the Internal Revenue
Code, as amended (the Code) by signing an interlocal agreement under Texas law
establish the 401(a) Plan and fund the contributions to this plan as specified above.
The District and Superintendent agree to execute any and all forms, documents
and/or elections necessary to implement the contributions to the Current Plans and
401(a) Plan as provided herein. The District and Superintendent acknowledge that
the Employer Paid 403(b) Plan and the 401(a) Plan shall be non-elective, and the
Superintendent shall not have any right to receive contributions specified herein in
cash. The Current Plans and 40l(a) Plan shall provide that the contributions made
to each plan and all earnings thereon shall be fully vested in the Superintendent at
all times. The funds for the Current Plans and 401 (a) Plan shall be invested in such
investment vehicles as are allowable under the Code for the applicable types of
plans, Texas law and the terms of the Current Plans and 40l(a) Plan, and such
4. The District shall refer all inquiries regarding Binggeli to the then acting
Superintendent who will only provide the Letter of Reference attached as Exhibit 2 and
prevent Binggeli from requesting a personal reference, oral or written, from a District
employee or Trustee, in their personal and individual capacity, or to prevent such District
5.
expressly agree, excepting claims and rights the Parties cannot lawfully waive, the releases in this
Agreement extend to all of the Parties claims, as defined herein, through the date of execution of this
Agreement, and that all such claims are hereby expressly settled or waived as set forth in the
Agreement. The Parties intend for this release to be construed as broadly as possible. Each Party
acknowledges and represents that they are knowledgeable in the business matters that are the
B. Costs and Attorneys Fees. Each Party shall bear his or its own costs and attorneys
fees in connection with the instant matter. Each Party agrees that it was represented by legal counsel
except by a writing duly executed by the Party against whom the alteration, amendment or modification
is charged. All prior agreements, understandings, oral agreements and writings are expressly
superseded hereby and are of no further force or effect. The Parties agree that each Party has relied
on its/his own judgment in executing this Agreement and that it/he has not relied on the statements
D. Construction of Terms. This Agreement shall be deemed drafted equally by all Parties
hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair
meaning, and any presumption or principle that the language herein is to be construed against any Party
shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended
jurisdiction rules that any portion of this Agreement is invalid or unenforceable, the courts ruling will
not affect the validity and enforceability of other provisions of this Agreement.
beginning on the next calendar day following its execution (the Revocation Period), Binggeli may
revoke this Agreement, and it will not become effective until the Revocation Period has expired (the
Effective Date). Notice of Revocation shall be made in writing to the Board President for District,
prior to the expiration of the Revocation Period. This Agreement will become effective, and Binggeli
will have forever waived his rights and abilities to revoke it after the expiration of the Revocation
Period, without revocation (the Effective Date). In the event of revocation, the Releases and
covenants contained in this Agreement shall be null and void, and all consideration offered by each
G. Remedies for Breach. In the event of a breach of this Agreement, the Parties shall have
all remedies available at law or in equity. If a Party is adjudicated to be in breach of this Agreement,
the provisions of section VB5 of this Agreement shall become null and void. This Agreement shall
be interpreted under the laws of the State of Texas. Venue, in the event of suit, shall be in the court of
H. Acknowledgments. The Parties further acknowledge that they have carefully read this
Agreement, that they have consulted with their attorneys prior to executing this Agreement, that they
have had an opportunity for review of it by their attorneys, that they fully understand its final and
binding effect, that the only promises made to them to sign this Agreement are those stated above and
that they are signing this Agreement voluntarily. The Parties also acknowledge that signatures
obtained via e-mail, scan, or facsimile are sufficient to execute this Agreement. The Parties agree that
an electronic signature is the legally binding equivalent to a handwritten signature, and has the same
I. The President of the Board of Trustees has been authorized to execute the Agreement
on behalf of the District by action of a majority of a quorum of the Trustees present at a properly called
Date: _______________________________
_____________________________________
Ms. Missy Bender
Board of Trustees, President
Plano Independent School District
Date: _______________________________
ACKNOWLEDGMENT
The above and foregoing Settlement Agreement and Release was acknowledged before me by
Dr. Brian Binggeli on this _____ day of November, 2017.
_____________________________________
Notary Public in and for the
State of Texas
My Commission Expires: ________________
ACKNOWLEDGMENT
The above and foregoing Settlement Agreement and Release was acknowledged before me by
Ms. Missy Bender, a duly authorized representative of the Plano Independent School District, this
______ day of November, 2017.
_____________________________________
Notary Public in and for the
State of Texas
My Commission Expires: ________________
Resignation Letter
Please accept this letter as my formal resignation as the Plano ISD Superintendent, effective January 31,
2018, subject to the terms of that Resignation Agreement between the District and me dated November 28,
2017. My plan is to pursue opportunities potentially closer to family and I look forward to the future
personal benefits that this decision will provide.
It has been my pleasure to serve this Board and this district, as we worked together for the benefit of our
kids and our communities. I am proud of what we have accomplished together and believe the district is in
excellent position for future progress in all areas. PISD has so many skilled and dedicated people who are
passionately committed to serving the children of this community. It has been an honor to work with them.
I wish each of you the best as you steer the district toward an even brighter future.
Sincerely,
Letter of Reference
As President of the Plano ISD (PISD) Board of Trustees, I have worked with Dr. Binggeli for the
last 2.5 years. On behalf of the Board, I am glad to speak to some of Dr. Binggelis
accomplishments here in PISD.
During his tenure, PISD embarked on a commitment to equity as one of our district initiatives. A
full day pre-K program for impoverished four year-olds was started and was expanded to 14 sites
this year. AVID has been expanded reaching nearly 2,700 secondary students and deployed in 21
elementary campuses. Ninety percent of these students, identified because they may be first
generation college-bound, are now taking at least one honors or pre/AP course. Working with our
school foundation, last year PISD opened the PISD CORE Store where teachers shop for free
school supplies for their students in need. Lastly, an enhanced focus on social/emotional learning,
relationship building and restorative practices has supported a drop in out-of-school suspensions
in two successive years. Differences for subgroups in this metric have shrunk as well.
Dr. Binggeli provided vision for a change in professional evaluation and a reorganization to
enhance organizational learning. As teachers have committed to reflective goal setting and
collaborative learning, our newly created professional learning team has worked with other
departments to provide our teachers with relevant, on-time learning.
From a multi-metric perspective, student outcomes remain very high. State testing, National Merit,
Presidential Scholar, fine arts recognition, industry certification, State Science & Engineering Fair,
robotics, and dual enrollment are all trending up.
Finally, Dr. Binggeli worked hard to be visible and engaged in our schools and in our community.
He enjoyed visiting classrooms and classrooms to connect with student learning and to check on
teacher well-being. He represented PISD at a multitude of service association, stakeholder
advisory, private and public-sector venues and school, district and school foundation events. He
also directed the development of a legacy club that connects our senior citizens to their schools in
meaningful ways. It has grown to over 2,200 members. Including this and many other groups,
volunteer and external stakeholder engagement metrics have shown increases.
In conclusion, Dr. Binggeli leaves PISD in a position to continue its tradition of excellence. Our
Board wishes him well in his future endeavors.
Sincerely,
Missy Bender
President, PISD Board of Trustees
Statement