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RESIGNATION AGREEMENT

This Resignation Agreement (Agreement) is entered into between the PLANO

INDEPENDENT SCHOOL DISTRICT (District), an independent school district organized under

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).

WHEREAS, Binggeli is currently employed by the District as Superintendent of Schools under

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

as an employee of the District, effective at 11:59 p.m., January 31, 2018;

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

all disputes and controversies between them; 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

the other Party.

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

RESIGNATION AGREEEMENT BINGGELI Page 1 of 22


law of any jurisdiction and comprehensively includes, but is not limited to, causes of action,

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

Code 276.004 (West 2017).

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

RESIGNATION AGREEMENT Binggeli Page 2 of 22


ever alleged, currently alleged or that might have been alleged as of the effective date of this Agreement

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

individually and collectively, their representatives, employees, agents, predecessors, successors,

assigns and legal representatives, and all other persons, firms or corporations in privity with it.

E. The terms Party or Parties mean District and Binggeli.

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

Binggeli cannot lawfully waive.

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

LAWFULLY WAIVE, EACH PARTY, ON BEHALF OF THEMSELVES, THEIR HEIRS, ATTORNEYS,

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:

1. BINGGELIS EMPLOYMENT WITH DISTRICT, OCCURRING THROUGH THE DATE

OF EXECUTION OF THIS AGREEMENT;

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2. ALL ACTS OR OMISSIONS OR OTHER CONDUCT, OR THE BREACH OF ANY LEGAL

DUTY ATTRIBUTABLE TO DISTRICT AND/OR ITS EMPLOYEES OR BINGGELI REGARDING

BINGGELIS EMPLOYMENT WITH DISTRICT, OCCURRING THROUGH THE DATE OF EXECUTION

OF THIS AGREEMENT;

3. ALL ALLEGATIONS EVER MADE, CURRENTLY MADE OR THAT MIGHT HAVE

BEEN MADE BY THE PARTIES REGARDING BINGGELIS EMPLOYMENT WITH DISTRICT

THROUGH THE DATE OF EXECUTION OF THIS AGREEMENT, AND/OR ACTIONS DURING THE

SETTLEMENT NEGOTIATIONS OF THIS MATTER; AND

4. ALL CLAIMS OF DISCRIMINATION AND/OR RETALIATION REGARDING

BINGGELIS EMPLOYMENT WITH DISTRICT ARISING THROUGH THE DATE OF EXECUTION OF

THIS AGREEMENT.

B. Release of ADEA Claims: BINGGELI, BY INITIALS BELOW, KNOWINGLY AND

VOLUNTARILY, UNCONDITIONALLY, AND FOREVER RELEASES, ACQUITS, AND DISCHARGES DISTRICT

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

EMPLOYMENT WITH DISTRICT, KNOWN OR UNKNOWN UP TO AND INCLUDING THE DATE OF

EXECUTION OF THIS AGREEMENT UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT

(ADEA) AS FOLLOWS: (PLEASE INITIAL)

_____ BINGGELI UNDERSTANDS THE TERMS OF THIS AGREEMENT, SPECIFICALLY


THAT THE TERMS INCLUDE A RELEASE OF CLAIMS OF AGE DISCRIMINATION
UNDER THE ADEA.
_____ BINGGELI RELEASES ALL CLAIMS ARISING UP TO, AND INCLUDING, THE DATE
OF EXECUTION OF THIS AGREEMENT.
_____ BINGGELI ACKNOWLEDGES RECEIPT OF VALUABLE CONSIDERATION,
GREATER THAN ANYTHING BINGGELI IS CURRENTLY ENTITLED TO, IN
EXCHANGE FOR HIS RELEASE IN THIS AGREEMENT.
_____ BINGGELI HAS BEEN ADVISED TO CONSULT WITH AN ATTORNEY BEFORE
SIGNING THIS AGREEMENT.
_____ BINGGELI HAS BEEN ADVISED AND UNDERSTANDS THAT HE HAS AT LEAST 21
DAYS TO CONSIDER THIS AGREEMENT AND BINGGELI WAIVES THIS 21 DAY
PERIOD.

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_____ BINGGELI HAS BEEN NOTIFIED THAT HE HAS 7 DAYS IN WHICH TO REVOKE
THIS AGREEMENT AFTER IT IS SIGNED.

C. THE RELEASES OF EACH PARTY DO NOT RELEASE THE OTHER PARTY FROM ANY

CLAIMS OR DAMAGES FOR ENFORCEMENT OF THIS AGREEMENT.

D. BINGGELI, IN EXCHANGE FOR THE CONSIDERATION PROVIDED HEREIN, WILL

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,

EXCEPTING CLAIMS BINGGELI CANNOT LAWFULLY WAIVE.

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

OR ACTIONS AS MAY BE NECESSARY OR REQUIRED TO WITHDRAW OR DISMISS WITH PREJUDICE ANY

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

EDUCATOR CERTIFICATION, CRIMINAL ACT, OFFICIAL MISCONDUCT, OR COMMITTED A WILLFUL ACT

OR AN ACT OR OMISSION CONSTITUTING GROSS NEGLIGENCE OR ACTED IN BAD FAITH, WITH

CONSCIOUS INDIFFERENCE OR RECKLESS DISREGARD FOR THE KNOWN RIGHTS OF OTHERS.

ADMINISTRATIVE PROCEEDING, AS USED IN THIS AGREEMENT, INCLUDES, BY WAY OF EXAMPLE,

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BUT NOT BY WAY OF LIMITATION, A HEARING OR APPEAL BEFORE THE DISTRICTS BOARD OF

TRUSTEES, THE STATE BOARD FOR EDUCATOR CERTIFICATION, THE STATE BOARD OF EDUCATION,

OR THE TEXAS EDUCATION AGENCY UNDER THE TEXAS EDUCATION CODE.

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

satisfaction of all claims and damages allegedly accruing to the Parties.

B. The Parties are authorized to sign this Agreement.

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

offered in this Agreement.

F. By entering into this Agreement, the Parties acknowledge that:

1. Each of the Parties denies any liability;

2. The Parties do not admit to any unlawful or tortious conduct or any other

wrongdoing in connection with the subject matter of this Agreement;

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.

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V. AGREEMENTS AND CONSIDERATION AGREED TO BY THE PARTIES.

A. Upon execution of this Agreement, Binggeli agrees as follows:

1. Attached hereto as Exhibit 1 is Binggelis written resignation of

employment under his Contract of employment with the District effective January 31, 2018

(the Resignation Effective Date). Binggelis resignation letter (Exhibit 1) shall be

submitted to 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 District and execution of the

Agreement by the Parties, subject to applicable statutory revocation periods contained in this

Agreement.

2. Binggeli requested and will be on Board-approved personal leave following

the Boards approval of this Agreement and appointment of an Interim Superintendent 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, Binggeli shall be paid his full salary and benefits according to the terms

stated in his Contract through the Resignation Effective Date.

3. EXCEPTING CLAIMS AND RIGHTS BINGGELI CANNOT LAWFULLY WAIVE,

UPON THE FULL AND COMPLETE PERFORMANCE OF DISTRICT WITH THE TERMS AND

CONDITIONS CONTAINED IN THIS AGREEMENT, BINGGELI AGREES TO THE FULL RELEASE

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
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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

employment, from the date of execution of this Agreement forward.

4. After the Resignation Effective Date, Binggeli agrees to provide assistance

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

reimbursed to Binggeli shall be mutually agreed upon in advance.

6. At a time to be mutually agreed upon by and between Binggeli and the

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,

of the District in Binggelis possession as it relates to Binggelis employment as the

Superintendent of the District.

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7. At a time to be mutually agreed upon by and between Binggeli and the

District, but in any event no later than 11:59 p.m., January 31, 2018, Binggeli shall remove

his personal effects and property from the Superintendents office.

B. Upon execution of this Agreement, District agrees as follows:

1. By executing this Agreement, District agrees to accept Binggelis written

resignation of employment under his Contract, effective January 31, 2018 (the

Resignation Effective Date). Binggelis resignation letter shall be submitted to 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,

subject to applicable statutory revocation periods contained in this Agreement.

2. Binggeli will be on Board-approved personal leave following the Boards

execution and approval of this Agreement and appointment of an Interim Superintendent

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.

3. In consideration of Binggeli voluntarily resigning his employment and

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

of THREE HUNDRED SEVEN THOUSAND THREE HUNDRED SIX AND 46/100

DOLLARS ($307,306.46) (Total Settlement Payment) representing nine months salary

and benefits and payment of accrued but unused vacation pay under his Contract.

The Total Settlement Payment shall be paid as follows:

RESIGNATION AGREEMENT Binggeli Page 9 of 22


a. On or before January 31, 2018, EIGHTY-SEVEN THOUSAND THREE

HUNDRED SIX AND 46/100 DOLLARS ($87,306.46) paid jointly to Binggeli

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

Teachers Retirement System from the Total Settlement Payment.

b. TWO HUNDRED TWENTY THOUSAND AND N0/100 DOLLARS


($220,000.00) to be paid as follows:

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

December 31, 2017 January 3, 2018 TOTAL


Plano ISD
Employer Paid $55,000 $55,000 $110,000
403(b) Plan
Plano ISD 401(a) AMOUNT AMOUNT AMOUNT
Plano ISD 457(b) $55,000 $55,000 $110,000
Subtotal $110,000 $110,000 $220,000

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

to establish such a plan under the Teacher/Employee Recruitment and Retention


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Program with Education Service Center Region 10 (401(a) Plan), authorizing

appropriate administrator(s) of the District to sign any other documents needed to

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

investment vehicles shall be determined solely by the Superintendent. Binggeli

shall pay any taxes lawfully due on these payments, if any.

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

Statement attached as Exhibit 3. Nothing in this Agreement should be construed to

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

employee or Trustee from providing such a personal reference to Binggeli.

5.

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VI. MISCELLANEOUS PROVISIONS.

A. Acknowledgment of Release of All Claims. Binggeli and District understand and

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

subject of this Agreement.

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

or that it voluntarily chose not to seek legal counsel.

C. Modification. This Agreement cannot be altered, amended or modified in any respect,

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

and representations of the other Party.

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

to be used in construing this document.

E. Severability. The provisions of this Agreement are severable. If a court of competent

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.

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F. Revocation. For a period of seven (7) days following the execution 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

Party shall be immediately rescinded.

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

appropriate jurisdiction in Collin County, Texas.

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

validity and meaning as a handwritten signature.

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

and posted meeting on November 28, 2017.

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[signatures to follow]

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_____________________________________
Dr. Brian Binggeli

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: ________________

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EXHIBIT 1

Resignation Letter

RESIGNATION AGREEMENT Binggeli Page 16 of 22


[District Letterhead]

November 28, 2017

Dear Plano ISD Board of Trustees:

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,

Brian T. Binggeli, Ed.D.

RESIGNATION AGREEMENT Binggeli Page 17 of 22


EXHIBIT 2

Letter of Reference

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PLANO ISD BOARD OF TRUSTEES
November 28, 2017
To Whom It May Concern:

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

RESIGNATION AGREEMENT Binggeli Page 19 of 22


RESIGNATION AGREEMENT Binggeli Page 20 of 22
EXHIBIT 3

Statement

RESIGNATION AGREEMENT Binggeli Page 21 of 22


The Board of Trustees of the Plano Independent School District (PISD), and Dr. Brian Binggeli,
Superintendent, recognize that they possess differing leadership philosophies and agreed it is in the
best interest of the district to collaborate regarding an agreement that both allows the Board to
transition the districts leadership immediately rather than at the end of his contract in June of 2019,
and allows him to begin pursing other opportunities.
Dr. Binggeli will resign as Superintendent effective January 31, 2018. Dr. Binggeli has served
Plano ISD for two and years as superintendent and leaves at a time the district is moving in
exciting new directions. The Board wishes Dr. Binggeli well in his future endeavors.
Ms. Sara Bonser was appointed as the interim superintendent for the district. She has been serving
as the interim deputy superintendent since May 2017. As Dr. Binggeli begins utilizing his personal
leave on November 29, 2017, Sara Bonser will assume the leadership position of the district during
his absence.
Ms. Bonser brings a wealth of experience and motivational ideas to the position of interim
superintendent that the Board believes will be refreshing for the district. Plano ISD Board President
Missy Bender said, Sara has successfully served in her current capacity since May of 2017, and
has a long history in Plano ISD as a former teacher and administrator. Since departing the district,
Sara has built an impressive resume serving students, families and staff in public education for the
past 27 years. According to Ms. Bonser, in her time as interim deputy superintendent with the
district, she has served the District as the chief operating officer assisting the superintendent with
daily operations of the district, also serving as acting superintendent in Dr. Binggelis absence. Ms.
Bonser was also responsible for responding to Board and stakeholder inquiries, directing the
executive cabinet, and monitoring the District Strategic Plan and District Improvement Plan. This
is an opportunity to dedicate my focus, time, energy, and resources to my passion which is public
education through service to Plano ISD the district I consider home, said Ms. Bonser. I care
deeply about Plano ISD and am honored to serve in this capacity.
The Board of Trustees intends to implement steps to place and retain a leader focused on fast-paced
innovation aligned with the Districts ongoing goals to ensure continued improvement in student
learning and efficient use of resources. It is the Boards intent to identify a permanent
superintendent with drive, enthusiasm and initiative that shares the districts philosophy and intent
to create lifelong learners. As we approach this transition of leadership, we are delighted to have
an internal candidate to step up in the role of interim superintendent, said Plano ISD Board
President Missy Bender. Both the Board and Dr. Binggeli are confident in her abilities to lead us
through this transition.

RESIGNATION AGREEMENT Binggeli Page 22 of 22