VOLUNTARY Separation AGREEMENT FINAL PDF
VOLUNTARY Separation AGREEMENT FINAL PDF
VOLUNTARY Separation AGREEMENT FINAL PDF
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF MIDLAND §
State of Texas, acting by and through its Board of Trustees (“Board”) and ORLANDO RIDDICK
(“Riddick”). The Agreement is the final agreement between the District and Riddick, and, except as
stated and subject to terms in paragraph 11.7 of the Contact (defined below) that survive termination
of the Contract, it controls the contractual employment relationship between the parties hereto after
Independent School District Superintendent’s Employment Contract beginning July 1, 2019 (the
“Contract”); and
WHEREAS, the current term of the Contract shall expire on June 30, 2023; and
WHEREAS, Riddick and the Board have reached a mutually acceptable agreement for
Riddick to resign his position as Superintendent of the District effective at 5:00 p.m., October 12,
2020; and
WHEREAS, it is strictly the voluntary act of Riddick to voluntarily resign his employment as
Superintendent of the District because Riddick believes it will be in his best interest and that of the
District to voluntarily resign his position as Superintendent of the District effective at 5:00 p.m.,
W I T N E S S E T H:
NOW, THEREFORE, in consideration of the recitals, terms, conditions and mutual covenants
Administrative Leave and rescinds both the Board’s action to propose termination of Riddick’s
Contract taken at the August 25, 2020 meeting and the Board’s Notice of Proposed Contract
2. Riddick does hereby voluntarily submit his resignation as the Superintendent effective
at 5:00 p.m., October 12, 2020, and the Trustees do hereby accept his resignation as Superintendent
effective at 5:00 p.m., October 12, 2020. Riddick’s resignation letter, attached hereto and
incorporated herein by reference as Exhibit “A,” shall be submitted to the Trustees at the specially
called board meeting of October 12, 2020. Notwithstanding anything to the contrary contained herein,
Riddick shall be paid his full salary and benefits according to the terms stated in his Contract through
District, the District shall pay Riddick, , the sum of Seventy Thousand and NO/100 Dollars
($70,000.00) (“Total Settlement Payment”). The Total Settlement Payment shall be paid to Riddick,
and delivered to the law offices of Adams, Lynch & Loftin, P.C., 3950 Highway 360, Grapevine,
4. The District shall withhold applicable state and federal deductions, but shall not
withhold any payments to the Teachers Retirement System from the Total Settlement Payment.
5. Notwithstanding anything herein to the contrary, if the District fails to timely make
the Total Settlement Payment in the manner as specifically set forth herein, Riddick shall be entitled
to recover from the District any and all reasonable costs, expenses and attorney’s fees incurred by
Riddick to enforce the provisions of the Agreement regarding the Total Settlement Payment, in
6. On or before 12:00 p.m., October 12, 2020, Riddick shall return to District all keys,
cell phones, computers, credit cards, if any, and other property, if any, of the District in Riddick’s
the District agrees that Riddick may keep the MacBook (laptop) provided by the District as his
personal property. District agrees to take any and all measures necessary to convey the laptop to
Riddick. Riddick agrees to reasonably cooperate with the District to allow the District to obtain any
7. At a time to be mutually agreed upon by and between Riddick and the District, but in
any event no later than 5:00 p.m., October 12, 2020, Riddick shall remove his personal effects and
8. The District and Riddick do hereby agree to be responsible for and pay for each of
their respective attorneys' fees incurred by the District and Riddick in connection with the negotiation
of this Agreement.
the fullest extent permitted by law, releases and discharges Midland ISD, its past, present, and future
trustees, employees, representatives, and assigns, all both in their individual and in their official
capacities, from all claims, causes of action, rights and obligations arising under common law or
under federal or state constitutions or laws and relating to, arising out of or regarding any acts or
10. Riddick further agrees, to the fullest extent permitted by law, to refrain from
instituting, prosecuting, pressing, or in any way aiding in the institution or prosecution of any lawsuit,
claim, action, grievance, appeal or administrative proceeding against Midland ISD, its past, present
and future trustees, employees, representatives, and assigns, both in either their individual or in their
official capacities, for any claim or cause of action regarding, relating to or arising from any acts or
events occurring before the date of execution of this Agreement by Riddick. It is the express and
unequivocal intent of Riddick to release, to the fullest extent permitted by law all claims of any kind
or character whatsoever that Riddick has or might have against Midland ISD, its employees, agents,
capacities, up to and including the date of Riddick’s execution of this Agreement. The Parties
expressly agree that nothing in this Agreement prohibits Riddick from filing an administrative charge
or complaint with the EEOC, or from participating in or assisting the EEOC in the investigation or
processing of any such administrative charge. However, in the event Riddick files or in any way
Riddick hereby waives and releases Riddick’s right to recover monetary damages in any charge,
Riddick’s behalf.
11. In the event Riddick violates the terms of the waivers, releases and discharges
contained in this Agreement, then Riddick shall defend, hold harmless and indemnify Midland ISD,
its past, present and future trustees, employees, representatives, and assigns, all in both their
individual and in their official capacities, from all demands, claims, suits, actions, judgments,
expenses and attorneys’ fees incurred in any legal or administrative proceedings brought by, through,
under, or in the name of, or on behalf of Riddick arising from or in any way related to any released
claim or cause of action regarding, relating to or arising from any acts or events occurring before the
Effective date of execution of this Agreement, including but not limited to any and all costs incurred
to defend against any such released claims, charges, administrative proceedings or suits brought by,
12. The Board, individually and collectively, do hereby agree that each of them shall refer
any third party inquiries regarding Riddick’s employment as an employee of the District and as the
Superintendent of the District to the Agreement through the Board President. The parties agree to
issue a joint public statement attached hereto and incorporated herein by reference as Exhibit “B.”
Nothing in this Agreement should be construed to prevent Riddick from requesting a personal
reference, oral or written, from a District employee or Trustee, in their personal and individual
Riddick.
13. The Agreement constitutes the entirety of the understanding between all the parties
hereto. The Agreement shall be binding upon all the parties hereto, their respective heirs, executors,
14. The Agreement is hereby deemed performable entirely in Midland County, Texas, and
shall be governed, construed and enforced in accordance with and subject to the laws of the State of
Texas. Mandatory and exclusive venue for any lawsuit or adjudicative proceeding brought by either
15. The Agreement may be executed in a number of identical counterparts, each of which
shall be deemed an original for all purposes and all of which shall constitute one document. All the
parties hereto further agree that they shall execute any and all documents necessary to affect the intent
and purposes of the Agreement. Further, except as set forth and subject to terms in paragraph 11.7 of
the Contract that survive termination of the Contract, the Agreement supersedes any and all prior oral
The Agreement may be modified or terminated only in writing, executed by all the parties hereto.
16. The Board of Trustees have 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
SUPERINTENDENT
_____________________________________
ORLANDO RIDDICK, Superintendent
Midland Independent School District
My resignation as the Superintendent and an employee of the Midland Independent School District
is tendered, subject to, and in accordance with, the terms, conditions and provisions of that certain
Voluntary Separation Agreement between the Midland Independent School District and me effective
the 12th day of October, 2020.
Sincerely,
_______________________
ORLANDO RIDDICK, Superintendent
Orlando Riddick has announced his resignation as Superintendent of Schools for the Midland
Independent School District. An Agreement has been reached which allows Mr. Riddick the ability
to pursue other interests and permits the Board to pursue hiring another Superintendent. The Board
and Mr. Riddick have entered into the Agreement believing it is in their respective best interests and
in the best interests of the District.
Mr. Riddick would like to express his heartfelt appreciation to the staff and community for their
support of the District’s programs and services during his term as Superintendent.
The Board extends its best wishes to Mr. Riddick in his future endeavors. On its part, the Board will
soon begin its search for a new Superintendent as not to disrupt the District’s operations.