PINE GROVE — Details of the separation agreement between former Pine Grove Area Superintendent Kendy Klahr Hinkel and the district include a covenant not to sue, acknowledgement of no wrongdoing, ability to use up banked time, full salary and benefits, in addition to a lump sum settlement payment of more than $67,000.
The Pine Grove Area School District provided the information Thursday in response to The Republican-Herald’s Right-To-Know Request submitted Feb. 18.
Acting superintendent Terrence Maher is the Open Records Officer. The Republican-Herald contacted Maher’s office Monday, and he said he’d have the information available at Thursday’s board’s meeting, which he supplied. Maher has been serving as acting superintendent since Feb. 11 when the board appointed him to the post at a daily stipend of $325.
Hinkel had been on bereavement leave since Jan. 2016, following the death of her husband in 2015.
The five-page separation agreement, signed Feb. 11 by the board and Feb. 12 by Hinkel, is for the contract period beginning Nov. 1, 2013, and ending June 30, 2017. It includes the following:
1. Resignation date — Hinkel resigns from her position as superintendent, effective May 19, 2016.
2. Approved leave of absence — Effective Jan. 26 through May 19, 2016, Hinkel shall be on a school district approved leave of absence with full pay, during which she shall exhaust all unused vacation and personal leave and bereavement leave. The payment for the approved leave of absence shall be in a form and manner that meets the requirements set forth by the Pennsylvania Public School Employees’ Retirement System as retirement-covered compensation from Jan. 26 through May 19. The district shall continue to make its required PSERS contributions on behalf of Hinkel and deduct from her salary her required PSERS contributions through May 19.
3. Fringe benefits — During her approved leave, in addition to her salary, the district shall provide and Hinkel shall retain all benefits through May 31. However, Hinkel will not be entitled to receive any payment for unused but accrued sick days nor will she be entitled to accrue sick, vacation or personal leave during the approved leave from Jan. 26 to May 19.
4. Early resignation — Hinkel shall be on an approved paid leave of absence effective Jan. 26 and she will receive her full salary and benefits until May 19. If Hinkel becomes employed prior to May 19 by any public school district in any capacity where she is earning an annual salary of at least $115,000, Hinkel agrees that her approved leave and the school district’s obligation to pay salary and benefits shall cease at the close of business prior to the first effective date of Hinkel’s employment with that new public school district.
5. Settlement amount — In addition to her approved leave of absence with full pay and benefits, on or before May 19, the district shall provide Hinkel with a lump sum payment of $67,635. Hinkel acknowledges and understands that she is responsible for paying all appropriate taxes on the lump sum payment.
6. Waiver of notice requirements — The district waives any and all notice requirements and repayment obligations regarding Hinkel and her employment with the district, including but not limited to her notice of resignation.
7. Return of school district property — Hinkel shall return all district keys, computers, electronic devices and equipment, and/or confidential materials belonging to the district that are in her possession by no later than Feb. 12 or another mutually agreed-upon date. Hinkel shall vacate her office by Feb. 12.
8. Public statement — The district shall issue a public statement regarding Hinkel’s leave of absence and separation from employment, made a part hereof as Appendix B. The district and its staff shall respond to prospective employment inquiries from potential new employers of Hinkel consistent with the public statement in Appendix B. The district further agrees that no member of the board, central office administrators and human resources staff of the district shall make any statement regarding Hinkel that is inconsistent with or contrary to the public statement in Appendix B.
9. No disparagement — Hinkel agrees not to engage in any communications (whether verbal or written) that will disparage the district or board of directors, unless required to do so pursuant to law, court order, administrative order or a validly issued subpoena. The district, including its board members, central office administrators and human resources staff, and agents, agrees not to engage in any communications that will disparage Hinkel or interfere with her existing or future professional employment relationships, unless required to do so pursuant to law, court order, administrative order or a validly issued subpoena.
10. Mutual release — (Summarizing) both parties waive the right to any further recovery of any other damages, costs, fees, or wages.
11. Covenant not to sue — Hinkel agrees she will not bring any civil action, suit, grievance, claim or administrative complaint against the district, or its officers, directors and agents, collectively, or individually, or contest the validity of the agreement or attempt to negate or reform it. The district agrees likewise that it will not bring any civil action, suit, grievance, claim or administrative complaint against Hinkel, or contest the validity of the agreement. Nothing in the paragraph is intended, though, to prevent either party from bringing an action to enforce the provisions of the agreement.
12. Acknowledgement of no wrongdoing — The district acknowledges and certifies that there are no ongoing or outstanding investigations or adverse employment actions against Hinkel, including but not limited to, unsatisfactory evaluations, investigation reports, or negative documentation of any kind regarding her and her performance as superintendent. The district agrees that it shall not initiate any investigation of Hinkel unless new information not currently known by the district comes to the attention of the district, and that has the reasonable probability of being verified, and where the district is statutorily and/or legally obligated to investigate.
13. Obligation to defend, hold harmless, and indemnify Hinkel — The district shall continue to defend, hold harmless and indemnify Hinkel from any and all demands, claims, suits, actions and legal proceedings brought against Hinkel in her individual capacity or in her official capacity, provided that such demands, claims, suits, actions, and legal proceedings arose while Hinkel was acting, or reasonably believed she was acting, within the scope of her employment. In no case shall individual board members be considered personally liable for indemnifying Hinkel against such actions.
Five other points on severable provisions, governing law and modifications, and miscellaneous terms are listed in the agreement.