SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS q Settlement Agreement and Release of Claims (hereinafter referred to as “Agreement” or “Settlement Agceement and Release”) is made and entered into based on the statements contained herein by and between Lorena Gueny (hereinafter referred to as “Gueny”) and the Milwaukee Board of School Directors, its predecessors, suocessors and assigns, its, officers, directors, employees, insurers, agents and representatives, (hereinafter referred to as “the Board’). WHEREAS, Gunny hias filed a legal action with the State of Wisconsin, Department of ‘Workforce Development, Equal Rights Division, Case No. CR202000703, against the Board alleging employment discrimination by retaliation for having engaged in protected activity in violation of the Wisconsin Fair Employment Act; WHEREAS, the Board expressly denies all of the allegations made by Gueny and ‘maintains its position that no violations of Federal or State law, statutory of otherwise, has occurred; and WHEREAS, the Board and Gueny wish to resolve the expense and disruption of any further litigation or dispute between them by amicably entering into this full and final settlement. ‘NOW, THEREFORE, in consideration of their mutual promises as set forth herein with their intention to be mutually and legally bound hereby, Gueny and the Board agree as follows: 1, Gueny, an adult individual, for herself, her heits, personal representatives, executors, administrators, successors, agents and assigns, does hereby release and forever discharge the Board of and from any and all manner of action or actions, cause or causes of action, suits, debts, covenants, contracts, agreements, judgments, executions, claims, and demands and expenses (including attomeys? fees and costs), whatsoever in law or equity,which she has had or now has against the Board for or by reason of any transaction, matter, cause or thing whatsoever up to the date of this Agreement, whether based in tort, express or implied contract, collective bargaining agreement, or any federal, state or local law, statute or regulation, specifically including, but not limited to any and all claims under the Wisconsin Fair Employment Act, Wis. Stats. §§ 111.31-111.395; the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101, et seq.; the federal and state Family and Medical Leave Act; the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621 et seq. Title VIL of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 20006, et seq.; the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201, et seq.; the Federal Rehabilitation Act of 1973, as amended, the Civil Rights Act of 1991; the Municipal Employment Relations Act; 42 US.C. §§ 1981, 1983, 1985, 1986, 1988; Chapter 36 of the Milwaukee Board Charter; and any other applicable statute or authority of law providing a cause of action as to Gueny's employment with the Board, including, but not limited to, any claims which have avisen or could arise out of or are connected with the Board as named or referred to in Gueny’s discrimination complaints filed with the State of Wisconsin, Department of Workforce Development, Equal Rights Division, Case no. CR202000703, cross-filed with the Equal Employment Opportunity Commission as Case No. 26G202000657C; and ERD Case No. CR201901316, cross-filed with the EEOC as Case No. 26G201900819C; and ERD Case No. CR201802983, cross-filed with the EEOC as Case No. 26G201900154C; and any amendment to those complaints, 2. In consideration of Gueny’s release of claims, the other covenants stated herein, ancl the execution of the Settlement Agreement and Release, the Board agrees it will make thefollowing payments in the tot mount of $30,000.00 as soon as practicable after the ‘Agtcement becoming effective and enforceable: 3 a b $11,250.00 payable to Gueny as back pay, with appropriate taxes withheld. $11,250.00 payable to Gueny as general damages. The Board will not withhold any state or federal income taxes from this payment; however, Gueny agrees to complete a W-9 form and provide a copy of the completed W-9 form to the Board, With respect to the aforementioned payments in subsections (2)(a) and (b), Gueny ‘agrees to assume all responsibility for making any payments, or additional payments in relation to the back pay, from the aforementioned amounts for state and federal income and employment taxes that might be determined to be due and owing from her. Gueny acknowledges that the Board has made no representation to her, and has not advised her regarding the tax consequences, if any, that may apply to the payments called for herein, and that he will be solely responsible for tax: consequences, if any, that may result to her due to these payments. The Board will memorialize these payments with a W-2 and 1099 at the appropriate time. $7500.00 payable to Fox & Fox, S.C. With respect to the aforementioned payments in subsection (2)(d), Fox & Pox, 8.C. agrees to complete a W-9 form and provide a copy of the completed W-9 form to the Board, The Board will memorialize these payments with a 1099 atthe appropriate time. Gueny will be promoted to the position of Director I, Bilingual/Multicultural Education assigned to the Department of Bilingual Multicultural Education in the Office of Academics, and her annual salary shall be set at $133,677.28. This promotion shall beeffective as soon as practicable following acceptance of the settlement agreement and through the normal promotion procedure of the Board, 4. Gueny understands that the position that she currently fills, Manager II, Bilingual/Multicultural Education, will be eliminated upon her promotion, and that there is no intent by the Board to fill or reinstate the position going forwerd. 5. MPS acknowledges that it had no internal complaints of any sort filed ot pending against Gueny at any time during the pendency of the actions coneemed in this Agreement. 6, MPS’s counsel, within five days of providing settlement payments, shall notify ALJ John Carlson of the payment, and request to file the previously completed and hheld in abeyance Request to Withdrawal Notice asking for the dismissal of the aforementioned ERD charges and all amendments, with prejudice, Gueny shall take any further steps necessary to discontinue and secure an order of dismissal based upon a private settlement with prejudice and without further attorneys’ fees or costs awarded to any party in said ease, 7. Gueny and the Boatd specifically agree that their execution of this Agreement resolves all claims by either party for compensatory damages, wages, back pay, front pay, attorneys" fees, injunctive relief, costs and expenses in the aforementioned ERD complaints, or otherwise. 8. Itis expressly understood and agreed between the patties that by entering into this Agreement, the Board in no way admits that it has violated any Federal, State, local statute or ordinance, or contractual provision, or was otherwise negligent. It is further understood and agreed that this is a compromise settlement of disputed claims and that neither this Agreement nor the furnishing of the consideration provided for in this Agreement shall bedeemed or construed at any time or for any purpose as an admission of liability by the Board. Liability for any and all claims for relief is expressly denied by the Board. 9, Gueny represents and certifies that she has carefully read and fully understands all of the provisions and effects of this Settlement Agreement and Release, that Gueny is voluntatily entering into this Agreement, and that neither the Board nor its attorney(s) made any representation conceming the terms or effects of this Agreement other than those contained herein, She acknowledges that she has made an independent investigation of the facts and does not rely on any statements or representations by the Board, its agents, or representatives, in entering into this Agreement. 10, Gueny further acknowledges that she is hereby advised by the Board and recognizes that she has 21 days from the date of her receipt of this Agreement within which to consider it, She certifies that she is hereby advised by the Board and recognizes that she may revoke this Agreement within 7 days after having signed it, and she understands that this Agreement shall not become effective or enforceable until this 7-day revocation potiod has expired, 11. Gueny expressly acknowledges that the Settlement Agreement and Release is intended to include in its effect, without limitation, all claims which have arisen and of which she knows or should have known, had reason to know or suspect to exist in her favor at the time of the execution hereof concetning her employment with the Board, and that this Settlement Agreement and Release contemplates the extinguishment of any such claim or claims, consistent with the terms of this Agreement. 12, Bach party to this Settlement Agreement and Release agrees that in the event that any patty breaches the Agreement the breaching party will indemnify and hold the non-breaching party harmless for any costs, damages or expenses, including reasonable attorneys? fecs arising out of the breach of the Agreement by that patty, or ing out of any suit or claim to enforce the Agreement. 13, This Settlement Agreement and Release shall in all respects be interpreted, enforced, and governed under the laws of the State of Wisconsin. 14, Should any specific provision or provisions of this Settlement Agreement and Release be declared or be determined by any court to be illegal, invalid, and/or against public policy, the validity of all remaining parts, terms, or provisions shall not be affected thereby, and said illegal and invalid provision or term shall be deemed not to be part of the Agreement. 15, This Settlement Agreement and Release sets forth the entire Agreement between the parties hereto, and fully supersedes any and all prior agreements or understandings between the parties hereto pertaining to the subject matter hereof. 16, Gueny warrants that, no other person or other legal entity, including any lawyers ot law firms, has any interest in any claims, demands, causes of action, obligations, damages ot liabilities covered by this Agreement; that she has the sole right and exelusive authority to execute this Agreement and to receive the consideration hereunder; and thet, she has not sold, assigned, transferred, conveyed or otherwise disposed of any claim, demand, cause of action, obligation, damage, or liability covered by this Agreement. 17. A facsimile, scanned, or e-mailed version of this Settlement Agreement and Release shall be valid as the original,18, Gueny understands and accepts that this Agreement is subject to, and shall not become effeetive unless and until it is approved by the Milwaukee Boatd of School Directors. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have executed the foregoing Settlement Agreement and Release. Date: Lorena Gueny en bbs. baoar~ Robin Pederson, Deputy City Attorney Attorney for the Milwaukee Board of School Directors