“It’s a decision the entire board will have to make,” Bartlett said Thursday afternoon. “We want to be very deliberative about it and be sure all board members are comfortable with it.”
The next regularly scheduled BOE meeting is Jan. 4. Bartlett said it’s possible that the BOE could hold a called meeting before then to discuss the matter.
According to the Dec. 7 agreement between the BOE and the Sherrod and Bernard law firm, Sherrod and Bernard’s counsel duties will end at 5 p.m., Dec. 31.
The school system will pay $147,637.50 in severance pay to Sherrod and Bernard during the first week of January, according to the agreement.
The Douglas County Sentinel recently obtained a copy of this agreement which was unanimously approved by the board after it was announced that Sherrod and Bernard would resign its position as general counsel for the school district.
The severance amount represents six months’ pay for services under the contract between the law firm and school system approved last June 15. However, Sherrod and Bernard waived rights to additional compensation under the contract which would have included pay for the balance of the one-year contract term.
The Dec. 7 agreement includes a clause where both parties waive rights to file lawsuits against the other on any claims arising during the term of the contract. Sherrod and Bernard agree not to represent any client bringing action against the school district until Jan. 1, 2011.
The agreement commends “the outstanding legal services provided by Sherrod and Bernard to the district for the past 12 years.”
Under the agreement terms, Sherrod and Bernard agree to “ensure a smooth transition” to new counsel and agree to deliver all open files and attorney work product by Jan. 31, unless needed sooner. The firm also agrees to supply a list of all pending legal matters, along with any deadlines associated with them, by Jan. 4.
Both parties agree that any disputes arising out of the Dec. 7 agreement will be settled by arbitration, in accordance with the most recent Commercial Dispute Resolution Rules of the American Arbitration Association.