Exhibit,Appendix: Audra Schmitt v. Livonia Central School District, Jeremy Lonneville as Superintendent of Schools of the Livonia Central School District

On July 25, 2023 a Exhibit,Appendix was filed involving a dispute between Audra Schmitt, and Jeremy Lonneville As Superintendent Of Schools Of The Livonia Central School District, Livonia Central School District, for Commercial - Contract in the District Court of Monroe County.

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INDEX NO. E2023008149
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/28/2023
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.

Receipt # 3548236

Book Page CIVIL

Return To: No. Pages: 16’
AIMEE LA FEVER KOCH
Osborn Reed & Burke, LLP Instrument: EXHIBIT(S)
120 Allens Creek Road, Suite 150
Rochester, NY 14618 Control #: 202308281208
Index #: E2023008149

Date: 08/28/2023

Schmitt, Audra Time: 3:50:35 PM

Livonia Central School District
Lonneville, Jeremy

Total Fees Paid: $0.00

Employee:

State of New York

MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.

JAMIE ROMEO

MONROE COUNTY CLERK

NTA
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
In the Matter of
AUDRA SCHMITT,

For a Judgment under Article 78 of the
Civil Practice Laws and Rules

Petitioner, Index No.:
RJI:
-against-

NEW YORK STATE TEACHERS’
RETIREMENT SYSTEM,

Respondent. AFFIRMATION

I, MORGAN B. ANDERSON, an attorney admitted to practice in the State of New York,

affirms the following under penalty of perjury pursuant to Civil Practice Law and Rules §2106:

1 I am Assistant General Counsel for respondent, New York State Teachers’

Retirement System (“NYSTRS” or the “System”). Its membership consists primarily of the

public-school teachers of New York State, excluding New York City.

2. Based upon my position and the documents and records of NYSTRS, I am

familiar with the facts and circumstances of this proceeding. I submit this affirmation for the

purpose of demonstrating the Petition of Audra Schmitt (“Petitioner”) is without merit and,

accordingly, should be dismissed.

3 Petitioner is a retired member of NYSTRS. Petitioner joined NYSTRS on

September 1, 1989, as a Tier 4 member. Petitioner retired from NYSTRS effective April 20,

2022.

EXHIBIT

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4 The Petition provides many allegations regarding issues between the Petitioner

and the Livonia Central School District (the “District”), none of which are the subject of this

action. This proceeding is limited to NYSTRS’ determination that salary and service granted in a

Settlement Agreement (the “Agreement”) between Petitioner and the District for time not

worked are not pensionable, and further, are not includable in the final average salary

calculation. In this proceeding, Petitioner challenges NYSTRS’ determination that the salary and

service reported by the District, for the period of May 19, 2020 through her retirement date of

April 20, 2022, tied to the Agreement with the District requiring her resignation and for which

she performed no work, did not constitute “regular salary” but was rather “termination pay’ and.

therefore, is ineligible for inclusion in the calculation of Petitioner’s final average salary

APPLICABLE LAW

5 It is well-settled law that NYSTRS’ determination must be upheld in this Article

78 proceeding if there is a rational basis to do so. The Court’s review is limited to whether the

administrative determination was arbitrary and capricious and without a rational basis. Pell v.

Union Free School District No. 1, 356 N.Y.S.2d 833 (1974). The Courts have also accorded

deference to NYSTRS’ interpretation of the statutes and regulations it is charged to administer.

John P. v. Whalen, 54 N.Y.2d 89, 95 (1981); Matter of Martone v. NYSTRS, 105 A.D.2d 511

512 (3 Dept. 1984).

6. As a Tier 4 member, Petitioner’s benefit is calculated based upon Petitioner’s

three-year final average salary. Article 15 of Retirement and Social Security Law (“RSSL”)

Section 608 defines the final average salary as follows

For members who first become members of a public retirement
system of the state before April first, two thousand twelve, a
member’s final average salary shall be the average wages earned

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by such member during any three consecutive years which provide
the highest average wage...
7
The System’s rules and regulations, which have the force of law, also define the

three-year final average salary at 21 NYCRR §5003.4 as follows:

Section 5003.4 - Final Average Salary for Members Joining the

System on or After July 1, 1976 and Prior to April 1, 2012

(a) A member’s final average salary shall be the average wages

earned by such a member during any three consecutive years

which provide the highest average wage. . .

(b) Wages shall mean regular compensation earned by and paid to

a member by a public employer.

Education Law §501(11) (b), further defines “final average salary” as follows:

b . commencing July 1, 1969, “Final Average Salary” shall

mean the average regular compensation earned as a teacher

during the three years of actual service immediately preceding his

date of retirement, or any other three years of consecutive service

upon application of the member. . . (emphasis added).

9 “Regular salary” is further defined in 21 NYCRR §5003.1 to “exclude termination

pay and payments which are not part of the salary base and/or are not paid over a period of

years.”

10. “Termination pay” is defined under the System’s rules and regulations at 21

NYCRR §5001.1(d), as “any payment received in anticipation of the termination ofa member’s

employment, for any reason, or any payment for accrued sick leave, annual leave, deferred

compensation, or other credits for time not worked.” (emphasis added).

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ll Education Law §501(19), defines “service” that is eligible for NYSTRS pension

consideration as :

“actual teaching or supervision by the teacher during regular

school hours of the day...”

12. Under the statutes and rules and regulations which govern the System, only

monies that qualify as “regular compensation earned as a teacher” for teaching service may be

included in the three-year final average salary and only actual service or a bona fide leave of

absence will count toward creditable service.

13. NYSTRS publishes Administrative Bulletins to assist employers with their

NYSTRS reporting functions, including but not limited to the reporting of salary. Administrative

Bulletins 2008-2; 2009-3; 2011-2; 2012-2; 2015-2; 2017-2; 2018-3; 2019-2; and 2020-3 were

issued to clarify the System’s position regarding the treatment, for pension purposes, of earnings

paid as a result of a leave of absence prior to retirement’. As stated in the Administrative

Bulletins, paid leaves of absence are not reportable to the System as “regular salary” if such

leave is tied to, or is to be followed by, the employee’s retirement or resignation. Further, the

employee is not entitled to service credit for the period of the leave. Copies of the Administrative

Bulletins published on our website are attached hereto as Exhibit A.

14. NYSTRS also provides outreach characterized as “Reporting Tips” to employers.

This correspondence is issued to provide guidance on many different System rules and

regulations. Reporting Tips published in February 2018, March 2019, December 2019, and

February 2020 all address settlement agreements. As stated in these Reporting Tips publications,

Districts are required by law to provide NYSTRS with copies of any grievance, arbitration award

' Administrative Bulletin 2021-11 is the last bulletin issued on paid leaves of absences prior to retirement, however,
it was published after the Settlement Agreement between the parties was signed.

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or settlement agreement a member enters into with the district. Copies of the Reporting Tips

publications published on our website are attached hereto as Exhibit B.

15. School districts must notify the System of the employment of new teachers.

removals, withdrawals and changes in salary of members that have occurred; and furnish all

records of such information. (N.Y. Educ. Law § 520 (McKinney)) Therefore, districts are

required by law to provide NYSTRS with copies of any grievance, arbitration award or

settlement agreement a member enters into with a district. It is critical that the System is able to

evaluate these agreements as soon as possible to determine whether these payments are

pensionable and to ensure service and salary have been reported properly

16. NYSTRS also publishes an Employer Manual as a resource to assist employers.

Section 4 of the Employer Manual addresses reporting payments to NYSTRS including

settlements, and instructs that payment for arbitration awards, settlement agreements, grievances

and litigation may or may not be usable in a final average salary (FAS). The Employer Manual

specifies that any leaves granted in exchange for (or in conjunction with) cessation of

employment, resignation, or a retirement election, is considered Termination Payment, and

therefore, is not pensionable. Further, the Employer Manual requires a district to forward any

agreements to NYSTRS for evaluation, as per state Education Law. A copy of Section 4 of the

Employer Manual is attached hereto as Exhibit C.

APPLICABLE FACTS AND ANALYSIS

17. On or about December 11, 2019, Petitioner went on sick leave from the District

at which time, she was still earning pensionable salary and service.

18 On May 19, 2020, the District and Petitioner entered into the Agreement setting

forth the terms of Petitioner’s resignation and separation from the District. Upon signing the

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Agreement, Petitioner was no longer on sick leave status, making her ineligible to continue

earning pensionable service and salary. A copy of the Agreement is attached as Exhibit D.

19 Petitioner contends that after signing the Agreement, she continued her

employment with the District, and remained on sick leave status. Based on the language in the

Agreement, there is no mention of remaining on sick leave status, in fact, Section 3.a of the

Agreement explicitly states that “no further deductions from sick days or vacation days shall be

made.”

20. By executing the Agreement, the parties agreed to avoid and settle any and all

disputes and potential disputes arising out of Petitioner’s employment with the District.

ln Section 3.c. of the Agreement requires Petitioner to resign from the District

effective April 20, 2022. The Agreement specifically states that the resignation is irrevocable.

22. Section 3.1. of the Agreement states that Petitioner will serve as an administrator

on special assignment until April 20, 2022, then she will voluntarily resign. Further, Section 3.d.

of the Agreement confirms that the District will continue to report Petitioner as an active

employee/administrator on special assignment.

23. Section 5 of the Agreement speaks to the release and waiver of all claims, and

states that the parties voluntarily release each other from any and all claims, charges and causes

of action.

24. On May 19, 2020, the District Board of Education approved the Agreement and

authorized the Board President to execute the Agreement on behalf of the District. Please see the

Board meeting minutes together with an email from a District employee identifying Petitioner as

“Employee #2199” attached hereto as Exhibit E.

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25. The Agreement did not require Petitioner to perform any job duties in exchange

for the salary she received from May 19, 2020, through the effective date of her resignation April

20, 2022. Section 3.j. of the Agreement states “this Agreement does not require any work

requirements for the District by Ms. Schmitt for the 2019-2020, 2020-2021, and 2021-2022

school years and the District may not require any work from Petitioner whatsoever.” In fact,

Petitioner was required to return a District owned laptop, as well as remove all belongings from

her office at the school.

26. Even with the language regarding no requirement for work duties in the

Agreement being clear and concise, the System still confirmed with the District that Petitioner

was not assigned any job duties during this time period. A copy of the email dated June 14, 2022,

confirming no job duties were performed by Petitioner is attached hereto as Exhibit F.

27. It is well-established that mutual agreements between parties providing long-term

paid leave arrangements without any work functions/public service are not reportable to the

System as “regular salary” if such leave is tied to, or is to be followed by, the employee’s

retirement or resignation. While Petitioner and the District are free to negotiate terms of

employment and/or separation therefrom and to characterize compensation as they see fit, neither

party possesses the statutory authority or discretion to determine or grant pensionability, and may

certainly not bind the System to the same. Such authority and the discretion to interpret and

apply its governing statutes and rules and regulations rests with NYSTRS.

NYSTRS’ Determination

28. The record, the facts and the circumstances surrounding Petitioner’s salary and

claimed service reasonably support NYSTRS’ determination that the $162,797.83 monies

Petitioner received from the District during the period of May 19, 2020 (date the Agreement was

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signed) through April 20, 2022 (effective date of retirement) did not qualify as regular

compensation” nor did she render any teaching service during that time period. Rather, and as

evidenced by the language of the Agreement, the true nature of the monies at-issue is

“termination pay” in exchange and conditioned upon Petitioner’s resignation from employment

in exchange for a settlement of a dispute between the District and the Petitioner. As such,

NYSTRS issued its preliminary determination on July 26, 2022, excluding both the at-issue

salary and claimed service credit for the time period May 19, 2020 through April 20 2022, from

pension consideration. A copy of the preliminary determination letter is attached hereto as

Exhibit G.

29. On November 14, 2022, NYSTRS received a response from Petitioner’s attorney

regarding the preliminary determination letter. The letter did not provide any further evidence to

support Petitioner’s claim for salary and service credit. Further, Petitioner’s attorney confirms:

(i) the Agreement required Petitioner’s irrevocable resignation; and (ii) there were no work

requirements for the time period of May 19, 2020, to April 20, 2022. A copy of the letter from

Petitioner’s attorney is attached as Exhibit H.

30. Upon a thorough review of Petitioner’s response letter, NYSTRS issued another

letter informing Petitioner that the System did not find cause to revise or reverse our preliminary

determination. The System’s decision to remove the salary and service credit from the time

period of March 19, 2020, through April 20, 2022 was a final determination as of November 30.

2022. A copy of the final determination letter dated November 30, 2022 is attached hereto as

Exhibit I

31 An agreement between a district and an employee concerning credit for service

and salary in the System is not binding on the System. The System was not a party to this

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Agreement. The courts have held that New York’s public retirement systems are not required to

give credit for periods of time during which a member is not rendering actual service. See Matter

of Cassidy v. Regan, 160 A.D.2d 1210 (1990); Matter of Davies v. New York State & Local

Police & Fireman Retirement Sys., 259 A.D.2d 912, 914 (1999)]. As the Appellate Division

observed:

“in determining what constitutes termination pay or compensation

paid in anticipation of retirement, we must look to the substance of

the transaction and not to what the parties may label it.” Green v.

Regan, 103 A.D.2d 878, 878-879 (3rd Dept. 1984).

32. The Courts have further held that no agreement between an employer and its

employees can bind NYSTRS regarding pension issues and that “employers and employees

cannot agree to alter the rights and obligations of either with respect to the retirement system.”

Holbert v. NYSTRS, 43 A.D.3d 530 (3% Dept., 2007).
33. Case law is well-settled that payments made to an employee in consideration of

resignation are distinguished from compensation earned for services and are not includable in the

calculation of final average salary. Hall v. New York State Teachers’ Retirement System, 266

A.D.2d 638 (3% Dept. 1999)]
34. Where such payments are made pursuant to an individually negotiated agreement

which requires the participant’s resignation, such as the instant case, such payments cannot be

deemed “compensation earned as a teacher.” See Matter of Hadley-Luzerne Central School

District v. New York State Teachers’ Retirement System, (Albany Cnty Sup. Ct., Hon. Vincent G.

Bradley, March 15, 1993) and Matter of Decker v. New York State Teachers’ Retirement System,

(Albany Cnty Sup. Ct., Hon. Anthony J. Carpinello, March 31, 1995) (court upheld retirement

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system’s determinations excluding resignation-related monies from the pension calculation);

Matter of Horowitz v. New York State Teachers’ Retirement System, 293 A.D.2d 861 (3 Dept.

2002) (court upheld exclusion of lump-sum payment provided by a separate agreement executed

on the same day petitioner tendered his resignation).

CONCLUSION

35. While the System acknowledges the allegations leading to the settlement of this

matter, once the Petitioner entered into the Agreement and received full payment for the

remainder of the 2019-20 school year; wages plus continued health, dental and vision benefits

for the 2020-21 and 2021-22 school years; submitted an irrevocable resignation; and did not

perform any work for the school years in question, the at-issue service and salary constitutes

termination pay and/or payments in exchange for resignation rather than regular compensation

eared for teaching services defined within the NYSTRS’ governing statutes and rules and

regulations. Furthermore, as Petitioner did not render bona fide teaching services as defined

within the governing statutes and rules and regulations for such termination pay, no service

credit can be granted for the period of March 19, 2020, through April 20, 2022.

36. While NYSTRS can empathize with the circumstances described in the Petition, it

is not NYSTRS’ role to judge the circumstances leading up to the execution of a separation or

settlement agreement, nor the parties’ intentions in entering into an agreement. NYSTRS’ role is

to review the pensionability of payments made in accordance with the Agreement.

37. NYSTRS respectfully submits that the above determination is rationally based

upon the records, and is neither arbitrary nor capricious, or evidences any abuse of discretion or

unreasonable interpretation or application of its governing statutes and rules regulations. As

such, this Petition should be dismissed in its entirety and NYSTRS’ final determination upheld.

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NEN
MORGAN B. ANDERSON

Dated: June 22, 2023
Albany, New York

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Acknowledgement Form

State of New Yack

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County of Aman )

On the aa day of Daqc in the year QyQ3before me, the undersigned notary

public, personally appeared FAG Acder SQD_, personally known to me or proved

to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)

executed the same
subscribed to the within instrument and acknowledged to me that he/she/they
instrument, the
in his/her/their capacity(ies), and that by his/her/their signature(s) on the
the
individual(s), or the person upon behalf of which the individual(s) acted, executed

instrument.

Diana. ~Mlotben Notary Public
WANETTE ALSTON
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 01AL6141719
Qualified in Albany County
Commission Expires February 27, 2029

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STATE OF NEW YORK SUPREME COURT
COUNTY OF ALBANY

In the Matter of the Application of

AUDRA SCHMITT,

Petitioner,

-against- Index No. 902786-23

THE NEW YORK STATE TEACHERS’ RETIREMENT
SYSTEM,

Respondent.

MEMORANDUM OF LAW IN OPPOSITION

LETITIA JAMES
Attorney General of the State of New York
Attorney for the Respondent The New York
State Teachers’ Retirement System
The Capitol
Albany, New York 12224

Alexander Powhida
Assistant Attorney General
Tel: (518) 776-2584
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TABLE OF CONTENTS

PRELIMINARY STATEMENT

STATEMENT OF FACTS

STANDARD OF REVIEW

ARGUMENT

POINT I

THE NEW YORK STATE TEACHERS’ RETIREMENT SYSTEM DID NOT ACT IN
AN ARBITRARY AND CAPRICIOUS MANNER, WHEN IT RECALCULATED
PETITONER’S RETIREMENT SERVICE CREDIT

CONCLUSION 15

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PRELIMINARY STATEMENT

In this CPLR Article 78 action, Petitioner Audra Schmitt seeks to annul the re-calculation

of her final average salary and service credit by Respondent The New York State Teachers’

Retirement System (“NYSTRS”), the result of which would be to compel NYSTRS to provide

Petitioner retirement benefits for money paid in exchange for her agreement to resign and to credit

service for time in which she did no work. See NYSCEF Dkt No. 1, Verified Petition 1, 42-57;

NYSCEF Dkt No. 10, Schmitt Aff., Exhibit G, Separation Agreement.

Petitioner’s claim that NYSTRS acted in an arbitrary and capricious manner and in error

of law is without merit. NYSTRS reasonably determined that the salary and service reported by

the Livonia Central School District (the “District”) for the period of May 19, 2020 to April 20,

2022, paid under a separation agreement with the District, did not constitute “regular salary” and

was instead “termination pay” ineligible for inclusion in the calculation of Petitioner’s final

average salary. Since Petitioner did not render bona fide teaching services as defined within the

governing statutes, rules and regulations for inclusion in her retirement calculation, no service

credit was due for the period. These determinations were both the rational construction of the

separation agreement and in keeping with established precedent.

Petitioner’s claim that the period during which she was paid in exchange for her

termination should be classified as sick or other leave, entitling her to credit, ignores the plain

language of the separation agreement. Neither the District nor Petitioner designated her as on a

medical leave or on any other protected status leave, any claim for which Petitioner specifically

released. Instead, she was designated as an administrator on a special project and paid money in

exchange for no services to secure her separation and termination from the District. NYSTRS’

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determination to classify the time as the parties’ themselves classified it in the separation

agreement, rather than as a post hoc designation concocted by Petitioner in this action, is neither

arbitrary nor capricious.

The Petition should be dismissed in its entirety.

STATEMENT OF FACTS

Petitioner joined the NYSTRS on September 1, 1989, as a Tier 4 member. See Affidavit

of Morgan B. Anderson, dated June 22, 2023, 43; Affidavit of Audra Schmitt, dated March 30,

2023, 5; Petition 4. From July 2016 to April 20, 2022, Petitioner was employed by the District

as an administrator. See Schmitt Aff. §8. Petitioner was on a claimed leave of absence between

December 12, 2019 and May 19, 2022, see Schmitt Aff. 4931-32, after which Petitioner entered

into a “Separation Agreement Including Severance and Release and Waiver of Claims”

(“Separation Agreement”) in which the District agreed to make payments to her in exchange for

her immediate separation from the District and her immediate agreement to retire effective April

20, 2022. See Schmitt Aff., Ex. G, Separation Agreement §3.d. Petitioner ceased providing any

services to the District from May 19, 2019, and filed a notice of retirement on April 20, 2022. See

Schmitt Aff., Ex. G, Separation Agreement §3.d., and Petition 27.

Thereafter, Petitioner made an application for her retirement benefits to NYSTRS without

disclosing the existence or the terms of the Separation Agreement, and she began receiving a

pension based upon a calculation that Petitioner had achieved 30-years of creditable service. See

Petition §28 and Schmitt Aff. {]42. Upon learning the accurate terms of her final two years of

“employment” with the District, NYSTRS re-calculated Petitioner’s final pay and service credit to

reflect the correct information, which determination precipitated this action. See Petition {{]42-50.

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A NYSTRS Retirement Framework

Petitioner is a NYSTRS member and has retirement benefits through NYSTRS. See

Petition §4 and 28. Asa Tier 4 member, Petitioner’s benefit is calculated based upon Petitioner’s

three-year final average salary. See Anderson Aff 6. Article 15 of Retirement and Social Security

Law (“RSSL”) Section 608 defines the final average salary as follows:

For members who first become members of a public retirement
system of the state before April first, two thousand twelve, a
member’s final average salary shall be the average wages earned by
such member during any three consecutive years which provide the
highest average wage...

RSSL §608. See Anderson Aff. 6. The NYSTRS’s rules and regulations, which have the force

of law, also define the three-year final average salary at 21 NYCRR §5003.4 as follows:

Section 5003.4 - Final Average Salary for Members Joining the
System on or After July 1, 1976 and Prior to April 1, 2012
(a) A member’s final average salary shall be the average wages
earned by such a member during any three consecutive years
which provide the highest average wage. . .
(b) Wages shall mean regular compensation earned by and paid to a
member by a public employer.

21 N.Y.C.R.R. §5003.4. See Anderson Aff. {7. Education Law §501(11) (b), further defines “final

average salary” as follows:

.... commencing July 1, 1969, “Final Average Salary” shall mean
the average regular compensation earned as a teacher during the
three years of actual service immediately preceding his date of
retirement, or any other three years of consecutive service upon
application of the member. . . (emphases added).

Educ. §501. See Anderson Aff. 98. “Regular salary” is further defined in 21 NYCRR §5003.1 to

“exclude termination pay and payments which are not part of the salary base and/or are not paid

over a period of years.” 21 N.Y.C.R.R. §5003.1. See Anderson Aff. 49

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“Termination pay” is defined under the NYSTRS’s rules and regulations at 21 NYCRR

§5001.1(d), as “any payment received in anticipation of the termination of a member’s

employment, for any reason, or any payment for accrued sick leave, annual leave, deferred

compensation, or other credits for time not worked.” (emphasis added). 21 N.Y.C.R.R.

§5001.1(d). See Anderson Aff. $10.
Furthermore, as concerns service credit, Education Law §501(19), defines “service” that is

eligible for NYSTRS pension consideration as: “actual teaching or supervision by the teacher

during regular school hours of the day....” Educ. §501(19). See Anderson Aff. 11. The System’s

regulations do allow for service credit for a bona fide leave of absence. See 21 N.Y.C.R.R.

§5001.3.
Under the statutes and rules and regulations which govern the System, only monies that

qualify as “regular compensation earned as a teacher” for teaching service may be included in

the three-year final average salary and only actual service or a bona fide leave of absence will

count toward creditable service. See Anderson Aff., {[12.

B Petitioner’s Termination and Separation Agreement

Petitioner has detailed various employment-related allegations against the District

Superintendent in the Petition.! See generally Dkt No. 1, Petition (911-19; Schmitt Aff., Ex. A,

Petitioner Letter to District Board of Education. Petitioner claimed that she suffered stress because

of the Superintendent’s conduct, resulting in her taking sick leave. See Dkt No. 1, Petition {{]31-

32; Schmitt Aff. 26-32. Petitioner also alleges that she was to be imminently terminated by the

District for an asserted performance deficiency by the District Superintendent when she then made

1 Respondent had no role in the matters between Petitioner, the District Superintendent, and the District, and has no
direct knowledge thereof.
4

ae
ONROE COUNTY _CLERK 030300 23-93=40-7h INDEEXNG E 2823008068 149
NYSCEF BoC. WO. 5 RECEDED WCE, BY /e ods

her own claim against the District Superintendent known to the District Board of Education and

threatened a legal action against the District if she were terminated. See Dkt No. 1, Petition {{]19-

21. The District’s desire to terminate her and her responsive threat of litigation resulted in the

Petitioner and District entering into the Separation Agreement. See Dkt No. 1, Petition {]22-23.

As is revealed by the title of the document itself, the Separation Agreement was an agreement in

which the District secured Petitioner’s termination of employment in exchange for various

consideration. See Dkt No. 1, Petition {19-23 and Schmitt Aff., Ex. G, Separation Agreement.

The Separation Agreement recites that: “By executing this Agreement, the District and Ms.

Schmitt wish to avoid and settle any and all disputes and potential disputes arising out of her

employment with the District.” See Schmitt Aff, Ex. G, Separation Agreement Q2.c. The

Separation Agreement provided that, “[b]y signature on this agreement and provided that the

District complies with the terms

Case Info

Judge

Daniel J Doyle Track Judge’s New Case

Case No.

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Document Filed Date

August 28, 2023

Case Filing Date

July 25, 2023

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Exhibit,Appendix: Audra Schmitt v. Livonia Central School District, Jeremy Lonneville as Superintendent of Schools of the Livonia Central School District

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