Lancaster ISD Amended Petition

FILED
1 TRO - 1 NOT ESERVE 11/17/2020 10:27 AM

FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Belinda Hernandez DEPUTY
CAUSE NO. DC-20-16656
MARION HAMILTON, TY G. JONES, § IN THE DISTRICT COURT OF

and, CAROLYN ANN MORRIS, §
Plaintiffs,
2
v. § 116th JUDICIAL DISTRICT
§
LANCASTER INDEPENDENT SCHOOL §
DISTRICT, § DALLAS COUNTY, TEXAS
Defendant.
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION

FOR INJUNCTION [AND DAMAGES]
TO THE HONORABLE JUDGE OF SAID COURT:
Now come Marion Hamilton, Ty G. Jones, and Carolyn Ann Morris (“Plaintiffs”), and
brings this, their First Amended Original Petition for injunctive relief against Lancaster
Independent School District (“Lancaster ISD,” the “District,” or “Defendant”). Plaintiffs reserve
the right to replead this First Amended Original Petition if new claims and/or issues arise upon
development of the facts. In support thereof, Plaintiffs respectfully show as follows.
LEVEL OFIDISCOVERY
1. Discovery in this case is intended to be conducted under Level 2, Texas Rule of
Civil Procedure 190.2.
II.
PARTIES
2. PlaintiffMarion Hamilton is an individual citizen ofthe State of Texas and is a duly
elected board member of the Defendant’s Board of Trustees. She resides in Dallas County, Texas.
Plaintiffs’ First Amended Original Petition and

Request for Disclosure Page 1
3. Plaintiff Ty G. Jones is an in an individual citizen of the State of Texas and is a
duly elected board member of the Defendant’s Board of Trustees. He resides in Dallas County,
Texas.
4. Plaintiff Carolyn Ann Morris is an individual citizen of the State of Texas and is a
duly elected board member of the Defendant’s Board of Trustees. She resides in Dallas County,
Texas.
5. Defendant Lancaster ISD is a school district organized under the laws of the State
of Texas. Lancaster ISD operates in Dallas County in the State of Texas and may be served
through its Acting Superintendent, Shemeka Millner (“Millner”), at 422 S. Centre Avenue
Lancaster, Texas 75146.
III.
JURISDICTION AND VENUE
6. This Court has jurisdiction over this case because Plaintiffs seek monetary relief
for actual and compensatory damages in an amount over $100,000.00 or less and non-monetary
relief, which is in an amount and of a character within this Court’s jurisdiction.
7. Venue of this action lies in Dallas County, where all or a substantial part of the
events or omissions giving rise to Plaintiffs’ cause of action arose or occurred.
8. All conditions precedent to suit have been satised.
IV.
REQUEST FOR DISCLOSURES
9. Pursuant to Rule 194, Lancaster ISD is requested to disclose, within 50 days of
service of this request, the information or material described in Rule 194.2.

V.
FACTS
10. On October 29, 2020, Defendant’s Board of Trustees (the “Board”) voted to extend
the now-resigned Superintendent Elijah Granger’s (“Granger”) Contract (the “Superintendent’s
Contract”) for a period of October 29, 2020 until October 28, 2025 (the “Contract Term”). (Q
A; see also (Granger’s prior contract of employment dated May 9, 2019).)
11. The Superintendent’s Contract provides that Granger’s annual salary would be
$3 15,000 annually. (Ex. A at 11 3.1.) The Superintendent’s Contract further provides that if the
Board elects to unilaterally terminate the Superintendent’s Contract, the Board shall pay the
Superintendent a severance amount of aggregate amount of salary and benets he would have
earned through the Contract Term.
12. On the same day, the District issued to Granger, upon information and belief, a
positive evaluation of his Superintendent performance for the 2019-20 school year.
13. No known disputes (major or minor) arose in the one-week time between the
District and Granger between October 29, 2020 (the date of his new ve-year Superintendent’s
Contract) and November 6, 2020 (the date of the posted agenda, infra).
14. The Board never gave notice of intent to unilaterally terminate the Superintendent’s
Contract, and never took action to unilaterally terminate the Superintendent’s Contract.
15. The only action of any note which occurred between October 29, 2020 and
November 6, 2020 was the Board’s president, Ellen Clark, was defeated in the November 3, 2020
election.1
1
This data is pulled from publicly available election result information. Dallas County Election Results,
available at https://resu1ts.enr.clarityelections.com/TX/Dallas/l06273/web.2646l4/#/summary?category=C_5 (last
Visited November 16, 2020). Such facts can be accurately and readily determined from the governmental website, a
source whose accuracy cannot reasonably be questioned, permitting the Court to take judicial notice 0f these
adjudicative facts. Tex. R. Evid. 20 1 (b)(2).

16. On November 6, 2020, at 2:00pm, Defendant posted its Notice of a Board Agenda
for a meeting scheduled November 9, 2020 at 2:00pm. The Notice informed the public
that the Board would, in closed session, consult with legal counsel concerning the Proposed
Voluntary Separation Agreement and Release and Employment Status of Superintendent. The
Agenda further advises that the Board would Reconvene in Open Session to Discuss and Take
Appropriate Action Regarding Proposed Voluntary Separation Agreement and Release and
Employment Status of Superintendent.
17. Thereafter by email dated November 8, 2020, Ms. Hamilton, as a board member,
requested a copy of the proposed Voluntary Separation Agreement and Release and Employment
Status of Superintendent in order to review it before the Board’s meeting scheduled for November
9, 2020. Granger responded denying Ms. Hamilton the opportunity to review the Agreement
before the meeting.
18. As elected ofcials of single-member districts, the lack of advance notice deprived
Plaintiffs of the opportunity to properly represent the constituents for which they have been elected
to serve. The Plaintiffs believed that the lack of access to information would likely have an adverse
impact to funding the education of Defendant’s students, including providing appropriate services
to students, supporting staff and ensuring scal and academic success for Lancaster ISD.
19. At the November 9, 2020 Board meeting, Plaintiffs for the rst time were allowed
to review (via “shared screen” on Zoom) the Voluntary Severance Agreement and Release (the
“Severance Agreement”) to be discussed at the meeting. (M)

20. The Severance Agreement provided, among other things:
a. A payment to Granger of $2,036,567.07 to be made within ten (10) days after a
seven-day revocation period (the “Payoff’);

b. A covenant that the District waived all claims against Granger;
c. A covenant binding the District not to sue Granger;
d. No statement of consideration conveyed to the District.
21. The terms of the Severance Agreement were discussed only in closed meeting and
the Board’s president did not give Plaintiffs an opportunity to deliberate the Severance Agreement
or Payoff in open session. The Board did not state, in open meeting, the reason the excessive
payment was offered to Granger (including the public purpose served), and the exact amount of
the excess payment, the source of the payment, and/or the terms for distribution that would effect
and maintain the public purpose to be served.
22. Plaintiffs voted against adoption of the Severance Agreement. Nonetheless, four
of the seven Board members voted to adopt the Severance Agreement.
23. The Payoff amount is not a budgeted expense for the District, and payment would
adoption of a new budget removing funds from a budgeted purpose in order to fulll the Payoff.
24. The Texas Education Code § 44.052(c) provides that a trustee of a school district
who votes to approve any expenditure of school funds in excess of the item or items appropriated
in the adopted budget or a supplementary or amended budget commits a Class-C misdemeanor
offense.
25. The Texas Education Code § 11.201(c) provides that the District will be deprived
of the Commissioner of Education’s Foundation School Program (“FSP”) by the amount of the
severance payment to Granger which exceeds one year’s salary and benets under the terminated
Superintendent’s Contract.
26. Accordingly, and in addition to the loss of $2,036,567.07 Payoff to Granger, LISD
will also lose no less than $1,629,253.66 in FSP funding from the state (assuming that the Payoff

amount accurately reects what Granger would have been entitled to for the term of the
Superintendent’s Contract).
27. Plaintiffs’ harm suffered is as a result of Lancaster ISD’s malice or reckless
indifference for which Plaintiffs seek damages.
VI.
THE SEVERANCE AGREENIENT IS VOID
28. Plaintiffs incorporate their statement of facts as if fully set forth herein.
29. Texas Local Government Code § 180.007 requires school districts to hold a public
hearing before paying an employee more than an amount owed under a contract. The section
provides that the Board must state, in its public hearing, that the reason the excessive payment is
being offered (including the public purpose served), and the exact amount of the excess payment,
the source of the payment, and the terms for distribution that would effect and maintain the public
purpose to be served. Tex. Loc. Gov’t Code § 180.007(c).
30. Five years of annual salary was not “owed” under the Superintendent’s Contract
given that the Board did not take action to unilaterally terminate the Superintendent’s Contract.
3 1. For the 2020-2021 school year, the only amount owed under the Superintendent’s
Contract, if any amount is owed, is Granger’s $3 l 5,000 annual salary, plus benets.
32. Neither the Severance Agreement nor the Payoffwere discussed in a public hearing.
Moreover, no notice of such a public hearing was included in the posted Agenda for the meeting
held November 6, 2020. Indeed, the Board did not address the requirements of Texas Local
Government Code § 180.007(c) in a public hearing.
33. For these reasons, the Severance Agreement is void.

THE SEVERANCE :IGLREEMENT VIOLATES
TEXAS CONSTITUTION ARTICLE III, SECTION 51
35. Section 51 of article III of the Texas Constitution prohibits the Legislature om
authorizing a grant of public moneys “to any individual, association of individuals, municipal or
other corporations whatsoever,” with certain exceptions.
36. The attorney general has devised a three-part test applicable to political
subdivisions exercising delegated legislative powers, requiring governmental bodies to:
a. Ensure the predominant purpose of the expenditure is to accomplish a public
purpose, not to benet private parties;
b. Retain public control over funds to ensure that the public purpose is accomplished
and protect the public’s investment; and
c. Ensure that the political subdivision receives a return benet.
See Tex. Att’y Gen. Op. No. GA-0076 (2003) (citing Tex. Mun. League Intergovernmental Risk
Pool, 74 S.W.3d 377, 384 (Tex. 2002)).
37. The Severance Agreement and Payoff do not serve the public purpose bestowed to
the Lancaster Independent School District, which is to ensure that all children in its District have
access to a quality education that enables them to achieve their potential and fully participate now
and in the future in the social, economic, and educational opportunities of our state and nation. See
Tex. Educ. Code § 4.001(a).
38. The Severance Agreement deprives Plaintiffs from ensuring public control over
funds to ensure that the public purpose is accomplished and/or to protect the public’s investment.

39. The District has not received any apparent return benet for the use of the public
funds.
40. For these reasons, the Severance Agreement is void.
VIII.
THE SEVERANCE AGREEMENT IS UNENFORCEABLE
42. Consideration is an essential element of a contract of settlement. Aubrey v.
Workman, 384 S.W.2d 389, 393 (Tex. Civ. App—Fort Worth 1964, writ ref’d n.r.e.). The
compromise of a disputed claim or a doubtful right is sufcient consideration to support a
settlement. E.g., Glover v. Glover, 416 S.W.2d 500, 503 (Tex. Civ. App.—Eastland 1967, writ
ref’d n.r.e.).
43. The Severance Agreement is not supported by the essential element of
consideration. There is no term of the Severance Agreement which provides for, or even suggests,
that the Severance Agreement serves as a compromise of doubtful rights or disputed claims.
44. Plaintiffs are unaware of any doubtful right or disputed claim which exists to serve
as consideration for the Severance Agreement and, in fact, upon information and belief there was
no dispute between the District and Granger.
45 . The Severance Agreement is unenforceable, and Defendant cannot issue the Payoff
as a result.
IX. APPLICATION FOR TEMPORARY RESTRAINING

ORDER INJUNCTIVE RELIEF
46. Plaintiffs reallege and incorporate the foregoing as if fully set forth herein for all
purposes. As set forth in detail above, Plaintiffs have or will establish a probable right to the relief
they seek against Defendant upon nal trial of this case. The balance of equities between Plaintiffs

and Defendant favor the issuance of a Temporary Restraining Order (“M”), a Temporary
Injunction, and a Permanent Injunction.
47. A TRO is necessary to preserve the status quo between the parties pending a hearing
on Plaintiffs’ Application for Temporary Injunction. Unless the Defendant is immediately
restrained, the Plaintiffs will be irreparably injured, and they Will suffer a loss and damage by the
loss of public funds to which they have been entrusted to oversee for the benet of the District.
48. Unless Defendant is immediately restrained, Plaintiffs will have no adequate
remedy at law, and good cause therefore exists for the issuance of a TRO against Defendant. Such
harm is imminent because if a TRO is not entered immediately, Defendant will issue the Payoff in
accordance with the unenforceable and void Severance Agreement, causing a loss of public funds
to which Plaintiffs have been entrusted to oversee for the benet of the District.
49. Accordingly, the Plaintiffs face an imminent threat of being denied such right and
ability to fully conform with their duties as members of the Board, and will suffer irreparable harm
without intervention by this Court. Any remedy at law for such denials would be inadequate.
Plaintiffs therefore request that a TRO and a Temporary Injunction be entered to prohibit
Defendant from:
a. Issuing the Payoff amount to Granger; and
b. Taking any action related to the Severance Agreement or Granger’s employment
prior to swearing in the new Board member duly elected on November 3, 2020.
Specically, Plaintiff requests a TRO and Temporary Injunction be entered to prohibit Defendant
from harming the Plaintiffs.
X.
DEMAND FOR JURY TRIAL
19. Plaintiffs demand a trial by jury.

PRAYER AND DEMAND FOR JUDGMENT
20. Plaintiffs pray that Defendant be cited to appear and answer in the cause.
21. Plaintiffs pray for Judgment against Defendant and requests an order including but
not limited to the following relief:
a. Injunctive relief, including barring the District from:
i. Issuing to Granger any payment under the Severance Agreement

attached hereto as Exhibit D;
ii. Taking any action related to the Severance Agreement or Granger’s
employment prior to swearing in the new Board member duly
elected on November 3, 2020.
b. Attomey’s fees and costs;
c. Prejudgment and post-judgment interest on all amounts recovered by

Plaintiffs as may be permitted by Texas law; and
d. Any other relief to which Plaintiffs are justly entitled.
Respectfully submitted,
THE ORTIZ LAW FIRM

1304 West Abram Street, Suite 100
Arlington, Texas 76013
8 l 7-86 1 -7984 —
Telephone
8 1 7-549-7358 — Facsimile
/s/ Daniel A. Ortiz

DANIEL A. ORTIZ
State Bar Number 15323 100
dortiz@ortizlawtx.com
GIANA ORTIZ
State Bar Number 24053824
gortiz@ortizlawtx.com
ATTORNEYS FOR PLAINTIFFS

VERIFICATION
STATE 0F TEXAS §
§
COUNTY 0F DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared Marion
Hamilton. Member of Lancaster Indepe ndem School District's Board of Trustees, known to me to
be the person whose name is subscribed here loo. who after being duly sworn upon her oath did
state that she has read Plaimi‘s Veried First Amended Original Petition. Application for
and Request for
Temporary Restraining Order, Temporary Injunction, Permanent Injunction,
Disclosure (the “Petition") and the statements contained in the Petition are within her personal
knowledge and are true and correct.
SIGNED on this [irty or Z 202m , 2020.
Marion Hamilton
of sascmnio
AND swonN To BEFORE ME, by the said Marion Hamilton, this
, 2020, to certify which witness my hand and seal ofoEce.
my
n ‘' CYNTHIAL JARVIS
‘
Notary to “414451 Public in awor the State of Texas

f Mr Commission Explm Nola!
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December 2. 2023
SUPERINTENDENT'S CONTRACT
THE STATE OF TEXAS §
COUNTY 0F DALLAS §
THIS SUPERINTENDENT’S CONTRACT (the "Contract") is made effective as of the 29th day of
October 2020, by and between the Board of Trustees (the "Board") of the Lancaster Independent
School District (the "District") and Dr. Elijah Granger (the "Superintendent").
WITNESSETH:
NOW, THEREFORE, the Board and the Superintendent, for and in consideration of the terms
hereinafter established and pursuant to Chapter l l, Subchapters D and E, Section l 1.201 and Chapter
21, Subchapter E of the Texas Education Code, have agreed, and do hereby agree, as follows:
l. TERM
1.1 Contract Term. The Board, by and on behalf of the District , does hereby employ the
Superintendent, and the Superintendent does hereby accept employment as Superintendent of
Schools for the District for a term commencing on October 29, 2020 and ending on October 28,
2025. This Contract shall automatically be extended for an additional one-year period on the yearly
anniversary of the Contract, beginning on October 29, 202l and on each October 29“ thereafter
during the term of this Contract unless the Board votes, by a majority vote, to notify the
Superintendent in writing prior to October 29'“ of the applicable year, that it does not desire the
Contract to be extended. The District may, by action ofthe Board, and with the consent and approval
of the Superintendent. extend the term of this Contract as permitted by state law. ln the event the
Contract is extended, the Superintendent's compensation and benets will be as set forth herein
unless the parties agree to di‘erent compensation and benefits in the form of a written addendum.
amendment or a new contract.
1.2 No Tenure. The Board has not adopted any policy, rule, regulation, law, or practice providing
for tenure. No right of tenure is created by this Contract. No property interest, express or
implied, is created in continued employment beyond the Contract term.
H. EMPLOYMENT
2.1 Duties. The Superintendent is the chief executive of the District and shall faithfully perform
the duties ofthe Superintendent of Schools for the District as prescribed in the job description,
District Policy, state law, and as may be assigned by the Board, and shall comply with all lawtl
Board directives, state and federal law, District Policies, rules and regulations as they exist or
may hereafter be amended. Pursuant to Texas Education Code§ l l.20l it shall be a further duty
ofthe Superintendent to direct, assign, reassign, and evaluate all ofthe employees ofthe District
consistent with and to the extent permitted by Board Policies and federal and state law. lt shall
be the further duty of the Superintendent to manage and implement the District's planning and
decision making processes, as developed under Board Policy in accordance with the provisions
of Texas Education Code §l 1.20 l . It shall be a further duty of the Superintendent to
organize, reorganize, and arrange the staff of the District and develop and establish
administrative regulations, and procedures that the Superintendent deems necessary for the
efcient and effective operation of the District consistent with the Board's lawful
directives, the Board's Policies, and state and federal law. At all times the Superintendent
shall perform the duties of the Superintendent of Schools for the District with reasonable
SUPERMTENDENT'S CONTRACT PAGE I
Exhibit A
care, diligence, skill, and expertise. All duties assigned to the Superintendent by the Board
shall be appropriate to and consistent with the professional role and responsibility of the
Superintendent.
2.2 Professional Certication. The Superintendent shall at all times during the term of this Contract,
and any renewal or extensions thereof, hold and maintain a valid certicate required of a
Superintendent by the State of Texas and issued by the Texas State Board of Educator Certication
and any other certicates which may from time to time be required bylaw.
2.3 Residence in the District. At all times during the term of this Contract and any extension
thereof, the Superintendent shall maintain his primary residence within the territorial
boundaries of the Lancaster Independent School District.
Reassignment. The Superintendent may not be reassigned from the position of Superintendent
to another position without the Superintendent's express written consent.
2.5 Board Meetings. The Superintendent or the Superintendent's designees shall attend all
meetings of the Board, both public and closed. ln the event of illness or Board President
approved absence, the Superintendent's designee shall attend such meetings. Further, the
Superintendent shall provide recommendation(s) and/or information as to each ofthe items
of business considered at each meeting as needed or requested by the Board.
Indemnication. To the extent authorized by law, including, but not limited to Texas Civil
Practice & Remedies Code Chapter l02, the District does hereby agree to defend , hold harmless,
and indemnify Superintendent from any and all demands, claims, suits, actions, judgments,
expenses and attorneys‘ fees incurred in any legal proceedings currently pending or brought
against Superintendent for any claims made or occurrences in the Superintendent's individual or
oicial capacity as an employee and as Superintendent in his individual capacity or official
capacity as an employee of the District, providing the incident(s), which is (arc) the basis of any
such demand , claim , suits , actions, judgments, expenses and attorneys' fees, arose or does arise
in the future 'om an act or omission of Superintendent as an employee of the District, acting
within the course and scope of Superintendent's employment with the District. The District will
cover the legal expenses of the Superintendent if the Board elects to take adverse legal actions
against the superintendent; including but not limited to employment disputes, investigations,
administrative leave, termination, court costs and any such expenses that arise from the Board’s
adverse actions against the Superintendent. The selection of the Superintendent’s legal counsel
shall be made at the Superintendent’s sole discretion and choice. The provisions of this Section
2.6 shall survive the termination of this Contract.
2.7 Criticisms, Complaints, and Suggestions. The Board, individually and collectively, shall refer
in a timely manner all substantive criticisms, complaints, and suggestions called to the Board's
attention either: (a) to the Superintendent for study and/or appropriate action, and the
Superintendent shall refer such matter(s) to the appropriate District employee or shall investigate
such matter(s) and shall within a reasonable time inform the Board of the results of such efforts;
or, (b) to the appropriate complaint resolution procedure as established by District Board policies.
2.8 Applicability of Nepotism Prohibitions. Notwithstanding the adoption of any Board Policy
concerning the delegation of hiring authority, the Superintendent shall be deemed the hiring
authority for purposes of the application of the nepotism prohibitions set forth at Chapter 573,
Texas Government Code for the entire duration of this Contract, and any extension thereof.
2.9 Quarantine. In the event the Superintendent is required, pursuant to Federal, State, local government
order, or advice of a health care provider, to quarantine for a period of at least ten (10) days or more
as a result of exposure to a communicable disease, the Superintendent shall illl his duties remotely
as long as reasonably able until such quarantine period has elapsed. If the Superintendent becomes
incapacitated or otherwise unable to fulll his duties remotely due to infection from a communicable
Summoanr's Comm PAGEZ
Exhibit A
disease, an acting Superintendent may be designated by the Board in consultation and ayeement with
the Superintendent, until such time as the Superintendent can return to full duty.
2.10 Governance. The Board is responsible for governance of the District. Governance includes
management oversight of all major operations of the District. The Board acknowledges that
“management oversight" is not management itself. lt instead includes the following: the
establishment and/or modication of policies, strategies and principles that govern the District;
reviewing and voting on recommendations submitted by the Superintendent; reviewing the results of
management decisions and modifying policies, strategies or principles on the basis of those results;
and analysis of data, including audits, that enable the Board to hold the Superintendent accountable
for effective day-to-day management of the District. The Board expressly acknowledges that
“management oversight” does not include any of the following: intervention in personnel disputes;
direction of day-to-day activities, management, or management decisions; and advocating a product
or service, or denigrating a product or service. The Board also recognizes that it is a collective body
and each Board Member recognizes that his or her power as a Board Member is derived from the
collective deliberation and action of the Board as a whole in a duly-constituted meeting and that there
is no individual authority to give direction to the Superintendent or any District staff member
regarding the management of the District or the solution of specic problems. Board members
acknowledge that they have the same rights and responsibilities as they relate to management of the
District and its staff as any other citizen of the community.
III. COMPENSATION
3.1 Base Salary. The District shall provide the Superintendent with an annual salary in the sum of
Three Hundred and Fieen Thousand dollars ($3 l 5,000.00). This annual base salary shall be paid
to the Superintendent in equal installments consistent with the Board's Policies. In the event of
employment for less than a full contract year, the salary shall be prorated.
3.2 Communication Devices. The Board shall provide the Superintendent with a laptop computer and
cellular telephone or PDA for personal and business use. Any personal information stored on a
communication device provided to the Superintendent shall be the sole property of Superintendent.
3.3 Personal Leave, Holidays, and Sick Leave. The Superintendent may take, at the Superintendent's
choice, the same number ofdays of State and local sick and/or personal leave days as are authorized
by Policies adopted by the Board for administrative employees on twelve- month contracts. Leave
days must be taken in accordance with District Policies, except that the Superintendent, at his
discretion, may utilize any and all accrued but unused leave days to be taken in a single period or
at different times during the term of this Contract. The Superintendent may also observe the same
legal holidays as provided by Board Policies for administrative employees on twelve -month
contracts. Superintendent leave days accrued under this provision will at all times be subject to the
accrual provisions in Board Policy and in state law, except that the Superintendent, at his discretion,
may utilize any and all accrued but unused leave days to be taken in a single period or at different
times during the term of this Contract. At the sole option of the Superintendent, either at the end
of each year of the term of this Contract, at retirement, or when the Contract is terminated,
either voluntarily or involuntarily, the District shall pay in a lump sum to the Superintendent
any accrued but unused vacation, state and/or local leave days at the Superintendent’s daily
rate of pay as of the payment date. The daily rate shall be calculated by dividing the
Superintendent’s salary in Section 3.! by 226.
3.4 Health and Disability Insurance. The District will pay the cost of the Superintendent's health
insurance to the same extent as is provided for all District administrative staff. The District will pay
the monthly premium amount, per month, for the District's group short term or long term disability
insurance with an elimination period chosen by the Superintendent.
3.5 Cafeteria Benets Plan. The Superintendent may utilize any “cafeteria benets plan" approved
Summons Comer Moss
Exhibit A
by the Board, as permitted under 26 U.S.C. § 125, or any successor plan or statute, to the fullest
extent allowed by law or the plan, to receive any of the benets provided in this Contract.
3.6 Local Travel Allowance. The District will pay the Superintendent a Local Travel Allowance in the
amount of One Thousand Dollars ($1,000.00) per month in lieu of paying mileage and/or other
incidental expenses expended within the District and/or within the Region 10 Education Service
Center Boundaries. For travel outside Region l0 Education Service Center Boundaries, the
Superintendent shall be reimbursed in accordance with Section 3.8 of this Contract.
3.7 Other Reasonable Expenses. For other expenses not covered under the provisions of Section 3.7,
above, the District shall reimburse the Superintendent, in accordance with the provisions of state
law and the limits set forth in Board Policy, for reasonable and necessary expenses which he may
incur in the performance oi‘his duties as Superintendent and in the continuing performance of the
Superintendent's duties under this Contract. Such costs may include, but are not limited to,
automobile mileage reimbursement, hotels and accommodations, meals, other expenses incurred in
the performance of the business ofthe District. The Superintendent shall comply with all procedures
and documentation requirements in accordance with Board Policies.
3.8 Supplemental Retirement Plan. The District shall make monthly non-elective payments to a
403(b) or 457(b) retirement account (or other nancial vehicle ofa kind mutually agreeable to the
pailies in the name of the Superintendent ("Alternate Account") in the annual amount of Eighteen
Thousand Five Hundred ($l8,500.00). The Payments by the District shall be made monthly to the
account, starting June l, 2019. To the maximum extent consistent with federal tax law. the District
shall make such contributions on a pre-tax basis. The Superintendent shall have no right to elect to
take any portion ofsuch $ l 8,500 annual amount in cash.
3.9 Professional Development. The Superintendent shall devote the Superintendent's time,
attention, and energy to the direction, administration, and supervision of the District. The
Board, however, encourages the continued professional growth of the Superintendent through
the Superintendent's active attendance at and participation in appropriate professional meetings
at the local, regional, state and national levels. The Board shall encourage the use of data and
information sources, and shall encourage the participation of the Superintendent in pertinent
education seminars and courses offered by public or private institutions or by educational
associations, as well as the participation in informational meetings with those individuals whose
particular skills, expertise, or backgrounds would serve to improve the capacity of the
Superintendent to perform the Superintendent's professional responsibilities for the District. In
its encouragement of the Superintendent to grow professionally, the Board shall permit a
reasonable amount of release time for the Superintendent as the Superintendent and the Board
deem appropriate, to attend such seminars, courses or meetings. The District shall pay the
Superintendent's membership dues to the American Association of School Administrators and
the Texas Association of School Administrators, as well as other memberships necessary to
maintain and improve the Superintendent's professional skills. The District shall bear the
reasonable cost and expense for registration, travel, meals, lodging, and other related expenses
for such attendance and membership.
3.10 Vacation. The Superintendent may take, at dates ofthe Superintendent's choice, fteen (15) days
of vacation leave per year for each full Contract year. Vacation leave days will accrue on the
rst day of each Contract year. For purposes of this provision, a full Contract year shall be
defined as the period between July l and June 30 of the following year. Vacation leave days
may be taken in a single period or at different times. However, the Superintendent shall ensure
that such leave will be taken at such time or times as will not interfere with the performance of
Swarm-remains Comer pm“
Exhibit A
the Superintendent's duties as sct forth in this Contract. Accrued but unused vacation days shall
accumulate and carry forward from year to year during the term of this Contract. At the sole
option of the Superintendent, either at the end of each year of the term of this Contract, at
retirement, or when the Contract is terminated, either voluntarily or involuntarily, the District
shall pay in a lump sum to the Superintendent any accrued but unused vacation, state and/or
local leave days at the Superintendent’s daily rate of pay as of the payment date. The daily rate
shall be calculated by dividing the Superintendent’s salary in Section 3.1 by 226.
3.11 Health and Disability Insurance. The District will pay the cost of the Superintendent's health
insurance to the same extent as is provided for all District administrative staff. The District will pay
the monthly premium amount, per month, for the District's group short term or long term disability
insurance with an elimination period chosen by the Superintendent.
3.12 Cafeteria Benets Plan. The Superintendent may utilize any “cafeteria benets plan” approved
by the Board, as permitted under 26 U.S.C. § l25, or any successor plan or statute, to the fullest
extent allowed by law or the plan, to receive any of the benets provided in this Contract.
amount of One Thousand Dollars ($1,000.00) per month in lieu of paying mileage and/or other
incidental expenses expended within the District and/or within the Region l0 Education Service
Center Boundaries. For travel outside Region I0 Education Service Center Boundaries, the
Superintendentshall be reimbursed in accordance with Section 3.8 of this Contract.
3.14 Other Reasonable Expenses. For other expenses not covered under the provisions of Section 3.7,
above, the District shall reimburse the Superintendent, in accordance with the provisions of state
law and the limits set forth in Board Policy, for reasonable and necessary expenses which he may
incur in the performance of his duties as Superintendent and in the continuing performance of the
Superintendent‘s duties under this Contract. Such costs may include, but are not limited to,
automobile mileage reimbursement, hotels and accommodations, meals, other expenses incurred in
the performance of the business of the District. The Superintendent shall comply with all procedures
and documentation requirements in accordance with Board Policies.
3.15 Supplemental Retirement Plan. The District shall make monthly non-elective payments to a
403(b) or 457(b) retirement account (or other financial vehicle ofa kind mutually agreeable to the
pai I ies in the name of the Superintendent ("Alternate Account") in the annual amount of Eighteen
Thousand Five Hundred ($l8,500.00). The Payments by the District shall be made monthly to the
account, starting June l, 20l9. To the maximum extent consistent with federal tax law, the District
shall make such contributions on a pro-tax basis. The Superintendent shall have no right to elect to
take any portion ofsuch $ l 8,500 annual amount in cash.
3.16 Professional Development. The Superintendent shall devote the Superintendent's time,
attention, and energy to the direction, administration, and supervision of the District. The
Board, however, encourages the continued professional growth of the Superintendent through
the Superintendent's active attendance at and participation in appropriate professional meetings
at the local, regional, state and national levels. The Board shall encourage the use of data and
information sources, and shall encourage the participation of the Superintendent in pertinent
education seminars and courses offered by public or private institutions or by educational
associations, as well as the participation in informational meetings with those individuals whose
particular skills, expertise, or backgrounds would serve to improve the capacity of the
Superintendent to perform the Superintendent's professional responsibilities for the District. In
its encouragement of the Superintendent to grow professionally, the Board shall permit a
SUPWM'S CONTRACT PAGE 5
Exhibit A
reasonable amount of release time for the Superintendent as the Superintendent and the Board
deem appropriate, to attend such seminars, courses or meetings. The District shall pay the
Superintendent's membership dues to the American Association of School Administrators and
the Texas Association of School Administrators, as well as other memberships necessary to
maintain and improve the Superintendent's professional skills. The District shall bear the
reasonable cost and expense for registration, travel, meals, lodging, and other related expenses
for such attendance and membership.
3.17 Civic Activities. The Board encourages the Superintendent to become a member of and
participate in community and civic affairs, including the chamber of commerce, civic clubs,
governmental committees, and educational organizations. The Board concludes that such
participation will serve a legitimate purpose related to the educational mission of the District.
The Superintendent may hold offices or accept responsibilities in these professional
organizations, provided that such responsibilities do not interfere with the performance of his
duties as Superintendent. Prior to engaging in these activities, the Superintendent will notify
the Board in writing of the activity. The Board will notify the Superintendent if the activity
presents a conict or interferes with the performance of his duties as Superintendent. The
District shall reimburse the Superintendent for the cost of membership in all local civic
organizations in which the Superintendent participates and related travel outside ofthe District,
subject to advance Board approval.
3.18 Outside Consultant Activities. With the approval of the Board and without taking leave time,
the Superintendent may serve as a consultant or undertake speaking engagements, writing,
teaching or other professional duties and obligations outside the District (referred to collectively
herein as "Consulting Services") that do not conict or interfere with the Superintendent's
professional responsibilities to the District. The Superintendent may be compensated for such
Consulting Services.
3.19 TRS Contribution. For performance of Superintendent duties, the District shall supplement the
Superintendent's salary by an amount equal to the Superintendent's portion of the monthly member
contribution to the Texas Teacher Retirement System (“TRS”) beginning on the effective date of
this Contract and continuing for each payroll during the term of this Contract, including any
extensions thereof. This supplement shall include both the retirement and TRS-Care parts of the
TRS member contribution, as applicable. This additional salary supplement for services rendered
shall be paid to the Superintendent in regular monthly payroll installments and shall be reported as
"creditable compensation" by the District for purposes of TRS, to the extent permitted by TRS.
3.20 Salary Adjustment. At any time during the term of this Contract, the Board may, in its discretion,
review and adjust the salary of the Superintendent, but in no event shall the Superintendent be paid
less than the salary, including any adjustments, set forth pursuant to Section 3.1 of this Contract,
except by mutual written agreement of the parties. The Board annually shall consider increasing the
Superintendent's salary in conjunction with the Superintendent's performance evaluation. Any such
adjustment shall be either in the form of a written addendum to this Contract or in the form of a new
Contract at the discretion of the Board ofTrustees.
3.21 Life Insurance. The District shall pay the annual premium amounts of the index universal life
insurance chosen by the superintendent and his nancial adviser with a limited death beneciary
payment ofone- million. The benefit shall be effective May 9, 2019. The Superintendent shall be
the sole owner of the index universal life insurance policy and the District shall have no ownership
rights in such life insurance policy. The annual premium amounts shall survive the involuntary
termination of this contract. if the Superintendent is Terminated or Unilaterally Terminated, policy
premiums for the remaining contract period shall be paid to the Superintendent in a lump sum.
3.22 Incentive Pay. In the event that Lancaster lSD is awarded an A or B rating/grade or higher or at the
middle/median or top tier of a newly formed state accountability system, for the life of this Contract, the
District will pay the Superintendent a one-time stipend in the amount of Ficen Thousand and no/IOO
SUPERMENDENT'S Comer PAGs6
Exhibit A
Dollars ($15,000.00) on or before December ofthe current year.
3.23 Annual Raises/COLA. Each year, the Superintendent will receive, at a minimum, a raise that is equal
to yearly teacher raises or teacher cost of living adjustment payouts for the duration of this Contract and
any extensions. In addition, the Board may reward the Superintendent at the Board's discretion for
outstanding achievements and recognitions as the Board deems necessary. This will become effective
July of the 2020-202] school year and remain effect for the life ofthe Contract.
IV. REVIEW 0F PERFORMANCE
4.1 Development of Goals. Not later than September 15 of any year of this Agreement, the
Superintendent shall submit to the Board for its consideration and adoption, a preliminary list of
goals for the District. The goals approved by the Board shall at all times be reduced to writing
("District Goals") and shall be among the criteria on which the Superintendent's performance is
reviewed and evaluated. The District Goals approved by the Board shall be specic, denitive and
measurable, to the extent feasible. The Board agrees to work with and support the Superintendent in
achieving the District Goals.
4.2 Time and Basis of Evaluation. In October ofeach school year. the Board shall evaluate and assess,
in writing, the performance ofthe Superintendent. The evaluation and assessment shall be conducted
in accordance with the provisions of State law and/or the administrative regulations issued by the
Commissioner of Education and shall be reasonably related to the duties of the Superintendent as
outlined in the Superintendent'sjob description and shall be based on the District’s progress towards
accomplishing the District Goals. The Superintendent shall provide a written reminder to the Board
of its evaluation obligation at least thirty (30) days prior to such Meetings.
4.3 Evaluation Format and Procedures. The evaluation format and procedure shall be in accordance
with the evaluation instrument selected by the Board in accordance with Article IV ofthis Contract.
the Board's Policies, and state and federal law. In the event that the Board determines that the
performance of the Superintendent is unsatisfactory in any respect, it shall describe in writing, in
reasonable detail, specic instances of unsatisfactory performance. The evaluation shall include
recommendations as to areas of improvement in all instances where the Board deems performance
to be unsatisfactory. A copy of the written evaluation shall be delivered to the Superintendent. The
Superintendent shall have the right to make a written response to the evaluation within thirty (30)
days of receipt of the written evaluation ‘om the board. That response shall become a permanent
attachment to the evaluation in the Superintendent’s personnel tile. Within sixty (60) days of the
delivery of the written evaluation to the Superintendent, the Board shall meet with the
Superintendent to discuss the evaluation. The Board shall devote a portion of, or all of, one
executive session annually to a discussion of the working relationship between the Superintendent
and the Board. In the event the Board deems that the evaluation instrument. format and/or procedure
is to be modied by the Board and such modications would require new or different performance
expectations, the Superintendentshall be provided a reasonable period oftime to demonstrate such
expected performance before being evaluated.
4.4 Condentiality. The evaluation of the Superintendent shall at all times be conducted in closed
meeting and shall be considered confidential to the extent permitted by law. Nothing herein shall
prohibit the Board or the Superintendent from sharing the content ofthe Superintendent's evaluation
with their respective legal counsel.
4.5 Governance. The Board is responsible for governance of thc District. Governance includes
management oversight of all major operations of District. The Board acknowledges that
“management oversight” is not management itself. It is instead: the establishment and/or
modification of policies, strategies and principles that govern the District; reviewing and voting on
recommendations submitted by the Superintendent; reviewing the results ofmanagement decisions
and modifying policies, strategies or principles on the basis of those results; and analysis of data,
including audits, that enable the Board to hold the Superintendent accountable for effective
Suremmunam's Comer PAGE 7
Exhibit A
management of the District. The Board expressly acknowledges that “management oversight” is
not: intervention in personnel disputes; direction of day-to-day activities, management, or
management decisions; and advocating a product or service, or denigrating a product or service.
The Board also recognizes that it is a collective body and each Board Member recognizes that his
or her power as a Board Member is derived from the collective deliberation and action ofthe Board
as a whole in a duly-constituted meeting and that there is no individual authority to give direction
to the Superintendent or any District staff member regarding the management ofthe District or the
solution of specific problems. Board members acknowledge that they have the same rights and
responsibilities as they relate to management of the District and its staff as any other citizen of the
community.
V. RENEWAL/NONRENEW AL OF EMPLOYMENT CONTRACT
5.1 Renewal/Nonrenewal. Renewal or nonrenewal shall be in accordance with Board Policy, Texas
Education Code Chapter 2 l , Subchaptcr E, and applicable law.
Vl. TERMINATION 0F EMPLOYMENT CONTRACT
6.1 Resignation. The Superintendent may leave the employment of the Disn-ict by providing the Board
with a written two-week resignation at any time during the school year.
6.2 Retirement or Death. This Contract shall be terminated upon the retirement under the
Teacher Retirement System of Texas or death of the Superintendent.
6.3 Dismissal for Good Cause. The Board may dismiss the Superintendent during the term of the
Contract for good cause in accordance with state law and Board Policy.
6.4 Termination Procedure. in the event that the Board terminates this Contract for "good cause."
the Superintendent shall be afforded all the rights as set forth in the Board's Policies, Chapter 2 l , Tex.
Educ. Code, and any state or federal law or constitutional authority. The District will cover and be
responsible for any legal fees arising from the Board’s adverse employment actions against the
Superintendent. The selection of the Superintendent’s legal counsel shall be made at the
Superintendent’s sole discretion and choice. The provisions of this section 6.4 shall survive thc
termination of this contract.
6.5 Unilateral Termination by the Board. The Board may, at its option, unilaterally terminate this
Contract. In the event ofsuch termination the Board shall pay to the Superintendent. as severance
pay, all of the aggregate salary and the value of all benets he would have earned through the end
of the Term of this Contract, from the actual date of termination to the termination date set forth in
this Contract, and any extensions hereof. In the event that the Board offers to terminate the Contract
by paying the amount specied herein, the right to a hearing. as specied in Section 6.4 above. and
the right to appeal the Board's action is waived by the Superintendent.
VII. MISCELLANEOUS
7.1 Controlling Law. This Contract shall be governed by the laws of the State of Texas and shall be
performed in Dallas County. Texas. unless otherwise provided bylaw.
7.2 Complete Agreement. This Contract embodies the entire agreement between the parties hereto
and cannot be varied except by written agreement ofthe undersigned parties. except as expressly
provided herein.
7.3 Conflicts. 1n the event of any conict between the terms, conditions. and provisions of this
employment Contract and the provisions of the Board's Policies, or any permissive state or federal
law, then, unless otherwise prohibited by law, the specic terms of this Contract shall take
precedence over the contrary provisions of the Board's Policies or any such permissive law during
the term of the Contract.
W's COM PAGE 8
Exhibit A
7.4 Savings Clause. In thc cvcnt any one or more ofthc provisions contained in this Contract shall, for
any reason, be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or
unenforceability shall not affect any other provisions thereof, and this Contract shall be construed
as ifsuch invalid, illegal, or unenforceable provisions had never been contained herein. All existing
agreements and contracts, both verbal and written, between the parties hereto regarding the
employment of the Superintendent have been superseded by this Contract, and this Contract
constitutes the entire agreement between the patties unless amended pursuant to the terms of this
Contract.
CONTRACI' PAGE 9
Exhibit A
LANCASTER INDEPENDENT SCHOOL DISTRICT
Bywiam
Ellen Clark, President. Board ofTrustees
EMA/aw
ATTEST:
a mde 0a W
toard
of Trustees
RhoEda Davis, Secretary, Board of Trustees
Executed this 29th day of October 2020.
SUPERINTENDENT
Executed this 29m day of October 202 .
SUPERINTENDBNT‘S CONTRACT PAGE It)
Exhibit A
SUPERINTENDENT'S CONTRACT
THE STATE 0F TEXAS §
COUNTY 0F DALLAS §:
THIS AGREEMENT (the “Contract”) is made effective as of the 9th day of May 2019, by and
between the Board of Trustees (the "Board") of the Lancaster Independent School District (the
"District") and Elijah Granger (the "Superintendent").
WITNESSETH:
NOW, THEREFORE, the Board and the Superintendent, for and in consideration of the terms
hereinafter established and pursuant to Section 11.201(b) of the Texas Education Code, have
agreed, and do hereby agree, as follows:
I. TERM
1.1 Contract Term. The Board, by and on behalf of the District, does hereby employ the
Superintendent, and the Superintendent does hereby accept employment as Superintendent of
Schools for the District for a term commencing on May 9, 2019 and ending on May 8, 2024. This
Contract shall automatically be extended for an additional one-year period beginning on May 9, 2024
and ending on May 8, 2025, unless the Board votes, by a maj ority vote, to notify the Superintendent in
writing prior to May 9, 2023, that it does not desire the Contract to be extended. The District may, by
action of the Board, and with the consent and approval of the Superintendent, extend the term of
this Contract as permitted by state law. In the event the Contract is extended, the Superintendent's
compensation and benets will be as set forth herein unless the parties agree to different compensation
and benets in the form of a written addendum or amendment or a new contract.
1.2 No Tenure. The Board has not adopted any policy, rule, regulation, law, or practice providing for
tenure. No right of tenure is created by this Contract. No property interest, express or implied, is
created in continued employment beyond the Contract term.
II. EMPLOYMENT
2.1 Duties. The Superintendent is the chief executive of the District and shall faithfully perform the
duties ofthe Superintendent of Schools for the District as prescribed in the job description, District
Policy, state law, and as may be assigned by the Board, and shall comply with all Board directives,
state and federal law, District Policies, rules, and regulations as they exist or may hereafter be
amended.
Pursuant to Texas Education Code § 11.201 it shall be a further duty ofthe Superintendent to direct,
assign, reassign, and evaluate all of the employees ofthe District consistent with and to the extent
permitted by Board Policies and federal and state law. It shall be the further duty of the
Superintendent to manage and implement the District's planning and decision making processes,
as developed under Board Policy in accordance with the provisions of Texas Education Code
201 9 Superintendent Contract
Lancaster /SD
E’ective May 9, 2019
Page8
Exhibit B
§1 1.201. It shall be a further duty of the Superintendent to organize, reorganize, and arrange the
staff of the District and develop and establish administrative regulations, and procedures that the
Superintendent deems necessary for the efcient and effective operation of the District consistent
with the Board's lawful directives, the Board's Policies, and state and federal law. At all times the
Superintendent shall perform the duties of the Superintendent of Schools for the District with
reasonable care, diligence, skill, and expertise.
2.2 Professional Certication. The Superintendent shall at all times during the term of this Contract,
and any renewal or extensions thereof, hold and maintain a valid certicate
required of a
Superintendent by the State of Texas and issued by the Texas State Board of Educator Certication
and any other certicates which may from time to time be required by law.
2.3 Residence in the District. At all times during this Contract and any extension thereof, the
Superintendent shall maintain his primary residence within the territorial boundaries of the
Lancaster Independent School District.
2.4 Reassignment. The Superintendent may not be reassigned from the position of Superintendent to
another position without the Superintendent's express written consent.
2.5 Board Meetings. The Superintendent or the Superintendent's designees shall attend all
meetings of the Board, both public and closed. In the event of illness or Board President
approved absence, the Superintendent's designee shall attend such meetings.
2.6 Indemnification. To the extent authorized by law,, including, but not limited to Texas Civil
Practice & Remedies Code Chapter 102, the District does hereby agree to defend, hold harmless,
and indemnify Superintendent from any and all demands, claims, suits, actions,
judgments,
expenses and attomeys' fees incurred in any legal proceedings currently pending or brought against
Superintendent for any claims made or occurrences in the Superintendent's individual or ofcial
capacity as an employee and as Superintendent in his individual capacity or ofcial capacity as an
employee of the District, providing the incident(s), which is (are) the basis of any such demand,
claim, suits, actions, judgments, expenses and attomeys' fees, arose or does arise in the future from
an act or omission of Superintendent as an employee of the District, acting within the course and
scope of Superintendent’s employment with the District; excluding, however, any such demand,
claims, suits, actions, judgements, expenses and attomeys’ fees for those claims or any causes of
action where it is determined that Superintendent committed ofcial misconduct, or criminal
conduct, or committed a willful or wrongful act or omission, or an act or omissions constituting
gross negligence, or acted in bad faith, or with conscious indifference or reckless disregard, nor
does it apply to criminal investigations or proceedings, nor to any investigations or
proceedings in
which the District and superintendent are adverse to each other, and excluding any costs, fees,
expenses or damages that would be recoverable or payable under an insurance contract, held either
ruby the District or by Superintendent. The selection of Superintendent’s legal counsel shall be
with the mutual agreement of Superintendent and the District if such legal counsel is not also the
District’s legal counsel. A legal defense may be provided through insurance coverage, in which
case the right to select counsel will depend on the terms of the applicable insurance contract.
Superintendent shall fully cooperate with the District in the defense ofany and all demands, claims,
suits, actions and legal proceedings brought against the District. This paragraph shall survive the

Lancaster /SD
Eective May 9, 2019
Page8
Exhibit B
termination of this Contract.
2.6 Criticisms, Complaints, and Suggestions. The Board, individually and collectively, shall refer all
substantive criticisms, complaints, and suggestions called to the Board's attention to the Superintendent
for study and appropriate action, and the Superintendent shall investigate such matters and inform the
Board of the results of such efforts.
2.7 Applicability ofNepotism Prohibitions. Notwithstanding the adoption ofany Board Policy concerning
the delegation of hiring authority, the Superintendent shall be deemed the hiring
authority for purposes
ofthe application ofthe nepotism prohibitions set forth at Chapter 573, Texas Government Code for the
entire duration of this Contract, and any extension thereof.
HI. COMPENSATION
3.1 Base Salary. The District shall provide the Superintendent with an annual salary in the sum of Three
Hundred and Fifteen Thousand dollars ($315,000.00). This annual base salary shall be paid to the
Superintendent in equal installments consistent with the Board's Policies. In the event of employment
for less than a full year, the salary shall be prorated.
3.2 Communication Devices. The Board shall provide the Superintendent with a laptop computer and
cellular telephone or PDA for business use.
3.3 Personal Leave, Holidays, and Sick Leave. The Superintendent may take, at the Superintendent’s
choice, the same number of days of State and local sick and/or personal leave days as are authorized by
Policies adopted by the Board for administrative employees on twelve— month contracts. Leave days
must be taken in accordance with District Policies. The Superintendent may also observe the same
legal
holidays as provided by Board Policies for administrative employees on twelve-month contracts.
Superintendent leave days accrued under this provision will at all times be subject to the accrual
provisions in Board Policy and in state law.
3.4 Vacation.
The Superintendent may take, at dates ofthe Superintendent's choice, fteen (15) days of vacation leave
per year for each ill contract year. Vacation leave days will accrue on the rst day of each contract
year. For purposes of this provision, a full contract year shall be dened as the period between July 1
and June 30 of the following year. Vacation leave days may be taken in a single
period or at different
times. However, the Superintendent shall ensure that such leave will be taken at such time or times as
will not interfere with the performance of the Superintendent's duties as set forth in this Contract.
Vacation leave days not taken in the year in which they accrue may be accumulated, and the
Superintendent shall be entitled to be compensated for unused vacation leave days at the end of each
calendar year or at separation of employment with the District. In the event that the
Superintendent
leaves employment with the District on a date other than the end of a full contract year, his vacation
days under this Section for his last year of employment shall be proportionally reduced.
3.5 Health and Disability Insurance. The District will pay the cost ofthe Superintendent's health insurance
to the same extent as is provided for all District administrative staff. The District will
pay the monthly
amount, per month, for the District's group short term or long term disability insurance with an
elimination period chosen by the Superintendent.
3.6 Cafeteria Benefits Plan. The Superintendent may utilize any "cafeteria benets plan" approved by the
Lancaster /SD
Eective May 9, 2019
Page8
Exhibit B
Board, as permitted under 26 U.S.C. § 125, or any successor plan or statute, to the fullest extent allowed
by law or the plan, to receive any of the benets provided in this Contract.
amount of One Thousand Dollars ($1000.00) per month in lieu of paying mileage and/or other incidental
expenses expended within the District and/or within the Region 10 Education Service Center
Boundaries. For travel outside Region 10 Education Service Center Boundaries, the Superintendent shall
be reimbursed in accordance with the provisions of the District's employee travel Policy.
3.8 Other Reasonable Expenses. For other expenses not covered under the provisions of Section
3.7, above, the District shall reimburse the Superintendent, in accordance with the provisions of state
law and the limits set forth in Board Policy, for reasonable and necessary expenses which he
may incur
in the performance of his duties as Superintendent and in the continuing
performance of the
Superintendent's duties under this Contract. Such costs may include, but are not limited to, automobile
mileage reimbursement, hotels and accommodations, meals, other expenses incurred in the performance
of the business of the District. The Superintendent shall comply with all procedures and documentation
requirements in accordance with Board Policies.
3.9 Annuity Payments. The District shall make monthly nonelective payments to a 403(b) or 457(b)
retirement account (or other nancial vehicle of a kind mutually agreeable to the parties in the name of
the Superintendent ("Alternate Account") in the annual amount of Eighteen Thousand Five Hundred
($1 8,500.00). The Payments by the District shall be made monthly to the account, starting June 1, 2019.
To the maximum extent consistent with federal tax law, the District shall make such contributions on a
pre—tax basis. The Superintendent shall have no right to elect to take any portion of such $1 8,500 annual
amount in cash.
3.10 District Annuity. As a reward for successful service, the District hereby releases the annual ten-
thousand dollars ($10,000) previously placed in the District’s account as a longevity incentive and the
funds may be transferred into the Superintendent’s account of choice on May 10, 2019. The District’s
annuity and its ownership shall be transferred to the name ofthe Superintendent. The ve-year longevity
investments by the District will end upon the ten-thousand dollars payment to the Superintendent. No
future investments will be made to this account.
3.11 Professional Development. The Superintendent may attend and participate in an appropriate
number of professional meetings at the local, state, and national level with the reasonable
expenses of
such attendance to be borne by the District. The Superintendent may participate fully in the work of
appropriate professional associations to the extent of holding ofce or accepting the responsibility of
assignment if elected or appointed. With the approval of the Board and without taking leave time, the
Superintendent may undertake writing, consultative work, teaching and speaking engagements
provided, however, that the expense of such activities shall not be borne by the District and that such
activities do not detract from the performance of his duties and responsibilities as Superintendent of
Schools. However, the Superintendent may not be compensated for such activities (other than
reimbursement for actual expenses) unless the Board has authorized the Superintendent to receive
compensation for the activity at aposted open meeting.
3.12 TRS Contribution. The District shall supplement the Superintendent’s annual salary, for performance
ofthe Superintendent duties, by an amount equal to the Superintendent’s portion ofthe monthly member
contribution to TRS for the term of this Contract, including any extensions. This salary
supplement shall
Lancaster /SD
Eective May 9, 2019
Page8
Exhibit B
include both the retirement and TRS-Care parts of the TRS member contribution, as applicable. This
additional salary supplement shall be paid to the Superintendent by regular monthly
payroll installments
and shall be reported as creditable compensation to TRS. This benet shall be effective
May 9, 2019.
3.13 Salary Adjustment. At any time during the term of this Contract, the Board may, in its
discretion,
review and adjust the salary of the Superintendent, but in no event shall the Superintendent be
paid less
than the salary, including any adjustments, set forth pursuant to Section 3.1 of this
Contract, except by
mutual written agreement of the parties. The Board annually shall consider
increasing the
Superintendent's salary in conjunction with the Superintendent's performance evaluation. Any such
adjustment shall be either in the form of a written addendum to this Contract or in the form of a new
Contract at the discretion of the Board of Trustees.
3.14 Life Insurance. The District shall pay the annual premium amounts ofthe index universal life insurance
chosen by the superintendent and his nancial advisor with a limited death beneciary
payment of one-
million. The benet shall be effective May 9, 2019. The Superintendent shall be the sole owner of the
index universal life insurance policy and the District shall have no ownership rights in such life insurance
policy.
IV. REVIEW 0F PERFORMANCE
4.1 Development of Goals. Not later than September 15 of any year ofthis Agreement, the Superintendent
shall submit to the Board for its consideration and adoption, a preliminary list of goals for the District.
The goals approved by the Board shall at all times be reduced to writing ("District Goals") and shall be
among the criteria on which the Superintendent's performance is reviewed and evaluated. The Board
agrees to work with and support the Superintendent in achieving the District Goals.
4.2 Time and Basis of Evaluation. In December of each school year, the Board shall evaluate and assess,
in writing, the performance of the Superintendent. The evaluation and assessment shall be conducted in
accordance with the provisions of State law and/or the administrative regulations issued
by the
Commissioner of Education and shall be reasonably related to the duties of the Superintendent as
outlined in the Superintendent's job description. The Superintendent shall provide a written reminder to
the Board of its evaluation obligation at least thirty (3 0) days prior to such
Meetings.
4.3 Evaluation Format and Procedures. The evaluation format and procedure shall be in accordance with
the evaluation instrument selected by the Board in accordance with Article IV of this
Contract, the
Board's Policies, and state and federal law. In the event the Board deems that the evaluation
instrument,
format and/or procedure is to be modied by the Board and such modications would
require new or
different performance expectations, the Superintendent shall be provided a reasonable period of time to
demonstrate such expected performance before being evaluated.
4.4 Condentiality. The evaluation ofthe Superintendent shall at all times be conducted in closed meeting
and shall be considered condential to the extent permitted by law.
Nothing herein shall prohibit the
Board or the Superintendent from sharing the content of the Superintendent's evaluation with their
respective legal counsel.
4.5 Incentive Pay. In the event that Lancaster ISD is awarded a B rating/grade or higher for the 2018-2019
school year when the nal ratings are presented in the fall of 2019, the District will pay the
Superintendent a one—time stipend in the amount of Fifteen Thousand and no/l 00 Dollars ($15,000.00)
on or before December 3 1, 2019. The District will put the incentive pay directly into the
Superintendent’s 403(b).
Lancaster /SD
E'ective May 9, 2019
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Exhibit B
V. RENEWAL/NONRENEW AL OF EMPLOYMENT CONTRACT
5.1 Renewal/Nonrenewal. Renewal or nonrenewal shall be in accordance with Board
Policy and applicable
law.
VI. TERMINATION OF EMPLOYMENT CONTRACT
6.1 Resignation. The Superintendent may leave the employment ofthe District at the end ofthe school year
without penalty by ling a written resignation with the Board. The resignation must be addressed to the
Board and led not later than the 45th day before the rst day of instruction ofthe following school
year.
The Superintendent may resign at other times only with the consent of the Board of Trustees.
6.2 Retirement or Death. This Contract shall be terminated upon the retirement under the Teacher
Retirement System of Texas or death of the Superintendent.
6.3 Dismissal for Good Cause. The Board may dismiss the Superintendent during the term of the Contract
for good cause in accordance with state law and Board Policy.
6.4 Termination Procedure. In the event that the Board terminates this Contract for "good cause," the
Superintendent shall be afforded all the rights as set forth in the Board‘s Policies, Chapter 21, Tex. Educ.
Code, and any state or federal constitutional authority.
6.5 Unilateral Termination by the Board. The Board may, at its option, unilaterally terminate this
Contract. In the event of such termination the Board shall pay to the Superintendent, as severance
pay,
all of the aggregate salary and the value of all benets he would have earned under his Contract from
the actual date of termination to the termination date set forth in this Contract, and
any extensions
hereof. In the event that the Board offers to terminate the contract by paying the amount
specied
herein, the right to a hearing, as specied in Section 6.4 above, and the right to appeal the Board's action
is waived by the Superintendent.
VII. MISCELLANEOUS
7.1 Controlling Law. This Contract shall be governed by the laws of the State of Texas and shall be
performed in Dallas County, Texas, unless otherwise provided bylaw.
7.2 Complete Agreement. This Contract embodies the entire agreement between the parties hereto and
cannot be varied except by written agreement of the undersigned parties,
except as expressly provided
herein.
7.3 Conicts. In the event of any conict between the terms, conditions, and provisions ofthis
employment
Contract and the provisions of the Board's Policies, or any permissive state or federal law, then, unless
otherwise prohibited by law, the specic terms of this Contract shall take precedence over the
contrary
provisions of the Board's Policies or any such permissive law during the term of the Contract.
7.4 Savings Clause. In the event any one or more of the provisions contained in this Contract shall, for any
reason, be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability
shall not affect any other provisions thereof, and this Contract shall be construed as if such
invalid,
illegal, or unenforceable provisions had never been contained herein. All existing agreements and
contracts, both verbal and written, between the parties hereto regarding the employment of the
Superintendent have been superseded by this Contract, and this Contract constitutes the entire agreement
between the parties unless amended pursuant to the terms of this Contract.

Lancaster /SD
E'ective May 9, 2019
Page8
Exhibit B
May 9, 2019
Superinten c ent of Schools
By: awEllen Clark

President
Board of Trustees
ATTEST:
M/p // Lahhonda Mays

€15
Vice President
Board of Trustees
Www monda Davis-Crawford @WCLL

Secretary
Board of Trustees

Lancaster /SD
E’ective May 9, 2019
Page8
ADDENDUM TO SUPERINTENDENT’S CONTRACT
THE STATE OF TEXAS COUNTY OF DALLAS § KNOWALL MEN BY THESE PRESENTS:
THIS ADDENDUM is made effective as of the 17th day of October 2019, by and between the Board
of Trustees (the "Board") of the Lancaster Independent School District (the "District") and
Elijah Granger
(the "Superintendent").
Superintendent's Contract entered May 9, 2019 remains in full force and effect, with the following two
additions being included:
Ill. COMPENSATION
3.15 Annual Raises/COLA. The superintendent will receive. at a minimum. a raise that is equal
to yearly teacher raises or teacher cost of living adjustment payouts for the duration of this contract
and any extensions. In addition. the Board may reward the superintendent at the Board's
discretion for outstanding achievements and recognitions as the Board deems necessary. This will
become effective July of the 2020-2021 school year and remain effect for the life of the contract.
IV. REVIEW OF PERFORMANCE

4.1 Incentive Pay. In the event that Lancaster lSD receives 85% or higher for the Overall
District Rating Percentage from the Texas Education Agency for each academic year of the life
of the Superintendent's Contract, the District will pay the Superintendent a stipend in the amount
of Fifteen-Thousand and no/1 00 Dollars ($15.000.00) within each current calendar year in which
the goal of 85% or above is met. [remaining paragraphs in lV. Superintendent's Contract remain
but are renumbered 4.2 to 4.6].
Signed and effective on October 17, 2019
-4 Schools
Ellen Clark, President, Board of Trustees
Waoom~
L
Rhonda Davis-Crawford, Secretary, Board of Trustees
4823-0194-2441 . l/D8999/BZ9039/10l019
ExhibitB
ADDENDUM TO SUPERINTENDENT’S CONTRACT
THE STA TE OF TEXAS COUNTY OF DALLAS § KNOWALL MEN BY THESE PRESENTS:
THIS ADDENDUM is made effective as of the 1" of September 2020. by and between the Board
of Trustees (the "Board") of the Lancaster Independent School District (the
"District") and Elijah Granger
(the "Superintendent“).
Superintendent's Contract entered May 9. 2019 remains in full force and effect. in addition to the
Addendum dated October 17, 2019 and the following change that requires the Superintendent's
evaluation be moved from December to October as approved by a majority of the Board at a
properly
noticed and called meeting on November 21, 201 9.
IV. REVIEW OF PERFORMANCE
4.2 4.2 Time and Basis of Evaluation. In October of every school year, the Board shall
evaluate and assess, in writing, the performance of the Superintendent. The evaluation and
assessment shall be conducted in accordance with the provisions of State law and/or the
administrative regulations issued by the Commissioner of Education and shall be
reasonably
related to the duties of the Superintendent as outlined in the Superintendent's job description.
The Superintendent shall provide a written reminder to the Board of its evaluation obligation at
least thirty (30) days prior to such Meetings.
Signed and effective on September 1. 2020.
midi?“
Mr. Elijah Granger. Superintenden fSchools
Mew
Ellen Clark, President, Board of Trustees
A ST:
w
r
K.
Rhonda Davis-Crawford, Secretary, Board of Trustees
1" = "I" "4823-0194-2441 .lrosmmzyozwloiow" 4323.01 94-2441. imse9or329039nmoi9

ClarkHilhD89990329039u6067327M 1-88 1/20
Exhibit B
Elijah Granger
Superintendent ofSchools
Certied Notice of Posting and Agenda

of Lancaster ISD Board 0f Trustees
Virtual Zoom Meeting

November 9, 2020 @ 2:00 PM
1. Zoom Video Conference & Call-in Information

The public may access this meeting via Zoom Video conference:
https://zoom.us/j/93528235804?pwd=ak11SnpGRjJaUldFeVNCUFZYbWhuUT09, Meeting ID:
935 2823 5804, Passcode: 981 123, by calling 1-346-248-7799 or by calling toll-free 1-833-302-
1536.
2. District Goals
Goal 1 - (G1) Improve Student Performance
Goal 2 - (G2) Fiscal Responsibility and Financial Transparency
Goal 3 - (G3) Campus Safety
Goal 4 - (G4) Improve Internal and External Communication
3. Call Meeting to Order
4. Citizens Communication on Posted Agenda Items
Should you wish to address the Board during public comment, please submit your name, address,
and the agenda item you wish to address to info@lancasterisd.org by 10:00 a.m. on Monday,
November 9, 2020. Please put the following in the subject line ofthe email: "Public Comment for
November 9, 2020 Called Meeting."
5. Recess to Closed Session
As authorized by the Texas Open Meetings Act, Texas Government Code Chapter 551 Tex. Gov't
Code: §55 1 .071 (Legal advice with school attorney),§55 1 .072 (Deliberation regarding real
property), §55 1 .074 (Personnel matters), and §55 1 .076 (Deliberation regarding security devices or
security audits).
A. Consultation with Legal Counsel Concerning Legal Issues Relating To:
1. Proposed Voluntary Separation Agreement and Release and Employment Status of
Superintendent
B. Discussion Regarding Proposed Appointment of Interim Superintendent
6. Reconvene in Open Session
Consider and take Possible Action on Items Discussed in Closed Session:
A. Discuss and Take Appropriate Action Regarding Proposed Voluntary Separation Agreement
and Release and Employment Status of Superintendent
B. Discuss and Take Appropriate Action Regarding Proposed Appointment of Interim
Superintendent
7. Adjournment
Exhibit C
This notice was posted in compliance with the Texas Open Meetings Act on Friday, November 6, 2020 at 2:00
p.m.
El'ja zinger, —
uerinte dent of Schools _- ) Ellen Clark

Board President
Exhibit C
Daniel Ortiz
From: Marion Hamilton <marion.hamilton@yahoo.com>

Sent: Sunday, November 8, 2020 8:21 PM
To: Daniel Ortiz
Subject: Fw: Called Meeting 11—9—2020
Forwarded Message
From: Marion Hamilton <marionhamiIton@lancasterisd.org>
To: marion.hamilton@yahoo.com <marion.hamilton@yahoo.com>
Sent: Sunday, November 8, 2020, 08:18:47 PM CST
Subject: Fw: Called Meeting 11-9—2020
From: Elijah Granger

To: Marion Hamilton; Ellen Clark
Subject: RE: Called Meeting 11-9-2020
Hello Ms. Hamilton,
This is closed session meeting and all documents will be shared in closed session. Have a good evening.
Thank you,
Dr. Elijah Granger

Superintendent of Schools
Lancaster ISD
422 S. Centre Ave.
Lancaster, Texas 75146
972-218-1464
“People are not your most important asset. The right people are.”
—
Jim Collins Good to Great _ _
'
' '
.LANCAETERISD HA5 BEEMSELEUEDAsrHE '.
'r_‘:-
$— m "'
Fon THE 201a
EXCELLENCE IN EDUCATIDN AWARD 0'
From: Marion Hamilton <marionhamilton@lancasterisd.org>
To: Ellen Clark <e|lenclark@lancasterisd.org>
Exhibit D
Cc: Elijah Granger <elijahgranger@lancasterisd.org>
Subject: Called Meeting 11-9-2020
Ellen/Dr. Granger,
|have reviewed the agenda for the upcoming meeting. Please fon/vard me a copy of all
correspondences in reference to the agenda item below so will be able to review in advance to |
make an informed decision.
1.Proposed Voluntary Separation Agreement and Release and Employment Status of

Superintendent.
Please provide this information prior to 6:00 pm today, November 8, 2020.
Thanks,
Marion Hamilton
District 1 Trustee
This e-mail may be privileged and/or confidential, and the sender does not waive any related rights and obligations. Any distribution, use or copying of this e-mail or the
information it contains by other than an intended recipient is unauthorized. If you feel you have received this e-mail in error, please advise me (by return e-mail or otherwise)
immediately. Information received by or sent from this system is subject to review by supervisory personnel, is retained and may be produced to regulatory authorities or others
with a legal right to the information. The Lancaster Independent School District does not discriminate on the basis of race, religion, color, national origin, gender, age, or
disability in providing education services, activities, and programs, including vocational programs, in accordance with Title VI of the Civil Rights Act of 1964, as amended; Title IX
of the Educational Amendments of 1972; and Section 504 of the Rehabilitation Act of 1973, as amended. The district Title IX contact is Dr. Tonia Howard at 972—218-1400. The
district Section 504 contact is Lamonica Williams at 972-218-1400.
This e—mail may be privileged and/or confidential, and the sender does not waive any related rights and obligations. Any distribution, use or copying of this e-mail or the
information it contains by other than an intended recipient is unauthorized. If you feel you have received this e-mail in error, please advise me (by return e-mail or otherwise)
immediately. Information received by or sent from this system is subject to review by supervisory personnel, is retained and may be produced to regulatory authorities or others
with a legal right to the information. The Lancaster Independent School District does not discriminate on the basis of race, religion, color, national origin, gender, age, or
disability in providing education services, activities, and programs, including vocational programs, in accordance with Title VI of the Civil Rights Act of 1964, as amended; Title IX
of the Educational Amendments of 1972; and Section 504 of the Rehabilitation Act of 1973, as amended. The district Title IX contact is Dr. Tonia Howard at 972-218-1400. The
district Section 504 contact is Lamonica Williams at 972—218—1400.
This e-mail may be privileged and/or condential, and the sender does not waive any related rights and obligations. Any distr bution, use or copying of this e-mail
or the information it contains by other than an intended recipient is unauthorized. If you feel you have received this e-mail in error, please advise me (by return e-
mail or othenNise) immediately. Information received by or sent from this system is subject to review by supervisory personnel, is retained and may be produced to
regulatory authorities or others with a legal right to the information.
Exhizbit D
The Lancaster Independent School District does not discriminate on the basis of race, religion, color, national origin, gender, age, or disability in providing
education services, activities, and programs, including vocational programs, in accordance with Title Vl of the Civil Rights Act of 1964, as amended; Title IX of the
Educational Amendments of 1972; and Section 504 of the Rehabilitation Act of 1973, as amended. The district Title IX contact is Dr. Tonia Howard at 972-218-
1400. The district Section 504 contact is Lamonica Williams at 972-218-1400.
Exhisbit D
VOLUNTARY SEVERANCE AGREEMENT AND RELEASE
THIS VOLUNTARY SEVERANCE AGREEMENT AND RELEASE ("Agreement”)
is made by and between the Lancaster Independent School District (“District”), a
political subdivision of the State of Texas, acting by and through its Board of Trustees
(“Board” or “Trustees”) and Elijah Granger (“Employee”) (collectively the “Parties”). The
Agreement is the final agreement between the District and Employee, and, except for
provisions that survive termination of the Contract (defined below), it controls the
contractual employment relationship between the Parties after the date of the
Agreement.
WHEREAS, Employee is currently employed as Superintendent by the District

under a Superintendent’s Employment Contract dated October 29, 2020 (the
“Contract”); and
WHEREAS, the current term of the Contract shall expire on October 28, 2025;
and
WHEREAS, Employee and the Board have reached a mutually acceptable

agreement for Employee to be reassigned to the position of Superintendent Emeritus as
of November 9, 2020 and to resign from the District as Superintendent Emeritus
effective at 11:59 p.m. on February 1, 2021; and
WHEREAS, strictly the voluntary act of Employee to resign his employment

it is
as Superintendent Emeritus of the District because Employee believes it will be in his
best interest, and that of the District, to voluntarily resign his position as Superintendent
Emeritus of the District, effective at 11:59 p.m. on February 1, 2021.
NOW, THEREFORE, in consideration of the following exchange of covenants

and mutual obligations, for good and valuable consideration, the receipt and sufciency
of which are hereby expressly acknowledged, the Parties acknowledge and agree as
follows:
1. Resignation. Employee does hereby voluntarily submit his resignation as

the Superintendent Emeritus effective at 11:59 p.m. on February 1, 2021 (“Resignation
Date”), and the Trustees do hereby accept his resignation as Superintendent Emeritus
effective at 11:59 p.m. on February 1, 2021. Employee’s resignation letter is attached
as Exhibit 1. By approving this Agreement, the Board accepts Employee’s resignation.
Notwithstanding anything to the contrary contained herein, Employee shall be paid his
full salary and benefits according to the terms stated in his Contract through the
Resignation Date.
A Severance Compensation. consideration of his resignation and

In
promises made herein by Employee, and in full accord, satisfaction and discharge of
any and all obligations, agreements, contracts, commitments, understandings, or
othen/vise, the District agrees to pay Employee the total severance amount of TWO
VOLUNTARY SEVERANCE AGREEMENT AND RELEASE 1
ClarkHill\D8999\B29040\261 2 1 43 89.v1 -1 1/6/20
CLARKHILL\D8999\B29040\26 1 2 1 43 89 .V4-1 1/7/20
ClarkHill\D8999\BZ9040\26 1 2 1 43 89.V6-1 1/9/20
Exhibit E
MILLION THIRTY-SIX THOUSAND FIVE HUNDRED SIXTY-SEVEN DOLLARS AND
SEVEN CENTS ($2,036,567.07) (“Severance Compensation”), less applicable payroll
withholding taxes and deductions, which represents the salary and benefits that
Employee would have earned under the Contract from the Resignation Date through
October 28, 2025. Additionally, the District agrees to pay TWO HUNDRED NINETY-
FIVE DOLLARS AND NO CENTS ($295.00) for Superintendent’s attorney’s fees in
reviewing this Agreement. The Severance Compensation shall be paid and distributed
as follows:
(a) After January 1, 2021 but on or before February 1, 2021, TWO HUNDRED
NINETY-FIVE and No/1OO Dollars ($295.00) shall be paid jointly to Employee and
Adams, Lynch & Loftin, P.C., and delivered to the law offices of Adams, Lynch & Loftin,
P.C., 3950 Highway 360, Grapevine, Texas, 76051;
(b) TWO MILLION THIRTY-SIX THOUSAND FIVE HUNDRED SIXTY-
SEVEN and 07/100 Dollars ($2,036,567.070) to be paid for the benefit of Employee 10
calendar days after the end of the Revocation Period end of the Revocation Period.
3. Payment. If Employee signs and does not revoke this Agreement, the
Severance Compensation amount will be paid to Employee ten (10) calendar days
after the District receives this executed Agreement and in accordance with Section 2.
The Severance Compensation shall be delivered to Employee via Federal Express
overnight delivery.
4. Taxes. In accordance with the Internal Revenue Code and regulations

thereunder, the Severance Compensation is treated as wages. District will withhold
Superintendent’s share of employment taxes from the Severance Compensation, as
calculated under applicable law, but shall not withhold any payments to the Teachers
Retirement System from the Severance Compensation. District will withhold
Superintendent’s federal income taxes from the Severance Compensation in
accordance with Superintendent’s Form W—4 on file at the time the Severance
Compensation is paid. District will withhold Superintendent’s federal income taxes from
the Severance Compensation in accordance with current IRS rules & guidelines.
Superintendent should consult with personal legal and tax advisers to determine any
consequences of federal, state, and local tax laws.
5. Non-admission of Liability. This Agreement and compliance with this
Agreement shall not be construed as an admission by the Parties of any liability
whatsoever, or as an admission by the Parties of any violation of the rights of another
party, violation of any order, law, statute, duty, or contract whatsoever.
6. Non-disparagement. The Board, individually and collectively, do hereby

agree that each of them shall refer any third-party inquiries regarding Employee’s
employment as an employee of the District and as the Superintendent of the District to
the Agreement through Ellen Clark, who served as the Board President during
Employee’s time of employment with the District. Employee shall refer any and all
inquiries from a third party, except for potential employers, regarding Employee’s
employment as an employee of the District and as the Superintendent of the District to
this Agreement; Notwithstanding anything to the contrary herein, the District, the
c1arkHi11m8999\1329040\261 214389.v1-1 1/6/20
CLARKHILL\D8999\B29040\261214389.V4-1 1/7/20
ClarkHill\D8999\B29040\2612143 89.V6-1 1/9/20
Exhibit E
Board, individually and collectively, and Employee expressly covenant and agree not to
make disparaging remarks, either oral or written, whether in-person or by social/digital
media, about the other party(ies), their agents, representatives, attorneys or assigns to
this Agreement. For the purposes of this paragraph, “disparage” or “disparaging” is
defined as the intentional making of a statement that discredits a person’s or entity’s
reputation and that is reasonably likely to cause damage to a person’s or entity’s
reputation.
7. Release of District by Employee. ln exchange for the mutual covenants

and promises granted herein, Employee hereby releases the District, its attorneys
(including but not limited to the law firm of Clark Hill Strasburger, its partners, and
employees), its past or present Board members, directors, administrators, employees,
officers, servants, agents, insurers, and representatives (collectively referred to as
“Released Parties”), from any and all causes of action of whatsoever character, that
exist and are known as of the date of Employee’s signing of this Agreement. The
release granted herein specifically includes, but is not limited to, all claims arising out of
or related to Employee’s employment with and separation from the District, such as
breach of contract, claims arising under Title Vl and/or Vll of the Civil Rights Act of
1964, Title IX of the Education Amendments of 1972, 42 U.S.C. § 1983, the Age
Discrimination in Employment Act, the Americans with Disabilities Act of 1990, the
Family and Medical Leave Act of 1993, the Civil Rights Act of 1991, Section 1981 ofthe
Civil Rights Act of 1866, the Rehabilitation Act of 1973, the Fair Labor Standards Act,
the Texas Commission on Human Rights Act, Texas Labor Code, the Texas Tort
Claims Act, the Texas Whistleblower Act, violations of statutory duty imposed by the
Texas Education Code, or any other federal, state, or local statute or law. Employee
agrees that this Agreement conclusively resolves any dispute Employee may have with
the Parties and shall act as a complete bar to every type of complaint, claim, grievance,
or lawsuit by Employee against the Parties for known or unknown claims. Employee
understands that he is not waiving any rights or claims that he may have that arise after
the date of this Agreement. In the unlikely event that an existing claim, as of the date of
the Resignation Date, was not released, Employee assigns such claims to the District.
8. Release of Employee by District. The District and the Board likewise

totally and completely, fully and finally, release, acquit, and forever discharge
Employee, his attorneys and agents, of and from any and all claims, actions, causes of
action, demands, rights, damages (including, but not limited to, consequential
damages), costs, attorney’s fees, expenses and compensation whatsoever, of any kind
or character, known or unknown, which the District and/or Board had, has, or which may
hereafter accrue on account of or in any way growing or arising out of Employee’s
employment relationship with the District and/or relationship with the Board and/or each
and every one of the Board members past and present excluding, however, those
claims or any causes of action where it is determined that Employee committed a
criminal act, ofcial misconduct, or committed a willful or wrongful act or omission, or an
act or omission constituting gross negligence, or acted in bad faith, with conscious
indifference or reckless disregard.

ClarkHill\D8999\B29040\26 1 2 1 43 89.v1 -1 1/6/20
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ClarkHill\D8999\B29040\26 l 2 1 43 89.V6-1 1/9/20
Exhibit E
9. E_mplovee’s Covenant Not to Sue. Employee expressly covenants and
agrees not to sue or participate, unless required by court order, in any federal or state
judicial or state administrative proceedingl against the District or its Board, Board
members, officers, employees, representatives, agents or attorneys, in their official or
individual capacities, related to or concerning his employment as Superintendent by
the District, the Board member’s actions regarding his employment as Superintendent
of the District, or his voluntary resignation from employment as Superintendent of the
District. Furthermore, Employee covenants and agrees not to raise, prosecute, or
participate in any grievance, complaint, or other claim against the District, its
employees, or Board members, and will take such action or actions as may be
necessary or required to withdraw or dismiss with prejudice any such grievance,
complaint, or claim raised by Employee, if any.
10. District’s Covenant Not to Sue. The District and Trustees expressly
covenant and agree not to sue or participate, unless required by court order, in any
federal or state judicial or administrative proceeding against Employee, his agents or
attorneys, related to or concerning Employee’s employment with the District or his
voluntary resignation of that employment. Furthermore, the District and Board covenant
and agree not to raise, prosecute, or participate in any grievance, complaint, or other
claim against Employee, and will take such action or actions as may be necessary or
required to withdraw or dismiss with prejudice any such grievance, complaint, or claim
raised by the District, if any, excluding, however, those claims or any causes of action
where it is determined that Employee committed a criminal act, official misconduct, or
committed a willful or wrongful act or omission, or an act or omission constituting gross
negligence, or acted in bad faith, with conscious indifference or reckless disregard.
11. Release and Termination of Contract. The Board, District and Employee
agree and understand that the Agreement constitutes a release, and, except to the
extent expressly set forth herein, terminates all rights of both Parties relating to the
Contract by and between Employee and the District concerning service as
Superintendent of the District. The release includes all contractual rights, liberty rights,
constitutional rights, statutory rights, and any other rights or claims, including but not
limited to, claims under 42 U.S.C. § 1983, Title Vl, Title Vll, Title IX, personal injury,
slander, property damage, and any EEOC or TCHRA claims either under state or
federal law, known or unknown, that might conceivably be asserted by either party
through the date of this Agreement.
12. Property and Personal Effects. On or before January 29, 2021,

Employee shall return to the District all keys, cell phones, computers, credit cards, if
any, and other property of the District, if any, in Employee’s possession as it relates to
Employee’s employment as the Superintendent of the District. On or before Monday,
1
“Administrative proceeding”, as used in this Agreement, includes, by way of example, but not by way of
limitation, any hearing or appeal before the District’s Board of Trustees, or before the State Board for
Educator Certification, or before the State Board of Education, or before the Texas Education Agency
under the Texas Education Code.
ClarkHill\D8999\B29040\261 214389.v1-1 1/6/20
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Exhibit E
November 9, 2020, Employee shall remove his personal effects and property from the
Superintendent’s office.
13.Reportinq Requirements. In accordance with Section 105.1021(b) of

Chapter 19 of the Texas Administrative Code, the District shall report the Severance
Compensation made to Employee by filing a Superintendent Payment Disclosure Form
with the Texas Education Agency (“TEA”) not later than the 60th day after the execution
of this Agreement.
14. Indemnification. To the extent it may be permitted to do so by applicable

law, the District does hereby agrees to defend, hold harmless, and indemnify Employee
from any and all demands, claims, including but not limited to suits, actions, judgments,
expenses and attorneys' fees incurred in any legal proceedings or administrative
proceedings currently pending or subsequently hereto brought against Employee in his
official capacity as an employee and as Superintendent of the District, providing the
incident(s) which is (are) the basis of any claim or lawsuit arose or does arise in the
future while Employee, as Superintendent and as an employee of the District, was
acting within the scope of Employee's employment with the District; excluding, however,
those claims or any causes of action where it is determined that Employee committed a
criminal act, ofcial misconduct, or committed a willful or wrongful act or omission, or an
act or omission constituting gross negligence, or acted in bad faith, with conscious
indifference or reckless disregard; and excluding any costs, fees, expenses or damages
that would be recoverable or payable under an insurance contract, held either by the
District or by Employee. The selection of Employee's legal counsel shall be made with
the mutual agreement of Employee and the District, which agreement will not be
unreasonably withheld by either party. A legal defense may be provided through
insurance coverage and if such insurance coverage does not allow selection of counsel,
then Employee will not have a right to select counsel. Similarly, Employee does hereby
agree to defend, hold harmless, and indemnify the District and Board from any and all
demands, claims, including but not limited to suits, actions, judgments, expenses and
attorneys' fees incurred in any legal proceedings or administrative proceedings currently
pending or subsequently hereto brought against District, providing the incident(s) which
is (are) the basis of any claim or lawsuit which relates to any criminal act, official
misconduct, willful or wrongful act or omission, an act or omission constituting gross
negligence, action in bad faith, with conscious indifference or reckless disregard,
alleged against Employee during his employment as Superintendent and/or as an
employee of the District; and excluding any costs, fees, expenses or damages that
would be recoverable or payable under an insurance contract, held either by the District
or by Employee.
15. Assistance from Employee. After the Resignation Date, Employee

agrees to provide assistance to and cooperate with the District, its Board, Trustees,
agents, and attorneys in response to, or in defense of, any demand, claim, complaint,
suit, action or legal proceeding brought against the District, Board, its Trustees, or
agents, arising from any acts or events alleged to have occurred during the term of
Employee’s employment with the District, at no additional expense to the District other
ClarkHill\D8999\B29040\261 2 1 43 89.v1 -1 1/6/20
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Exhibit E
than reimbursement to Employee for his documented reasonable and necessary out-of-
pocket expenses, plus reimbursement of any salary lost by Employee by virtue of his
taking time off from his then current employment to assist the District at its request. If
Employee is not employed at the time, the District shall compensate him at Employee’s
daily rate of pay, calculated by dividing his salary under the Contract by 226. Requests
for assistance from Employee with respect to such matters shall be made through the
Board of Trustees’ President, any successor Superintendent, and/or legal counsel for
the District, and the amount to be reimbursed to Employee shall be mutually agreed
upon in advance.
16. ADEA KNOWING AND VOLUNTARY WAIVER. The Parties

specifically represent and warrant that they are currently competent and have
authority to sign this Agreement. The Parties represent and agree that they have
carefully read all of the provisions of this Agreement and have been advised that
they have had the opportunity to consult with an attorney. The Parties
understand that they are waiving claims by signing this Agreement. Employee
understands that Employee will receive consideration beyond that which
Employee was otherwise entitled to receive before entering into this Agreement.
The Parties enter into this Agreement voluntarily and with the full and complete
understanding of its terms. Employee understands that Employee may consider
the terms of this Agreement for a full twenty-one (21) calendar days before
signing, and that Employee may revoke acceptance to this Agreement within
seven (7) full calendar days (“Revocation Period.”) of its signing, by a written
letter. Provided, however, in the event of a revocation by Employee, this
Agreement is immediately void and the District will not be required to pay the
Severance Compensation to Employee. The Severance Compensation offer will
be withdrawn and rendered void if this Agreement is not signed and returned on
or before the twenty-first (21st) calendar day after Employee’s receipt of this
Agreement from the District. The District acknowledges that it provided this
Agreement to Employee on November 9, 2020. Employee further understands
that the release in this Agreement includes a waiver of all rights and claims
which Employee may have arising under the ADEA. Employee understands that
by signing this Agreement, Employee waives Employee’s rights or claims under
the ADEA that exist as of the Effective Date of this Agreement. Employee further
understands that Employee is not waiving rights or claims under the ADEA that
may arise after the Effective Date of this fully-executed Agreement.
17. Severability. Should any provision of this Agreement be declared or be

determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable,
the legality, validity and enforceability of the remaining parts, terms or provisions shall
not be impacted thereby and said illegal, unenforceable, or invalid term, part or
provision shall be deemed not to be a part of this Agreement.
18.Entire Agreement and Modification. The Parties hereto represent and

acknowledge that in executing this Agreement they do not rely on and have not relied
upon any representation or statement made by any of the Parties or by any of the
ClarkHill\D8999\B29040\261 2 1 43 89.v1 -1 1/6/20
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Exhibit E
Parties’ agents, attorneys or representatives with regard to the subject matter or effect
of this Agreement, other than those specifically stated in this written Agreement. This
Agreement sets forth the entire Agreement between the Parties hereto and fully
supersedes any and all prior agreements and understandings, written or oral, between
the Parties hereto pertaining to the subject matter hereof. This Agreement may only be
amended or modified by a writing signed by the Parties hereto. Any waiver of any
provision of this Agreement must be in writing and shall not constitute a waiver of any
other provision of this Agreement unless expressly so indicated. The Agreement shall
be binding upon all the parties hereto, their respective heirs, executors, administrators,
successors and assigns.
19. Counterparts. 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.
20. Choice of Law and Veng. This Agreement shall be construed and
interpreted in accordance with the laws of the State of Texas, without regard to the
conflict of laws. The Parties agree that venue for any dispute arising under this
Agreement or between Employee and the District pertaining to this Agreement shall be
in state district court in Dallas County, Texas.
21. Enforcement. It is further understood and agreed that if, at any time, a
violation of any term of this Agreement is asserted by any party hereto, that party shall
have the right to seek specific performance of that term and/or any other necessary and
proper relief, including but not limited to damages, and the prevailing party shall be
entitled to recover its reasonable costs and attorney’s fees.
22. Authorization. The President of the Board of Trustees has 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 meeting on November
9, 2020.
IN WITNESS WHEREOF, all the Parties hereto have executed the Agreement in
multiple originals to be effective from and after the last signature hereto.
[Signature pages follow]

ClarkHill\D8999\BZ9040\26 1 2 1 43 89.v1 -1 1/6/20
CLARKHILL\D8999\B29040\26 1 2 1 43 89 .V4-1 1/7/20
ClarkHill\D8999\B29040\26 1 2 1 43 89.V6-1 1/9/20
Exhibit E
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared Elijah
Granger, known to me or as identified on a Texas drivers’ license, who upon being by
me first duly sworn, upon his oath deposed and stated that he has the capacity to enter
into this Voluntary Severance Agreement and Release and that he has read and
understands the foregoing Voluntary Severance Agreement and Release, and that he
executes the same for the purposes and consideration therein expressed.
GlVEN UNDER MY HAND AND SEAL OF OFFICE this the a day of NWW
2020.
Notary o Texas U
Publicéte
My commiSSion EXPireS3
:‘\o““v'l:gop,,
$-
MAneAmtA GONZALEZ ENRlousz
u‘a’gNotary Public, State of Texas
H
Date; I] /
90 2/] Efgaaé Comm. Expires 11-28-2021
\
"7233?? Notary ID 131363479
VOLUNTARY SEVERANCE AGREENIENT AND RELEASE 8

ClarkI-Iill\D8999\B29040\261214389.v1-1 1/6/20
CLARKHILL\D8999\B29040\26 1 2 143 89.v4-1 1/7/20
Exhibit E
Ellen Cark, President
Board of Trustees
Lancaster Independent School District
STATE 0F TEXAS §
§
COUNTY 0F DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared Ellen
Clark, known to me or as identified on a Texas drivers’ license, who upon being by me
rst duly sworn, upon her oath deposed and stated that she has the capacity to enter
into this Voluntary Severance Agreement and Release and that she has read and
understands the foregoing Voluntary Severance Agreement and Release, and that she
executes the same for the purposes and consideration therein expressed.
2020.
GIVEN UNDER MY HAND AND SEAL 0F OFFICE this the Cl day of W
7)?
Nota PublicLState of Texaé/
A’Vv
My Commission Expires:
\umm’1 I
MARGAmrA GONZALEZ ENRiouez

95’
:i‘yfggl,
foENotary Public, State of Texas
“gem
Date: ll' 93' 20}! ‘

7% Comm. Expires 11- 28- 2021
o‘ Notary ID 131363479
’9”, 0F 5%:

C1arkHiiI\D8999\Bz9040\261214389.v1-11/6/20
CLARKHILL\D8999\BZ9040\2612 14389.v4-1 1/7/20
Exhibit E
EXHIBIT 1
LANCASTER ISD BOARD OF

TRUSTEES
November 9, 2020
Ellen Clark, President

Board of Trustees
Lancaster Independent School District
Dear Ms. Clark:
lhereby submit my resignation as an employee and as Superintendent Emeritus of the

Lancaster Independent School District, to be effective 11:59 p.m. February 1, 2021.
My resignation as the Superintendent Emeritus and an employee of the Lancaster

Independent School District is tendered, subject to, and in accordance with, the ten'ns,
conditions and provisions of that certain Voluntary Severance Agreement and Release
between the Lancaster lndependent School District and me effective the 9th day of
November; 2020.
Sincerely,

C1arkHill\D8999\B29040\26 12143 89.v1-1 1/6/20
CLARKHILL\D8999\B29040\2612 143 89.v4-1 1/7/20
Exhibit E

Lancaster ISD Amended Petition

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FILED

1 TRO - 1 NOT ESERVE 11/17/2020 10:27 AM

CAUSE NO. DC-20-16656

MARION HAMILTON, TY G. JONES, § IN THE DISTRICT COURT OF

PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION

development of the facts. In support thereof, Plaintiffs respectfully show as follows.

Civil Procedure 190.2.

Plaintiffs’ First Amended Original Petition and

Lancaster, Texas 75146.

relief, which is in an amount and of a character within this Court’s jurisdiction.

events or omissions giving rise to Plaintiffs’ cause of action arose or occurred.

8. All conditions precedent to suit have been satised.

service of this request, the information or material described in Rule 194.2.

Plaintiffs’ First Amended Original Petition and

the now-resigned Superintendent Elijah Granger’s (“Granger”) Contract (the “Superintendent’s

earned through the Contract Term.

Plaintiffs’ First Amended Original Petition and

Employment Status of Superintendent.

before the meeting.

“Severance Agreement”) to be discussed at the meeting. (M)

a. A payment to Granger of $2,036,567.07 to be made within ten (10) days after a

seven-day revocation period (the “Payoff’);

Plaintiffs’ First Amended Original Petition and

and maintain the public purpose to be served.

of the seven Board members voted to adopt the Severance Agreement.

in the adopted budget or a supplementary or amended budget commits a Class-C misdemeanor

Plaintiffs’ First Amended Original Petition and

27. Plaintiffs’ harm suffered is as a result of Lancaster ISD’s malice or reckless

indifference for which Plaintiffs seek damages.

purpose to be served. Tex. Loc. Gov’t Code § 180.007(c).

Government Code § 180.007(c) in a public hearing.

33. For these reasons, the Severance Agreement is void.

Plaintiffs’ First Amended Original Petition and

other corporations whatsoever,” with certain exceptions.

subdivisions exercising delegated legislative powers, requiring governmental bodies to:

a. Ensure the predominant purpose of the expenditure is to accomplish a public

purpose, not to benet private parties;

and protect the public’s investment; and

c. Ensure that the political subdivision receives a return benet.

Pool, 74 S.W.3d 377, 384 (Tex. 2002)).

Tex. Educ. Code § 4.001(a).

Plaintiffs’ First Amended Original Petition and

40. For these reasons, the Severance Agreement is void.

42. Consideration is an essential element of a contract of settlement. Aubrey v.

compromise of a disputed claim or a doubtful right is sufcient consideration to support a

43. The Severance Agreement is not supported by the essential element of

no dispute between the District and Granger.

IX. APPLICATION FOR TEMPORARY RESTRAINING

Plaintiffs’ First Amended Original Petition and

Injunction, and a Permanent Injunction.

48. Unless Defendant is immediately restrained, Plaintiffs will have no adequate

a. Issuing the Payoff amount to Granger; and

b. Taking any action related to the Severance Agreement or Granger’s employment

from harming the Plaintiffs.

19. Plaintiffs demand a trial by jury.

Plaintiffs’ First Amended Original Petition and

not limited to the following relief:

a. Injunctive relief, including barring the District from:

i. Issuing to Granger any payment under the Severance Agreement

b. Attomey’s fees and costs;