Details of the Silvus deal appear | News, Sports, Work

More information has become available about the transition agreement between former Superintendent Brad Silvus, Marietta City Schools and the Marietta City Schools Board of Education, which saw him step down as superintendent and become a consultant.

Silvus, Board of Education President Sam Tuten and Treasurer Frant Antill signed a transition agreement on Oct. 28 that states Silvus has resigned as superintendent, contingent on the board hiring him as a consultant by March 15. 2025 year.

Silvus’ resignation took effect Monday when the Marietta Schools Board of Education voted unanimously 4-1 at a board meeting to accept his resignation after an executive session that lasted more than 90 minutes. Board member Eric Reid voted against, according to draft minutes of the meeting.

Silvus’ contract as superintendent was set to expire on July 31, 2025, according to the transition agreement, and as a consultant, he will receive the same salary and benefits he received under his superintendent contract.

As a consultant, Silvus will provide the services that are available “in accordance with his skills, education and experience as a superintendent/school administrator as required by the administrative team”, the transfer agreement states, and while he will not report to work in person every day, he will be available from 8:00 a.m. to 4:00 p.m., Monday through Friday “respond by cell phone and email within a reasonable time to reasonable employment-related inquiries from the Assistant Superintendent, any Interim Superintendent, the Superintendent (if hired) and/or the Treasurer” due to the expiration of the contract.

The transition agreement states that the agreement is not subject to the Ohio Revised Code section or the board’s policy on suspension of administrator contracts and “No proceeding under RC 3319.16 shall be instituted on any facts existing before the date of this agreement.”

Section 3319.16 of the Ohio Revised Code governs the termination of teacher contracts by the board of education only for good and just cause and explains the termination process, including the teacher’s right to request a termination hearing.

According to the transition agreement, Silvus will be allowed to look for another job during his counseling period.

The agreement stated that if he accepted another job during the term of the agreement, the agreement would be mutually terminated the day before the other job began.

“Provided that, pursuant to this agreement, the board will continue to provide compensation to Mr. Silvus equal to the difference between the compensation and benefits set forth in this contract with the board and the compensation and benefits he receives for other employment,” stated in the transfer agreement.

The Board will also pay the difference between any insurance premiums at the other place of employment that it would not have to pay under the transfer agreement.

The agreement stated that Silvus would receive the difference only if the other employee’s compensation and benefits were less than the compensation and benefits set forth in the transition agreement.

Under the transition agreement, the board will continue to provide Silvus with cell phone compensation, but not professional development compensation or mileage reimbursement.

Silvus is required to notify the county treasurer if he receives any other employment within three days of starting the other employment, and to provide timely information on the compensation and benefits of the other employment, failing which the agreement is automatically terminated.

After the agreement expires on March 15, 2025, or upon termination of the agreement, whichever comes first, the board will pay Silvus 20 days of accrued and unused vacation time by paying his daily rate of pay for each day, the agreement said.

The transition agreement states that Silvus and the board release each other from all known and unknown actions, claims, demands, liabilities, actions, costs, interest, costs, claims for attorneys’ fees and compensation of any nature, whether or not whether based on negligence, tort, contract or other theory or remedy which Silvus may have based on facts existing before the date of the agreement or which the board may have based on any alleged act or omission of Silvus and at any time before the date of the agreement.

“This general release of claims also applies to any rights or claims arising under the federal Age Discrimination in Employment Act of 19678, as amended (ADEA), Ohio’s age discrimination laws, and all other federal, state and local laws”, it is said.

The agreement stated that nothing in it would be construed as an admission of liability or guilt by either party.

“Indeed, the board expressly denies any breach of law or contract and all allegations of illegal and/or improper conduct,” the agreement says. “Furthermore, the parties agree that neither is to blame for anything related to Mr. Silvus’s work.”

There were no requests for any letter of resignation from Silvois, any document from the board for Silvus to be a consultant instead of superintendent, and any document from the board regarding how much Alison Woods will be paid to serve as interim superintendent returned as of press time.

Tuten made additional comments regarding the selection of Woods as interim superintendent.

“(Alison) Woods has stepped in as interim superintendent to support our district during this transition, and the board has full confidence in her ability to lead.” he said. “In addition to her role as director of student services, (Ali) will be supported by a strong team of (Marietta High School Interim Principal) Tim Fleming, (District State Testing Coordinator) Bernie Boyce, building administrators and staff who will all step up to ensure uninterrupted work. Transitions and changes can be difficult, but I am very proud to have such dedicated leaders in our district.

The next Board of Education meeting will be held on November 25 at 6:00 pm at 111 Academy Drive, Marietta.