Exclusive: Details from the release agreement between CCPS BOE and Dr. Molly McComas

Published 6:00 am Thursday, July 14, 2022

The Clark County Public Schools Board of Education and former superintendent Dr. Molly McComas announced a mutual parting of ways in the early minutes of June 28th’s regularly scheduled board meeting to the shock of many across Clark County.

The board approved an agreement releasing the former superintendent from her three-year contract during a special-called meeting on July 5th, a little less than a year after it was signed.

Board chair Megan Hendricks and board attorney Rebecca McCoy signed the agreement the same day as the meeting. McComas signed the document the next day.

McComas had until 4:30 p.m. on Wednesday to revoke the agreement with the board. The agreement states that “If this Agreement is not revoked by McComas during said Revocation Period, it shall be deemed fully accepted by McComas.” 

While what led to the surprise dissolution of the relationship between the board and McComas remains unknown, the Sun was able to obtain a copy of the agreement releasing McComas from her contract earlier this week through a records request sent to the school district.

Here are the highlights: 

McComas will receive a six-figure payout from CCPS and be vested her accrued leave.

The board will pay McComas “the total sum of $112,500.00 after the expiration of the ‘Revocation Period’ hereinafter set forth, in one or more payments as agreed by the parties.”

The former superintendent will also be vested 12 unused sick days, one personal day, and 20 unused vacation days that “shall be deemed to roll over to her accumulated sick leave” from her time of employment with the school district to be used for any future employment she might have at another Kentucky school system.

By accepting the agreement, McComas was required to deliver a formal resignation.

The agreement states that McComas would deliver her resignation from the school district effective June 30 and that the board would accept it at a special-called meeting.

The agreement contains a clause stating that McComas will never attempt to seek employment with CCPS again.

By accepting the agreement, McComas “will not apply for or attempt to return to any form of employment, consulting or independent contractor relationship” with the school system. The former superintendent is allowed to list the board as a former employer, and if any inquiry is made about her time in and exit from Clark County, the board will state that McComas resigned.

The agreement contains a public communications clause.

The board and the superintendent agreed that all communications with a third party regarding the end of McComas’ employment will be referred to as a “mutual parting of ways,” “resignation,” or “similar language.” Neither party is contractually allowed to “say anything negative, disparaging or untrue about the other when communicating with third parties.” 

The payments are the only remunerations McComas will receive from the school board.

By accepting the agreement McComas “nor anyone on her behalf, shall not take any action to seek damages, attorney fees or costs incurred to seek any other payment, remuneration or reimbursement for the Board for any action or inaction prior to Acceptance.”

Both parties agreed that no claims are implied against the other.

The agreement states that it “will not be construed as a suggestion that McComas or the Board have any claims against the other and, in fact, each party hereto expressly denies there are any such claims … In fact, each party expressly denies any improper or unlawful act or omission.” 

The board and the former superintendent also agreed to “discharge the other” from any “claims, liabilities, costs and damages of any nature whatsoever in connection with McComas’ employment and discontinuance of her employment with the Board.”

The parties also agreed that they “herby fully and completely indemnify and hold harmless” one another from any damages that “may exist or arose or might be claimed to exist or arose” prior to the agreement.