A proposed buy-out of School Director Mark Willoughby’s remaining contract is one step closer to becoming a final. In a special-called meeting by the DeKalb County Board of Education Monday night, a motion was passed 6-1 to buy out the remaining contract paying the director’s salary for May and June, as well as his insurance cost. Willoughby has until tomorrow, April 8 at 8 a.m. to notify the board if he accepts the proposed offer.

"I never have asked that my contract be bought out," said Willoughby. "I gave my notice of my retirement, and I thought that would be fine."

"I’m good either way. I’m good on staying until June 30, and I’m good on if you want to buy my contract out. The only way I would accept my contract being bought, purchased, is through June 30. I hope that everybody can understand that. I’ll be very professional about it, and I would ask that everybody else be professional about it. I’ll walk away as a professional, or I’ll stay as a professional. I will be professional either way it goes," Willoughby stated.

He then presented each board member with a proposed negotiated settlement agreement/release of all claims stating this was all he would agree to. The agreement mirrored a similar contract submitted by a director in East Tennessee whose contract had been bought out. Willoughby had emailed a copy of the agreement to Tennessee State School Board Association Attorney Randall Bennett for review and School Board Vice-Chairman Doug Stephens. He also asked for the board’s consideration that he hand out diplomas at the upcoming high school graduation. However, the latter request was never discussed after board members reviewed his proposed settlement.

The agreement/release stated Willoughby would be "released and discharged" from the DeKalb County Board of Education, their insurers, affiliates, agents, officers, directors, executors, administrator, successors, assigns, and all other persons association and/or corporations, whether named or referred to or not from all causes of action, suits, debts, dues, sums of money, accounts, bills, covenants, contracts, controversies, agreements, promises, damages, judgments, executions, claims and demands in law and equity arising out of any act or occurrence or omission up to the present time and particularly on the account of all personal injury, losses, or damages of any kind sustained as a result of employment with the school system.

It also stated the school system would agree to pay to Willoughby:

• Salary through June 30;

• All insurance benefits June 30;

• All accrued personal leave (vacation) days in lump sum on the last effective day of the agreement.

School Board Chairman W.J. "Dub" Evins, III immediately addressed Willoughby with the question, "You’re asking to be released from all the contracts we have with Johnson’s Control and everyone, where they may come back on us and everything?"

"That is what I would agree to," replied Willoughby. "And Johnson Controls has done what they were supposed to."

Evans stated he was just using them as an example, at which time Willoughby asked what the other board members thought.

"It’s just one of those last minute things again," Evins added. "If you talked to Doug Stephens about this, I’m sure this was sent by email."

Jerry Wayne Johnson agreed that the paperwork should have been given to board members earlier so it could have been discussed.

After input from each board member, a motion was made to update the submitted agreement, excluding release of all claims, as well as payment of accrued personal leave days, which the school system does not offer, as this was offered in the mirrored agreement from the East Tennessee school system. Willoughby asked that the agreement be in writing so he could have an attorney review it before making a decision. The motion passed 6-1, with Jerry Wayne Johnson voting no.

During the term of the agreement, no additional personal leave days will accrue, and salary and benefit payments will not increase or decrease. Such salary and benefits shall be paid upon the regularly scheduled dates established by policy or practice for all currently employed licensed personnel.

Evins said that it was his understanding after consulting a TSBA attorney that if Willoughby does not accept the proposal, the board has the option of giving him a 15-day notice and paying him through June 30.

The board also agreed since Director Willoughby had already been paid in advance for April he should remain until an interim director is named. This could possibly be done by the board’s next regularly scheduled meeting on April 16.