Board of Education Settlement Agreement with Dr. Uyi Osunde

By Barbara Heimlich
Editor

On June 24th, 2024, the Stratford Crier submitted a FOIA (Freedom of Information Act) request to Pamela Mangini, Chief Operating Officer of the Board of Education, requesting information on how much the Board of Education has spent on attorney fees in defense of their investigation and ultimately the lawsuit against Dr. Osunde.

In Connecticut, a public agency is required to respond to a FOIA request within four days. While the law promotes transparency, certain exceptions are allowed for information like personal privacy, medical records, and public security.

On January 13, 2025, Heather Borges responded to the FIOA request:

Legal Expenses Related to Dr. Osunde in FIOA Request:

Crier FOIA Request:  All attorney fees and costs incurred in reviewing Dr. Osunde’s performance during the investigation, negotiating his settlement, and any related matters over the past 16 months.

BOE Response: This requests information and not public records. We can tell you that counsel advises us that the cost to the district of the investigation and the initiation of charges were approximately $117,000.

In a statement made by Michael Henrick, Chairman of the Stratford Board of Education, “payments to Dr. Osunde and his attorneys was made by and paid for by the school district’s insurance provider. No school district funds will be used to pay for that portion of the settlement. The school district will be responsible for paying the cost to continue Dr. Osunde’s health insurance and the payment of unused vacation, which is required under his contract.”

The Separation Agreement and General Release was made this 14th day of November, 2024, by and between the STRATFORD BOARD OF EDUCATION, Michael Henrick, Kristen Bedell, Sean Kennedy, and William O’Brien and Dr. UYI OSUNDE, Superintendent of Schools.

Dr. Osunde filed a lawsuit in Federal District Court styled Osunde v. Henrick, et al., Case No. 3:24-cv-00676-VDO (the “Lawsuit”) as well as charges of discrimination against the Board, certain of its members and other Town officials filed with the Commission on Human Rights and Opportunities Case Nos. 2420419, 2420420, 2420421, 2420422, 2420423, 2420424 (the “Discrimination Complaints”).

Both the Board and Dr. Osunde were in agreement to resolve the lawsuit, and to move that forward Dr. Osunde informed the Board of his intention to pursue other professional opportunities, and as such, agree Dr. Osunde’s employment by the Board should end. 

The Parties, acting of their own free will, agreed to:  The Board ends Dr. Osunde’s paid leave of absence and reinstates him to his position for one day. During that day he shall not report to work and shall have no right to exercise his authority as Superintendent of Schools. Dr. Osunde voluntarily resigns from employment with the Board effective at the end of the day of his one-day reinstatement, and has executed a voluntary and irrevocable resignation letter that Dr. Osunde will submit to the Board. Dr. Osunde understands and agrees that said resignation is irrevocable. The Board hereby accepts Dr. Osunde’s resignation.

The Board paid to Dr. Osunde the sum of $500,000 payable as follows:

• within thirty (30) calendar days from Dr. Osunde’s execution of this Agreement, $50,000 shall be paid to Dr. Osunde in the form of severance from which ordinary payroll deductions shall be taken and which will be reflected in a W-2

• $120,000 shall be paid to Madsen, Prestley & Parenteau, LLC for attorney’s fees and costs

• After January I, 2025 and before January 8, 2025, $140,000 will be paid to Dr. Osunde as wages in the form of severance from which ordinary payroll deductions shall be taken and which will be reflected in a W-2

• After June 1 and before June 8, 2025, $190,000 shall be paid to Dr. Osunde as compensation for alleged emotional distress and pain and suffering and reputational harm, from which no deductions or withholdings shall be taken.

Dr. Osunde and his eligible dependents will remain on the same medical and dental insurance plan under which they had coverage as of the date of his resignation through June 30, 2027 and the Board shall cover the costs for Dr. Osunde and his eligible dependents through June 30, 2027.

The Board will pay Dr. Osunde for 40 unused vacation days, less required deductions.

Editor’s Note:  The full statement from Michael Henrick, Chairman of the Board of Education, and the complete Settlement Agreement follow.

It should be noted that the following salaries were not covered by insurance, but are paid as part of the Stratford Public Schools budget, which is funded by taxpayers. Heather Borges, who has been serving in the Acting Superintendent Role since Dr. Osunde was placed on leave, was receiving an additional $250 a day ($1250 a week); however, in October, her stipend was retroactively (August 29th) raised to $450 a day, giving her an additional $2250 a week on top of her regular salary. Kate Ceriello, Special Education Supervisor, has been receiving a $100 a day stipend since January 2, 2024, minus several weeks of time off last summer. In addition, Lori DiBlasi has received $75 an hour in an agreement set for about 20 hours per week since September 18th, 2024. We are unsure of the actual number of hours per week she has worked.

As previously reported, a settlement has been reached between the Stratford Board of Education and Dr. Uyi Osunde. A number of news outlets have asked for copies of (1) the investigation report and (2) the settlement agreement with Dr. Osunde.

The investigative report continues to be protected by the attorney-client privilege and an order of the Federal District Court for the District of Connecticut, so cannot be released. You may wish to review the previously released document regarding the charges presented to Dr. Osunde at completion of the investigation.

Attached is a copy of the settlement agreement reached with Dr. Osunde. I wish to point out that the decision to make the payments to Dr. Osunde and his attorneys was made by and paid for by the school district’s insurance provider. No school district funds will be used to pay for that portion of the settlement. The school district will be responsible for paying the cost to continue Dr. Osunde’s health insurance and the payment of unused vacation, which is required under his contract.

We are looking forward to closing this chapter and selecting a new Superintendent of Schools.

Michael Henrick

Chairman

Stratford Board of Education

SEPARATION AGREEMENT AND GENERAL RELEASE

This Separation Agreement and General Release (hereinafter “Agreement”) is made this 14th day of November, 2024, by and between the STRATFORD BOARD OF EDUCATION, Michael Henrick, Kristen Bedell, Sean Kennedy, and William O’Brien (hereinafter referred to collectively as the “Board”) and Dr. UYI OSUNDE, Superintendent of Schools (hereinafter “Dr. Osunde”). Wherever used in this Agreement, the term “Board” shall include all officers, members, employees, agents, representatives, of the Stratford Board of Education, in their individual and/or official capacities. The Board and Dr. Osunde are sometimes referred to herein collectively as the “Parties” or individually as a “Party.”

WHEREAS, Dr. Osunde is employed by the Board as its Superintendent of Schools; and WHEREAS, the  Board  initiated  an  investigation  regarding  Dr. Osunde  (the

“Investigation”) and placed him on paid administrative leave; and

WHEREAS, Dr. Osunde filed a lawsuit in Federal District Court styled Osunde v. Henrick, et al., Case No. 3:24-cv-00676-VDO (the “Lawsuit”) as well as charges of discrimination against the Board, certain of its members and other Town officials filed with the Commission on Human Rights and Opportunities Case Nos. 2420419, 2420420, 2420421, 2420422, 2420423, 2420424 (the “Discrimination Complaints”); and

WHEREAS, the Board initiated a termination proceeding against Dr. Osunde; and WHEREAS, Dr. Osunde denies the allegations made against him by the Board, and the Board denies that it discriminated or retaliated against Dr. Osunde; and

WHEREAS, the Parties wish to resolve the foregoing, Dr. Osunde has informed the Board of his intention to pursue other professional opportunities, and as such, agree Dr. Osunde’s employment by the Board should end.

NOW, THEREFORE, for the purpose of fully and finally resolving all matters and disputes arising out of or in any way connected to Dr. Osunde’s employment with the Board, and in consideration of the mutual promises and covenants contained herein, the Parties, acting of their own free will, hereby agree as follows:

1.         The Board hereby ends Dr. Osunde’s paid leave of absence and reinstates him to his position for one day on the effective date of this Agreement. During such day he shall not report to work and shall have no right to exercise his authority as Superintendent of Schools.

2.         Dr. Osunde hereby voluntarily and irrevocably resigns from employment with the Board effective at the end of the day of his one-day reinstatement, and has executed a voluntary and irrevocable resignation letter that Dr. Osunde will submit to the Board. Dr. Osunde under-stands and agrees that said resignation is irrevocable. The Board hereby accepts Dr. Osunde’s resignation effective at the end of the day of his reinstatement. Dr. Osunde shall promptly return all school district property and be given the opportunity to retrieve his property.

3.         The Board shall pay or cause to be paid to Dr. Osunde the sum of $500,000 payable as follows:

(a)       within thirty (30) calendar days from Dr. Osunde’s execution of this Agreement, (1) $50,000 shall be paid to Dr. Osunde in the form of severance from which ordinary payroll deductions shall be taken and which will be reflected in a W-2; and (2) $120,000 shall be paid to Madsen, Prestley & Parenteau, LLC for attorney’s fees and costs pursuant to 26 U.S.C. 62(a)(20) and reported on a Form 1099-MISC (box 10);

(b)       After January I, 2025 and before January 8, 2025, (1) $140,000 shall be paid to Dr. Osunde as wages in the form of severance from which ordinary payroll deductions shall be taken and which will be reflected in a W-2; and

(c)       after June 1, 2025 and before June 8, 2025, $190,000 shall be paid to Dr. Osunde as compensation for alleged emotional distress and pain and suffering and reputational harm, from which no deductions or withholdings shall be taken, and which shall be reported on a Form 1099-MISC (box 3). All payments to Dr. Osunde shall be by check delivered by certified mail to his home address. He will notify the Board of any change in address.

4.         If Dr. Osunde enrolls in COBRA continuation coverage of his health insurance (medical and dental), Dr. Osunde and his eligible dependents shall be entitled to remain on the same medical and dental insurance plan under which they had coverage as of the date of his resignation through June 30, 2027 and the Board shall cover the costs for Dr. Osunde and his eligible dependents through June 30, 2027, provided, however, for the period July 1, 2026 to June 30, 2027 should Dr. Osunde become eligible for coverage from other employment, the Board’s obligation to provide coverage shall end. Dr. Osunde shall immediately notify the Board should he become eligible for such coverage. Dr. Osunde agrees that, to the extent that any federal, state, or local taxes may be or become due or payable by him as a result of the above payments, he shall be solely responsible for paying such taxes. Dr. Osunde shall reimburse the Board for the cost of said insurance for the period after July 1, 2026 if Dr. Osunde becomes eligible for insurance coverage from other employment during that time and he fails to notify the Board.

5.         The Board shall promptly pay Dr. Osunde for 40 unused vacation days, less required deductions.

6.         It is agreed and specifically acknowledged by the Parties that the benefits to be provided pursuant to this Agreement constitute a full and final settlement of any and all claims against the Board that Dr. Osunde has or may have and Dr. Osunde is not entitled to any other payment, benefits, or compensation, in any form for any reason, from the Board after he ceases employment, other than Dr. Osunde’s regular salary through his last day of employment which the Board will pay to Dr. Osunde in accordance with its ordinary payroll practices.

7.         Upon the Board’s approval of this Agreement, the Board agrees to issue the remedial public statement attached as Exhibit A on official Board letterhead. When requested or authorized to do so by Dr. Osunde in the future, the Board shall also issue a mutually agreeable positive letter of reference for Dr. Osunde that includes the positive statements and accomplishments identified in Exhibit A and other positive statements reflected in Dr. Osunde’s previous performance evaluations. The mutually agreeable positive letter of reference shall be in the form attached as Exhibit B and on official Board letterhead. Other than said statements, the Parties, including counsel, shall not make any public statements regarding this Agreement, the terms hereof, the charges previously pursued against Dr. Osunde by the Board, or the mutually agreed separation from the employment contract between Dr. Osunde and the Board. Notwithstanding the foregoing, nothing shall prohibit Dr. Osunde from responding to a comment by a third party regarding the agreement, the terms thereof, the charges previously pursued against Dr. Osunde by the Board, or the separation of Dr. Osunde’s employment; nor shall Dr. Osunde be prohibited from making public statements about these subjects in the event that any of the Protected Materials or Confidential Information identified in Paragraph 8 of this Agreement are publicly disclosed. Dr. Osunde shall be permitted to send a short statement through the Board email thanking stakeholders for his time in the Stratford Public Schools, which statement shall be subject to the Board’s approval which shall not be unreasonably withheld.

8.         Any negative materials in Dr. Osunde’s personnel file, and any documents regarding the Investigation, the July 3, 2024 letter to Dr. Osunde from the Board Chair or any of the allegations referenced therein, or the termination proceeding (collectively referred to as “Protected Materials”), shall not be placed in Dr. Osunde’s personnel file, but rather shall be maintained in a separate secure file. Dr. Osunde shall be permitted to submit a rebuttal should he so choose to any such materials. The Parties also agree to designate all documents produced in discovery as part of the Lawsuit and all documents filed with the CHRO as part of the Discrimination Complaints as Confidential pursuant to the Standing Protective Order issued by the Court in the Lawsuit. The Board will not voluntarily disclose any of the Protected Materials, or any of the documents designated as Confidential pursuant to the Standing Protective Order issued by the Court in the Lawsuit, to the public, or to any third party individual or entity. If the Board receives a request from any individual or entity for the disclosure of any of the Protected Materials or any documents designated as Confidential under the Court’s Standing Protective Order, including a request under the Freedom of Information Act, it will promptly notify Dr. Osunde of the request so that Dr. Osunde has an opportunity to object to the disclosure. Any objection by Dr. Osunde must be received by the Board within ten (10) business days of notification to Dr. Osunde via electronic and certified mail. If he has a change in address he will promptly notify the Board. If the Board is ordered by the Freedom of Information Commission or a court to disclose any of the Protected Materials or any documents designated as Confidential under the Court’s Standing Protective Order, then the Board shall also include Dr. Osunde’s rebuttal as part of any such disclosure.

9.         The Board agrees to direct its staff to promptly complete any employment or professional certificate verification requested by Dr. Osunde, and to provide only position held, dates of em..ployment, salaries, and as it relates to verification of employment for certification, that he only received effective ratings in performance evaluations issued by the Board during his tenure, and that he voluntarily resigned his employment in good standing. The Board shall also complete employment verification forms regarding Dr. Osunde for professional certification, reflecting Dr. Osunde’s position held, dates of employment, that Dr. Osunde only received effective ratings in performance evaluations issued by the Board during his tenure, and that he resigned in good standing.

10.      With the exception of confirming/advising the Department of Labor if asked, that Dr. Osunde received a severance payment, including amounts, the Board agrees not to contest any application for unemployment benefits.

11.      The Board shall promptly make arrangements for Dr. Osunde to pack up and retrieve his personal belongings from his office outside of regular business hours of the Central Office. Dr. Osunde agrees to hold the Board harmless as to any injury/damage to property caused by Dr. Osunde while he removes his personal belongings. If the Board caused any damage to Dr. Osunde’s property between December 21, 2023 and the date when Dr. Osunde retrieves his property, Dr. Osunde is not releasing the Board from liability for any such damage.

12.      The Board shall promptly arrange for Dr. Osunde to have supervised access to his Google Drive to download copies of relevant artifacts for future professional opportunities. Dr. Osunde shall not delete or comprise any data on such drive, nor shall he be permitted to access or utilize the District’s email system or otherwise send any communication.

13.      For and in consideration of the benefits described herein, Dr. Osunde for himself and for his heirs, executors, administrators, personal representatives and assigns, KNOWINGLY, IRREVOCABLY,  AND  UNCONDITIONALLY  RELEASES  AND  FOREVER DISCHARGES the Board, the Town of Stratford and their officers, officials, employees, agents, including but not limited to Michael Henrick, Sean Kennedy, Kristen Bedell, William O’Brien and Lou Decilio, and Indian Harbor Insurance Company (collectively, the “Released Parties”) from any and all grievances, claims, claims raised in the Lawsuit and in the Discrimination Complaints, any appeal he could bring from the same, and any and all demands, obligations, damages, liabilities and causes of action as of the date of Dr. Osunde’s execution of this Agreement, including, but not limited to, claims and causes of action for wrongful discharge, tort, defamation, breach of contract, and causes of action and claims or causes of action under Title VII of the Civil Rights Act of 1964, 42 U.S.C.  §§20O0e et seq., Title IX of the Education Amendments of 1972, the Civil Rights Act of 1991, 42 U.S.C. §§1981, et seq., Section 1983 of the Civil Rights Act, 42 U.S.C. §1983, the Connecticut Fair Employment Practices Act, Conn. Gen. Stat. §§46a-58 et seq., the Americans with Disabilities Act, 42 U.S.C. §§12101 et seq., the Age Discrimination in Employment Act and Older Workers’ Benefit Protection Act, 29 U.S.C. §§621 et seq.,  the Connecticut Whistle Blowers’ Act, Conn. Gen. Stat. §31-51m, the Teacher Tenure Act, Conn. Gen. Stat. §10-151, the provisions of the Connecticut General Statutes concerning the payment of wages, Conn. Gen. Stat. §§31-58 et seq., and Conn. Gen. Stat. §§31-70 et seq., t.he Fair Labor Standards Act, 29 U.S.C. §§201 et seq., and all other federal, state and local laws, ordinances or regulations, in law or in equity, which Dr. Osunde now has or ever had against the Released Parties, or which Dr. Osunde hereafter shall or may have as of the date of his execution of this Agreement, for any losses, injuries or damages (including back pay, front pay, liquidated, compensatory or punitive damages, attorneys’ fees and litigation costs), resulting from and/or arising out of or in any way connected with Dr. Osunde’s employment by the Board or his separation from such employment.

14.      For and in consideration of the benefits described herein, the sufficiency of which is acknowledged, the Board on behalf of itself and its officers, officials, employees, and agents and in its capacity as an agent of the Town of Stratford, Michael Henrick, Kristin Bedell, Sean Kennedy, and William O’Brien, for themselves and for their heirs, executors, administrators, representatives, and assigns, KNOWINGLY, IRREVOCABLY, AND UNCONDITIONALLY RELEASES AND FOREVER DISCHARGE Dr. Osunde and his heirs, executors, administrators, representatives, and assigns from any and all grievances, claims, causes of action, any allegation or claim that they could have raised in the Lawsuit or in the Discrimination Complaints, any appeal they could bring from the same, and any and all demands, obligations, damages, liabilities and causes of action as of the date of their respective execution of this Agreement, including, but not limited to, claims and causes of action under any federal, state, or local, statute, law, regulation, ordinance, or common law, in law or in equity, which they know now have or ever had against Dr. Osunde, or which they hereafter shall or may have as of the date of their respective execution of this Agreement, for any losses, injuries or damages (including, but not limited to, liquidated, compensatory or punitive damages, attorneys’ fees and litigation costs). This is a general release of claims.

15.      Dr. Osunde agrees to refrain from filing any grievance, complaint, charge or other claim on any matters relating to Osunde’s separation of employment and the events leading thereto that he released in Paragraph 13 of this Agreement. The Board, Henrick, Bedell, Kennedy, and O’Brien agree to refrain from filing any grievance, complaint, charge or other claim on any matters that they released in Paragraph 14 of this Agreement. Upon the full execution of this Agreement and the delivery of the Settlement Payments identified in Paragraph 3(a) of this Agreement, Dr. Osunde agrees to withdraw the Lawsuit and the Discrimination Complaints and any other such grievances, complaints, charges or other claims that may be pending pertaining to him that are covered by the release in Paragraph 13 of this Agreement.

16.      The Parties expressly acknowledge and agree that the consideration provided herein is solely for the purpose of amicably resolving any dispute arising out of Dr. Osunde’s employment by the Board and his separation from such employment. The Parties further understand and agree that this Agreement does not constitute an admission by either Party that either Party is in any way liable to the other Party or that either Party has engaged in wrongdoing or harmed or damaged the other Party or violated any rights he/it may have or in any respect treated him/it unfairly or unlawfully.

17.      The Parties affirmatively state that they have a full understanding of the contents of this Agreement and the effects thereof and that they have executed the same voluntarily and of their own free will, without any coercion or duress. 

 18.     As a term of this Agreement, the parties have fully considered Medicare’s interests pursuant to the Medicare Secondary Payer rules. In doing so, Dr. Osunde affirms that as of the date he signs this Agreement, he is not Medicare eligible (i.e., is not 65 years of age or older; is not suffering from end stage renal failure; has not received Social Security Disability Insurance benefits for 24 months or longer, etc.). Nonetheless, if the Centers for Medicare & Medicaid Services (CMS) (this term includes any related agency representing Medicare’s interests) determines that Medicare has an interest in the payment to Osunde under this settlement, Dr. Osunde agrees to (i) indemnify, defend and hold the Released Parties harmless from any action by CMS relating to medical expenses of Osunde, (ii) reasonably cooperate with the Released Parties upon request with respect to any information needed to satisfy the reporting requirements under Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007, if applicable, and any claim that the CMS may make and for which Dr. Osunde is required to indemnify the Released Parties under this paragraph, and (iii) waive any and all future actions against the Released Parties for any private cause of action for damages pursuant to 42 U.S.C. § 1395y(b)(3)(A).

19.      Dr. Osunde acknowledges that he was permitted and advised, if he so chose, at least twenty” one (21) days to consult with his attorney and to consider this Agreement before signing it. Dr. Osunde also understands that he has seven (7) days from the date that he executes this Agreement in which to revoke it and render it null and void. Any such revocation must be by a writing delivered to: Michael Henrick, Chairman, Stratford Board of Education, 1000 East Broadway, Stratford, CT 06615 before the expiration of this seven”day period.

20.      The Board and Dr. Osunde expressly acknowledge and agree that they will not make any claim or demand and each of them hereby waives any rights any of them may now have or may hereafter have or claim to have, based upon any alleged oral alteration, amendment, modification or any other alleged change in this Agreement; that the validity, effect and operation of this Agreement shall be determined by the laws of the State of Connecticut; and th.at there is no written or oral understanding or Agreement between them that is not recited herein. The Parties also agree that the U.S. District Court for the District of Connecticut shall retain jurisdiction regarding the enforcement of this Agreement and that the Parties agree to consent to U.S. Magistrate Judge S. Dave Vatti resolving any disputes relating to this Agreement.

21.      This Agreement shall be construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws principles.

22.      This Agreement may be executed in separate counterparts, each of which shall be valid and binding, just as if all the Parties had signed the same original, and that electronic signatures or signatures in .pdf format transmitted by email will be just as valid as an original signature.

IN WITNESS WHEREOF, the aforementioned Parties, intending to be legally bound hereby, have executed this Agreement.

By: _   November 14, 2024

Dr. Uyi Osunde         Date Superintendent of Schools

STRATFORD BOARD OF EDUCATION