SETTLEMENT AGREEMENT AND RELEASE

This Settlement Agreement and Release is executed by Donald Maya ("Plaintiff') and the

Albuquerque Public Schools ("APS"), and as to the non-disparagement provision contained in

paragraph 5., Superintendent Raquel Reedy, former Superintendent Luis Valentino, Chief of Human

Resources and Legal Support Services Todd Torgerson, Chief Operating Officer Scott Elder, Chief

Financial Officer Tami Coleman and Executive Director for Communications Monica Armenta and

is dated and effective as of the last date indicated by the signatures below.

I. Plaintiff, including his agents, representatives, attorney, assigns, and anyone else

claiming on behalf of or through him (collectively and each individually referred to herein as "the

Releasor") for good and valuable consideration, as described in paragraphs 4 through 6 herein,

hereby releases the Albuquerque Public Schools, its Board of Education, all of its former and

current officials, employees (regular and contract), subcontractors, agents, representatives,

attorneys, insurers, successors, and assigns, each in their individual and official capacities,

(collectively and each individually referred to herein as "Releasee"), from any and all liability

regarding all matters raised or which could have been raised in the lawsuit captioned Donald Maya

v. The Board of Education of the Albuquerque Public Schools, Case No. D-101-CV-2015-01940,

(hereinafter, the "Lawsuit"), or in any other claim or proceeding for damages, attorney's fees or

other relief sought by Releasor from Releasee based on any action or omission of Releasee prior to

the date of this Agreement which the Releasor brought or might have brought through the date of

this Agreement. This release includes, without limitation, any claims against Releasee which were

or could have been brought under federal or state, constitutional, statutory, common, contract, or

administrative law through the date of this Settlement Agreement.

2. Releasor agrees and acknowledges that this Agreement extends to and includes any

and all losses, damages, injuries, and claims, known or unknown, including any that may be
Page 1 of8
discovered in the future related in any way to the injuries suffered by Releasor as alleged in the

Lawsuit or otherwise.

3. Releasor further agrees and acknowledges that this agreement is in settlement of

disputed claims that were pending in the State of New Mexico District Court of the First Judicial

District of New Mexico, and that the settlement of such claims shall not be construed, interpreted, or

represented as an admission of fault, culpability, or wrongdoing by Releasee and shall never be

treated as evidence of liability or responsibility by them at any time or in any manner whatsoever.

4. As consideration for the release granted herein, for the dismissal with prejudice of

the Lawsuit, and for the other obligations contained in this Agreement, Releasee shall:

A. Pay Releasor the total amount of Eight Hundred Thousand Dollars ($800,000.00) as

compensation for injuries and attorneys' fees. All sums set forth in this Agreement constitute

damages on account of personal injuries, arising from an occurrence, within the meaning of

Section 104(a)(2) of the Internal Revenue Code of 1986, as amended. Payment shall be made as

follows: Egolf+ Ferlic + Harwood, LLC with the name "Don Maya" in the memo line. Releasee

shall not pay any additional amounts to Releasor for attorneys' fees or for any other damages

alleged or that could have been alleged in the Lawsuit or in any other claim against Releasee.

B. Upon receipt of the payment from Releasee identified above, Releasor shall pay to

Ned Siegel, PhD. the sum of $1,299.75 by delivery to 301 Johnson Street, Santa Fe, NM 87501.

5. Releasor and Releasee also agree:

A. Releasor shall not be reinstated as an employee of the Albuquerque Public Schools.

B. Releasor shall not apply for employment with the Albuquerque Public Schools before

the expiration of ten years after the date of this Agreement.

C. Neither Releasee nor Releasor shall make, verbally or in writing any disparaging,

critical or defamatory comments about the other. For purposes of this non-disparagement
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provision, "Releasee" shall include the Board of Education of the Albuquerque Public Schools,

Superintendent Raquel Reedy, former Superintendent Luis Valentino, Chief of Human

Resources and Legal Support Services Todd Torgerson, Chief Operating Officer Scott Elder,

Chief Financial Officer Tami Coleman and Executive Director for Communications Monica

Armenta. This non-disparagement provision shall not prevent either Releasor or Releasee from

communicating privately with their legal counsel. The parties understand that this is a material

portion of this Agreement. As such, the parties agree that any violation of this provision which

can be proven in a court of law will result in liquidated damages of $20,000 and the Court has

the authority and discretion to grant costs associated with enforcement of this provision.

D. If either Releasor or Releasee is asked about the settlement, except as required by law

or for legal or tax advice, neither will say anything except "APS and Mr. Moya have reached an

agreement to resolve his lawsuit. Both parties are happy to put the events of 2015 behind them

and are moving forward in a positive direction."

E. Plaintiff will withdraw the IPRA request sent to APS on October 18, 2017 requesting

copies of all legal bills, invoices, or other legal billing materials for work performed by the law

firm German & Associates between August 7, 2015 and the present.

F. Releasee shall provide Releasor with a positive letter of reference in the form of

Exhibit 1 attached hereto and signed by Superintendent Raquel Reedy. A copy of this letter shall

be kept in Releasor's APS personnel file.

6. Releasor shall keep confidential and shall not disclose the terms of this settlement

to any third party except his tax and legal advisors. Releasee shall keep the terms of this

settlement confidential to the extent allowed by law.

7. Releasor agrees to fully satisfy all outstanding liens, subrogation interests or

monies owed to any third party relating to expenses or medical bills incurred by Releasor.
Page 3 of8
Releasor also agrees to hold harmless and indemnify fully Releasee regarding any claims or

amounts due to any third parties, including medical providers and insurance companies.

8. Immediately upon receipt of the sums set forth in Paragraph 4 above, Releasor shall

take all action necessary to dismiss the Lawsuit with prejudice.

9. Releasor agrees and acknowledges that this Agreement represents the entire

agreement between the parties, and that the terms of this Agreement are contractual and not a mere

recital.

10. Releasor expressly warrants and represents that prior to executing this Agreement,

he has fully informed himself of its terms, conditions, contents, and effects, that he fully understands

it is a full and final release, that he is acting upon his independent and considered judgment and has

had the opportunity to seek the advice of counsel, and has not relied upon any statements or

representations not set forth in this document. Releasor further acknowledges that he executes this

instrument freely and voluntarily.

11. W -9 forms will be executed by counsel for Releasor and delivered to counsel for

Releasee. Releasor shall be solely responsible for payment of taxes, if any, due on the amounts

received. Releasor understands that no amounts have been withheld from such sum and that they

are solely responsible for the payment of taxes due, if any, on such amounts. Releasor further

agrees to indemnify and hold harmless Releasee for any claims made against Releasee for taxes

owed on any sums paid according to this agreement.

12. A Centers for Medicare & Medicaid Services Reporting Form has been executed

by Releasor and delivered to Releasee.

13. This Settlement Agreement and Release may be executed in counterparts and

each duly executed copy shall have the same force and effect as the original.

Page 4 of8
 13. This Settlement Agreement and Release may be executed in counterparts and

each duly executed copy shall have the same force and effect as the original.

This Settlement Agreement and Release is signed on the dates indicated below, dated and

effective as of the latest such date.

Raquel Reedy, Superintendent

on behalf of Albuquerque Public Schools
Date:_ _ _ __

STATEOFNEWMEX1CO )
) ss.
COUNTYOF ,':)MIA rt:. )

Acknowledgement for Natural Person

STATEOFNEWMEXICO )
) ss.
COUNTY OF BERNALILLO )

A~e,].<nowledgeJ!)ent for Natural Person

The foregoing Settlement Agreement and Release was subscribed, swom to, and
acknowledged before me this·-- day of , 2017 by Raquel Reedy.

My Commission Expires: _ _ __ Notary Public

Page 5 ofS
 This Settlement Agreement and Release is signed on the dates indicated below, dated and

effective as of the latest such date.

DonaldMoya Raquel Re y, Superintendent

Date: _ _ _ _ __ on behalf of Albuquerque Public Schools
Date: I I 9 fr 'i?
rt
STATE OF NEW MEXICO )
) ss.
COUNTY OF _ _ _ _ __ )

Acknowledgement for Natural Person

The foregoing Settlement Agreement and Release was subscribed, sworn to, and
acknowledged before me this __ day of , 2017 by Donald Moya.

My Commission Expires: _ _ __ Notary Public

STATE OF NEW MEXICO )

) ss.
COUNTY OF BERNALILLO )

Acknowledgement for Natural Person

The foregoing Settlem)l(t Agreement and Release was subscribed, sworn to, and
acknowledged before me this _!i!!: day of~al"ui-! 2~~uze~~G

My Commission Expires: ~w~{ }.</, :>-!)~( Notary Public

OFFICIALSEAL
" LISA HERTRICH
• NOTARY PUBLIC.State ot~ Mexico
My eomru;.~.. E><plres ~, i ,), </' }_I) d I

Page 5 of8
 Non-Disparagement Agreement

The undersigned current or former employees and officials of the Albuquerque Public Schools
("APS") understand that APS has entered into a confidential agreement with former CFO Don
Maya ("Maya") and that such confidential agreement includes a mutual non-disparagement
provision which prohibits each of them and Moya from making disparaging, critical or defamatory
comments about the other. The undersigned each understand that they are bound by such provision
and, by their signature below, agree that, except as required by law or in communications with legal
counsel, they shall not make verbally, in writing, or symbolically any disparaging, critical or
defamatory comments about Moya.

Date:._-.!.,:::..--1'-"'o'--..!'Jl'z?''-------

STATE OF u<<!f) 00 )
)ss.
COUNTY OF ~.\mc~.n~ )

Acknowled~ment for Natural Person

Date: •- 'o .. ,g
David Peercy, President and
on behalf of The Board of Education
Albuquerque Public Schools

STATE OF NEW MEXICO )

)ss.
COUNTY OF BERNALILLO )

Acknowledgement for Natural Person

'The foregoing instrument was subscribed, swom to, and acknowledged before me tllis __
day of 2017 by David Peerey.

My Commission Expires: Notary Public

Page 6of8

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 Non-Disparagement Agreement

The undersigned current or former employees and officials of the Albuquerque Public Schools
("APS") understand that APS has entered into a confidential agreement with former CFO Don
Moya ("Moya") and that such confidential agreement includes a mutual non-disparagement
provision which prohibits each of them and Moya from making disparaging, critical or defamatory
comments about the other. The undersigned each understand that they are bound by such provision
and, by their signature below, agree that, except as required by law or in communications with legal
counsel, they shall not make verbally, in writing, or symbolically any disparaging, critical or
defamatory comments about Moya.

Date:_ _ _ _ _ _ _ _ _ __
Luis Valentino, PhD

STATE OF _ _ _ __ )
)ss.
COUNTY OF _ _ __ )

Acknowledgement for Natural Person

The foregoing instrument was subscribed, sworn to, and acknowledged before me this
day of 2017 by Luis Valentino.

My Commission Expires: Notary Public

Date: 1fl--18-o /; 'l

David Peercy, President and
on behalf of The Board of Education
Albuquerque Public Schools

STATEOFNEWMEXICO )
)ss.
COUNTY OF BERNALILLO )

Acknowledgement for Natural Person

The foregoing instrument was subscribed, '..l>""'-"-ll'•

day ofOecemb«-, 2017 by David Peercy.

=mission Expires:
A Ltu-, /&, ??/ 1
Page 6 of8
~~~/
Superintendent, Albuquerque Public Schools
Date: --'-)-'---:;,_-_,_/_,Cf__ l---'-7-

STATEOFNEWMEX!CO )
)ss.
COUNTY OF BERNALILLO )

Acknowledgement for Natural Person

The foregoing instrument was subscribed, sworn to, and acknowledged before me this ___j_J_)J_
dayof~ 20\7byRaquelReedy. Ck~~
My Commission Expires: Notary Public . . . ,.. .. . OFFICIAL SEAL
'i'. :J.LJ, }OJ-/ ,, f;~. USA HERTRICH
..,~.. NOTARY PlJBUCoSlahl ofNcw Mexico
Mr Commlsslcn &p~reo r a.<-1 . J c rl

Date: Jd-. /~. :J-bj;-7

Tod orgerson
Chief of Human Resources and Legal Support Services
Albuquerque Public Schools

STATE OF NEW MEXICO )

)ss.
COUNTY OF BERNALILLO )

Acknowledgement for Natural Person

The foregoing instrument was subscribed, sworn to, and acknowledged before me this 19 '!{,
day of J.tw.Jy\, 2017 by Todd Torgerson. ~ ~~ U -
MY. Commission Expires: Notary Public
i4Mpd- >11 d-o>-1

Sco Elder
CZ- Date:_=};)"--,{~-'-,-L5+1-'-nl----

a
Chief Operating Officer
Albuquerque Public Schools OFFICIAL SEAL
LISA HERTRICH
., NOTARY PUBUC.Siale ofNcw Mmdco
MyCon>mh<-Bxplreo .f ;, " .lkl J.. 1
Page 7 of8
STATEOFNEWMEXICO )
)ss.
COUNTY OF BERNALILLO )

Acknowledgement for Natural Person

The foregoing instrument was subscribed, sworn to, and acknowledged before me this I y'IL
day of &.~ 20 17 by Scott Elder. ~ .
~~~~~~~--~HCMLS~
My Commission Expires: USA HERTRJCH
~d- Ml ;rQJ-1 NOTARY PUBUC.Stale ofNew Mexko
My Commbaloo llxplre$ f I J." .J. 6 :Y I

Date:._~;c..:!J..__.--'-1-'--q."-f'(.L.__ _ __

STATEOFNEWMEXICO )
)ss.
COUNTY OF BERNALILLO )

Acknowledgement for Natural Person

The foregoing instrument was subscribed, sworn to, and acknowledged before me this /1~
day of~ , 2017 by Tami Coleman. --

My Commission Expires:
OotiJRJ.uv tq I. ~ow

~~~
Executive Director for Communications
Albuquerque Public Schools

STATEOFNEWMEXICO )
)ss.
COUNTY OF BERNALILLO )

Acknowledgement for Natural Person

The foregoing instrument was subscribed, sworn to, and acknowledged before me this CJ.U,
day o f " , 20f[by Monica Armenta. ~ ~.l;v1 --
My Commission Expires:
to -ttJ-zo
~~ ~
Page 8 of8
II ,..®
ALBUQUERQUE PUBLIC SCHOOI.5
Office of the Superintendent
Raquel Reedy
SUPERINTENDENT

January 8, 2018

TO WHOM IT MAY CONCERN

Re: Donald D. Moya

Dear Sir/Madam:

Don Moya served as the Chief Financial Officer of Albuquerque Public Schools from July 24, 2010 to
November 22, 2015. As Chief Financial Officer, he managed several mission critical departments with
up to 130 employees including accounting, budget, payroll, accounts payable/receivable, procurement,
capital master planning, information technology, audit, and business systems.

During the time Mr. Moya served as Chief Financial Officer, APS' bond rating was upgraded to AA1
with a stable outlook, as determined by bond rating service Moody's. Under his leadership, cash
reserves increased to more than 5% of the operating budget. APS administration and Mr. Moya led
efforts to realign APS's capital master plan. On his recommendation, APS turned its in-house graphics
operations into an enterprise function.

During Mr. Moya' s tenure, the Finance Department received awards from the Government Finance
Officers' Association and the National Association of School Business Officials for Excellence in
Financial Reporting for the Comprehensive Annual Financial Report and received the Meritorious
Budget Award.

Thank you,

Raquel Reedy, Superintendent

Albuquerque Public Schools

6400 Uptown Blvd., NE Suite 600E P.O. Box 25704 Albuquerque, NM 87125-0704 505.880.3713 505.872.8855 fax