Settlements and NDAs with employees

Danielle Sanit filed this request with the Dallas College of Dallas, TX.
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Communications

From: Danielle Sanit


To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

1 - total number of settlements or other agreement involved in the separation, non-renewal, or termination process with employees or former employees since January 2020;
2 - total dollar amount of each settlement or other agreement involved in the separation, non-renewal, or termination process with employees or former employees, and any other costs incurred in each settlement process;
3 - source of funds used in each settlement or other agreement involved in the separation, non-renewal, or termination process with employees or former employees and, if insurance, source of funds for insurance premium;
4 - whether a condition of each each settlement or other agreement involved in the separation, non-renewal, or termination process with employees or former employees requires a party seeking affirmative relief against Collin College to agree not to disclose any fact, allegation, evidence, or other matter to any other person, including a journalist or other member of the media.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Danielle Sanit

From: Dallas College

I received your request below. Regarding item #4- You mention Collin College. As you know you sent the request to Dallas College. I'm happy to compile the information you requested regarding 1-3; however Dallas College doesn't have information regarding Collin College.

Sincerely,

Maria Miller
Legal Assistant
Dallas College
1601 Botham Jean Boulevard
Dallas, Texas 75215

From: Danielle Sanit

Thank you for acknowledging receipt. My apologies, #4 should read:

4 - whether a condition of each each settlement or other agreement involved in the separation, non-renewal, or termination process with employees or former employees requires a party seeking affirmative relief against Dallas College to agree not to disclose any fact, allegation, evidence, or other matter to any other person, including a journalist or other member of the media.

Sincerely,

Danielle Sanit

From: Danielle Sanit

Thank you for acknowledging receipt. My apologies, #4 should read:

4 - whether a condition of each each settlement or other agreement involved in the separation, non-renewal, or termination process with employees or former employees requires a party seeking affirmative relief against Dallas College to agree not to disclose any fact, allegation, evidence, or other matter to any other person, including a journalist or other member of the media.

Sincerely,

Danielle Sanit

From: Dallas College

Below is the information regarding your Request for public information:

1. Total number of settlements or other agreements involved in the separation, non-renewal, or termination process with employees or former employees since January 2020:

In order to respond to this Request, it is important to clarify as it relates to severance situations which resulted in the execution of a Separation Agreement, as contrasted with two (2) instances during the time period covered by the Request in which Dallas College settled an employment dispute with a former employee that resulted in the execution of a settlement agreement. During 2020-2021 Dallas College consolidated from a system comprised of seven (7) separately accredited colleges to a singly accredited college known as "Dallas College." As a result of that consolidation, Dallas College underwent a restructuring and consolidation of various administrative and staff roles. Employees who were impacted by the consolidation were offered a severance package which included payment of up to a maximum of six (6) months of salary based upon their years of service. Those impacted employees who opted to choose the severance package signed a Separation Agreement. The total number of Consolidation Separation Agreements is 190.

In addition to the consolidation Separation Agreements, Dallas College settled two (2) employment-related disputes during the time period covered by the Request. Those matters resulted in the execution of Settlement Agreements as follows:

* Settlement with former employee on March 3, 2020. Settlement amount $100,000 ($50,000 to former employee and $50,000 to their attorney. The Settlement Agreement did not contain a confidentiality provision. The settlement was funded by insurance.
* Settlement with former employee on February 5, 2020. Settlement amount $35,000 ($24,483.50 to former employee and $10,516.50 to their attorney). The Settlement Agreement contained a mutually-agreeable confidentiality provision. The source of the funds was operating funds.

1. Total dollar amount of each settlement or other agreement involved in the separation, non-renewal, or termination process with employees or former employees, and any other costs incurred in each settlement process.

Attached is a report that lists the effective date of severance pay, number of months severance, monthly severance and total severance payment for each impacted employee who executed a Separation Agreement as a result of the 2020-21 consolidation referred to in response to Request #1.

1. Source of funds used in each settlement or other agreement involved in the separation, non-renewal, or termination process with employees or former employees and, if insurance, source of funds for insurance premium.

Monies paid by Dallas College under the Separation Agreements came from operational funds budgeted for purposes of the consolidation and restructuring. As also indicated above, the March 3, 2020 settlement was funded by insurance and the February 5, 2020 settlement was funded by operating funds.

1. Whether a condition of each settlement or other agreement involved in the separation, non-renewal, or terminatiqn process with employees or former employees requires a party seeking affirmative relief against Dallas College to agree not to disclose any fac, allegation, evidence, or other matter to any other person, including a journalist or other member of the media.

The Separation Agreements signed by employees impacted by the consolidation contained a standard confidentiality provision making the terms of the Separation Agreement confidential, subject to disclosure required by law or judicial process, as well as other limited exceptions as set forth in the confidentiality provision. The March 3, 2020 Settlement Agreement did not contain a confidentiality provision. The February 5, 2020 Settlement Agreement contained a mutually-agreeable confidentiality provision.

Sincerely,

Maria Miller
Legal Assistant
Dallas College
1601 Botham Jean Boulevard
Dallas, Texas 75215

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