More information has become available about the transition agreement between former Superintendent Brad Silvus, Marietta City Schools and the Marietta City Schools Board of Education in which he resigned from his role as superintendent and was made a consultant.

Silvus, Board of Education President Sam Tuten and Treasurer Frant Antill signed the transition agreement Oct. 28, and it states that Silvus resigned his employment as superintendent and this is contingent upon and in exchange for the board employing him as a consultant through March 15, 2025.

Silvus’ resignation was effective on Monday when the Marietta City Schools Board of Education unanimously voted 4-1 at a board meeting to accept his resignation following an executive session of more than 90 minutes. Board Member Eric Reed voted no, according to draft minutes of the meeting.

Silvus’ contract as superintendent was set to expire July 31, 2025, according to the transition agreement, and while a consultant he will receive the same pay and benefits that he received under his superintendent contract.

As a consultant, Silvus will provide services that are “in line with his skills, education, and experience as a superintendent/school administrator as requested by the administrative team,” the transition agreement said, and while he will not report to work in-person on a daily basis he will be generally available from 8 a.m.- 4 p.m. Monday-Friday “by cellular telephone and email to respond within a reasonable time to reasonable employment-related requests from the assistant superintendent, any interim superintendent, the superintendent (once one is employed), and/or the treasurer” through the expiration of the agreement.

The transition agreement states that the agreement will not be subject to Ohio Revised Code section or board policies regarding suspension of administrator contracts and “no R.C. 3319.16 proceedings shall be initiated on any facts existing prior to the date of this agreement.”

Section 3319.16 of the Ohio Revised Code governs termination of teacher contracts by a board of education only for good and just cause and spells out the process by which a contract can be terminated, including a teacher’s right to demand a hearing on a contract termination.

Silvus will be allowed to seek other employment during the term of his consultancy, according to the transition agreement.

The agreement said if he accepts other employment during the term of the agreement, the agreement would be mutually terminated on the day before he starts the other employment.

“Provided that, pursuant to this agreement, the board will continue to provide compensation to Mr. Silvus equal to the difference between the compensation and benefits set forth in this contract with the board and the compensation and benefits that he receives from the other employment,” the transition agreement said.

The board would also pay the difference between any insurance premium at the other employment that he would not have had to pay under the transition agreement, it said.

The agreement said Silvus would only get paid the difference if the other employment’s compensation and benefits are less than the compensation and benefits set in the transition agreement.

The board will continue to provide Silvus with cell phone reimbursement but not professional development reimbursement or mileage reimbursement, according to the transition agreement.

Silvus is required to let the district’s treasurer know if he gets any other employment within three days of starting the other employment and to timely provide information on compensation and benefits from other employment and if he doesn’t the agreement would automatically terminate.

Once the agreement ends on March 15, 2025, or upon termination of the agreement, whichever comes first, the board will pay Silvus for 20 days of accrued and unused vacation leave days by paying his per diem rate of pay for each day, the agreement said.

The transition agreement states Silvus and the board release each other from all known and unknown manner of actions, claims, demands, obligations, actions, costs, interest, expenses, claims for attorney fees and compensation of any nature, whether they are based on negligence, a tort, contract or other theory or recovery that Silvus may have based on facts existing prior to the date of the agreement or which the board may have based on any alleged acts or omission of Silvus and any time through the date of the agreement.

“This general release of claims shall also apply to any right or claim arising under the federal Age Discrimination in Employment Act of 19678, as amended (‘ADEA’), Ohio age discrimination laws, and all other federal, state and local laws,” it said.

The agreement said that nothing in it will be construed as an admission of liability or fault by either party.

“Indeed, the board expressly denies any violation of law or contract and all allegations of illegal and/or improper conduct,” the agreement said. “Furthermore, the parties agree that neither is at fault for anything regardings Mr. Silvus’ employment.”

Requests for any resignation letter from Silvua, any document from the board to Silvus stating they want him to be a consultant instead of the superintendent and any document from the board pertaining to how much Alison Woods will be paid for being the interim superintendent were not returned as of press time.

Tuten did make further comment on Woods being chosen as interim superintendent.

“(Alison) Woods stepped up as interim superintendent to support our district during this transition, and the board has full confidence in her ability to lead,” he said. “In addition to her role as director of student services, (Ali) will be supported by a strong team made up of (Marietta High School Interim Principal) Tim Fleming, (District State Testing Coordinator) Bernie Boice, building administrators and staff, who are all stepping up to ensure smooth operations. Transitions and changes can be tough, but I’m so proud that we have such dedicated leaders throughout our district.

The next board of education meeting is at 6 p.m. Nov. 25 at 111 Academy Drive, Marietta.