Schools
Brevard School Board votes Tuesday on Rendell exit deal: what the agreement says
The separation agreement posted for Tuesday’s special meeting sets a Nov. 27 departure, pays out accrued leave by Dec. 31, keeps his indemnification and has both sides release claims. The current board votes a week before new members are sworn in.
Brevard’s School Board will vote at a special meeting at 9 a.m. Tuesday, Nov. 10, on a separation agreement for Superintendent Mark Rendell, who is leaving to become vice president of workforce education at Eastern Florida State College.
The agreement itself is posted with the meeting agenda. It sets Rendell’s resignation for Nov. 27, pays out his unused leave, keeps his legal defense and indemnification in place, and has the board and Rendell release claims against each other.
Who votes
The vote falls to the current board: Chair Matt Susin, Megan Wright, John Thomas, Gene Trent and Katye Campbell. The district’s meeting portal lists the organization meeting and oath of office for incoming members on Tuesday, Nov. 17, at 5:30 p.m., a week later.
Two seats change hands then. Kyle Savage defeated Trent in District 2, and Michele McCormack defeated Tammy Dennis in District 5, according to unofficial county results; Campbell was not on the ballot. Susin, Wright and Thomas remain.
What the agreement says
Resignation: Rendell resigns effective Nov. 27, or an earlier date the board sets, and his resignation letter is conditioned on the agreement being accepted and carried out.
Leave payout: a lump sum for about 178 hours of unused vacation and 1,094.7 hours of unused sick leave, paid no later than Dec. 31. Hours earned before he became superintendent are paid at his earlier positions’ rates, and any leave he takes before leaving is subtracted. The agreement gives no dollar amount.
Retirement: required Florida Retirement System contributions go directly to FRS, not to Rendell as a lump sum.
Legal defense: his contract’s indemnification section survives, including for cases filed later that arise from his official duties.
Cooperation: he agrees to help the district with later claims, investigations or lawsuits, paid at his last hourly rate.
No admission: the agreement is not an admission of liability or culpability.
Releases: each side releases the other from claims, “known or unknown, fixed or contingent,” and the board agrees it “will never institute a legal proceeding, lawsuit or action against or relating to Dr. Rendell.” Rendell agrees not to sue the board except for a breach of the agreement.
The board also agrees not to raise any set-off or defense against the payments owed under the agreement. The Rocket estimated the sick leave could be worth up to about $160,000 at Rendell’s current salary but said the real figure is probably lower because older hours are paid at earlier rates; the district has not published an amount.
How it compares with his contract
Rendell’s 2023 employment agreement lets the superintendent leave on 90 days’ written notice, and lets the board opt for an earlier end after receiving that notice. It also allows the contract to be ended early “by mutual agreement” on terms both sides accept, which is the section the separation agreement cites for the leave payout.
The contract’s indemnification section already survives the end of his employment, and it excludes cases where he acted in bad faith, with malicious purpose or “wanton or willful disregard of human rights, safety, or property,” as well as criminal cases. The separation agreement continues that coverage “to the extent provided for” in the original section.
The contract also requires the superintendent to tell the board within three business days of deciding to apply for, or entering negotiations about, another job. The Space Coast Rocket, which has sharply criticized the agreement, reports that the district’s position is that this was not triggered because EFSC approached Rendell. 321 Daily has not seen a district statement or a notice record on that point.
Investigation and interim
The Rocket reports that at the Oct. 27 board meeting Rendell said the district had hired outside counsel to investigate the Oct. 7 death of a Riviera Elementary student, struck by a falling classroom display board, and that a Palm Bay police investigation was continuing. The agreement does not mention the incident.
The district has said the board will move quickly to name an interim superintendent, and that Rendell will stay in the job while his departure is finalized, WFTV reported. No interim had been named as of Sunday morning, and the Nov. 10 agenda lists only the separation agreement as an action item.
If you want to speak
The meeting is in the board room at 2700 Judge Fran Jamieson Way in Viera. Public comment is limited to agenda items. Speakers must fill out a form when they arrive; sign-up closes when public comment begins, and each speaker gets three minutes. The meeting airs on BPS-TV (Spectrum channel 496) and streams on the district’s YouTube channel.
Based on the district’s posted agenda and separation agreement, Rendell’s 2023 contract, EFSC’s announcement, county election results and published reports. 321 Daily did not seek comment for this story.
