Former Jamestown Public Schools teacher Scott Lumia is set to receive the equivalent of two months pay of his current annual salary totalling $15,160.46 under the provisions of the separation agreement with the district.

The Post-Journal received the separation agreement after submitting a Freedom of Information Law (FOIL) request to the district.

Lumia’s resignation was accepted by the board of education on Nov. 30 during a special meeting. Then, Superintendent Bret Apthorpe said he could not comment on the specifics of Lumia’s resignation because it was a personnel matter.

The two-month payment is estimated to be two months of Lumia’s current salary and is in the form of a lump sum. During the 2017-18 school year, Lumia’s salary was $80,198, according to NYDatabases.com, a website developed by The Democrat and Chronicle of Rochester based on the reports from the New York State Retirement System. In the separation agreement, there is no indication any benefits from Lumia’s employee contract will continue beyond his resignation which became effective Dec. 4. Lumia was placed on administrative paid leave on Nov. 21 prior to his resignation.

Lumia’s resignation read, “Ladies and Gentlemen: I hereby irrevocably resign each and every position of employment I hold with the Jamestown City School District effective December 4, 2018.”

Last week, sources told The Post-Journal the Buffalo Federal Bureau of Investigations was investigating a possible case. When asked, Buffalo FBI spokes woman Maureen Demspey could not confirm nor deny the FBI was involved in any related investigation. However, Dempsey said the FBI was aware of Lumia’s resignation.

The separation agreement states that Lumia cannot seek employment within the district including as an administrator, teacher, coach or other positions that could potentially be created in the future. In the same clause, it states Lumia cannot volunteer or run for a board of education position in the district.

Furthermore, the agreement bans Lumia from entering district property without first submitting a written request to the superintendent of schools and receiving approval. However, Lumia is allowed to drop off and pick up his child or children from school property and attend extracurricular activities for his child or children after school hours.

The agreement also states the district will not file a Section 3020-a against Lumia. A 3020-a is the legal process tenured teachers undergo when a district is attempting to fire them.

According to a report by senior research analyst Paul Heiser on the New York State School Board Association website, 41 percent of school districts avoid filing a 3020-a because the process is “too cumbersome.” School districts continue to pay the employee in question during the process of a 3020-a. The average amount paid in salaries to accused employees was $55,083 in 2016, not including fringe benefits and legal fees.

Teachers can also resign or retire from school districts which are handled similarly.

The separation agreement also indicates that both parties involved “have mutually agreed to resolve this matter without resorting to the preferring of charges and further discipline pursuant to Section 3020-a of the education law.”