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THAYER CENTRAL COMMUNITY SCHOOL
THIS AGREEMENT is made and entered into this 7th day of Dec, 2015, between Thayer Central Community School District 85-0070 (hereinafter referred to as “the District”), and Drew Harris (hereinafter referred to as “Superintendent”).
WHEREAS, the Superintendent is desirous of serving as chief executive officer of the District and performing all duties required by that office, and
WHEREAS, the District is desirous of securing a Superintendent of Schools to supervise and direct the schools and the educational program of the District under the general supervision of the Unified District’s School Board; and
WHEREAS, the District and the Superintendent believe that a written employment contract is necessary to describe specifically their relationship and to serve as the basis of effective communication between them as they fulfill their governance and administrative functions in the operation of the educational program of the schools and is required by Neb. Rev. Stat. § 79-817.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the District hereby employs the Superintendent as Superintendent of Schools in and for said District, and the Superintendent hereby accepts such employment upon the terms and conditions following:
1. TERM. The District hereby employs the Superintendent for a period of three (3) years, beginning on the 1st day of July 2016, and terminating on the 30th day of June 2019. Each year of this Agreement shall consist of 260 days of service per year.
2. SALARY. The Superintendent shall be paid __$_115,530___ for the period from July 1, 2016, through June 30, 2017. The salary of the Superintendent shall be payable in 12 equal installments. The first shall be payable on the 15th day of July 2016, and the remaining installments shall be payable on the 15th day of each month thereafter. The salary shall be subject to the regulations and requirements governing deductions from compensation to be paid the Superintendent with reference to withholding tax, Social Security, teacher’s retirement and other deductions authorized by law.
The salary for subsequent years of this contract will be determined by negotiation between the Board and Superintendent. Subsequent years’ salaries will be no less than the current year’s salary.
3. BOARD AND SUPERINTENDENT RESPONSIBILITIES. Superintendent shall be the chief executive officer of the District. As such, the Superintendent shall have the primary responsibility for execution of Board policy, whereas the Board shall retain the primary responsibility for formulating and adopting that policy. The Superintendent is only required to respond to directions of the Board as a whole, and not the directions of individual Board members. The Board members, individually and collectively, may promptly refer criticism, complaints, and suggestions called to its attention to the Superintendent for action, study and/or recommendation, as appropriate. The Superintendent shall be permitted sufficient opportunity and time to respond to the matter. Should an individual Board member receive a complaint about the Superintendent from a citizen, staff member, or student he/she will immediately advise either the Superintendent or the Board president, who will then advise the Superintendent. Should the Board president feel it necessary to share the complaint with the entire Board membership, it will be done in executive session with the Superintendent present. After the complaint has been shared, the Superintendent may be asked to leave the session until called to return.
4. DUTIES. As chief executive officer of the District, the Superintendent shall perform the duties of district superintendent as prescribed by the laws of the State of Nebraska and in accordance with such reasonable and lawful directives as the Board of Education may make, not inconsistent with this contract. In addition to the powers and duties set forth in the Nebraska Revised Statutes, Chapter 92 of the Nebraska Administrative Code (State Board of Education Rules and Regulations), and this Agreement, the Superintendent shall have the powers and duties set forth in the position description of Superintendent.
The Superintendent shall devote full time, skill and attention to the operation of the District. The Superintendent shall have responsibility within board policy to organize, reorganize and arrange the administrative staff, including instruction and business affairs, which in his/her judgment best serves the District. The Superintendent shall have the responsibility for all personnel matters, including selection, assignment, and transfer of classified personnel and recommendation for non-extension, renewal, non-renewal, and termination of all personnel subject to Board approval.
The Superintendent shall:
A. Periodically evaluate all district employees as provided for by Nebraska law and Board policy;
B. Establish and maintain an appropriate community relations program;
C. Endeavor to maintain and improve his/her professional competence by all available means, including subscribing to and reading appropriate periodicals, joining appropriate professional associations, and participating in activities of such associations;
D. Attend to and fulfill all other duties described in the Superintendent’s Job Description;
E. Be entitled to:
1. Present his/her recommendation to the Board on any subject under consideration by the Board prior to action taken on the subject by the Board;
2. Attend each meeting of the Board, unless excused by the Board; and
3. Serve as an ex officio member of each committee established by the Board.
5. PROFESSIONAL GROWTH OF SUPERINTENDENT. The District encourages the continuing professional growth of the Superintendent through participation, as he/she might decide in light of the duties of the Superintendent. The Superintendent is authorized to attend appropriate professional meetings at the local, state, and national level, provided such attendance does not materially interfere with the proper performance of his duties under this contract. When the Board approves the Superintendent’s attendance in advance, the District shall pay the reasonable and necessary expenses incurred by the Superintendent in connection with the attendance at such meetings. Such professional growth expenses shall be limited to amounts budgeted for that purpose in the Superintendent’s budget. The Superintendent shall report to the Board on his/her activities upon return to the District.
6. SUPERINTENDENT’S LICENSE. The Superintendent hereby affirms that he is not under contract with another School Board of Education within this State covering a part of all of the same time of performance as is contemplated by this contract. The Superintendent further affirms that at the beginning of the term of this contract, he/she holds or will hold a NEBRASKA ADMINISTRATIVE AND SUPERVISORY CERTIFICATE valid for the position of Superintendent of Schools, which is or will be in full force and effect for the period covered by this contract. It is understood and agreed that this contract is not valid until the Administrative Certificate, as herein listed, is registered as required by Neb. Rev. Stat. § 79-804, and the Administrator shall not be compensated for any services performed prior to the date of registration of this Agreement a valid and appropriate certificate to act as Superintendent of Schools as required by the State of Nebraska. Should the Superintendent fail to maintain such a license in good standing, the District may seek any appropriate remedy under this Agreement, including termination of this Agreement without recourse.
7. EVALUATION. The Board shall annually provide the Superintendent with a written evaluation based upon a mutually agreed upon evaluation instrument. The Board and the Superintendent shall meet in closed executive session for the purpose of evaluation of the performance of the Superintendent and expressing recommendations and observations on how such performance has met the goals established by the evaluation instrument. The annual evaluation shall take place no later than February 1st each year. Two evaluations are required, one in December and the second in March, in the first year of a Superintendent’s tenure.
8. PROFESSIONAL ACTIVITIES. With prior approval of the Board, the Superintendent may undertake consultative work, speaking engagements, writing and other professional activities for honoraria and expenses, provided such activities do not interfere with the Superintendent’s normal duties.
9. VACATION. The Superintendent shall be entitled to 15 days of vacation per year, in addition to the following holidays; Independence Day, Labor Day, Thanksgiving Holiday, Christmas Break, and Memorial Day. The superintendent will also have those days off afforded other certified staff that occurs during the regular school year. Any other time off must be counted among the 15 days of vacation. No more than 10 consecutive days shall be taken at one time without prior formal Board approval. The superintendent will be reimbursed for up to five (5) unused vacation days remaining at the end of each contract year, payable at his daily rate of gross pay. Unused vacation beyond 5 days will lapse. The Superintendent shall not be compensated for unused vacation days in the event of termination of employment.
10. TRANSPORTATION AND EXPENSES. The Board shall provide the Superintendent with transportation required in the performance of his official duties or shall reimburse him/her for such transportation at the rate established by District policy. The District shall reimburse the Superintendent for incidental expenses necessary in the conduct of District business.
11. FRINGE BENEFITS. The Superintendent shall be entitled to participate in the following fringe benefits:
A. Retirement - The District shall pay the employer’s contribution to the Nebraska School Retirement System as required by law.
B. Professional Dues - The District shall pay professional membership dues for NCSA. In addition, the District will pay fees and expenses for NCSA/NASB or NRCSA Conventions and for alternate year attendance at a National Convention.
C. Community Dues - The District will pay dues to one community/civic organization of choice.
D. Medical, Dental, and Long-Term Disability Insurance - The District shall, during the term of this Agreement, provide the Superintendent with full family coverage for medical and single coverage for dental on the same terms as provided to employees under the negotiated agreement. The Superintendent shall also receive long-term disability benefits. The benefits provided are described in the contract between the school district and insurance carrier.
E. Health Savings Account Funded – The district shall contribute to the Superintendent’s Health Savings Account the maximum allowed during the calendar year beginning the contract, this will be contributed monthly in 12 equal installments. For the 2016-17 school year that amount is $562.50 ($6,750/12), the maximum allowed for 2016.
F. Leaves - The Superintendent shall be entitled to eight (8) days of leave per year for illness, which may accumulate to a total of fifty (50) days. If the Superintendent uses five or more successive days of sick leave, the Board may require him to provide a doctor’s certificate describing the nature of the illness or injury, and confirming that the Superintendent’s absence was a reasonable and necessary consequence of the illness or injury. The Superintendent shall not be compensated for accrued but unused sick leave upon termination of employment.
12. TERMINATION OF EMPLOYMENT CONTRACT. Except as provided herein, this contract may be canceled, not renewed, terminated, or amended by a vote of a majority of the Board of Education pursuant to procedures described by applicable state statute. Grounds for cancellation of this contract include, but are not limited to, any grounds that constitute just cause as described by Neb. Rev. Stat. § 79-827, as well as (a) causing any intentional damage to property, (b) conviction of a felony, or (c) general neglect of the business of the school.
There shall be no penalty for release or resignation by the Superintendent from this contract; provided no resignation shall become effective until the close of the contract period unless accepted by the Board of Education of the District, and the Board shall fix the time at which the resignation is to take effect.
Should the Superintendent be unable to perform the duties of this position because of illness, accident, or other causes, the District may, at its option, terminate this Agreement, whereupon the respective duties, rights and obligations of the parties shall terminate.
13. RENEWAL OF EMPLOYMENT CONTRACT. The Board will review this Agreement at their regularly scheduled January meeting, and the Board will provide any notice of its intention to not renew the contract to the Superintendent on or before the regular February meeting. If no notices are given by either party on or before said date, the contract shall, by its own terms, will automatically renew for one additional year.
14. PROFESSIONAL LIABILITY. The District shall hold harmless and indemnify the Superintendent from any and all demands, claims, suits, and legal proceedings brought against the Superintendent in his/her individual capacity or in his/her official capacity as agent and employee of the District as provided in Neb. Rev. Stat. § 79-516, provided that the incident arose while the Superintendent was acting within the scope of employment. In no case will individual Board members be considered personally liable for indemnifying the Superintendent against such demands, claims, suits, actions or legal proceedings.
If, in the good faith opinion of the Superintendent, conflict exists regarding legal defenses to a third party claim against the Superintendent and District (i.e., pressing the defense of one party would tend to injure the other party), the Superintendent may engage separate counsel, and the District shall indemnify the Superintendent for the costs of such counsel, subject to the same limitations, provisions, and exceptions set forth above. The District shall not, however, be required to pay the costs of any legal proceeding in the event the District and the Superintendent have adverse interests in any litigation.
15. APPLICABLE LAW. This Agreement is subject to all applicable laws of the state of Nebraska.
16. MODIFICATION. This Agreement supercedes all prior agreements and understandings between the parties. The parties may, during the term of this Agreement, mutually agree to modify any of its terms. Any modifications will be in writing, signed by both parties and attached to this document.
17. SEVERABILITY. If any provision of this Agreement shall be declared invalid or unenforceable by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining provisions of this Agreement.
18. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall be and constitute one and the same instrument.
IN WITNESS THEREOF, the District pursuant to the authority of its Board of Directors has caused two originals of the Agreement to be signed in the name of the District by the President of the School Board and the Superintendent has hereunder affixed his/her hand and seal the day and year herein above mentioned.
______________ By: ____________________________________
Date President, Board of Education
_______________ By: _____________________________________