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									                                   EMPLOYMENT CONTRACT

                THIS EMPLOYMENT CONTRACT is entered into this                 27      day of May,

2010, by and between the Board of Education of Calvert County, Maryland, hereinafter

("Board"), and Dr. Jack R. Smith, hereinafter ("Superintendent").

                WHEREAS, Board desires to employ Superintendent to perfom the job of

Superintendent of Calvert County Public Schools, including the duties and responsibilities set forth

in the Education Article of the Annotated Code of Maryland and applicable provisions of the Code

of Maryland Regulations (COMAR), and

                WHEREAS, Board and Superintendent agree that a written agreement is necessary

to define and govern the relationship between them and that such employment shall be governed by

this Contract in lieu of any other statutory or negotiated agreement.

                NOW, THEREFORE, in consideration of the mutual promises herein, the parties

agree as follows:

   1.   Term.
        Superintendent shall report for duty with the Board on or about July 1,2010 and shall serve

        as Superintendent of the Calvert County Public School system until June 30,2014.

   2. Professional Certification and Responsibilities.

           A. Certification.    The Superintendent affirms that he meets the qualifications of

                Section 4-201(c) (1) of the Education Article of the Annotated Code of Maryland

                and Section 13A.12.04.03 of COMAR to allow him to hold the position of



Calvert County Public Schools
Superintendent of Schools
Employment Contract 2010-2014
                                            Page 1 of 12
                Superintendent of Schools for Calvert County, Maryland.           The Superintendent

               further agrees that he will maintain any and all certifications, required under

               Maryland law, necessary to hold the position of Superintendent.

          B.   Duties. The   Superintendent shall have charge of the administration of the schools

               under the rules and regulations of the Board and in accordance with the Education

               Article and other applicable provisions of the Annotated Code of Maryland. He shall

               be the executive officer, secretary and treasurer of the Board and shall perform all

               duties incident to the office of Superintendent of Schools including but not limited to

               those as described and defined by Sections 4-204 and 4-205 of the Education Article

               of the Annotated Code of Maryland. The Superintendent or his designee shall attend

               meetings of the County Board, and its committees, serve as an ex-officio member of

               all Board committees and provide administrative recommendations as warranted.

               Notwithstanding the foregoing, the Superintendent or his designee shall not attend

               Board meetings when the Board is considering the Superintendent's tenure,

               evaluation, salary or the administration of the Superintendent's office.

         C. No Outside Employment. The Superintendent shall devote his full time, attention

               and energy to the affairs of the Calvert County Public School system and shall not

               engage in other employment or professional activities for compensation without the

               prior consent of the Board.

   3. Professional Growth of Superintendent.

      The Board encourages the continuing professional growth of the Superintendent through his




Calvert County Public Schools
Superintendent of Schools
Employment Contract 2010-2014
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       participation in progams conducted or sponsored by local, state and national school

       administrators and school board associations; seminars and courses offered by educational

       institutions; and other informational meetings with other persons whose particular skills or

      backgrounds would serve to improve the capabilities and capacity of the Superintendent to

      carry out his professional responsibilities. Examples are attendance at the U S A , MABE,

      and NSBA annual conferences. In connection with such activities, the Board shall permit a

      reasonable amount of time away from daily administrative responsibilities and shall

      reimburse the Superintendent for actual costs of such participation, subject to the right of the

      Board, from time to time to review such expenditures.

   4. Community Outreach.

      The Board recognizes the value of the Superintendent's involvement in community outreach

      and participation in community events. The Board supports the Superintendent's attendance

      at community functions and events and shall reimburse the Superintendent for actual costs

      of such participation, subject to the right of the Board, from time to time to review such

      expenditures.

   5. Compensation.

          A.          Given the financial issues facing the school system at the time of execution

               of this Contract, the Superintendent recommends, and the Board accepts the

               recommendation, that the Superintendent's annual salary shall remain the same as in

               2008-2009 and 2009-2010, at One Hundred Sixty Nine Thousand & 001100 Dollars

               ($169,000.00).



Calvert County Public Schools
Superintendent of Schools
Employment Contract 2010-2014
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           B. Annual Salarv and Total Compensation and Benefits Review. The Superintendent's

               salary and total compensation and benefits shall be reviewed on an annual basis, at

               the time of the Superintendent's evaluation by the Board. This shall occur no later

               than May 30th of each year. The Board may agree to increase the salary and/or other

              forms of compensation and benefits paid to the Superintendent during the term of the

              contract, but in no event shall the Superintendent be paid less than the compensation

              paid at the time of the annual evaluation. Any adjustments in salary and/or other

              form of compensation or benefits made during the term of his contract shall be in the

              form of an amendment and become part of this contract, but it shall not be deemed

              that the Board and the Superintendent have entered into a new contract nor that the

              termination date of the existing contract has been extended. Any adjustments shall

              take effect July 1 of the following fiscal year.

   6 . Benefits.

      The Superintendent shall be entitled to the following benefits:

          A. Annual Leave. The Superintendent shall be entitled to annual leave in accord with

              Board's   contract    with   CASA (Calvert Association        of   Supervisors and

              Administrators) as amended from time to time. The foregoing notwithstanding, the

              Superintendent shall not be required to convert unused annual leave to sick leave and

              is entitled to an additional 3 days per month of annual leave, in addition to that

              annual leave that the Superintendent would be entitled to under the existing

              negotiated agreement.




Calvert County Public Schools
Superintendent of Schools
Employment Contract 20 10-2014
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                  i. Unused Annual Leave. At any time during the term of the contract and up to

                     one year from the date of leaving the position of Superintendent, the

                     Superintendent may either cash out any accrued, unused annual leave, or

                     convert any accrued, unused annual leave to sick leave for purposes of

                     calculation of retirement benefits.      Anything to the contrary herein

                    notwithstanding, any accrued, unused annual leave which is converted to sick

                    leave hereunder may not be cashed out after conversion to sick leave.

          B. Sick. Personal and Bereavement Leave. The Superintendent shall be entitled to sick,

             personal and bereavement leave in accord with the Board's contract with CASA, as

             amended from time to time. In addition, the Superintendent shall be entitled to one

             (I) additional day per month of sick leave in addition to the sick leave under the

             contract with CASA.

                 i. Unused Sick or Personal Leave.           The Board agrees to allow the

                    Superintendent to redeem and be compensated for unused Sick or Personal

                    Leave days up to Fourteen Thousand & 001100 Dollars ($14,000.00) per

                    year, upon the request of the Superintendent. This compensation will count

                    as part of Superintendent's salary for retirement purposes. For retirement

                    service credit purposes, Sick or Personal Leave days that are sold shall not be

                    deducted from Superintendent's accrued sick leave balance. Days that are

                    sold, however, are not eligible for future Sick or Personal Leave

                    compensation. At time of leaving the position of Superintendent, any




Calvert County Public Schools
Superintendent of Schools
Employment Contract 2010-2014
                                         Page 5 of 12
                     additional unused Sick or Personal leave for which the Superintendent has

                     not been compensated shall be available for the Superintendent to credit

                     towards his retirement benefits, or may be cashed out by the Superintendent,

                     in the Superintendent's discretion, within one year of leaving the position of

                     Superintendent.

          C. Retirement Contribution. The Superintendent shall continue to participate in the

             retirement plan of the State of Maryland in which he is enrolled. The Board agrees

             to reimburse the Superintendent up to $16,000.00 per year for contributions made by

             the Superintendent to his state retirement plan andlor Tax Sheltered Annuity (TSA).

             In addition, the Board shall pay Ten Thousand & 00/100 Dollars ($10,000.00) per

             year to a retirement account designated by the Superintendent.

          D. Transvortation. The Superintendent shall be provided a car by the school system for

             business andlor personal purposes or, in the Superintendent's discretion, shall be

             paid Eight Hundred & 00/100 Dollars ($800.00) per month, after taxes, and shall be

             reimbursed for out-of-County mileage traveled in the course of his duties as

             Superintendent at the then-current Internal Revenue Service standard mileage rate,

             as a car allowance.

         E. Health. Dental. Vision and Life Insurance. The Superintendent shall be entitled to

             select and participate in one of the Calvert County Public School (CCPS) system's

             group healthllife insurance plans at the same cost and terms as other CCPS

             employees. Upon leaving the employment of Calvert County Public Schools, the




Calvert County Public Schools
Superintendent of Schools
Employment Contract 2010-2014
                                         Page 6 of 12
              Superintendent shall be entitled to select and participate in one of CCPS's group

              healthllife insurance plans for himself and spouse for life, at no cost to the

              Superintendent or his spouse.

          F. Life Insurance. In addition to the life insurance the Superintendent is entitled to as a

              participant in a CCPS group healthllife insurance plan, the Superintendent shall be

              entitled to Group Term Life Insurance with double indemnity for accidental death in

              the amount of $400,000.00. Upon retirement, the Superintendent shall be entitled to

             retain this insurance at the Superintendent's final insurance level. The Board will

             pay one hundred percent (100%) of the cost of such insurance for the life of the

              Superintendent.

   7. Expenses.

      The Superintendent shall be entitled to reimbursement for all out of pocket expenses

      incurred by him that are directly related to the performance of his job. Each month, the

      Superintendent shall submit receipts for such expenses to the Board President who will

      review and sign such reimbursements and forward to the Chief Budget and Business Officer

      for approval and processing.

   8. Professional Liability.

          A. The Board agrees that it shall defend, hold harmless and indemnify the

             Superintendent from any and all demands, claims, suits, actions, and legal

             proceedings brought against the Superintendent in his individual capacity, or in h s

             official capacity, as agent and employee of the Board, provided the incident




Calvert County Public Schools
Superintendent of Schools
Employment Contract 2010-2014
                                          Page 7 of 12
              underlying said proceedings arose while the Superintendent was acting within the

              scope of his employment, to the extent that such liability coverage is within the

             authority of the Board to provide under State law. The Board will provide insurance

             to cover the Superintendent under this section.

          B. For indemnification not provided by any insurance coverage, the Board's obligation

             is capped in that it will only pay the Superintendent's legal fees, at the billing rate of

             any lawyer retained to represent the Superintendent increased to reflect the

             reasonable current rates of any attorney on the MABEJLSA panel. This

             indemnification shall not apply to criminal litigation brought against the

             Superintendent. In no case will individual Board members be considered personally

             liable for indemnifying the Superintendent against such demands, claims, suits,

             actions or other legal proceedings. If, in the good faith opinion of the

             Superintendent, an actual conflict exists, or potentially could reasonably exist,

             between the legal position of the Superintendent and the legal position and

             responsibilities of the Board regarding the defense of any claim against the Board or

             the Superintendent, the Superintendent may engage his own counsel, in which event

             the Board will indemnify the Superintendent for the costs of h s legal defense, as

             permitted by State law and within the parameters described above in Section A. The

             Board shall not, however, be required to pay or reimburse the Superintendent for his

             legal fees or other costs to him of legal proceedings in the event the Board and the

             Superintendent have adverse interests in any dispute or litigation.



Calvert County Public Schools
Superintendent of Schools
Employment Contract 20 10-2014
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           C. The provisions of this Paragraph shall survive the expiration andlor termination of

              this Employment Contract.




   9. Goals and Obiectives.

       The Board and the Superintendent shall meet annually to establish specific system goals and

       objectives to be accomplished by the school system during the next upcoming fiscal year.

       Said goals and objectives shall be reduced to writing and be among the criteria by which the

       Superintendent is evaluated.

   9. Evaluation.

       The Board shall evaluate and assess, in writing, the performance of the Superintendent at

       least once per year, no later than May 30th of each year, during the term of this Contract.

       The format of the Superintendent's evaluation shall be established by the Board and

      provided to the Superintendent prior to said meeting. The Superintendent shall be allowed

      the opportunity, during said meeting, to comment upon the evaluation format and make

      suggestions for modification thereto. The Board may agree to incorporate said modifications

      into the format, but is not required to do so. The evaluation and assessment shall be related

      to the position description of the Superintendent and the goals and objectives as set forth by

      the Board for the year in question. In the event the Board determines that the performance of

      the Superintendent is unsatisfactory in any respect, it shall describe, in writing and with

      reasonable detail, all instances of unsatisfactory performance, and shall include



Calvert County Public Schools
Superintendent of Schools
Employment Contract 20 10-2014
                                          Page 9 of 12
       recommendations for improvement in all such instances. The Board's overall evaluation

       shall be reduced to writing, signed by all Board Members, and shall be delivered to the

       Superintendent. Within thirty (30) days of the delivery of the written evaluation to the

       Superintendent, the Board shall meet with the Superintendent in closed executive session to

       discuss the evaluation. After said meeting, the Board may make revisions to the evaluation,

       which will then be delivered to the Superintendent, and a copy placed in his personnel file.

       The Superintendent shall then have Thirty (30) days to provide a written response to said

      evaluation, a copy of which shall also be placed in his personnel file. It is expressly

      understood that the evaluation is a confidential personnel record and may not be disclosed,

      nor may the contents be divulged, except upon the Superintendent's consent or as otherwise

      provided by law. All drafts or copies of drafts of the Superintendent's evaluation or

      revisions thereto shall be destroyed.



      In addition to the annual evaluation called for above, the Superintendent or the Board may

      request an informal mid year assessment meeting, at a date to be set by the Board, to ensure

      that expectations of both sides are being met.

   10. Termination of Aereement.

      This Agreement may be terminated by the mutual agreement of the parties, by the

      retirement of Superintendent, hy the disability of Superintendent, by the death of

      Superintendent, or for cause. Superintendent shall be deemed disabled upon the written

      certification of two (2) physicians, at least one of whom shall be chosen by Board. The




Calvert County Public Schools
Superintendent of Schools
Employment Contract 2010-2014
                                          Page 10 of 12
       Superintendent may be removed for cause for those actions set forth in Article 4-201 of the

       Education Article of the Annotated Code of the State of Maryland, or for actions which

       Board deems detrimental to the Calvert County Public School system, in accordance with

       Article 4-201 of the Education Article of the Annotated Code of the State of Maryland.

   11. Renewal.

      This Contract may be renewed by the mutual consent of Superintendent and Board.

   12. Miscellaneous.

          A. The Superintendent agrees to maintain residency in Calvert County, Maryland as

              long as he is serving as Superintendent.

          B. Upon termination of the Superintendent's employment, all records pertaining to his

              employment must remain intact and in the possession of the Board. The Board may

              not disclose any of Superintendent's employment records unless specifically

              authorized, in writing, by the Superintendent, or unless otherwise required by law.

   13. Savines Clause.

      This Agreement shall constitute the entire agreement between the parties and shall not be

      modified unless with the written consent of both parties. Should any provision hereof be

      found to be invalid, such finding shall be limited to the specific provision and the Contract

      shall othenvise remain in full force and effect.

   14. Amendment.

      This Employment Contract may be amended by the parties, in writing, executed by all

      parties hereto.



Calvert County Public Schools
Superintendent of Schools
Employment Contract 2010-2014
                                          Page 11 of 12
             IN WITNESS WHEREOF, we have executed this Contract the date first written

above.

                                      BOARD OF EDUCATION                OF     CALVERT
                                      COUNTY, M A R n A N D


                                        & Hc r
                                        '
                                       w R pU-             ,
                                      Mr. William ~ h f e nPresident
                                      Board of Educatio of Calvert County, Maryland
                                             ,        A

                                      Mr. William Chambers, Vice President
                                      Board of Education of Calvert County, Maryland



                                      SUPERINTENDENT




Calvert County Public Schools
Superintendent of Schools
Employment Contract 2010-2014
                                    Page 12 of 12

								
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