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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
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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.
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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
Page 8 of 12
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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