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State of Texas
County of Travis
Superintendent Term Contract
This Superintendent Term Contract ("Contract") is entered into between the Board of
Trustees (the "Board") of Pflugerville Independent School District (the "District") and
Charles Dupre (the "Superintendent"), who may be referred to jointly in this Contract as
the "P arties."
The Board and the Superintendent, for and in consideration of the terms stated in this
Contract, hereby agree as follows:
1. Term. The Board agrees to employ the Superintendent on a twelve-month basis
per school year, beginning October 8, 2010, and ending June 30,2013. The Board
and the Superintendent may extend the term of this Contract by agreement. This
Contract supersedes all previous agreements between the Parties, in accordance
with Section 9.3.
2. Certification, Doctoral Program, and Education Leave.
2.1 Certification. The Superintendent agrees to take all reasonably necessary
action to insure that the Superintendent is appropriately certified or is
working under and in accordance with a waiver of such requirement as
approved by the Commissioner of Education. The Board and the
Superintendent acknowledge that the Superintendent does not hold an
endorsement, supplemental certificate, or standard certificate issued by the
State Board for Educator Certification ("SBEC") for the superintendent
assignment. This Contract is conditioned on the Superintendent's
becoming and then remaining certified, completing a deficiency plan, or
completing or maintaining requirements for a waiver to such requirements
subject to approval by the Commissioner of Education. If the
Superintendent fails to do so for any reason, this Contract is void and the
Superintendent's employment under this Contract shall be of no force and
effect.
2.2 Doctoral Program. Because the District places a high value on the
continued education and professional development of the Superintendent
and desires that the Superintendent obtain a doctorate degree in education,
the District has encouraged the Superintendent to, and the Superintendent
shall enroll as a doctoral candidate at a fully accredited university in a
Doctoral Program in Public School Administration ("Work-Related
Education"). The Work-Related Education is being undertaken by
Superintendent for the purpose of the further development and
improvement of Superintendent's knowledge and skills related to the
performance of his duties as Superintendent of and for the District. The
Pflugerville ISD Superintendent Contract Page 10/9
District, in accordance with and pursuant to applicable Internal Revenue
Service regulations regarding employer reimbursement to employees for
work-related educational expenses, has agreed and hereby does agree to
reimburse Superintendent for expenses to cover the costs of tuition, books
and fees ("Education Expenses") incurred by Superintendent related to the
Work-Related Education. The Education Expenses will not exceed the
sum of $1 0,000.00 per year, will not exceed the sum of $30,000.00 total,
and will be disbursed to the Superintendent by the District or directly to
the accredited university promptly upon the District's receipt of properly
authenticated invoices for such Education Expenses. The Work-Related
Education shall begin on or after January 1, 2010 and shall end on or
before December 31, 2012. Superintendent shall provide receipts to the
District for the Education Expenses within a reasonable amount of time
not to exceed sixty (60) days from the date of any such invoice.
2.3 Education Leave. It is expressly understood and agreed by the District
and the Superintendent that the Superintendent shall be granted 15 days of
personal leave as is necessary for the Superintendent to attend classes
related to and in furtherance of the Work-Related Education ("Education
Leave"). Such Education Leave shall not be subtracted from, but shall be
in addition to all District and State leave benefits of any kind, including,
but not limited to, vacation leave, state and local personal leave and sick
leave, family and medical leave, and all other leave benefits provided by
the District to the Superintendent pursuant to this Agreement and
applicable District Board Policy.
3. Representations. The Superintendent makes the following representations
and/or covenants:
3.1 Beginning of Contract. The Superintendent represents that he has
disclosed to the Board, in writing, any arrest and any indictment,
conviction, no contest or guilty plea, or other adjudication of the
Superintendent, except for misdemeanor traffic violations.
3.2 During Contract. The Superintendent agrees that, during the term of this
Contract, the Superintendent will notify the Board, in writing, of any arrest
or of any indictment, conviction, no contest or guilty plea, or other
adjudication of the Superintendent, except for misdemeanor traffic
violations. The Superintendent shall provide such notification in writing
within seven calendar days of the event or any shorter period specified in
Board policy.
3.3 False Statements and Misrepresentations. The Superintendent
represents that any records or written information provided by the
Superintendent to the Board in connection with the Superintendent's
employment application are true and correct to the best of the
Pflugerville ISD Superintendent Contract Page 20/9
Superintendent's actual knowledge. Any false statements,
misrepresentations, omissions of requested information requested in
writing or fraud by the Superintendent in or concerning any required
records or in the employment application may be grounds for termination
or nonrenewal, as applicable.
4. Duties. The Superintendent shall be the educational leader and chief executive
officer of the District. The Superintendent agrees to perform the Superintendent's
duties as follows:
4.1 Authority. The Superintendent shall perform such duties and have such
powers as may be prescribed by the law and the Board. The Board shall
have the right to assign additional duties to the Superintendent and to
make changes in responsibilities or work at any time during the contract
term. All duties assigned by the Board shall be appropriate to and
consistent with the professional role and responsibility of the
Superintendent.
4.2 Standard. Except as otherwise permitted by this Contract, the
Superintendent agrees to devote his or her full time and energy to the
performance of the Superintendent's duties. The Superintendent shall
perform the Superintendent's duties with reasonable care, skill, and
diligence. The Superintendent shall comply with all Board directives,
state and federal laws and rules, Board policy, and regulations as they
exist or may hereafter be amended.
5. Compensation. The District shall pay the Superintendent compensation as
follows:
5.1 Salary. One Hundred Eighty One Thousand One Hundred Eighty Eight
dollars ($181,188) per year, payable in installments consistent with the
Board's policies and District procedures.
5.2 Salary Adjustments. At any time during the term of this Contract, the
Board may, in its sole discretion, review and adjust the salary based on
performance, duties, or on any other lawful basis, but in no event shall the
Superintendent be paid less than the salary set forth herein, except by
mutual written agreement of the Parties. Such adjustments shall be made
pursuant to lawful Board action to be effective on the October 1 following
Board action regarding the Superintendent's summative evaluation in
September 2009. In such event, the Parties shall execute a new contract
incorporating the adjusted salary and any other changes as agreed upon by
the Parties.
5.3 Benefits The District shall provide benefits to the
Generally.
Superintendent as provided by state law and Board policies. The Board
Pflugerville ISD Superintendent Contract Page 3 0/9
reserves the right to amend its policies at any time during the term of this
Contract to reduce or increase these benefits (i.e. benefits that are not
specifically set forth in this Contract), at the Board's sole discretion.
5.4 Health Care Benefit. The District shall pay premiums for medical, dental
and vision insurance coverage for the Superintendent and the
Superintendent's dependents under the District's group health care plan
provided by the District for its employees, up to a monthly premium of
one thousand one hundred do lIars ($ 1,100).
5.5 Professional Dues. The District shall pay dues on behalf of the
Superintendent to the professional organization(s) of the Superintendent's
choice, up to an annual amount of one thousand five hundred dollars
($1,500).
5.6. Automobile Benefit. The District shall provide to the Superintendent an
automobile at a maximum cost of purchase to the District of $25,000.
Such automobile shall be American-made and shall be marked as property
of the District in accordance with PISD Board Policy CNB (Legal). The
District shall pay all operating expenses for the automobile, including fuel,
repairs, general maintenance, and automobile liability insurance coverage
naming the District as an insured. The level of insurance coverage shall
be set by the Board.
The Superintendent is permitted reasonable personal use of the
automobile; however, personal travel in the automobile outside the
Education Service Center Region 13 ("ESC") requires approval by the
Board. Mileage reimbursement shall not be available to the
Superintendent for ESC area travel except in the event the automobile is
unavailable due to then-current repair or maintenance. The
Superintendent shall be responsible for income tax liability, if any, on the
automo bile.
5.6 Deferred Compensation. The District has made contributions to a Fixed
Income Annuity owned by the District for the benefit of the
Superintendent. The Superintendent has selected the Fixed Income
Annuity to be so funded. The Superintendent shall have no ownership
rights in the Fixed Income Annuity account until December 31, 2011, on
which date full ownership of the account shall be transferred to the
Superintendent, provided that the Superintendent continues to be
employed in the position of Superintendent by the District on that date.
In the event that the Superintendent ceases to be employed by the District
in the Superintendent position for any reason prior to that date, all funds in
the account will revert to the District.
Pflugerville ISD Superintendent Contract Page 40/9
6. Suspension. In accordance with Texas Education Code Chapter 21, the Board
may suspend the Superintendent without pay during the term of this Contract for
good cause as determined by the Board. The Board may suspend the
Superintendent with pay during the term of this Contract for any reason as
determined by the Board.
7. Termination and Nonrenewal of Contract. Termination or nonrenewal of this
Contract or resignation under this Contract will be pursuant to Texas Education
Code Chapter 21. In the event that the Board proposes the termination or
nonrenewal of this Contract the Superintendent shall be afforded all the rights as
set forth in the Board's policies and state and federal law.
8. Extension. At any time subsequent to January 1, 2009, the Board may, it its sole
discretion, consider the reissuance of the Contract for an extended term. Failure
to reissue the Contract for an extended term shall not constitute any indication of
nonrenewal under Board policy.
9. General provisions.
9.1 Amendment. This Contract may not be amended except by written
agreement of the Parties.
9.2 Severability. If any provision in this Contract is, for any reason, held to
be invalid, illegal, or unenforceable, such invalidity, illegality, or
unenforceability shall not affect any other provision of the Contract. This
Contract shall be construed as if such invalid, illegal, or unenforceable
provision had never been a part of the Contract.
9.3 Entire Agreement. All existing agreements and contracts, both verbal
and written, between the Parties regarding the employment of the
Superintendent are superseded by this Contract. This Contract constitutes
the entire agreement between the Parties.
9.4 Applicable Law and Venue. Texas law shall govern construction of this
Contract. The Parties agree that venue for any litigation relating to the
Superintendent's employment with the District, including this Contract,
shall be the county in which the District's administration building is
located. If litigation is brought in federal court, the Parties agree that
venue shall be the federal district and division in which the District's
administration building is located.
9.5 Paragraph Headings. The headings used at the beginning of each
numbered paragraph in this Contract are not intended to have any legal
effect; the headings do not limit or expand the meaning of the paragraphs
that follow them.
Pflugerville ISD Superintendent Contract Page 5 0/9
9.6 Legal Representation. Both Parties have been represented by legal
counsel of their choice, or have had the opportunity to consult with legal
counsel in the negotiation and execution ofthis Contract.
10. Notices.
10.1 To Superintendent. The Superintendent agrees to keep a current address
on file with the District's human resources office and the Board President.
The Superintendent agrees that the Board may meet any legal obligation it
has to give the Superintendent written notice regarding this Contract or the
Superintendent's employment by hand-delivery, or by certified mail,
regular mail, andlor express delivery service to the Superintendent's
address of record.
10.2 To Board. The Board agrees that the Superintendent may meet any legal
obligation to give the Board written notice regarding this Contract or the
Superintendent's employment by providing one copy of the notice to the
President of the Board and one copy to the Vice President of the Board.
The Superintendent may provide such notices by hand-delivery, or by
certified mail, regular mail, andlor express delivery service, to the Board
President and Vice President's addresses of record, as provided to the
District.
11. Conflicts. In the event of any conflict between the terms, conditions, and
provisions of this Contract and the provisions of the Board's policies, or any
permissive state or federal law, then, unless otherwise prohibited by law, the
terms of this Contract shall take precedence over the contrary provisions of the
Board's policies or any such permissive law during the term of the Contract.
12. District Goals. The Superintendent shall submit to the Board each year, for the
Board's consideration and adoption, a preliminary list of goals for the District.
The goals approved by the Board shall at all times be reduced to writing ("District
Goals") and shall be among the criteria on which the Superintendent's
performance is reviewed and evaluated. The Board agrees to work with and
support the Superintendent in achieving the District Goals.
13. Review of Performance.
13.1 Time and Basis of Evaluation. The Board's evaluation and assessment
of the Superintendent shall be reasonably related to the duties of the
Superintendent as outlined in the Superintendent's job description and
shall be based on the District's progress toward accomplishing the District
Goals. To that end, the Board shall perform a written summative
evaluation and assessment of the Superintendent's performance in
September of each year during the term of this Contract, beginning in
September 2009, unless unforeseen circumstances require a modification
Pflugerville ISD Superintendent Contract Page 60/9
in the schedule. In addition, the Board and the Superintendent shall
discuss the performance of the Superintendent and perform interim or
formative evaluations three times between the effective date of this
Contract and September 2009, unless unforeseen circumstances require a
modification in the schedule. In any event, the Board shall evaluate and
assess the performance of the Superintendent at least once each year
during the term of this Contract.
13.2 Confidentiality. Unless the Superintendent expressly requests otherwise
in writing, the evaluation of the Superintendent shall at all times be
conducted in executive session and shall be considered confidential to the
extent permitted by law. Nothing herein shall prohibit the Board or the
Superintendent from sharing the content of the Superintendent's evaluation
with their respective legal counsel.
13.3 Evaluation Format and Procedures. The evaluation format and
procedure shall be in accordance with the evaluation instrument selected
by the Board in accordance with Section 13 of this Contract, the Board's
policies, and state and federal law. In the event the Board deems that the
evaluation instrument, format andlor procedure is to be modified by the
Board and such modifications would require new or different performance
expectations, the Superintendent shall be provided a mutually agreed upon
period of time to demonstrate such expected performance before being
evaluated.
14. Professional Growth. The Superintendent shall devote the Superintendent's
time, attention, and energy to the direction, administration, and supervision of the
District. The Board, however, encourages the continued professional growth of
the Superintendent through the Superintendent's active attendance at and
participation in appropriate professional meetings at the local, regional, state and
national levels. The Board shall encourage the use of data and information
sources, and shall encourage the participation of the Superintendent in pertinent
education seminars and courses offered by public or private institutions or by
educational associations, as well as the participation in informational meetings
with those individuals whose particular skills, expertise, or backgrounds would
serve to improve the capacity of the Superintendent to perform the
Superintendent's professional responsibilities for the District. In its
encouragement of the Superintendent to grow professionally, the Board shall
permit a reasonable amount of release time for the Superintendent as the
Superintendent and the Board deem appropriate, to attend such seminars, courses
or meetings. The District does hereby agree to provide in the District's budget
during the term of this Contract for the benefit of the Superintendent, a
professional development budget per contract year to be used for registration,
travel, meals, lodging, and other related expenses.
Pflugerville ISD Superintendent Contract Page 70f9
15. Civic Activities. The Superintendent is encouraged to participate in community
and civic affairs.
16. Expenses. The District shall payor reimburse the Superintendent for reasonable
expenses incurred by the Superintendent in the continuing performance of the
Superintendent's duties under this Contract. The District agrees to pay the actual
and incidental costs incurred by the Superintendent for travel outside the district.
Such actual or incidental costs may include, but are not limited to, gasoline, hotels
and accommodations, meals, rental car, and other expenses incurred in the
performance of the business of the District. The Superintendent shall comply
with all procedures and documentation requirements in accordance with Board
policies.
17. Expense Allowance. The District shall provide the Superintendent with a
business expense allowance in the sum of One Hundred Fifty dollars ($150) per
month, for discretionary business expenses related to the District's business that
may be incurred by the Superintendent but that are not directly reimbursed by the
District, e.g., meal and event expenses for gatherings with individual Board
members, staff members, business contacts and/or other individuals with whom
the District has a relationship.
18. Reassignment. The Superintendent cannot be reassigned from the position of
Superintendent to another position without the Superintendent's express written
consent.
19. Board Meetings. The Superintendent shall attend, and shall be permitted to
attend, all meetings of the Board, both public and closed, with the exception of
those closed meetings devoted to the consideration of any action or lack of action
on the Superintendent's Contract, or the Superintendent's evaluation or
performance, or for purposes of resolving conflicts between individual Board
members, or when the Board is acting in its capacity as a tribunal.
20. Criticisms, Complaints, and Suggestions. The Board, individually and
collectively, shall refer in a timely manner substantive criticisms, complaints, and
suggestions called to the Board's attention either: (a) to the Superintendent for
study and/or appropriate action, and the Superintendent shall refer such matter(s)
to the appropriate District employee or shall investigate such matter(s) and shall
within a reasonable time inform the Board of the results of such efforts; or, (b) to
the appropriate complaint resolution procedure as established by the Board's
policies.
21. Indemnification. To the extent it may be permitted to do by applicable law,
including, but not limited to Texas Civil Practice & Remedies Code Chapter 102,
the District does hereby agree to defend, hold harmless, and indemnify
Superintendent from any and all demands, claims, suits, actions, judgments,
expenses and attorneys' fees incurred in any legal proceedings brought against
Pflugerville ISD Superintendent Contract Page8of9
Superintendent in the Superintendent's individual or official capacity as an
employee and as Superintendent of the District, providing the incident( s), which
is (are) the basis of any such demand, claim, suits, actions, judgments, expenses
and attorneys' fees, arose or does arise in the future from an act or omission of
Superintendent as an employee of the District, acting within the course and scope
of Superintendent's employment with the District; excluding, however, any such
demand, claim, suits, actions, judgments, expenses and attorneys' fees for those
claims or any causes of action where it is determined that Superintendent
committed official misconduct, or committed a willful or wrongful act or
omission, or an act or omission constituting gross negligence, or acted in bad
faith; and excluding any costs, fees, expenses or damages that would be
recoverable or payable under an insurance contract, held either by the District or
by Superintendent. The selection of Superintendent's legal counsel shall be with
the mutual agreement of Superintendent and the District if such legal counsel is
not also District's legal counsel. A legal defense may be provided through
insurance coverage, in which case Superintendent's right to agree to legal counsel
provided for him will depend on the terms of the applicable insurance contract.
To the extent this Section 21 exceeds the authority provided and limitations
imposed by Texas Civil Practice & Remedies Code, Chapter 102, it shall be
construed and modified accordingly. The provisions of this Section 21 shall
survive the termination of this Contract. Nothing herein shall obligate the District
to provide a legal defense or indemnification for any claim, demand, legal
proceeding, or action betw he Superintendent and the District or its Board.
Superintendent:
'0-7-10
Pflugerville Independent School District
By:
Date signed: /0- )- r(J
Attest:
By:
Date signed: CO-i-LO
Pflugerville ISD Superintendent Contract Page 90/9
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