Contractor Resignation - PDF

Document Sample
Contractor Resignation - PDF Powered By Docstoc
					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

        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

         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

         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
                  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

         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

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

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

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

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

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.



Pflugerville Independent School District


           Date signed:           /0- )-     r(J


           Date signed:            CO-i-LO

Pflugerville ISD Superintendent   Contract                                          Page 90/9

Description: Contractor Resignation document sample