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Superintendent Contract in Arizona

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					                         SUPERINTENDENT’S CONTRACT

By this Contract (“Contract”), the Tucson Unified School District No. 1 of Pima County,
Arizona (“the District”), by its Governing Board (“the Board”), and John Pedicone (“the
Superintendent”), agree as follows:

1.     Employment: The Board agrees to employ the Superintendent and the
Superintendent agrees to be employed by the Board for a period beginning January 1,
2011, and ending June 30, 2013.

2.      Duties: Superintendent shall perform the duties of Superintendent of Schools in
and for the public schools in the District as prescribed by the laws of the State of Arizona
and the rules and regulations of the Governing Board. Subject to the Governing Board’s
personnel policies and the Governing Board’s exclusive authority to hire and fire
employees and to determine employee compensation, Superintendent is authorized to
organize, reorganize and arrange the central administrative and supervisory staff,
including instruction and business affairs, in the manner which, in his judgment, best
serves the District. The responsibility for assignment and transfer of personnel shall be
vested in the Superintendent.

3.     Consideration:

       A.      Base Compensation

       In consideration for the performance of the above-described duties, the Board
agrees to pay to the Superintendent the annual base salary of Two Hundred Five
Thousand Dollars ($205,000.00) (“Annual Base Salary”), and additional compensation
and benefits as set forth in this Contract, prorated for the period of January 1, 2011, to
June 30, 2011.        For the second Contract year beginning July 1, 2011, the
Superintendent’s base salary shall be increased by the same average percentage increase
received by certificated District employees, but in no event less than zero percent (0%).
In May of 2012, the Superintendent and the Governing Board shall negotiate the salary
increase, if any, for the third year of the Contract beginning July 1, 2012, through June
30, 2013.

       B.      Performance-Based Compensation:

        In accordance with A.R.S. §15-341.A.40, the Superintendent and the Board agree
that during the term of this Contract, twenty percent (20%) of the Superintendent’s total
compensation and benefits shall be designated as “Performance-Based Compensation.”
Attached to this Contract as Exhibit A is the performance pay plan that has been
approved by the Board for the term of this Contract.

4.     Superintendent/Board Relations: The Board shall devote at least a portion of one
meeting, either in November or December in each Contract year, to a discussion with the
Superintendent of the working relationship between the Superintendent and the Board.
The Superintendent’s job performance will be evaluated annually by the Board based on
agreed-upon goals mutually developed by the Board and Superintendent. Paragraph 3.B



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above will be incorporated into the annual evaluation and such evaluation will occur in
executive session.

5.      Termination for Cause: Throughout the term of this Contract, the Superintendent
shall be subject to discharge for sufficient cause as provided by law. As an alternative to
termination for cause, the Governing Board may terminate this Contract with or without
cause, by paying to the Superintendent an amount equal to the total remaining Annual
Base Salary and accrued benefits under the Contract less any Performance-Based
Compensation not yet earned.

6.      Professional Engagements: In addition to the paid leave provided in Paragraph
9(A) of this Contract, the Superintendent may undertake speaking engagements, writing,
lecturing or other professional activities for pay which do not conflict with his duties as
Superintendent, not to exceed five (5) days during each year of this Contract. It is
understood that the Superintendent shall have the right and duty to adjust his schedule
according to workload demands. Any unused time off provided under this Paragraph
shall not carry over from year to year, nor will the Superintendent be entitled to
compensation for any unused time off provided in this Paragraph.

7.     Professional Activities: The Superintendent is encouraged and expected to attend
appropriate professional meetings at the local, state and national levels, with reasonable
and actual expenses paid for by the District in accordance with District policies and
procedures.    The District shall pay the Superintendent’s dues in professional
organizations of the Superintendent’s choice provided that the Superintendent’s
membership in such organizations is beneficial to the District, provided, however, that
the District shall pay for the Superintendent’s dues for membership in the Arizona
Association of School Administrators (ASA), the American Association of School
Administrators (AASA), and the Urban Superintendents of America.

8.     Reimbursement of Expenses:

        A.     During the term of this Contract, the Superintendent is required to be on
call 24 hours a day; therefore, a vehicle is required for the Superintendent to perform his
duties. Therefore, the District shall pay to the Superintendent the sum of Nine Hundred
Fifty Dollars ($950.00) per month as an automobile allowance. In consideration of this
automobile allowance, the Superintendent agrees not to submit requests for
reimbursement for business travel within Pima County. For business travel outside Pima
County, the Superintendent may submit and receive legally authorized mileage and other
travel expense reimbursement.

        B.     Civic Responsibility Expenses: The Board recognizes that there are civic
obligations and responsibilities inherent in the performance of the duties of
Superintendent. Because the Board expects and requires the Superintendent to establish
business, professional and social contacts in the community to help build and continue
community support for the District, the Superintendent shall receive One Thousand Two
Hundred Fifty Dollars ($1,250.00) per month for reasonable civic responsibility
expenses.




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        C.     Technology Allowance: In order to perform contractual duties, the
Superintendent is required to have a cell phone and be available for business calls and to
have other technology to be available for business communications. The Board shall pay
to the Superintendent the sum of Two Hundred Fifty Dollars ($250.00) per month as a
technology allowance.

9.      Benefits: In addition to the Annual Base Salary as set forth in Paragraph 3 A. of
this Contract, the Superintendent shall receive the following benefits as consideration for
the faithful performance of his duties as Superintendent:

         A.     Thirty-five (35) days of paid leave in each fiscal year of this Contract
(prorated for the remainder of fiscal year 2010-2011). Paid leave may be used for
personal or family illness, personal leave, or vacation at the option of the Superintendent.
Up to fifteen (15) days of unused leave may be carried over into a subsequent year, but in
no event shall Superintendent accumulate more than fifty (50) days of leave time. On
June 30 of each year in of this Contract, Superintendent shall be compensated for up to
thirty-five (35) days of any accumulated but unused paid leave days at his per diem rate.
The Superintendent’s Daily Rate shall be calculated by dividing the Superintendent’s
Annual Base Salary and the total of benefits set out in Paragraphs 8 A-C above, by 260.

       B.      Holidays as set forth in the District’s calendar.

        C.      The District shall pay the premiums for hospitalization/major
medical/health, dental and vision insurance for the Superintendent and his spouse for
coverage with an insurance carrier selected by the District, following consultation with
the Superintendent. The Superintendent shall receive the same life and disability
insurance benefits as are provided to other District administrators The District shall pay
for an additional $200,000 of life insurance premiums for Superintendent, and shall pay
the premiums for short-term disability insurances for the Superintendent. The short-term
disability policy shall provide coverage commencing not more than thirty (30) days after
the inception of the disability, and shall cover a minimum of 75% of the Superintendent’s
salary then in effect, during the disability. In no event shall the District’s obligation
pursuant to this paragraph exceed a total of $3600.00. If the cost of the life and disability
insurance exceeds a total of $3600.00, the Superintendent shall have the option of
reducing the coverage or paying the difference in premium(s) himself.

       D.      Unless specifically modified by this Contract, the Superintendent shall
receive all benefits provided to other District administrators.

        E.     As a public employee retirement benefit and pursuant to A.R.S. § 15-
121(b)(2) and (d)(1), the District hereby agrees to purchase for the benefit of
Superintendent, a tax-sheltered annuity in the amount of Twenty-two Thousand Dollars
($22,000) during each fiscal year of this Contract (prorated for the remainder of fiscal
year 2010-2011). The TSA shall conform to the Internal Revenue Code Section 403(b)
and all applicable regulations and state laws.

       F.     As a public employee retirement benefit and pursuant to A.R.S. § 15-
121(b)(2) and (d)(1), the District hereby agrees to purchase for the benefit of
Superintendent, a tax-sheltered annuity in the amount of Twenty-two Thousand Dollars


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($22,000) during each fiscal year of this Contract (prorated for the remainder of fiscal
year 2010-2011). The TSA shall conform to the Internal Revenue Code Section 457 and
all applicable regulations and state laws.

10.     Indemnification: To the maximum extent provided by law, the District 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
official capacity as agent and employee of the Board, or in his individual capacity,
provided that the claim arose while the Superintendent was acting within the scope of his
employment and excluding any criminal investigation and/or prosecution. In no event
shall the Governing Board’s obligation hereunder exceed the authority conferred upon it
by State law, nor shall its obligation extend to any situation in which the Governing
Board and the Superintendent have adverse legal interests. The terms of this paragraph
shall survive the termination of this Contract.

11.    Applicable Law: This Contract shall be governed by, and construed and enforced
in accordance with, the laws of the State of Arizona.

Dated: November 23, 2010                           Approved at a meeting of the
                                                   Governing Board, Tucson Unified
                                                   School District No. 1, on
                                                   November 23, 2010




John Pedicone, Ph.D.                               Judy Burns
Superintendent                                     President, Governing Board




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                             EXHIBIT A
                PERFORMANCE-BASED COMPENSATION PLAN

A.      Performance-Based Compensation: For purposes of this Performance-Based
Compensation Plan, for fiscal year 2010-2011, Superintendent’s Annual Base Salary and
other compensation and benefits, which constitute eighty percent (80%) of this Contract
in accordance with A.R.S. §15-341.A.40, have been calculated to be the annual amount
of Two hundred ninety-five thousand four hundred thirty-three dollars ($295,433.00) (to
be pro-rated for the remainder of 2010-2011 fiscal year). Superintendent’s annual
performance-based compensation therefore is Seventy-three thousand eight hundred and
fifty-eight dollars ($73,858.00) (to be pro-rated for the remainder of the 2010-2011 fiscal
year). The Governing Board and the Superintendent recognize and agree that the
amounts set forth above may be adjusted to reflect the actual amount of the cost of non-
cash benefits (for example, which medical plan is selected by the Superintendent.) The
parties also agree that the amounts set forth above may be adjusted to reflect these
selections. For fiscal year 2011-2012, and 2012-2013, the amounts set forth above will
be adjusted to reflect any increases/decreases in the amount of the cost of non-cash
benefits.

B.      Frequency and Timing of Performance Assessment and Payment:                     The
Performance-Based Compensation shall be payable only if and to the extent the
Superintendent satisfies the criteria for award of Performance-Based Compensation as set
forth in Paragraph C, below. The Governing Board shall assess Superintendent’s
performance related to the agreed-upon goals no later than June 15 of the fiscal year of
the Contract, and shall award Superintendent’s Performance-Based Compensation, if any.
Payment shall be made by June 30 of the fiscal year of the Contract, or the next regular
pay period following. If data to assess any goal or goals is not available by the date set
forth above (for example student test data), then the Governing Board shall assess
Superintendent’s performance related to that goal or goals within thirty (30) days after
the data is available, and payment, if any, shall be made within fifteen (15) days after the
Governing Board assesses the Superintendent’s performance related to that goal or goals.

C.     Criteria for Award of Performance-Based Compensation:

      Assessment of the Superintendent’s performance shall be by majority vote of the
Governing Board on each goal assessed.

        The Superintendent and the Board hereby agree that the goals by which the
Superintendent’s Performance-Based Compensation shall be measured shall be those
goals identified by the Board at its scheduled retreat in January, 2011. The
Superintendent shall have input into those goals, but the final determination of the goals
shall be by majority vote of the Governing Board. The Governing Board specifically
agrees that no later than January 31, 2011, the Board shall adopt performance goals in an
open meeting of the Board. The Superintendent specifically agrees that the goals set by
the Governing Board at that meeting shall be the goals by which his performance is
measured for Performance-Based Compensation. Those goals shall continue in effect for
the 2011-2012 and 2012-2013 fiscal years, unless modified by the Governing Board.



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