VDE COUNTY BOARD OF EDUCATION SUTERINTENDENT'S CONTRACT ‘THIS CONTRACT, made this_Lst___day of November, 2011 by apd been the HYDE COUNTY BOARD OF EDUCATION (ihe "Baud" and RANDOLPH H, LATIMORE, SR. (he ‘Superntndent), ‘WITNESSETH: WHEREAS, the Board has dtennined that Randolph H,Laimore, Se. possesses the credentials, edveszonal prerequisites, mn experience requirements a provided for uperinfendent pusuant to Chaple 115C o the Nos Carolia General Statutes anda the State Board of Baucsion hax ‘prseribed and that i desires to appoint Randolph H.Latimore, rth position of Supesntenden; si, \WHDREAS, Randolps H.Letinore Se desires to eecept the Bond's appointment othe poston of Superintendent; NOW, THEREFORE: in consideration ofthe promises and the muna covenants contained herein th pares hereto agree as lows: | TERM OF APPOINTMENT: The Board hereby apoins and Randolph H. Latimore, Se. bnereby accepts appintmen, ofall the duties, and esponsibiities of Superintendent of the Hyde County Schoo! Adiniseaive Unt (the”Systen”) forfour (4) yea tenn commencing on July 1, 2012 and conning through Juve 30,2016 Extension or renewal of the Contract Shall be undertaken only by resoiton ofthe Bosrd parent to N.C, Generel Statue 11SC- m. DUTIES AND RESPONSIBILITIES: Randolph H. Latinore, Sr. during the tem of his appointment as Superintendent st fort ia Paragrap | above, sll perform al those duties reverted by the Bord ie Sate Board of Eduction, and the laws td ttstes ofthe Stale ‘of North Carling for a superintendent, ineuding perfomance ofthe dlls and execise of the powers presribad for a superstndent by Chapter 115C ofthe North Carolina General States and, more putzualy, N.C. 113C-26. tn sion, but withos limiting the responsbliis ofthe pares, the Board and Randolph, Laimore, St. further acknowledge 1nd gree that Randolph H. Latimor, Sr. shall on an annual basis Frish evidence tha he oninoes to possess the minisum credentials, edvetansl prerequisites. And experience requirement 5 the State Board of Edvstion sal preszibe, ‘The Board may, Fom fine to time, peesrbe addons dates and responsibilities forthe Superintendent; provided, however, thatthe Board shall not, without the Superintendent's \wrinen consent, adopt an poiey or tke any action which conflicts with the provisions of| this greemear or impairs the Superintendent in arying our dates und ahora specified in this agresment. The Boal agrees tit wil eanform board policy to the terms ofthis‘conract, Te lems ofthis Contact shall govern and supercede any existing or future board policy o card action that esas wih this Contact ‘The Supeintenden shall be techie exeeutive oie forthe Board al eet and assign ‘eacers md ater employees ofthe sceols unde his rupecvsion; shal organs, reorganize tnd arrange the adminisrative nd supervisory af, ineloding instruction and business ali, asbest serves the Hyde County School Administ Unit. The Seperntendent also shall econmend al personne! fr hi. “The Boat, individually and eoletivl, shall refsin rom inva interference wih he ‘aminstation of school policies exeop through Board eton. The Goard-nembers Sal, Indvidel, doo atta wll provon the Eaperntndent or his seers fom property ‘performing the work of the Schools. In tee ealngs with the Supernienden, the board ‘members shall deal ieough Boar ation, “The Supe‘stendent shal have the ight fo provide administration recomendations on each litem of busines considered by the Board and its commites ‘The Supeiatendent shall have the authority to select alameye to work with the schoo! Asst onany specialized mates in which tbe Sopeirenden considers tin the bes interest ofthe Sym, ineluing special edveton elated iie, personncl, and any investigations, Jn any mater which iavlves the Superintendent in hearings or presentation of evidence to the Board on behalf ofthe administration ofthe System and i his oil eapucity, de Board Shall be represened by Such storey’ af the Board shall elst andthe Soperintendent mty select appopite separate eal representation atthe System's reasonable expense, ‘The Superintendent shall not assign bis duties and authority hereunder withost the prior writen eoosent ofthe Board ‘COMPENSATION: Randolph H. Lotimore, Se. uring the trm ofthis enact shal be paid the sum ef 49,199.67 per month payable an the lst day of each month egining on uly 31,2012 and ending on une 30,2016. The Board wil cooperate with the Superintendent in any effon the Soperinendent may undorake with the cespect to any Ux defered ‘compensaion program the Superintendent wisest take advantage of 0 log ast ie witout ‘conto the Bose (OTHER EENEFITS: () Randolph H.Latimore St shal recive leave, hea insurance, und ‘ater Rents gaerillyappliesble to cher twelve (12) month series administrative ‘employees ofthe Board and pursuant to Chapter 115 ofthe North Carolina General Statues nd State slicy. e) The Superintendent should be a member of appropriate professional and ivi organs. The superintendent's membership des for appropriate profesional and ‘vie orgniatons andthe reasonable expenses fo ution nd regisain ot professional imecings shall be reimbursed to bim by she Board. The Supecntenent may allend spproprite profesional mestings and courte atthe loa stat, and none levels. The‘ution and oes of sid atendance wil be pad rom the cures operating funds ofthe Board ‘The Superintendent sal le itemized expense statements with the Finance Ofcer ofthe ‘Superintendent shall be entitled to resoeable reimbursement for meals and lodging while ‘tending eny such mestings or courses and shall be reimbursed for tose travel expenses only as provided in Paragraph below. (2) The Superintendent shall receive fail health insurance and dental insurance of comparable coverage ois invidual heal insurance tht willeover bis spouse and any mise cilden 5. EXPENSES: Transporation ‘The Board shal furish wo the Supesionendent such automobile as tin it soe discretion stall ee fi Lobe sed for business ofthe Board only, including teaspoon Fram the ‘Superiotendnts home to destinations relted tothe business of the Sytem, In etion, ‘the Superintendent shall ave the right to use fue ro the facies ofthe Board in sald ‘utomebil for use in Bond business He shal keep said automobile msiniained by the vehicle maintenance personnel ofthe Board at prope intervals. Sid automobile stall not ‘be ted in any ileal manner or fr any ile! purpose. Alleraively at te option of te ‘Superintendent, he may ote his ov vehicle. I the Superintendent wees hi own vehicle for business-related use, be shall be reimbursed atthe current federal ate for mileage Provided be submits appropriate documentation, Phone exmenss 1) Cellphone: In recognition that the Superintendents dts wil case the Superintendent otravel within and ouside te schoo dre, in ation to the sums described in paragraph 3 above, the Board will pay the Superintendent $150.00 per mandh. The Superintendent wl tks sole ‘expense purchase and msitsn a mobile telephone. The Superintendent ‘shall kee the mobilephone with him while conducting oficial dues or ‘work-elied travel and other tines when tbe Superitendest can reasonably ancipate that members ofthe Board cr school personne! may need fo contact him. The Superintendent shall be under no eblgation to account tote Boerd fo his sige of sch phone. 4) System phones: The Superintendent may use the Systm phones forthe prpose of lling his residence without charge, 6. PROFESSIONAL LIABILITY: The Board agrees tat it shall defend and indemnity the Superintendent ffom any and all demands, claims, sus, ection, and legal proceedings brought sya the Superintendent in his individval or ficial capaci, provided te indent ving rise vo any such demand, claim, su, action, or legal proceeding (snot ceimial in ure and arose while the Superintendet was acting within the scope and course of his ‘employment and (b) and provision for uch ability coverage i within the authrity oftheBoned under Noth Carlisle, Inno event wil individ! Board members be considered person tidble for indzmifying the Superintendent apninst sch demands, claims, sits, tions, oF legal proceedings. Notwitstanding anything i his pargrph to the contrary, however, the Board sll be under no obligation under this paragraph in excess of any Tabi poliey limits on any lisbilty insurance carried by the Board covering any demmnds, aims, suits actions orga proceedings desribed hein. PHYSICAL EXAM: The Board wil rimburse Randolph H. Latinos, Sr. Fr the actual and reasonable cost of one prysicl examination per year during the tem hereof. Not to exceed $500.00 per your Randlph H. Latimore. Se agres that he wil subi o such phyicl or ‘ter medical eximintens as may be equred by law fom tne tine and wo rovde tothe ‘Board such medial infoenation as may be required by lw tobe made avaliable oe boar, {he resl of such examinations sal beth ane propery oF Randeiph H. Laors Sr [RESIDENCE: Pursuot N.C. General Statute Seaton }15C-272, the Superintendent sal stalish and maintain awsidence within Hyd County at all ines during therm hereof. (CONSULTING AND QUTSIDE EMPLOYMENT: The duis and responsibites of the ‘Superintendent require flame employment and foguentl require the Superincendet 10 attend to his dates ouside regular bisiness hours. Wile the Superstendent shall devote his time, atnton and energy to the busines ofthe System, the Superintendent may seve on boards and commitees ef profesional organizations or community organizations, He ey leo accep speaking and writing engagements and other activites of shr-erm duration for ay so Tong as they do oot impede his bility to serve the System and tat vacation leave be taken if necessary to perform the actives. Any cther ouside employment requires prior Board approval. The Superintendent sprees to comply withthe ws and statues of North Carolina and Board poticy earn oats of interes. DISABILITY: If the Superintendent become totaly disabled by reason of physical or meota, illness or bodily injury, and the sud toa disability exis fora pared of sixty (60) or more days during the wer ofthe Cont, beyond hat pevod which be would have bees ened to take as sik lave, vation lave, or both, or ifthe Supritendent is determined to be permanently disabled, the Board may (at it option) terns this Contec, whereupon the respective dates, rigs, and obligations of the partes hereof shell tinate, Determination ofthe existence or nneristence of total ot permanent disability shall be made by the Board ne nondiseriminatoy miner and pursuant o an examination by a plysiie, payer, payehologis, or mental health professional thea currently isensed or authorized to practice in the State of Nor Carolina ad selected, appoinied, or approved by the Boar. Applicaton of this provision wil be determined pursuant tothe following defntos ‘Toul Dissilty ~ The Superintendent will be considered tomlly sale fit i etemined that be is unable to perform one or more of his material duis under this Contract by reason of pyar mental illness or boll nur.|, Pemaneat Disbility ~The Superintendent wil be considered permanently disabled iti is determined tha the Supeintendens physical o mena illess or belly injury (1) is expected to result in death or be of long-contioued of indefinite duration and presents no reaonale prospect of rapid rehabilitation and (2) is kly to render the Suparntenéene unable 0 perform one oF moro of his material duties under this Physical ~ Physician means a person who is operating win the scope of his license and i cures licensed to practice medicine and prescribe and administer drags or to perform surgery in the State of North Carling. It will not include a ‘member ofthe Boar r& spouse, daughter, son, fae, masher, sister, or broker of ‘member oft Boars or of the Soperinenden. 4. Physical Mines = Psi illness will include a disease or dicnder of eny pe Aingnosed by a pysician, Menta nest ~ Mesa illness wl incl ments, nervous oF emotional dieses Aisorders of eny Qpe dingnosed by a psychi, pryehologi, or other meat hats professional ben curelly licensed or authorized to practice in he Sate of [Nort Caroline. 11, DISCHARGE: The Board may discharge the Superintendent for cause during the tern ofthis Contract. Causes for removal shal include, bu not be limited o, those enumerated in N.C. Ger, Sta See 1150-274 (eluding any subsequently ensced amendments tert) and any rund fo the dismissal or éectin ofa carer teacher enumerated in N.C. Gen, Stat. See. 115C:325(e)(1). Ifa meme of the Board has cause to elive thi provid exit for Rendoiph H. Latimore, Sr. to be discharged, said member may present to the Bowrd a slalement ating forth such rounds, Upon receipe of «report of the Superintendent of Public Istretion of the State Bord of Education (a provided for in N.C. Gen. Stat. See 115C- 2214) ora statement from a member ofthe Board (4s provided for above), the Board may, at its option, appoin: legal cones to investigate the alleged prounds fr dsassal and make 2 recommenstion othe Boas! aso wheter a hearing shold be eld to determine if grounds for discharge exis. Prior to any decision by the Board to discharge the Superintendent for cause, the Superintendent shal uve ths right to a wet statment of he alleged grounds for discharge and at ent en (1) ny wit notice of theta and ple of heating efore the Rew ‘The Sopevinceadent shall fave the right to presen at the hearing, to be represented by counsel, o present evidence in is own behalf, and to erossexamie adverse winesses. I. Shall not be grounds for obestion by the Superintendent that « Board member should be recused from the eerng be:aus helsbe presented or patcpste in preseting to the Board 1 statement setng forth alleged grounds for discharge. The hening shill be conducted in exceutive session and as by law provided. Ite Beard determines by a proponerance ofthe evidence that grounds for discharge exist and ae substantiated, the Board may by writen resolution order such discharge and desare the office vacant18, 1 the event the Superatndentunderakes an appeal fom any Board action, wanstit oF the ecard ofthe proceedings before the Board esl be made ailabe withoet charge tthe ‘Superintendent. Discharge fr eause pursuant o this provision shall enmnate ll ight end ‘esponstilies of Randolph H. Latinos, Se. 2. SUSPENSION: At the time the Board receives a report om the Superintendent of Public Inerution or State Board of education ora statement from a member of he Bord pueuant (ON.C. Gen. Sta Sec. 115C274 andor Paragraph 1 above, the Board may i is discretion determine that immediaesuspeasion ofthe Superintendent i necessary, andthe Boar may suspend the Superintendent with pay for a reasonable time, not to exceed ninety (90) days. ‘Before sespending the Superintendent the Board sal give the supsintendent writen notice ‘ofthe suspension, cad notice to inetude an explanation ofthe basis for he Boar's decision ‘0 intr his suspension, [the suspension ist be withoat pay, the Board shall schedule a hearing before the Board as provided in Pargaph 11 herein, within fifteen (15) days of commencement ofthe suspension. fit fly determined that no grounds for discharge exis, RandoiphH. Laimore, Shall be instatd immodintly an, if the sespension was without ‘8, Randolph H. Latimor, Sr. shall be pi forthe period of xtpension, During the period of suspension, the Board may, pursuant o N.C. Gon, Sat. Se. 115C-275, ppointanoher person to serve as ating or interim Superictndent with al he powers and dates reser Fora Superintendent by N.C. Gen. Sint. See, 1150-276. 9. UNILATERAL TERMINATION BY THE BOARD: The Board my, tits option with thity (G0) days writen notice wo the Superintendent, unileteally terminate this Contact. IN the ‘vent of such teninaion, the Board shal pay the Superitendem as teveranee pay, the ‘ggregate anal salary payable pursuant to Paagrph 3 heel forthe period begining with ‘he efTeive date set fr inthe Conran the event Ua the Supernendent obtains other employment prior to the termination ofthis Contract, sid severance py shall be reduced in the amount of the sly or other moneery compenstion received by the Superintendent from his subsequent employer. Inthe event the Board decides 0 terminate this Contract porsuat (this provision the right toa hearing before the Bodrd x speifed in Paragraph 11 herein, andthe htt appeal the Boar's ation pursuant to N.C. Gen Stat, Se. 115C- 274 shall be conlusively considered waived by the Superintendent. |. GOALS AND OBJECTIVES: During the tom of this Contact, the Superinendent shall prepare a draft of his goal and objective forthe upcoming year. The Board and Randolph H atime, Sr. shall meet on o before August 1 ofeach year to evi the daft and exabish the Superintendent's goals and objectives for the epcoming. school year. Said gos and objestves shall be redced to writin, established by te reaaiton ofthe Bord andl sal be among the cir by which Randolph H.Latimere, Se. i evaluned pursunt to Paragraph 15 teri, EVALUATION: During the tem of his appointment as Superintendent, the Boerd shall provide Randolph H. Latimore, Sr. wih an annual evaluation of his perfomance of his dues ‘8 Superintendent by & method and parmant tow schedule to be deteined by the Boardster conslor with the Superintendent The Superitendet shal prepare a repor of his sceamplishmensio esting the goals and objectives in Paragraph 14 herein. The Board shall conser this report at a part of the evaluation A confidential, writen record of each evaluation shall be maintained ithe files ofthe Bosrd, The Board ils soe discretion may award s bons of no more thn $10,000.00 pe year to the Superintendent depending onthe raul ofthe evan, 16, REPRESENTATIONS AND WARANTIES: Randolph H. Latimore, Sr. represents and ‘warans that he hes never been discharged fram any prior employment for eauee; been comvited of ciminal offense (ther than a minor wae violation); had seivi judgment rendered amtinst hm: or commited any offense fo which he was Table for discharge for nus, as that tam is defined pursuant to N. C. Gea. Sid. Sec. 11SC-274 and L1SC- 325(eK). Breath ofthis representation and warranty shall eonstnte grounds fr discharge ‘or cause pursuant Paragraph 11 shove 17 APPROVAL BY STATE SUPERINTENDENT AND STATE BOARD OF EDUCATION, “The eppoininentof Randolph H. Lalimor, Sr. as Superintendent i subject tothe approval of the Sat Superinendent of Puli Israction and Sate Board of Easton, pursuant N.C. Gen, Stat. See115C-271 If the appointment of Randolph H. Latimer, Se. a8 Superintendent {sol approved hs Conta sl ard voi 18. MISCELLANEOUS: | The Contact may b executed in several counterparts, ach ef which shall be deemed tebe an rgina! and which ogether shall consti one end he same inseument '. Allheadngs herein ar inserted fr conveionc ony. 1 Any excipton or madifistions to the Conzact shall be only by mul writen concent ofthe pris. {4 This Conrac shall be govemed and interpreted by the In aud statues of the State "North Caroine This Contact is subject to any amendment, repeal, or ensconent of applicable provision inthe Noth Caroline General States, U aring the term ofthe Contract, itis found that spies herein is egal oe tnenforetable under Federal or North Carolina law, the reminder ofthe Contract thal ot be deemed affected thereby and sal remain ofc. 1 This Contract contains the ene agreement and undectanding of the parties regaring the employment of Randolph H. Latimore, Sr. by the Board and his sppoinoment to fil tic Office of te Superintendent forth Hyde County Board of Edocation19, ENFORCEMENT OF CONTRACT: In the event tat tbe Superintendent must hie an Mtoey inorder to efor provisions ofthis contrac, ressonble storey fees incured by the Superintendent shall be reimbursed by the Boar. n the event that the Board seeks discharge under Paragraph Iherin, the Boor shll reimburse reasonable storey foes incur by the Suprintndont if the Board detenioas tat grounds for he dacharge donot ‘exist o ifthe charms ae dropped by the Board at some point during the proses intated pursuant Paragraph 11, orf ere isan appeal to a cout of fw tha detrines thatthe ‘charge cannot be legllysetaned. ‘THIS CONTRACT WAS APPROVED BY THE HYDE COUNTY BOARD OF EDUCATION ‘THE _isi_DAY OF November 2011. IN TESTIMONY WHEREOF, the Hyde County Board of Education has cauted this document 1 be signed init nae by its Chaimnan and Randolph H. Ltimore, Sr secant set his hand the day and {ea frat above writen. HYDE COUNTY BOARD OF EDUCATION (Board of Eduction) By; Randolph H.Laimore, (Employes)