NORTH CAROLINA. 'ONTRACT OF EMPLOYMENT WASHINGTON COUNTY ‘THIS AGREEMENT, made ond entered into as of the [T*4 day of Seplomber , 2012 by and between The Washington County Board of Education, a body politic located in ‘Washington County, North Carolina (the “Board”, and Dr. Joe Davis (the “Superintendent”); WITNESSETH: THAT WHEREAS, the Board has determined that the Superintendent possesses the credentials, educational prerequisites, and experience requirements as provided for superintendents pursuant to Chapter 115C of the North Carolina General Statutes and as the State Board of Education has prescribed; and WHEREAS, in accordance with its action as found in the Minutes of its meeting of Sept. L 1742012, the Board wishes to employ Dr. Joe Davis as Superintendent of the Washington County Schools (“WCS”); WHEREAS, Dr. Joe Davis wishes to be Superintendent of the WCS and WHEREAS, Dr. Joe Davis and the Board have agreed to the terms and conditions of the Superintendent's employment, as provided in this Contract; NOW, THEREFORE, in consideration of the mutual terms, covenants, and conditions provided in this Contract, the Board and Dr. Joe Davis agree as follows:Contract of Employment Page 2 1, Employment Term. ‘The Board and the Superintendent agree that the Superintendent shall be employed by the Board for e period beginning September /7**, 2012 and ending June 30, 2016 (“Term”), At any time after June 30, 2013, the Board and the Superintendent mutually may extend the Term. Notwithstanding anything to the conttary in this Contract, should the Superintendent receive a “satisfactory evaluation,” such term being defined yearly by the Superintendent and the Board during the creation of the evaluation process for the year in which the Superintendent is to be evaluated, or should the Superintendent not receive a formal evaluation cither daring any year of the Term or by such other date mutually agreed upon between the Board and the Superintendent, the Boatd agrees to consider extending Contract under the same terms and conditions for an additional year, provided that no extension shall have the effect of contravening the provisions of N.C. Gen, Stat. 115C-271(0). 2, Certification, ‘The Superintendent shall furnish and hold throughout his employment as Superintendent a valid and appropriate cestificate to act as Supetintendent as preseribed by the laws of North. Carolina and by the regulations ofthe North Carolina State Board of Education, 3, Duties and Responsibilities, In accordance with applicable state law, the Superintendent shall be the chief education officer of the WCS and shall serve as secretary to the Board. In particular, the Superintendent shall; have charge of the administration of the schools, staff, students end facilities under the policy direction of the Board; institute reforms and systemic changes, such as curriculum and program offerings, as the Superintendent finds necessary and expedient in order to affeot positiveContract of Employment Page changes in WCS; direct, assign and reassign teachors and other employees of the schools under his supervision, organize, reorganize, and atrange the administrative and supervisory staff, including instruction and business affairs, as best serve the WCS; select all personnel subject to the approval of the Board; have the authority to accept resignations of personnel for and on behalf of the Boatd; recommend policies to the Board and draft, implement and reasonably interpret policies, regulations, rules, and procedures as necessary for the well ordering of the son between the WCS and the community and assume responsibility for WCS; act as a cultivating @ positive relationship between the schools and the community; establish and implement a process for ¢ommunicating with the Board all relevant developments, initiatives and issues; attend all Board mectings except where the Superintendent's exclusion is permitted by state Iaw; make recommendations on each item of business considered by the Board in its ‘meetings; and in general perform all duties incident to the office of the Superintendent and such other duties as may be prescribed by law or by the Board from time to time, This is a Contract for the performance of professional services as superintendent by the Superintendent, who shall not be assigned to any other position or have his duties reassigned to others, 4, Board/Superintendent Communications By October 31, 2012, the Superintendent and the Board shall meet to develop a process and procedures by which. they will communicate. In addition, the Board shall provide the Superintendent periodic opportunities to discuss Supetintendent/Board relations and expectations.Contract of Employment Page 4 “The Board, individually and collectively, will refer promptly to the Supetintendent, orally or in writing, for his study and recommendation all criticisms, complaints, and suggestions regarding the Superintendent's performance of his duties, and criticism, “complaints and suggestions regarding the WCS, its employees and students for study and recommendation, Individual Board membeis, unless specifically authorized by official ection of the Board, shall not give direction to the Superintendent or any WCS employee for whom the Superintendent is accountable regarding the management of WCS of the solution of specific problems, ‘The Superintendent shall be copied on all communications sont or forwarded by an individual Board member to the other five Board members. ‘To the extent allowed by North Carolina law, this provision shall not apply to communications of the Board regarding the ‘evaluation of the Superintendent of personal relationships or dynamics of the Board. 5. Compensation a, Annual Base Salary. ‘The annual base salary of the Superintendent shall be One Hundred Twenty-Five Thousand Dollars and 00/100 ($125,000.00) per fiscal year, less applicable withholdings as required by law. This amount shall be paid to the Superintendent in equal monthly installments, Funding for the annual base salary shall bbe comprised of state funding, as set forth by North Catolina law and local funding allocated by the Board, ‘The parties agree that the annual baso salary may be reviewed annually and may be increased by the Board. In addition, during the Term of this Contract, the Superintendent may receive any salary increases awarded by the State of North Carolina after June 30, 2013. In no event, shall the annual base salary of theContract of Fruployment Page 5 ‘Superintendent bé decreased at any time below the initial amount stated in this Contract or any subsequent increase in the annual base salary. Additionally, the Superintendent will be entitled to Two Hundred Fifty-Three Dollars ($253.00) per month for an advance Superintendent certification based on his cated Doctorate, The funding for this supplement will be provided directly from State funds. b. Discretionary Performance Compensation, In addition to the annual base salary, the Board shall determine whether to pay the Superintendent discretionary performance compensation based on progress toward and schievement of annual measurable goals as part of his annual performance evaluation pursuant to paragraph 6 of this Contract. By October 31, 2012, the Board and the Superintendent will meet to discuss and agree on annual measurable goals for the 2012-13 school year. In subsequent years of this Contract, the Board and the Superintendent shall meet to discuss and agree on the annual ‘measurable goals for the applicable school year not later than September 30. ‘The goals shall be based in part on the Board’s priorities of student achievement, school safety, and community collaboration, Based on the Superintendent’s performance evaluation pursuant to paragraph 6 of this Contract, the Superintendent shall be eligible for performance compensation of up to Six Thousand Dollars (86,000) for each year of this ‘Contract, ©. Performance-based Supplement. The Superintendent also shall be eligible to participate in any performance-based supplement program adopted by the Board,‘Contract of Employment Page 6 6. Performance Evaluation. Prior to October 31 of each year of this Contract, the Board and the Superintendent stall agree on a form and process for the Board to evaluate the Superintendent, Using the agreed- upon form, the Superintendent, prior to his evaluation, shall provide the Board a written’self- appraisal of accomplishments and attainment of agreed-upon goals. ‘The Superintendent shall provide his self-appraisal to the Board no later than May of each year of this Contract, After the Board receives the Superintendent's self-appraisal, the Board and the Superintendent shall met in no later than May 15 to discuss the Superintendent's selfappraisal and the Board's evaluation of the Supetintendent based on the agreed-upon form, Based on these discussions, the Board Chair shall complete the evaluation form on behelf of the Board. By June 30 of each yeat of this Contrect, the Board shall provide the Superintendent with « copy of the completed form. ‘The ‘Superintendent shall have the right to respond to the Board’s written evaluation either orally or in writing, 7. Travel Allowances. ‘The Board expects that the Superintendent will travel throughout the WCS as part of his duties and responsibilities, As a result, the Board shall provide an automobile to assist the Superintendent in travelling throughout the WCS. The Board agrees that the WCS will be responsible for maintenance and upkeep of the vehicle, maintaining insurance on the vehicle, and providing fuel for the vehicle provided to the Superintendent pursuant to this section, In addition, the Superintendent shall be fally reimbursed by the Board for other travel- related expenses reasonably and actually incurred by him on official business. TheContact of ployment Page? Superintendent shall fle itemized expense statements for approval by the Chair of the Board for the reimbursement of these expenses, and such approved expenses shall be paid from the current operating funds of the. Washington County Schools, 8. Administrative and Technology Support, ‘The Board shall provide the Superintendent with such fecilities, equipment, supplies and clerical assistance as appropriate to the Superintendent’s position and as necessary for the adequate performance of the Superintendent's duties, In addition, the Board shall provide to the ‘Superintendent at Board expense a laptop, iPhone and iPad, including monthly charges for use of such technology, to assist the Superintendent in the performance of his duties and responsibilities, both on-site and offsite, 9. Annual Physical, ‘The Superintendent shall undergo a medical examination necessary to complete and provide the Board an employs health certficato, as required pursuent to the terns of N.C. Gen Stat 1150-323 and the Board agrees fo reimburse the Superintendent for the cost of the medical examination, 10, Professional Development. “The Board encourages the continuing professional growth of the Superintendent through his participation in and attendance of: ‘A. The meeting, programs and other activities conducted or sponsored by local, state and national school administrator and school board associations;Contract of Employment Page 8 B, Seminars and courses offered by public or private educational institutions; and C. Meetings of the State Superintendent, State Department of Public Instruction, and other persons whose pattioular skills, knowledge, information or, background ‘would serve to improve the capacity of the Superintendent to perform his duties for the Washington County Schools. In its encouragement of these professional growth activities, the Board shall permit a reasonable amount of release time for the Superintendent, as appropriate, to attend such activities and shall pay in advance or reimburse him for his registration fees, travel and subsistence expenses, subject to the approval of the Board Chair (which approval shall not be unreasonably withheld), The Board shall pay the Superintendent's professional dues to the American Association of School Administrators, the North Carolina Association of School Administrators, and one local civic organization of the Superintendent's choice. ‘The Superintendent shall file itemized expense statements withthe Finance Officer ofthe Board and shall provide a copy of ‘the expense statements to the Board Chair. Further, the Superintendent agrees to inform the Board Chair in advance of any proposed meetings he plans to attend on the state or national level. : While the Superintendent shall devote his time, attention and energy to the business of the WCS, he may, with or without honorarium, serve as a consultant to other school systems ot educational agencies, lecture, engage in writing activites and speaking engagements, and engage in other activities witich are of a short-term duration, at his disoretion, with the understanding that such outside activities shall not adversely affect the Washington County Schools or theContract of Employment Page 9 performance of his duties as Superintendent. Such activities which require the Superintendent to be absent from the Washington County Schools for more than three (3) consecutive work days shall be submitted to the Board Chair for prior approval. The Superintendent may, at his option, continue to draw his salary while engaged in the outside activities described herein. In such cases, any honoraria paid to the Superintendent in connection with these activities shall be transferred to the Weshington County Schools. If the Superintendent elects to use vacation leave to perform these activities, he shall be entitled to retain any honoraria paid to him. In no case shall the Board be responsible for any expenses incurred by the Superintendent in the performance of these activities. 11. Other Expenses. ‘The Board recognizes that the Superintendent shall ineur such expenses from time to time as the Board’s representative in the pursuit of educational excellence, provide funding and grants and for other business reasons, Accordingly, the Superintendent, upon itemized expense statements and youchers to the Finance Officer by the Superintendent and upon approval of the Board Chair (which approval will not be withheld unreasonably), the Board shall pay or reimburse the Superintendent for all normal business expenses reasonably and actually ineured, Such reimbursements or payments shall be made in accordance with the terms of applicable Board policies, regulations and procedures. 12, Vacation and Other Benefits. ‘The Superintendent shall be entitled to all the benefits applicable to 12-month administrative certificate employees, In addition, the Superintendent shall receive the following benefits:Contract of Emptoymeat Page 10 a b Annual Vacation Leave, Sick Leave and Holidays, During the Term of this Contract, the Superintendent shall accrue annual vacation leave, sick leave and authorized holidays, as provided by North Carolina law, North Carolina State Board of Education regulations and applicable Board policies and regulations, The Superintendent shall take annual vacation leave, sick leave and authorized holidays in accordance with Board policy and regulations and State Board of Education regulations, The Superintendent may catty forward vacation and sick leave as provided by North Carolina law, North Carolina State Board of Education regulations and applicablé Board policies and regulations. In addition, payment, if any, for any accrued and uiused annual vacation leave at the time of the Superintendent's soparation fiom employment with the Board shall be made in accordance with Board policy and regulations and State Board of Education regulations. ‘Additional Local Paid Leave, The Board recognizes that the Superintendent will provide services for WCS ‘amounting to many hours of additional time above and beyond those contemplated under this Contract. Therefore, during each fiscal year during the Term of this Contract, the Superintendent shall accrue and be eligible to take ten (10) days of additional Jocal paid anual leave ench year. The Superintendent shall take any such leave prior to using any accrued, unused annual leave days. Furthermore, any such additional local paid leave that is not used during the fiscal year in which it is earned shall be automatically forfeited and may not be accumulated or carried over to the following fiscal year nor shall it be subject to anyContract of Employment Page 11 payment by the Board or otherwise at the time of the Superintendent's separation from employment with the Board for whatever the reeson, ©. Medical/Dental/Vision Insurance, During the Tetm of this Contract, the Board shall pay the full premium costs for medical, dental and vision insurance coverage for the Superintendent and his eligible dependents for any plan approved for 12-month administrative cottficate employees, 4. Life Insurance Premium, During the Term of this Contract, the Board shall pay the Superintendent Five Hundred Dollars ($500) per year to assist the Superintendent in satisfying the premium of a life insurance policy. 13, Disability, Should the Superintendent become permanently physical or mentally incapable of performing his duties, with or without accommodations, should such disability exist for a period of more than one hundred (120) days beyond that period of time which the Superintendent would have been entitled to take sick leave or vacation leave, or both, the Board may terminate this Contract, subject to applicable provisions of state and federal law regarding handicapping conditions and disabilities. If this Contract is terminated pursuant to this paragraph, the Board shall cooperate fully with the Superintendent in applying for applicable disability benefits. 14. Termination, ‘This Contract may be terminated for one of the following: a, Termination by Mutual Agreement. This Contract may be terminated by mutual agreement of the Superintendent and the Board in writing upon such terms and conditions as may be mutually agreed upon.Contract of Employment Page 12 b, Termination without Cause by the Board. ‘The Board may, at its option, unilaterally terminate this Contract without cause upon an affirmative vote of a majority of the full Board at a regular or special meeting of the Boaud by giving the Superintendent eral termination, The Board shall provide the Superintendent with notice of u ninety (90) days advance written notice of such termination. In the event of such termination, in addition to any remaining salary, reimbursements, accrued leave and benefits or other payments due and owing under the terms of this Contract, the Board shall pay the Suporintendent twelve (12) months of his current annual base salary and twelve (12) months of health vision and dental insurance coverage, c. Tetmination by the Superintendent. ‘The Superintendent may terminate this Contract by providing the Board with a minimum of ninety (90) days advance writing notice of his intent to terminate this Contract, Ifthe Superintendent unilaterally terminates this Contract, he shall be entitled to any salary, reimbursements, accrued leave and benefits or other payment due and owing undor this Contract through the date of tecmination, 4. Termination for Just Cause. The Board may terminate this Contract for Just Cause, For purposes of this Contract, Just Cause is defined as (commission or omission of fraud, embezzlement, theft, misappropriation, bteach of fiduciary duty or gross neglect of job duties by the Superintendent pursuant to paragraph 3 of this Contract; any conviction, guilty plea or plea of nolo contender by the Superintendent for any crime of moral turpitude or for any felony; (3) use of illegal drugs or violation of the Board's drug or alcohol policies; (4) material breach of this Contract. In the event ofContract of Employment Page 13 the Board’s proposed termination of the Superintendent for Just Cause, the Superintendent shall have the right to ten (10) days advance written notice of the grounds for dismissal and of the date of the heating. In addition, the Superintendent is entitled to a fair and impartial hearing before the Board on the sufficiency of the grounds and a written final decision of the Board. At any such hearing before the Board, the Superintendent shall have the right to be present and to be heard, to be represented by counsel, and to produce testimonial and documentary evidence relevant to the issue. A transcript of the record of the proceedings before the Board shall be made available without charge to the Superintendent in the event that he takes an appeal from any action taken by the Board. If the Superintendent chooses to tbe accompanied by legal counsel at the hearing before the Board, he will assume the cost of his legal representation, 15. Relocation. Upon approval by the Board Chait, the Board shall pay the reasonable moving expenses related to the relocation of the Superintendent and his immediate family members and the reasonable costs for temporary housing for the Superintendent for a period not to exceed thirty (30) days. Superintendent shall obtain three (3) written estimates for such moving expenses and shall select and employ the lowest estimate, 16. Indemnification, ‘To the fullest extent allowed by law, the Board agrees that it shall defend, hold harmless and indemnify the Superintendent from any and all demands, claims, suits, actions and legalContract af Employment Page Id proceedings brought against him in his individual capacity or in his official capacity as agent and employee of the Board, provided the incident giving rise to any such demands, claims, suits, actions or legal proceedings arose while the Superintendent was acting within the course and scope of his employment; and provided further that such liability coverage is within the authority of the Board to provide under state law. In no case will individual Board members be considered personally liable for indemnifying the Superintendent against such demands, claims, suits, actions and legal proceedings. 17. Conflict of Interest Prohibited. ‘The Superintendent acknowledges that he has read and understands the conflict of interest statutes of the State of North Carolina and agrees to comply with the statutes and any other State laws or Board policies relating to conflicts of interest, 18. Tax Liability. The Board will assume no liability for any tax consequences should any such consequences occur to the Superintendent as a result of the Contract. For example, in the event that tax lability results to the Superintendent from the inclusion costs of benefits or allowances provided in the Contract, no reimbursement to the Superintendent will be made by the Board, 19. Savings Clause, If, during the term of this Contract, it is found that a specific clause in the Contract is illegal under Federal or State law the remainder of the Contact not affected by such ruling shall remain in full force and effect,Contract of Employment Page 15 20, Applicable Law. This contract shall be governed by and enforced in accordance with the laws of the State of North Carolina, 21, Binding Effect. ‘The parties shall fulfill all aspects of this Contract, any excepiion thereto being by mutual vwaitten consent of the Board and the Superintendent, It shall inure to the benefit of, and be binding upon, the parties hereto, their heits, successors, and assigns. 22, Amendment, ‘This Contract may be amended during its term by the mutual weiften consent of the Board and the Superintendent, Any such amendment shall be in writing and approved by official action of the Board end accepted in writing by the Cheitman of the Board and the Superintendent. 23, Hiling. A copy of this Contract shall be filed with the Superintendent of Public Instruction in North Carolina, 24, Partial Invalidity. The invalidity of one or more phrases, sentences, clauses, sections or paragraphs contained in this Contract shall not affect the remaining portions, so long as the material purposes of this Contract can be determined and effectuated,Contract of Employment Page 16 26, — Entire Agreement, ‘The parties hereto, agree that this instrument contains the entire agreement between them as of this date, and that this Contract has not been induced by either party by any representations, promises or undertakings not expressed herein, and that there are not collateral agreements, stipulations, promises or understandings whatsoever by the respective parties in any way affecting the subject matter of this Contract which are not expressly contained in’ this instruments, IN TESTIMONY WHEREOF, the Board has approved this Contract and caused this instrument to be executed in its name by its Chair, and duly aitested fo and sealed, all by order and resolution of the Board, and Dr, Joe Davis has eccepted this Contract and has hereunto set ‘is hand and seal this day and year first above written. WASHINGTON COUNTY BOARD OF EDUCATION Official Seal SUPERINTENDENT By: Bit foe. Pi eee Dr. Joe Davis