FIRST SCHOOLS Disclosure
Reimbursements Received by the Superintendent and Board Members for Fiscal Year 2006
| For the Twelve-month Period Ended August 31, 2006 | Superintendent | Board Member 1 | Board Member 2 |
| Description of Reimbursements | |||
| Meals | $650.03 | $108.00 | $108.00 |
| Lodging | 1712.29 | 202.29 | 202.29 |
| Transportation | 252.49 | ||
| Motor Fuel | 854.22 | ||
| Other | 227.15 | ||
| Total | $3696.18 | 310.29 | 310.29 |
Note-The spirit of the rule is to capture all "reimbursements" for fiscal year 2006, regardless of the manner of payment, including direct pay, credit card, cash, and purchase order. Reimbursements to be reported per category include:
Meals- Meals consumed off of the school district's premises, and in-district meals at area restaurants (excludes catered meals for board meeting).
Lodging- Hotel charges.
Transportation-Airfare, car rental (can include fuel on rental), taxis, mileage reimbursements, leased cars, parking and tolls.
Motor fuel-Gasoline.
Other-Registration fees, telephone/cell phone, internet service, fax machine, and other reimbursements (or on-behalf of) to the superintendent and board member not defined above.
THE STATE OF
< KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT is made and entered into this, the 17th day
of April 2007, by and between the
WITNESSETH:
NOW, THEREFORE, the Board and the Superintendent, for and in consideration of the terms hereinafter established and pursuant to Section 11.201 of the Texas Education Code, have agreed, and do hereby agree, as follows:
I. Term
1.1
The Board, by and on behalf of the District, does hereby employ the
Superintendent, and the Superintendent does hereby accept employment as
Superintendent of Schools for the District for a term of 2 (two) years,
commencing on
1.2 The Board has not adopted any policy, rule, regulation, law, or practice providing for tenure. No right of tenure is created by this Contract. No property interest, express or implied, is created in continued employment beyond the Contract term.
II. Employment
2.1 Duties. The Superintendent is the chief executive of the District and shall faithfully perform the duties of the Superintendent of Schools for the District as prescribed in the job description and as may be lawfully assigned by the Board, and shall comply with all lawful Board directives, state and federal law, district policy, rules, and regulations as they exist or may hereafter be amended. Specifically, it shall be the duty of the Superintendent to recommend for employment all professional employees of the District subject to the Board’s approval. It shall be the further duty of the Superintendent to employ all other personnel consistent with the Board’s policies. It shall be the further duty of the Superintendent to direct, assign, reassign, and oversee the evaluation of all of the employees of the District consistent with Board policies and federal and state law. It shall be the further duty of the Superintendent to organize, reorganize, and arrange the staff of the District, and to develop and establish administrative regulations, rules, and procedures which the Superintendent deems necessary for the efficient and effective operation of the District consistent with the Board's lawful directives, the Board's policies, and state and federal law. It shall be the further duty of the Superintendent to accept all resignations of employees of the District consistent with the Board's policies, except the Superintendent's resignation, which must be accepted by the Board. The Superintendent shall perform the duties of the Superintendent of Schools for the District with reasonable care, diligence, skill, and expertise.
2.2 Professional Certification. The Superintendent shall at all times during the term of this Contract, and any renewal or extension thereof, hold and maintain a valid certificate required of a superintendent by the State of Texas and issued by the State Board for Educator Certification and any other certificates required by law.
2.3 Reassignment. The Superintendent cannot be reassigned from the position of Superintendent to another position without the Superintendent’s express written consent.
2.4 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 for purposes of resolving conflicts between individual Board members, or when the Board is acting in its capacity as a tribunal. In the event of illness or Board-approved absence, the Superintendent’s designee shall attend such meetings.
2.5 Criticisms, Complaints, and Suggestions. The Board, individually and collectively, shall refer all substantive criticisms, complaints, and suggestions called to the Board’s attention to the Superintendent for study and appropriate action, and the Superintendent shall investigate such matters and inform the Board of the results of such efforts.
2.6 Indemnification. The Board contracts that the District shall defend, hold harmless and indemnify the Superintendent from any and all demands, claims, suits, actions, judgments, expenses and attorney’s fees incurred in any legal proceedings brought against the Superintendent in his individual capacity or in his official capacity providing the incident(s) which is (are) the basis of any claim or lawsuit arose while the Superintendent was acting within the course and scope of his employment with the District. The District shall provide insurance coverage to protect the Superintendent as set forth herein. The District’s obligation to indemnify, defend and hold the Superintendent harmless under this paragraph survives the termination of this Contract.
III. Compensation
3.1 Salary. The District shall provide the Superintendent with an annual salary in the sum of Eighty-Five Thousand Dollars ($87,000.00). This annual salary rate shall be paid to the Superintendent in equal installments consistent with the Board’s policies.
3.2 Salary Adjustments. At any time during the term of this Contract, the Board may, in its discretion, review and adjust the salary of the Superintendent, but in no event shall the Superintendent be paid less than the salary set forth pursuant to Section 3.1 of this Contract except by mutual agreement of the two parties. Such adjustments, if any, shall be made pursuant to a lawful Board resolution. In such event, the parties agree to provide their best efforts and reasonable cooperation to execute a new contract incorporating the adjusted salary.
3.3 Other Benefits. (See Appendix B.)
IV. Annual Performance Goals
4.1 Development of 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 and shall be among the criteria on which the Superintendent’s performance is reviewed and evaluated.
V. Review of Performance
5.1 Time and Basis of Evaluation. The Board shall evaluate and assess in writing the performance of the Superintendent in January of each year during the term of this Contract (“Superintendent’s Evaluation”). The Superintendent’s evaluation instrument and process shall be developed and/or revised with input from the Superintendent and shall be reasonably related to the duties of the Superintendent as outlined in the Superintendent’s job description.
5.2 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.
5.3 Evaluation Format and Procedures. The evaluation format and procedure shall be in accordance with the evaluation instrument selected by the Board in accordance with Article V of this Contract, the Board’s policies, and state and federal law. In the event the Board deems that the evaluation instrument, format and/or procedure is to be modified by the Board and such modifications would require new or different performance expectations, the Superintendent shall be provided a reasonable period of time to demonstrate such expected performance before being evaluated.
VI. Renewal or Nonrenewal of Employment Contract
6.1 Renewal/Nonrenewal.
Renewal or nonrenewal shall be in accordance with Board policy and applicable law. Notwithstanding anything to the contrary in Section 21.212(a) of the Texas Education Code, the Superintendent shall be entitled to written notice, containing reasonable notice of the reason for the proposed nonrenewal, not later than 120 days before the last day of the contract term, containing reasonable notice of the reason(s) for the proposed nonrenewal of the Superintendent’s Contract with the District.
VII. Termination of Employment Contract
7.1 Mutual Agreement. This Contract shall be terminated by the mutual agreement of the Superintendent and the Board in writing, upon such terms and conditions as may be mutually agreed upon.
7.2 Retirement or Death. This Contract shall be terminated upon the retirement or death of the Superintendent.
7.3 Dismissal for Good Cause. The Board may dismiss the Superintendent during the term of the contract for good cause. The term “good cause” is defined as follows:
(a) Failure to fulfill duties or responsibilities as set forth under the terms and conditions of this Contract;
(b) Incompetence or inefficiency in the performance of required or assigned duties as documented by evaluations, supplemental memoranda, or other written communication from the Board; provided, however, the terms and conditions of this paragraph shall not justify good cause unless the Board has provided the Superintendent a reasonable opportunity to remediate any incompetency or inefficiency;
(c) Insubordination or failure to comply with lawful written Board directives;
(d) Failure to comply with the Board’s policies or the District’s administrative regulations;
(e) Neglect of duties;
(f) Drunkenness or excessive use of alcoholic beverages;
(g) Illegal use of drugs, hallucinogens, or other substances regulated by the Texas Controlled Substances Act;
(h) Conviction of a felony or crime involving moral turpitude;
(i) Failure to meet the District’s standards of professional conduct;
(j) Failure to comply with reasonable District professional development requirements regarding advanced course work or professional development;
(k) Disability, not otherwise protected by law, which impairs performance of the required duties of the Superintendent;
(l) Immorality, which is conduct the Board determines is not in conformity with the accepted moral standards of the community encompassed by the District. Immorality is not confined to sexual matters, but includes conduct inconsistent with rectitude or indicative of corruption, indecency, or depravity;
(m) Assault on an employee or student;
(n) Knowingly falsifying records or documents related to the District’s activities;
(o) Conscious misrepresentation of facts to the Board or other District officials in the conduct of the District’s business;
(p) Failure to fulfill requirements for superintendent certification;
(q) Failure to fulfill the requirements of a deficiency plan under an Emergency Permit; or
(r)
Any other reason constituting “good cause” under
7.4 Termination Procedure. In the event that the Board terminates this Contract for “good cause,” the Superintendent shall be afforded all the rights as set forth in the Board’s policies, and state and federal law.
VIII. Miscellaneous
8.1
Controlling Law. This
Contract shall be governed by the laws of the State of
8.2 Complete Agreement. This Contract embodies the entire agreement between the parties hereto and cannot be varied except by written agreement of the undersigned parties, except as expressly provided herein.
8.3 Conflicts. In the event of any conflict between the terms, conditions, and provisions of this Employment 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.
8.4 Savings Clause. In the event any one or more of the provisions contained in this Contract shall, for any reason, be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. All existing agreements and contracts, both verbal and written, between the parties hereto regarding the employment of the Superintendent have been superseded by this Contract, and this Contract constitutes the entire agreement between the parties unless amended pursuant to the terms of this Contract.
8.5
8.6
Acceptance. This offer will
expire unless signed and returned to the Board or its authorized representative
by
MUNDAY
CONSOLIDATED
ATTEST:
By:
Secretary,
By:
President,
By:
Superintendent of Schools
Date
Appendix B
Benefit Options to
Superintendent’s Employment Contract
Expense Benefit Options
The District shall pay or 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. 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. A standard per diem of $36.00 for meals and $85.00 for lodging is used for business travel. If lodging cannot be obtained at the $85.00 rate, the District will pay the overage (within reason). Other reasonable business expenses shall be charged to a District credit card or reimbursed. The Superintendent shall comply with all procedures and documentation requirements in accordance with Board policies.
Annual Physical Examination
The District shall provide the Superintendent with an annual physical examination from the Dr. of his choice. A confidential copy of the results of such examinations will be provided to the Board. The District shall pay the costs of the physical examination(s) provided for herein.
Vacation Benefit Option
The Superintendent may take, at the Superintendent’s choice, subject to Board approval, ten (10) days of vacation per year during the term of this Contract. Vacation days taken by the Superintendent will be taken at such time or times as will least interfere with the performance of the Superintendent’s duties as set forth in this Contract.
Professional Growth Benefit Options
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 Board deem appropriate, to attend seminars, courses, meetings, or special events in accordance with the Board’s approval. The District shall pay or reimburse the Superintendent for reasonable expenses incurred.
Long Term or Permanent Disability Option
Event of Disability. Should the Superintendent be unable to perform any or all of the duties of his position by reason of illness or accident, following complete exhaustion of all accrued vacation, personal, or other leave, the Superintendent shall be placed on unpaid leave from the District upon a determination of Long Term or Permanent Disability as hereinafter provided; however, the Board, in its discretion, may continue to pay the Superintendent in an amount and for a period the Board deems appropriate.
Long Term or Permanent Disability. Long Term or Permanent Disability means a disability that renders the Superintendent incapable of performing any or all of the Superintendent’s duties or obligations of employment for a period that exceeds one hundred eighty (180) business days or an incapacity that is irreparable.
Determination of Disability. The determination of Long Term or Permanent Disability will be made by the Board based on a physical examination performed by a licensed physician selected by the Superintendent. The Board may obtain a second opinion from another licensed physician. The costs of the physical examination(s) provided for herein shall be paid by the District.
Action of the Board. In the event that the disability of the Superintendent is a Long Term or Permanent Disability as defined herein, the Board may, in its discretion, and upon a redetermination of disability, terminate this Contract by providing the Superintendent with written notice of such termination.