Employment Agreement. between the. Board of School Trustees. of the. Avon Community Schools. Dr. Margaret E. Hoernemann. for the period from AVON

Transcription

1 Employment Agreement between the Board of School Trustees of the Avon Community Schools Dr. Margaret E. Hoernemann for the period from March 21, 2012 to June 30, 2015 AVON COMMUNITY SCHOOL CORPORATION 7203 East US Highway 36, Avon, Indiana (317) Document Control # _3 2 Pae

2 Employment Agreement This Agreement supplements the Regular Teacher Contract employing DR. MARGARET E. HOERNEMANN as the Superintendent of the Avon Community Schools by the BOARD OF SCHOOL TRUSTEES of the AVON COMMUNITY SCHOOL CORPORATION. It is entered into by mutual consent of the parties in the marmer permitted by Ind. Code (3). In doing so, it replaces all prior contracts between these parties. 1. PAR I ILS TO THIS AGREEMENT AND DEFINITION OF TERMS. The parties to this Agreement are the "SUPERINTENDENT" meaning DR. MARGARET E. HOERNEMANN; and the "BOARD" meaning the BOARD OF SCHOOL TRUSTEES of the AVON COMMUNITY SCHOOL CORPORATION. As used in this Agreement, "SCHOOL YEAR" means a continuous period of twelve (12) months beginning on July 1 and ending on June 30 of the following calendar year; and "CALENDAR YEAR" means a continuous period of twelve (12) months beginning on January 1 and ending on December 31 of the same calendar year. 2. EMPLOYMENT OF SUPERINTENDENT AND LENGTH OF THIS AGREEMENT. A. EMPLOYMENT OF THE SUPERINTENDENT & LENGTH OF THIS AGREEMENT. The Board agrees to employ the Superintendent and the Superintendent agrees to be employed by the Board in a position titled "Superintendent." The Superintendent agrees that she is properly licensed by the Office of Educator Licensing and Development of the Indianan Department of Education for this position and that she will be required to maintain this license for the balance of her employment as Superintendent. The Superintendent shall serve as the chief executive officer of the Avon Community Schools subject to the terms of this Agreement for an initial term beginning on March 21, Rage

3 and concluding on June 30, 2015, unless extended or canceled pursuant to its terms or Indiana statute. The parties agree that the statute providing for the extension of this Agreement in the final year, specifically Ind. Code , shall not apply to this Agreement. In place of this statute, the parties agree that the length of this Agreement shall be extended by one school year (July 1 to the following June SO) on the first day of each school year, i.e. July 1, unless a party gives the other written notice on or before the preceding March 1 that the party objects to the extension of the length of this Agreement pursuant to this Sub-Paragraph. The delivery of written notice of objection to the extension of the length of this Agreement pursuant to this Sub-Paragraph shall not prevent the parties from agreeing to an extension of this Agreement in a written amendment to this Agreement after March 1. Upon extension of this Agreement pursuant to this Sub-Paragraph, all provisions other than the length of this Agreement shall remain the same unless the parties specifically agree in writing to additional modifications to this Agreement. B. SUPERINTENDENT'S WORKING DAYS & VACATION LEAVE IN EACH SCHOOL YEAR. The parties agree that the Superintendent shall provide services pursuant to this Agreement on two hundred and sixty (260) working days during each calendar year. These working days shall include thirty (30) days of paid vacation leave in each calendar year. The Superintendent's vacation leave earned as Associate Superintendent to March 21, 2012 and a prorated portion of her vacation leave as Superintendent for the period from March 21, 2012 to January 1, 2013 shall be added together to constitute her vacation leave for calendar year On January 1, 2013 and each January 1 thereafter, the Superintendent shall be credited with thirty (30) vacation leave days. Wage

4 The Superintendent's two hundred and thirty (230) working days (260 days minus 30 days of paid vacation leave in each calendar year) shall also include all holidays and paid leave days recognized by the Board. The Superintendent's calendar of work days shall be organized so as to insure the Superintendent's presence at key events such as budget preparation and adoption and student testing, as well as the full and competent performance of the duties established in Paragraph Three (3) of this Agreement. The Superintendent's vacation leave shall vest as described in this Sub-Paragraph and shall not accumulate or carry-over for use in future calendar years. However, the Superintendent shall have the option to sell five (5) days of accrued but unused vacation leave each calendar year at a per diem rate which is the basic salary paid pursuant to Sub-Paragraph +(A.) of this Agreement divided by 260 or Five Hundred and Seventy-Six Dollars and Ninety Two Cents ($576.92). With the exception of the option to sell back five (5) days of accrued but unused vacation leave each calendar year, accrued but unused vacation leave days that are unused by the Superintendent on December 31 of each calendar year shall be lost. C. Superintendent's Evaluation. The parties agree that the Superintendent is a "certificated employee" as defined at Ind. Code and must therefore receive an annual evaluation pursuant to Ind. Code This evaluation shall be performed by the Board and shall result in a finding that the Superintendent's performance of the duties of her position has been "highly effective," "effective," Improvement necessary," "ineffective." 5!Page

5 3. DUTIES OF THE POSITION OF SUPERINTENDENT. A. The parties agree that the Superintendent shall have the duties stated in the job description for the position titled "Superintendent" which is incorporated here by reference: (hi.) The duties assumed by the Superintendent in this Agreement may be modified by the agreement of the parties. The duties established for the Superintendent by this Agreement are personal to the Superintendent and shall not be delegated by her except as specifically authorized by the Board. The position of Superintendent is a unique position in the Avon Community Schools and the Superintendent shall therefore not be transferred or reassigned by the Board to another position within the Avon Community Schools without her consent. C. The Superintendent agrees that the duties and responsibilities of the position of Superintendent require her best professional judgment and expertise, and therefore constitute full-time employment. The Superintendent therefore agrees that she will not accept outside employment, perform work as an independent contractor, or engage in any other business pursuit involving her personal services without the agreement of the Board. The Board recognizes that the Superintendent was teaching a college course at the time of her employment as Superintendent on March 21, 2012, and consents to the Superintendent's completion of that duty. 4. SUPERINTENDENT'S BASIC SALARY AND BENEFITS. In exchange for performing the duties of the position of Superintendent established by this Agreement and meeting the qualification standards for the position titled "Superintendent" established in Sub-Paragraph 3(A.) of this Agreement, the Board agrees that the Superintendent shall receive the following: A. SUPERINTENDENT'S BASIC SALARY. 6IPage

6 The Superintendent shall be paid an annual basic salary of One Hundred and Fifty Thousand Dollars ($150,000) as Basic Salary. Salary increases shall be considered by the Board following its evaluation of the Superintendent as a certificated employee pursuant to Sub- Paragraph 2(C.) of this Agreement. 71Page B. INSURANCE COVERAGE. (1.) GROUP HEALTH DENTAL & VISION INSURANCE COVERAGE WHILE ACTIVELY EMPLOYED. In each School Year the ACS shall pay the Superintendent additional basic salary in an amount which is the annual premium for the level of coverage for group health, dental, & vision insurance selected by the Superintendent. This added basic salary shall be reduced by an amount which is thirteen percent (13%) of the single participant premium for that coverage. The added basic salary shall be paid as wages unless the Superintendent executes a salary reduction agreement to direct the premium for the group coverage selected by her to be paid through a Section 125 Plan. In addition, except as otherwise expressly provided in this Agreement, the Superintendent shall be entitled to the benefits applicable to twelve-month certificated administrative employees of the ACS. If a benefit established by this Agreement is different from a benefit provided to twelve-month certificated administrative employees of the ACS, the benefit provided by this Agreement shall replace the benefit provided from any other source. (2.) CONTINUED COVERAGE OF SUPERINTENDENT & SPOUSE AFTER THE SUPERINTENDENT'S RETIREMENT. In compliance with Ind. Code (e) through (g), if the Superintendent has been employed by the Board for at least five (5) calendar years at the time of her retirement, and she is at least age fifty-five (55) at the time of her retirement, as "retirement" is defined in this Sub-Paragraph, from the date of the Superintendent's

7 retirement through the date she becomes eligible for Medicare coverage as prescribed by 42 U.S.C et. seq., the Superintendent and her spouse shall be entitled to continue to be covered by the group health, vision, and dental insurance provided to current administrative employees of the Board. The Superintendent shall be responsible for payment of the full premium for this post-retirement coverage. "Retirement" as used in this Sub-Paragraph shall mean resignation from the employ of the Board pursuant to this Agreement under conditions that qualify her for unreduced retirement benefits from the Indiana State Teachers Retirement Fund. (3.) TERM LIFE & LONG TERM DISABILITY INSURANCE COVERAGE. As additional compensation for the Superintendent's services pursuant to this Agreement, the Board shall pay an annual premium of Two Hundred and Seventy Dollars ($270.00) for a term life insurance policy with a death benefit of One Hundred and Fifty Thousand Dollars ($150,000.), and annual premium of Two Hundred and Thirty Dollars ($230.00) for long-term disability insurance provided pursuant to the Board's policy establishing benefits for its administrative personnel The Board's contribution to the total premium for term life insurance and disability insurance provided pursuant to this Sub-Paragraph shall be subject to the same proportionate adjustment applied to group health, dental, and vision insurance coverage costs pursuant to Sub-Paragraph 4(B)(4) immediately below this Sub-Paragraph. (4.) CHANGES IN INSURANCE COVERAGE. The Board agrees that it shall maintain the proportion of the premiums paid by the Board for the insurance coverage listed in Sub-Paragraph B (1) (Group Health Insurance), Sub-Paragraph B (3) (Term Life & Long Term Disability) to the total premium for this coverage in future years; and the Board shall not decrease the amount or scope of coverage provided to the Superintendent and her eligible dependents 8 Page

8 pursuant to this Sub-Paragraph without the written approval of the Superintendent. The Superintendent agrees that the selection of insurance carrier(s) providing the insurance coverage required by this Agreement shall be made by the Board. C. BOARD ASSUMPTION OF SUPERINTENDENT'S ISTRF EMPLOYEE CONTRIBUTION AND REPORTING OF ANNUAL COMPENSATION TO THE ISTRF. In addition to the other compensation provided to the Superintendent by Paragraph 4 of this Agreement, the Board shall make the "employee contribution" to the Indiana State Teachers' Retirement Fund ("ISTRF") that would otherwise be required to be paid by the Superintendent. All payments to the Superintendent corning within the definition of "annual compensation" as defined in Ind.Code (d) shall be included in the Superintendent's compensation reported to the Indiana State Teachers' Retirement Fund for purposes of the calculation of the Superintendent's "average of annual compensation" as defined at Ind.Code (b). D. Tax Sheltered Annuity as Deferred Compensation. On behalf of the Superintendent, the Board shall make an annual contribution of Nineteen Thousand Five Hundred Dollars ($19, ) to a Section 403(b) tax-sheltered annuity. However, if the Superintendent declines or fails to timely complete a salary reduction agreement directing that her basic salary shall be reduced so that this annual Section 403(b) plan contribution can be made, the amount for which no salary reduction agreement has been provided shall be paid to the Superintendent in cash, less applicable withholdings, at the end of any applicable calendar year. E. PERFORMANCE PAY. In each school year, the Board shall have the option to pay the Superintendent additional annual basic salary in an amount up to Ten Thousand Dollars ($10,000.00) based 9 IPag.e

9 upon the Superintendent's job performance. Authorization for payment of additional basic salary pursuant to this Sub-Paragraph shall require an affirmative vote of a majority of the Board. From any additional basic salary paid pursuant to this Sub-Paragraph, the Superintendent may elect to make salary reduction contributions to a cafeteria plan, taxsheltered annuity arrangement, and/or a deferred compensation arrangement. One or more legally sufficient salary reduction agreement documents shall be made available to the Superintendent by the Board to direct salary reductions pursuant to this Sub-Paragraph to implement the Superintendent's wishes. F. AUTO ALLOWANCE. The Superintendent shall not be provided with a vehicle to perform her duties as Superintendent and she shall not claim mileage from the Board for business use of an automobile. As compensation for her use of a personal vehicle in the performance of her duties defined in this Agreement, the Board shall pay the Superintendent an additional annual basic salary amount of Seven Thousand Eight Hundred Dollars ($ ). This amount shall be paid to the Superintendent in approximately equal installments less applicable withholdings with each pay check. The Superintendent shall be responsible for maintaining any records of contemporaneous use of her vehicle necessary for the Board to exclude this amount from the Superintendent's W- 2 taxable income. If sufficient documentation is not provided, the amount paid to the Superintendent pursuant to this Sub-Paragraph shall be reported as a portion of her "W-2 taxable income" for the tax year. G. BUSINESS AND PROFESSIONAL EXPENSES. The Board shall pay or reimburse the Superintendent for appropriate business and professional expenses. Appropriate expenses shall include the cost of institutional membership and participation in state and national professional associations of educational administrators, 101Page

10 and expenses related to the Superintendent's attendance at conferences and activities consistent with the Superintendent's professional development. The Superintendent agrees that she shall report to the Board on each activity, and share the information provided with the Board and its certificated and non-certificated staff if she feels the information is worthy of a report. The Superintendent shall submit a report to the Board summarizing these expenses during the month of July for the school year that ended on the preceding June.30. TECHNOLOGY ALLOWANCE. The Board shall provide the Superintendent with a computer, and the communications and technological resources necessary to perform her duties as Superintendent and pay the Superintendent annual Technology Allowance of Twelve Hundred Dollars ($ ). I. Automobile Allowance. The Board shall pay the Superintendent an annual Automobile Allowance as additional basic salary for her use of her private automobile in traveling in the performance of her duties as Superintendent. The annual Automobile Allowance shall be Seven Thousand Eight Hundred Dollars ($7,800.00). J. Board Contribution to a Section 401(a) Plan. The Board shall contribute Eight Percent (8%) of the Superintendent's Basic Salary paid pursuant to Sub-Paragraph 4(A) of this Agreement, plus the Group Health, Dental, & Vision additional basic salary paid pursuant to Sub-Paragraph 4(B) of this Agreement, and the additional basic salary paid as an Auto Allowance pursuant to Sub-Paragraph 4(F) of this Agreement to a Section 401(a) Plan. The parties agree that unless one of the three subparagraphs addressed in this Sub-paragraph is amended, the Board's contribution to a Section 401(a) plan for the Superintendent shall be Fourteen Thousand One Hundred and Eighty- Five Dollars and Sixty Cents ($14,185.60). 5. SUPERINTENDENT'S PRINCIPAL RESIDENCE. 11 IPage

11 Notwithstanding the right of the Superintendent established by Ind. Code to not be required to relocate her principal residence and reside in the service area of the ACS, the Superintendent and Board share a belief that it is important that the Superintendent be a taxpaying resident of the Avon Community Schools. In exchange for the Superintendent incurring the expenses of relocation of her principal residence and her agreement to maintain her principal residence within the Avon Community Schools while serving as Superintendent, within thirty (30) days following the Superintendent moving her principal residence into the ACS, the Board will pay the Superintendent Seven Thousand Five Hundred Dollars ($7,500.00). 6. CANCELLATION OF THIS AGREEMENT BEFORE ITS EXPIRATION. circumstances: 12 Page The parties agree that this Agreement may be canceled in any of the following A. The parties agree in writing to cancel it; B. The Superintendent gives written notice to the Board President no less than ninety (90) days before the proposed effective date of her resignation; C. After a conference with the Superintendent, the Board finds by the preponderance of the credible evidence that the Superintendent has committed one or more acts that the Board concludes constitute: (1) Immorality. (2) Insubordination, which means a willful refusal to obey the state school laws or reasonable rules adopted for the governance of the school building or the school corporation. (3) Justifiable decrease in the number of teaching positions. (4) Incompetence, including receiving: (A)an ineffective designation on two (2) consecutive performance evaluations under Ind. Code ; or (B)an ineffective designation or improvement necessary rating in three (5) years of any five (5) year period. (5) Neglect of duty (6) A conviction for an offense listed in Ind. Code (c). (7) Other good or just cause.

12 D. The Superintendent's license for the position for the Office of Educator License & Development in the Indiana Department of Education is suspended or revoked. 7. DEFENSE AND INDEMNIFICATION OF THE SUPERINTENDENT FOR AC'TS IN PERFORMANCE OF HER DUTIES AS SUPERINTENDENT. The Board agrees to provide the Superintendent with legal counsel paid for by the Board and to defend, indemnify, and hold the Superintendent harmless to the fullest extent permitted by law for all claims, demands and judgments arising out of her good faith performance of her duties as Superintendent. The Superintendent agrees that the Board may comply with this Paragraph through the purchase of one or more policies of liability insurance or by providing for payment of the costs of defense and indemnification from funds that may lawfully be expended for that purpose. The parties agree that this provision shall not include the costs of defense in a criminal matter. If, while acting in good faith, the Superintendent considers that a conflict exists between her legal position and the legal position of ACS or other defendants in the defense of a claim arising out of her good faith performance of her duties as an employee of the ACS, the Superintendent shall have the right to petition the Board to provide separate legal counsel. If the Board grants the Superintendent's request, it shall indemnify her for the costs of her legal defense, to the fullest extent permitted by Ind. Code (17), and Ind. Code 34-13, and successor statutes. 8. INCORPORATION OF THE ENTIRE UNDERSTANDING OF THE PARTIES, MODIFICATION, & AUTHORS OF THIS AGREEMENT. The parties agree that each has had sufficient time to consider and understand the terms of this Agreement and this Agreement therefore contains all the agreed terms of employment of the Superintendent by the Board. 13!Page

13 The parties further agree that conduct of the parties that is inconsistent with one or more provisions of this Agreement shall not operate to constitute a waiver or modification of this Agreement and this Agreement will not be modified except by a written document making specific reference to this Agreement and the specific provision to be modified. Modifications to this Agreement shall be approved by both parties in the same manner that this Agreement was first approved. For purposes of application or interpretation of this Agreement, the parties agree that each party participated equally in the preparation of this Agreement, and therefore, neither party shall be considered to be the author of this Agreement or any provision of this Agreement. 9. REGULAR TEACHER CON1RACTS & ADDITIONAL DOCUMENTS. If required for purposes of compliance with a state or federal statute or regulation, or a request of the Internal Revenue Service, the Indiana Department of Revenue, the State Board of Accounts, or the Indiana Department of Education, they will execute any documents required to implement this Agreement. This may include one or more one-year or multi-year Regular Teacher Agreement forms promulgated by the Superintendent of Public Instruction. The parties further agree that to the extent that this Agreement is inconsistent with the Superintendent's Regular Teacher Contract(s), the terms of this Agreement shall take precedence. 10. THIS AGREEMENT IS A PUBLIC RECORD. The parties agree that this Agreement is a public record under the Indiana Access to Public Records Act, Ind. Code , and Ind. Code , and shall be available for public inspection and copying pursuant to these statutes. 11. EFFECTIVE DATE OF THIS AGREEMENT. For the reason that the Superintendent has been performing the duties of the position of Superintendent since her appointment to the position on March 21, 2012, the parties agree that this Agreement shall be effective retroactive to March 21, IPage

14 AGREED THIS 5 th DAY OF JUNE, SUPERINTENDENT BOARD OF SCHOOL TRUSTEES Dr. M garet E. Hoernemann Kimber1yt. Woodward, President attest Anne L. ngelhardt Secretary Document # _v IPage -