SUPERINTENDENT EMPLOYMENT CONTRACT W I T N E S S E T H

Transcription

1 SUPERINTENDENT EMPLOYMENT CONTRACT AGREEMENT made this 18th day of July, 2012, between the Board of Education of Bensenville School District No. 2, DuPage County, Illinois, hereinafter referred to as the Board, and Dr. James Stelter, hereinafter referred to as the Superintendent. This Agreement constitutes a successor administrative performance based employment contract entered into during the term of an existing, predecessor administrative performance based employment contract. In accordance with the provision in 105 ILCS 5/ of The Illinois School Code, the Superintendent and Board confirm and acknowledge that the Superintendent has met the goals and indicators of student performance and academic achievement, as stated in the original, predecessor contract. W I T N E S S E T H A. EMPLOYMENT AND COMPENSATION 1. Dr. James Stelter is hereby employed and retained as Superintendent of Schools for Bensenville School District No. 2 for the period July 1, 2012 to June 30, The Board shall pay the Superintendent at an annual salary of One Hundred Eighty and No/100 Dollars ($180,000.00), for the contract year. The Superintendent's annual salary for each of the remaining years of this Contract shall be established by mutual agreement of the Board and the Superintendent on or before June 1 of the preceding contract year; provided that in no case that the Superintendent's annual salary be less than the prior year, plus a two percent (2%) minimum increase. 4. Any salary or other adjustment or modification made during the life of this Contract shall be in the form of a written amendment and shall become a part of this Contract, but such adjustment or modification shall not be construed as a new contract with the Superintendent, nor as an extension of the termination date of this Contract. 5. During the term of this Contract, the Superintendent shall hold a valid and properly registered certificate issued by the State of Illinois Teacher s Certification Board qualifying him to act as Superintendent of the School District. 6. The Superintendent shall have an annual comprehensive physical examination by a physician licensed to practice medicine in all its branches as selected by the Board. The Board shall pay the costs of such examination, to a maximum of Five Hundred and 00/100 Dollars ($500.00) and shall receive a written report of the examination. 7. The Board and the Superintendent agree that this Contract is a multi-year contract within the meaning of Section of the School Code. The Superintendent waives any claim of entitlement to contractual continued service (tenure), to the extent required under such Section. 1

2 8. The parties agree that this Contract is performance-based as provided in Section of the School Code and is linked to student performance and academic improvement. The Board has determined that the goals established in the Superintendent Contract dated June 3, 2011 have been met. The Board and the Superintendent agree that the following goals shall be met by the Superintendent: Goal 1: The Superintendent shall provide leadership in school improvement planning which enhances student achievement and performance, with a vision of 21 st century learning. Indicators: a. The Superintendent, with the assistance of the executive cabinet, buildinglevel administrators, and external resources available, shall facilitate the use of local, state and national testing and other appropriate data collection to serve as the basis for the development of school improvement plans. An annual report of student progress on mandated testing will be made to the Board of Education. b. The Superintendent, with the assistance of the executive cabinet, buildinglevel administrators, and external resources available, conduct an analysis of individual and collective (school) performance data and present the results to the Board of Education on an annual basis. c. The Superintendent, with the assistance of the executive cabinet, buildinglevel administrators, and external resources available, plan and deliver a systematic program of staff development in curricular / instructional / assessment areas that will support staff in enhancing student performance. An annual report on progress on the staff development plan shall be made to the Board of Education Goal 2: The Superintendent shall coordinate and implement the District s Facility Improvement Program. Indicators: a. The Superintendent, with the assistance of the executive cabinet, buildinglevel administrators, and external resources available, shall create a plan in support of current building activities and outlook for future building plans, with 21st century learning attributes. An annual progress report shall be made to the Board of Education. b. The Superintendent, with the assistance of the executive cabinet, buildinglevel administrators, and external resources available, shall plan for ongoing maintenance of schools for the safety of students. An annual progress report shall be made to the Board of Education. Goal 3: The Superintendent, with the assistance of the executive cabinet, building-level administrators, and external resources available, shall provide an annual report to the Board of Education on progress in the 2

3 adopted strategic plan, the five year financial forecast, student enrollment projection report and attendance center boundary needs, and organizational recommendations for staff. 9. The Board and Superintendent agree that they annually shall mutually discuss and evaluate their working relationship, rapport, and understanding. By February of each year of the Contract, the evaluation process shall be initiated by the Board. A formative evaluation of that performance shall be completed before March 20 th. After such evaluation, and prior to June 1 st, the parties shall schedule a meeting to review the evaluation and determine the working relationship, rapport and understanding of the parties. Meetings held for the purposes of evaluating the Superintendent shall be held in closed session of the Board. 10. This employment Contract may be terminated by mutual agreement, permanent disability, discharge for cause, death or by the Board as provided herein. B. BENEFITS In addition, should the Superintendent be incapable of performing the duties and obligations covenanted herein by reason of illness, accident, or other disability, and such disability is continuous for a period in excess of one hundred eighty (180) calendar days, then the Superintendent shall be deemed permanently disabled, and his employment shall cease. Prior to termination for permanent disability, the Superintendent may request a hearing before the Board. Discharge for cause shall be for any conduct, act or failure to act by the Superintendent which is seriously prejudicial of the School District including neglect of duty, inefficiency or incompetency. Such reasons for discharge shall not be arbitrary or capricious. Reasons for discharge for cause shall be given in writing to the Superintendent, who shall be entitled to a hearing before the Board to discuss such causes. If the Superintendent chooses to be accompanied by legal counsel, he shall bear any costs herein involved. The Board hearing shall be conducted in executive session. The Board may also terminate the Superintendent s employment, without cause and without prior notice, at any time during the term of this Agreement. In the event of any such termination, under this or any prior Agreement, the Superintendent shall be entitled to the cash value of the compensation and benefits provided for in this and any prior Agreement, as well as health insurance as provided herein for the Superintendent and eligible dependents for the shorter of the following periods: (1) the remainder of the fiscal year in which the termination occurs, plus the two subsequent fiscal years; or (2) the remainder of the terms of this and any prior Agreement. Such cash value shall not include membership dues, travel expenses, professional meeting expenses or annual medical examination expenses, and shall be payable in two equal installments, the first within thirty (30) days of the termination of this Agreement and the second by October 15th of the fiscal year following the year of termination. 1. In addition to the annual salary stated in paragraph A.2 and A.3 of this Contract, the Board shall make a contribution on behalf of the Superintendent to the State of 3

4 Illinois Teachers Retirement System and Teachers Health Insurance Security Fund in the amount equal the Superintendent s required contributions to said Teachers Retirement System and Teachers Health Insurance Security Fund for the Superintendent s creditable earnings and the employee contributions required under Section 6.6 of the State Employees Group Insurance Act. The Superintendent does not have any right or claim to said amount except as it may become available at the time of retirement or resignation from the State of Illinois Teachers Retirement System. Both parties acknowledge that the Superintendent did not have the option of choosing to receive the contributed amounts directly, instead of having such contributions paid by the Board and that such contributions are made as a condition of employment to secure the Superintendent's future services, knowledge and experience. 2. It is contemplated within the employment relationship that the Superintendent will be required: to visit the schools in the surrounding area; to visit the sites of the Board, its constituent and articulating districts, special education and joint agreement cooperatives, community organizations, other governmental units, homes of parents and other constituents, and to attend necessary meetings in Illinois. The Superintendent will be responsible for expenses associated with transportation necessary for these purposes. 3. The Board shall also reimburse the Superintendent for other reasonable monthly expenses incurred in the performance of his duties. Itemization shall be made by the Superintendent of all expenses incurred. 4. The Board shall pay for the Superintendent s full family medical, vision, longterm disability and dental insurance. 5. The Board shall provide and pay the premiums for a group term life insurance policy or policies for the Superintendent during the term of this Contract in the face amount of Four Hundred Thousand Dollars ($400,000.00) 6. The Superintendent shall be entitled to a paid vacation of twenty-five (25) working days in each contract year. Vacation days must be used in the year earned or shall be lost as per District policy. However, each contract year, up to a maximum of five (5) vacation days may be carried over for use in the subsequent contract year. The Superintendent shall also be entitled to all legal school holidays, plus Christmas Eve and New Year s Eve. Christmas, Spring, and Summer recess periods shall constitute working days unless specifically scheduled and credited toward the vacation days listed above. 7. The Superintendent shall be granted sick leave, as defined in Section 24-6 of the School Code, of twenty-five (25) working days for each contract year, which may be accumulated to a maximum of Three Hundred Forty (340) days. The Superintendent shall also be granted three (3) days of personal leave and three (3) days of bereavement leave annually, to be used in accordance with Board policy. 8. The Board shall pay dues and membership fees including the dues to AASA and IASA to a maximum of four thousand dollars ($4,000.00) per year. 4

5 9. The Superintendent is expected to attend appropriate professional meetings at the local, state and national level with registration being within an annual budget of Five thousand dollars ($5,000). The Superintendent shall inform the Board in advance of his attendance at such meetings. All expenses, other than registration, will be within the annual budget set by the Board. 10. The Superintendent is encouraged to participate in the local Rotary organization in the interest of promoting a better understanding of the District and its concerns. The Board shall pay the annual Rotary membership dues. 11. The Superintendent shall also be reimbursed for expenses associated with attendance at the National School Board Association convention, to a maximum of Two Thousand Five Hundred Dollars ($2,500.00), if budgeted. 12. Annuities and Deferred Compensation. From the annual salary stated in this Contract, the Superintendent may authorize a salary reduction pursuant to and in accordance with the terms of the Board s 403(b) Plan, if such Plan is offered by the Board, in order that the Board may purchase a 403(b) eligible product for the Superintendent as described in Section 403(b) of the Internal Revenue Code, provided that the Superintendent confirms that any such salary reduction under a 403(b) Plan is within Internal Revenue Code limitations. In addition to the annual salary stated in this Contract, at the beginning of each Contract Year the Board shall make a non-elective employer contribution in the amount of Twenty-Three Thousand Seven Hundred Dollars ($23,700) on behalf of the Superintendent to and in accordance with the terms of the Board s 403(b) Plan. The Board, at their discretion, may increase this amount provided the Superintendent confirms that such contribution under a 403(b) Plan is within Internal Revenue Code limitations. The Superintendent has not had and shall not have the option to receive cash or any other form of compensation or benefit in lieu of this contribution. C. POWERS AND DUTIES The Superintendent shall have charge of the administration of the schools under the direction of the Board; he shall be the chief executive officer for the Board; he shall recommend the selection of, and direct and assign, teachers and other employees of the School District under his supervision; he shall organize and direct the administrative and supervisory staff; he shall make recommendations to the Board concerning the budget, building plans, location of sites, and the selection of textbooks, instructional material, and courses of study; he shall direct the keeping of all records and accounts, and aid in the making of all reports, as required by the Board; he shall recommend rules, regulations and procedures deemed necessary for the welfare of the School District; and, in general, he shall perform all other duties incident to the office of the Superintendent as may be prescribed by the Board from time to time. D. MISCELLANEOUS 1. Any notice required to be given under this Contract shall be deemed sufficient if it is in writing and sent by mail to the last known residence of the Superintendent or 5

6 the President of the Board. 2. This Contract has been executed in Illinois, and shall be governed in accordance with the laws of the State of Illinois in every respect. 3. Paragraph headings and numbers have been inserted for convenience of reference only, and if there shall be any conflict between such headings or numbers and the text of this Contract, the text shall control. 4. This Contract may be executed in one or more counterparts, each of which shall be considered an original, and all of which taken together shall be considered one and the same instrument. 5. This Contract contains all the terms agreed upon by the parties with respect to the subject matter of this Contract and supersedes all prior agreements, arrangements or communications between the parties concerning such subject matter, whether oral or written. 6. This Contract shall inure to the benefit of the parties, their successors, assigns, heirs, executors and personal representatives, and shall be binding upon the Board, its successors and assigns. IN WITNESS WHEREOF, the parties have executed this Contract this 18th day of July, SUPERINTENDENT BOARD OF EDUCATION, BENSENVILLE SCHOOL DISTRICT NO. 2 DUPAGE COUNTY, ILLINOIS Dr. James Stelter BY: President ATTEST: Secretary 6