CONTRACT OF EMPLOYMENT WITH SUPERINTENDENT

2014-2015

THIS CONTRACT is made by and between the Board of Education of Cedar Rapids Public Schools, Boone County School District 06-0006, referred to herein as "the Board," and Joan Carraherreferred to herein as "the Superintendent."

WITNESSETH:That in accordance with action taken by the Board as recorded in the minutes of the Board meeting held on the 13th day of January

2014, the Board agrees to employ the Superintendent and the Superintendent agrees to accept such employment subject to the following terms and conditions:

Section 1.Term of Contract. The Superintendent shall be employed for a period of one (1) year, beginning on the first day of July, 2014 and expiring on the thirtiethday of June 2015.

Section 2.Full-Time Equivalency. The Superintendent will be employed for .8full-time equivalency, 4-days thru December 31, 2014, and 3-day/week (.6 FTE) thru June 30th, 2015.

Section 3.Salary.

  1. Salary.The annual salary for the Contract Year shall be $67,541.84 and mutually agreed to by the parties. If the parties do not mutually agree on a salary for the next Contract Year, such salary shall remain the same as the salary for the 2013-14 Contract Year. The Board may not reduce the Superintendent’s annual salary, but may increase it without such increase constituting an amendment to this Contract that would require notice or a hearing.
  1. Payment of Salary and Adjustments.The Board shall pay the annual salary in twelve (12) equal installments on or before the regular paydays established by the board or its successor. Salary payments are subject to state and federal withholdingrequired by law, including without limitation, retirement contributions, FICA, FUTA, Medicare, and state or federal unemployment contributions.
  1. Extra Duty Assignments. If the board assigns the Superintendent extra duties, payment for those additional duties will be paid in an amount agreed to by both parties and such amounts shall not be considered base salary pursuant to paragraph 3a above.

Section 4.Professional Status. The Superintendent hereby affirms that she is not under contract with another school board or board of education covering any part of or all of the same terms provided in this Contract and that throughout the term of this Contract she will hold a valid and appropriate certificate to act as a superintendent of schools in the State of Nebraska, which certificate shall be registered in the District’s office as required by law.

Section 5.Superintendent's Duties. Subject to the approval of the Board, the Superintendent shall be responsible for organizing, reorganizing and arranging the administrative and supervisory staff of the district in a manner which best serves the schools of the District. The administration of instruction and business affairs shall be vested in the Superintendent and administered by her with the assistance of her staff. The Superintendent shall be responsible for selecting, placing, and transferring personnel. She shall be responsible for initiating all personnel matters which require action by the Board, including making recommendations to the Board concerning the termination or discharge of any personnel. The Superintendent agrees to devote her time, skill, labor and attention to her duties as Superintendent of Schools throughout the term of this Contract; provided, however, by agreement with the Board, she may undertake consultative work, speaking engagements, writing, lecturing or other professional duties and obligations.

Section 6.Board-Superintendent Relationship. The Board shall have primary responsibility for formulating and adopting Board policy. The Superintendent shall have the primary responsibility for implementing Board policy. The parties agree, individually and collectively, not to interfere with or usurp the duties or responsibilities of the other party. The Board members, individually and collectively, will promptly refer all criticisms, complaints and suggestions called to its attention to the Superintendent or the Superintendent for action, study and/or recommendation, as appropriate.

Section 7.Evaluation of Superintendent. At least annually the board shall perform a formal evaluation of the Superintendent’s performance of her duties. The Superintendent shall remind the board of this obligation no later than the board’s regularly scheduled meeting in November and, if necessary, shall remind the board of this obligation at its regularly scheduled meeting in December.

Section 8.Discharge. Throughout the term of this Contract, the Superintendent may be discharged if she materially breaches any provision of this Contract or performs any act that substantially inhibits her ability to discharge her duties, including but not limited to (a) incompetence, (b) immorality, (c) intemperance, (d) cruelty, (e) conviction of a felony, (f) neglect of duty, (g) general neglect of the business of the District, (h) unprofessional conduct, and (i) physical or mental incapacity.

Section 9.Disability. If the Superintendent is unable to perform her duties by reason of illness, accident or other disability beyond her control, and such disability shall continue for more than six(6) months, or if such disability is permanent, irreparable, or of such a nature as to make performance of her duties impossible, the Board may, in its discretion, terminate this Contract, whereupon the respective rights, duties and obligations of the parties hereunder shall terminate, with the exception of any benefits to be paid to the Superintendent under any insurance coverage furnished by the District.

Section 10.Physical Examination. The Superintendent agrees that, at the request of the Board, she will have a comprehensive physical and\or mental examination performed by a licensed physician or physicians of the Board's choosing during the term of this Contract. The Superintendent agrees that she will authorize the physician performing each such examination to provide the Board with all records, results and medical judgments of the examination. The cost of such physical examinations and physician's reports which are not paid for by the Superintendent's insurance coverage shall be paid by the District.

Section 11.Fringe Benefits

  1. Vacation Leave. The Superintendent shall be allowed sixteen (16) working days of vacation leave each Contract Year exclusive of Saturdays, Sundays, and legal holidays. It is understood, however, that the Superintendent may from time to time be required to perform duties on Saturdays, Sundays, and legal holidays. Vacation days are to be used in a manner and at times selected by the Superintendent; provided that the Superintendent shall make reasonable efforts to not schedule leaves which would cause the Superintendent to not be able to attend regular scheduled meetings of the Board of Education or important school functions, and the Superintendent shall provide information such that the Superintendent may be contacted when necessary.
  1. Vacation Accumulation. Since the Board and the Superintendent agree that periodic vacation is beneficial to "recharge," the Superintendent shall use at least ten (10) days of vacation each year. At the end of the contract year the Superintendent will be reimbursed for up to five (5) unused vacation days at the effective daily rate of pay in such contract year.
  1. Holidays and School Breaks. Holidays and school breaks as designated by the school calendar will be considered days off with pay.
  1. Sick Leave. The Superintendent shall be allowed eight (8) working days of sick leave each Contract Year all exclusive of Saturdays, Sundays, and legal holidays.
  1. Sick Leave Accumulation. Unused sick leave days may be carried over from one Contract Year to the next, subject to a maximum number of forty-five (45) days of sick leave.
  1. Log. The Superintendent shall maintain a monthly vacation and sick leave log which shall be submitted to the Board President for review on orbefore the 8thday of each month. The Board will review the Leave Log ona quarterly basis.
  1. Health Insurance. The Board shall provide to the Superintendent family health insurance which is equivalent or superior to the specifications of Blue Preferred $750 deductible.
  1. Dental Insurance. The Board shall provide to the Superintendentemployee and spouse dental insurance which is equivalent or superior to Blue Preferred PP0-80% A & B with 50 % C coverage.
  1. Transportation. The Board shall reimburse the Superintendentfor mileage incurred in the performance of her duties at the rate approved by the Board of Education.
  1. Professional Meetings. The Superintendent shall be permitted to attend professional meetings at the local and state level. Attendance at the national level would be at the board's discretion. The Superintendent shall only attend professional meetings if such attendance will not conflict with the Superintendent's performance of her job duties. The Board shall pay the following expenses incurred by the Superintendent in connection with her attendance at professional conferences: travel, meals, lodging, and registration fees. Expenses at the national level would be covered at the board's discretion.
  1. Membership Fees. During the term of this Contract, the Board shall pay the Superintendent's membership fees for the following organizations: Nebraska Council of School Administrators, American Association of School Superintendents, Nebraska Association for School Curriculum and Development, and Superintendents and Supervisors Council. Upon approvalof the Board, the Board may pay the Superintendent's membership fees for other organizations.
  1. Retirement. The Nebraska School Employees Retirement Act applies to the Superintendent's employment hereunder.
  1. Legal Actions. If any legal action, including but not limited to a professional practice complaint, is threatened or filed against the Superintendent as a result of the Superintendent's good faith performance of her duties for the Board, the Board shall pay the expenses of defending such legal action to the maximum extent permitted by law. Notwithstanding anything herein to the contrary, this section shall not apply to legal actions, including, but not limited to professional practice complaints, initiated by the Board against the Superintendent.

Section 12.No Penalty for Release or Resignation. There shall be no penalty for release or resignation by the Superintendent from this Contract; provided, no resignation shall become effective before the expiration date of this Contract unless it is accepted by the Board which shall fix the date at which the resignation shall take effect.

Section 13.Compensation Upon Termination. Upon lawful termination of this Contract for any reason, the compensation to be paid hereunder shall be an amount which bears the same ratio to the annual salary specified as the number of months or fraction thereof to the date of such termination bears to the twelve months in the annual salary period in which termination occurs. Any portion of the annual salary paid but not earned prior to the date of termination of this Contract shall be refunded by the Superintendent.

Section 14.Governing Laws. The parties shall be governed by all applicable state and federal laws, rules and regulations in performance of their respective duties and obligations under this Contract.

Section 15.Amendments to be in Writing. This Contract may be modified or amended only by a writing duly authorized and executed by the Superintendent and the Board.

Section 16.Severability. If any portion of this Contract shall be declared invalid or unenforceable by a court of competent jurisdiction, such declaration shall not affect the validity or enforceability of the remaining provisions of this Contract.

IN WITNESS WHEREOF, the parties have executed this Contract on the dates indicated below.

Executed by the Board this ___ day of ______, 2014.

______

Secretary, Board of EducationPresident, Board of Education

Executed by the Superintendent this _____ day of ______, 2014.

______

Superintendent

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