EMPLOYMENT CONTRACT BETWEEN CATHERINE M. DUSMAN AND THE BOARD OF SCHOOL DIRECTORS OF THE CHAMBERSBURG AREA SCHOOL DISTRICT

Transcription

1 -- t EMPLOYMENT CONTRACT BETWEEN CATHERINE M. DUSMAN AND THE BOARD OF SCHOOL DIRECTORS OF THE CHAMBERSBURG AREA SCHOOL DISTRICT This Employment Contract, made and entered into this 26th day of September effective 1st day of August, 2004, by and between the Board of School Directors of the, 2007, but Chambersburg Area School District, a Pennsylvania School District having its principal place of business at 435 Stanley Avenue Chambersburg, Pennsylvania (hereinafter referred to as District ) and Catherine M. Dusman, (hereinafter referred to as Assistant Stifreiiiitendent ). WITNESSETH: WHEREAS, the District desires to provide Assistant Superintendent with a written employment contract in order to enhance administrative stability and continuity within the schools which the District believes generally improves the quality of its overall educational program; and WHEREAS, District and Assistant Superintendent believe that a written employment contract is necessary to describe specifically their relationship and to serve as the basis of effective communication between them as they fulfill their governance and administrative functions in the operation of the educational program of the schools; NOW, THEREFORE, District and Assistant Superintendent, for the consideration herein specified, agree as follows: ZTERM _The School District does hereby-employ Assistant Superintendent in the capacity of Assistant Superintendent for Secondary Services of the School District for a term of four (4) years commencing on the 1st day of August, 2004 and ending on the 31st day of July, 2008 and Assistant Superintendent agrees to accept said employment for said term. Assistant Superintendent s work year shall consist of 248 scheduled work days each year. 2. PROFESSIONAL CERTIFICATION AND RESPONS1BILITIES. During the term of this Agreement, Assistant Superintendent agrees to serve as Assistant Superintendent for Elementary Services of the School District and to perform the duties of Assistant Superintendent for Elementary Services in a competent and professional manner in accordance with the laws and regulations of the Commonwealth of Pennsylvania, the policies of the School District, and the regulations of the Board of School Directors. Assistant Superintendent will work at the direction of the District ssuperintendent. In addition to all other responsibilities, Assistant Superintendent will attend all regular board meetings and special committee meetings as designated by the Superintendent and serve as an advisor to said committees and/or the Superintendent.

2 Assistant Superintendent covenants that he possesses all of the qualifications that are requited by law to serve as an Assistant Superintendent for Elementary Services. Assistant Superintendent agrees to maintain throughout the term of this Agreement a valid and current commission and/or certification, or other legal credentials as may be required by applicable laws and regulations and to present the same to the Board of School Directors. He further agrees to subscribe to and take the proper oath of office before entering upon his duties. Assistant Superintendent further agrees to devote his time, skill, labor and attention to said employment during the term of the Agreement provided, however, that Assistant Superintendent, with prior written consent of the Board, may undertake consulting work, speaking engagements, writing, lecturing, teaching or other professional duties and obligations, so long as any such undertaking does not conflict or interfere with performance with his duties as Assistant Superintendent and as long as Assistant Superintendent shall provide the Board of School Directors with reasonable advance notice of the time of such undertaking(s) and when they will require his absence from the District. Any compensation for such undertaking(s) shall belong to Assistant Superintendent. 3. PROFESSIONAL GROWTH. District encourages the continuing professional growth of Assistant Superintendent through his participation, as he might determine in light of his responsibilities as Assistant Superintendent in: (a) The operations, programs and other activities conducted or sponsored by local, state and national school administrator and school board associations; (b) Seminars and courses offered by public and private educational institutions; and business management course or seminars; (c) Informational meetings with other persons whose particular skills or backgrounds would serve to improve the capacity of Assistant Superintendent to perform his professional responsibilities for District. (d) Participation in social clubs and organizations such as Rotary Chamber of Commerce. In its encouragement, District shall permit a reasonable amount of release time for Assistant Superintendent to attend to such matters and pay for the necessary membership, tuition, travel and subsistence expenses within the line item provided for such expenses within the District s budget. 4. EVALUATION AND GOAL SETTING. It is agreed by the parties hereto that there shall be an annual evaluation meeting between the District Superintendent and Assistant Superintendent. The evaluation of Assistant Superintendent s job performance and discussion of goals for the ensuing year shall be discussed at that meeting. The time and date of the annual meeting shall be agreed to by Superintendent and Assistant Superintendent. 5. COMPENSATION AND FRINGE BENEFITS. For services rendered for the school year under this Agreement, the District shall compensate Assistant Superintendent at the annual rate (the Base Salary ) of$ 104,000 to be apportioned on a pro rata basis, payable in biweekly installments in accordance with the policy of the District governing payment to Professional Employees. 2

3 In benefits set forth addition to the foregoing salary, Assistant Superintendent shall receive the fringe in Appendix A, which is attached hereto and made a part hereof, all of which shall constitute Assistant Superintendent s Compensation. Upon continued satisfactory performance, Assistant Superintendent is entitled to annual salary increases of not less than three percent (3%) or more than five percent (5%) of the current salary. Assistant Superintendent shall be eligible for a performance bonus which shall become part of her base salary. The combination of annual increase and performance bonus, granted, shall not exceed seven percent (7%) per year. Said increase shall be related to meeting stated goals as outlined and expressed in Assistant Superintendent s written evaluation. Unless her performance has been evaluated as unsatisfactory, on July 1, 2007, Assistant Superintendent shall receive an annual salary increase and may receive a performance bonus as referred to above, which shall be in effect from July 31, 2008 (the Annual Increase ). 1, 2007 through July if The District shall not reduce Assistant Superintendent s annual base salary below the amount of the Assistant Superintendent s base salary. Adjustments to the Base Salary shall be deemed to be amendments to this Employment Contract, which shall otherwise remain in full force and effect. 6. PROFESSIONAL LIABILITY PROTECTION. The School District further agrees that shall, to the extent allowable by applicable law, defend, hold harmless, and indemnify Assistant Superintendent from any and all demands, claims, suits, actions and legal proceedings brought against Assistant Superintendent either in his individual capacity or his official capacity as agent and employee of the District, provided the incident arose while Assistant Superintendent was acting within the scope of his office or duties thereunder and further provided that Assistant Superintendent s conduct is not intentional, reckless, or grossly negligent. Except as provided in Section 7(b) hereof, this paragraph shall not apply to discharge or removal proceedings instituted by the District, nor shall provision of legal counsel constitute an admission by the District of liability for the action complained of. 7. REAPPOINTMENT AND TERMINATION. The District and Assistant Superintendent hereby agree that the following provisions shall be applicable for the term of this Agreement, or any extension or renewal of this Agreement: it (a) Assistant Superintendent retains the right to retire. However, before doing so Assistant Superintendent shall give the District not less than one hundred fifty (150) days prior written notice. Absent extraordinary circumstances, such retirement would become effective only on June 30 of any year of the term hereof. Assistant Superintendent further retains the right to resign, absent extraordinary circumstances, such resignation would not become effective sooner than sixty (60) days after it is tendered. (b) Assistant Superintendent shall, throughout the term of this Agreement, be subject to termination of contract for valid and just cause for reasons specified under Section 1080 of the Public School Code. (c) The District shall notify Assistant Superintendent no later than one hundred fifty (150) days prior to the expiration date of this Agreement of the District s intent not to reappoint Assistant Superintendent. Should Assistant Superintendent not be so notified, 3

4 said Assistant Superintendent shall be appointed for a term of years not less than the length of the expiring term and the terms and conditions of this Agreement shall be incorporated in a Successor Agreement, unless mutually agreed otherwise by the Board and Assistant Superintendent. 8. NOTICES. Any notice required by this Agreement shall be effective if mailed to the other party at the address shown herein or at such other address for which due notice has been given. 9. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assign, except that this Agreement shall not be assignable by Assistant Superintendent. 10. INCAPACITY. If Assistant Superintendent should be unable to perform any or all of his duties by reason of illness, accident, incapacity or other cause beyond his control as determined by a health care professional selected by the District, and said disability persists for a period of more than his accumulated sick leave and vacation and personal leave entitlement during any school year, and beyond any entitlement to sabbatical leave, the District may in its discretion make a proportionate deduction from the salary stipulated hereunder. To the extent permitted by law, under such circumstances, Assistant Superintendent shall be entitled to the disability provisions contained in the District s Administrator Compensation Plan. If said disability is permanent, irreparable, or of such nature as to make the performance of his duties impossible as determined by a health care professional selected by the District, the District may, at its option, terminate this Agreement and the employment of Assistant Superintendent in accordance with the provisions of the School Code, whereupon the respective duties, rights and obligations hereof shall cease. 11. RESIDENCE. As a condition of employment, and in consideration of the above terms, Assistant Superintendent must maintain her primary residence within the boundaries of the District. 12 APPLICABLE LAWS It is the intention of the parties hereto that the terms and conditions of this Agreement shall be consistent and in full compliance with the provisions of the School Code and the laws of Pennsylvania and any amendments thereto and that this Agreement shall be construed accordingly. 13. SEPARABILITY. If any provision of this Agreement is determined by any court to be invalid or inconsistent with the law, it is the intention of the parties hereto that all valid provisions which are severable from the invalid provisions shall remain in effect and that this Agreement shall continue to be effective to the full extent that is consistent with the law. 14. AMENDMENTS. The parties hereto shall fulfill all aspects of this Agreement; provided, however, that any exception hereto shall only become effective by virtue of mutual written consent of the parties hereto. 15. ENTIRE AGREEMENT. This Agreement and exhibits hereto that are incorporated by reference contain the entire Agreement between the parties hereto except as otherwise stated herein and supersedes all other agreements and representations, written or oral, on the subject matter hereof, including any statements in referenced exhibits or attachments that may be in 4

5 conflict with the statements herein, and shall be binding on the successors, assigns and legal representatives of the parties hereto. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have caused this Agreement to be duly executed the day and year first above written. ATTEST: CHAMBERSBUR AREA SCHOOL DISTRICT Secrtay4f the oard(of School Directors Presideht 6? its Baof Sjol Directors District WlTNES: Catherine M. Dusman Assistant Superintendent for Elementary Education Assistant Superintendent 5

6 APPENDIX A Except where this contract specifically provides otherwise, Assistant Superintendent shall be entitled to all benefits contained in the District s Administrator Compensation Plan. In addition, Assistant Superintendent shall be entitled to: 1. MEDICAL EXAMINATION. The District will pay for the cost of a complete medical examination of Assistant Superintendent not less than once every two years and no more often than once every year. Any report of the medical examination shall be given directly and exclusively by the examining medical person to Assistant Superintendent. 2. LIFE INSURANCE. The District shall pay the premium for a term life insurance policy in an amount equal to two (2) times his annual salary. At Assistant Superintendent s retirement/termination the District shall provide one half (1/2) the cost of the premium for a term life insurance policy in an amount equal to two (2) times his salary to age SICK LEAVE. Assistant Superintendent shall be entitled to thirteen (13) days of sick leave credited on July 1 of each work year. Upon retirement, termination of employment not resulting from dismissal for cause, or death in service, Assistant Superintendent may submit up to 100 unused sick leave days for reimbursement at $50 per day. (For the purpose of this agreement retirement shall mean a qualified retirement under the guidelines of the Pennsylvania Public School Employees Retirement System) As per School Board policy, District payment for all leaves that are to be paid upon a qualified retirement will be transferred to an approved IRC section 403(b) account of the Assistant Superintendent s choice. 4. VACATION. Assistant Superintendent shall earn twenty (20) days of vacation per year which shall be credited on July 1st of each year. A maximum of ten (10) vacation days may be carried over from the previous year with a cap set at no more than thirty (30) vacation days for any given year. Upon retirement, termination or death in service, up to twenty (20) earned but unused vacation days may be submitted for reimbursement at the daily rate of pay (For the purpose of this agreement retirement shall mean a qualified retirement under the guidelines of the Pennsylvania Public School Employees Retirement System) 5. EXPENSES. The District shall pay or reimburse Assistant Superintendent for reasonable expenses incurred by Assistant Superintendent in the continuing performance of his duties under this Employment Contract. 6. HOLIDAYS. All holidays set forth on the District calendar as such shall not be deemed or counted as scheduled work days. 7. SABBATICAL LEAVE OF ABSENCE. Assistant Superintendent shall be entitled to sabbatical leaves of absence in accordance with the terms and conditions of the Pennsylvania School Code and other applicable laws relating to such leaves. (7 years of service). Compensation for such leave will be as follows: Restoration of Health 75% of salary; Study 50% of salary. Provided, however, compensation for restoration of health shall not be in addition to any other compensation paid by the District for sick days or disability for the same period of time. If Assistant Superintendent forgoes his entitlement to a sabbatical leave on the eligible year(s), he shall be eligible, on a one 6

7 time only basis, for severance pay equal to 50% of his final annual salary at retirement as defined under the guidelines of the Pennsylvania Public School Employees Retirement System. The value of this benefit shall be provided as a death benefit if Assistant Superintendent dies prior to termination of service. 8. HEALTH INSURANCE COVERAGE AT RETIREMENT. If Assistant Superintendent retires between the ages of 53 and 64, he may receive individual medical benefits equal to those provided in the CASD District Administrators Plan as follows: 700% coverage after 25 years of service; 75% coverage after 20 years of service: 50% coverage after 15 years of service or the Assistant Superintendent may choose to participate in a program that will contribute $2100 per year in to a 403B. The $2100 may be contributed to a HSA or HRA as they become available in the future. (For the purpose of this agreement retirement shall mean a qualified retirement under the guidelines of the Pennsylvania Public School Employees Retirement System.) (For the purpose of this agreement, service shall mean service within the District.) 9. COMPUTER EQUIPMENT. The computer and itemized associated accessories and support devices used by Assistant Superintendent at the time of his retirement, or termination not otherwise a result of dismissal for cause, shall become the sole property of Assistant Superintendent at no cost to him. JO. ADDITIONAL BENEFITS. During the life of this Employment Contract, the District shall afford to Assistant Superintendent any new or improved benefits that are authorized by the Board on behalf of the employees covered by the District s Act 93 compensation plan document or on behalf of the employees covered by the professional employee collective bargaining agreement between the District and CAEA. If. FRINGE BENEFITS. During the term of this agreement, the District shall provide the following fringe benefits to Assistant Superintendent. Dental and Vision Assistant Superintendent shall be provided the same dental and vision benefits made available to the District s professional employees as set forth in the professional employee collective bargaining agreement between the District and CAEA, or that made available to the District s administrators, supervisors, coordinators and support managers as set forth in the District s Act 93 compensation plan document, whichever is more favorable to Assistant Superintendent. The District shall pay the full premium costs (100%) for such coverage for Assistant Superintendent and dependents. Medical Benefits Assistant Superintendent shall be provided the same medical benefits made available to the District s professional employees as set forth in the professional employee collective bargaining agreement between the District and CAEA, or that made available to the District s administrators, supervisors, coordinators and support managers as set forth in the District s Act 93 compensation plan document, whichever is more favorable to Assistant Superintendent. 7

8 12. ACTIVITY PASS. Assistant Superintendent shall receive a Chambersburg Area School District Activity Pass at no cost to Assistant Superintendent. 13. BEREAVEMENT LEAVE. Assistant Superintendent shall be entitled to four (4) days of bereavement leave for a death in the immediate family (husband, wife, child, step-child, step-parents, brother, sister, grandparents, grandchildren, parent or parent-in-law) whenever no other long term work break is available. Assistant Superintendent shall be entitled to two (2) days of bereavement leave for the death of near relative (first cousin, aunt, uncle, niece, nephew, son-in-law, daughter-in-law, brother-in-law and sister-inlaw). 14. CHILD REARING LEAVE. Assistant Superintendent shall be entitled to take one (1) year of unpaid leave for the purpose of rearing children per child. 15. PERSONAL LEAVE. Assistant Superintendent shall be entitled to four (4) days of personal leave per year to be credited July 1st of each year. Said leave may accumulate each year up to a maximum of eight (8) days. 8