SCHAUMBURG COMMUNITY CONSOLIATED SCHOOL DISTRICT 54 PERFORMANCE-BASED ADMINISTRATOR CONTRACT (July 1, 2016 through June 30, 2021) THIS CONTRACT is made and entered as of the dates written below, by and between ANDREW DuROSS ( Superintendent ) and the BOARD OF EDUCATION OF COMMUNITY CONSOLIDATED SCHOOL DISTRICT 54, Schaumburg, Illinois, Cook County ( Board ). In consideration of the mutual covenants and promises contained herein. IT IS AGREED: 1. Employment. The Board hereby employs Andrew DuRoss as Superintendent of Schools for Community Consolidated School District 54 ( School District 54 ), to perform such duties as are provided for in this Contract and by law for the period of July 1, 2016 through June 30, 2021. Mr. DuRoss hereby accepts employment as Superintendent. Mr. DuRoss s employment in the District is contingent on the following. At all times, Mr. DuRoss must: Conduct himself in an ethical manner, with integrity, respect, honesty and fairness Refrain from behaving in a manner that results in charges of reckless driving or DUI (driving under the influence) 2. Duties. The Superintendent is and shall be, throughout the life of this Contract and any extension(s) thereof, the chief executive officer of School District 54, in charge of all administrative, educational and financial matters pertaining to the public schools of School District 54 and the operations thereof, and such other functions as may be assigned by the Board. However, with prior Board approval, the Superintendent may undertake speaking engagements, writing engagements and/or other professional activities and may retain any compensation or honoraria derived from such work provided that these activities do not interfere with the effective performance of his duties as the Superintendent. 3. Compensation. As compensation for such services, the Board agrees to pay the Superintendent a base salary during the 2016-2017 contract year in the amount set forth in the 2016-2017 Administrator Salary Memorandum adopted by the Board of Education. The Superintendent hereby agrees to devote full-time, skill, labor and attention to this employment, during the term of this Contract, except as otherwise provided in this Contract, and to perform faithfully the duties of Superintendent for School District 54. This annual base salary shall be paid in equal installments in accordance with the policy of the Board governing payment of compensation to other certificated staff members and be subject to withholding as required by law or authorized by the Superintendent. The Superintendent s total creditable earnings, including his base salary, deferred annuity, TRS payments made directly by the Board to TRS on behalf of the Superintendent and benefits, shall be subject to annual increases as agreed to between the Board and the Superintendent. Any adjustment in the compensation made during the life of this Contract shall be set forth in the minutes of the Board and thereby shall become a part of this Contract as though set forth herein. It is provided, however, that by so doing it shall not be considered that the Board has Page 1 of 8
entered into a new Contract with the Superintendent, nor that the termination date of this Contract has been in any way extended. 4. Performance Goals and Indicators. A. Performance Goals. This is a Performance Based Contract for which the goals and indicators of performance are those District Goals established by the Board of Education, as currently adopted and as hereafter may be amended from time to time. The parties agree that the goals and indicators of performance may be amended by the Board at any time and that any such amendment(s) shall not invalidate this Contract. In addition to the annual evaluation required in subparagraph B, the parties may meet periodically during the contract year to review and discuss the Superintendent s performance and effectiveness toward achieving the goals. In order to maximize opportunities for the Superintendent s achievement of the goals, the Board shall cooperate with and assist the Superintendent and agrees that the Superintendent shall have all necessary resources and requisite control over the operations, including finances and personnel, and educational programs of School District 54. If the Board fails to meet any of these obligations, thereby preventing the Superintendent from achieving any of the established goals, the Superintendent s failure to achieve the applicable goal(s) shall not be deemed the fault or failure of the Superintendent and the parties agree to modify or remove the applicable goal(s), as the case may be. Similarly, circumstances beyond the control of the Superintendent that prevent the attainment of any of the established goals shall not be deemed the fault or failure of the Superintendent and, in such instances, the Board and the Superintendent agree to modify or remove the applicable goal(s). B. Annual Performance Review/Evaluation. By June 1 of each year of this Contract, the Board shall review with the Superintendent his progress toward the Superintendent s goals and indicators, his overall working relationships among the Board, the faculty, the staff and community, and his annual compensation for the next Contract year. Specifically, the Board shall review the Superintendent s progress toward and achievement of the goals and indicators established pursuant to subparagraph A and, in conjunction with such review, may agree to modify, remove or add goals and indicators for the next subsequent year of the contract. The Superintendent shall each year notify the Board at least thirty calendar days in advance that the annual performance review/evaluation is scheduled to occur. C. Performance Bonus. In conjunction with the evaluation process, the Board and Superintendent shall meet to discuss and determine goals for the next school year as well as to determine the Superintendent s performance bonus, if any. Any bonus awarded by the Board shall be paid on or before June 30 of the contract year in which the bonus is awarded, and is in addition to the Superintendent s base compensation set forth in Paragraph 3 of this Contract. Page 2 of 8
5. Certificate. During the life of this Contract, the Superintendent shall maintain a valid and appropriate certificate to act as Superintendent in accordance with the laws of the State of Illinois and as directed by the Board and shall keep such certificate in full force and effect during the life of this Contract. 6. Sick Leave. The Superintendent shall be entitled to sick leave with full pay annually on the same basis as other School District 54 central office administrators. 7. Vacation. Full and regular service shall be rendered by the Superintendent for twelve (12) months in each school fiscal year during the life of this Contract; provided that the Superintendent shall be entitled annually to thirty (30) business days of vacation with full pay not to interfere with the orderly function of the School District, exclusive of and in addition to all legal holidays. The Superintendent may exchange a maximum of ten (10) earned and accumulated vacation days annually for payment for the same on a per diem basis (1/225) in lieu of taking said days as vacation days. The Superintendent must give written notice to the Board President of said intention no later than June 15 of any year upon said election and the Board shall make the vacation exchange payment to the Superintendent no later than June 30 of the same contract year. Whenever the Superintendent intends to schedule five (5) or more consecutive days of vacation, he shall notify the Board President at least two (2) weeks before the date his vacation is scheduled to commence. The parties agree that up to fifteen (15) days of unused vacation days may accumulate from year to year, unless the Board permits a greater accumulation. Should this Contract be terminated for any reason or in any manner whatsoever, the Superintendent shall be paid for all earned and accumulated but unused vacation days at the rate of his then current salary after the effective date of his termination. 8. Choice Benefit Plan. The Superintendent shall be afforded all benefits provided other members of the School District 54 central office administration pursuant to the School District 54 Choice Benefit Plan, including without limitation medical, dental, vision, group term life insurance, and long term disability coverage. 9. Term Life. The Board shall provide and pay all applicable premiums for a term life insurance policy in an amount equal to two times the Superintendent s annual compensation during the term of this Contract. The Superintendent shall designate his beneficiary. 10. Disability. The Board shall pay the premium for a disability policy for the Superintendent to compensate the Superintendent in conjunction with any related disability policy or benefit for at least sixty percent (60%) of his base salary under this Contract, to take effect upon exhaustion of accumulated sick leave days and vacation days during any school year should the Superintendent be unable to perform the duties and obligations of this Contract, by reason of illness, accident or other cause beyond the Superintendent s control. Page 3 of 8
11. Deferred Annuity. The Board agrees that during the term of this Contract, and in addition to any other compensation provided for in this Contract, the Board shall pay for and on behalf of the Superintendent each year an amount equal to Ten-Thousand Five Hundred Dollars ($10,500) to a tax-sheltered annuity designated by the Superintendent. In addition, the Board agrees to pay the TRS member contribution applicable to such additional annuity directly to TRS on behalf of the Superintendent. Such contributions are subject to all requirements and limits contained in the Internal Revenue Code. The Superintendent does not have a right to receive these contributions in cash. 12. Automobile Allowance. The Board shall provide the Superintendent with a monthly automobile allowance of Six Hundred Dollars ($600.00) for costs associated with maintaining, insuring and paying the expenses of operation of his personal automobile (e.g., fuel, oil, etc.) for use in the performance of his official duties as Superintendent during his employment under this Contract. 13. Professional Activities and Related Expenses. The Board encourages continuing professional growth of the Superintendent through membership in and participation in professional organizations and through attendance at appropriate professional meetings and conferences at the local, state and national levels. With the consent of the Board President, the Superintendent may attend such professional meetings and the Board shall reimburse the Superintendent for actual and necessary expenses incurred by him in attending such meetings and conferences. 14. Teachers Retirement System Contribution. In addition to the gross compensation paid to the Superintendent by the Board as expressed herein, the Board shall pick up and pay on the Superintendent s behalf, the Superintendent s entire member contribution and the health insurance contribution to the Illinois Teachers Retirement System. It is the intention of the parties to qualify all such payments picked up and paid by the Board on the Superintendent s behalf as employer payment pursuant to Section 414(h) of the Internal Revenue Code of 1986, as amended. The Superintendent shall have no right or claim to the funds so remitted except as they may subsequently become available upon retirement or resignation from the State of Illinois Teachers Retirement System. 15. Indemnification. The Board agrees that it shall defend, hold harmless, and indemnify the Superintendent from any and all demands, claims, suits, actions, and legal proceedings brought against the Superintendent in his individual capacity or in his official capacity as agent and employee of the Board, provided the incident giving rise to said demand, claim, suit, action or legal proceeding arose while the Superintendent was acting within the scope of his employment, but excluding criminal litigation and liability arising in respect to the operation of any vehicle as such liability coverage is not within the authority of the Board to provide under State law. Notwithstanding the foregoing, it is expressly understood that in no case will individual Board members be considered personally liable for indemnifying the Superintendent against such demands, claims, suits, actions and legal proceedings. Page 4 of 8
16. Extension of This Contract. In accordance with Section 10-23.8 of the School Code and the annual evaluation required by paragraph 4, the Board may extend the date on which this Contract terminates, not to exceed a total contract term of five years. In addition, the Board and Superintendent agree that Section 10-21.4 of the School Code [105 ILCS 5/10-21.4] applies to this Contract. 17. Termination of Contract. This Contract may be terminated by: A. Mutual agreement of the parties. B. Retirement of the Superintendent. C. Disability of the Superintendent. Should the Superintendent be unable to perform the duties and obligations of this Contract, by reason of illness, accident or other cause beyond the Superintendent s control and such disability exists for a period of more than sixty (60) days after the exhaustion of accumulated sick leave days and vacation days during any school year, or if such disability is permanent, irreparable, or of such nature as to make the performance of the Superintendent s duties impossible, the Board, at its option, may terminate this Contract, whereupon the respective duties, rights and obligations of the parties shall terminate. If a question exists concerning the capacity of the Superintendent to return to his duties, the Board may require the Superintendent to submit to a medical examination, to be performed by a doctor licensed to practice medicine in all its branches. The Board and the Superintendent shall attempt to mutually agree upon the physician who shall conduct the examination. If the parties cannot so agree, the School District s insurance carrier shall select the examining physician. The examination shall be done at the expense of the School District. The physician shall limit his/her report to the issues of whether the Superintendent has a continuing disability which prohibits him from performing his duties. D. Discharge for Cause. The Board may discharge the Superintendent for just cause, which shall include but not be limited to failure to obtain or maintain the State of Illinois Certificate referred to in paragraph 5 of this Contract, neglect of duty, or breach of contract. Notice of discharge for just cause shall be given in writing and the Superintendent shall be entitled to appear before the Board to discuss such causes. If the Superintendent chooses to be accompanied by legal counsel at such meeting, he shall bear any costs therein involved. Such meeting shall be conducted in closed, executive session. The Superintendent shall be provided a written decision stating the results of the meeting. E. Unilateral Termination by the Board. The Board may, at its option, and by a minimum of ninety (90) days notice to the Superintendent, and without the requirement for a meeting otherwise provided in paragraph 17(D) above, unilaterally terminate this Contract. In the event of such termination, the Board will pay to the Superintendent as Page 5 of 8
severance: a. The value of six months salary under this Contract, as set forth in paragraph 3; and b. The resulting TRS contribution associated with subparagraph (a) directly above, made directly to TRS, on behalf of the former Superintendent. F. Death of the Superintendent. G. Expiration of the Term of the Contract. 18. Medical Examination. At least once every year during the life of this Contract, the Superintendent shall obtain a comprehensive medical examination, the cost of which shall be paid by the Board. A copy of the examination or a certificate of the physician certifying the physical competency of the Superintendent to perform his duties shall be given by the examining physician to the President of the Board. The results of such examination shall be reported to the Board, but the confidentiality of the results shall be maintained. 19. Other Examinations. The Board retains the right to require physical or mental examinations of the Superintendent by a licensed physician of its choice during the life of this Contract, the costs of which shall be paid by the Board. The examination report shall be given by the examining physician to the President of the Board and the confidentiality of the report shall be maintained. 20. Notice. Any notice or communication permitted or required under this Contract shall be in writing and shall become effective on the day of mailing thereof by first class, registered or certified mail, postage prepaid, addressed: If to the Board, to: If to the Superintendent, to: President Board of Education Community Consolidated School District 54 524 East Schaumburg Road Schaumburg, IL 60194-3597 Andrew DuRoss Address in personnel file 21. Miscellaneous. A. This Contract has been executed in Illinois, and shall be governed in accordance with the laws of the State of Illinois in every respect. B. Paragraph headings and numbers have been inserted for convenience of reference only, and if there is any conflict between any such headings or numbers and the text of this Contract, the text shall control. C. 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 Page 6 of 8
same instrument. D. The Superintendent in accepting the terms of this multi-year contract waives any and all rights granted him under the Illinois School Code, including but not limited to any rights to tenure under Sections 24-11 through 24-16 of the School Code. E. If any provision of this Contract is subsequently declared by the proper legislative or judicial authority to be unlawful or unenforceable, all other provisions of the Contract shall remain in full force and effect. F. 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 and communications between the parties concerning such subject matter whether oral or written. No modification or amendment of this Contract shall be valid or binding on the parties unless it is committed to writing and executed by the Board and the Superintendent. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year written below. BOARD OF EDUCATION OF COMMUNITY CONSOLIDATED SCHOOL DISTRICT NO. 54, COOK COUNTY, ILLINOIS, By: President, Board of Education Date ATTEST: By: Secretary, Board of Education Date SUPERINTENDENT OF SCHOOLS, By: Andrew DuRoss Date Page 7 of 8
EXHIBIT A Goals for 2016-2021 Performance Based Contract Superintendent Page 8 of 8