Baldwin Super Contract

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‘STATE OF ALABAMA, ‘COUNTY OF BALDWIN EMPLOYMENT CONTRACT ‘THIS CONTRACT (“Contract”) made and entered into on this the _dsy of September, 2015 (“EffeotiveDate”), by and between the BALDWIN COUNTY BOARD OF EDUCATION, an, agency ofthe State of Alabama, "the Board”), and CARLE. TYLER, JR., ("the Superintendent") WHEREAS, the Board has appointed CARL E. TYLER, JR, to the position of Superintendent of Education for Baldwin County, and WHEREAS, CARL E, TYLER, JR., has accepted the sppointment ofthe Board to serve as Superintendent; and WHEREAS, the Board and CARL E. TYLER, JR., have reached an agresment as to the terms of emplayzent, compensation and other matters between them and intend to set forth thei agreement on sich matters as they fll their governance and administrative Sanctions in the operation ofthe education program in and forthe Balwin County School System. NOW THEREFORE, in consideration ofthe premises, the mutual covenans and promises herein set forth and payment by the Board to CARL-E. TYLER, JR, of the salary during he tem ‘ofthis Contract the Botrd and CARL E. TYLER, JR, agree as follows: 1. ‘Tam, The Board hershy employs, and the Superintendent hereby accepts employment as Superintendent of Schools for the Baldwin County Boer of Eduction for term ted ‘of thirty three (33) months, upon the terms and conditions set out herein, unless sooner termi 18 set forth in thie Contract, The Superintendent shall commence his duties immediately. Employmeat Conract:Balvin County Boar of Education snd Cul Tylen Je ~—~—~SC~*~*«S age TTD 2. Superintendent Certification and Responsbi (@) _TheSuperntendent shall perform the duties and obligations of Superintendent of Schools for and under te direction ofthe Baldwin County Board of Education including those ‘duties and obligations imposed by the laws of the State of Alabama, The Superintendent shall devote is fl time, sil labor and attention tothe duties as Superintendent of Schools throughout ‘he term ofthis Contract. The Superintendent shall also perform any other duties as prescribed by law, as contained in Board polices, procedures or dretives,oras contained in regulations, polices, or procedures ofthe Alabama Department of Education. (©) The Superintendent shall hold and msintein such valid and appropriate certificates (“Certification”) to act as Superintendent of Schools of this County in accordance with the laws ofthe Stat of Alabama and the rules and regulations of any agency thereof, and as may be necessary or desirable fr aereitaton purposes. (©) The Superintendent may lecture, engage in writing activites and spesking engagements and engage in other activities which do not interfere with the duties of the Superintendent and are approved by the Board. In no case will the Board be responsible for any ‘expense attendant tothe performance of such outside activities 3. Professional Growth of Superintendent. The Board encourages the continuing professional growth of the Superintendent through his participation, subject to his responsibilities 1s Superintendent, in seminars and courses offered by public or private educational institutions and associations, and other activities promoting the professional growth of the Superintendent. In furtherance of this commitment tothe professional growth of the Superintendent, the Board shall permit a reasonable amount of time for the Superintendent to atend such matters and pay for the Employment Contacte Baldwin Comty Board of Eextion and CIE. Tyler Page Daf necessary fees for travel and subsistence expenses as provided by the Board in accordance withthe same process and same rte as other administrative employees. ‘The Board shall pay the Superintendent's dues to the American Association of School Administrators and its Alabama aflite, the National School Board Association and its Alabama affiliate, and one Baldwin County civic club. 4. Compensation. In consideration ofthe performance by the Superintendent ofall of ‘the duties, responsibilities and obligations imposed upon him by this Contract and by virtue of his, appointment as Superintendent, the Board agrees to pay the Superintendent, subject tothe terms and conditions of this Contract, from October 1, 2015, trough June 30, 2018, the following: (@) Base Salary. A base salary of One Hundred and Sixty Thousand Dotlars ($160,000.00) per year in equal monthly installments, the first of which shall be due and payable on October 31, 2015, with subsequent payments being due on the lat day of each month thereafter. Although the base stlary is stated in terms ofan annual salary its understood and agreed thatthe Superintendent's base salary shal be eared on a monthly basis and paid on a prorated basis, (b) Salary Increase, ‘The Superintendent's base salary shall be increased on the same date and by the same perceatage fo which other certificated personnel shall become entitled. Provided, however, if termination proceedings have been instituted in accordance with paragraph 12 there shall be no salary incresse in accordance with this paregraph during the pendency of any such action (© Moving Expenses, The superintendent shall be provided a one-time moving expense allowance of Ten Thousand and NO/100 Dollars ($10,000.00).The Board shall make said payment tothe Superintendent upon full execution of this Contract. ployment Conrac Baldvin CoonyBowd of Edvaton ond Gal E Tyler, Je Page Sofi (@) Reimbursement for Out of County Expenses. The Superintendent shall be reimbursed forall reasonable expenses incurred ouside Baldwin County, including travel expenses, ‘meals and lodging when attending meetings, conferences, hearings, seminars or other events related to his professional duties in accordance with regulations and policies ofthe Board, all of which ‘expenses shal be filly documented. (©) Elect Vehicle. The Superintendent shallbe provided fleet vehicletobeused in accordance with appliceble Board policies and procedures. In the event the Superintendent uses his personal vehicle, he hall be entitled to mileage reimbursement in accordance with applicable Board reimbursement rates. (Benefits. The Board shall provide the Superintendent as part of his ‘compensation those employee benefits applicable to other certificated employees incident fo their ‘employment relationship as determined from time to time by the Board, including, but not limited ‘o, retirement program, illness benefits and leaves (annual leave, sick leave and personel days). 5. Professional Lisbilitv, (©) TheBoard agrees that it shall defend, indemnify and hold the Superintendent hharmless ftom any and all demands, claims, suits actions, and legal proceedings brought agaist the ‘Superintendent in his offical capacity, as an agent and employee ofthe Board. The Board further agrees that it shall defend (bu not indemnify) the Superintendent fom any and all demands, claims, suits, actions and legal proceedings brought against the Superintendent in his individual capacity ‘Which arise outof the performance of his duties as Superintendent. The provisions herein shall apply provided that in ether case the incident arose while Superintendent was ating within the line and scope of his employment and excluding criminal litigation. In no case will individual Board Employment Conract Balin County Bourd of Education and Gxt E Tyler, J Pape 4001 ‘members be considered personally liable for defending, holding harmless or indemnifying the ‘Superintendent against such demands, claims, suits, actions, and legal proceedings. (©) TheBoard shall notbe required to pay the Superintendent foranycostsor fees incurred in any legal proceedings arising out of or related to any affirmative claim by the Superintendent against the Board. 6 Evaluation and Review. The Superintendent shall heevaluatel no lest than anmally ‘withthe first evalustion being completed on or before June 30, 2016. The evaluation shall be conducted in accordance an evaluation instrument as epproved by the Board, or as required or hereafter established by the Alabame State Department of Education. Based on the review and evaluation, the Board may, in its sole and absolute diseretion, consider increases in benefits and salary and other action consistent with this Contract. In addition to the foregoing, the Board will ‘endeavor, in cooperation withthe Superintendent, to develop measurable annual goals and objetives to further assist the Board in evaluating the Superintendent's performance. 7. Texmination of Employment Contract. This Employment Contract may be terminated by the Board without further obligation in the following circumstances: (0) Mutual agreement ofthe parties. (©) Retirement of Superintendent, (©) Disability of Superintendent, as defined below. (@ Contract Buy-Out, as defined hereafter (©) Discharge for cause, as defined hereafter. (Expiration of Contact. (@) Death of Superintendent _Eaploymeal Coaueat Baldwin Com Bond of Eincaton and Ca E Tye, Jr Page Sof? 8. Disability (@) Disability. In the event that the Superintendent is unable to perform his duties 5 such beease of physical or mentlinfimitss, disease, or other condition for a period of 90 consective days, tenth Board may teint this Contract ad the appointment upon which tis based, IF question rises conceming the capacity of Superintendent o perform his duties as such, ‘he Board may require the Superintendent to submit medical examination tobe performed by 4 doco licensed to practice medicine inthe Sateof Alabama, The Board and Superintendent shall mutually agree upon the physician who shall conduct the examination, or in the event of Aisagreement selec a panel of tree membes, one designated by each pty, andthe tid to be selected bythe designated two, to conduc the examination. The examination shall be conducted at the expense of the Board. The physician shall limit his report to the fasve of whether ‘Superintendent has a continuing disability which prohibits him from performing his duties. The finding in said report shall be binding on bot partis. (©) Salary. This pararaphshal not be consred to require the Board to pay ny selaryto the Superintendent beyond the acimlatd sick or disability leave days and vacation days cor othe leave days acerued by th SuperintenSent which may be wsed by him during any disability ‘The Board shall ot be obligated to make any atonal payment tothe Superintendent inthe event of dsa (©) Other Benefits, The provisions hereof shall not be deemed to affet any other ‘benefits which may be available tothe Superintendent, including, but not imite to, those available ‘under the applicable retirement program, heath insurance, worker's compensation or otherwise, _Employmant Conrace Baldwin County Bord of Eduction sod Gal Tye, ~—~—~S~*~*«S ig SET 9. Death During Employment. If Superintendent shall die during the term of his employment, the Board of Eévcaion shall pay to the estate of Superintendent the compensation Which otherwise would be payible to Superintendent up to the end of the month in which Superintendent's death occurs. Thereafter, the Board of Education shall have no further responsibiliies hereunder, and this Contract shall ermine automatically. The provisions hereof shall note deemed to affect any other benefits which may be availabe to Superintendent, including, but not limited to, those available under the spplicable retirement program, health insurance, worker's compensation or otherwise. 10. Contact Buy-Out. Atany ime, the Board may, at option, with or without cause, snd withthiny (30) day writenctieto the Superintendent, buy-out the Superintendents Contract nd terminate this Contract a any regular meting ofthe Bosrd Inthe event of such buy-out, the Board shall pey othe Superintendent severance pay in acordance herewith. The severance pay shall for consist of and be li ited to, the salary and benefits which Superintendent would have ret the lesser of (i) the balance of the remaining Contract term; or (if) one (1) year (the “Buy-Out Term”), minus any subsequently eamed salary. Stated otherwise, inthe event ofabuy-out, the Board will continue to pay the Superintendent on a monthly basis his salary and benefits forthe Buy-Out Term, but this monthly amount shall be reduced by any salary and benefits received by the ‘Superintendent from other employment during the Buy-Out Term, ‘To buy-out this Contract under this provision, the Board shall notify the Superintendent of its election to buy-out the Contract and the effective date of buy-out, Notice shall be in writing, personally delivered to the Superntendent or mailed by certified mail, retum receipt requested, postage prepaid addressed tothe Superintendent at his last known address as disclosed for income Employer Conc Baldwin County Board of Eduaton and Gui. Tylen Je ~S~*~*~*S ge PD tax purposes othe Board's busines office, If mailed, such notice shall be considered effective when mailed, irrespective of when received. Upon notification and payment, the Superintendent shall hve no father ight or claims whtsoevr aginst the Board the indvidal members thereof othe Board of Education garding the Supeintenden’s employment andthe Superintendent shall bedeemed to haveresigned the Superintendent's postion or any employment as ofthe elestivedate ofthe buy-out 11, ExtensionCanal (©) The Board agrees thatdurng the term ofthis Contac hat wil undertake 00d fit notations tthe request ofthe Superintendent to consider appropriate extensions tothe tem ofthe Contac. tn addition tothe forgoing, the Board wil use its best efoto notify the date ofthis Contact of the Superintendent no less than ninety (90) days prior to the expirat Boards intention to re-hire the Superintenden foran atonal term, Provided, however, the failure on the part ofthe Board to provide ninety (90) days notice as provided for inthe preceding sentence Shall not operate to extend the Superintendess Contact. (©) Theparties acknowledge the nacesity that the Bosrd have adequate time to hia replacement and inthis repard the Superintendent wil give the Board no less than ninety (90) days written notice prior tothe effective date of his resignation, retirement, or other voluntary separation fom employment. In addition, the Superintendent wil givethe Boardno les than ninety (00) days written notice prior to end ofthe term ofthis Contract, or any extension thereof, of his intention not to seek reappointment fora new term, Employment Conant Bldwa Couly Hoard of Eancauon and Ca E Tye Page bald 2. Dis cs (©) The Board may discharge the Superintendent for cause. Grounds for Aischarge for cause may include but are not limited to the following: unprofessional conduct, incompetency, insubordination, neglect of duty, immorality, unsstisfictory performance cvalvation(s or other good and jut cause, but no for personal or politcal reasons. (b) Notice ofischarge for cause shall be given in wrtingand the Superintendent shall be ented to appear before the Board to contest such causes. At contested hearing, which shall be conducted in executive session atthe request ofthe Superintendent (unless specifically prohibited by law), Superintendent shall have the right to appear with or without counsel and shall have he ight tobe heard and to presen testimony of witnesses and ater evidence bearing upon the ‘reasons forthe proposed cancellation ofthe Contras, and shall have rightto cross-examine adverse witnesses. (©) After the presentation ofthe evidence, the Board shall determine whether termination ofthe Contract for cause is warranted. The Board shall advise the Superintendent ofits

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