‘STATE OF NORTH CAROLINA BEAUFORT COUNTY ADDENDUM TO EMPLOYMENT CONTRACT FOR SUPERINTENDENT ‘The Beaufort County Board of Pducaton, hereinafter referred to as “Boer; and Dr. Donald Phipps, hereinafler refered to as “Superintendent,” agree to the following amendments to the ‘Employment Contract for Superintendent made and entered into between te partis on the 9 day of | December 2009 (the “Contract") 1. ___ Revision to Term. The parties agree to extend the Contract’s termination date from June 30,2013 io June30, 2015. ‘This change shall ake effet on Jly 1, 2011 2, "_Contcact Otherwise Unchanged. The partes wpree that nal other respects, except as specifically amended by fully-execuled written addendums fo the Contact, the Contract remains ‘unchanged and all ofits tems remain in fll force and effect and asa binding agreement between the parties. IN WITNESS WHEREOF, the Board and Superintendent have approved this Addendum ‘upon the conditions stated above this 19" day of April 2011, Witness the following signatures and seals: BEAUFORT COUNTY BOARD OF EDUCATION (SEAL) (SEAL) SUPERINTENDENT — {0p ____ sean De Donal ipsSTATE OF NORTH CAROLINA BEAUFORT COUNTY EMPLOYMENT CONTRACT FOR SUPERINTENDENT THIS AGREEMENT, made and entered into this © day of December 2009, by land between the Beaufort County Board of Education, hereinafter refered to as ard” and Or. Donald Phipps, hereinafter referred to as "Superintendent WHEREAS, the Board desires to provide the Superintendent with 2 wien employment contract in order to enhance administrative stabity and continuity within the schools which the Board believes generally improves the quality of its overall educational program: and WHEREAS, the Board and the Superintendent believe that written employment contrac is necessary to describe specifically their elationship and to serve as the basis of effective communication between them as they full their governance and ‘administrative functions n the operation ofthe education program of the schools; NOW, THEREFCRE, the Board and the Superintendent, for the consideration herein specified, agree a flows: 1. TERM, The Board, in consideration ofthe promises, herein contained, of the Superintendent, hereby employs Or. Donald Phipps as Superintendent of Schools for a term commencing January 11, 2010, and ending June 30, 2013, ‘The Board may by specific action and with the consent of the Superintendent ‘extend the termination date ofthe existing Contract to the extent permitted by state law. 2. LICENSE. The Superintendent shall furnish throughout the term of his‘employment as Superintendent a valid and appropriate license to act as Superintendent as prescribed by the laws of this state and by the regulations ofthe State Board of Etucation 3. DUTIES. The Superintendent agrees to discharge faithfully all lawful duties imposed upon him as Superintendent of the Beaufort County Schools administrative unit by the State Depariment of Public Instruction, the State Board of Ecucation, the Board of Education of the Beaufort County Schools administrative unit, andlor applicable state andlor federal law and administrative regulations. In addition, the Superintendent agrees to implement all polices adopted by the Beaufort County Beard of Education and directives issued to him by the Beaufort County Board of Etucation. The Superintendent shall take such action as the Board may direct from time fo time to improve the relationship between the Superintendent and the commun, the Superintendent and his staff, the Superintendent and the other employees of the Beaufort County Schools administrative unt, andr the Superintendent and the Board ‘The Superintendent shall ave charge of the administration ofthe schools under the direction of the Board. He shall be the chief executive offcer of the Board; shall serve as secretary tothe Board: shal direct and assign teachers and other employees of the schools under his supervision; shall have freedom to organize, reorganize and arrange the adminstative and supervisory staf, including instruction and business afeirs, as best senes the Beaufort County School System, provided that the ‘Suoerintendent shall select and transfer all personnel subject to the approval of the Board; shall have the thority to immediately accept resignations of personnel, for and ‘on behalf of the Board; shall from time to time suggest regulations, rules and 2Procedures deemed necessary for the orderly administration of the schoo! dstict, and in general perform all duties incident to the office of the Superintendent. The Board, Individualy and collectively, promply shall reer cricisms, complaints, and suggestions called to it attention to the Superintendent for appropriate and prompt study, ‘commendation, and response and shall refrain frorn individual interference with the ‘ministration of school policies except through Board action, The Superintendent ‘hall have the right to attend all Board meetings and all Board committee meetings, except a meeting called to discuss the Superintendent's evaluation, and he shall have the right to provide administration recommendations on each item of business considered by the Board and its committees. This is an agreement forthe performance ©! professional services as Superintendent by the Supetintendent, who shall not be assigned to any other positon or have his duties reassigned to others without his consent 4. COMPENSATION. ‘A. The salary for the Superintendent for each year of employment pursuant o this Contract shall be comprised ofthe following: (the maximum yearly amount on the State Salary Schedule for Superintendent I; plus (i) the yearly State-approved doctorial supplement for ‘Superintendents; plus (ii) the yearly longevity pay based on the State Schedule and local Board policy; plus (i) local supplement in the amount of $12,000 per year. 3The siate portion ofthe Superintendent's salary shal increase each fiscal year by the percentage increase of the state adopted Central Office administrative pay Increases. At no time shall the Superintendents salary be decreased during the term of this Contract. 8. The aggregate annul salary paid the Superintendent from state and local funds shall be paid in equal monthly instalments in accordance with the rules of ‘the Board governing payment of other professional employees of the school ‘administrative unt C. The Superintendent shall be paid any state adopted Central Office administrative financial bonuses. 5. VACATION AND OTHER BENEFITS. ‘A, The Superintendent shall receive annual leave, sick leave, health insurance, and other benefits generally applicable to other 12 month licensed administrative employees of the Board as provided by state law and North Carolina State Board of Education regulations. Annual leave and sick leave shall be taken in accordance with Board poly and State Board of Education regulations. Vacation and Sick leave may be carried forward as provided by law and Board policy, and payment for ‘ny acerved and unused veeation leave at te leinination ofthis Contract shal be ‘made in accordance with Board pofcy B. The Board, at the request of the Superintendent and in accordance With state law, shal withhold and transfer an amount of salary annually, semi-annually ‘or monthly, said amount to be determined by the Superintendent, from theSuperintendents salary into any anruity or retirement program chosen by the Superintendent. ©. The Board shall pay the Superintendent's membership charges, not to ‘exceed Two Thousand and 00/100 Dellars ($2,000.00) annually, for membership in professional or civic organizations which the Superintendent feels are necessary to maintain and improve his professional skils, civic invoWwement, or to advance the ‘mission ofthe Beaufort County Board of Education. D. The Board shall provice the Superintendent with a celular or digital telephone, laptop computer, and other electronic devices for effective modem communication. The Superintendent shall be reimbursed for the cost of schoo! business cats made on the cellular or digital phone in excess of any monthly caling limits. All maintenance and other monthly or recurring charges for the electronic equipment provided pursuant to this paragraph shal be at the expense of the Board, and all such equipment shall :emain the property ofthe Board E. The Superintendent stall be provided the use of @ vehicle for job- Felated and incidental travel within Beaufort County. The Superintendent shal also have the right to use the vehicle fr job-rlated travel outside of Beaufort County. The Superintendent shail be solely responsiti for any personal federal, stale or local tax expenses associated with the Superintencents use ofthe vehicle 6. PROFESSIONAL GROWTH OF SUPERINTENDENT. The Board expects the Superintendent to continue His professional development and expects him 'e participate in relevant learning experiences, The Superintendent should attend ‘appropriate professional meetings atthe local and state level, and out-of-state meetings 5with the prior approval ofthe Chairperson of the Board. The actual expenses of said attendance will be paid from the current operating funds ofthe Beaufort County Schools in an amount and manner prescribed by Board policy. The Superintendent shal le itemized expense statements with the finance offcer for reimbursement of these expenses in accordance with Board Policy. The Chalrperson of the Board shall have ‘uthorty to approve such reimbursement. Requests for reimbursements of actual ‘expenses in excess of Board approved per diem must be adequately documented and ‘approved by the Chairperson of the Boa. 7. EVALUATION. The Board shall meet wih the Superintendent annually to identiy the Superintendent's annual performance goals. The Board shall provide the ‘Superintendent with periodic opportunites. to diecuss Superintendent Board ‘elatonships. The Board shall provide the Superintendent wih a writen annual ‘evalua of his performance. 8. PROFESSIONAL LIABILITY. The Board agrees that i shall defend, hold hharmiess, and indemnify the Superintendent from any and ali demands, claims, suis, actions and legal proceedings brought agsinst the Superintendent in his indivi capacity, or in his individual capacity as agent and employee ofthe Board, provided the incident giving rise fo any such demand, claim, suit, action or legal proceeding arose while the Superintendent was acting within the scope of his employment; and provided further, that such liabilly coverage is within the authorty ofthe Board to provide under state law. The Board shall provide indemnity from liability 3s set forth above for all claims made and o:curtences throughout the term ofthis Contract and any extensions thereof. In no case wil individual Board members be considered personally liable for 6indernitying he Superiniendent against such demands, claims, suits, actions and legal proceedings. 9, MEDICAL EXAMINATION. The Superintendent hereby agrees to have an annual medical examination paid for by the Board. A statement from a icensed Physician of the Superintendents choice, certifying to the physical competency of the Superintendent to ful his duties and responsibilities, shall be fled with the Chairperson of the Board and treated as confidential information by the Board, and i the Board deems it necessary, the Superiniendent agrees to authorize his physician to provide the Beard witha copy of the complete results of his medical examination, tn the event of iiness, the Superintendent, upon request by the Board, shall furnish additonal witten medical records to the Board and these shall be treated as confidential information 10. DISABILITY. If the Superintendent is unable to perform his essential functions by reason of disablty, and efforts to reasonably accommodate his dsabiity do not enable him fo perform his essential functions, and if the dlsabiity exists for @ Period of more than ninety (@0) days beyond the period of time which the ‘Superintenden: would have been entied to take as sick leave or vacation leave, of both, the Board may. at is option, terminate this Contract whereupon the respective duties, rights, and obligations hereof shall terminate, The Board will cooperate fully with the Superintendent in his application for disability benefits. 11. EXPENSES. The Board shall reimburse the Superinendent for reasonable expenses incurred by the Superintendent on behalf of the Board in the amount and manner prescribed by Board policy. The Board recognizes that the 7Superintendent shall incur such expenses from time to time as the Boards representative in the pursuit of educational excellence, private funding, grants and for ‘ther reasons. The Superintendent shall fle itemized expense statements with the finance officer for reimbursement of these expenses. The Chairperson of the Board shall have authority to review and approve such reimbursements, The Chairperson of the Board shal report any such approved reimbursements to the Board. 12, INFORMATIONAL REPORTS; OFFICIAL STATEMENTS. To the extent allowed by applicable law, administrative regulation, or poly, the Superintendent shal inform the Board regarding events within the Beaufort County Schools administrative Unit, The Superintendent shall not make or issue any official statement on behalf ofthe Board without the Board's prior approval of the statements content. The Board recognizes, however, that tie Superintendent has the authorly, duty and responsibilty to promptly make public statements on important issues or events in his role as Superintendent and that ofen these issues and events do not allow for formal Board approval ofthe Superintendent's statements. 13, CONSULTING AND OUTSIDE EMPLOYMENT. Throughout the term of employment specified in tis Contract, the Superintendent shall devote his time, sil, labor and attention to performing the duties of Superintendent of the Beaufort County ‘Schools administrative unit The duties and responsibilities of the Superintendent ‘equire fulltime employmert and frequently require that the Superintendent attend to his duties during the evenings, weekends and holidays, The Superintendent shall not ‘accept any outside employment tha in any manner interferes withthe performance of his duties and responsibil as Superintendent of the Beaufort County Schools. The 8Superintendent may, however, accept speaking engagements and may accept appointments to foundations, boards, or commissions that do not interfere with the Performance of his duties under this Agreement 14 CONFLICT OF INTEREST PROHIBITED, The Superintendent ‘acknowledges that he has read and understands the confit of interest statues of the Slate of North Carolina and agrees to comply withthe statutes and any other State laws 0r Board policies relating to conflicts of interest 18. RELOCATION EXPENSES. During the term of this Contract, the Superintendent shall reside within Beaufort County. The Board shall reimburse the ‘Superintendent for reasonable relocation expenses incurred by him in relocating from Fayetteville, North Carolina to a place of residence inside Beaufort County. The Superintendent shall obtain at least two wrtlen estimates for relocation to Beaufort County. While the Superintendent is free to use any moving company he chooses, the Board shall only reimburse the Superintendent in the amount charged or that would have been charged by the company submitting the lowest estimate, 16. TERMINATION OF EMPLOYMENT. Throughout the term of this Contract the Superintendent shall 9e subject fo discharge for good and just causes as provided by North Carolina General Statute 115C-274, provided, however, thal the Board does not arbitrarily oF capriciously call for his dismissal and that the Superintendent shall have the right to written charges, a fair hearing before the Board, and ten (10) days’ written notice of said chaiges and hearing unless the Board shall find an emergency to exist requiring a shorter time of notice, which time shall be fixed by the Board. At any said hearing before the Board, the Superintendent shall have the right to be present and 8to be heard, to be represented by counsel and to present through witnesses any testimony relevant to the issue. Ifthe Superintendent chooses to be accompanied by legal counsel at the hearing before the Board, he will assume the cost of his legal expenses. A transcript of the record ofthe proceedings before the Board shall be made ‘available without charge to the Superintendent i the Board elects to terminate the Superintendent 17. UNILATERAL TERMINATION BY THE BOARD. The Board may. atts ‘ption, unilaterally terminate this Contract. In the event of such termination the Board shall pay to the Superintendent, as severance pay, the annual aggregate salary he ‘Would have eared pursuant to Section 4A of this Contract for the upcoming eighleen (18) months of the Contractor the remaining time of the Contract, whichever is less. If, however, the Board unilaterally terminates this Contract within the first twelve months of employment, the Superintendent shall be entitled to the annual aggregate salary he ‘would have earned pursuant to Section 4A ofthis Contract fr the upcoming twenty-four (24) months of the Contract. In the event that the Board offers to terminate the Contract by paying the amount specifed herein, the right to @ hearing before the Board, as specified in Section 16 above, and the right to appeal the Board's actions shal be considered waived by the Superintendent. 48. RESIGNATION. The Superintendent shall give at least ninety (20) calendar days' writen notice tothe Board If he intends to resign prot tothe end ofthe term ofthis contract or extensions thereto. In the event that he falls o give the required notice, the Superintendent agrees fo pay the Board Ten Thousand Dolars (10,000) Which the parties agree is a reasonable and proper measure of damages that will be 10incurred by the Board by an untimely resignation by the Superintendent. Furthermore the Board, in its sole discretion, may terminate this Contract at any time after the Superintendent has given writen notice that he intends to resign prior tothe end of his term of employment. In such event the Superintendent shall be entied to be paid through the date cf his resignation and paid for any unused state accrued annual leave: the provisions of Sections 16 and 17 of this Contract shall not apply and, if the Superintendent has given 90 days’ prior written notice of resignation, the $10,000 damage payment described above shall be waived. In addition, if an unexpected severe medical condition or emergency arises that directly involves the Superintendent or his spouse which prevents the Superintendent from giving 90 days’ prior written notice of resignation, the $10,000 damage payment described above shell be waived 18, APPLICABLE LAW. This Contract shall be governed by applicable law of the State of North Carolina, including but not limited to Article 18 of Chapter 115C of the General Statutes ef North Carolina. The invalidity of any provision ofthis Contract shall ‘ot affect the validly of any other provision of this Contract. This Contract shall become effective upon execution by he partes and upon formal approval by the Board 20. AMENDMENT. The Contract may be amended curing its term by mutual writen consent of ne Board and the Superintendent. Any such amendment shall be in wating, approved by oficial action of the Board, and accepted in writing by the Chairperson ofthe Board and the Superintendent. 21. CAPTIONS. Captions are inserted for purpose of convenience only and {are not intended to limit or otherwise restrict the content of any section ofthis Contract, "22, FILING. A copy of this Contract shal be filed wit the Superintendent of Public Instruction in North Carolina before the Superintendent is eligible to assume off. 23, ENTIRE AGREEMENT. The partes hereto agree that this instrument contains the entire agreement between them as ofthis date, and that it has not been induced by elther party by representations, promises, or undertakings not expressed hetein, and that there are no colateral agreements, sopulations, promises or "understandings whatsoever by the respective partes in any way affecting the subject _matter ofthis Contract which are not expressly contained inthis instrument IN WITNESS WHEREOF. the Beaufort County Board of Eeucation has approved the employment of the Superintendent for the period and upon the conditions stated ‘above, and the Superintendent has accepted the same, Wiiness the following signatures and seats: ‘SUPERINTENDENT BEAUFORT COUNTY BOARD OF EDUCATION (SEAL) Dr Donald Prifps* (SEAL) jclcher. Chairperson (SEAL) ‘Wac Hofiges, Vice Chairperson 2