WEST PERRY AREA SCHOOL DISTRICT CONTRACT FOR EMPLOYMENT OF DISTRICT SUPERINTENDENT ‘THIS CONTRACT is made and entered this 12" day of May, 2014, by and between the Board of Schoo! Directors of the West Perry School District with offices located in Eliotsburg, Pennsylvania (hereinafter referred to as Board’) and Dr. Michael ‘O'Brien, (hereinafter referred to as "Superintendent. WHEREAS, the Board, ata regularly scheduled meeting, duly and properly called on the 12th day of May 2014, did appoint Dr. O'Brien to the fice of ‘Superintendent in accordance with the provisions of Sections 608, 1071, 1073 and 1073.1 of the Commonwealth of Pennsylvania's Public School Code of 1949, as, ‘amended (hereinafter referred to as “Public School Code"); and WHEREAS, the parties have agreod upon certain terms and conditions of ‘employment and desire to reduce said terms and conditions to writing; NOW, THEREFORE, the parties, intending to be legally bound hereby, and in Consideration ofthe mutual covenants contained herein, set forth in writing, the mutual ‘and complete agreement between the Superintendent and the Board with respect o the terms and concltions of employment which are as follows: 1. Term. ‘The Board, in consideration ofthe promises herein contained, has employed Dr. Michael O'Brien and Dr. O’Brien hereby accepts said employment as Superintendent of the West Perry Schoo! District fr a five (5)-year term commencing on July 1, 2014 and ending on June 30, 2019 ("Term’) This Contract shall terminate immediately upon the expiration of the aforesaid Term Unless the Contract is sooner modified or terminated in accordance with this Contract or ‘allowed to renew automatically in accordance with Section 1073(b) of the Public School ‘Code or this Contract. 2. Professional Qualifications, ‘The Superintendent covenants that he possesses all of the qualifications that are required by law to serve as the Superintendent in the Commonwealth of Pennsylvania {and that he will maintain the same throughout the Term of this Contract. The Superintendent further agrees to subscribe to and take the oath of office before entering "upon his duties, in accordance with Section 1004 of the Public School Code. Page 4 of 143. Duties and Responsibilities. ‘A. During the Term ofthis Contract the Superintendent agrees to serve as Chief ‘Administrator of the District and Executive Officer forthe Board of School Directors, and to perform to the best of his abilties the duties of the ‘Superintendent in a competent and professional manner in accordance with the laws of the Commonwealth of Pennsylvania, the District's Job Description for the position of Superintendent (attached) and incorporated into this Contract as Appendix A, and the provisions ofthis Contract. B. The Superintendent shall be responsible forthe total day-to-day administration ofthe District subject to oficially adopted policies ofthe Board, Al official contacts between Board Members and the staff of the District shall be through the Superintendent, unless the Superintendent is unreachable and such communication is ofthe urgency to the operations or safety of the District. ‘The Superintendent shall be advised promptly of any communications which ‘occurred in ths situation. Nothing inthis section shall prclude the right of Board Members to exercise tholr responsiblies as a collective Board in the areas of monitoring District operations, conducting oversight activities, or visiting schools, as set forth in Board policy or directed by the Board, . The Superintendent shall have a seat on the Board of School Directors and the right to speak on all issues before the Board but shall nt have the right to voto. The Superintendent andlor his designee shall have Ue right to atlend all regular and special meetings of the Board and all committee meetings thereof, excepting those relating to tho Superintendent's own employment, and shall serve as advisor to the Board and its committees in all matters affecting the District. The Board and its members individually shall pompily refer all ‘ricisms, complaints and suggestions called to ls attention to the ‘Superintendent for study, disposition, or recommendation as appropriate . The duties ofthe Superintendent require his participation in professional associations and presence at numerous meetings, conventions, and Conferences in order to maintain awareness of current issues, programs and information. The Superintendent’ attendance at seminars, workshops, in service programs, school activites, and graduate education programs is ‘necessary to maintain the knowledge and skills required of his position. The District considers the expenses involved in such activites, including ‘membership dues and fees in at least three professional associations to be direcly elated to the Superintendent's duties and shall be paid for or reimbursed by the District in accordance with District policy and procedures. ‘The Superintendent may attend one national convention every two years, ‘subject to Board approval, during the term ofthe contract and attend local regional and state conferences to ensure thatthe Districts represented and informed of key politcal and educational issues, Page 20f 11. Superintendent shall have a comprehensive medical examination annually during the Term. The Superintendent hereby authorizes the consulting physician or health care provider to submit a statement certifying to the physical competency ofthe Superintendent which said statement shall be fled ‘withthe President of the Board of School Directors and shall be treated as Confidential by Schoo! District. The School istrict shall reimburse Superintendent for otherwise non-reimbursed expenses incurred with respect to each annual physical in an amount not to exosed One Hundred Fifty, ($150.00) Dotias, F. Superintendent shall maintain a residence within the boundaries ofthe District ‘The Board understands that this may not be the Superintendent's sole residenco and shall place no further specific requirements residency or habitation. The Superintendent shall secure such residence within 9 months (ofthe execution of this agreement. Compensation and Benefits. ‘A. Compensation Base Salary The base salary for the 2014-16 fiscal year will be set at '$129,000, which may not be proratod due to the Superintendent's stating date. Salary Increases Salary increase will be contingent upon achievement of proficient or distinguished in the preceding year's evaluation instrument. The minimum salary increment for each year of the compensation plan is a follows: 201546 2.0% 2017-48 2.0% 2016-17 2.0% 2018-19 2.0% B. Benefits: (1) Holidays The Superintendent will have all holidays included on the Schoo! Calendar plus July 4". If the holiday falls on the weekend or in the case of four day weeks in the summer on Friday, then the holiday willbe taken on ‘2 mutually agreed upon day just prior to or afer the holiday, (2) Vacation Days The Superintendent ill be awarded twenty (20) vacation days each July 1", Vacation days, up to a maximum of § days, may be carried over from year to year and will be included as sick days for the rotirement benefit. Vacations can be taken at any time and in any Page 3 of 14‘combination of days. The Superintendent wll consider the welfare of the District when scheduling vacations during the school year. All days Included in the school calendar as non-working days forthe professional siaff will also be non-working days for the Superintendent, (8) Sick Leave The Superintendent will be awarded twelve (12) sick days each July 1". Unused days will accumulate, including those previously ‘accumulated from previous employer prior to this contract. Carryover of lunused days from provious employer shall be limited to a maximum of 160 ‘days. For the purpose of carryover and acerual, days carried over from the previous employer shall be expendod fist. (4) Personal Days The Superintendent wil be awarded three (3) personal days each July ‘st. Any unused personal days shall become sick days at the end of each year. (6)Bereavement Leave In the event of the death of a spouse, child, ‘grandchild or parent, the administrator shall be provided a leave of up to five (5) consecutive work days with full pay. In the event of the death of other members of the immediate family, or Of a near relative, leave shall be provided in accordance with section 1184 of the School Code. (6) Jury Duty Jury duty will be compensated by full salary minus jury ‘compensation, (7) Sabbatical Leave The Superintendent will receive sabbatical leave as ‘outlined by the School Code of Pennsylvania, and subject to limitations as provided for in the Professional Teacher's Association Contract and District Policy #338. C. Insurance Coverage (1) Medical Insurance The Superintendent wil be provided Husband and Wife medical insurance under the District's PPO plan in place through the ‘South Central Trust or equivalent program through a successive provider. Employee contributions willbe 15% of the annual premium, (2) Dental and Optical Insurance Two party dental and optical insurance will be provided at no cost to the Superintendent under the dental and optical insurance plans in place through the District’ insurance provider. Page 4 of 14(8) Life insurance The District wil purchase, in the name of the ‘Superintendent, term life insurance in the amount of $250,000 forthe life of the contract. (4) Long term Disability insurance The District will provide the Superintendent with a disability insurance program that will cover his salary for a period of one year following the individual administrator's use ofall sick days. (6) Professional Liability Insurance The District agrees that it shall defend, hold harmless and indemnify the Superintendent from any and all, demands, claims, suits, actions and legal proceedings brought against him in his individual capacity, or in his offical capacity as agent and employee ofthe District, provided the incident arose while the Superintendent was, ‘acting within the scope of his employment and excluding criminal Itigation {and as such liability coverage is within the authority ofthe school board 10 provide under state law. Except 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. D. Provision of Cell Phone, IPad, and Laptop Computer The District expects the Superintendent to monitor the operation of the District and maintain ‘contact, as appropriate, during time out of the District. For that purpose the District shall provide a cell phone, with capabilities to send and receive email, text message and internet data, iPad and Laptop for the Superintendents use, ‘The Superintendent will reimburse the Distict $15 per month to cover the Cost of personal phone use. Such reimbursement shall be deducted from the. 1% pay of the month, ‘The District shall provide current technology needed to perform the duties Toquired of the Superintendent at no cost to the employee (exception of the '$15/month cell phone fee). At the time of retirement or resignation, the ‘Superintendent may purchase the equipment at a fair market value, E. Graduate Courses/Professional Development/Continuing Education Reimbursement for course costs shall be based on the standard cost per credit in the state university system. Tho institution providing the course(s) must be approved by the State of Pennsylvania, Depariment of Education. ‘The course, course of study and schoo! to be attended must receive advance ‘approval by the School Board and course must be successfully completed with @ minimum of "B" average or "Pass" grade before remuneration is, received. The courses must qualify under the Act 45 Guidelines to be reimbursed, providing the administrator is required to follow Act 45 Guidelines. Page § of 14F., Mileage Reimbursoment Mileage incurred inthe Superintendent's performance of job duties will be reimbursed at the IRS rate G. PostRetirement Benefits No provisions are included in this agreement for the payment of benefits after the retirement ofthe Superintendent, H. Pay out at Retirement For every unused sick leave day, which has been feamed in the West Perry School District, the District will relmburse the ‘employee the sum of $90.00 por day. ‘At the time the employee applies for the benefit under this provision, the ‘employee shall advise the Business Manager of where his reimbursement is to be allocated through the employer contribution plan (403b Plan). Section 403 (b) of the Internal Revenue Code of 1986 permits contributions to be ‘made to custodial accounts maintained by an employer to provide retirement benefits for employees of certain non-profit educational, charitable, humane and religious organizations. ‘The West Perry School District has adopted an agreement with a third party administrator for a 403 (b) custodial account plan with appropriate provisions for a 403(b)(7) Tax Sheltered Custodial Account Plan. Said plan Is available inthe Office of the Superintendent. ‘An employee who desires to receive this benefit or any portion thereof must submit a leter of retirement intent tothe School Board no later than Apri 1, of the year prior to retirement. The employee must also submit a formal retirement confirmation lelter to the District no later than two (2) months prior to the intended date of retirement or not later than March 1* for a retizement date at the conclusion of the current school year. If @ formal confirmation Jetter is not submitted, the employee must resubmit a letter of intent as per the guidelines for a’ new retirement date. If unforeseen circumstances ‘necessitate that an employee must announce his/her retiroment after April 1* of the year prior to retirement, the employee shall not be un-easonably denied the benefts of this Article. Conversely, if unforeseen circumstances necessitate that an employee revoke his retirement after submiting Intent to the Board, the employee shall not be reasonably denied revocation, ‘The Superintendent agrees to hold harmless and indemnify the Employer against any suits, claims, or other items that may arise out of the application of this provision. Page 6 of 14Assessmont of Performance, A. Evaluation The Board shall evaluate, in wring, the performance of Superintendent atleast once a year during the term of this Contract, no later than May 1Sth of each year, unless the parties mutually agree in writing on ‘another date for the annual evaluation, The annual performance assessment shall be conducted in an executive session limited to members ofthe Board ‘of Schoo! Directors and the Superintendent, An evaluation instumont and ‘method mutually agreed upon in witing by the Board and the Superintendent shall be utlized for the annual performance assessment. Provided, however, that any evaluation instrument and method selected shall require the Board of ‘Schoo! Directors to speak in one voice by voting as an entire Board rather, than “averaging” the feedback of each member regarding each aspect of the evaluation. In the event the Board consensus determines that the performance of the Superintendent is unsatisfactory in any respect, it shall describe in wiiing, in reasonable detail, the specific instances of Unsatisfactory performance. A copy of the written evaluation shall be delivered to the Superintendent. The Superintendent shall have the right to ‘make a written response to the evaluation. The Board's evaluations and the Superintendent's response(s) shall be totally private and in no manner become public knowledge or conversation, except as otherwise expressly Fequired by state of federal law. The Superintendent's performance shall be doomed satisfactory and the Superintendent shall not be subject to discipline, sscharge or termination on the basis of neglect of duty or ineompetenoy in ‘any year when a formal performance assessment is not completed in accordance with this Contract. B. Performance Expectations and Objective Performance Standards ‘The performance ofthe Superintendent shall be ascossed in part against the. objective performance standards and/or goals that have been mutually ‘agreed upon by the Board and the Superintendent. The Board shall post the ‘mutually agreed upon objective performance standards andlor goals on the District website and shall also annually post the date ofthe Superintendents ‘annual performance assessment and whether or not the Superintendent met the agreed upon objective performance standards andior goals. No other information regarding the Superintendent's performance assessmant shall be posted on the District website or in any other manner disclosed by the Distict Lnless expressly required to do so by state or federal law. The Board and ‘Superintendent hereby mutually agree to the objective performance standards and/or goals which are attached hereto as Appendix B and incorporated herein by referenco, and which shall be reviewed July 1* of each year ofthis Contract unless another date is mutually agreed upon by the Board and Superintendent. Page 7 of 146. Investigations by the Board. In the event that the Board of Schoo! Directors directs that any investigation ofthe Superintendent's conduct or performance be undertaken, the Superintendent shall be €@) Notified ofthe occurrence and purpose of such investigation priar tothe ‘commencement of the same ») Granted access to all documents or reports generated by such an investigation, except where disclosure of those documents may infringe on the legal rights of others ©) Granted the opportunity to respond, verbally or in writin, to any documents, findings or conclusions derived from such an investigation Prior to the investigation being concluded. ‘Any investigations undertaken by the Board shall be completed in private without ‘any public disclosure by the Board or the Superintendent ofthe commencement or progress of the same. 7. Professional Liability, ‘The Board agrees that it will defend, hold harmless and indemnify the ‘Superintendent from any and all demands, clalms, suits, actions and tegal proceedings brought against the Superintendent in his individual capacity orn his oficial capacity as agent and employee of the Board, provided the incident arose while Superintendent was acting, or reasonably believed he was acting, within the scope of his employment. This obligation shall survive the termination ofthis Contract. 8. Othor Duties, Assignments or Commissions, ‘The Superintendent shall devote his time, attention and energy to the business of the District. However, he may serve as a consultant to other districts or educational agencies, lecture, engage in wilting activities and speaking engagements, and engage in other activities that are of a short-term duration at his discretion, provided such activities do not distract or hinder the Superintendent in the execution of his duties. The Superintendent shall make the Board aware of any such engagements. ‘The Superintendent may at his option continue to draw a salary while engaged in the outside activity as described above. In such cases, the Superintendent shall retain the honoraria pald the Superintendent in connection with these activites, The ‘Superintendent may choose to use vacation days to perform outside actives. The Board is aware that the Superintendent is involved with a family farm, Page 8 of 119. Reappointment ‘The Board shall provide the Superintendent with periodic opportunities to discuss the Superintendent-Board relationship and shall inform him in writing at least annually of any inadequacies perceived by the Board. If, at any time, the Board of School Directors decides that it does not desire to renew the contract of the ‘Superintendent for another term, the Board shall notify the Superintendent in writing by certified mail, no later January 15, 2019 of the Board of School Directors’ intent ‘otto reappoint him. Should the Superintendent not be so notified, he shall be reappointed at the next regular business Board meeting following February 15, 2019, for a term of 5 years and the terms and conditions ofthis Contract shall be incorporated into a successor contract unless mutually agreed otherwise by the Board and the Superintendent, 410.Termination ‘This Contract may be terminated prior to the end of the Term of this Contract as outlined in the folowing sections; no modifications will be made to the termination, severance or buyout provisions during the course of the agreement: ‘A. Tho Superintendent shall be subject to discharge and termination of this Contract {or valid and just cause for the reasons specified in Section 1080 of the Public ‘School Code. However, the Board shall not arbitrarily or capriciously call for tho ‘Superintendent's dismissal and the Superintendent shall in any event have the right to written charges, notice of hearing, fair and impartial hearing, all elements Of due process, end the right to appeal to a court of competent jurisdiction. At any such hearing before the Board, the Superintendent shall have the righ fo be present and to be heard, to be represented by counsel, and to present evidence, ‘through witnesses, testimony, and documentation relevant tothe issue. A {transcript of the record of proceedings before the Board shall be made avalable \without charge to the Superintendent. The Superintendent shall have the right to be represented by counsel at his sole cost and expense. Provided, however, if the charges against the Superintendent are not sustained and/or should the. Superintendent prevail in any hearing or appeal, the Board shall reimburse the ‘Superintendent for al lagal fees and expenses incurred by the Superintendent in the proceedings. BB. This Contract may be unilaterally terminated without penalty by the resignation of the Superintendent at any timo; provided the Superintendent gives the Board at least sity (60) days notice prior to the effective date of the resignation. If this, Contract is terminated in this manner, the shall immediately pay and provide to the Superintendent al of the aggregate compensation, salary, and benefits including, but not limited to, insurance premiums and coverages and payment for ‘unused leave, the Superintendent eared, accrued and/or is entitled to in ‘accordance with this Contract through the effective date of his resignation and termination ofthis Contract plus any applicable post-employment and retirement benefits provided for in this Contract. Page 9 of 14C. This Contract may be terminated by the mutual consent, In writing, ofthe ‘Superintendent and the Board, If this Contract is terminated in this manner, the District shail immediately pay and provide to the Superintondent al ofthe aggregate compensation, salary, and benefits, including but not limited to Insurance premiums and coverages and payment for unused leave, the ‘Superintendent earned, accrued and/or is entitled to in accordance with this Contract through the mutually agreed upon effective date of the termination of this Contract plus any applicable post-employment and relrement benefits provided for inthis Contract and any additional amount mutually agreed upon by the Board and Superintendent, . This Contract shall be terminated upon the death of the Superintendent, at which time, the District shall pay to the Suporintondent’s estate and/or heirs all of the aggregate compensation, salary, and benefits the Superintendent eamed, accrued andor is entitled to under this Contract through the date of the Superintendent's death, E, The Board of Schoo! Directors and Superintendent may negotiate a severance of the Superintendent's employment prior to the expiration of the term of this Agreement. In such event, the Board of School Directors may authorize a ‘severance payment to the Superintendent in accordance with the following: 1. Ifthe negotiated agreement takes effect two (2) years or more prior to the tend of the specified contract term, a severance payment not to exceed the equivalent of one (1) year's compensation and benefits otherwise due tunder the contract. 2, Ifthe negotiated agreement takes effect less than two (2) years prior to the end of the speciied contract term, a severance payment not to exceed the equivalent of one-haif ofthe total compensation and benefits due under the contact for the remainder of the term, 11. Modification, ‘This Contract shall not be amended, changed or modified, except in writing approved of and signed by the Superintendent and approved of by the Board and signed by a duly authorized officer(s) of the Board, 12, Savings. ‘Should any provision of this Contract be declared ilegal or unenforceable by a ‘court of competent jurisdiction, said provision shall be deleted from this Contract, tothe extent that violates the law. The remaining provisions shall remain in full force and effect for the duration ofthe Contract ifnot affected by the deleted Page 10 of 11Provision. if any time thereafter such provision shall no longer confict wit the law, then it shall be deemed restored in full force and effect as iit had never been in conflict withthe law. 13, Obligations. This Contract shall be binding upon and shall inure to the beneft of District and its duly authorized representatives and successors. This Contract shall be binding upon and shall inure to the benefit of the Superintendent and, to the extent applicable, his personal representatives and heirs. 14.31 Rofor ‘All references to the Public School Code contained herein shall also refer to and. incorporate any amendment or recodification of the Public School Code 415. Applicable Law. This Contract shall be govemed and construed in accordance with the laws of the Commonwealth of Pennsylvania, IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hhave caused this Contract to be duly executed the day and year first written above. &/14 [aor Date arrest: Sfrofaotd Soreaty/ Board Schoo! Dieciore ae Dr. Michael O'Brien: By: hb 2, District Supsrintsndont Page 11 of 11