‘STATE OF NORTH CAROLINA ‘COUNTY OF NEW HANOVER INTERIM SUPERINTENDENT CONTRACT ‘The NEW HANOVER COUNTY BOARD OF EDUCATION (the "Board") employs Dr. ‘Adelphos J. Bums (“Interim Superintendent” of “Dr. Burns") asthe Interim Superintendent for the NEW HANOVER COUNTY BOARD OF EDUCATION , and enters into this contract with the Interim Superintendent this 27th day of February, 2020, under the following terms and ‘conditions 1, Contract Term, Job Titles and Compensation The Board hereby employs Dr. Buns, and Dr. Burns accepts employment as Interim Superintendent of the NEW HANOVER COUNTY BOARD OF EDUCATION , s follows: Dr. Burns will serve asthe Interim Superintendent from March 2°, 2020 to September 2nd, 2020, unless this Contract is terminated pursuant to paragraph 8. Dr, Burns will ecsive a salary ‘of $22,100.00 per month, pro-rated for any partial months of employment. Dr. Burns’ salary as Interim Superintendent shal be paid monthly in accordance withthe rules of the Board governing ‘payment of other professional employees ofthe New Hanover County Schools. ‘The Board and Dr. Bums agree that Dr. Burns shall work an average of 29.5 hours per ‘eek during the term ofthis Contract, but Dr. Burns shall not exceed an average of 30 hours per ‘eck. Dr. Bums shall be responsible for establishing a schedule that averages 29.5 hours per week without exceeding an average of 30 hours per week. ‘The schedule shall include attendance at regular and special Board meetings. ‘The Board and Ds. Bums agree that Dr, Burs shall be responsible for the costs and expenses associated with commuting to and from his home. Dr. Buns shall be responsible for his travel within New Hanover County2. Oath of Office Dr. Burns shall take the oath of office required by N.C. Gen. Sta. § 115C-272 before assuming the duties of Interim Superintendent 3. Professional Certification Dr. Bums shall hold or be eligible to hold throughout the tem of his employment a val and appropriate certificate to act as superintendent as prescribed by the laws ofthe State of North Carolina and the regulations ofthe North Carolina State Board of Education (hereinafter called the “State Board") 4, Interim Superintendent Duties During the period that Dr, Burs serves asthe Interim Superintendent, he shall have the fall powers duties and authority ofthe superintendent, as conferred and imposed bylaw and Board policy, subject to those powers which are reserved tothe Board by law, Boar policy, or Board decision. In edition, Dr. Bums wil prepare the schoo! system forthe appointment ofa permanent supetintendent and will make recommendations as appropriate fr the confined future success of the school system, 3 at Meeting ‘While serving asthe Inerim Superintendent, Dr. Bums shall attend and patciate in all required me 1 and programs of the State Board of Education, the State Superintendent of Public Instrution, the State Department of Public Instruction, and such other organizations. The expenses of attendance at such meetings and programs (including out-of county travel, meals, and lodging) will be paid by the Board atthe rates and maximums applicable to state employees. Dr. ‘Bums shall Sle itemized expense statements with the School Finance Officer of the Board for reimbursement of such expenses in accordance with Board policy. Requests for reimbursement ofexpenses in excess of hase allowed by this contract or Board policy must be approved in advance and in writing by the Chir ofthe Board 6. Leave and Other Benefits For Interim Superintendent 'A. Inetering this Contract, the Interim Superintendent isnot eligible for employee benefits such as sick leave, annul vacation lave o longevity B, The Board shall provide the Interim Superintendent an electronic handheld device for telephone calls and acces to work e-mails, The Interim Superintendent shall reimburse the Board forthe cos of any personal telephone call, texts or ater use ofthe device in excess of any ‘monthly service limits, The Boar shal provide the Inerim Superintendent witha laptop for work related business use ouside ofthe office. ll maintenance and other monthly or recurring charges {or the electronic equipment provided pursuant to this paragraph shall be atthe expense of the Board, and all such equipment shall remain the propery ofthe Board C. Dr: Bums specially waves the right to receive ay contsbutions this retirement account, While the Board and Dr. Burs in good faith do not believe that this Agreement will affect Dr. Bums’ retirement status, Dr. Burs acknowledges and agrees that hei solely responsible for any changes in his retrement status eased by his employment with the Board 7, Conllic of Interest Prohibited De Burns acknowledges that he has read and understands the confit of interest statutes ofthe State of North Carolina and will comply with sid statutes, as well as any Board policies and State Board policies relating to conflicts of intrest, bribes, kickbacks, gifts and favors. 8, TerminationThroughout the term ofthis Agreement, citer De. Burs or the Bord may unilaterally terminate this Contract t any time by giving one (1) day prior writen notice tthe oter pat, in ‘which case all compensation and other obligation on this contact wil cease onthe termination date 9, Outside Activities Dr. Bums understands and accepts that he wil serve as an employee of the NEW HANOVER COUNTY BOARD OF EDUCATION jin fulfilling the duties of the Interim Superintendent postion and thatthe performance ofthese duis shall be is rst and primary work priority, Nothing in this contact however prohibits Dr. Burns from continuing his role as an independent education consultant provided that his consulting services do not interfere with his bilg to flly perform his duties as an employee with the NEW HANOVER COUNTY BOARD OF EDUCATION In ths regard, the Board accepts that Dr, Burns may be absent on occasion while performing his consulting services withthe understanding that even during these absences _D. Burns will remain acessible by phone tothe school system. Is further understood that Dr. ‘Bums will occasionally have to place and receive telephone calls related to his consulting work, Such cals shall be limited s as not interfere with Dr. Bums’ performance of his duties under this contract, and Dr. Burs wil endeavor to conduct such calls in hs private time. In no event shall any calls associated with Dr, Burns consling work be made atthe Board's expense. tis the responsibility of Dr. Bums to ensure that no conic of interest arses between his ‘work as an independent education consultant and his position as an employee with the NEW HANOVER COUNTY BOARD OF EDUCATION . Dr. Bums expressly agrees to refrain from advertising himself as an employee of the NEW HANOVER COUNTY BOARD OF EDUCATION when providing consulting services; however, Dr. Burns is not prevented fromdisclosing the fact of his employment with the NEW HANOVER COUNTY BOARD OF EDUCATION or other information classified by law as public record, or ftom including his ‘employment withthe NEW HANOVER COUNTY BOARD OF EDUCATION on a resume, curriculum vite, or similar document deserting his professionel background. 10. Amendment ‘This Contrect may be amended during its term by mutual written agreement ofthe Board and Dr. Burns. Any such amendment shal ein writing, epproved by official action ofthe Boer, and excouted in writing on behalf ofthe Board by its Chir and executed by Dr. Bums. 11. Profesional Labi “The Bourd apres tat it shal defend, hold harmless, and indemnify De, Bums ftom aay and all demands claims, suits, ations, end legal proceedings brought aginst Dr. Burs in bis snvidual capacity, orin hs official capacity as an agent nd employee ofthe Board, provided the incident giving rise to any such demand claim, suit, stion, or legal procedings arose while Dr. ‘Burns was acting within the scope of his employment; and provided further that such Kbiity coverages within the authority ofthe Board 0 provide under state law. In no case will individual Board members be considered personally lisble for indemntying Dr. Bums against such demands, claims, suits etions and legal proceedings. 12. Governing Law “This Contract shall be governed and construed in accordance with the laws of the State of North Carolina,13, Publi Record, Placement in Personne Fie, and Filing with the State ‘Superintendent of Public Instruction The Board and Dr, Bums agree that this Contract is a public record as defined by North ‘Carolina law, thet this Contract shall be placed in the official personnel file of Dr. Bums ‘maintained by the Board, and that 2 copy of this Contract shall be filed with the State Superintendent of Public Instruction of North Carolin equied by Nomh Carolina law. 14, Severity fa specifi word, phrase, clase, sentence, paragraph, or any oer part ofthis Contract is ‘ris found tobe illegal or unenforceable under federal or state la, the emer of the Contract shall remain in fore. IN WITNESS WHEREOF, the NEW HANOVER COUNTY BOARD OF EDUCATION has approved the employment ofthe Interim Superintendent forthe period and pon the conditions stated shove, and the Interim Superintendent has aceeped the same, Witness the following signatures and seas: INTERIM SUPERINTENDENT NEW HANOVER COUNTY Km ‘delphos J. Bums =, Chairperson ATTEST: Tobe It. Boo" _ (sea) Board MemberPres ili This instrument has been pre-audited in the manner requi Control Act (GS. § 115C-441) 1d by the School Budget and Fiscal By: ‘Mary Hazel Small, Chet Financial Officer Date Signed: