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STATE OF GEORGIA

COUNTY OF CHATHAM

CONTRACT FOR EMPLOYMENT FOR SUPERINTENDENT

THIS CONTRACT AND AGREEMENT, made and entered into effective as of the 1st
day of July, 2022, by and between the Board of Public Education for the City of
Savannah and the County of Chatham, hereinafter referred to as "Board", and, Marie
Ann Levett, hereinafter referred to as "Superintendent."

W I T N E S S E T H:

WHEREAS, the parties desire to enter into a Contract whereby Superintendent will
be employed by the Board as Superintendent of the Savannah Chatham County
School District, hereinafter referred to as the “District” or “School District”;

NOW, THEREFORE, in consideration of the promises stated, the mutual promises


hereinafter expressed, and other good and valuable consideration, receipt of which is
hereby acknowledged, it is hereby agreed as follows:

I.
CONDITIONS OF EMPLOYMENT

(1) Term of Employment: The Board hereby employs, and Superintendent hereby
accepts employment, as Superintendent of Schools of the Savannah Chatham County
School District, pursuant to O.C.G.A. §20-2-101 et seq. Employment under this
Contract is effective as of July 1, 2022, and shall terminate, unless renewed or
extended, on June 30, 2024, or unless terminated pursuant to Item IV herein below.
Where the term “annual” is used in this Contract, it refers to the one year periods
beginning July 1, 2022 and July 1, 2023.

(2) Duties: Superintendent shall be the Chief Executive Officer of the School
District with all duties and responsibilities as a superintendent as provided by State
law during the term of this Contract, including O.C.G.A. § Title 20, et seq., the
Regulations of the State Board of Education, all of which may be amended from time
to time. All employees shall be employed by the Board only upon recommendation of
the Superintendent. Without the written consent of the Superintendent, the Board
shall not reassign the Superintendent to any other position in the District nor shall
it reassign the duties of the Superintendent to other employees in the District. The

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Superintendent shall act as a liaison between the School District and the community
and shall be responsible for a program of public relations and for creating and
maintaining a wholesome and cooperative working relationship among the schools,
its administrators, principals, teachers, staff and the community. Except as provided
herein, Superintendent shall not engage in any other employment or business which
interferes with the performance of her duties as Superintendent. Superintendent
may participate in professional organizations for educators and hold office in such
organizations and fulfill the duties incident thereupon, so long as such activities do
not interfere with the performance of Superintendent's duties hereunder.

(3) Certification: The Superintendent shall furnish and maintain during the term
of this Contract a valid and appropriate certificate to act as Superintendent of Schools
in the State of Georgia.

(4) Board/Superintendent Relationships/Communications: The Board and the


Superintendent shall meet to discuss and agree on the process and procedures for
how they shall communicate. At least annually thereafter, if requested by the Board
or the Superintendent, the Board and the Superintendent shall meet to review and
discuss the process and procedures regarding how they are communicating.

The Board, individually and collectively, shall refer all substantive criticisms,
complaints, and suggestions called to the Board’s attention regarding the operation
of the District to Superintendent for consideration and, if appropriate, action. As
appropriate, Superintendent will, within a reasonable time, inform Board of the
results of such efforts. However, all official directives from the Board shall be
reflected in the minutes of a Board meeting. The Superintendent shall promptly
bring to the attention of the Board President and the Board as a whole, as necessary,
her concerns as to any claimed interference by the Board, or any member thereof,
with her function as Chief Executive Officer or disagreement as to the respective roles
of the Board and Superintendent as to any particular incident or circumstance so that
such concerns shall be promptly resolved.

(5) Performance Evaluation: Pursuant to O.C.G.A. §20-2-210, the Board shall


annually evaluate the performance of the Superintendent at a time designated by the
Board, typically in the Board’s Executive Session prior to the June Board meeting.
Thirty (30) days prior to the designated date for evaluation, the Superintendent shall
provide to the Board a written self-appraisal using the evaluation instrument agreed
upon by the Board and Superintendent, and the Board shall consider the
Superintendent’s self-appraisal in conducting its evaluation of the Superintendent.
Upon completing such evaluation, the Board will discuss with the Superintendent
whether the Board intends to extend this Contract for one year.

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The Board and the Superintendent shall mutually agree upon an annual evaluation
instrument, including specific performance goals, typically at the Board’s Executive
Session prior to the September Board meeting. The performance goals in the
evaluation instrument should be aligned with the District’s Accountability Plan. In
the absence of such agreement, the Board shall utilize the instrument utilized the
previous year.

If at any time the Board determines that the performance of the Superintendent is
unsatisfactory in any respect, the Board shall describe in writing the unsatisfactory
performance and recommend a plan of action and timetable to assist the
Superintendent in attaining the desired level of performance. In addition, a copy of
the Board’s annual evaluation shall be delivered to the Superintendent and the
Superintendent shall have the right to make a written response to the evaluation to
be included as an attachment. The Superintendent’s evaluation shall be confidential.

The failure of Board to prepare or implement any professional development or other


remedial plan, or to first give notice of any deficiency to Superintendent, shall not be
a defense to any termination of Superintendent's contract.

(7) Bond: As required by law, Superintendent shall give bond with good corporate
surety in the amount of one hundred thousand ($100,000.00) dollars, to be approved
by the Board, and the cost thereof shall be paid for by the Board.

(8) Work Day: Like all twelve month professional employees, the Superintendent
shall work or have approved leave for a minimum of 250 days per year. All days in a
year beyond the 250 work days are considered non-work days.

II.
COMPENSATION AND BENEFITS

(1) Compensation:

Superintendent shall receive as compensation for her services, a salary of Two


Hundred Ninety Nine Thousand One Hundred Thirty-Three Dollars and no cents
($299,133.00) per year, payable in twelve (12) equal monthly installments, on or
before the first of each month for the prior month service, which is the same average
increase (9.00%) afforded professional staff, consistent with the provisions of the next
paragraph.

The Board may review the Superintendent's salary from time to time, generally
following the performance evaluation provided for herein. In its sole discretion, the
Board by addendum to this Contract may modify the Superintendent's salary as it

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may seem fit, but under no circumstances may the Board decrease the
Superintendent's salary below the base salary figure stated above. If
Superintendent’s evaluation is satisfactory, the salary increase shall be not less than
the percentage increase afforded professional staff, including any system wide step
increase afforded professional staff. In the absence of Board action, the salary shall
be increased by such percentage effective each anniversary of this Contract.

All consideration provided to the Superintendent shall be subject to applicable taxes,


deductions, and withholdings and shall be processed pursuant to the District’s normal
payroll processes.

Unless otherwise specifically provided, any addendum to this Contract to modify the
Superintendent's salary shall not be construed as a new contract and shall not extend
the term of employment beyond June 30, 2024.

(2) Tax-Sheltered Annuity: For each year of this Contract, the District shall make
a contribution to a tax-sheltered annuity plan or plans in the aggregate amount equal
to ten (10) percent of the Superintendent’s annual salary, provided the
Superintendent exceeds the goals set forth in the evaluation instrument. For the
purpose of determining if the goal has been exceeded a 3.2 or greater on a 4 point
scale will be deemed that the goal was exceeded. Contributions to the plan or plans
began on July 31, 2018 an annual basis, consistent with this provision.

(3) Benefits: The Board shall provide Superintendent the same benefits as its
regular twelve-month professional employees, except as provided herein below. The
Board reserves the right to adjust any or all of the benefits for its employees from
time to time. In addition, Superintendent is entitled to all accrued benefits earned
in her previous position in the District.

(a) Personal Leave, Sick Leave and Vacation. In addition to all regular District
holidays, Superintendent annually shall receive twenty five (25) days of vacation
leave. At the end of each year of this Contract, the Superintendent, at her option,
may be paid for up to twenty (20) days of unused vacation leave at the per diem
annual salary rate then in effect. Sick leave will be accrued at the same rate for
twelve month professional employees of the Board. When the Superintendent is
going to be out of the District for a period of time, she shall notify the Board and shall
designate a responsible District employee to serve as acting superintendent in her
absence as necessary. At the termination of this Contract, the maximum number of
days of accrued vacation leave which may be paid out shall not exceed sixty (60) days
and the maximum number of days of accrued sick leave that may be paid out shall
not exceed one hundred twenty (120) days.

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(b) Vehicle and Technology. The Board shall provide the Superintendent with
an automobile allowance of One Thousand Dollars ($1,000) a month to assist her with
the cost of operating her vehicle in order to carry out her duties as Superintendent
and a smartphone and any other reasonable and necessary communication devices,
including any monthly charges associated with these devices, necessary for her to
perform duties as Superintendent. The Board will provide the Superintendent a
laptop, tablet and a workstation with printer, computer and facsimile capability for
the Superintendent’s home. The Superintendent will account for any personal use of
Board property sufficient to meet Internal Revenue Service guidelines.

(c) Professional Development. Superintendent is encouraged and shall be


entitled to join and maintain membership in the Georgia Association of School
Superintendents, Georgia Association of Educational Leaders, Georgia High School
Association, Georgia School Board Association, and the American Association of
School Administrators. In addition, the Superintendent may join and maintain
memberships in other professional education organizations at the local, state, and
national levels that shall enhance or improve her performance as Superintendent
upon the approval of the Board President or the Board. The Board shall pay the
entire cost of membership dues and charges in conjunction therewith. The Board
further agrees to pay all reasonable travel and out-of-pocket expenses incurred by
Superintendent in conducting or attending all professional meetings and conventions.
On a monthly basis, the Superintendent shall submit to the Board President expenses
incurred for professional development, including travel, lodging and food expenses.
Prior approval of the Board President is required for attendance at or participation
in any professional development event or program having aggregate expenses in
excess of Two Thousand Dollars ($2,000.00). Expenses for professional development
shall not exceed Eight Thousand Dollars ($8,000.00) collectively in an annual period
unless approved by the Board President.

(d) Civic Engagement: The Board recognizes the benefits accorded the District
from Superintendent’s active involvement in community affairs and civic
organizations, and as a result, shall pay the membership dues and expenses
associated with membership in up to three civic organizations of her choosing in
Chatham County, which dues and expenses will not exceed Three Thousand Dollars
($3,000.00) collectively in an annual period unless approved by the Board President.

(e) Business expenses: In fulfilling her duties as Superintendent under this


Contract, Superintendent shall be reimbursed for all other expenses, including
mileage for out-of-District travel, as authorized under the policies of the Board and
the State Board of Education upon presenting proper documentation. In addition,
the Board shall provide the Superintendent with a business expense account for
reasonable, actual and necessary incidental expenses incurred in the performance of
her duties. Said incidental expenses shall not exceed Five Thousand ($5,000.00)

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annually unless approved by Board President.

(f) Insurance. The Board will reimburse the Superintendent monthly for the
amount of the employee’s portion of health insurance under the health plan available
to all Board employees. The Superintendent shall maintain, and the Board will
reimburse the Superintendent for the cost of long term disability insurance under
plans available for Board employees. The Superintendent shall be responsible for all
deductibles, coverage of any dependents, dental coverage or any other supplemental
insurance coverage. The Board will pay all or a portion of the premium on life
insurance selected and owned by the Superintendent or her designee, but not more
than Two Thousand Five Hundred Dollars ($2,500.00) per year. Payments shall be
made monthly or annually, in advance, at the option of the Superintendent.

(g) Additional activities. The Superintendent shall devote her full time,
attention, and energy to her duties as Superintendent of the District. However, the
Superintendent may serve as a consultant to other districts or educational agencies,
lecture, engage in writing activities and speaking engagements, teach and engage in
other professional activities that are of a short-term in duration, with advance
written notice to Board President and use of personal or annual leave for activities
for which she receives remuneration.

(4) Indemnification:

(a) The Board shall provide for the Superintendent's defense and through the
purchase of a contract of indemnity, policy of insurance or other lawful means, hold
her harmless from accusations, administrative proceedings or court actions brought
against her in connection with her position as Superintendent while she is acting in
her official capacity and within the scope of her employment, as permitted by the laws
of the State of Georgia, provided the relevant incident, act or omission does not
involve moral turpitude, and the Superintendent has acted in good faith within the
scope of her employment, consistent with Board policy or directions. The
Superintendent shall cooperate with the defense of any claims against her, the School
District or the Board. Failure to cooperate shall terminate the Board's obligation to
defend and indemnify the Superintendent.

(b) If in the good faith opinion of Superintendent, the defense of the


Superintendent calls for the assertion of a legal position that is in conflict with the
legal position of the Board such that the same attorney could not represent both the
Board and Superintendent, the Board shall engage and pay separate counsel selected
by the Superintendent but approved by the Board prior to engagement. The Board
shall pay for the costs of her legal defense to the extent permitted by Georgia law.

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(c) Notwithstanding paragraphs (a) and (b) above, the Board shall not be
required to pay any costs of any legal proceedings if Superintendent is adjudged liable
for acts or omissions involving the commission of any civil or criminal offense against
the Board, or involving the misappropriation of funds or property belonging to the
Board or any public agency.

(d) In no case will individual Board members be considered personally liable


for indemnifying the Superintendent against such claims, suits, actions and legal
proceedings.

III.
WARRANTIES AND REPRESENTATIONS OF SUPERINTENDENT

Superintendent warrants and represents as follows:

(a) That she is duly licensed and qualified to serve as Superintendent of the
School District at the time of assuming the position, and that she will keep and
maintain all additional certificates, endorsements, qualifications, and successfully
attend additional training and other requirements as may be required by law or the
Rules of the Professional Standards Commission, the State Board of Education, and
by the Board;

(b) That all information presented to the Board by Superintendent regarding


her credentials and experience was then true and correct in every way and if any of
said information ever ceases to be true, Superintendent will advise the Board thereof
immediately;

(c) That Superintendent has never been convicted of any offense involving a
felony or any other offense involving moral turpitude under the laws of any state or
of the United States, or any foreign country, including any first offender or nolo
contendere dispositions;

(d) That Superintendent has never suffered revocation of any educational


professional license or certificate, nor voluntarily surrendered same where charges
or potential charges were pending or eminent; and

(e) That she was never dishonorably discharged from the United States armed
forces.

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IV.
TERMINATION AND TENURE

(1) Termination for Cause: This Agreement may be terminated by the Board for
any of the following:

(a) Incompetency;
(b) Intentional insubordination;
(c) Willful neglect of duties;
(d) Failure to comply fully with any warranty or representation in Section
III of this Contract,
(e) Intentional noncompliance with Board policies and regulations; or
(f) Material breach of this Agreement or
(g) Indictment for a felony under state law or similar crime under federal
law.

The Board shall provide the Superintendent with written notice of its proposed
termination with cause and such written notice shall include reasons or reasons for
the proposed termination of cause. Such notice shall be provided to the
Superintendent at least ten (10) days prior to the Board meeting in which the Board
intends to terminate the Superintendent for cause and the Superintendent shall be
entitled to appear before the Board at the Board meeting. If the Superintendent
chooses to be represented by legal counsel, she shall bear any costs therein involved.
If the Board determines to terminate the Superintendent for cause, it shall issue its
decision in writing with the reason or reasons for the Board’s decision. Except for
any accrued benefits or expenses due on the date of termination, termination for
cause shall terminate all obligations under this Contract as of the date of termination.
If the Contract is terminated for cause, there shall be no severance pay or other
benefits after the date of termination.

(2) Termination Without Cause: The Board reserves the right to terminate this
Contract without cause at any time, upon sixty (60) days written notice to the
Superintendent. If the Board terminates this Contract without cause, the Board shall
pay the Superintendent her salary and health benefits for twelve (12) months from
the date of such notice of termination without cause or the months of the unexpired
term of this Contract, whichever is less. Health benefits shall not be due after
Superintendent becomes employed within the period. Except for any accrued benefits
or expenses due on the date of termination, termination without cause shall
terminate all other obligations under this Contract as of the date of termination. The
Superintendent shall cease serving as the Superintendent and shall be deemed to
have resigned as of that date and expressly waives and relinquishes any right to any
hearing.

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(3) Termination by the Superintendent: The Superintendent may terminate this
Contract by giving the Board sixty (60) days written notice. Except for any accrued
benefits or expenses due on the date of termination, termination by the
Superintendent shall terminate all other obligations under this Contract.

(4) In the event of a termination under IV (2) or (3), the Board may choose to end
the Superintendent’s employment at any point during the sixty (60) day notice period,
but will continue to pay her salary and benefits for such sixty (60) day period.

(5) No Tenure: The position of Superintendent is not subject to any tenure, civil
service or other system or employment arrangement whereby a Superintendent
serving a term or any part thereof under one or more contracts acquires any right to
continued employment beyond a current contract term, and no member of the Board
nor any official of the District has any authority to offer or confer such rights or to
represent or warrant the availability thereof. The rights of the Superintendent are
limited to those contained herein. The Georgia Fair Dismissal law (OCGA section
20-2-940 et seq.) does not apply to the Superintendent.

(6) Right to Office: The Superintendent acknowledges that, separate from this
Contract, the Superintendent has no independent legal right to exercise the duties of
the office of Superintendent.

(7) Attorneys’ Fees: In the event of a dispute as to termination of this Contract,


each party shall bear their own fees and expenses of counsel.

V.
DISABILITY OR DEATH

In the event that the Superintendent becomes unable to perform any or all of her
duties, with or without reasonable accommodations, by reason of a disability as
defined by the Americans with Disability Act (“ADA”), she shall remain on full salary
and benefits until she may qualify for long-term disability benefits or six (6) months
from the date of disability, whichever occurs first, at which time this Contract shall
terminate. It is the intent of the parties that in the event the Superintendent becomes
unable to perform her duties because of disability that she shall immediately apply
for long-term disability benefits and that she shall utilize her accrued but unused
paid time off beginning on the date of disability until she may qualify for long-term
disability benefits or the six (6) month disability period ends.

If a question exists concerning the capacity of the Superintendent to perform her


duties, with or without reasonable accommodations, the Board may require the
Superintendent to submit to a medical examination to be performed by a doctor who

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is selected by the Board, acceptable to the Superintendent, and who is licensed to
practice medicine in Georgia. If the parties, after good faith efforts, are unable to
agree on a doctor to perform the examination, the chief judge of the Superior Court
of Chatham County shall select said doctor. The examination shall be done at the
expense of the Board. The physician shall limit any report to the issue of whether
the Superintendent has a continuing disability, which prohibits her from performing
her essential duties, as defined by the ADA. The report shall be confidential to the
fullest extent required by law.

In the event of the death of the Superintendent, this Contract shall be terminated as
of the date of death. The Superintendent’s spouse or estate shall, however, be paid
the salary for the full last month without proration.

VI.
MISCELLANEOUS

(1) Extension of Contract Term: The term for this Contract is two years. During
the term of this Contract, the parties can extend the Contract as long as the extension
is consistent with state law, in a writing signed by both parties.

(2) Interpretation: This Contract shall be interpreted in accordance with the laws
of Georgia. In the event of a legal dispute, the parties agree that venue shall be the
Chatham County Superior Court.

(3) Renewal: Nothing in this Contract shall be construed as creating an


obligation, either express or implied, for re-employment beyond the term set forth
herein.

(4) Merger Clause: This Contract terminates, as of June 30, 2022 any prior
written agreement between the parties. This Contract constitutes the entire
agreement between the parties. Any prior representations, negotiations,
understandings, undertakings, agreements, obligations, conditions or promises not
embodied in this writing are not a part of the Contract between these parties and
have no application or force whatsoever. Any modification of or supplementation to
this Contract must be by addendum in writing signed by both parties.

(5) Severance: Should a court of law rule that any portion of this Contract is illegal
or unenforceable for any reason whatsoever, the remainder of the Contract shall
remain in full force and effect.

(6) Counterparts: This agreement may be executed in multiple counterparts


which when combined shall constitute one original.

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[Signatures on Following Page]

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IN WITNESS WHEREOF, this Contract has been executed on behalf of the Board by
its duly authorized officials, and its official seal attached hereto, and Superintendent
has hereunto set her hand and seal on the date this 10th day of August, 2022.

Signed, sealed and delivered The Board of Public Education of the City of
in the presence of: Savannah and the County of Chatham

______________________________ _______________________________[SEAL]
Witness Joseph A. Buck, President

______________________________
Notary Public

Signed, sealed and delivered


in the presence of:

______________________________ _________________________________[SEAL]
Witness Marie Ann Levett, Superintendent

______________________________
Notary Public

4888-0617-4252, v. 5

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