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Superintendent Contract Dr. Levett 2022-2023
Superintendent Contract Dr. Levett 2022-2023
COUNTY OF CHATHAM
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”;
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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(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.
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.
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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.
(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:
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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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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(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.
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(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.
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III.
WARRANTIES AND REPRESENTATIONS OF SUPERINTENDENT
(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;
(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;
(e) That she was never dishonorably discharged from the United States armed
forces.
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(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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(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.
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.
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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.
(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.
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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
______________________________ _________________________________[SEAL]
Witness Marie Ann Levett, Superintendent
______________________________
Notary Public
4888-0617-4252, v. 5
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