APPROVED BY JCBOE 119-21 TO BE SIGNED BY THE PARTIES conrRacr ‘THIS CONTRACT is made and entered into on November 9, 2021, by and between the ROARD OF EDUCATION OF JEFFERSON COUNTY, KENTUCKY (the "Board of Edeation") and DR. MARFIN A, POLLIO ("Polio") RECITALS “The Boat of Edueion i responsible under Kentucky aw fr the management and contol ofthe Jefferson County, Keatuchy, publi schoo! distil the" Dist") “The Board of Edveaion previously appointed Pollo a ating supintendent of schools foe the SchootDistiet for tem commencing on July 2, 2017 and ending on March 31,2018. On March 27, 2018 the Hoard of Eitcation appointed Pollo to serve as superintendent of schools forthe Distuc for a four (4) year tem commencing on April 1, 2018 and ending on March 31,2022, The Board of Edveation now desires to reappoint Pollo efestive April 1, 2022, under the terms and conditions of«rew contact, 0 serve as superintendent of sehoos for the Dis, to supervise he schools in the Dist asthe Bord of Education's executive agen, in compliance with Kentucky law, and subject al snes tothe dietion and contol ofthe Board of Easton Polio desires to serv an ditional new term asthe superintendent of schools forthe Dist, subject th ens an conitons ofthis contact. 1m consideration of the foregoing and the mutual promises contained inthis contac, and intending tobe legally bund, the Board of Eduestion and Polio agree as follows 1. TERM. The Board of Education hereby appoints Pollio to the offices of Superintendent of Schools (Superintendent) and Secretary of the Boar of Edeation (Seertary") fora term of effice beginning April , 2022, and expiring June 30,2025 (he"Term. This contrat shall terminate upon the expiration of the Term. Upon the expiration of| ‘the Term, the Board may in its discretion {i] extend the Term for an additonal period of time under the terms and conkitions ofthis contract as then permitted by Kentucky law, [i] appoint Pollo as Superintendent fora new term under the terms andl conditions ofa new contract, oF [i appoint anew Superintendent, This contract shall terminate earlier than he expitation ofthe Term upon the removal of Polko from the office of Superintendent in accordance with Kentucky law 4s provided in Paragraph XIII below, Pollo’ resignation from the office of Superintendent, or Pollo's death, Notwithstanding the foregoing the Board of Education may at any time during the “Term terminate Pollo’ sppointment as Secretar, with or without eause, but the termination of retary shall not impact any other aspect of this contact including, but Pollo's appointment a not limited to, his appeintment as Superintendent for the Term, his compensation, and his ben I. PROFESSIONAL CERTIFICATION, Polio has proved to the Boatd of cation a certificate fa school superintendent ised by the Kentucky Eduction Profesional Standards Board which ifs him to old the office of Superintendent, nd Polio has completed the ting program and asessment center process fo a superintendent of Schools as equted by Kentucy fw. Poli shall bold vad certfeste For school superintendent throughout the Term and shall salsy all other coitions to service as a superintendent of schools under Kentucky law, including without limitation maintaining resideney in Kentucky, A. Pollio shall dete himselfexclusively tothe discharge ofthe responsibilities and duties of Superintendent and Secretary st forth in the Kentucky statutes, the bylaws ules andregulations ofthe Kentucky Board of Education, and the regulations and policies ofthe Board of| Education, He shall have sharge of the administration of the schools under the direction of the Board of Edueation as provided under Kentucky law and Board of Education policy. He shall be the excoutive offer ofthe Board of Education I serve as Secretary othe Board of Euestion;, ‘nd shall bo enti to atten ll Board of Edvstion mectings and Hoard of Education commits ‘meetings except when his own fenure, slary, or the administration of his office is under consiertion, As exeutv officer athe Board of Edscation, the Superintendent shall ce tha the laws relating tothe schools, the bylaws, rules, and regulations ofthe Kentucky Board of Education, snd the regulations and policies of the Board of Education are cared into effet. In his ole as ‘Superintendent, Pollo shallbe the professional adviser ofthe Board of Education in all mates. He shall prepare, under the diction of the Board of Education, all ules, regulations, bylaws, and statements of policy, for apsoval and adoption bythe Board of Education, He shall recommend to the Boat of Eaueation for sproval, regulations, rales and procedures deemed necessary forthe well ordering of the Schos! Dist, including recommendations to molfy the administative cvganization plan ofthe School District He shall have gener supervision, subject to the contol ofthe Board of Edveation, ofthe goncel conduct ofthe sohools, the course of inseucton, the discipline of pupils and the management of business affairs, He shall be responsible forall personnel actions incung hiring, asignments, transfer, dismissal, suspension reinstatement, promotion, and demotion ef ll personel inthe School Distt, and reporting the ation to the Board of Education. He shu perfor all duties incident tothe office ofthe Superintendent, and such other duties as may be prescribed by law or bythe Board of Education from time to time, including, but not Fimited any duties identified hy the Board of Fucation in establishing the annual goals, objectives an¢ priorities forthe Schoo! District, which wil be developed in agreementith the Superintendent a provided in Paragraph XI below, Bi. Polio may lect, ange in writing activities and speaking engagements, and engage ‘nother similar acivites tht re of short-term dation, provided that no seh ativity sal canse any conflict of interest or ett Plo fom fulliling the esposiiites and ds delineated in the fr sentence ofthis Paragraph Il, Any such activity which wil ease Palio tobe absent fom the School Distrt for mor than one (1 ill working day shal be reported wo the Chir of the Board of Eacation by Pollo prirto the aetivty. If Pollo proposes to engage in any such activity (whether within or without the School Distet) that would extend beyond five (5) fll working days or that ‘would be ofa recurring nae, Polio shall fst obtain advance writen approval from the Chair of the Board of Edvaton, I any such activity is scheduled on a normal workday, and if Polio shall receive any compensation om thi party (other than expense eimbursement for engaging inthe activity, Polio shal use ony vacation days andr personal eave days forthe activity, In addition to the other activities dearibed inthis Paragraph il, Polio may serve on a reasonable number of oars of Directors, Advisory Boars and other stat snd national commits hat serve to enhance ‘he reputation and intatives ofthe School District, bt Pollo shal fist advise the Chir ofthe Board in writing in each case of is intention to serve, th number of working days expected to be devoted tothe intended service, ad the expected benefit tothe School Dist fom the intended sevice Polio shall not accep an sppointent to any'such Board of Direeors, Advisory Board or commie, au shall resign fom any such appointnent tat he has accepted if the Chai ofthe Board of leducation advises Pollo thatthe Board of Edeation has determined that his service violates ‘Kentucky Iw, oF wil caus orhas cause conic of interest, o wil este or has retieted Polio,fom failing the responshiltes and duties dolineated in the Fist sentence ofthis Paragraph I Polio shall periodically report in writing othe Chai ofthe Board of Education the activites and ‘the numberof working days that he has used fr the purposes provide in this Paragraph IL C. Profesional Growth. Fr the bone ofthe School ist, the Board encourages the continuing professional gros of Polio though using reasonable number of his working days as Superintendent for poison in the operations, programs, and other activites conducted or sponsored by local, stat and national schoo administrator and school board associations seminars and courses offered by public oF private educational institutions; and other educationseated conferences and seminars. The Board of Edction shall pay the fos and appropriate expenses for paticpstion in such activi, subject o Paragraph VIL Polo shall erodcally repr in writing to ‘he Chair ofthe Boar of Education the activities andthe numberof working days that he has used for the purposes provided inthis Pamgraph IV. IV, BASE COMPENSATION, For the inital period beginning April 1, 2022 and ‘ending Mash 31,2023 (uch initial period, an each subsequent annval period of Apri | to Mach 31 during the Term, is herein refered to ‘Contract Yeu"), the Board of Edvation shall pay Polio base salary at an arma rate of $276,000. For each subsequent Contact Year, (the Board of Education shall pay Pollo an annual bas salsry equal othe annua ate ofthe base slay in the previous Contract Yer, ad (i) in addition the Roar of Eduction may ints discretion grant a percentage salary increase to Pllio or make a lump sum payment to Pollo, based on Pllo's performance during the previous Contact Year. Such determination shall be made upon the conclusion of the annual evaluation of the Superintendent described in Paragraph XII Pllo's salary shal be pad in intents at such regular intervals as the Board of Edcaton is then using {or the salary payments fits other administrative employees. The compensation provided inthis 5Paragraph IV is payable fer Pllo's services as Superintendent, it being understood that Pllio shall, serve as Secretary without compensation V, TEACHERS’ RETIREMENT SYSTEM. During the Term, the Board of Edveation will deduct fom each installment of Polli's base salary and pay tothe Teachers Retirement System ("TRS') the amount af the TRS contusion requted by Kentucky law, VL. BENEEIIS, Pollo shall be ented to thity (30) days of paid vacation each ‘Contract Year Any vacation days not used in any Contract Year shall be credited to Pollo’ vacation account, The number of accumulated unused vacation days in the vacation account shall not exezed sinty (60) days, in adit tothe numberof accumulated unused vacation days Plo had at dhe time of ppointnent as Superintendent dr this contact Pelion sll ack unused vation days at arate pr day ult 1/260 of Pll’ annul base salary at the ine the used dy could save hon taken. Daring ach Contret Year, Polio may’ sll back up ta en (10) used vation ays, Upon the end of Polo's employment as Superintendent by expiration of his contact without, extension of renewal, renova as Superintendent, resignation, retirement or death the Board of Education shall pay Poli or his estate for the number of then accumulated unused and unsold ‘vacation days in his vacation account, at the rate pe day equal to Ps annual base salary atthe cd of his employment divided by 260, Polio shall receive all of the benefits which the suiminsativ employees af the Board of Eaveaton receive during the Tem, whether now in effect or hereafter granted. In alton to the compensation st forth in Paragraph V and VI, andthe ‘benefits set forth in Paragaph VI and Paragraphs VII though XI, (the Board of Education will contribute in each Contrast Year $30,000 toa tax-deferred annuity plan, o other investment pn,4s Polio hal sl, ni the Board of cation hall maintain during the Ter, ad pay the premiuns for, apotie fie ie insane on the lif oli witha death nein the amount $500,000, which sha be paybleto Pll’ estate or other bneicary designated by Polio ‘The District sal seine Pollo fr thirtyfve percent (35%) ofall deductions made to TRS fiom his base salary as described in Paragraph V ofthis Contact, ‘VIL EXPENSES, In ight of the unigue nature of the professional duties of the Superintendent, the Boas! of Bdueston shall provide the Superintendent with an automobile allowance of Seven Hundred Fifty ($750.00) per month to compensate Poli forthe use of his automobile on Schoo! Disvct business within or outside the School Dist. The foregoing agreement to make sch ayrents shal ot ais he Board of Eatin tobe the ower, bale, cor lesee of ssh atone, nor shal the Board of Education be responsible or any damage to such automobile. The Boer of Edcation shall eimburse Polio fr al oter reasonable expenses Inout by him which oe neessry to the performance oF the cules of Superinendent and Secrtay as delineated in the first sentence of Paragraph IT, The Board of Education will not reimburse any such expense before it has been ineured, All requests for reimbursement of expenses shall be submited in writing to the Treasurer ofthe Board of Education and shall be supported by appropriate receipts or other documentation to establish that the expense was reasonable and necessary. and be approved by the Chair ofthe Board of Eduction, The Board of Education shal not eimture any expenses incurred by Poli for or in connection with he other setts permitted by Peagrap IH excet tha the Board of Education shall eimibuse Pollo for his payment of dacs for upto seven civic or professional organizations, subject to the approval of VII, TECHNOLOGY, The Board, a its expense, shall provide the Superintendent ‘with compute equipment cellular telephone, highspeed Internet services, and other necessary 1‘communications services that will allow dhe Superintendent to perform the duties ofthe office while at home or traveling. IX. PHYSICALEXAMINATION. For the purposes of determining fitness for dy, Polio shall submit a physical examination by a physician of Pollo’ choice during the Contract ‘Yeats beginning April 1, 2023. The Board of Badueation shall pay the cost of the physical ‘examination, Polio agrees that the physicians summary ofthe results ofthe physieal examination shall be made available othe Hoard of Eduction, 1X. PROFESSIONAL LIABILITY, — Te Boar of Education shall diretly of indirectly provide profesional liability insurance coverage for Plo in an amount not ess than 52 million, To the extent perited by Kentucky law, the Board of Education shal defen, hold harmless, and indemnity Polio from any and all demands, claims, suits, actions, and legal proceedings brought agaist Poli in his individual capac rin his fil capacity as agent and employee of the Bou of Education, provided the incident arose while Pollo was acting within the scope of employment daring the Tem, and excluding () any criminal prosecution Which might be brought against Pali; oF (i) legal proceedings intiatd by the Board of the Hoard of Education. The Board of Edueation against Poli, or initiated by Polio a Education shal choose and pay the Fes of Polis counsel. in any such legal proceeding in which ‘he Board of Education ialso a defendant, the Board of Education and Polio may be represented byte same counsel Ifsuch counsel determines hats conic exists regarding the defenses to ny such claim between the keal postion ofthe Superintendent and that ofthe Board of Eduction, the Board of Edition shall engage separate counsel to represent Pollo, atthe Board of education's expense ‘This indemnification agreement shall survive the expiration ofthis contact and shal remain an independent agwement between the partes.XL GOALS, OBJECTIVES AND PRIORITIES, As soon as ressonsly pmctcable afer the begiming of each Contact Year, the Board of Education and Poli shall gre to a writen statement of goals, objectives and priorities forthe Schoo! Disret. When ‘writen, the goals, cbccties and priaites described in this Paragraph XI shall be attached to this contract and incorporated verein by reference, [XIL,_ EVALUATION OF SUPERINTENDENT, The Board of Education shal snnvally evaluat, in writin, Pollo’ performance as Superintendent. Fach annual evaluation shall bb conte inthe manner required by then-applicable Kentucky la. The evaluation shall be in pt mas against the gels, objectives and rots desert in Paragraph snd in part measured aginst other drctons and insrvetions provided to Plo by the Board ding the piod covered the evaluation. Pollo an the Boss of Edeation shall meetin executive sesion to disuse the annual elation no cri than seven (7) aya no ltr than fee 15) days ater Polio has received acopy ofthe evaluation XUIL, REMOVAL "Throughout the Term ofthis contact the Superintendent shall be subject to removal from office for cause as provided by the Kentucky Revised Statutes, provided, however, thatthe Board sal not act arbitariy, unlawfully or without authority, and that prior to the vote ofthe Board thats equied bythe Kentucky Revised Statutes the Superintendent sh have the iat to writen chrgs, rearing before the Board and ten (10) dys writen notice ‘of sid charges and hearing, At any such hearing before the Board, she Superintendent shal have the right to be present ard to be heard, to be represented by counsel, and to present drough witnesses any testimony relevant wo the issue, A tanseript of the record af the procedings before ‘he Board shall be made availble’ without charge to the Superintendent If the Superintendent chooses to be accompaniad by legal counsel atthe hearing before the Boar, he will ssume the coat of his legal expenses.XIV, MISCELLANEOUS. ‘A, This conract contains the entre agreement between Pollio and the Board of education reguing employment, and can only be modified by a writing signed both by Polio and the Chae ofthe Boa! of Education. This contract supersedes any prior or contemporaneous id the Board -arooments, negotiations or understandings, whether oral or writen, between Po ‘of Elation, B. This conract will inure to the benefit of, and be binding pon, the Board of Education and its succesiors and assigns, and upon Pollio and his executor, administrators, personal representatives, bits, and legates. Pollio may not assign this contrac, in whole or in par. This conract will be governed by and enforced under Kentucky law, as that law applies to a contact exeeated, delivered and performed entirely in Kentucky, Any Invi by the Board of Education or by Poli rising out ofthis contact shal be fled onlin state or federal court in Louisville, Kentucky 1D, Ifany aspect or provision ofthis contacts invalid or unenforceable fo ny reason, the remeinder ofthe contract will nonetheless he filly enforced to the fullest extent permitted bylaw: BOARD OF EDUCATION OF JEFFERSON COUNTY, KENTUCKY BY: ‘DIANE PORTER, CHAIR DR. MARTINA. POLIO