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CONTRACTUAL AGREEMENT

REGIONAL SCHOOL DISTRICT NO. 6 LITCHFIELD, CT 06759


SUPERINTENDENT OF SCHOOLS CONTRACT It is hereby agreed by and between the Board of Education of Regional School District No. 6 (hereinafter called the "Board") and Edward Drapp (hereinafter called the "Superintendent") that the said Board in accordance with its action by election pursuant to Section 10-157 of the Connecticut General Statues, hereby employs the said Edward Drapp as Superintendent of Schools of Regional School District No. 6 and that Edward Drapp hereby accepts employment as Superintendent of Schools of Regional School District No. 6 upon the terms and conditions hereinafter set forth in this agreement (the Agreement). 1. DUTIES A. The Superintendent is the chief executive officer of the Board. In harmony with the policies of the Board, state laws, and state board of education regulations, the Superintendent has executive authority over the school system and the responsibility for its supervision. He has the general authority to act at his discretion, subject to later approval by the Board, upon all emergency matters and those as to which his powers and duties are not expressly limited or are not particularly set forth. He advises the Board on policies and plans that the Board takes under consideration, and he takes the initiative in presenting to the Board policy and planning issues for the Board's attention. B. The Superintendent or his designee as approved by the Board will attend all meetings of the Board and will participate in all Board deliberations, except when matters relating to his own employment, the employment of a certified staff member he has recommended for termination, or the Board's self evaluation is under consideration. The Superintendent will receive notice of all Board committee meetings and he or his designee may attend such meetings.

2.

CERTIFICATION The Superintendent shall maintain certification as a Superintendent, in accordance with all applicable statutes and regulations, throughout the term of this Agreement, or any extension thereof; or shall be eligible to serve as Superintendent under a durational shortage area permit or similar temporary certification issued by the State Department of Education before or during the term of this Agreement.

3.

TERM A. The term of said employment is from July 1, 2012 to June 30, 2015. The Superintendent and the Board agree to the following procedures, by which the Board may extend the Superintendent's employment under this Agreement for an additional period of time. B. Upon completion of the midyear evaluation of the performance of the Superintendent, as specified in the time-line contained herein, the Board or its designee(s) and the Superintendent will have the opportunity to discuss any modifications to the contract, or extensions thereof. Following that discussion, and no later than April 1st of any fiscal year, the Board will take action on any such desired modifications and/or extensions. However, unless the Superintendent is notified, in writing, by April 1, one additional year of employment will automatically be added to the length of this contract, at a salary to be negotiated but no less than the prior year. C. Anything in this paragraph to the contrary notwithstanding, the provisions of Section 7 entitled Termination will take precedence, and the Superintendent's employment may be terminated under the provisions of said section.

4.

COMPENSATION A. Salary 1. The base salary of the Superintendent shall consist of the following: a) A salary component as follows: FY13 - $162,000 FY14 To be determined, but no less than FY13 salary FY15 To be determined, but no less than FY14 salary

payable in biweekly installments, and subject to required deductions for the State Teachers' Retirement Fund, applicable United States Withholding Tax, applicable State of Connecticut Withholding Tax and other applicable deductions mandated by state or federal law and employee contributions toward the cost of fringe benefits; b) An additional amount of 4% of base salary, which amount the Superintendent will then arrange pursuant to a salary reduction agreement to have contributed as an elective referral in accordance with Section 403(b) and/or Section 457 of the Internal Revenue code toward the purchase of a 403(b) annuity and/or 457 Plan with a tax

sheltered annuity company or 457 plan investment company of his choice. c) An additional sum which is equal to 7.25% of the total of the amount specified in sections (a) and (b) above, payable on the same schedule as the cash component referenced in section (a). For the purposes of reporting the Superintendents salary and for determining his contributions for a particular contract year to the Connecticut State Teachers Retirement System, the Board shall include the full amount of the Superintendents total annual base salary equal to the sum of the amounts specified in sections (a), (b) and (c).

B. Any adjustments in salary made during the life of this Agreement will be in the form of an amendment and will become part of this Agreement. It is provided, however, that by so doing it will not be considered that the Board has entered into a new contract with the Superintendent nor that the termination date of the existing Agreement has been extended. Compensation for Superintendent services for any period that employment is renewed under the provisions for extension under Section 3 will be negotiated and agreed to by the Board and the Superintendent prior to the commencement of the new contract term. C. If the Superintendents employment as Superintendent for the Board is terminated at any time during the term of this Agreement, or any extension thereof, or if the Superintendent dies at any time during the term of this Agreement, or any extension thereof, he shall be entitled to the pro-rata portion of the annual amount of salary applicable for the year in which the Agreement is terminated or his death occurs. In the event of termination and/or death of the Superintendent, neither the Superintendent nor his estate shall be entitled to annuity amounts related to subsequent years of the Agreement. Entitlement to amounts under the annuity contracts set forth in this Agreement shall be pro-rated for partial years of service as Superintendent.

5.

FRINGE BENEFITS AND WORKING CONDITIONS A. Sick Leave

A. The Board will provide the Superintendent with eighteen (18) sick days per fiscal year to be used for legitimate illness. Sick days may be accumulated up to a maximum of two hundred twenty-five (225) days. The employees existing accumulated sick leave will be carried forward. No accumulated sick days will be considered for compensation upon resignation, retirement or death in service of the Superintendent. Sick leave entitlement as set forth in this Agreement shall be pro-rated for partial years of service as Superintendent. B. Whenever the Superintendent is absent from work as a result of personal injury arising out of assault or accident in the course of his employment, he will receive his regular salary less the amount of salary paid by workers' compensation for a period not to exceed one (1) year, and no part of such absence will be charged to his annual or accumulated sick leave. C. Up to two (2) days leave with pay may be granted by the Board when critical illness occurs in the household of the Superintendent. Such leave, if granted by the Board, will not be deducted from the Superintendent's sick leave. B. Personal Leave

A. Up to two (2) days of leave will be granted per fiscal year for personal reasons. Such leave will be granted at full pay, will not be deducted from accumulated sick leave, and is non-cumulative. Personal leave entitlement as set forth in this Agreement shall be pro-rated for partial years of service as Superintendent. B. Up to three (3) days of leave with pay will be granted when death in the immediate family occurs. Immediate family is defined as mother, father, wife, son, daughter, brother, sister, grandchildren, or grandparents. Unusual circumstances which necessitate additional leave must be acted upon by the Board. C. If requested and approved by the Board in advance, the Superintendent will be granted necessary time, not to exceed a total of three (3) working days per fiscal year, to fulfill the obligations of going to, attending, and returning from funerals of persons other than members of the immediate family. D. As there might be other good and sufficient reasons requiring the absence of the Superintendent, the Board reserves the right to grant additional leave at its discretion. 4

C.

Vacation

The Board will provide the Superintendent with twenty-five (25) vacation days per fiscal year, exclusive of legal holidays. Such vacation days must be taken in the year in which they are provided and vacation days may not be accumulated. Vacation leave entitlement as set forth in this Agreement shall be pro-rated for partial years of service as Superintendent.

D.

Holidays

In addition to vacation days, the Board will provide the Superintendent with fifteen (15) paid holidays for each fiscal year of this Agreement as provided in the District's annual calendar of holidays. Holiday entitlement as set forth in this Agreement shall be prorated for partial years of service as Superintendent, in accordance with the Districts calendar. E. Jury Duty

If the Superintendent is called for jury duty, he will receive the necessary leave to fulfill this legal obligation. The Board will be notified within forty-eight (48) hours of the notification of jury duty. This leave will not be deducted from other categories of paid leave. While on leave for jury duty, the Superintendent will be paid his regular salary for the first five (5) days, or part thereof, as prescribed by state and federal statutes and regulations. The Superintendent will thereafter receive a rate of pay equal to the difference between the professional salary and the jury fee for subsequent days. F. Life Insurance

The Board will provide life insurance coverage equal to two (2) times the amount of the Superintendent's annual salary, subject to the eligibility requirements of the carrier(s). G. Flexible Benefits

If the Superintendent completes and signs the appropriate salary reduction form, he will be permitted to exclude his share of health insurance premiums, allowable medical expenses, and dependent care expenses from his taxable income pursuant to IRS regulations, in accordance with the Boards Section 125 Plan.

H.

Health/Dental Insurance A. Health Insurance: The superintendent and eligible dependents may enroll in the follow health plans, with the premium payments provided below. 1. Lumenos HSA. The primary insurance will be the Lumenos HSA $1500/$3000 deductible. The superintendent will be responsible for a premium share of 14% of the cost of the premiums and the funding of the HSAs in each year of the contract. The HSA account will be 75% funded by the Board Other insurance options below will be available at 100% employee buyup. (The employee will have to pay the difference in cost over the Boards cost of providing the HSA.)

2.

The Anthem Blue Care Point of Service Plan. The Blue Care Point of Service Plan will include at a minimum, a $15 office visit co-payment; $100 hospitalization co-payment; $50 emergency room co-payment; and vision rider. Prescription coverage shall be through the three-tier managed drug plan, subject to co-payments of $10 generic formulary/$20 brand formulary/$30 non-formulary, with an unlimited annual maximum (with mail order at two times the applicable copayment for a 31-90 day supply). Out-of-network services will be subject to deductibles of $300/$600/$900 and to coinsurance limit of $1,250/$2,500/$3,500 per calendar year, 80%/20% coinsurance out of network, with a lifetime maximum out of network benefit of $1,000,000. Administrators who elect this plan will have to pay the difference in cost over the Boards cost of providing the HSA. Employee may also elect to enroll in the Anthem Blue Cross/Blue Shield, Century Preferred Plan which will include, at a minimum, a $15 office visit co-payment; $100 hospitalization co-payment; $25 emergency room co-payment; and vision rider. Prescription coverage shall be through the three-tier managed drug plan, subject to copayments of $10 generic formulary/$20 brand formulary/$30 nonformulary, with an unlimited annual maximum (with mail order at two times the applicable co-payment for a 31-90 day supply). Out-ofnetwork services will be subject to deductibles of $300/$600/$900 and to a coinsurance limit of $1,250/$2,500/$3,500 per calendar year, 80%/20% coinsurance out of network, with a lifetime maximum out of 6

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network benefit of $1,000,000. Administrators who elect this plan will have to pay the difference in cost over the Boards cost of providing the HSA.

B. Dental Insurance Payment by the Board of Education (full family benefits) of a dental plan, agreed to by both parties, based on a reasonable and customary fee schedule, 100% routine treatment, 50% major treatment. The superintendent will contribute 15% of the premium (paid through payroll deduction) based on the rate in effect July 1st of the contract year.

I.

Long Term Disability The Board will provide Long Term Disability Income Insurance through a longterm disability plan mutually agreeable to the Board and the Superintendent, with an elimination period of six (6) months, paying sixty percent (60%) of basic monthly earnings up to five thousand dollars ($5,000) per month.

J.

Physical Examinations The Board may require a physical examination of the Superintendent on an annual basis. The Board shall reimburse the Superintendent for any costs associated with such evaluation that are not covered by the Superintendents health insurance coverage. The Superintendent will produce documentation of the physical examination, sent to the attention of the Chair of the Board of Education, within ninety (90) days of initial employment.

K.

Continuation of Insurance A. The Superintendent may continue in the health and dental insurance plans offered by the Board to its active employees at his own expense after leaving or retiring from the system for any period as may be required by state and federal law. The dental insurance may not be reinstated once it is declined. Premiums for health and/or dental insurance must be paid by the Superintendent in advance on a monthly basis. The Superintendent may continue in the Board's life insurance plan at his own expense after leaving or retiring from the system with a coverage amount equal to his annual salary at the time of separation from service, subject to standard age reductions as required by the carrier. Eligibility for continuation in the life insurance coverage is subject to any eligibility 7

B.

requirements imposed by the carrier(s). Life insurance may not be reinstated once it is declined. The premium will be paid in advance in semiannual or annual installments. Eligibility for this continuance of coverage terminates upon new employment.

L.

Conventions, Conferences, Visitations and Outside Professional Activities A. The Board encourages the Superintendent to continue his professional development and expects him to participate in relevant learning experiences. Subject to budget appropriations, the Superintendent will attend professional meetings at the local, state and national level, the expenses to be paid by the district. The Superintendent may, upon notice to and consent of the Board chairperson, undertake consultative work, speaking engagements, writing, lecturing or other professional duties and obligations which do not interfere with the meeting of his responsibilities as Superintendent.

B.

C. Subject to the requirements herein, the Board will pay up to $18,000 in tuition costs incurred by the Superintendent for obtaining the necessary credits to complete the academic requirements for obtaining his certification by the State Department of Education to serve as Superintendent, for courses commenced after January 1, 2012 and completed by September 1, 2013. The superintendent will be required to pay back 50% of the costs incurred after January 1, 2012 if he terminates employment prior to June 30, 2014. M. Transportation and Conference Compensation The Board agrees to reimburse the Superintendent $300 per month for mileage driven in the performance of his duties under this contract. N. Dues The Board will pay the full cost of the Superintendent maintaining professional association membership in CAPPS, AASA, ASCD, Educational Resources Services, and National Staff Development Council. O. Professional Growth Subject to the requirements herein, the Board will pay up to $6,500 per year for the costs of professional growth for the Superintendent. If the $6,500 is not used in a given year, the amount will be rolled-over to the next year and accumulated, but not to exceed the sum of the three years combined. 8

P.

EVALUATION A. The Superintendent will submit to the Board a recommended format for said evaluation and assessment of his performance (hereinafter "evaluation format). The evaluation format will be reasonably objective and will contain evaluation guidelines for at least the following areas: board-superintendent relations, community relations, personnel relations (evaluations and development of administrators and staff), educational program, business matters, professional leadership and personal qualities. The Board will meet and discuss the evaluation format with the Superintendent in accordance with Connecticut General Statute 10-157, and agree on the development and adoption of evaluation guidelines and criteria. B. The Board will adopt an evaluation format no later than ninety (90) days from the date of initial employment of the Superintendent, and within ninety (90) days of the commencement of each fiscal year of this agreement thereafter. C. The Board and the Superintendent agree to mutually establish annual goals and objectives prior to the commencement of each year of this Agreement. Said evaluation and assessments will be reasonably related to the District's and Superintendent's professional goals and objectives for the year in question. D. The Board will meet with the Superintendent to discuss his evaluation. Such meeting(s) shall be held in executive session, unless the Superintendent requests that the meeting(s) be held in open session. The formal evaluation, which may be written, will be based on the discussion of the performance of the Superintendent. E. Prior to each evaluation, the Superintendent will submit a written summary of his current accomplishments related to goals and objectives and a brief review of what remains to be done.

Q.

TERMINATION A. The parties may, by mutual consent, terminate the Agreement at any time.

B. The Superintendent is entitled to terminate the Agreement upon written notice to the Board of at least ninety (90) days, except that the ninety-day notice is not required if termination is part of an action to implement a new contract, in which case verbal notice by the Superintendent, duly witnessed and recorded in the minutes, is acceptable. 9

C. The Board may terminate the Agreement during its term for cause, for one or more of the following reasons: (1) (2) (3) (4) (5) Inefficiency or incompetence; Insubordination against reasonable rules of the Board; Moral misconduct; Disability as shown by competent medical evidence; Other due and sufficient cause.

D. In the event the Board seeks to terminate the Agreement for one of the above reasons, it will serve on the Superintendent written notice that termination of his contract is under consideration. Such notice will be accompanied by a written statement of reasons. Within fifteen (15) days after receipt from the Board of written notice that contract termination is under consideration, the Superintendent may file with the Board a written request for a hearing before the Board which will be held within twenty (20) days after receipt of such request. The Board will render its decision within fifteen (15) days of such hearing and will send a copy of its decision setting forth the reasons and evidence relied on to the Superintendent. The Boards decision will be based on the evidence presented at the hearing. E. Such hearing may be in executive or public session, at the option of the Superintendent. The Superintendent will have the right to be represented by his own counsel, at his own expense. F. Any time limits established herein may be waived by mutual written agreement of the parties. G. The Board, at its option, may terminate this Agreement at any time for any reason unilaterally, not for cause within the meaning of paragraph (C) above. In such event, the Board shall pay to the Superintendent a severance benefit equal to twelve (12) months salary or salary for the remainder of the contract term (but in any event, no less than three (3) months salary), whichever is less; and if the Superintendent has elected health and/or dental coverage, shall maintain the health and/or dental insurance benefits on the terms set out above for a period of twelve (12) months or for the remainder of the contract term, whichever is less. The notice and hearing provisions set forth in Section (C) above shall not apply to a termination pursuant to this Section.

R.

GENERAL PROVISIONS 10

A. If any part if this Agreement is determined by a court of final authority to be invalid, that portion shall be severed from the Agreement, and the remainder of the Agreement shall remain in full force and effect. B. This Agreement contains the entire agreement of the parties. It may not be amended orally but may be amended only by an agreement in writing, signed by both parties. Commencing upon signing, it supersedes all prior agreements between the parties. C. Notices to the Board, as required herein, shall be sent to the Secretary of the Board and notices to the Superintendent shall be sent to him at his home address. D. This Agreement is being executed on behalf of the Board by John Barrett, Chairperson, pursuant to a vote taken by the Board of Education, at a meeting duly held on March 14, 2012 authorizing John Barrett, Chairperson, to execute this Agreement on behalf of the Board. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their proper officers, hereunto duly authorized.

______________________________ Superintendent of Schools ______________________________ Date

______________________________ Chairperson, Board of Education ______________________________ Date

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