SUPERINTENDENT'S EMPLOYMENT AGREEMENT It is hereby agreed by and between the Board of Education of the Town of Coventry (the "Board

") and David Petrone (the "Superintendent") that the Board, in accordance with its action by vote pursuant to Conn. Gen. Stat. §10-157, has and does hereby employ David Petrone first as Acting Superintendent of Schools and subsequent to and contingent upon the attainment of his State certification, effective July 1, 2012, as Superintendent of Schools of the Coventry Public Schools. David Petrone hereby accepts employment as first as Acting and subsequent to and contingent upon attainment of his State certification, effective July 1, 2012, Superintendent of the Coventry Public Schools upon the terms and conditions hereinafter set forth. 1. TERM

The period covered by this Agreement shall be effective upon execution through and including June 30, 2015. Prior to June 30, 2015, the Superintendent may request that the Board extend the term of this Agreement for an additional year. Within sixty (60) days after receiving such a request from the Superintendent, the Board shall give the Superintendent notice of its intention to renew or not to renew this Agreement for an additional year, provided that failure of the Board to notify the Superintendent of its decision within such sixty (60) day period shall be construed as notice that the Board does not intend to renew the Superintendent's contract for an additional year. Anything in this Section to the contrary notwithstanding, the provisions of Section 7 of this Agreement shall take precedence and the Superintendent's employment may be terminated under the provisions of said Section. The terms "year" and "annual" (or any derivations thereof) as used herein refer to the period of July 1 through June 30 during the term of this Agreement. 2. COMPENSATION

The total base salary of the Superintendent ($145,000 prorated for the period of January 1, 2012 through June 30, 2012; $150,000 annually effective July 1, 2012; $155,000 annually effective July 1, 2013; and $160,000 annually effective July 1, 2014) shall be the sum of the following two components: A. Annual Salary – for the period of January 1, 2012 through June 30, 2012, in the sum of seventy two thousand, five hundred dollars ($72,500) compensation, payable in installments. For the period of July 1, 2012 through June 30, 2013, in the sum of one hundred thirty thousand dollars ($130,000), payable in installments. For the period of July 1, 2013 through June 30, 2014, in the sum of one hundred thirty five thousand dollars ($135,000), payable in installments. For the period of July 1, 2014 through June 30, 2015, in the sum of one hundred thirty five thousand dollars ($135,000), payable in installments. Salary payments due hereunder shall be payable in accordance with Board policy governing payment of compensation to the Board's certified employees. The salary payable to the Superintendent hereunder shall be reduced by the amount of all deductions therefrom which
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the Board is required by law to make, including, but not limited to, federal withholding tax, payroll taxes and deductions of contributions to the State Teachers Retirement System. B. Tax-Deferred Annuity Contribution - For the period of January 1, 2012 through June 30, 2012, there shall be no tax deferred annuity contribution by the Board. Effective July 1, 2012, an additional sum in the amount of twenty thousand dollars ($20,000), as to which the Superintendent will arrange to have an elective deferral deducted from his salary on a pre-tax basis as permitted under IRS Section 403(b), as amended, and contributed toward the purchase of a 403(b) annuity with a tax sheltered company of his choice. Effective July 1, 2013, an additional sum in the amount of twenty thousand dollars ($20,000), as to which the Superintendent will arrange to have an elective deferral deducted from his salary on a pre-tax basis as permitted under IRS Section 403(b), as amended, and contributed toward the purchase of a 403(b) annuity with a tax sheltered company of his choice. Effective July 1, 2014, an additional sum in the amount of twenty five thousand dollars ($25,000), as to which the Superintendent will arrange to have an elective deferral deducted from his salary on a pre-tax basis as permitted under IRS Section 403(b), as amended, and contributed toward the purchase of a 403(b) annuity with a tax sheltered company of his choice. In addition, to the extent the amount specified in B above does not exceed the applicable IRS dollar limits set forth in Sections 402(g) and 414(v) of the Internal Revenue Code, the Superintendent may elect each year to reduce her salary on a pre-tax basis up to the applicable dollar limits set forth in Section 402(g) and Section 414(v) of the Internal Revenue Code, under the plan available to Board employees generally in accordance with Section 403(b) of the Internal Revenue Code, as amended. If the Superintendent remains continually employed by the Board and is employed in his capacity as Superintendent as of June 30, 2019, and the Board at that time determines through its Superintendent Evaluation process that he has satisfactorily met longevity goals (which goals shall be determined no later than June 30, 2015) as determined by the Board, he shall be paid a one time longevity payment of $20,000. This payment shall be made within three (3) months of the June 30, 2019 date contained herein. For the purposes of reporting the Superintendent’s salary and for reporting his contributions for a particular contract year to the Connecticut State Teachers’ Retirement System, the Board shall include the full amount of the Superintendent’s total annual base salary, which includes the sum of the amounts specified in Sections A and B above. In years for which longevity is paid, such payments shall be included in the Superintendent’s total annual base salary. Any adjustment in salary made during the life of this Agreement shall be in the form of an amendment and shall become part of this Agreement. 3. INSURANCE A. Health Insurance. The Superintendent may elect single, spousal, or family health insurance coverage from one of the plans described below:

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1.

Preferred Provider Plan with the following: a. b. c. d. e. f. Twenty-five dollar ($25) office co-pay. Five hundred dollar ($500) in-patient hospitalization co-pay. Seventy-five dollar ($75) emergency room co-pay. Seventy-five dollar ($75) urgent care co-pay. Two hundred fifty dollar ($250) out patient surgery co-pay. Three-Tier Drug Program: i. ii. Ten dollar ($10)/twenty five dollar ($25)/forty dollar ($40) co-pay. Unlimited annual maximum.

iii. Two (2) times the applicable co-pay for mail order for a ninety (90) day supply. Premium Share: a. Effective January 1, 2012, the Superintendent shall contribute twenty percent (20%) of the premium costs. Effective July 1, 2013, the Superintendent shall contribute shall contribute twenty one percent (21%) of the premium costs. Effective July 1, 2014, the Superintendent shall contribute shall contribute twenty two percent (22%) of the premium costs.

b.

c.

2.

A Health Savings Account (HSA) plan, or a high deductible health care plan with a health savings account feature, including the following components: Cost Shares Provisions Annual Deductible (individual/aggregate family) Co-insurance Annual Out-of-Pocket Maximum Co-insurance Lifetime Maximum Preventive Care In-Network Out-of Network $1,500 /$3,000 100% $1,500 individual coverage/$3,000 family coverage Unlimited Deductible not
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20/80% after deductible, up to co-insurance maximum $3,000 individual coverage $6,000 family coverage Unlimited 20% after deductible, subject to co-insurance

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Prescription Drug Coverage

applicable limits Treated as any other medical expense/100% after deductible

The Board will contribute seventy-five percent (75%) of the applicable HSA deductible amount. The Board’s contribution toward the HSA deductible will be deposited into the HSA accounts throughout the course of the year, on the employing Board’s payroll dates. The parties acknowledge that the Board’s contribution toward the funding of the HSA plan is not an element of the underlying insurance plan, but rather relates to the manner in which the deductible shall be funded for active employees. The Board shall have no obligation to fund any portion of the HSA deductible for retirees or other individuals upon their separation from employment. Effective July 1, 2013, the Board will contribute fifty percent (50%) of the applicable HSA deductible amount. HSA Premium Share: a. Effective January 1, 2012, the Superintendent shall contribute thirteen percent (13%) of the premium costs. Effective July 1, 2013, the Superintendent shall contribute fourteen percent (14%) of the premium costs. Effective July 1, 2014, the Superintendent shall contribute fifteen percent (15%) of the premium costs.

b.

c.

D. Dental coverage will be provided through the Dental Co-Insurance Family Plan. If dental coverage is elected, then the Superintendent shall contribute the same premium contribution as the premium contribution to the medical Preferred Plan. B. The Board shall provide for the Superintendent, at its expense, term life insurance with Accidental Death and Dismemberment, coverage in the amount of three times the Superintendent’s annual salary, subject to the Superintendent's insurability.

4.

FRINGE BENEFITS

A. Sick Leave - The Superintendent may carry over into his employment as Superintendent up to two hundred (200) sick days. Such days shall be for use only and shall not be eligible for the payout provisions contained herein. Furthermore, the Board shall provide the Superintendent with twenty-four (24) sick days annually (pro-rated for the period of January 1, 2012 through June 30, 2012), cumulative up to two hundred (200) sick days, which may be used for sick leave or for the payout provisions contained herein. At no time, however, shall the Superintendent, by way of carry over from his previous employment with the Board, or through accumulation in accordance with the terms of this Agreement, carry more than two hundred sick

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days, except as otherwise stated below. Sick days may be used only for personal illness of the Superintendent or a member of the Superintendent's immediate family. In the event of a medical emergency (such as hospitalization), the Board will provide an additional fifty (50) base sick days. The additional fifty (50) base sick days will not be made part of any termination benefits. The Board agrees to pay the Superintendent in the amount of $100.00 per day for accrued sick leave,, up to two hundred (200) days accrued as the Superintendent of Schools and exclusive of carried over days from the Superintendent’s previous Board employment, at the time of the termination of his employment with the Board, provided that the Superintendent shall not be eligible for payment for unused sick leave in the event the Board terminates his employment for good cause as set forth in Section 7. In the event of the Superintendent's death, the Superintendent's estate shall be paid for the value of the Superintendent's unused sick leave, up to two hundred (200) days, at the rate of $100.00 per day. B. Personal Leave - The Board shall provide the Superintendent with five (5) personal leave days with pay each year to be used for personal business which cannot be conducted other than during the work day. C. Vacation - The Board shall provide the Superintendent with thirty (30) vacation days each year, exclusive of Saturdays, Sundays and legal holidays. Vacation days may not be accumulated from year to year, except that the Superintendent may carry over up to one (1) week of vacation each year. The total number of vacation days in any one contract year shall not exceed 35 days. D. Bereavement Leave - The Board shall provide the Superintendent five (5) days for the death of spouse, child, parents, brother, sister, current spouse of brother or sister and parents of current spouse. For the death of other members of immediate family, this absence shall not exceed two (2) days. Members of immediate family include grandparents, grandchildren, aunts and uncles, brothers and sisters of current spouse and any relative who resides in the employee’s household. Additional days may be applied for under exceptional circumstances. E. Other Leaves - At the request of the Superintendent, and with the approval of the Board, additional leave with or without pay may be authorized. F. Automobile Allowance - The Board shall provide the Superintendent with an annual payment in the amount of two thousand dollars ($2,000), payable in two semi-annual installments of one thousand dollars ($1,000), as reimbursement for all business-related travel. G. Business Expenses - The Board shall reimburse the Superintendent for actual expenses incurred for participation in professional association meetings and conferences provided that the Superintendent shall not be absent from the Coventry School District (the "District") for the purpose of attending any such meetings or conferences for more than three (3) consecutive days without prior notice to the Board of Education Chairman. Also, the Superintendent shall not, without the expressed authorization of the Chairperson of the Board of Education, attend meetings or conferences, which take place at the same time as meetings of the Board or meetings of the Town of Coventry (the "Town") concerning matters related to the Board, so as to prevent the Superintendent from attending the Board or Town meeting.
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H. Membership Fees - The Board shall pay the full cost of the Superintendent maintaining professional association memberships in recognized state, regional and national associations. I. Technology - The District shall provide the Superintendent with the use of a cell phone or similar device, as well as a voice and data plan. J. Community and Staff Relations - The Board shall provide the Superintendent with an annual payment of twenty-five hundred dollars ($2,500), as partial reimbursement for expenses incurred on behalf of the Superintendent for public relations activities undertaken on behalf of the Board including, but not limited to celebrations and memorials, staff development, etc. 5. PROFESSIONAL CERTIFICATION AND RESPONSIBILITIES OF SUPERINTENDENT

A. Certification - At all times during the term of this Agreement, the Superintendent shall hold a valid Superintendent of Schools certificate issued by the State of Connecticut. Failure to attain or maintain a valid Superintendent of Schools certificate issued by the State of Connecticut shall result in immediate termination from employment. B. Evaluation - The Board shall meet and discuss the evaluation format with the Superintendent and shall, in good faith, agree on the development and adoption of a mutually agreeable evaluation format. The Board shall adopt a mutually agreed to evaluation format within ninety (90) days of the commencement of this agreement. The Board, in Executive Session, shall evaluate the Superintendent pursuant thereto within ninety (90) days, but not less than sixty (60) days prior to the expiration of each year during the term of this agreement. In the event that the Board determines, under the evaluation format, that the performance of the Superintendent is deficient in any respect, it shall describe, in reasonable detail, said deficient performance. The evaluation shall include recommendations as to areas of improvement in all instances where the Board deems performance to be deficient and all other instances where the Board deems such to be necessary or appropriate. A copy of the written evaluation shall be delivered to the Superintendent within thirty (30) days of its completion and the Superintendent shall have the right to make a written reaction or response to the evaluation, which shall become a permanent attachment to the Superintendent's personnel file. Within thirty (30) days of delivery of the written evaluation to the Superintendent, the Board, in Executive Session, shall meet with the Superintendent to discuss the evaluation. Whenever the Board has evaluated performance, in whole or in part, to be deficient, or has made recommendations as to areas of improvement, the Chairperson of the Board’s Executive Committee shall meet in Executive Session with the Superintendent and endeavor to assist the Superintendent in improving his performance as to such matters. Said Committee shall report in writing to the full Board, with a copy to the Superintendent, its activities and the results thereof, within ninety (90) days. Thereafter, the Board may continue the Committee and require additional reports where necessary.
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C. Duties - the Superintendent is the Executive Officer of the Board and shall perform all duties incident to the Office of the Superintendent, consistent with the policies of the Board, the laws of the State of Connecticut and the rules and regulations of the Commissioner of Education, and shall perform such other duties as the Board may require from time to time. The Superintendent will perform faithfully the duties of his office and devote his entire time, skill, labor and attention to those duties during the term of his employment. The Superintendent may, subject to prior approval to the Chairperson of the Board, undertake speaking engagements, writing, lecturing, or other professional duties and obligations, provided said activities do not conflict with or derogate from performance of the Superintendent's duties as Superintendent of Schools. The Board acknowledges that the Superintendent shall have the specific authority, right and responsibility to supervise and direct all personnel in the District directly or through the administrative supervisory staff. 6. PROFESSIONAL LIABILITY

A. To the extent set forth by Section 10-235 of the Connecticut General Statutes, the Board shall defend, hold harmless and indemnify the Superintendent from any and all demands, claims, suits, actions, and legal proceedings, excluding criminal proceedings, brought against the Superintendent in his individual capacity, or in his official capacity as agent and employee of the Board, provided the transactions or incidents giving rise to such demands, claims, suits, actions or legal proceedings occurred while the Superintendent was acting within the scope of his employment as Superintendent; provided further, such demands, claims, suits, actions do not arise from acts which are wanton, reckless or malicious. In no event shall individual members of the Board be held personally liable for defending, holding harmless or indemnifying the Superintendent against such demands, claims, suits, actions and legal proceedings. B. If, in the good faith opinion of the Board, a conflict exists between the legal positions of the Superintendent and the Board with regard to the defense of any demand, claim, suit, action or legal proceeding against the Superintendent, the Superintendent may engage separate legal counsel to represent his, in which event the Board shall indemnify the Superintendent for the reasonable costs of such legal representation, subject to the same limitations and provisions set forth in Paragraph A of this Section 6. C. The Board agrees that it shall defend, hold harmless, and indemnify the Superintendent from any and all demands, claims, suits, actions, and legal proceedings brought against the Superintendent in his individual capacity or in his official capacity as agent and employee of the Board, provided the incident arose while the Superintendent was acting within the scope of his employment and excluding criminal litigation and as such liability coverage is within the authority of the Board to provide under State law, except that in no case will individual Board members be considered personally liable for indemnifying the Superintendent against such demands, claims, suits, actions, and legal proceedings. 7. TERMINATION A. B. The parties may, by mutual consent, terminate this Agreement at any time. The Superintendent shall be entitled to terminate this Agreement upon
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written notice of ninety (90) days, except that the ninety (90) day notice is not required if termination is part of an action to implement a new contract between the parties hereto in which case verbal notice by the Superintendent, duly witnessed and recorded in the minutes, is acceptable. C. The Board may terminate this Agreement during the term for one or more of the following reasons: (1) (2) (3) (4) (5) Inefficiency or incompetence; Insubordination against reasonable rules of the Board of Education; Moral misconduct; Disability which renders the Superintendent unable to carry out the essential functions of his job, as shown by competent medical evidence; Other due and sufficient cause.

In the event the Board seeks to terminate this Agreement for one of the above reasons, it shall serve on the Superintendent written notice that termination of his contract is under consideration. Such notice shall be accompanied by a written statement of reasons. Within fifteen (15) days after receipt from the Board of written notice that the contract termination is under consideration, the Superintendent may file with the Board a written request for a hearing before the Board which shall be held within thirty (30) after receipt of such request. The Board shall render its decision within fifteen (15) days of the completion of such hearing and shall send a copy of its decision to the Superintendent, setting forth the reasons and evidence for its decision as presented at the hearing. Such hearing may be in executive or public session at the option of the Superintendent. The Superintendent shall have the right to his own counsel at his own expense. Any time limits established herein may be waived by mutual agreement to the parties. D. 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 the remainder of the contract term and shall maintain the health insurance benefits described in this Agreement for the remainder of the contract term. Such payments and insurance shall be paid out over the course of the remaining period of the contract, and shall not be paid in a lump sum, unless otherwise agreed to by the Superintendent and the Board in writing. The notice and hearing provisions set forth in Section (C) above shall not apply to a termination pursuant to this Section. Any time limits established in this Section may be waived by mutual written agreement of the parties. Nothing herein shall be construed to prevent the Board from immediately suspending the Superintendent from his duties with pay when the alleged cause for termination is serious misconduct. 8. AMENDMENT

This Agreement may be amended and/or modified at any time by mutual agreement, provided, however, that any modification and/or amendment must be in writing and be executed by both the Superintendent and at least two (2) representatives of the Board following approval of the amendment and/or modification by the Board.
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9.

GENERAL PROVISIONS All notices or other communications to be given under this Agreement shall be in

A. writing.

B. No waiver by any of the parties to this Agreement of any breach of any condition, term or provision of this Agreement shall be deemed to be a waiver of any preceding or subsequent breach of the same or any other condition, term or provision. C. This Agreement contains the entire agreement between the parties hereto and supersedes all prior negotiations and written or oral agreements with respect to the Board's employment of the Superintendent. D. The terms of this Agreement shall be interpreted and governed by the laws of the State of Connecticut. E. If any provision of this Agreement shall be declared void or unenforceable by any court or administrative body of competent jurisdiction, each provision shall be deemed to have been severed from the remainder of this Agreement, and the balance of the Agreement shall continue in all respects to be valid and enforceable. IN WITNESS WHEREOF, the parties hereto have affixed their signature as of this ____, day of ___________________.

___________________________ David Petrone, Superintendent of Schools

For the Coventry Board of Education:

___________________________ Jennifer Beausoleil, Chairman

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