THIS AGREEMENT is made this 19
day of May, 2014, by and between
SUSQUEHANNA TOWNSHIP SCHOOL DISTRICT having its principal place of business
at 2579 Interstate Drive, Harrisburg, Pennsylvania, 17110 (“EMPLOYER” or “DISTRICT”),
JEFFREY A. MILLER of 1221 Limerick Court, Hummelstown, Pennsylvania, (the
EMPLOYEE; jointly, the PARTIES).
1.01 It is the judgment of the EMPLOYER that the suddenly tendered resignation of
the former Superintendent of Susquehanna Township School District, Dr. Susan Kegerise
effective on April 17, 2014 and accepted by the Board on April 21, 2014 and resulting vacancy
in the Office of the Superintendent have (1) caused for the 2013 - 2014 school year an
emergency which has created an increase in the work load of the District’s Administration such
that there is serious impairment of service to the public; (2) reflected for the 2013 -2014 school
year a shortage of appropriate personnel to fill this vacancy; and (3) that it is impossible or
impractical under the circumstances to fill the resulting vacancy in the Office of the
Superintendent. Accordingly, pursuant to Section 1079 of the Pennsylvania School Code, the
EMPLOYER believes that it is in the best interests of the District that the EMPLOYEE, who is
a well-qualified retired Superintendent, be returned to school service for a period of temporary
employment not to extend beyond the period of time the emergency exists and in no case beyond
a term of one (1) year.

{L0555476.1} 2

2.01 The EMPLOYER hereby employs the EMPLOYEE, and the EMPLOYEE
hereby accepts employment, as Acting Superintendent of Susquehanna Township School District
upon the terms and conditions set forth in this Agreement and in accordance with the applicable
provisions of the Public School Code of 1949, as amended (the School Code). The term of
employment shall be from May 12, 2014 through May 11, 2015 unless terminated before the
stated term, as provided in this Agreement. EMPLOYEE understands that this is not a
permanent appointment and that the position is entitled neither to tenure nor any expectation of
continued employment. EMPLOYEE further understands that this is a Fair Labor Standards
Act exempt position.
2.02 The EMPLOYER shall compensate the EMPLOYEE based upon a per diem
rate of Five Hundred Seventy Fifty dollars ($575) per day worked of five hours or more. For
days worked less than five hours, The EMPLOYER shall compensate the EMPLOYEE at one
half of the per diem rate, or $287.50. All compensation shall be subject to all applicable tax
withholdings and other deductions required by law, as well as any deductions authorized by the
2.03 In advance of receiving any compensation for the given pay period, the
EMPLOYEE shall submit his written time records to the Board of School Directors of the
EMPLOYER (“Board”) for its review and approval via administrative action.
2.04 The EMPLOYER and the EMPLOYEE expect that the EMPLOYEE shall
work no less than three (3) full days per week beginning the work week of May 12, 2014 and

{L0555476.1} 3

each week thereafter. Additional working hours may be mutually agreed to by the Parties.
EMPLOYEE’S place of employment shall be the EMPLOYER’S principle offices.
2.05 Other than the per diem pay set forth in Section 2.02, the EMPLOYEE shall not
be entitled to any benefits whatsoever from the EMPLOYER during the term of his employment
or afterwards except as expressly set forth in this Section:
a) The EMPLOYEE shall be entitled to reimbursement from the
EMPLOYER for mileage reimbursement at the then-current Susquehanna
Township School District rate for any use of his personal motor vehicle
for any travel within and outside of Susquehanna Township School
District which may arise out of his employment; and shall be entitled to
payment or reimbursement of any other travel costs or expenses which
may arise out of his employment, including but not limited to reasonable
travel expenses, reasonable hotel/motel. EMPLOYEE understands that it
will be necessary to provide documentation sufficient to substantiate such
requests prior to payment.
b) EMPLOYEE shall not be entitled to participate in any other insurance or
benefit plans of the EMPLOYER in effect and EMPLOYEE hereby
agrees and acknowledges that he is not eligible and/or is disclaiming any
right to participate in any other insurance or benefit plan, policy, provision
or fringe benefit afforded by EMPLOYER for the benefit of other
2.06 To the extent that insurance coverage is not available, the EMPLOYER shall
defend, hold harmless and indemnify the EMPLOYEE from any and all demands, claims, suits,

{L0555476.1} 4

actions, and legal proceedings brought against the EMPLOYEE in his individual capacity, or in
his official capacity as agent and employee of Susquehanna Township School District, provided
the incident giving rise to such demand, claim, suit, action and/or legal proceedings arose while
the EMPLOYEE was acting within the course and scope of his employment as Acting
Superintendent and excluding criminal activity and pursuant to the limitations of the Political
Subdivision Torts Claims Act. However, in no case will individual Board members be
considered personally liable for indemnifying the EMPLOYEE against such demands, claims,
suits, actions and/or legal proceedings.
3.01 Either the EMPLOYER or the EMPLOYEE may terminate this Agreement by
giving the other thirty (30) days’ advance written notice of termination unless termination occurs
pursuant to Article III, Section 3.03. Notwithstanding the provisions of the prior sentence,
EMPLOYER reserves the right to terminate this Agreement and EMPLOYEE’s employment
hereunder immediately, if EMPLOYER determines in its sole discretion that EMPLOYEE has
engaged in any fraudulent conduct, gross negligence, a violation of the Pennsylvania School
Code or regulations interpreting same, or a crime that negatively impacts EMPLOYEE’s ability
to perform the functions of his/her position or any material breach or non-observance of any of
the provisions herein contained.
3.02 In the event of the termination of this Agreement under Paragraph 3.01, the
EMPLOYEE shall be entitled to compensation as set forth herein only for any worked but
unpaid hours earned by him up to and including the date of termination as provided for in this

{L0555476.1} 5

Agreement, computed pro-rata up to and including that date; the EMPLOYEE shall be entitled
to no further compensation as of the date of termination.
3.03 EMPLOYEE understands that the Employer is engaged in litigation with the
former Superintendent of Schools, Dr. Susan Kegerise. If a final order should issue from a court
of competent jurisdiction which compels EMPLOYER to reinstate Dr. Kegerise to the position
from which she resigned on April 17, 2014, then the Parties shall consider this Agreement void
immediately and EMPLOYEE shall be entitled to the compensation earned by him up to and
including Dr. Kegerise’s reinstatement by court order, computed pro-rata up to and including
that date; the EMPLOYEE shall be entitled to no further compensation as of the date of
4.01 The duties and responsibilities of the EMPLOYEE shall be:
A. The Acting Superintendent shall be charged with the administration of the
Schools under the direction of the Board. The Acting Superintendent shall be the Chief
Executive Officer of the District and, as such, shall be responsible for:
1. Recommending the employment of all employees and directing and
assigning teachers and other employees of the schools under his
2. Organizing and supervising the administrative and supervisory staff;
3. Suggesting policies and procedures to the Board for the efficient and
proper operation of the District;

{L0555476.1} 6

4. Recommending annual objectives for the District consistent with the
direction and priorities established by the Board;
5. Establishing and maintaining procedures and controls for expenditures of
all school funds in accordance with the annual school budget subject to the
direction and approval of the Board;
6. Involving the Board at the appropriate time in the preparation of the
annual budget;
7. Providing the Board with information pertinent to its legislative role;
8. Preparing and submitting to the Board all matters requiring legal action
and promptly informing the Board President of serious matters including
but not limited to: allegations involving staff, student safety, facilities,
transportation, parent and staff concerns;
9. Informing the Board as to the operation of the school system and making
recommendations for the more efficient operation thereof; and
10. Performing all duties incident to the Office of the Superintendent as set
forth in the School Code and such other duties as may be legally
prescribed by the Board;
11. Providing recommendations for Board meeting agenda items and attend
board meetings, including executive session except matters related to him
and/or current litigation involving prior superintendent;
12. Providing recommendations and participate in union negotiations;
13. Performing such other duties that are described in applicable law, or
performing such additional services and fulfilling such additional duties as

{L0555476.1} 7

required by the District from time to time according to the instructions,
directions and control of the School Board.
B. The Acting Superintendent shall be responsible for the total day-to-day
administration of the District subject to officially adopted policies of the Board. The District, on
its own behalf and on behalf of the electors of the District, and the Acting Superintendent hereby
retain and reserve all power, rights, authority, duties and responsibilities conferred upon and
invested in it and in him, respectively, by the laws and the Constitution of the Commonwealth of
Pennsylvania save for any power or rights limited by the express terms of this Agreement.
4.02 The EMPLOYEE shall strictly adhere to all of the EMPLOYER’S rules,
policies and regulations which are presently in force and which may amended or established
4.03 The EMPLOYEE covenants that he possesses all of the certifications, licenses
and qualifications that are required by law to serve as an Acting Superintendent in accordance
with the School Code and that he will maintain the same throughout the term of this Agreement.
4.04 The EMPLOYEE agrees to devote his full time, attention, energies, skills and
labor to his employment as Acting Superintendent during the term of this Agreement provided,
however, that he may undertake other work, including but not limited to consultative work,
speaking engagements, writing, lecturing, adjunct teaching or other professional services,
with prior written consent of the Board, so long as such work does not in any way interfere with
his duties as Acting Superintendent, the purpose of the District or Pennsylvania law including,
but not limited to, the Pennsylvania Ethics Act.

{L0555476.1} 8

5.01 This Agreement supersedes any and ALL other representations, understandings,
and agreements, either oral or in writing, between the parties to this Agreement with respect to
the employment of the EMPLOYEE by the EMPLOYER, and contains the mutual and
complete agreement between the EMPLOYEE by the EMPLOYER with respect to the terms
and conditions of employment. Accordingly, this Agreement sets forth the entire, exclusive
agreement between the parties.
5.02 The benefits of this Agreement are and shall be personal to EMPLOYEE, and
none thereof shall inure to the benefit of his/her heirs, personal representatives, or assigns except
as specifically stated herein. The obligations and duties of EMPLOYEE hereunder shall be
personal and not assignable or delegable by him/her in any manner whatsoever.
5.03 Notwithstanding any term or provision in this Agreement or elsewhere, oral or in
writing, this Agreement shall not be modified except in a writing signed by the EMPLOYEE
and approved by the EMPLOYER and executed by an authorized officer of the EMPLOYER
following any approval required by law.
5.04 If during the term of this Agreement it is found that a specific clause of the
Agreement is illegal under Federal or State Law, the remainder of the Agreement not affected by
such ruling shall remain in force.
5.05 All references to the School Code contained in this Agreement also refer to and
incorporate any amendment or recodification of such Code.
5.06 This Agreement shall be governed by and construed in accordance with the laws
of the Commonwealth of Pennsylvania.

{L0555476.1} 9

5.07 EMPLOYEE consents to venue and personal jurisdiction in the United States
District Court for the Middle District of Pennsylvania or the Court of Common Pleas of Dauphin
County and any claims arising out of this Agreement may be heard and determined in either
court and service of process may be achieved according to the rules then and there pertaining.
5.08 A waiver by EMPLOYER of any breach of this Agreement by EMPLOYEE, in
whole or in part, or any default in performance shall not be deemed to constitute a waiver of any
other provision or any subsequent breach or default; nor shall the failure or delay of the
EMPLOYER to enforce any of the provisions of this Agreement be construed as a waiver to
enforce such provisions or any other provisions of the Agreement.
5.09 This Agreement shall be construed without reference to the identity of the drafter.
5.10 Number and Gender: The use in this Agreement of any particular gender or the
plural or singular number shall be intended to include the other gender or number as the text of
this Agreement may require.
5.11 Notices: All notices shall be given in writing and shall be deemed to have been
given if delivered or mailed registered or certified mail, postage prepaid, to the following
To the EMPLOYER: to the main office of the School District addressed to the
President of the School Board with copies to the School Board Secretary and the
Solicitor to the School District.
To the EMPLOYEE: at the address shown on the School District’s records.

{L0555476.1} 10

Intending to be legally bound hereby, the parties have signed this Agreement in Dauphin
County, Pennsylvania, on the day and year first above written.





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