EMPLOYMENT CONTRACT FOR SUPERINTENDENT This EMPLOYMENT CONTRACT ("Contract") Is made this 3rd day of June, 2013, by and between the ASHE COUNTY BOARD OF EDUCATION (the “Board of Education") and Dr. Ernest Toda Holden (the “Superintendent ‘WarnesserH: Pursuant to North Carolina General Statute 1356-271 and subject to the terms ofthis Contract, the Board of Education har elected to. employ Dr. Crnest Todd Walden as Superintendent of the Ashe County Schools Administrative Unit and Or. Holden has elected to accept this postion. NOW THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter stated, and in furtherance oftheir mutual objective, the Board of Education and the Superintendent hereby contrac, covenant, and agree as follows 1. CONTRACT TERM ‘The term of this Contract ls four (4) years beginning July 1, 2033 and ending (unless Sooner terminated as hereinafter provided) June 30, 2017. ‘Not later than January 1, 2017, the Board of Education shall notify the Superintendent whether or agt Ie wl extend the tem of this Contract beyond the expiration 2. GERTIFICATION AND UceNsURE ‘Throughout the petod of employment applicable to this Contract, the Superintendent shall holland maintain such certification or censure as may be required for the position of Superintendent by the North Carona Department of Public Instruction (*OP%*) and the North Carolina State Board of Education ("SBOE"). Fallure to hold and maintain this certification or censure shall be deemed a breach ofthe terms of ths Contract 3. poms |A. The Superintendent shall have charge ofthe administration ofthe Ashe County Schools under the direction of the Board of Education. He shall be the chief ‘executive ffcer ofthe Ashe County Schools; shall serve as secretary ex ofl to ‘the Board of Education; shal direct and ssign teachers and other employees of ‘the schools under his superison; shall organize, eorganize and arrange the administrative and supervisory staf, including instruction and business affairs, ‘and shall have the authority to assign and transfer personnel and to asign work stations and offices in any manner or fashlon which in his professional judgment> best serves the Ashe County Schools; shall select al personnel subject to the’ ‘approval of the Board of Education; shall have the authalty t accept resignations of personnel, for and on behalf of the Bose of Education shall rom time totime suggest regulations, rules and procedures deemed necessiry forthe ‘operation of the school system; and, Ia general, perform all thoie duties prescribed by the DP, the SBOE, the Ashe County Board of Education, and applicable Federal and State statutes, rules, and regulations, Including, but not limited to, the duties and powers preserbed for a superintendent by Chapter 1ISC of the North Carolina General statutes, Including specifically W.CG.S. § 11sc-276 ‘he Board of Education, individually and collectively, shall promptly cefer all material erticisms, complains, and suggestions called to its attention to the Superintendent for study and recommendation, This a contract forthe performance of professional services as superintendent. The Superintendent shall not be reassigned to any other postion of have hiz duties reassigned without his consent, except In cases of disabilty (as escrbed In ection 13. ofthis Contract (SATION ‘The Superintendent shall recehve a base salary determined annually by che Board ‘of Education nation to ths base salary, the Superintendent shall receive any special compensation payments authorized by the North Caroling General Assembly and pald from state funds, including, but not limited to, longevity payments, compensation bonuses, and performance bonuses. ‘The aggregate annual salary paid the Superintendent from state and local funds shall be pad In equal monthly installments in accordance with the ues ofthe Board of Education governing payment of other professional employees of the school administrative unt During the period of this agreement, the Superintendents salary shall be reviewed atleast annually by the Board of Education. The Board of Education. may increase the Superintendents salary by mutual consent or at anytime by action ofthe Board of Education, [At the Superintendent's request, the Board of Education shall withhold from his annual salary, and transfer to any taefavored annuity oF retirement program selected by him, such amount as he may designate. The withholdings and transfers shall be made anoualy,sert-annually, quarterly, or monthly as the Superintendent may direct,VACATION AWo OTHER BENEFITS ‘A. Vacation and Sick Leave. The Superintendent shal receive vacation and sick leave as provided by state law and SBOE regulations. Anna leave and sick leave shall be taken in accordance with Board of Education policy and SBOE regulations. Vacation and sick leave may be earl forward as provided by law and Board of [Eduction policy, and payment for any accrued and unused vacation leave atthe termination af this Contract shall be made n accordance with Board of Education pak Leave eamed by the Superintendent in the North Carolina Retirement System ror to employment with the Ashe County Schools that could be credited tothe Superintendent based on servic in other Noth Caatina public schoo ystems wil be transferred to hls atcumulated leave in Ashe County, provided no cost kz Incurred by or assessed against the Ashe County Schools. 5. Insurance Benefits. The Superintendent shal recelve health insurance coverage for himself. The Superintendent willbe eligible for the medical reimbursement ‘that Is pal by the Board to all employees. The cost ofthis insurance coverage shall be pal bythe Board of Education, C Membership In Professional Organizations. The Superintendent hall maintain membership in the American Association of School Administrators, the North Carolina Association of School Administrators, and such other professonal ‘organizations that the Superintendent believes are necessary to maintain and Improve his professional sls and are approved by the Chairperson ofthe Board ‘of Education. The costs ofthese memberships and of partipation In professional meetings, seminars, and other opportunltis related to these organizations shal ‘be pad by the Board of Education, PROFESSIONAL GROWTH OF SUPERINTENDENT ‘The Board of Education expects the Superintendent to continue his professional development and expects him to participate in relevant learning experiences. The ‘Superintendent should ettend appropriate professional meetings atthe local and state level and, withthe prior approval ofthe Charperson of the Board of Education, atthe national level. The actual expenses of said attendance shall be pald by the Board of Education. The Superintendent shal le itemized expense statements withthe finance officer ofthe Ashe County Sthools10. mot SES AND OTHER EXPENSES “The Superintendent shall be provided with a vehicle for use in performing his duties as ‘uperintandent locally and statewide travel, In addtlon the Suerlntendent shall be Teimbuceed at the state rate the full amount of all other expenses (Including, for example, but not limited to, meals and lodging) Incurred In the performance of his duties as Superintendent. WA TELE ERS ‘The Boar! of Education shal provide the Superintendent with a cll phone. The Board ‘of Education shall be responsible for maintenance expenses for the cellular telephone. In adaltin, the Board of Escalon shall provide the Superintendent with two ‘computers laptop and desktop) to use nthe execution of his dutes as Superintendent. ‘The Bowd of Education shall be responsible for maintenance expenses for the computers. PROFESSIONAL UABIUTY ‘The Boasd of Education shall defend, hold harmless, and indemly the Superintendent from any and all demands, claims, suits, actions and legal proceadings brought against, the Superintendent in his individual capacty, or n his offal capacity as agent and ‘employes of the Board of Education, provided the Incident ging rise to any such ‘demand, claim, sut, ation of legal proceeding arose while the Superintendent was acting wthin the scope and course of his employment; and provided further, that such Tabilty coverage Ie within the authority of the Boord of Education to provide under North Carolina law, The Board of Education shall provide indemnty from Habit as et forth above fr all claims made and occurrences throughout the term ofthis Contract and any extensions thereof. n no cate wil individual Board of Education members be ‘considered personaly lable fr ndemnifying the Superintendent against such demands, claims, sls, actions and legal proceedings. The Board of Education shall na, however, be requted to provide for, or pay, the costs of any legal proceedings should the Board ‘of Education and the Superintendent be adverse parties. INFORMATIONAL REPORTS: OFFICIAL STATEMENTS To the extent that is reasonable and allowed by applicable law, administrative ‘egulatien, or policy, the Superintendent shall inform the Board ef Education regarding ‘events within the Aahe County Schools administrative unit He shall not make o issue any offtial statement on behalf of the Board of Education without the Board of FEducatin’s prior approval14 2 a EVALUATION OF SUPERINTENDENT ‘At east annually the Board of Education shall conduct an appraisal of the performance of the Superintendent 2: Superintendent of the Ashe County Schools administrative lit. The Board of Education shall ciscuss the eesuls of this appraisal with the ‘Superintendent in closed setsion. In addition, the Board of Education and the Superintendent may discuss, at any time, the Superintendent's performance as Superintendent and/or any other matter invohing the relationship between the Board ff Education and the Superintendent. Each year, or as often as necessary, the Superintendent shall coordinate with the Goard of Education a retreat to plan, establish, ‘nd evaluate objectives for the Ache County Schools administrative unt REPRESENTATIONS AND WARRANTIES ‘The Superintendent represents and warrants that he has never been dlscharged from ‘any prior employment for cause; that he has nat been convicted of a criminal offense; that he has not declared bankruptcy or otherwise become unable to pay bis ust debts; ‘that no cil judgment has been rendered against him at any time in any Jurisition ‘whatsoever; and that he has not committed in any jriscietion whatsoever any offense for which he would be subject to dscharge under North Carolia General Statstes § 1156-274 or other applicable law. ayst 1ON; INABILITY TO PERFORM EMPLOYMENT DUTIES |A. Throughout the term ofthis Contract, the Superintendent shall immediately notify the Board of Edveation of any condition incured by him that may threaten or otherwise detrimental affect his ability to perform the duties of Superintendent of the Ashe County Schools administrative unit. The Board of Education may require the Superintendent to submit to a physlal and/or mental examination, Including testing for alcohol or drug use, at any time the Board of Education has reasonable grounds to suspect the existence of a condition wien in its epnion ‘mandates such additional examination. The Board of Education shal pay all costs incurred in such addtional examinations. 2. should the Superintendent because of llness, aeldent, oF other such cause be ‘unable to perform the tis of Superintendent and should such inability continue beyond the time period avaliable to him as sick leave and/or vacation leave, or should the Soard of Education determine that such inablty is permanent, Inreparabe o of such nature as to render the Superintendent, in the dscration of. the Board of Education, Incapable of performing his duties as Superintendent, and the Superintendent is eligible for long-term disability benefits provided in this Contract, the Board of Education at its option may terminate this Contract,whereupon the respective rights, duties, and obligations f the partes shall cease. ‘his Paragraph ofthe Contract fs nat intended to deprive the Superintendent of ‘any accumulated sick leave, vacation leave nor long-term diablty benefits. The determination of the Superintendent's Inability to perform his duties of ‘Superintendent shall be based upon an examination by aphysan duly icensed to prctce medicine In the State of North Carolina and approved by both the ‘Superintendent andthe Board of Education. 14, TERMINATION OF EMPLOYMENT; SUSPENSION ‘A. The Board of Education may discharge the Superintendent for cause during the term of this Contract. Cause for cischarge shal Include, but not be limited to, these specified in North Carolina General Statute §115C-274 (including any Aarmendrnents enacted subsequent to this Contract) rior to any decision of the Board of Education to discharge the Superintendent for cause, the Superintendent shall have the right toa written statement of the alleged grounds for discharge and a hearing before the Board of Education. The ‘Superintendent shall receive at least ten (10) days pror written notice of the ‘ate, time, and place of this hearing. At this hearing the Superintendent shall have the right to be present, to be represented by counsel at his expense, to present evidence in his behalf, and to examine adverse winesses. It shall not be a bass for objection by the Superintendent that a member of the Board of Education should be recused from the hearing becouse the member has presented, or has participated in presenting to the Board of Education, notice of the alleged grounds for discharge. The Board of Educstion shall conduct the hetcng in closed session and in accordance with appliable provisions of Horth CCeolina Genera Statute 125C-325(3). if the Board of Education determines by a preponderance ofthe evidence that grounds for discharge exists, the Board may ‘lzharge the Superintendent by wetten resolution. Uson the Issuance of such ‘solution, the respective rights, duties, and obligations ofthe parties under this Contract shall ceate. The Board of Education shall make a record of the hearing ‘and, upon aay appeal, shall provide to the Superiendent without cost 3 ‘uanscript ofthis recor, [At any time the Board of Education finds that grounds may exist for the ‘Suserintendent’s discharge, or at any time the Board of Education receives 2 report from the Superintendent of Public Instruction pursuant to North Carlina General Statute 115C-274, the Board of Education in its discretion may suspend ‘he Superintendent with pay for 2 time period not to exceed ninety (90) days Porto such suspension, the Board of Education shal rotfy the Superintendent ‘nwrting that it plans to suspend hen and the basis fo such suspension. fit is1s, 16. w. 18, finaly determined that no grounds for suspension oF discharge exist, the ‘Superintendent shall be reinstated immediatly LUNWATERAL “The Board of Education shal have the right at any time In its sole discretion, upon ninety (20) days written notice, to unilaterally terminate this Contract. Inthe event of such termination, the Board of Education shal pay tothe Superintendent an amount equal to bis annual salary for the then curcent year. This amount shall be reduced by any compensation received by the Superintendent In another position of employment ‘thin the remaining contact year. Should the Board of Edueaton exercise ths right of ‘unilateral termination, the rights ofthe Superintendent to a pre-termination hearing under Section 14 ofthis Contract shall not apply ané the right ofthe Superintendent to ‘otherwise appeal the Board of Education’ action shall be deemed to have been waived by the Superintendent. flemoval of the Superintendent for cause does not qualify 35. unilateral termination under this paragraph unless the Board of Education specifies ‘otherwise a the time of removal ‘SERVICE BEFORE JULY 2, 20:3 [Ax the request ofthe Board of Education, the Superintendent may render professional services to the Board of Education before July 2, 2013. In such event, the Superintendent shall be paid 2 per diem consulting fee atthe rate of 2/227 of the Superintendent's aggregate annual salary and, in addton, shall be reimbursed for his actual, reasonable tra {OVAL BY STATE SUPERINTENDENT AND STAI EDUCATION ‘The election of Dr. Ernest Todd Holden as Superintendent of the Ashe County Schools administrative unit is subject to the approval ofthe State Superintendent of Public Instruction andthe State Board of Education pursuant to North Carolina General Statute 1115C-271, Should such approval notbe granted, this Contracts ull nd vod. APPLICABLE LAW This Contract shall be governed by applicable law of the State of North Carolin, Including but nat mited to Article 18 of Chapter 115C ofthe General Statutes of North Carolia, The invallty of any provislon ofthis Contract shall not affect the vallty of any other provision of this Contraet. This Contract shall become effective upon formal approval by the Board of Education and execution by the partis.18, OTHERTERNS A. Thic Contract may be oxacuted fn savers! counterparts, each of which chal he ‘deemed to be an original and which together shall constitute one and the same document. 8. _Sectios headings ace inserted for convenience only and do not limit or restrict the content of any section. Incase ofsicactconflet between any rules, regulations or polices of the Board of Education and any specific provisions ofthis Contract, the Contract shall control nlessotherwise required by aw. D. This Contract contains the entire agreement and understanding between the parties regurding the employment of the Superintendent by the Board of Education, Any modification to this Contract shall be included in » written document duly executed by both parties. This Contract Is subject to any amendment, repeal, or enactment of applicable provisions ofthe General statutes of Noth Carolina Itt WITNESS WHEREOF, the Ashe County Bard of Education, having approved the terms. and conations ofthis Contract, has directed its execution by its duly authorized Chairperson, land Dr. Emest Todd Holden, having approved the terms and conditlons ofthis Cortract, has hereunto set hishand and sal as ofthe date stated above. [ASHE COUNT BOAR OF ERLICATION (seauy