‘STATE OF NORTH CAROLINA COUNTY OF RANDOLPH ‘THIS SUPERINTENDENT'S CONTRACT, dated this the 29 ch_day of May, 2014, by and between the ASHEBORO CITY BOARD OF EDUCATION, located in Asheboro, Randolph County, North Carolina (the “Board”) and DR. TERRY W. WORRELL, of Guilford County, North Carolina (Dr. Worrell”); WITNESSETH: WHEREAS, the Board is charged with the operation and administration of the ‘Asheboro City Schools; and WHEREAS, Sestion 115C of the General Statutes of Nosth Carolina authorizes the Board to elect a “qualified” person to the office of superintendent, subject to rules adopted by the "North Carolina State Board of Education; and WHEREAS, after careful consideration and deliberation, the Board has determined that De. Worrell possesses the requisite credentials, education and experience to assume that office and the Board deems it to be in the best interest of the Asheboro City Schools to eect De, Worrell as its Superintendent; and WHEREAS, Dr. Worrell has agreed to act as the Superintenden: of the Asheboro City Schools, pursuant to the terms and conditions hereinafter provided in this Contrast NOW, THEREFORE, for and in consideration ofthe premises, the mutual promises and covenants herein contained, and other good and valuable consideration, the recsipt and sufficiency of which is hereby acknowledged, the parties agree as follows: (0) TERM OF APPOINTMENT AND RESIDENCE: The Beart hereby elects Dr. Worrell (hereinafter referred to as the “Superintendent"), pursuant 1 a contact ¢femployment and she hereby accepts appointment, to fulfil the duties and responsibilities ofthe offce of Superintendent of the Asheboro City Schools (hereinafter referred to as the “System”), for a term of four (4) years, effective as ofthe Ist day of July, 2014, and continuing through and including the 30th day of June,. "2018, unless otherwise terminated or extended as hereinafter provided. The Superintendent shall reside in the Asheboro City School District and she agrees to do s0 within six (6) months of this Contract2 (@) CERTIFICATION: tall times during the term hereof, the Superintendent shell ‘maintain statutory eligibility for her office, as well as such professional certification as may be required by the State of North Carolina and the State Board of Education. Upon request of the Board, the Superintendent shall furnish a valid cenficate authenticating her eligibility 10 serve in such capacity, (3) DUTIES AND RESPONSIBILITIES: (a) The Board and the Superintendent are ‘committed in good faith to abide by all policies ofthe Board. The Boar, individually and collectively, will refer to the Superintendest for study and recommendation all criticisms, eompleints and ‘suggestions called to its attention, but shall otherwise refrain ftom individual interference with the administration of System policies, except through procedurally appropriate Board action. The Board and the Superintendent shall study the need for policy in specific areas, and the Superintendent shall assist the Board in identifying policy altematives. The Superintendent may recommend policy from the alternatives identified, however, the Board shall maintain final authority and responsibility for enactment of policy, (®) In addition to such duties and responsibilities that may be prescribed by law or by ‘the Board, from time to time: (@)__ the Superintendent shal be the Chief Executive Officer ofthe Board; (Gi) she shall have charge of the administration of the System under the direction of the Board; (Gi) she shall diteet, transfer and assign teachers and other System employees under ber supervision; (Gv) she shall eter all meetings of the Board, unless excused; (9) she shall be the ex officio secretary tothe Board and, in such capacity, shall record all proceedings of the Board and shall issue all notices and orders that may be made by the Board; (oi) she shall organize, reorganize and arrange the administrative and supervisory staff (including instruction and business affairs), in any manner of fashion as in her judgment shall best serve the System; (oi) she shal select all System personnel, subject to the approval ofthe Board; (oii) she shall have the authority to immediately accept resignations of personnel, for and on behalfof the Board;3 (Gx) she shal, generally, perform all of the duties and responsibilities incidental to the office of Superintendent, 2s by aw provided. (@) LIMITATION UPON ADDITIONAL Assi This Superintendents Contract is an employment contract with Dr. Terry W. Worrell for the performance of professional services as Superintendent, and during the term hereof, she shall not be assigned to any other position or may her duties be reassigned to others without her consent. (8) COMPENSATION: During the term of het appointment, the Superintendent shall receive annual compensation in accordance with the State Salary Schedule for Superintendents, fixed, etermined and adopted by the North Carolina State Board of Education, as well as, annual supplements, foun local funds, a5 by law provided. ‘Ihe aggregate ofthe State Selary and the local Supplement forthe initial year of the term hereunder shall be not less than $150,000.00. The parties ‘gree to annually review the level ofthe Superintendent's compensation, atthe regular July meeting of the Boérd. Compensation shall be paid to the Superintendent in twelve (12) equal monthly payments for services rendered during the preceding month. (©) PERFORMANCE BONUS: In addition to the compensation set out above, the Board agrees to pay the Superintendent an unspecified amount, not to exceed five percent (5%) of the Superintendent’ then-current annual compensation, tobe set by the Board each year based upon het ‘achievement. The amount of such bonuses shall bein the sole disretion ofthe Beard, following its valuation of the Superintendent's atainment of the performance goals and professional objectives agreed upon by the Board and the Superintendent each year. (7) TAX:DEFERRED ANNUITY: During the Superintendent's term of appointment, the Board will evaluate the feasibility of developing and adopting a retirement plan for the ‘Superintendent, whereby both parties have the opportunity to make contributions to a tax-deferred ‘anuity for her benefit. This evaluation will focus not only upon the financial aspects of such a plan, but also upon the legal requirements promulgated by State and federal taxing author‘es. Inthe event the Board, in its sole discretion, determines that a plan ofthis nature is authorized by law and in the best interest of the System and the Superintendent, the Board shall meet with her, in executive sesston, to discuss its edoption and implementation, (8) AUTOMOBILE/TRAVEL/COMMUNICATION EXPENSES: The Superinten- dent shall be reimbursed for System-related automotive and transportation expenses incurred for wave ‘ouside Randolph County, at the mileage rate then applicable to other System employees. The4 Superintendent shall file itemized expense statements with the Director of Business & Finance, in ‘order to obtain reimbursement for such out-of-county travel expenses. The Board shall provide the Superintendent with a mobile communication device capable of receiving email and telephone ‘communication st no charge to the Superintendent. The parties acknowledge that some personal ‘communications are permitied using the device. (9) VACATION AND OTHER BENEFITS: The Superintendent shall be entitled to all benefits provided to twelve (12) month certificated administrative employees as incidental to their employment relationship with the Board, included but not limited to voluntary shared, vacation, holiday and sick leave, as well as retirement and other administrative employee benefits, ‘The Board shall provide the Superintendent with term life insurance in a face amount ‘ot to exceed $250,000.00, as well as medical, dental and hospitalization insurance (including family coverage at her option). With respect to the medical, dental and hospitalization insurance, the Superintendent, at her discretion, may select ftom among any one of the plans offered and provided by the State of North Carolina for school employees in Asheboro, North Carolina ‘The Board shall pay the Superintendent's membership expenses in professional associations and organizations for educators, (10) PROFESSIONAL DEVELOPMENT: The Board expects the Superintendent to continue her professional development and expects her to participate in learning experiences. To fulfill this expectation, the Superintendent shall attend professional meetings at the local, State and national levels, at the Board expense. The Superintendent shall file itemized statements with the Director of Business & Finance, inorder to obtain reimbursement for her expenses in attending such ‘meetings; provided, that her fiscal-year aggregate for such reimbursement shall not exceed $5,000.00, absent prior approval of the Board. (11) PROFESSIONAL LIABILITY: To the fullest extent that the Board has the Statutory authority 1o do so, the Board agrees that it shall defend, hold harmless and indemnify the Superintendent from any and all ‘against the Superintendent in her individual capacity, or in her official capacity as an agent and ‘employee of the Board; provided, that the underlying incident arose while the Superintendent was acting within the scope of her authority. (12) MEDICAL EXAMINATION: In light of the unique nature ofthe duties of the Superintendent, the Board shall, at its expense, provide fo the Superintendent and she agrees to have, a il demands, claims, suits, actions and legal proceedings brought‘complete medical examination annually. Within a reasonable time following such examination, the Superintendent agrees 10 provide the Chairperson of the Board a statement from her physician certifying her physical competency to fulfil her duties. All such statements shall be treated as, confidential by the Board (13) GOALS AND OBJECTIVES: The Board and the Superintendent shall annually ‘meet to establish the Superintendent's performance goals and professional objectives forthe ensuing school year. These goals and objectives shall be reduced to writing and shall be the criteria upon ‘which the Superintendent is evaluated, as hereinafter provided (14) EVALUATION: The Board shall evaluate and assess, in writing, the performance of the Superintendent at least once a year, during the term of her appointment, beginning withthe fiscal year 2014/2015. This evaluation shal assess the Superintendent's performance ia relation to het duties, as wel as the goals and objectives of the Board ‘The Superintendent shall submit to the Board a recommended format for this written evaluation of her performance. The Board shall meet and diseuss the evaluation format, in onder that the parties may mutually agree upon the same. Annually, the Board shall mect in executive session with the Superintendent, for the purpose of evaluating the Superintendents job performance and progress toward meeting the goals and objectives of the Board. ‘The results ofthis evaluation shall be reduced to writing, in the agreed-upon format, and shall be maintained as a confidential part of the Superintendent's personnel file. The plan for evaluation of the Superintendent's work shall be reviewed at least annually. The Superintendent is responsible for setting the evaluation date and notifying the Board that an executive session will be convened forthe purpose of her evaluation (18) DISCHARGE FOR CAUSE: Throughout the term of her appointment, the Superintendent shall be subject to discharge for cause, as provided by State law; provided, however, that the Board may not arbitrarily or capriciously call for her discharge; and provided, that the ‘Superintendent shall have (a) the right to writen grounds for her discharge, (b) a fair hearing before ‘the Board and (c) not less than ten (10) days written notice of the charges considered by the Board for her discharge and of the time and place of the hearing. At any such hearing before the Board, the Superintendent shall have the right to be present, to be heard, to be represented by counsel (at her expense), to present testimony and evidence, and to call witnesses forthe presentation of any evidence relevant to the grounds for discharge identified by the Board. A transcript of the record of the proceedings before the Board shall be made available to the Superintendent, without charg6 (16) UNILATERAL DISCHARGE BY THE BOARD: The Board, its option and With a minimum of ninety (90) days writen notice to the Superintendent, may unilaterally terminate this Contract, In the event of such termination, the Board shall pay to the Superintendent, on a ‘monthly bass, as severance pay, all ofthe aggregate compensation and benefits she would have earned ‘under this Contract, from the actual day of termintion through the ending date of the term of this Contract; provided, however, that in the event the Superintendent secures other employment during the Period jn which severance pay is payable hereunder, each monthly installment of her severance pay shall be reduced by the compensation and benefits (calculated monthly) which she receives from such ‘employment, (17) RESIGNATION: If the Superintendent desires 1o be released from the time remaining in this Contract, the Superintendent shall provide the Board with a waiten request for release, which shall state the reason forthe request, at least ninety (90) days prior ta the date upon Which the Superintendent desires to be released from her obligations tothe Board hereunder. Approval of such request shall not be unreasonably denied; provided, thatthe Superintendent agrees to faithfully perform the duties and responsibilities of he office, until such time as she isin fact released from this Contract. (18) DISABILITY: In the event thatthe Superintendent is unable to perform any ofall ‘of her duties, under the terms of this Contract, by reason of illness, accident or other catse beyond her control and (a) the disability continues for a period in excess of thiny (30) day's beyond that period of ‘ime which the Superintendent is entitled to take as voluntary shared, sik and/or vacation leave, ot (6) the disability is permanent, or (c) the disability is of such a nature as to make the perfermance of her duties impossible, the Board may, at its option, terminate this Contract, whereupon the respective ties, rights and obligations of each of the partes hereto shall terminate; provided, however, the Board will make every reasonable accommodation for the Superintendent, in order to maintain her “employment” status until such time as her eligibility for State disability benefits is assured. In the ‘event of a dispute between the parties as to whether a disability of the Superintendent is either permanent or is of such a nature that i is impossible for her to perform her duties, such determination shall be made by a majority of three disinterested physicians, one selected by the Boar one selected by the Superintendent and the third selected by the two physicians so chosen by the partic. (19) CONSOLIDATION AND MERGER: In the event that the Asheboro City Schools administrative unit is consolidated and merged with any other school unit prior to the7 expiration of this Contract, and the Superintendent is not offered an administrative postion with the ‘administrative unit created by the consolidation and merger (the “Merged Unit") which provides ‘compensation and benefits forthe Superintendent equal to or greater than that she would receive under this Contract, then and in such event, the Superintendent shall be entitled to recsive, and she shall be paid by the Merged Unit, monthly compensation in an amount equal to the difference between the ‘monthly compensation and benefits provided under this Contract and the monthly compensation and benefits she actually receives in her new position, In the event the Superintendent is not offered an ‘administrative position with the Merged Unit, the Superintendent shall be entitled to receive, and she shall be paid by the Merged Unit, all of the monthly compensation and benefits provided to het under this Contract. In the event of such consolidation and merger: (a all of the terms and conditions ofthis Contract shall be incorporated into the “plan for consolidation and merger” submited to the State Board of Education; (b) this Contract shall be binding upon the Merged Unitas fly as ifthe Merged Unit was a party hereto; and (c) all liability ofthe Board tothe Superintendent under this Contract shall bbe assumed by the Merged Unit and the Merged Unit shall be fully obligate to perform the same, 20) AMENDMENT: This Contract may be amended during its term by mutual writen consent of the Board and the Superintendent. Any such amendment shall be approved by official action of the Board and accepted in viiting by the Chairperson of the Board and the Superintendent. (21) SUCCESSORS AND ASSIGNS: This Contract shall supersede and replace all other agreements or contracts between the parties hereto and shall survive and be binding upon the Parties and their heirs, legal representatives, successors and assigns. (22) INVALID PROVISION: The invalidity or enforceability of a particular provision of this Contract shall not affect the other provisions hereof and this Contract shall be construed in all ‘espects as if such invalid or unenforceable provision was omitted, (23) APPLICABLE LAW: This Contract shall be construed and interpreted under and by the laws of the State of North Carolina IN WITNESS WHEREOF, the Board, by and with authority duly given, has caused this Contract to be executed in its name by its Chairperson and the Superintendent has executed this ‘Contract, effective the day and year first above written,ASHEBORO CITY SCHOOLS ATTEST: jnector OF Business & ——