STATE OF NORTH CAROLINA ‘SUPERINTENDENT'S CONTRACT (COUNTY OF BUNCOMBE, ‘THIS AGREEMENT is made and entered into as of 22nd day of April, 2014, by and between THE ASHEVILLE CITY BOARD OF EDUCATION, (hereinafter called the "Board”) and DR. PAMELA BALDWIN, (hereinafter called the “Superintendent WHEREAS, the Board desires to provide the Superintendent with a written employment contract in order to enhance administrative stability and continuity within the schools which the Board believes generally improves the quality ofits overall educational program; and WHEREAS, the Board and the Superintendent believe that a writen employment contract is necessary to specifically describe their relationship and to serve as the basis of effective ‘communication between them as they fulfill heir governance and administrative functions in the operation ofthe educetion program of the schools; and NOW, THEREFORE, the Board and the Superintendent, for and in consideration ofthe covenants and egreements contained in this Contract and other good and valuable consideration, contract and agree as follows: 1, EMPLOYMENT, TERM, RESIDENCE AND OATH OF OFFICE ‘The Board hereby employs Dr. Pamela Baldwin as Superintendent of Schools fora {four-year term beginning on July 1,2014, and subject tothe provisions for termination as hereinafter provided, and ending June 30, 2018, under the terms and conditions set forth herein. ‘The Superintendent shall reside in Buncombe County, North Carolina. The Superintendent shall take the oath of office required by N.C. Gen, Stat. § 115C-272 before assuming the duties of Superintendent csomasis an‘The Board may, by specific action and with the consent of the Superintendent, extend the term of this Agreement tothe extent permitted by state law. The Board shall consider any such extension atthe time of ts annual evaluation ofthe Superintendent 2. PROFESSIONAL CERTIFICATION AND RESPONSIBILITIES OF SUPERINTENDENT. ‘A. LICENSE, The Superintendent shall qualify for and obtain prior tothe beginning ofthe term of her employment and shall m. ain throughout the term of her employment a valid and appropriate certificate to act as Superintendent as prescribed by the laws of| the State of North Carolina and the regulations of the North Carolina State Board of Education (ereinafer called the "State Board”). DUTIES. The Superintendent shall have charge of the administaion of the Asheville City School Administrative Unit under the direction ofthe Board. She shall be the chief executive officer ofthe Board; shall serve as secretary to the Board; shall direct and assign teachers and other employees of the schools under her supervision; shall organize, reorganize, and arrange the administrative and supervisory staff, including instruction and business affairs, as best serves he Asheville City School System; shall select all personnel subjeet tothe approval ofthe ‘Board; shall accept resignations for and on behalf ofthe Board; shall suggest regulations, rules and procedures deemed necessary forthe well ordering of the school district; and in general perform all duties incident tothe office of Superintendent as provided by law, including, but not limited to, those duties more particularly described by N.C. Gen, Sta. § 115C-276. 3. COMPENSATION A. AGGREGATE ANNUAL SALARY. ‘The “aggregate annual salary" paid the Superintendent fom state and local funds shall include One Hundred Thisty-Five Thousand Dollars ($135,000.00) per year forthe term ofthis tesoonzseonr 2reement (“base salary"). The Board may increase the Superintendent's base selary by mutual consent or at anytime by ation ofthe Boar, In the event of any dollar increase by the State in the top ofthe salary range for 8 Superinendent If (or the aproptate clasificaion forthe Asheville City Schools Superintendent gosition in effec tthe ise of any State increase) the Superintendents salary wll he automaticly incensed by said dollar amount. In addition tothe ‘ase salary, the aggregate annual salary ofthe Superintendent shall nude the fllowing: any annual salary supplement approved or extblished bythe Board which is applicable during the tem of the Superintendent's job postion; and any longevity pay established by the State Board or a state law which is applicable during the term ofthe Superintendent jo position “The aggregate annual salary paidthe Superintendent frm state and local funds ess such amounts that are required to be withheld by state, federal, local laws, ules, and regulations, shall be paid in equal monthly insallmests in accordance with the rules ofthe Board governing payment of other professional employes of the schoo! administrative unit B, _ PERFORMANCE-BASED COMPENSATION. ‘Atthe end ofthe secon full ear ofthis Agreement, and annually thereafter, the Superintendent shall be eligible for perfamance-based compensation in an amount not to exceed ten percent (10% of her aggregate annual salary during each emsining year ofthis Agreement “The Superintendent shall earn such perfermance-based compensation by reaching or exceeding specific goals established by the Board. The gols will be determined no later than September 1 ‘of each fiscal year. Ihe Board andthe Superintendent shall consult prior to the Board establishing the goals, which shall be resonable, attainable, measursble, and challenging. ‘The Board shall determine how, when and in what amounts such compensation shall be awarded atthe ‘ime annual goals ae established. Aferthe close ofeach fiscal year, when the results ofthe gosls esomaseat aare available, the Board shall review the outcome of each goal and approve the amount of compensation tobe awarded in its sole discretion. Nothing herein prechudes the Board from considering and/or granting the Superintendent a performance-based bonus after completion ofthe first year of this Agreement, 4. TEMPORARY HOUSING ALLOWANCE ‘To assis the Superintendent in making the transition to her new postion, the Board shall reimburse the Superintendent the actual rent and utility cost for upto six (6) months of temporary housing or until such ime asthe Superintendent finds a permanent residence, whichever is shorter. Im addition, the Superintendent shal be entitled to reimbursement for any temporary home communication needs as described in Paragraph 7(G) below. Said reimbursement is subject to approval by the Board Chair and/or Vice Cheir and shal be reimburse following the submission of paid receipts. Approval shall not be unreasonably witheld 5. MOVING EXPENSES ‘The Superintendent hall obtain three (3) bids for moving and relocation expenses from a regional or nationally-recognized moving company. The Board of Education shall reimburse the Superintendent the amount of the lowest bid for sa expenses. Seid reimbursement is subject to approval by the Board Chair andfor Vice Chait. Approval shall not be unreasonably withheld 6. TRANSITION PER-DIEM “The Superintendent is encouraged to work with Dr, Bobbie Short, the outgoing Interim Superintendent of Schools, prior to the effective date ofthis Agreement inorder to ensure an orderly and effective transition inthe administration ofthe Asheville City Schools. The Superintendent willbe reimbursed a per diem rate of Six Huncred Eighty-Five Dolars ($685) per day for services rendered tothe Asheville City Schools Administrative Unit prior to her official eeousesam 4start date of July 1,2014. ‘The Superintendent will also be reimbursed actual cost of lodging and the IRS reimbursement rate for mileage for transition services. Said reimbursement is subject (0 approval by the Board Chair and/or Vice Chair. Approval shall not be unreasonably withheld, 7. VACATION AND OTHER BENEFITS ‘A. The Superintendent shall receive annusl vacation and sick leave as provided by state law and North Carolina State Bosrd of Education regulations, Annual leave and sick. leave shall be taken in accordance with Board policy and State Board of Education regulations. Vacation and sick leave may be catied forward as provided by law and Board policy, and payment for any accrued and unused vacation leave at the termination ofthis Agreement shall be made in ‘accordance with Board policy and State Board of Education regulations B, The Superintendent shall be eligible to receive atleast the same life and health insurance coverage options, terminal pay and other personal benefits afforded to other employees ofthe school administrative unit as provided by law. C. The Board, atthe request ofthe Superintendent and in accordance with state law, shall withhold and transfer an amount of salary annually or semi-annually or monthly, said amount to be determined by the Superintendent, from the Superintendent's annual salary into any tax-deferred annuity or tax-deferred retirement plan chosen by the Superintendent that is ‘ax-qualified under Sections 401(K),403(b) and/or 457(b) of the Federal Internal Revenue Code. ‘The Board shall match the Superintendent's contibution to any such plan, with the Board's ‘matching contribution being subject to an annual limit of tres percent (3%) of the Superintendent's aggregate annual salary, or any lesser limitation imposed by law. In adition to the matching contibution, the Board shall consider, a its sole option and discretion, making an additional contibution into such tax-deferred annuity or retirement plan during the term of this‘Agreement, The Board shall consider any such addtional contributions annually atthe time of the Superintendent's evaluation based upon the Superintendent's performance. D. The Board shal pay the Superintendents membership charges for ‘membership in up to five (5) professional organizations and up to three (3) cive or community ‘organizations of her choosing and, upon approval ofthe Board, for such other orofessional group ‘memberships asthe Superintendent feels are necessary to maintain and improve her professional skills, The Superintendent shall report tothe Board the memberships that have been paid pursuant to this paragraph as part ofthe annual evaluation conference of the Superintendent. E, —_Asasupplement to the Superintendent's medical, dental, and vision insurance, the Board will pay such additional amount as may be necessary to cover 100% of all, ‘medical, dental, and vision insurance premiums under the policy for employees, forthe Superintendent, her significant other, and dependents, so long as they may be eligible for coverage under the usual medical, dental, and vision insurance policies available to dependents of Board employees, or provide similar coverage by other mutually satisfactory arrangements. Inaddition, forthe term of this Agreement, the Board agrees to pay the premiums for up ‘oa twenty (20) year, $100,000.00 term life instrance policy to be owned by the Superintendent in amaximum annual mount of $300.00. If the Superintendent currently owns a term life insurance policy of no more than twenty (20) years, the Board agrees to reimburse the Superintendent for sud policy nan amount nat to exceed Three Hundred Dollars ($300.00) annually. F, The Superintendent may utilize any "cafeteria benefits pan" approved by the Board, as permitted urder 26 U.S.C. § 125, or any successor plan or statute, othe fullest extent allowed by law or the plan, to receive any ofthe benefits provided in this Agreement. esomomsesnr 6G. The Board shall 1) reimburse the Superintendent forthe cost of a Smartphone through the Board's contracted cellular carrier in a monthly amount not to exceed SIXTY DOLLARS ($60.00) plus applicable fees and taxes and 2) provide the Superintendent with office and home internet access, laptop compute, and other electronic devices appropriate for her ‘work as approved by the Chair andlor Vice Chair. Approval shall not be unreasonably withheld ‘All maintenance and other monthly or recurring charges forthe electron equipment provided pursuant to this paragraph shall be atthe expense of the Board, and all such equipment shall remain the property of the Board H. Asan inducement to forego retirement or other options which may become available to her, the Board will enable the Superintendent o select From among those benefits provided inthis Section 7 other than those mandated by State law or regulation and to ransfr the ost of those benefits, o be received by her instead as additional salary compensation in iu of those benefits. Should the Superintendent make aay such selection, the amount of additonal salary compensation shall not beaded to the annual aggregate salary srount in Section 3A for purposes of calculations made pursuant to this Agreement 1. The Board shall provide the Superintendent with tn (10) adtiona personal leave days during each year ofthis Agreement. The additional personal lave days provided herein do not accumulate or cary forward from year-to-year. In addition, the additonal personal leave days provided herein ae nt paid-out athe ime of separation, J. The Board shall reimburse the Superintendent for reasonable expenses incured bythe Superintendent on behalf ofthe Board. The Board recognizes thatthe Superintendent shall incur such expenses from time to time asthe Board's representative in the pursuit of educational excellence, public and private funding opportunites, grants, and for other (csooazsaonm 7reasons. The Superintendent shall submit itemized expense slatements othe Chalr andlor Vice-Chair ofthe Board for approval of reimbursement of tise expenses. Approval shall not be unreasonably withheld 8, PROFESSIONAL GROWTH OF SUPERINTENDENT “The Board expects the Superintendent continue her professional development and expects er to participate in relevant learning experiences. The Superintendent may attend spproprate profesional meetings, conferences, and seminars al the loca, state, and national, levels. The reasonable expenses of said attendance will be paid from the current operating funds ofthe Asheville City School System. Expenses fr such tems as lodging, registration and transportation may be prepaid directly to the service prover or thee iling agent. Ifthe ‘Superintendents expenses exceed the State approved per diem rats for meals, reimbursement shall be subject to approval by the Chair and/or Vice Chair ollowing the submission of actual receipis. Approval shall not be unreasonably withheld 9. ‘TRANSPORTATION “The Board shall provide the Superintendent witha trnsportation allowance for transportation required within Buncombe County in the performance of her offical duties in the amount of TWO HUNDRED and NO/100 Dollars ($200.00) per month. In addition, the Board shall reimburse the Superintendent for outof-county travel n er personal vehicle a the same rates as provide forall employees. In lew of reimbursement for outof-county travel, the ‘Superintendent may use @ Board-owned vehicle for such ou-of-county travel. 10. PROFESSIONAL LIABILITY ‘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 sesoomsaare 8Superintendent in her individual capacity, or in her offical capacity as agent and employee ofthe Board, provided the incident giving ise to any such demand, claim, suit tion o legal proceeding arose while the Superintendent was acting within the scope of her employment and provided further, that such liability coverage is within the authority of the Board to provide under state law. ‘The Board shall provide indemnity from liability asset forth above forall clair made and ‘occurrences throughout the term ofthis Agreement and any extensions thereof, In no case will individual Board members be considered personally lable for indemnifying the Superintendent against such demands, clims, suits, ations and legal proceedings. The Board shall not, however, 6 requited to provide for or pay the costs of any legal proceedings in he event the Board and the Superintendent are adverse partes, 11, MEDICAL EXAMINATION AND DISABILITY A. MEDICAL EXAMINATION. The Superintendent hereby agrees to present to the Chait and/or Vice Chair a medical examination on or before three months from the date ofthis Agreement and at other times thatthe Board may request, and to provide the Chair and/or Vice Chair after each such medical examination with a statement from alicensed physician certifying to the physical competency of the Superintendent to perform the essential duties and responsibilities of Superistendent. Such required medical examinations shall be a the expense of the Board and all information shall be treated as confidential personnel information by the Board, In the event of serious illoss or disability, the Superintendent, upon request by the Board, shall, fumish additional written medical records o the Board and these shall be treated as confidential personnel information, ‘The Genetic Information Nondiserimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title I ftom requesting or requiring genetic information of an fesoronse.mn 9individual or family member ofthe individual, excep as specifically allowed by this law. To comply with his law, the Board equests tha! the Superintendent nt provide any genetic information when responding to ny request for medical information. “Genetic information,” as defined by GINA, includes an incividuat's family medical history, the results ofan individual’ or family member’ genetic tess, the fact that an individu ofan individuals family member sought or received genetic servies, and genetic information ofa fetus cried by an individual or an individuas family member or anembryo lawfully eld by an individual or family member receiving assistive reproductive services. B. DISABILITY. Should the Superintendent be unable to perform the essential funetions of her postiony reason of lines, acident, physical or mental incapacity, or other cause beyond her conto, ard should sid disability exist for a period of moe than sity (60) days beyond that period of time which the Superintendent would have been entitled to take as sick leave or vacation or bth, rif sue disability is permanent, indefinite, ireprabe, oof such nature that, as determined by the Boar, will make the performance of he duties imposible, he Board ‘may terminate this Agreement atts option, whereupon the respective dies rights, and obligations hereof shall terminate, Notwithstanding the termination ofthis Agreement, nothing herein shall ffet or preclude the Superintendent's acces to or qualification for state disability benefits which she may be ened and the Board wl operate fully with the Superiatendetin her application for such benefits. 12. EVALUATION “The Board and the Superirtendent hall discuss, a least annually, Superintendent-Boerd relationships and the Board will provide the Superintendent with en annual evaluation of her performance following the receipt of relevant information from the Superintendent, lceconse ah 1013. CONSULTING AND OUTSIDE EMPLOYMENT full ‘The duties and responsibilities ofthe Superintendent req 1 employment and frequently require that the Superintendent attend to her duties during the evenings, weekends and holidays. “The Superintendent shall not accept any outside employment that in any manner interferes with the performance of her duties and responsibilities as Superintendent ofthe Asheville City School Administrative Unit. ‘The Board does recognize that certain outside employment may have s beneficial impact onthe Superintendent's professional growth or may not interfere withthe Superintendent's performance of her duties and responsibilities. The Superintendent may accept a limited amount of consulting work, speaking engagements, writing, lecturing, or other professional activities or outside employment on weeknights, weekends, holidays, and annual leave days, provided that the Board has approved the outside employment nd found thatthe outside employment in no manner interferes with the Superintendent's performance of her duties and responsibilities, The Superintendent may teach or serve as an adjunct professor or in some other capacity at the college or university level on a parime basis, subject to prior approval of the Board as to the time commitment, In addition, the Superintendent ‘may accept appointments to foundations, Boards or commissions. The Superintendent shall submit a written report to the Board no later than June 1 and Cecember | of each year listing all, outside employment she has performed during the preceding six months. 14, CONFLICT OF INTEREST PROHIBITED ‘The Superintendent acknowledges that she has read and understands the confit of interest statute of the State of North Carolina (N.C. Gen. Stat. § 14-234) and agrees to comply with the statute and any other state, Federal or local laws, rules, and regulations, Board policies and State Board policies relating to conflicts of interest, bribes, kickbacks, gifts and favors esomsesatn a15, TERMINATION FOR CAUSE ‘Throughout the tem ofthis Agreement, the Superintendent shall be subject to di hare {or cause as provided by law, including the reasons se forth in N.C.G'S. §115C-274, as amended; provided, however, that tke Board shall not arbitrarily or capriciously seek dismissal of Superintendent. Ifthe Board seeks to dismiss the Superintendent, the Superiniendent shall have the right to written charges i hearing before the Board, ten (10) days written notice of said ‘charges and hearing unless the Board shall find an emergency to exist requiring a shorter time of notice, which time shall be fixed by the Board, and a written final decision. At any such hearing ‘before the Board, the Superintendent shall have the right to be present and tobe heard, to be ‘represented by counsel and to present through witnesses any testimony relevan tothe issue, A transcript ofthe record ofthe proceedings before the Board shall be made available without charge to the Superintendent ifrequested. Ifthe Superintendent chooses to be accompanied by legal counsel at the hearing before the Board, she will assume the cost of her legal expenses. If, by a preponderance ofthe evidence, the Board determines that grounds for dismissal do exist and are substantiated, the Board may, by written resolution, order such dismissal and declare the office of the Superintendent vacant 16, UNILATERAL TERMINATION ‘A. BySuperintendent. The Superintendent may, a ny ime, resign from her position, provided tat she provides the Board with a minimum of ninety (90) éays notice of such resignation B. By Board. This Agreement shall automatically terminate upon the death ‘ofthe Superintendent or upon the disability ofthe Superintendent pursuant to Section 11(B).. (ecnusan 217, NOTENURE ‘The Board and the Superintendent agree tha this Agreement is for employment for a Jimited term, that this Contract is nota continuing contract, and that there is no expectation or express or implied agreement by the Board for employment ofthe Superintendent beyond the term set forth in this Agreement, Should this Agreement expire without the Board affirmatively taking ‘action to extend it, the Superintendent shall no longer be employed by the Board, ‘The Board and the Superintendent further agree thatthe Superintendent isnot eligible to ‘obtain career status (enure) and that this Agreement of employment does not require the ‘Superintendent to perform the responsibilities of a "teacher" as defined by N.C.GS. § 115C-325. 18, MERGER OR CONSOLIDATION Inthe event of merger or consolidation of the Asheville City School Administrative Unit ‘with any other school system, by whatever means, prior tothe expiration ofthis Agreement, the Board wil be unable to fulfill its promises and obligations herein. Therefore, if the Superintendent {snot selected and employed by mutuel agreement as the Superintendent of the merged school system and, notwithstanding Section 15 ofthis Agreement, the Superintendent, upon her written demand, shall be compensated in full fr the salary and all other benefits and compensation to ‘Which she would have been entitled under the remaining term ofthis Agreement, in one ump sum payment, subject to N.C.GS. § 11SC-271(@) and to the extent permitted by law. Ifthe ‘Superintendent i selected as Superintendent of the merged school system, then the Boat, o its successor, and the Superintendent shall renegotiate the terms and conditions ofthis Agreement, (ecoonzcat B19. AMENDMENT. ‘This Agreement may be amended during its terms by mutual written consent ofthe Board ‘nd the Superintendent. Any such amendment shall be in writing, approved by offical action of the Board, 1nd accepted in writing by the Chairperson of the Board and the Superinterdent. 20. GOVERNING LAW ‘This Agreement shall be governed and construed in accordance withthe laws ofthe State of "North Carolina and is further subject to any amendment, repeal or enactment of applicable provisions in the North Carolina General Statutes 21, MULTIPLE ORIGINALS ‘This Agreement has been executed in four (4) originals, two (2) of which have been retained by the Board, one (1) of which has been retained by the Superintendent, and ene (1) of which has been retained by the School Board Attorney. 22, PUBLIC RECORD, PLACEMENT IN PERSONNEL FILE, AND FILING WITH THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION ‘The Boaré and the Superintendent agree tha this Agreement is a public record es defined by North Carolin lv, that this Agreement shall be placed in the official personnel file of the Superintendent maintained by the Board, and that a duplicate original ofthis Agreement shall be filed with the State Superintendent of Public Instruction of North Carolina as required by Nosth ‘Carolina law. 23, SEVERABILITY Ifa specific word, phrase, clause, sentence, paragraph, or any other pat of this Agreement is ors found tobe illegal or unenforceable under federal or state law, the remainder of the -Agreement shall remain in force. escamnssas 1“24, REPRESENTATIONS AND WARRANTIES “The Superintendent represents and warans that she has never been discharged fiom any prior employment fr cause, resigned from employment to circumvent temmination, been convicted of criminal offense which she bas not disclosed tothe Board, or declared bankruptcy. ‘The Supesintendent further warrants and represents tht she has never been aested for an alleged violation ofthe criminal laws of this state, another tate othe federal government other than a minor tafe violation. (lntentionally Left Blenk} (esemasen ar 15IN WITNESS WHEREOF, the Board has caused this Contract to be executed in its name by its Chairperson and the Superintendent has executed this Contract by her signature thereto. ‘THE ASHEVILLE CITY Bos EDUCATION By! Tracquelfn Hallum, Chairperson Date Signed: i (SEAL) aman, Vige-Chait DR. PAMELA BALDWIN, by: AeuleBela—2 seat) ‘Superintendent Date Signed: _/2a if This instrument has been preaudited in the manner required by the School Budget and Fiscal Control many 1150-480). Khon ta Finance Officer Anrep er z SetSfecs (cocoa Fa