STATE OF NORTH CAROUNA ‘COUNTY oF BRUNSWICK [EMPLOYMENT CONTRACT FOR SUPERINTENDENT THIS CONTRACT, made and entered into this 24% day of March, 2015, by and between the Brunswick County Board of Education, hereinafter referred to as “Board,” and Leslie K, Tubb, hereinafter referred tas "Superintendent"; WHEREAS, the Board desires to provide the Superintendent with 2 written employment contract in order to enhance administrative stabilty and continuity within the school which the Board believes generally improves the quality ofits overall educational program and WHEREAS, the Board and the Superintendent believe that 3 written employment contract is necessary to describe specifically thelr relationship and to serv a the basis of effective communication between them as they Fulfil thelr governance and administrative functions in the operation of the eéucation program forthe schools; INOW, THEREFORE, the Board and the Superintendent, for the consideration herein specified, agree as follows: 1 TERM, The Board, In consideration ofthe promises herein contained of the Superintendent, hereby employs Leslie K. Tubb as Superintendent of Schools for 8 term commencing ‘April, 2015, and ending tune 30, 2018, unless sooner terminated pursuant to paragraphs 5, 10 or 18. herein ‘The Board may by specific action and withthe consent of the Superintendent extend the ‘termination date ofthe existing contract to the extent permitted by state law. 2, CERTIFICATION. The Superintendent shall qualify for and furnish throughout the term of his Employment as Superintendent a valid and appropriate certieate of approval fom the North Caroling ‘State Board of Education to act as Superintendent as prescribed by the laws ofthis State and by the regulation of the State Board of Education. 2. DUTIES, The Superintendent agrees to lscharge flthful al iwful duties imposed upon him as Superintendent ofthe Brunswick County Schools administrative unit by the State Department of Public instruction, the State Board of Education, the Board of Education ofthe Brunswick County Schools administrative unt, and/or applicable state andlor federal law and administrative regulations. In sedition, the Superintendent agrees to implement all polices adopted by the Brunswick County Board of Education and directives issued to him by the Brunswick County Board of Education, The Superintendents Contract - Brunswek County Board of Education Page 10F9Superintendent shall take such action as the Board may direct fom time to time to improve the ‘elationship between the Superintendent and the community, te Superintendent and his staff, the Superintendent and the other employees of the Brunswick County Schools administrative unit, and/or ‘the Superintendent and the Board ‘Throughout the term of employment specified in the Contract, the Superintendent shall devote bis ime, sl labor, and attention to performing the duties of Superintendent ofthe Brunswick County Schools administrative unit provided, however, thatthe Superintendent withthe prior consent of the Board may undertake consutive work, speaking engagements, wilting, lecturing, or other professional duties and obligations. 44. MEDICAL EXAMINATION. The Superintendent hereby agrees to have an annul medical ‘examination, & statement from a licensed physician of the Superintendent's choice, certiyng to the ‘physical competency of the Superintendent to fullillhis duties and responsibilities, shal be fled with the CChalrman ofthe Board and treated 2s confidential information by the Board and, if the Board deems it ‘nacessary the Superintendent agrees to authorize his physician to provide the Board with a copy of the complete results of his medical examination. the event of less, the Superintendent, upon request by the Board, shal furnish adctiona written medical records tothe Board and these shall be treated as confident information. 5. DISABILITY. Ifthe Superintendent is unable to perfor his essential functions by reason of sablity, and efforts to reasonably accommodate his dsabilty do not enable him to perform his essential functions, and ifthe dsablty exists for a period of more than shy (60) days beyond the period of time which the Superintendent would have been entiledto take a sick eave or vacation leave, (or both, the Board may, at its option, terminate this Contract whereupon the respective duties, right, and obilgetions hereof shall terminate. The Boerd will cooperate fly with the Superintendent in his application for esabilty benefits, 6. EXPENSES. The Board shall reimburse the Superintendent for reasonable job-related ‘expenses incurred by the Superintendent on behalf ofthe Board i the amount and manner prescribed by Board policy or otherwise as approved by the Board. The Boaed recognizes thatthe Superintendent shall incur such expenses from time to time as the Board's representative inthe pursuit of educational ‘excellence, private funding, grants and for other reasons. The Superintendent shall file itemized ‘expense statements withthe finance office for reimbursement or payment of these expenses. The Chairman ofthe Board shall have authority to review and approve such requests for reimbursement or Superintendent's Contract- Brunswick County Board of Education| Page ofSpayment made in advance. ‘The Chairman also shall have author to review and approve or deny requests fr reimbursement or payment made after the fac. 7. REFERRALS, The Board and its individual members shal refer tothe Superintendent éttcsms, complaints, inquires, and suggestions brought to the attention ofthe Board, or an individual member thereof. The ation taken bythe Superintendent in response to each referral shall be reported {00m as practical to the Board ‘Altpersons referred by members of the Board for employment willbe referred tothe Brunswick County School Perzonnel Office and wll be considered with other available apelcants for employment. 8. INFORMATIONAL REPORTS; OFFICAL STATEMENTS. The Superintendent shall eep the Board informed of cicumstances within the Srunswick County Schools administrative unit, such a8 complains or cancerns, physical plant problems and personnel issues, except when prohibited by lat of winen 2 full report of fats might compromise the Boar's ability to conduct 2 formal hearing into a ‘matter. The Superintendent shall not make er Issue any official statement on behalf of the Board without the Boar's prior approval ofthe statements content. The Board ecognizs, however, that the Superintendent has the authority, duty and responsibilty to make prompt public statements on Important issues or events in his role as Superintendent and that often these issues and events do not allow for formal Board approval statements 9. EVALUATION OF SUPERINTENDENT. The Board shallconduct an appraisal ofthe Superintendent’ performance annually each May. This appraisal shall be conducted by the Board in ‘closed session and shall include a written evaluation. In addition, the Superintendent at any time may iscuss with the Board his performance as Superintendent and/or any other matter involving the relationship between the Board and the Superintendent, 10, TERMINATION OF EMPLOYMENT. Throughout the term of thisContractthe Superintendent shall be subject to elscharge for good and jut causes as provided by Nerth Carolina General Statute 1150-274, provides, however, thatthe Board does not arbitrary or capiiously cal for Nis dismissal ‘and thatthe Superintendent shall have the right to written charges, fair tearing before the Board, and at least ten (10) days’ written notice of seid cherges and hearing unless the Board shall find an ‘emergency to exit equitng a shorter time of notice, which time shal be Fed by the Board, At ony sal hearing before the Boar, the Superintendent shall have the right tobe present and to be heard, to be represented by counsel and to present through witnesses testimony relevant tothe issue, Ifthe Superintendent chooses to be accompanied by legal counsel at the hearg before the Board, he wil assume the cost of his legal expenses. A transcript ofthe record ofthe proceedings before the Board ‘Superintendents Contract~ Brunswick County Board of Education Pages ofSshall be made avalable without charge to the Superintendent ifthe Bosrd elects to terminate the Superintendent. 11. COMPENSATION. |A. Contractual Salary Amount. The annual contractual salary ofthe Superintendent shal ‘be One Hundred Farty-aur Thousand and No/100 Daliars ($144,000.00), plus any increas in ealary se set forth in Paragraph 128 ("Contractual Salary Amount"). The Superintendent shall be paid from state funds in accordance with the standard state salary schedule for Superintendents adopted by the State Board of Education. The Board agrees to supplement the Superintendent's sate salary from loca funds in such amounts as are necessary so that the annual salary paid to the Superintendent will be One Hundred Forty-four Thousand and No/100 Dollars ($144,000.00), plus any increases in such salary amount asst forth in Parbereph 138, 8. The contractual salary amount set forth in Paragraph 128i the base salary as of Api, 2018. The Superintendent’ contractual salary amount shall increase each year, starting July 2, 2015, by the amount, if any, that The General Assembly and the State Board of Education increases the state salaries fr central office administrators and/or superintendents. The Board agrees to increase the local {funds going to the Superintendent's contractual salary amount each year so thatthe total contractual, salary amount pal is increased over the salar for the preceding yer by the same average percentage salary increase, if any, thatthe Board gives to the central office administrators in Brunswick County as par of ts annual step increases. C Imaddition tothe Contractual Salary Amount set forth in Paragraphs 1A & 8, the Superintendent shall be entitled to any annual local supplement provided to central office _admiistrators by the Board, . The aggregate annual slary pad to the Superintendent from state and local funds shall ‘be paid in equal monthly installments in accordance with the rules of the Board governing payment of other professional employees of the school administrative unit, and shall be paid monthly for each ‘month thatthe Superintendent is employed pursuant to this Contract, The Board recognizes thatthe Superintendent does and wil commit tothe services of Brunswick County Schools many hours of additonal time, above and beyord those necessary for the completion of bis duties, including time spent locally and outsie ofthe school district representing the Board, often at night and on weekends, As additional compensation therefor, the Board shall permit the Superintendent to take compensatory time off from his normal work Schedule upto and including ten work days per year. Any such hours of compensatory time which are not used during each year ofthis, ——. Superintendents Contract- Brunswick County Board of Education Page #0F9agreement shal be forfeited and may not be accumulated or cari over tothe folowing fiscal year, nor shall they be carried over at the termination of the Superintendent’: employment. The Superintendent shall use normal accrued leave before using the additional ten (10) days of compensatory leave The Superintendent shall eceive any insurance or benefits provide tothe ‘Superintendent by the State of North Carolina to which the Superintendent i entitled as an employee of the school system, including. heath Insurance. Dental insurance wil alo be provided to the ‘Superintendent. The Board strongly urges the Superintendent to contact the State Retirement System {or advice regarding retirement and health insurance questions as may relate to the application ofthe ‘Affordable Care Act and rulings issued by the Internal Revenue Service. Further, the Superintendent waives and absoles the Board and the Brunswick County School System from any fabilty whatsoever related to the loss of or diminution of retirement benefits or health insurance coverage as 8 consequence ofthis employment. The Superintendent understands that the sole source for payment of his retirement benefits is governed by 2 law known as the “Ant}Pension-Spiking Legislation” which Governor Mecrary signed on July 30, 2038, and which became effective January 1, 2035 (Session Law 2014-8; House Bil 1195), The Superintendent waives all rights and absolves the Board and the Brunswick County Schoo! System from payment of any retirement benefits in excess ofthat dictated by the above-cited legislation. 6. The Board shal defend, hold harmless, and indemnify the Superintendent from any and all demands, aims, suits, actions and legal proceedings brought against the Superintendent in hie individual capacity, oF in his individual capacity as agent and employee of the Board, provided the oe while the Incident giving rise to any such demand, claim, suit, action or legal proceeding Superintendent was acting within the scape of his employment; and provided further, that such ality coverage is within the authority ofthe Board to provide understate law, The Board may digcharge its bligations under tis section by the purchase of ability insurance or partcpation in a rsk pool that provides coverage for schoo! oficial acting within the course and scope oftheir employment. in no ase will inivcual Board members be considered personally lable fr indermityng the Superintendent against such demands, claims, suits, actions and legal proceedings. The Board shall not be required to provide for or pay the costs of ay legal proceedings inthe event the Board and the Superintendent are adverse parties. 12, TRANSPORTATION AND TRAVEL. The Board shall provide the Superintendent wth a school. Superintendent's Contract - Brunswick County Board of Education Page 50f8‘owned vehicle for his commute to and from work and for school-related business travel, in iew of monthly travel stipend 13, STAFF ORGANIZATION. The Superintendent shall have charge ofthe administration ofthe Schools under the erection of the Soard. He shallbe the che executive officer ofthe Board shall serve ts secretary to the Board; shall select all personnel subject to the approval of the Board; shall have authority to immediately acept resignations of personnel. for and on behalf of the Board: shall from time to time suggest regulations, rules and procedures deemed necessary forthe orderly administration ‘of the school district; and in general shall perform all duties incident tothe offce ofthe Superintendent and such other duties as may be prescribed by law or by the Board from time to time. 14, MEMBERSHIP IN PROFESSIONAL ORGANIZATIONS, The Superintendent shall maitain zations approved by the Board end may participate ina reasonable membership in professional or number of conferences, professional meetings, and seminars, and other events which the Superintendent and the Board feel are necessery to maintain and improve professional skits and represent the interests of the Brunswick County Schools administrative unit. The Board shall pay all costs incurred in the Superintendent's membership inthe professional organizations approved by the Board. The Board shall pay the expense ofthe Superintendent incurred in travel and participation in these conferences, meetings, and seminars consistent with Board policy, provided, however, thatthe Superintendent's attendance at any outotstate conferences, meetings, o seminars receives pre approval by the Board Chair ‘The Superintendent shall keep the Board informed of his attendance at meetings and ‘conferences away fom the school district and shall ensue that such attendance does not confict with his duties in supervising operation ofthe school cstict. The Beard reserves the right to limit the number of conferences or meetings attended fn the Boards opinion, such attendance interferes with the Superintendents ably to supervise operation ofthe school dite 45, RESIDENCY. During the term of this Contract, the Superintendent shall reside within Brunswick County. 16, APPLICABLE LAW. This Contract shall be governed by applicable law of he State of North Caralina, including but not limited to Article 38 of Chapter 125C of the General statutes of North Caroling, The invaldlty of any provision of this Contract shall not affect the validity of any other provision ofthis Contact. This Contract shall become elective upon execution by the parties and upon formal approval by the Board. 17, CONFLICT OF INTEREST PROHIBITED. The Superintendent acknowledges that he has read Superintendent's Contract- Brunswick County Board of Education Page 6of9and understands the conflict of interest statutes ofthe State of North Carona and agrees to comply With these statutes and any other State laws or Board policies relating to cons of interes. 18, UNILATERAL TERMINATION BY THE BOARD. The Board may at ts option, unilaterally terminate this Contract. Inthe event of such termination, the Roar shall pay to the Superintendent as lump sum severance pay of the agaregate salary, as specified in sections 118 and 118 above, that he ‘would have earned under this Contract forthe upcoming twelve (12) months ofthe contract or until the termination date set forth in paragraph 4, above, whichever is less. Inthe event the Board ofers to terminate the Contract by paying the amount specified herein, the right to @ hearing before the Board and the right to appeal the Board's action shal be considered waved by the Superintendent 49, RESIGNATION. The Superintendent shall provide the Board at leat ninety (90) days written notice prior to resigning from his position 20, ENTIRE AGREEMENT. The partis hereto agree that this instrument contains the entice agreement between them as of this date, and that it has not been induced by elther party by any representations, promises or undertakings not expressed herein, and that there are no collateral ‘agreements, stipulations promises or understandings whatsoever by the respective parties in any way affecting the subject matter of this contract which are not expressly cantained inthis instrument, 21, AMENDMENT. The Contract may be amended during this term by mutual written consent of the Board and the Superintendent. Any such amendment shall be in writing, approved by official action ofthe Board, and accepted in writing by the Chairman ofthe Board andthe Superintendent. 22, SAVINGS CLAUSE. I, during the term of this Contract, itis found that a specific clause ofthe Contracts ilegal under federal or state lw, the remainder of the Contract nat affected by such 8 euing shall main force. 23, FUNG, A copy ofthis contact shall be filed with the Superintendent of Publcneructon in North carolina 24, CAPTIONS. Captions are inserted for purpose ef convenience only and are not intended to lit or otherwise restrict the content of any section ofthis Contract 25, APPROVAL BY THE STATE SUPERINTENDENT. The appointment of ese K.Tubb as Superintendent is subject to the approval of his credentials by the State Superintendent of Public Instruction, pursuant to NC. Gen Stat. 115-271. Ifthe appointment of Leslie K. Tubb is not approved, ‘this Contracts ull and void 26. PUBLIC RECORD, PLACEMENT IN PERSONNEL FILE, AND FILING, The Board and the Superintendent's Contract - Brunswick County Board of Education Page 7 of8Superintendent agree that this Contract sa public record as defied by North Carolina law, that this Contract shall be placed in theofficial personnel file ofthe Superintendent maintained by the Board, and that a duplicate oxgial ofthis Contact shall be filed with the State Superintendent of Publ Instruction of North Carfina as required by North Carolina aw. IN TESTIMONY THEREOF, the Brunswick County Board of Education has approves this Contact and caused this instrument tobe executed ints name by its Chale, and duly atested to, all by order and ‘resolution ofthe Board, and Leslie K Tubb has accepted ths Contract and has hereunto set his hand and sea, this the day and year ist above written, [BRUNSWICK COUNTY BOARD OF EDUCATION EAL) Eatherine 0. Cooke, chairman [BLANK SPACE LEFT INTENTIONALLY] ‘Superintendent's Contract - Brunswick County Board of Education Page 80f9STATE OF NORTH CAROLINA COUNTY oF aRUNSWick FDonna Si, Exbanks notary pub or sis county and state, do hereby certify that Catherine D. Cooke personally appeared before me, with whom | am personally acquainted, who, being by me duly sworn, says that she is Chair of the Brunswick County Board of Education, the corporation decribed in and which executed the foregoing ond annexed instrurent: thet ‘she knows the common sea of sai corporation; that the sel afied to the foregoing Instrument i ais ‘common seal, thatthe name of the corporation was subscribed thereto by aid Chair and that said Chale subscribed her name thereto and said common seal was affixed, all by order of the members oF the Brunswick County Boar of Eauation, and sed instrument isthe act and deed of said corporation ne ‘Witness my hand and official seal, this the QM” day of March, 205. ly Mercia sean “%o% pul S oth 2 ‘Notary Public 8 Ii Commission fxpres T= (3 = (1 “fy Thsinex & start oF WM ESRBUN | Doenne Jit Gaskse ules?” s notary Publi ore county and tate do hereby certify that Leslie K. Tubb personally appeared before me this day and acknowledged the due execution ofthe foregoing instrument. Witness my hand and ofl sel this that ayo re, 2035 Rs te Qbree Quite 2 Rhy 2 Wrens Qui ate? ‘My Commission Expires: —[— (3-1 7 ‘Superintendent's Contract - Brunswick County Board of BducationPursuant to N.C. Gen, Stat. Sec. 115C-44(a), this instrument has been preaudited in the manner required bythe School Budget ond Fiscal Control Ac. ~ Asis one Freya Cah, CH Finance Ofcer ‘Superintendent's contrat Brunswick County Board of Education Page 10 0f9