STATE OF NORTH CAROLINA UFERINTERDENTTS CONTRACT COUNTY OF BUNCOMBE AMENDMENT 3 THIS AGREEMENT approved by the Board of Education on the 8 day of August, 2013, by and between THE BUNCOMBE COUNTY BOARD OF EDUCATION, (hereinafter called the "Board") and DR. TONY R. BALDWIN, (hereinafter called the “Superintendent"). WHEREAS, the Superintendent has been employed by the Board since July 1, 2009 pursuant to a contract dated March 12, 2009 and duly revised and amended by Contract Amendment #1 dated July 1, 2010; and signed Contract Amerdment #2 dated July 1,201 |; and WHEREAS, it isthe desire of the Board and the Superintendent to amend the Superintendents contract dated March 12, 2008. WHEREFORE, The Board and the Superintendent, for and in consideration ofthe covenanis and apreements contained in this amendment to the Superintendent's contract and other good and valuable consideration, amend and revise said Contract, as follows: 1. The term of office forthe Superintendent, Section | in the Contract is extended Fora period of two (2) years and the ending dat forthe Superintendent's term of office is amended to read June 30, 2017. Except as amended herein, the terms and condliions of the Contract of Employment ofthe Superintendent shal be governed by the provisions ofthe Contract dated March 12, 2009 and all other suasequent written amendments approved by the Board and the Superintendent asset forth in the recitations. IN WITNESS WHEREOF, the Board has eaused this amendment to be executed in its name by ts Chair and the Superintendent consents to and has executed this amendment by his signature hereto, ‘THE BUNCOMBE COUNTY BOARD OF EDUCATION By, ‘Ann Frankl Madam Chair By. rey De Toy Blowin, Supe tes-oainaaboce 1Senta SUPERINTENDENT'S CONTRACT. COUNTY OF BUNCOMBE SE THIS AGREEMENT is made and entered into as of the M™ day of July, 2011, by and between THE BUNCOMBE COUNTY BOARD OF EDUCATION, (hereinaller called the Board”) and DR. TONY R. BALDWIN, (hereinaller called the "Superintendent WIIFREAS, the Superintendent has been employe by the Boar since July 1, 2009 pursuant fo a contract dated! March 12, 2009 (hereiner the "Contract") and Amendment #1 10 the Contract dated July 1, 2010 (hereinafter “Amendment #1"); and WHEREAS, the Board voted at a called meeting on June 30, 2011 to amend the Superintendent's Contract dated March 12,2009 and Amendment #1 dated! July 1.2010. WHEREFORE, The Board and the Superintendent, for and in consideration of the covenants and ayreements contained in this amendment to the Superintendents conleaet and other good and valuable consideration, amend and revise said Contract follows 1, ‘Theamended Subsection (g) oF Section 4 as set Forth in Amendiment it amended bby adding the following: A the Superintendent's request, the Board shall suspend its annual coneibution of Seven Thousand and na/100 Dollars (S7.000) to a supplemental retirement plan ‘uring the fiscal years 2011 2012 and 2012-2013. The Bosd's annual ‘contribution shall resume forthe fisel year 2013-2014 ‘This amendment shall have no effect on any former payments or transfers made by the Boaed under this subscetion prior to this amend 2, Thetermof the original Contre is extended by to years and sll naturally expire on June 30,2015, 3. Except as amended herein, the tems and conditions of the Contract of Fmpleyment ofthe Superiniendent shal he governed BY the provisions oF the ‘Contract date! March 12, 2009 anc! Amenximent #1 dated, July 1, 2010, ‘he Parties willingly acknowledge that seetion one (1) a set forth above reduces the Superintendents compensation fons the preceding isc yea IN WITNESS WHEREOE, the Board has easel this amendment fo be executed in its ‘name hy ts Chairman and the Superintendent consents to and bis executed this amendinen by his signature hereto, THE BUNCOMBE COUNTYThis instrument has been preavite in the manner require by the Sewoo! Bulge an Fisel Control Ae (GS, 1156-41), buy 5 (Ob ete judy 6,200 PokeSTATE OF NORTH CAROLINA SUPERINTENDENT'S CONTRACT COUNTY OF BUNCOMBE THIS AGREEMENT 1s made and entered into as of 12" day of March, 2009 by and between THE BUNCOMBE COUNTY BOARD OF EDUCATION, (hereinafer called the “Board") and DR. TONY W. BALDWIN, (hereinafter called the “Superintendest”). “The Board and the Superintendent, for and in consideration ofthe covenants and ‘agreements contained inthis Contract and other good and valuable consideration, contract and agree as follows: L Employment, Term, Residence and Oath of Office ‘The Board hereby employs the Superintendent andthe Superintendent des hereby accept employment as Superintendent ofthe Schools of the Buncombe County School Administaive Unit fora term beginning July 1, 2008, and ending June 30,2013: The Superintendent shall reside in Buncombe County, North Carolin. The Superintendent shall take the oath of office required by N.C. Gen. Sta. § 115C-272 before assuming the duties of Superintendent, Profess ation ‘The Superintendent shall qualify for and obtain prior tothe beginning of the tem of his ‘employment and shall maintain throughout the term of his employment a valid and appropriate certificate to act as Superintendent as prescribed by the laws ofthe tate of North Carolina and the regulations ofthe North Carolina State Board of Education (hereinafter called the “State Board”), as eeso43. Dies ‘The Superintendent shall perform such educational duties as may be prescribed by the Board from time to time, including, but not limited t, the duties of Superintendent of Schools in the Buncombe County School Administrative Unit aad ex-officio secretary ofthe Board as prescribed now and from time to time during the term of this Contract by state and federal laws, rules and regulations. Without limiting the generality of the foregoing, the Superintendent shall be the chief exccutve officer ofthe Board and shall responsible forall student afar, instructional and curielum afar, employment affirs, fiscal affairs, and business affairs, subject to those powers which are reserved tothe Boxed by law, board policy, or board decision. “The Superintendent shall direct and assign teachers and other employees ofthe schools under his supervision; shall organize, re-organze, and arrange the administrative and supervisory staf, including instruction and business affairs, ashe deems in the best interest ofthe Buncombe County School System; shall select ll personnel subject to approval ofthe Board of Education; shall have the authority to accep resignations of pertonnel, for and on behalf ofthe Board of Education; and in general perform ll duis incidentto the office of Superintendent as provided bylaw including but not limited to, hose duties moe particulary described by N.C. Gen. Stat § 115C-276. The Board individually and collectively, shall promptly refer all rtcisms, complains, and suggestions called o its attention to the Superintendent for study and recommendation, Individual Board members shal refrain from interference with the administration of school policies except through Board action,‘4 Compensation “The Board shall compensate the Superintendent for services by paying the Superintendent —_Anannual base salary of One Hundred Fifty Thousand and Wo/100 Dollars ($150,000 00) tobe paid from a combination of State and local funds and any ther monies be to the Board for such purposes. The Board will detemine how mich ofthe base annual slay willbe paid ffom each source of funds; b. The Superintendent shall alzo be entitled to receive as Additonal Annual Salary the annual local supplement paid tall enifed professional employees ofthe Board funded by the Buncombe County Board of Commissioners. Inthe event the local supplements discontinued, reduced, or not pid in any year, then the Superintendent shall eceive payment of an amount equal to what the local annual salary would have been had he! employed by the Board as Superintendent in fiscal year 2008-2009. The Superintendent shall also be entitled to receive as Additional Annual Salary the longevity supplement paid by the State of North Carolina, The Superintendent shall be paid his total annual salary less such amounts that are required to be withheld from such salary by stat, federal, and local laws, rule, and regulations, Jn twelve (12) equal monthly installments atthe 3c salaries of other professional employees of ‘he Board are pai 4. The sum ofthe Base Annual Salary plus the Additonal Annal Salary is hereafter refemed toa the Agaregate Annual Salary The Aggregate Annual Slay ofthe Superintendent shel increase by the same percentage of any statewide salary inreae for ll eahers or administrators, whichever i 3‘greater, which may from time to time be authorized by the North Carolina General Assembly, if any, up to a maximum of 6.5% of 75% ofthe Aggregate Annual Salary, with the effective date ‘of any such increase being the same asthe effective date of thei ease forteachers or administrators. f Tothe extent permitted by law, the Superintendent shall not experience @ reduction in salary because of declining enrollment or a merger of the school system. Reimbs 1d Fringe Benefits ‘a. Transportation. The Board shall provide a vehicle to the Superintendent for the purposes of performing the Superintendent's duties. The Board shall coverall expenses associated with hile, Shovld the vehicle be inopertve for period of time, the Board will reimburse the Superintendent's expenses incurred forthe use of is own vehicle atthe mileage rate then applicable to al other Board employees. Upon approval by the Board, the Superintendent may se public transporation (ie airplane) for travel ous of Nor Carolina . Professional Organizations. The Superintendent shall (excep in emergencies) attend and partipt inal required and appropiate optional mestings and programs ofthe State Board of Education, the Sate Superintendent of Public Instruction, andthe State Depart of Public Instruction, The Superintendent is encouraged to become a member of appropiate loca, slate, and national professional and civic organizations. The expenses of membership in these organizations and atendance atthe meetings and programs (including registration, fes, ave, ‘meals and lodging) shall be approved by the Chair ofthe Board and will bpd by the Boar, if spproved bythe Chait. In ition, the Board of Education sgres to pay te Superintendent's membership fees in the North Carolina Associ fon of School Administratrs, the American Association of Schoo! Administrators, and any other organizations later approved by the Board, 4In addition, the Superintendent may attend loal or statewide meetings held by NCASA and [AASA at Board expense. The Superintendent shall file itemized expense statements with the School Finance Officer of the Board for reimbursement of such expenses in accord with Board policy. Requests for reimbursement of expenses in excess of those allowed by Board policy ‘must be approved in writing by the Chair of the Board © Miscellaneous. The Board shall provide the Superintendent witha cellular {elephone and laptop computer to be used inthe performance of his duties as Superintendent ‘The Board will reimburse the Superintendent for other reasonable expenses incured inthe discharge of his duties. 6 tion, Holidays, Sick Leave and Health Benefits a. The Superintendent shall accrue and use annual leave days and sik leave days in accordance with sate law and State Board policy. b. The Superintendent shall receive the same life, dental and health insurance coverage, and retirement benefits, grated to other professional employees ofthe Board by the Board, the State Board of Education, and the State of North Carolina, © The Board may, a the request ofthe Superintendent, withhold and transfer an amount of the Superintendent's Base Annual Salary into any tax deferred retirement plan or tax deferred annuity plan available to other professional employees ofthe Board. 1 Medical Exami and Information itv 2. Medical Examination. Prior to taking office and every two years thereafter, the Superintendent agrees to undergo a medical examination by a licensed physician, and to provide the Board with a statement from the physician certifying tothe physical competency of the 3Superintendent ofall his duties and esponsiiites. This information sal be wrested as confidential by the Board. The Board shall pay the reasonable expense of such medical examinations. Inthe even of serious illnes or disability, the Superintendent upon request by the Board, shall furnish atonal written medical record othe Board an these shall be treated as confidential personnel information. . Disability, should the Superintendent be unable to perform any or all of is duties by eason of illness, sesidet, physical or mental incapcity, or other eause beyond his contro and sould said disability exis fora period of more than sixty (60) dys, excluding that period of time which the Superintendent would have been entitled to take compensatory leave as provided herein, ck leave or vacation leave, or both, of ai dsailityi permanent, imeparable or of such neture as, in the discretion ofthe Board, will matrll impair the performance of his duties, the Board may, tits option, and subject to applicable provisions of state and federal law regseding handicapping conditions and disabilities, terminate his ‘agreement whereupon the respective duties, rights, and obligations hereo shall terminate. Annual Evaluation The Boat shal provide the Superintendent periodic opportunities to discuss Supecintendent and Boa relationships and shall inform him, a lest annually, of his performance perceived ty the Board. This provision shall be rea in acowdance with existing Board of Education policy “The Board will eet in closed session with he Superintendent in Jane ofeach contract year forthe purposes of evaluating the Superintendent's job performance end providing the Superintendent with an opportunity to comment on and diseuss Superintendent and BoardSuperintendent within five (3) days after its completion. Following the Superintendent's evaluation, the Board may by specific action and withthe consent ofthe Superintendent extend the tei ton date ofthis contract to the extent permitted by state law. Annually, directly after the Board has completed the Superintendent's evaluation, the Board shall review his salary in light of the changes in the cost of living and inflation and may determine whether or not 10 increase the salary for the following year. The annual salary of the Superintendent may be adjusted or increased by amendment for any subsequent fiseal year during the term of this Contract. In no event, however, shall the salary adjustment reduce the annul salary below that of the preceding fiscal year unless agreed to by the partes in writing. Any adjustments to the annual salary for subsequent years during the term of this Contact shall bein writing and shall be inthe form of an amendment or addendum to this Contract Consulting and Outside Employment The duties and responsibilities ofthe Superintendent require fullsime employment and frequently eequire thatthe Superintendent stent his dates during the evenings, weekends and holidays. The Superintendent shall not acept any outside employment that in any manner interferes with the performance ofhis duties and responsibilities as Superintendent ofthe Buncombe County School Administrative Unit. The Board recognizes that certain outside employment may have a beneficial impact on the Supe endent’s professional growth or may not interfere with the Superintendent's performance of his duties and responsibilities. The ‘Superintendent may accept a limited amount of outside employment on week nights, weekends, holidays, and on vacation days, provided thatthe Board has approved the outside employment ‘and found that the ov employment in no manner interferes with the Superintendent's performance of his duties and responsibilities. The Superintendent shall make a written report to 7the Board no later than June 1, oF each year listing all outside employment he has performed uring the preceding twelve months. 10. Conflict of interest Prohibited ‘The Superintendent acknowledges that he has read and understands the conflict of interest statues ofthe Sate of North Carolina and agrees to comply with the statutes and any’ other state, federal or local laws, rule, and regulations, Board policies and State Board policies relating to conflicts of interest, bribes, kickbacks, gifs and favors n. cipline and Termination of Employment a. Dismissal and Discipline for Cause. The Board may discharge the Superintendent ‘during the term ofthis contract for cause as provided by law, including the reasons set forth in N.CGS. § 115C-274 (including any subsequently enacted amendments hewto) and N.C.GS. § 115C-325(€)(1). Ifa member ofthe Board has cause to believe that grounés exist forthe Superintendent's discharge, said member may present to the Board a statement setting forth such ‘grounds. Upon receipt ofa report from the Superintendent of Public Instruction (as provided for inN.CGS. § 115C-274), the Board may, at its option, appoint legal counsd to investigate the alleged grounds for dismissal and make a recommendation to the Board as to whether a hearing ‘should be held to determine whether grounds for dismissal exist ‘The Board shell not arbitrarily or eapiciously call for the Superintendents dismissal and the Superintendent shall have the right to written charges, notice of hearing anda fir heating before the Board. Ifthe Board has evidence of or has received a report from the State ‘Superintendent of evidence of charges which, iftrue, would constitute a cause for dismissal ‘hereunder, the Board shal, after twenty (20) days prior written notice to the Superintendent, holdhearing al which the Superintendent shall have the right to be present and tobe heard, t be represented by counsel and to present through witnesses any testimony and evidence relevant to the charges. A transcript ofthe record and the proceedings before the Board shall be made available without charge tothe Superintendent inthe event an appeal is taken bythe Superintendent from any action taken bythe Board. The hearing shall be conducted during a closed session of the Board. IF te Superintendent chooses tobe accompanied by legal counsel, atthe hearing before the Boar, he wil pay the cost of is legal expenses. If by the preponderance ofthe evidence, the Board determines tht grounds for dismissal do exist and are substantiated, the Board may, by writen resolution, order such dismissal and declare the office ofthe Superintendent vacant Tn the event thatthe Superintendent does not wish o be heard regarding the charges gaint him, he shall notify the Board at less ten (10) ays prior to the hearing date of his decision and such notice shall bein writing and contain the Superintendents notice of resignation under treat of dismissal During any pending investigation, the Board may suspend the Superintendent, with ay, fora reasonable period, not to exceed ninety (90) days 1 the Board determines that grounds exist for disciplining the Superintendent short of termination, dhe Board may suspend the Superintendent without pay fora reasonable period of time, not vo exceed ninety (90) days. Should the Board suspen the Superintendent without pay, the Superintendent shall have the right oa hearing as se oth in this subsection, 1}. Unilera Termination by Superintendent. The Superintendent may, a anytime, resign from his postion, provided that he provides the Board witha minimum of ninety (90) days notice of such resignation.© This Contract shall automatically terminate upon the untimely death of the Superintendent or upon the disability ofthe Superintendent pursuant to section 7(b). 2, No Tenure ‘The Board and the Superintendent agree that this Contract is for employment for a limited term of four years, that this Contract is nota continuing contact, and that there is no express or implied agreement by the Board for employment of the Superintendent beyond the term set forth in this Contract. Should this contract expire without the Board affirmatively taking ction to extend it, the Superintendent shall no longer be employed by the Board ‘The Board and the Superintendent further agree that the Superintendent isnot eligible to obtain career status (Yenure) and that this Contract of employment does not require the Superintendent to perform the responsibilities of a “teacher” as defined by N.C.GS. § 115C~ 325, 1B. ‘Amendment This Contract may be amended during its terms by mutual writen agreement of the Board and the Superintendent. Any such amendment shall bein writing, approved by official action of the Board, and executed in writing on behalf of the Board by its Chairperson and executed by the Superintendent 4. Governing Law ‘This Contract shall be governed and construed in accordance with the 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, 1015, Malte Originals ‘This Contract has been executed in five (5) originals, two (2) of which have been retained by the Board, one (1) of which has been retained by the Superintendent, and two (2) of which have been tained by the School Board Attorney. 16. Public Record, Placement in Personnel File, and Filing with the State Superintendent of Public Instruction ‘The Bosrd and the Superintendent agree that this Contact isa public record as defined bby Nomth Carolina law, that this Contract shall be placed in the official personnel file ofthe Superintendent maintained by the Board, and that a duplicate original of tis Contract shall be filed withthe State Superintendent of Public Instruction of North Carolinaas required by North Carolina law. Indemnity ‘The Board agrees that it shall defend, hold harmless, and indemnify the Superintendent from any and all demancs, elsims, suits, actions, and legal proceedings brought against the Superintendent in his individual capacity or in his official capacity as agest and employee ofthe Board, provided the incident giving rise to any such demand, cla proceeding arose while the Superintendent was acting within the scope of his employment. If ‘action is brought against the Superintendent by the Board, the Superintendent will bear the cost ‘of his own defense. All liability coverage provided must be within the autorty ofthe Board to provide under state and federal law. In no case will individual Board members be considered upersonally liable for indemnifying the Superintendent against such demands, claims, suits, actions and legal proceedings. fa specific word, phrase, clause, sentence, paragraph, or any other part of this Contract is ors found tobe illegal or unenforceable under federal or state law, the remainder of the Contract shall remain in force 19. Representations and Warranties ‘The Superintendent represents and warrants that he has never been discharged from any prior employment for eause, resigned from employment to circumvent termination, been ‘convicted ofa criminal offense (other than a minor traffic violation), or declared bankrupty. ‘The Superintendent further warrants and represents that he has never been arrested for an alleged ‘violation ofthe criminal laws of this state, nother state or the federal government, 20. Merger or Consolidation In the event of the merger or consolidation of the Buncombe County Administrative Unit ‘with any other school system, by whatever means, prior tothe expiration ofthis Agreement, the Board will be unable to fulfil its promises and obligations herein. Therefore, if the ‘Superintendent is not selected and employed by mutual agreement as the superintendent of the ‘merged school system and, notwithstanding any other section of this Agreement, the ‘Superintendent, upon his writen demand, shall be compensated in full for the salary and all other benefits and compensation to which he would have been ented under the remaining term of this Agreement, in one lump sum payment, subject to NCGS. §11SC-271(4). If the 2‘Superintendent is selected as superintendent of the merged school system, then the Board, or its successor, and the Superintendent shall renegotiate the terms and conditions of ths Agreement, 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 his signature thereto, ‘THE BUNCOMBE COUNTY BOARD OF EDUCATION on Lf kad Sato. fae Date Signed:_/12 /o*7 8: aga ZL stat) Sepettedent Date Signed:_3//2/09 Pre-Audit Certificate: ‘This instrument has been preaudited in the manner required by the Schoo! Budget and Fiscal Control Act (GS. ie D. Thuy s Vobnr ——_ olo8- Finance Offer