(CADARRUS COUNTY BOARD OF EDUCATION: SUPERINTENDENT ‘THIS SUPERINTENDENT'S CONTRACT (the “Contra is hereby entered into by and between the CABARRUS COUNTY BOARD OF EDUCATION (the “Board") and CCistopher M. Lover (“Employee effective December 7, 2015 \WITNESSETH: WHEREAS, the Board has determined thet Employee possesses. the credentials, ‘eduational prerequisites, and experience requirements as povided for superintendents pursuant to Chapter 115C ofthe North Carolina General Statutes and asthe State Board of Education has presribed end tha it destes o appoint Employee to the position of Superinendent and WHEREAS, Employee desires to accept the Board's appointment to the postion of ‘Superintendent; NOW, THEREFORE, in consideration of the promises and the mutual covenans ‘contained hero, the parties hereto apr as follows 1, TERM OF APPOINTMENT: ‘The Board hereby appoints, and Employee hereby seeps appointment, to fulfil the duties and responsibilities of Superintendent of the Cabarus County School Administrative Unit (he “System”) for an acting period commencing Novernbe 9, 2015, and continu 2, DUTIES AND RESPONSIBILITIES: The Superintendent shall have charge of the adminisretion ofthe schools unde the direction of the Boar. He shall te the chi executive officer of the Boar; shall serve as seeetary tothe Board; shall Greet and assign teachers and ober employces of the schools under his supervision; hal hove complete fresdom upon aotice to the Board to organize, reorganize and arange the admiistative and supervisory stalls as best serves the Cabarrus County School System; shal selec al personnel subject othe approval of the Board; shall from time-to-time suggest regulations, rules, polices and procedures deemed necessary forthe welhordering ofthe school dist and in ‘Beneral perform all duties incident lo the office ofthe Superintendent and such ‘ther reasonable ad lawful duties a may be prescribed by applicable law policy, tule or regulation, or by the Board from timeovtime, He shall specifically ‘comply with the provisions of NCGS. §115C-276 as amended from time-to- time. ‘The Board, individually and collectively, sal promply refer al eriicisms, complains, and suggestions called t is atention or tht ofan individual member to the Superinendent for study and recommendation and shall refaio from Individual interference or investigation in personnel mater and inividul tererence with the adainisttion of schoo policies except though Board ttion. The Superintendent shall have the righ 10 afend all meetings of the Board other than closed session to address his performance and shall bave the right to make recommendations tothe Board all matters adresed by the Board. ‘This is an agreement forthe performance of professional services assuperintendent by the Superinendent, who sill not be assigned to any other postion or have his duties reasignedt others without his consent COMPENSATION: Employee during the term of tis. appointment as Superintendent shall be paid the maximum amount permite fom stale funds ‘bused on the State Salary for Superintendensand shall be sujet to such unnual or percentage salary increases approved from tne to time by the North Carolina General Assembly._In adion othe salary pai te Employee from state funds, the board shall pay Eroployee an anal local slary of Foryive Thousand Five Hundred Dolars (645,500) to be paid on a pro rate basis annually. The [Employee's salary shall be disbursed in monthly payments for services rendered uring the preceding month The Board und Employee may mutually agree to modify the salary of the Superintendent dving the term of the Contrsc. Any modification in the salary ‘made during the term of the Contact shall be ie the form of @ wien ‘modification pursuunt (0 Paragraph 12(c) herein. Any such modification ofthis Paragraph 3 shall nt be deemed to constitute a new contact nor shall it extend the term ofthis Contac. OTHER BENEFITS: Employee shall receive leave, health insurance, and other benefits generally epplicable to other twelve (12) month certificated Adminitrative employees ofthe Board and pursuant to Chapter 115C ofthe North (Carolina General Statues and State policy. 2, Health Insurance. If Employee so elects, the Board shall provide and pay for unily dependent heath coverage, including vision and dental, for his spouse ‘and children eligible under te State plan or any comparable plan selected by the Board . Life Insurance. The Board shall purchase a policy of term life insurance on the life of Employee in an amount of Five hundred thousand dollars ($500,000.00). Employee shall be the owner of the policy and shall designate benotciaryies) in accordance with the tems of he policy © Professional Associations. The Superiniendent should be a member of sppcoprate profesional organizations, including the American Assocation of ‘School Administrators, the North Carolina Association of School Administraor, and others as approved by the boerd, and shall tend the meetings of such orgtniations. Employee's membership duet for appropriate professional ‘organizations, iocluing local, state, and national organizations, and the reasonable expenses for etendace at professional meetings shall be reimbursed 1 him by the Board from the curent operating funds ofthe Board. Employee hull le Kemized expense statements with the Finance Officer of the Board to bisa eimbursement of these expenses in accord with Board poles. ‘The Board agres to pay the actual expenses.4. Inthe event of pubic controversy or for any ober reason ifthe board or the superintendent deems it necessary, the board will povide reasonable security ‘measures forthe superintendent and oF hs family. GENERAL EXPENSES: The Board shall eimburse tr Employe for reasonable ‘expenses he incurs on behalf ofthe Board Such expenses will be paid fom the ‘current operating funds of the Boar. The Employee sal file itemized expense ‘atements withthe Finance Officer ofthe Boar o obuin reimbursement ofthese expenses in accordance with Board Policy ‘TRANSPORTATION EXPENSES: Employee shall te required to provide his ‘own aulomobile for use in the perfomance of his duties. Recognizing the extensive travel requted of the position of supeinendent, the Bord shall compensate the Superintendent additional pay in the emouat of $650.00 per ‘month prorated on a 30-day basis for in-system travel and personal vehi malstenance. ‘The Employee shall be reimbursed for atomobletranspoation ‘expenses incured for travel outside Cabarrus County atthe mileage tte then applicable to all ther employees of the Board. Upon approval by the Board the Enmployee may use public transportation (.. airplane, tin) for travel outside Cabarrus County. The Employee shall file itemized expense statements with the Finance Officer of the Board to obsin reimbursement of public trensperiation expenses in accordance with Board policy. EVALUATION: The Board of Education shall use en evaluation sytem that provides e process for jointly establishing gous and abjectves by lhe second ‘board meeting in Noverber of each year and forthe Superintendent to submit = report that will be considered by the Board thal assesses progress towards those goals and objectives. Any individual writen eveluntions by board members is considered coafidetial personnel information and shall be destroyed once the Board evaluation is completed. As apart of the annval evaluation, th Board shall Consider whether fo extend the contact by an aditona year with an expectation ‘that the contract will be extended if adequate progress has been made towards ‘goals and objectives. The evalution wil form the basis for future increases in compensation, and or provision of additional benefits sich as private retirement contributions or additonal compensatory dys. PROFESSIONAL LIABILITY: The Board agrees that it shall defend and indemnify the Superiniendon fom any and all demands, claims, suis, ations, and legal proceedings brought against the Superintendent in his individul of ‘offical capécity, provided the insident giving rise to any such demand, clsin, suit, action, o legal proceeding (a) is not criminal in nate and arose while the ‘Superintendent was geting within te scope and couse of is employment and (6) provision of such ibility coverage is within the authority ofthe Board under NNorlh Carolina law. In no event will individual Board members be considered personally liable for indemniying the Superinendentegninst such demends, claims suits, actions, or legal proceedings.CONSULTING AND OUTSIDE EMPLOYMENT: The duics and responsibiles of the Superintendent require fil-ime employment and fiequently require the Superintendent to acend to his dues ouside regular busines hours. Accordingly, unless commited to a binding obligation prior to the signing of this contac, the Superatendent shall not accept any outside employment to be performed during the term of the Conract without obsining rior Board spproval._ As used herein, “outside empleyment shall be understood ‘0 include, but isnot Himited to, service om boned or commitess and all writing, consulting work, teaching, and speaking engagements undertaken in conuncion with membership in professional organizations. Employee agrees to comply with the laws and statues of North Carolina and with Boar policy regarding conics of interests Inno eveat wil the Board be required to reimburse any expenses Incurred by the Superintendent inthe performance of cusie employment MEDICAL EXAMINATION AND DISABILITY: The Superintendent hereby agres (have an annual medical examination paid forby the Board. A statement from a licensed physician of the Superiniendents choice, certifying 19 the physical competency of the Superitendeat to full his duties end respoasiiltes, shall be filed with the Chairman of the Bosrd and tested ‘confidential information bythe Board. ‘The Board agrees to pay any cote forthe examination tht ae no covered by insurance. Should the superintendent be unable to perform any o all of his dies by reason ‘of illness, seident, oF ther cause beyond his conto’ and should said disability ‘exist fora period of moe than ninety (90) days beyond that period that period of time when he would have been entitled to tke a sick leave or vacation leave, oF both; or if sid disability is permanent, ireparable, cr of such nature as, inthe dssretion ofthe Board will make performance of his dues impossible, the BBourd may, a ls option, terminate tis agreement, whereupon the respective duties, rights end obligation of each ofthe parties hereto will erninae DISMISSAL: The Superinendent shall be subest 1» dismissal for just cause during the trm ofthis contract for any of the grounds listed in G.S. § 115C-274, Before any deison regarding dismissal, the Superinteaden shall have the right 10 ‘weten charges, fair hearing before the Board, and ten (10) days writen notice ‘of said charges and hearing. At std heaing before the Bard, the Supeinendont sll have the ight tobe present and o be heard, tobe represented by counsel and {o present through witnesees any testimony relent to the iss, within reasonable ime and oter limits established by the Board. A transcript ofthe record ofthe proceedings before the Board shall be made avaiable witout charge to the Superintendeat from say action taken by the Boer. The Board sh reimburse reasonable atorny foes incured by the Superintendent ifthe Board finally determines that grounds for discharge do no: exist ifthe charges are dropped by the Board, or if thee i an appeal to a ccurt of law that deternines thal the discharge cannot be legally sustained. UNILATERAL TERMINATION BY THE BOARD: Notwithstanding the provisions of $11 above, and subject to the fllowing provision inthis seton,the Board may, at its option, unilaterally terminate the Superintendent and tis ‘contact without cause. In the event of such lerminaton, the Board shall pay to the Superintendent, as severance pay, te otal anual slay provided in Seton 3 (G3) fom the etuel date of termination to June 30, 201, or to the ene of any ‘extension ofthe conizact, whichever i later. ‘The amount due the Suprinende, in such event, shall be pai into lump sums with the second due Janey 3 of the fllowing calendar year or by other means as agreed by the parties In the vent that the Board terminates the contact by paying the amount socified herein, the right o a hearing of any nature in any court, edministraive agency or ‘any tribunal of any nature or as specified in Seton 11 (611) above or pursuant 12 NCGS. §115C-2764 or any other regulation, case or authority whatsooter, an the right t appeal fom any decision shall be conclusively presumed waived by the Superintendent nd is hereby waived by hie Before a mecing were the board votes to execute this provision, the Board shall provide the Supritendent ‘of notice ofthe possible vote atleast 48 hours in advance of such meeting. [MERGER OR CONSOLIDATION: In the event ofthe merger or consoiation of the Cabarrus County Administrative Unit with any other schol sytem, by \whulever means, prior to the expiration ofthis Agreement, the Board will be unable to full its promises and obigmions herein.” Therefore, if the Superinendent is not selected and employed by mutual agreement as the superintendent of the merged school system and, notwitistending any other section ofthis Agreement, he Superintendent, upon his writen demand, shall be compensated in full for th salary and all other benefits sod compentiion to hich e would have been ented under the raining term ofthis Agseemen, ‘and any extension thereto, in one lump sum payment, subject to N.CGAAS. § 11SC-271(4). Ifthe Superiatendent is selected as superintendent ofthe merged school system, the Board, or its successor, and the Suprintenden: shall renepotisie the terms and conditions ofthis Agreetent REPRESENTATIONS AND WARRANTIDS: Cmployce represeas and \warans that he has never been discharged ffom any prior employment foreause; ‘been convicted of a criminal offense (other than minor traffic volaion): declazed bankruptcy of otherwise become unable to pay his debts hed a civil jodgment rendered againt him; or commited eny offense for which he was lable Tor discharge for cause a5 that term is defined porsuant to N, C, Ges. Sta S11SC-274 and 115C-325(e\(1), APPROVAL BY STATE SUPERINTENDENT AND STATE BOARD OF EDUCATION: The appointment of Employee as Superintendent is subject tothe approval ofthe Stale Superintendent of Public Instruction and the State Bead of| Eduction, pusuant 10 N. C. Gen, Stat, §115C-271, If the appoinanent of [Employee as Superintendent is not approved, the Contac i ull and vid16, MISCELLANEOUS: ‘The Contact may be executed in several comterpars, cach of which shall be deemed to bean original and which together shall constitute one and the same instrument. All headings hercin ar inserted forconvenixce only. ‘© Any exception or modification to the Contrast shall be only by muiual writen consent oF he pate, es of 4. This Contract shall be governed and interpreted by the laws and sta North Carolina {© This Contract is subject to any amendmen, peal or enactment of apliable provisions ofthe North Carolina General Stas If during the term ofthe Contract, itis found tha specific clause therein is ileal oF unenforceable under foeral or Nor Carolia law, the rerainder of the Contact shall not be deemed uffected thereby and shall remain in fore. 18. This Contret contains the entre agreement and understanding ofthe parties regarding the employment of Employee, by te Board and his appointment to fill he office of Superintendent for bars County Board of Education. IN WITNESS WHEREOF, the Board has caused the Contac tobe executed on Is tehalf by its Chairperson, and Employee has approved the Contact by afising his signature, as of the date Firat above wrtton EAL) aif By Vel (SEAL) Sel hips, Vice-Chairperson