RENEWAL OF EMPLOYMENT CONTRACT FOR SUPERINTENDENT
This EMPLOYMENT CONTRACT ("Contract") is made for purposes of reference the
3rd day of January, 2012 by and between the CARTERET COUNTY BOARD OF
EDUCATION ("Bosrd of Education”) and DANIEL A. NOVEY ("Superintendent")
\ITNESSE!
‘The Board of Education, pursuant to North Carolina General Statute 11SC-271, has
lected to renew the contract of DANIEL A. NOVEY az Superintendant of the Carteret County
Public Schools administrative unit for the term hereinafler slated, and Superintendent has
accepted this renewal. This Contract contains the terms and conditions relating tothe election
nd employment of Superintendent inthis eapacity. These terms and conditions are the product
cof negotiations between the parties and each party has agreed to accept and fulill these tems
and conditions
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter stated, and in furtherance of their mutual objectives, the Board of Education and
Superintendent hereby covenant and agre as follows:
1. CONTRACT TERM, The Board of Education hereby employs Superintendent as
Superintendent of the Carteret County Public Schools administrative unit for a term
beginning July'7¥2012/and ending. June:30;2015 Not later than January 1, 2015, the
Board of Education will notify Superintendent whether or not it will extend the term of,
‘this Contract beyond the expiration date of June 30, 2015. The Superintendent will be
‘responsible for scheduling a meeting of the Board of Education in suficient time for ito
give such notice.
CERTIFICATION; LICENSURE, Throughout the period of employment applicable
{o this Contract, Superintendent shall hold and maintain such certification or licensure as
may be required for the position of Superintendent by the State Department of Public
Instruction and the State Board of Education, Failure to hold and maintain this
cetificaton or licensure shall be deemed a breach of the tems ofthis Contract.
3. DUTIBS. Superintendent shal discharge faithflly all Iawful duties imposed upon him as
Superintendent of the Carteret County Public Schools administrative unit by the State
Department of Public Instruction, the State Board of Education, the Board of Education,
and applicable state and federal statutes, rules, and regulations, In addition,
Superintendent shall implement all lawful policies adapted by the Board of Education and
lava directives issued to him by the Board of Education. Superintendent shall take such
action as the Board of Education may reasonably direct from lime to time to improve the
relationship between the Superintendent and the community, the Superintendent and his
Staff, the Superintendent and the other employees of the Carteret County Public Schools
administrative unit, and/or the Superintendent andthe Board of Education,Superintendent shall have the right to atend all Board of Education meetings except
‘meetings called 0 discuss his evaluation, and he shall have the right to. provide
‘administration recommendations on each item of business considered by the Board of
Education
Throughout the term of employment specified in this Contract. Superintendent shall
devote his fll time, skill labor, and attention to performing the duties of Superintendent
of the Carteret County Public Schools. However, Superintendent, with the prior consent
of the Board of Education, may undertake consultie Work, speaking engagements,
‘writing. lecturing, or other professional duties and obligations, as long as such activities
do not interfere with his work a5 Superintendent of Carteret County Schools. Any
compensation Superintendent receives for such undertakings shall belong (0
‘Superintendent,
COMPENSATION. As compensation for his services as Superintendent of the Carteret,
County Public Schools administrative unit, Superintendent shall receive an annual salary
determined as set forth herein. Salary will be paid to the Superintendent in monthly
installments. The Superintendents initial salary for te first year of this contract shall be
One Hundred Forty Thousand & No/100 Dollars ($140,000.00) per year and any
Percentage inerease approved for public school superintendents by the North Catolina
General Assembly in the 2012 session for the fiscal year beginning July 1, 2012. The
inital salary and any percentage increase approved by the General Assembly are refered
to herein as "base salary." For each subsequent year of this contract, Superintendent will
receive his base salary and (a) any percentage inerease for the relevant fiseal year
approved for public school superintendents by the North Carolina General Assembly, of
(b) if no specific increase is approved for superintendents, the percentage inerease in
salary for certified public schoal employees, unless the General Assembly specifically
excludes school superintendents from such increases
‘At Superintendents request, the Board of Education shall withhold from his annual salary,
and transfer to any tax-favored annuity, retirement program, of life insurance program
selected by him, such amount as he may designate, These withholdings and transfers shall
bbe made annually, semi-annually, quarterly, or monthly as Superintendent may direct.
‘TRAVEL EXPENSES. The Board of Education Will provide school truck #7020! to the
Superintendent for transportation during the performance of his duties. The Board of
Education acknowledges thatthe Superintendent is on call 24 hours a day and often begins
his work day at a school or a schol function rather than his office. As a result, the
Superintendents use of schoo! truck #7020 shall be for the reasonable needs of the Board
‘of Education and shall not be deemed a benefit to the Superintendent. Additionally,
because the Superintendent may be ealled to duty at any time, he is permitted 10 make
incidental personal use ofthe vehicle without reimbursing the Board of Ecication any cost
‘As wed inthis Conta, School ruck #7070" shall mean tha particular vehicle or an equivalent sbie
‘hil hat vehicle Being epted or when t becames america,
2of operation of the vehicle, but such use will not be deemed a taxable benefit. Ifthe
Superintendent uses the vehicle for personal use outside the county, he agrees to pay the
fuel expenses for such use and acknowledges that such use may be deemed a taxable
benefit
‘When driving his personal automobile in Carteret County during the performance of his
oliiial duties, the Superintendent will be reimbursed the per mile rale approved by the
Board of Education from tie to time forall employees of the system.
When traveling out of county during the performance of his official duties Superintendent
all be reimbursed forthe expenses he Ineus TOF teavel, meals and lodging.
INSURANCE BENEFITS, Superintendent shall recsive the same health insurance
coverage and other personnel benefits accorded to professional employees of the Carteret
County Public Schoo! administrative unit as provided by law and North Carolina State Beard
‘of Education regulations
INDEMNITY AND LIABILITY INSURANCE. The Board of Education agrees that it (a)
shall defend, hold harmless, and indemnify Superintendent from any and all eivil demands,
claims, suis, actions, and legal proceedings brought against him in his individual capacity
inhis official capacity as agent and employee of the Board of Education orovided te incident
arises from actions within the course and stope of his employment, and b) will pay any civil
judgment entered against him when such claim is made or such judgment is rendered as
damages on account of any act done or omission made, or any at allegedly. done or
Comission allegedly made, in the scope and course of his duties as an employee ofthe Board
of Education. Board of Education also agrees to defend Superintendent from any and all
criminal actions and proceedings brought against him personally that arise from his official
actions as Superintendent of Carteret County Schools. However for citer civil or eximinal
claims, suits or proceedings, ifthe highest tribunal considering such matter determines tht
liability. responsibitty, oF guilt results fom Superintendents intentional wrongful act beyond
the course and scope of his duties, or results ffom a violation of criminal law, the
indemnification and hold harmless agreements contained herein shall rot apply (unless the
Board of Education ordered Superintendent to take such action), and Superintendent, upon
demand by the Boar! of Education, shall reimburse the Board of Education the defense costs
incurred by the Board
‘The Boatd of Education shal also provide lability insurance coverage, or risk management
protection through the North Carolina School Board Trust o protect Superintendent in any
Civil action or proceeding brought against him either in his official or in his individual
capacity, or both, on account of any act done or omission made, or any act allegedly done
‘or omission allegedly made, in the scope and course of his duties as an employee of the
Board of Education
TECHNOLOGY ALLOWANCE. In addition to compensation and other benefits
Board of Edueaiion will pay Superintendent $300.00 per month for personalcommunication device(s) to include at a minimum a cellular telephone. In exchange for
this payment, Superintendent will maintain acellular telephone with him at all times he is
not in the Central Office during normal working hours such that his administrative staff and
members of the Board of Education will have contact with him ifneeded. Superintendent's
cellular phone will not be Board of Education property and he will specifically have the
Fight to use the same For personal calls, and will have no duty to account for use of the
phone or other personal communication device. Notwithstanding the foregoing
Superintendent agrees to be reasonably availabe (or communication with Members ofthe
Board of Education, at least by telephone, whether cellular or land line, after regular
‘working hours
LEAVE, Superintendent will receive sic leave as provided to administrative personnel
of the Carteret County School System under Board of Edveation policy and stale law oF
fegulation. Superintendent will receive twenty days ("base vacation days") of vacation
leave for the first year of the term of this contract. For each year after the fest,
Superintendent will receive his base vacation days and any additional vacation days as
provided to administrative personnel ofthe Carteret County School System under Board of
Education policy and state law or regulation. ll sick leave and vacation leave will be
subject to Board of Education policy and state law or regulation,
RESIDENCY. Superintendent will reside in Carteret County during the term of this
Contact,
STAFF ORGANIZATION, Superintendent shall have the authority and the discretion (o
‘organize, reorganize, and/or otherwise atrange the administrative staff and the instructional
siaff of the Carteret County Public Schools administrative unit in such fashion of manner as
in his judgment best serves the administrative and instructional programs and the general
‘operation of the unit. This authority is subject to existing contracts with administrative
staffand to tenure laws
INFORMATIONAL REPORTS; OFFICIAL STATEMENTS, To the extent allowed
by applicable law, administrative regulation, or policy, Superintendent shall inform the
Board of Education regarding events within the Carteret County Public Schools
adminisraive unit ina reasonable and practical manner and will attempt to notify
members of the Board of Education of newsworthy school system events before such
‘events are publicized when such notification is practical. He shall not make or issue any
official statement on behalf ofthe Board of Education without the Board of Education's
Prior approval, but is permitted to publicly discuss existing Board Policy and practices,
and is permitted to respond to questions to him from the media and the public in his
capacity as Superintendent of Schools
EVALUATION OF SUPERINTENDENT, At least annually the Board of Education
shall conduet an appraisal ofthe performance of Superintendent as Superintendent of the
Carteret County Public Schools administrative unit, If the Board of Education fails to
schedele the annual appraisal, it will be Superintendent's responsibility to then sehedlethe same. The Board of Education shall discuss the results of this appraisal with
Superintendent in closed session. In addition, the Board of Education and Superintendent
may discuss al any time Superintendent's performance as Scperintendent and/or any other
matter involving the relationship between the Board of Education and the Superintendent.
Each year Superintendent shall egordinate with the Board of Edueation a session to plan
establish, and evaluate goals and objectives far the Carteret County Publie Schools:
administrative unit,
MEMBERSHIP IN PROFESSIONAL ORGANIZATIONS, Superintendent shall
‘maintain membership in the American Association of School Administators, the North
Carolina Association of School Administrators, the Noth Carolina School Boards
Association, the Association for Supervision and Curiculuas Development (ASCD), and
Phi Delia Kappa and any other professional organization approved by the Board of
Education, and shall participate in professional meetings. seminars, and other events as his
Schedule permits. The costs of such memberships and paricipation shall be paid by the
Board of Education. In addition, the Board of Education shall pay the coals of
Superintendents" membership in atleast one local service lub approved by the Board of
Education
Subject to reasonable budget limits, the Board of Education shall pay all costs incurred by
Superintendent in attending two national professions! conferences each year
Superintendent shall submit to the Board of Education for approval an itemization of all
expenses incurred in attending these conferences
In addition to the forgoing, che Superintendent will atend "360 Degree Evaluation”
leaining offered by the Center for Creative Leadership in Greensboro, NC forthe purpose
of studying current techniques in effective evaluation of the administrators inthe Carteret
County School System. The expenses of such taining wil be borne by the Board of
Education
REPRESENTATIONS AND WARRANTIES, Superintendent represents and warrants
that he has never been discharged from any prior employment for cause; that he has not
bbeen convicted of a eriminal offense; that he has not deckred bankrupicy of olherwise
become unable to pay his just debs; that no civil judgment has been rendered agsinst him
at any ime in any jurisdiction whatsoever; and that he has not committed in any
jurisdition whatsoever any offense for which he would be subject to discharge under
‘Nonth Carolina General Statutes 115C-274 or 115C-325(eX(
PHYSICAL EXAMINATION; INABILITY TO PERFORM EMPLOYMENT.
DUTIES, Annually, Superintendent shall be examined by a physieTan duly licensed to
Practice medicine in the State of North Carolina and approved by the Board of Education,
Upon completion of this examination, Superintendent shall deliver 1o the Board of
Education a written opinion from the examining physician regarding Superintendent's
fitness to perform the duties of Superintendent. The costs of these examinations,
‘exceeding any medical insurance coverage, shall be pad by the Board of Edueation.
5‘Throughout the term of this Contract, Superintendent shall immediately notify the Board
of Education of any condition incurred by him which may threaten or otherwise