0-06-12; 10: 198M 6C5 Human Reso gigteeayese: ——: 0707260999 NORTH CAROLINA CALDWELL COUNTY ‘CALDWELL COUNTY BOARD OF EDUCATION SUPERINTENDENT'S CONTRACT ‘THIS SUPERINTENDENT'S CONTRACT AND AGREEMENT (the "Contract”) made and ‘encerad into this day of Noveraber, 2012, by and between the CALDWELL ‘CCUNTY BOARD OF EDUCATION (the “Board”) and WILLIAM STEVE STONE ("Steve Stane’); WrTwessaT: ‘WIHEREAS, the Board has dowermined that Steve Stone possesses the credentials, ‘educational prerequsitas, and experience requirements as provided for superintendents pursuant to Chapter 115C of the North Carolina General Statutes and asthe State Board of Education has prescribed and that it desires to appoint Stone tothe position of Superintendent; and WHEREAS, Steve Stone desires to accept the Board's appointment to the position of Supefintendent;and ‘WHEREAS, the Board and Steve Stone desire to provide a written employme costractin order to enhance administrative stability and continuity within te schools in ‘order to improve the quality ofthe overall educational program of the Caldwell County Schools; nd WHEREAS, the Board and Steve Stone believe that written employment contracts necessary to describe specifically their relationship and to serve as the baci of effective munication between them ax hey fall ther governance and udrinitrativefaretlons inthe operation of the education programs of the schools; NOW, THEREFORE, in consideration of the promises and the mutual covenants costained herein, the partios hereto agree as follows: 1, _- TRRMOF APPOINTMENT: The Board hereby appoints, and Stove ‘Stone hereby accepts appointment, to full the duties and responsibilities of Superintendent of the Caldwell County School Administrative Unit (the “System") for: {four-year term effective and commencing July 1, 2012 and continuing! which includes atwo-year extension of his previously existing contract. Extension oF ‘evewal ofthe Contract shall be undertaken only by resolution ofthe Board and pursuant toNOGS §115¢-271,00S Hunan Resources evgieaziesa ——:9267280408 DUTIES AND RESPORSILITES. Stove Sta sal perform al ose duties prescribed bythe Board, the tate Board of Education, ad the laws and statutes of the State of North Carolina ora superintandent,indding perfrzance ofthe duties and ‘ercae ofthe powers presribed fr a superintendent by Chapter 115C ofthe North Carolina General Statutes and, more parcularly, NCGS §1350-276, As Superintendent he shal have charge as Chef Exective Officer (CEO) ofthe adminstration ofthe schools ‘ander the crection ofthe Bear, including but nt United to thefllowing duties: hal Serve as Secretary to the Bari; shall direct and assign teacher: and oer employees af the chool under his supervision skal organize, reorganize and arange the administrative snd mupervisory taf neluding instruction and busines ffs as bes serves the Caldwell, County Schools shall assign and transfer personnel and assign work staGuns and ofces as inhis profesional jugment best serves the Caldwell County Sciools; shall elect and ‘recommend tothe Soardall personael; shall ccep resimatlors of personnel: hal fom {Ue to time sugzest regulations rules and procedures deemed necessary forthe well ‘ordering of the school system and in gonerl perform ll dus neidet to the ofie of the Superinendentand such other dutles as may be prescribed bylaw orby the Board from time to ime. The Superintendent shall be enitied to attend el Board or committee imestings inluding executive sessions where no conic of interest exists or isos where the Superintendents performance fs discussed, and shall serveas an ex-officio member of Sich Board or eommtesandsball be ented to submit admiistrative recommendations neach em ofbasiness considered by any such Board or committee. The Board, individually and collectively, shall promptly refer all rtcisms, complaints, and suggestions Called ois atenton to the superintendent for study and recammpendation and shall tofrain from individual interference withthe administration ofschool policies inconsistent ‘eth the terms of hs agreement. Ths ian agreement forthe performance of professional services as superintendent by Steve Stn, who sal not bo assigned to any ‘ther postion or have hie dutes pursuant to NCGS § 115C-276reassigned to others ‘ethout bis consent excet in sceardance with the tems ofthiscontrac._ I addition but ‘without inti the responses ofthe partis, the Board aad Steve Stone furthor $Scknouladge and agree ta Steve Stone shal, upon request ofthe Board, oman anual basis farlsh evidence that he continues fo porsessthe minimum credentials, educational prerequlsites and experience requirements asthe State Boardof Education shall prescribe 3. _ COMPENSATION: Steve Stone, uring the torn ofhis appointment as. Superintendent, shal be paid according tothe State Solary Schedule for Superintendents adopted by the North Carolina State Board of education, tn aiition tothe salary paid me Superintendent from stat funds, the Board agrees to supplement the Superitendent’s Salary from local funds to an amount suficien to constitute anaggragate monthly.salary of $15,967.25 Caggregate monthly salary’) The aggregate monthly salary shal be disbursed in twelve (12) equal monthly payment for services rendered during the ‘preceding month in accordance with the rules of the Board governing payment of other professional employees of the Caldwell County Schools. Inthe went that the portion of the aggreuate salary attributed to the State Salary Schedule for Superintendents shall 2 evs09-08-"9;10:4ls2E8 man Resourcas eaniesey —pa2a7280085) sew subsequently be increase by ationof the North Carolina General Assembly, he supplement portion of he aggregate salary shall not be decrease in order to maintain the ald total agaropst lary. Roar farther apes to py the Superniendent atonal salary quanto iy pscent (60%) of hie sate relenentcontibaon, This won slay shal be in adion bis segregate slay ‘The Hoard and Steve Stone may mutually agree to modify the aggregate annual salary ofthe Superintendent duringthe term ofthe Contract. Any modification inthe ‘aggregate annual salary mode during the term ofthe Contract shall be inthe form of ‘written modification as provided herein, Any such modification of this Paragraph 3 shall ‘not be deemed to constitute a neve contract orto extend the termination date ofthe Contract. _Atno time shall the agaregate annual salary ofthe Superintendent be decreased during the term of this contract. 4.OTHER BENEFITS: Steve Stone shal receive leave, health insurance, life surance and other benefits generally applicable to other twelve (12) month certificated ‘administrative employees ofthe Bosrd and pursuant to Chapter 115C ofthe North Carolina (General Scatutes and State policy, aswell 2s the following: 8. Professional Assacations, ‘The Superintendent should bea _member of appropriate professional organizations, including the American Association of School Administrators, the North Carolina Assoclation of School Administrators and others, ‘and should attend the meetings of such organlzations, ‘The Superintendent's membership ‘aes for up to five (6) professional organizations and one (1) civic organization and the reasonable expenses for ttendanceat professional meetings shall be reimbursed to him by the Board, The Superintendent may attend appropriate professional meetings and ‘courses atthe loca, state, and national level, The actual, reasonable expenses of sald sttendatice will be pald {roma the current oparating fonds ofthe Board. The Superintendent shall file temized expense etatertents with the Firance Officer to obtaia reimbursement ofthese expenses i accord with Board polly. b. General Expenses, The Board shall reimburse the ‘Superintendent for reasonable expenses be incurs on behalf of the Board, including ‘expenses from time to time as the Boars representative in the pursut of edueational ‘excellence private financing grantsand for other reasons. |The Board shall each fiseal year establish aline budget tem in an amount mutually agreeable to the Board and Steve Stone as an expense account fo such purposes. Such expenses will be paid from the current operating funds ofthe Hoard. The Superintendent shall file Itemized expense statements with the Finance Officer to obtain reimbursement of these expenses in accord with Board policy18:10: 148K,008 Hunan Resourcer ovotsezresey —:81e7260899, #510 ‘Security Measures. In the eventof public controversy or for any ter reason ifthe Boar or te Superintendent ever deus it ecensary, te Board wil provide appropriate security measures forthe safety ofthe Superintendent and/or his family. 4, Cafeteria Benefits The Superintendent may utlze the school system's existing “cafeteria benefits plan as permitted mder 26 USC. §125,or any successors plan or statute tothe fullest extent allowed by law or the plan, to receive any of ‘the benefits provided in the plan or in this Contract. Vacation, Stave Stone shall receive annual vacation and sikcleave ‘as provided by state law and North Carolina Board of Edveatin regulations. Annual leave and sileleave chall be taken fn accordance with Board polcy and State Board of Education regulations. Vacation and sick leave roay be carried forward as provided by law aud Board policy, £ — TaxDeferred income The Board, at the request of Steve Stone ‘and i accordance with state law, shall withhold and transfer an amount of salary annually or semi-annually or monthly, said amountto be determined by Steve Stone, (om the Superintendents annual salary into any tax-deferred annulty or retirement program choson by Steve Stone, 5, TRANSPORTATION EXPENSE: The Superintendent shall be required to provide his own personal automobile for axe In the performance ofhis duties. No annual {ranzportation allowance forthe Superintendent is provided in thls contract. However, the Superintendent shall be relmbursed for automotive ransportation expense incurred for travel outside Caldwell County atthe mileage rate applicable to all othar amployees of the Board. Inliew of relmbursement for out of-county travel, Steve Stone may use a Caldvrell County Schoo! System: owned vehicle for such autof-county travel. Upon spproval by the Board, the Superintendent may use public transportation (Lo, alrplane, {taln) for travel outside Caldwell County. The Superintendent shall le temized expense statements withthe Finance Oficer to obtal relmbursement of public transportation ‘expenses in accordance with Board policy and such statements reported tothe Board, “The Superintendent and the Board shall revlew this provision at the end of ‘the first year ofthe contract and may review it periodically thereafter in order to make such adjustments as they mutually agree are necessary. Any such adjustment ofthis Paragraph 5 shall bein the form of writen modifiation as provided heraln. 6, PROFESSIONALLIABILITY: The Boardagress that it shall defend and Indemnify the Superintendent fom any and all dersands calms, sults, actions, and legal proceedings brought against the Superintendent in hs indlvidual or official capacity as ‘agent and employee ofthe Board, provided the incident givin rise to any such demand, lai sult action, orlegal proceeding (a) arose while the Superincendant was ating within the scope and course of his employment and (b) provision of such liability coverage is 408-06-19; 0'12Ml;C68 Homan Reroureae sngteeaese 6207200883 te ‘within the authorty of the Board uncer North Carolinalaw, including NCGS §115C-42 & 43, The Board shall provide indemnity from Uablity 2s set forth above forall sims ‘made and occurrences throughout te tam ofthis cantractand any extensions thereof, {noo event will individual Board members be considered persorelly Iiablo for Indemnifying the Superintendent against such demands, claims, sults, actlons, or legal proceedings. The Board shall not however, be raquired to provide for or pay te cost of any legal proceedings inthe event the Board and the Superintendent are adverse parties, Including claims or criminal charges based upon actual fraud, corruption or aesusl malice onthe Superintendent's part. 7. RESIDENCE: Pursuant to NOGS §1156-272, the Superintendent shall establish and maintain his estdence within Caldwell County. 8, CONSULTINGAND OUTSIDE EMPLOYMENT: The dues and responstblites ofthe Superintendent require ulltine employient and frequently require {he Superintendent to atand this dates outside regular business hours. Accordingly, the Superintendent shall not secepany outside employment tobe performed during the term ofthe Contract without ebtalning prior Board approval As sed heel, “utsde temployment”shallbe understood to lndlue, buts nt limited wo, service on boards or commitees and ll writing consul work, teaching and speaking engagements Undertaken in conjunction with membership fn profesional organfrations, ther than such ‘wonpald actives undertaken in conjunction with membership in professional ‘organiations, Steve Sone agreasto comply with the laws and statues of North Carolina nd with Board polcy regarding cores afinterest. Tp no event wil he Board be Tequlrd to reimburse any expenses incurred by the Superintendent in the performance of ‘outside employment. ‘The Board recognizes that certain outside employment may bave a beneficial impact onthe Superintendent's profession growth and may be such that it would not interfere ‘vith the Superintendent's performance ofhis duties and reqponefbities. Thus, the ‘Board grants to Steve Stone, subjecttn prior Board approval, the opportunlty to engage in sch outside employment as it Jutermines shall not in any wanner interfere with his performance ofhis duties and responsibilities as Superintendent. 9, DISABILITY: Ifthe Superintendent becomes totally disabled by reason of physical o mental illness or bodily Injury: and said total disability exists for a period of (a) ‘ninety (90) or more days during the term ofthe Contract beyond that period which he ‘would have been entitled to take as sick leave, vacation eave, both; or ifthe Superintendent i determined to be permanently disabled; the Board may (at its option) terminate the Contract, whereupon he respective duties, rights, and obiigationsaf the partes hereaf shall terminate. _ Dotzrmination of the existence of nonexistence of total or permanent disability shall be made by the Board ina nondiscrimlnatory manner and pursuant to an exannlnation by a physician, psychiatrist, psychologist, or mental health professional then currently lcensed or authorizad to practic in the State of Norch Carolina 587280803 10:)2MN;0C8 Hunan Resources ssrgieaatesat and mutually selected, appointed, or approved by the Board and Steve Stone. Application ‘ofthis provision will be determined pursuant to the following definitions: Total Disability - The Superintendent will be considered totally dlsabled if it ts determined that he is unable to substantially perform his material duties under the Contract by reason of physical or mental iness or body snjury. +. Permanent Disability ~The Superintendant willbe considered permanently disabled Ifils determined thatthe Superintenden?s physical or mental Ilness or bodily injury (1) is expected ro result In death or be oflong-continved or {ndefinit duration and presents no reasonable prospect of rapid rehabilitation and (2) is likely to render the Superintendent unable to substantially perform his material duties under the Contract « Physician Physician means a person who Is operating within the scope of his license and is currently Icensed to practice medicine and preseribe and administer drugs orto perform surgery in the State of North Carolina. Ievillnot include a member ofthe Board ora spouse, daughter, son father, nother sister, or brother ofa member ofthe Board or of te Superintendent 4 Physical tiness- Physical iness will aclude a dscase or disorder of any ‘ype diagnosed by a physician. «Mental iness~ Mental liness will include mental nervous, or emotional Alseases ar disorder of any type diagnosed by « psychiatrist, psychologist, ar other mental health professional then currently leensed or authorized to practice inthe State of North Carolina, 10. DISCHARGE: The Board may discharge the Superintendent for eause during ‘the term ofthe Contract. Causes for removal shall incude but aot be limited ta those ‘enumerated in NCGS §115C-274 (Including any subsequently enacted arvendments thereto). Ifa member ofthe Board has cause to believe that grounds exist for Steve ‘Stone's discharge, sald member may present to the Board a statement setting forth such ‘grounds. Upon recalpt ofa report ofthe Superintendent of Public instruction (as ‘provided for in NCGS §115C-274) ora statement froma moraber of the Board (as provided for above), the Board may atts option, appoint legal counsel to tnvestigate the alleged. ‘grounds for dismissal and make a recommendation tothe Boardas to whether a hearing should be held to determine if grounds for discharge exist. Prior to aay decision of the Board to discharge the Superintendent for cause, the Superintendent shal have the ight toa written statement of thealleged grounds for discharge and te (10) days written notice ofthe time and placwof bearing before the Board. The Superintendent stall have the right to be prasent atthe hearing. tobe represented by counsel, to present evidence in his own behalf, and t cross-examine 0(08-06-19; 10: 14aNs0CS Hunan Resources ovpioeaiges) ——sana7zaneaa eavia verse witnesses. Itshall not be grounds for objection by the Superintendent that 2 ‘Board member shouldbe recused from the hearing because he presented or participated in presenting tothe Board a statement setting forth alleged grounds for discharge. The ‘bearing shall be conducted in closed session and in accordance with NGGS §115C-325(), as applicable. Ifthe Board determines by a preponderance of the evidence that grounds for discharge exist and are substantiated, tho Board may by writtn resolution order sich discharge and declare the office vacant. Ifthe Superintendent elects tobe represented or accompanted by legal counsel at any hearing before the Board, he shall assume the cost ofhis legal expenses. In the vent the Superintendent undertakes an appeal from any Board action, a transcript of the record ofthe proceedings before the Board shall be made avallable without charge t the Superintendent. Discharge for cause pursuant to Ehs provision shall terminate all rights and reeponetbiies of Stove Stone as Superintendent ‘11, _ SUSPENSION: At he thme the Board recelves a report from the Superintendent of Public struction ora statement from a member ofthe Board pursuant to NCES §115C-274 and/orthe above paragraph, the Board may in its discretion determine that immediate suspension of the Superintendent is necessary, andthe Board may suepond the Superintendent with pay fora reasonable time, not to exceed twenty (20) days, Before suspending the Soperintendent, the Board shall give the Superinlendent written notice of the suspension, sald notice to include an explanation ofthe basas for the Board's decision to institute his suspension. During the perlod of suspension, the Board may, pursuant to N.C. Genoral Statue §115¢-275, appoint another person to serve as acting superintendent, with all the powers and duties prescribed fora superintendent by N.C. General Strtue §115C-276. 12, _ UNILATERAL TERMINATION BY THE BOARD: The Board may, at its option and within ninety (90) days writen notice tothe Superintendent, unilaterally terminate the Contract. Inthe event of such termination, the Board shall pay the Superintendent, as severance pay, the aggregate anaual salary payable pursuant to Paragraph 3 heroin forthe period beginning with the elective date ofthe teriination and ‘continuing tothe termination date set forth n the Contractor fortwo years, whichever Is less, with no reduction or offset. The Board shall pay said severance pay in one lump sun sayinent on the date of termination, unless the parties otherwise gree. Inthe event the ‘oord decides to terminate the Contract pursuant to thls provision, the right toa discharge ‘bearing before the Board, as specified inthe above paragraph here, and the rightto appeal the Board's action pursuant to NCGS §115C-274 sta be considered waived by Stone, 113. GOALS AND OBJECTIVES: During the term of the Contract, the Board and Stone shall meet each year on a date established by the Board after consultation with ‘Steve Stone to establish the Superintendents goals and objectives for the upcoming school 18-06-13; 10;1aM;6eS Human Resources enorwscisse 59207280888 ‘year. Said yoals and objectives shall be reduced to writing, established by resolution of the Board and stall be among the criteria by which Stove Stone s evaluated as described herein. 14, EVALUATION: The Boar shall provide Stove Stone with geiodle opportune tdlscuss the SupertstandentBoard elatonship, and shall provide for a formal performance evaluation atleast annually duringthe month ofJly. Beginning in Julyof "2007 ding uke wrm oF is appelntment as Superintendent the Boar shall provide Stove Stone with an annual evaluation of Steve Stone's perforaance of his dee at Superintendent during the previous contract year by a method and pursuant toa schedule tobe determined hy the Board afer consultation withthe Superintendent. A confidential wraten record ofeach evaluation shall be matntaned inte fle ofthe Board. ‘As part ofthis evaluation the Board shall review and consider any increases in the Superitendcot’s anlaryand the Board shall consider whether extend the term of his contract tothe wctent allowed by law. 415, REPRESENTATIONS AND WARRANTIES: Steve Stone represents and ‘warrants that he has nevor been discharged from any prior employment fer cause: been convicted ofa ciminal offense (other than a minor trafic violation); declared bankruptcy or otherwise become unable to pay his debts; or committed any offens for which he was lable for discharge for cause as that term Is defined pursuant t NCCS§11SC-274. Steve Stone represents and warrants that all ofthe information and documentation submitted by ‘him in support ef his application for employment as superintendent hes been genuine and ‘truthful, Breath ofthese representations and warranties shall constitute grounds for discharge for case as provided in this agreement above. 16, CONFLICT OF INTEREST PROHIBITED: Steve Stone acknowledges that he has read and understands the conflict of interest statutes ofthe State of Nort Carolina and agrees to comply with these laws and any other laws or Board policies ulating to conflicts ofiterest 117, FILING WITH THE SUPERINTENDENT OF PUBLIC INSTRUCTION: A copy ofthis contract shall he fled with the Superintendent of Public Instruction in ‘compliance witr NCGS §115C-271 In order to establish the eligibility of Steve Stone for the ‘office of superintendent. Stone shal comply with prerequlstes for candidacy, iFauy, ‘which have bees or which shall subsequently be promulgated pursuant to sald statute by the State Board af Education as required by North Carolina law. 18," MISCELLANEOUS: a. The Contract may be executed in several counterparts, each of wich hall be deemed tobe an original and which together shall constitute fone and the same instrument. , _Allfeadings herein are inserted for convenience oly, w06-08-19; 10:19AN;0C8 Hunan Resources oiateeziesat 2207200499 B10 © Any exception or modification tothe Contract shall be only by mutual ‘written consent ofthe parties. This Contract shallbe governed and interpreted by the lawe and statutes of North Carolin © This Contracts stbject to any amendment, repeal, or enactinent of applicable provisions inthe North Carolina General Statutes, £ during the term of the Contract {tis found thata specific clause thereto is legal or unenforceable under federal or North Carolina law, the remainder ofthe Contract shall not be deemed affected thersby and shall remain In force, & This Contract contains the entire agreement and understanding ofthe parties regarding the employment of Steve Sone by the Board and bis appolntment to fil the ofice of Superintendent for Caldwell County Board of Education. IN WITNESS WHERFOF, the Board has caused the Contract ‘behalf by its Chairperson, and Steve Stone has approved the Com signature, asof the date frstabove written. (stat) ‘Timothy Havas, Vice Chairperson