Aug 14 2000 S:44AH Catawba County Schools 828-464-0825 pore @ STATE OF NORTH CAROLINA EMPLOYMENT AGREEMENT FOR ‘SUPERINTENDENT COUNTY OF CATAWBA THIS AGREEMENT is entered into by and between the Catawba County Boerd of Education which isthe governing Board forthe Catawba County School Administrative Unit (hereinstter “Board”) and Daniel V. Brigman (hereinafter “Superintendent”, WITNESSETH: WHEREAS, the Board is duly constituted under the laws ofthe State of North Carolina and is empowered to elect and contract for the employment of a superintendent for its local ‘administrative unit; and WHEREAS, the Board has agreed to employ as its superateneat and Superintendent ‘as agrod to accept employment ea Superatneat of Catawba County Bomd of Education nder te temas berenaler provide; aod WHEREAS, the parties understand and agree that this Agreement shall not be effective ‘until approval by an affirmative, majority vote of the Board at a regular or special mecting of the Board. ‘Accordingly, in accordance with North Carolina General Statutes §115C-47(13) and 11SC-271 et seg, and in consideration of the mutual covenants and promises hercin set forth, the parties agree as fllows: 1, Term. The Board does hereby elect und employ Daniel V. Brigman as superintendent for Catawba County Board of Education fora four (4) year term beginning July 1, 2012 and ‘ending June 30,016; unless sooner terminated as further provided herein. 2. Certifieation, Throughout the term of his employment pursuant to this Agreement, ‘Supesintendect shall bold and maintain a valid end appropriate cetifcate and licensure to ‘Actas superintendent as prescribed by the laws of the State of North Carolina, the North Carolina Department of Public Instruction and the North Carolina State Board of ‘Education, Fallur to hold and raintain this certification and ficensure at any time dusing the term of this Agreeroent shall be deemed a material breach ofthe terms ofthis ‘Agreement 3. Duties. During the term of his employment pursuant to this Agreement, SuperintendentHug 14 2000 $:44AH Catawba County Schools 828-464-0825 page 3 shal faithfully perform the duties of superintendent as roqured by the North Carolina Department of Public Instruction, North Carolina State Board of Education, all spplcable ‘tate and federal laws and regulations and in accordance with the policies now established or hereafter adopted by the Board, In addition, Superintendent sball implement al policies adopted by the Board and all directives issued fo him by the Board. Superintendent shall have charge ofthe administration of the schools under the direction of the Board which ‘nudes but is not Hmited to the following: 1) he shall be the chie executive officer of the ‘Board; 2) he shal serve as seeretary to the Board; 3) he shall direct and assign teachers and other employees ofthe schools under his supervision, 4) subject to those powers ‘reserved tothe Board by law, North Carolina State Board of Education policy or Board policy, he shall be responsible for al student affirs, instructional and curriculum afirs, ‘Seca afsirs and business afirs; 5) he ahall organize, e-organize and arrange ‘administrative and supervisory personne, inciuding instructional and business affirs, 25 best serves the interests of the Board and its district, provided thatthe Superintendent shall obtain approval ofthe Board prior tothe transfer of administrative and supervisory ‘personnel; 6) he shall have the authority to immediately accept resignations of personnel {for and on behalf of the Board; 7) he shall select all personnel for hire subject to the ‘approval ofthe Board; 8) he shall appropriately and promptly study, recommend responses to and respond to criticisms, complaints and suggestions called to his attention; ‘9) he stall, from time to time, suggest regulations, rules and procedures deemed necedsary {ir the wellordering ofthe Board's school district; and 10) he shall, in general, perform all duties incident to the office of the superintendent and such other duties as may be prescribed by law or by the Board from time to time, 4. Compensation, Superintendect shall be pad from State finds an annual salary 25 ‘provided for by the sate standard salary schedule for superintendents adopted by the State Board of Education. In addition tothe salary paid to the Superintendent from sate funds, the Board shall supplement the Superintendent's State's salary from local finds to the ‘extent that the Superintendent is paid a total annual aggregate salary of One Hundred Sinty Thousand and 00/100 Dollars ($160,000.00) allocated as (i) a base pay annual ‘aggregate salary from state finds of One Hundred Twenty-six, Six Hundred Twenty-four ‘and 00/100 Doilars ($126,624.00); and (i) n addtional local supplement of THIRTY - ‘three Thousand, Three Hundred Seventy-six and 00/100 Dollars ($33,376.00). In ‘addition, Superintendent shall receive annual salary inresses equivalent tothe salary {acreage for ceotral office employees awarded by the North Carolina General Assembly and State of North Carolina each fiscal year and any special compensation payments ‘awarded and authorized by the North Carolina General Assexbly and State of North Carolina and paid through state funds, including but not liited to, longevity peyrazts. “The total aggregate annual salary less such amounts that are required to be withheld from salary by state, federal and local Iews, rales and regulations shall be paid to Superintendent ‘in equal monthly installments in accordance with the state and federal laws, rules and regulations and policies of the Board governing payment to other professional members of ME ge vsFug 14 2000 5:44AM Cateubs County Schools 828-484-0925 pace + the schoo! administrative unit, 5. Deferred Compensation. The Board, at the request of Superitendent and in accordance with state and federal law, shall withbol! from Superitendent’s annual sary snd transfer into a tax deferred annuity program or retirement program of Superintendent's choosing any amount of Superintenden''s annual salary determined by ‘These withholdings and transfers shall be made annually, semi-annuelly, {quarterly or monthly as determined by Superintendent. 6 Travel. During the tem ofthis Agroement, the Board shal py Superintendent One ‘Thousand and 00/100 Dols ($1,000.00) per month for in-state mileage and autombile travel epenses. This amount sal be pel by the Board 1 Superintendent ia leu of xy in-state mileage expenses end instate automobile travel expenses which the Superintsndent actualy incrs aad the Board shal ot be liable to pay Superintcden! oxy in-state mileage expenses and in-state atone travel expenses in exces of One ‘Thousand and 00/100 Dollars ($1,000.00) per month, In addition, the Board shall reinburve Superntendeat atthe applicable sate rate fbr out-of tate milage expenses and other travel expenses for meas and lodging which the Supernendent actualy incurs the performce of his duties as uperintendent. 7. Other Benefits (insurance, Annual and Sick Leave and Other Benefits). During the ‘erm of tis Agreement, Superintendent shall receive 1) hesith and dental insurance coverage for himself his spouse and his dependent children; and 2) annual leave, sick leave end all other benefits provided to all other twelve (12) month licensed administrative ‘employees ofthe Board in accordance with state law, federal law and North Carolina ‘State Board of Education policies, rules and regulstions. Superintendent shall comply ‘with sats law, federal lew, Board policies and North Carolina State Board of Educetion sales, regulations and policies in taking and utilizing annual and sick leave. Accrued ‘annual and sick leave may be carried forward as provided by state law, foderal law, Board policies end North Carolina State Board of Education rues, regulations and polices. Any ‘payment for any accrued and unused annual leave shall be made atthe termination of this ‘Agreement in accordance with state law, federal law, Board policies and North Caroline State Botrd of Education rule, regulations and policies. 8. Memberships in Professional Organizations. During the term ofthis Agreement, ‘Superintendent shall maintain membership in the North Carolina Association of Sebo! Administrators, North Carolina Association of School Superintendents, North Carolina ‘School Boards Association, National School Boards Association and such other ‘professional associations and conmunity organizations as approved by the Board which Superintendent believes are necessary to maintain and improve his professional skills end assist hin in commaity, governmental and professional relstions. The costs ofthese ‘memberships and participation in professional meetings seminars and other opportunites, Lae ger ove IcsAug 14 2000 5:44AM Catawba County Schools 328-464-0925 pare 5 ‘lated to these organizations shal be pa by the Board in on amount not to exceed the ‘amount allocetsd by the Board for such expenses each fiscal year. 9. Professional Growth. Superintendent shall attend appropriate professional meetings at the local, state und national level, the expense of sid attendance to be paid by the Board ‘nan arpount not to exceed the amount allocated by the Board for such expenses each fiscal year. The Board expects Superintendent to continve his professional development and expects im to participate in relevant learning experiences and to inform the Board of his attendance ut suid mectings. The Superintendent sl fle itemized expense statements {or reimbursement of payment ofthese expenses with the fiscal officer of the Board as they are incurred. 10, Doouletle and Relocation Expenses. During the entire term of this Agreement, ‘Superintendent shal be domicfed within the geographic boundaries of Catawba County, ‘North Carolina. The Board shall reimburse Superintendent for his actual cost of relocation expenses of his personal property from Macon County, North Carolina to (Catawba County, North Carolia, provided Superintendent obtains two (2) written estimates for such relocation cost in advance, provides a copy of the same to the Board (Chair, provides a ststement or invoice showing thatthe relocation expenses were actually incurred by him and further provided thatthe actual amount incurred by Superintendent is ‘ot greeter tha the amount of the lowest relocation estimate. In no event shall the Board bbe responsible or reimbursing Superintendent for more than the emount ofthe lowest relocation estimate, 11. Performance Evaluation. The Board shall provide Superintendent with a performance ‘evaluation annually. The performance evaluation will be based on progress in achieving ‘gals agreed upon by the Board and the Superintendent and other evalusive criteria ‘established by the Board. The Superintendent shall receive, in writing, a copy of the evaluation, 12, Testing and Medica! Examination. Prorto the effective date ofthis Agreement, Superintendent shall compet al teting and health cericatons end procedures rogue by the Board for the employment of all personnel. In addition, prior to the effective date of this Agreement and annually thereafter prior to July 1 of all years encompassed by the tem ofthis Agreement, Supriatenden shal submit to and havea comprebensive ‘medical examination permed upon hi bya physician aproved by the Board and duly Teentd 0 practice medicine in the State of North Carta. Immediately upon completion ofthis modal examination, Superintendent sal deiver tothe Board writen certification from the examining physician certifying that Superintendent is physically competent o ful all duties and responstilites of Superintendent. This writen certiGeaton shall be fed withthe Chaman ofthe Board an treetd es conden information by the Bord. In the cae of ness, the Superintendent, upon request by the : MeFug 14 2000 5:448H Catawba County Schools 828-464-0525 pace 6 ‘Board, shall fish additional written medical records tothe Board which shall be treated 4s confidential information. The Board shall reiraburse Superintendent up to Five ‘Hundred end 00/100 Dollars ($500.00) for any actual uninsured costs of thie physical ‘examination. ‘Throughout the term of this Agreement, Superintendent shall immediately notify the Board of any medical or mental condition which he experiences or incurs that may ‘threaten or otherwise detrimentally affect his ability to perform the duties of ‘superintendent ofthe Board. In addition to the anual examination required inthis section, the Board ray require Superintendent to submit to a physical and/or mental ‘examination by « physician ofthe Board's choosing, inching tetng for aleobol or drug use, at any time the Board has reasonable grounds to suspect the existence ofa condition affecting Superintendent which, in its opinion, mandates such addtional examination. ‘The Board shall pay ll costs incurred for such addtional examinations. ‘Superintenden shall anthorize any examining physician to provide the Board with copies of complete results of eny examination required by the Board and such results shall be ‘treated as confidential information. 13, Inability to Perform. In the event Superintendent is unable to perform any or all of the essential functions ofhis employment by reason of less, eovdent or other cause and and said inabiliy exists for a total period of more than ninety (90) days including any time Superintendent takes as sick leave, annual leave, or other leave OR in the event the ‘Board, in ts dseretion, determines that such ibility is permanent, irreparable or of such ‘nature 2 to render Superintendent, in the Board's discretion, incapable of performing ‘is duties as Superintendent, the Board may, a its option, terete this Agreement, ‘whereupon the respective duties and obligations of the Board pursuant to this Agreement shall terminate, 14, Resignation. Superintendent sal give at Jas ninety (90) calendar days writen noice to the Board ifhe intends to resign from employment as superintendent prior tothe end of the term ofthis Agreement or extensions thereto. tn the event tht Superntendet fx sive the required notice, Superintendent sgrecs Lo mmedietel pay the Board the sum of “Twenty-Five Thousand and 00/100 Dollars ($25,000.00) which th partis agree is a ‘easonable and prope seasure of damages that wil be incurred bythe Board by an "untimely resignation by Superintendent. Furthermare, the Board, ins sole discretion, ‘ay terminate :hs Agreement at any tine ater Superintendent hs given notice thal he intends to resign prior tothe end ofthe term of his employment. In such event, ‘Superintendent shall be entitled only to any compensation that Would ave come due to him prior to his effective date of resignation, however, Superntenlent's obligation to pay ‘Twenly-Five Thousend and 00/100 Dollars ($25,000.00) for damages deserbed shove shall not be waived unless the Superintendent has given ninety (90) days prior writen Me cE vBFug 14 2000 5:45AM Catawba County Schools 928-464-0825 pace 7 1s. notice of resignation. Immediately upon the efective date of any resignation by Superintendent, ll duties snd obs ofthe Boar to Superintendent psu oh Agere shal cae terminate ‘Termination For Cause and Suspension, ‘Throughout the term ofthis Agreement, the Board may dismiss Superintendent for cause, Cause for dismissal shal include, but i not limited to, those specified in North Carolina General Statutes §11SC-274 aad those ‘grounds enumersied for dismissal of career employee in North Carolina General Statutes §115C-325(e)(1) including any amendments to such laws subsequent to this eectve date ofthis Agreement. In addition, the Bosrd may dismiss Superintendent for ease for his ‘Bilure to comply with board policy or his fire to follow any ressonable directive or irectves received by Superintendent by the Board. The Board shall not dismiss ‘Superintendent for any reason tht i arbitrary or capricious. Prior to any decision ofthe Board to dismiss Superintendent for cause, the Board shall provide to Superintendent written notice ofthe alleged reasons for his dismissal and a fir ‘hearing before the Board. At leat ten (10) days prior tothe date of such hearing, the Board shall provide Superintendent with written notice ofthe alleged reasons fo his dismissal and notice ofthe date, time and location of such hearing. At any such bearing before the Board, Superintendent shal have the right to be present and to be heard, to be represented by counsel, to present through witnesses any lestimony relevant tothe issues and to examine may adverse witnesses. The Board shall conduct such hearing in closed session and in accordance with Board policy relating to hearings before the Board. Ifthe ‘Board determines by a preponderance of the evidence tht cause exists forthe dismissal of Superintendent, the Board may discharge Superintendent by written resolution. [Immediately upon the issuance of such resolution, the respective rights, duties and ‘obligations af the partoe andar thie Agreement shall immedintely cease and terminate. A ‘transcript ofthe ecord of the proccedings before the Board shall be made avaiable ‘without charge to Superintendent in the event the Board elects to dismiss Superintendent ‘and an appeal is taken by Superintendent from any ection taken by the Board. If ‘Superintendent chooses to be accompanied by legal counsel at such hearing before the ‘Board, Superintexdeat shall be responsible for and sball assume the costs of such attomey's fees or other legal expenses. ‘At any time the Board finds that cause may exist for dismissal of Superintendent or at any time the Board receives a report from the Superintendent of Public Instruction pursuant to ‘North Carolina General Seatute §115C-274, the Bow, in its discretion, may suspend Superintendent with pay fora time period not to exceed ninety (90) days. Pricr to such, suspension, the Board shall notify Superintendent in writing that it intends to suspend +m with pay andthe basis for the suspension. Inthe event, Board determines that no ae fee ivefug 14 2000 5:45AM Catauba County Schools 928-464-0925 pace 8 ‘grounds for dismissal exists, Superintendent shall be immediately re-intated to his duties ts superintendest. 16. Unlateral Termination by the Board. The Board may, in is disretion, unilterally ‘terminate this Agreement without cause, provided the Botrd provides the Superintendent at least ninety (90) days written notice that it intends to terminate this Agreement. Inthe ‘event the Board unilaterally terminstes this Agreemeat without cause, the Board shall pay to Superintendent as severance pay an amount equal tothe lester of | 1) Superintendent’ total annual aggregate salary set forth in paragraph 4. bercin for ‘one (1) year from the actual date of termination ofthis Agreement by the Board ‘hus the cost to the Board for health and dental insurance for himself, his spouse aad his Jepeadents for one (1) year fom the actual date of tennination ofthis Agreement by the Boerd; or 2) ‘Superintendent's total aggregate salary set forth in paragraph 4. forthe period ‘fom the dete of actual termination of this Agreement until the end ofthe term of {his Agreement plus the cost to the Bourd for health and dental insurance for himself, his spouse and his dependent children for the period from the actual date ‘of termination ofthis Agreement until the end of the term of th Agreement. “The Board shall pay said severance pay in equal monthly installments to Superinlendent ‘over twelve (12) months after the date of actual termination or in equal monthly {nstelinents over the remaining months in the term ofthis Agreement, whichever is epplicble. In the event the Board clots io terminate this Agreement by paying he severance amount to Superintendent asset fort herein, Superintendent shall have no ‘ther right to compensation or benefits except as act forth in this paragraph and Superintendent shall not have aright to « bearing before the Board orto appeal he ‘Board’s decision. In such event, Superintencen's right to a hearing before the Board and right to appeal the Board's decision set forth in paragraph 15. herein shall decroat ‘waived and mull and void. Dismissal of Superintendent with cause shall not constitute ‘ unlseral termination and shall not entitle Superintendent fo severance pay asst forth heroin 17. Informational Reports; Offical Statements. To the extent allowed by applicable Iw, ‘administrative regulation or policy, the Superintendent shall inform the Board regarding, fncidens, events and occurrences Within the Board's system. Superintendent sell not saake or issue any oficial statement on behalf ofthe Board without the Board’s prior ‘approvalof the statement’s content. However, as permitted by law, the Superintendeat Is the authority to make public statements on his own behal'in his role as superintendect. 18, Consulting and Outside Employment. Throughout the term ofthis Agreemert, Superintendent shall devote his time, ski lsbor and attention to performing the duties of ME 5 iveAug 14 2000 5:46AM Catawba Counts Schools 828-464-0925 pace 9 superintendent of the Board's system. The duties and responsibilities of Superitendent pursuant to the terms ofthis Agreement require fl-time employment and frequently ‘equire Superintendent to attend to his duties during the evenings, weekends and holidays, ‘During the term ofthis Agreement, Superintendent shall not accept or engage in any outside employment tht in any manner interferes or conflicts with the performace of his Auties and responsibilities as superintendent of the Board's system and any such outside ‘employment must be performed during periods in which Superintendent bas taken annual leave. Superintendent may, however, accept speaking engagements and may aocept ppointrents to foundations, boards or commissions thet do not interfere or confit with ‘the performance of his duties pursuant to this Agreement. Superintendent may not accept ‘or engage in private consulting, teaching or professorial engagements without prior spprova’ by the Bowd. In the event the Board approves Superintendents participation in private consulting, teaching or professional engagements, Superintendent may only exgage: in such activity during periods in which he has taken ennual leave. Superintendent shall sake a vritten report to the Board no lster than Jone! ofeach year listing all outside ‘employment be has performed during the preceding year. 19, Confiletof Interest Probiblted. The Superintendent acknowledges that he hes reed and ‘understands the conflict of interest statutes ofthe Stale of North Caroling and agrees to comply withthe statutes and any other state or federal law, North Carolina State Bowd of ‘Educsticn policies or regulations or Board policies relating to conflicts of interest. 20. Indemnity. The Board agreed that it shall defend, hold harmless end indemnify Superintsadent fom ny and all demands, claims, suits, actions and legal proceedings brought against Superintendent either in his officiel capacity os an employee of the Beard or individual capacity, or both, on account of any act done or omission made, or ny act allegedly done or omissions allegedly made within the scope and course of his duty as an employes of the Boerd, Superintendent's defecse may be provided by the Bourd by ts ‘own counsel, or by employing other counsel, or by purchasing insurance which requires th the insurer provide the defense. In no ease, however, wil Board members be individually or personally liable for indermilying Superintendent against such demand, lems, sts, actions end legal proceedings. 21. Approval by State Superintendent and State Board of Education. The employment ‘of Superintendent by the Board is subject to the approval ofthe North Carolina State Superintendent of Public Instruction and the State Board of Education pursuant to N.CGS. §115C-271. Should such approval not be granted, this Agreement shal be deemed nul and void. 22, Modification, By written agreeroent, subject to applicable lw, this Agreement maybe amended, modified or supplemented only by a written agreement signed by the Board and Superintendent. : adfug 14 2000 5:46AM Catawba County Schools 828-484-0925. page 10 23. Governing Law. This Agreement shall b governed by and construed in accordance with the laws of the stae of North Carolin. The invalidity of any provision ofthis Agreement shall not affect the validity of any other provision of this Agreement. iting. A copy of this contract shall be fled with the Superintendent of Pubic Instruction, ‘or North Carolina, Entire Agreement. ‘The parties hereto agres that this instrumen: contains ents agreement between them as ofthis date and that it has not been induced by either party by my representations, promises or undertakings not expressed herein, and that there are no callateral agreemenis, stipulations, promises or understandings whatsoever by the respective parties in any way affecting the subject matter of this contraet which are not ‘expressly contained inthis instrument. IN WITNESS WHEREOF, this Agreement i signed in duplicate originals, one of which is retained by cach ofthe parties. thisthe 7 dayot_@aye 2012. CATAWBA COUNTY BOARD OF EDUCATION (Catawba County Administative School Unit) ATTEST: Analinro-uppere By_Z ) ‘Chare © Wyant, xo Char “Spencer, Cat SUPERINTENDENT z (SEAL) Daud V-Aug 14 2000 S:46AN Cateubs County Schools —82a-ae4-0925 rege 11 ‘THIS INSTRUMENT HAS BEEN PRE-AUDITED IN THE MANNER REQUIRED BY THE SCHOOL BUDGET AND FISCAL CONTROL ACT Soni lasses | APPROVED AS TO FORM: EO: Crystal A. Davis, Board Atiomey 10