STATE OF NORTH CAROLINA, SUPERINTENDENT'S CONTRACT COUNTY OF CHEROKEE THIS AGREEMENT is made and entered ino as of 2th day of May, 2015, by and between ‘THE CHEROKEE COUNTY DOARD OF EDUCATION, (icine cll dhe “Boan”) an JEANA C. HARDIN, (hereinatr called the Superintendent “The Board and the Superintendent, for and in consideration ofthe covenants and agreements contained in this Contraet and other good and valuable consideration, contract and agree a allows Employment, Term, Residence and Onth of Office ‘The Board hereby continues 10 employ the Superintendent and the Superintendent does hereby agiee to continued employment as Superintendent of the Schools of the Cherokee County School ‘Adninistratve Unit fora frm beginning July 1, 2015, nd ending June 30,2017. The Superintendent shall reside in Cherokee Co th Carolina, The Superiatendeat has already taken the oath of afice requited by N.C, Gen, Stat. § 1150-272, 2. Professional Certification “The Superintendent shall main Uroughout the term oF her employment a valid and appropiate cemifieate to act as Superintendent as pretribed by the laws ofthe Stale of North Carolina and the ‘regulations ofthe North Carolina State Board of Education (hereinafter ealed the "Sate Board"), 3. Dates “The Superintendent shall have the charge oF the administration ofthe schools under the dretions ofthe Board and the Superintendent shall perform such educational duties at may be prescribed by the Board fom time fo time, including, but ot limited t, the duties of Suprintondem of Schools inthe Cherokee County Schoo! Admiisrative Unit and ex-oficie secretary ofthe Board as prescribed now and from time to time during the term ofthis Contract by state and federal laws, rules and regulations, Without limiting the generaiy of the foregoing, the Superintendent shall be the chief exccutive officer of the Board and shal be responsible fr all stadent ars, inseuctional and eurieulum affis, employment alr, fiscal affairs, and business afar, subject to those overs which ate reserved lo the Board by I, board policy, or board decision, The Superintendent shall duct and assign teachers and other employees Of the schools under her supervision; shall organize, re-organize, and arrange the administrative and Supervisory sta, including instruction and business afi, a8 she deomes inthe best interest of the Cherokee County Schoo! System; shall select all personnel subject to approval of the Board of Education; shall have the authority to aeeept resignations of personne, for and on behalf of the Board of Edvcation; ‘nd in general perform all duties incident to the office of Superintendent as provided by lw, including tut not Fimited to, those duties more particularly desribed by N.C. Gen. Stal, § 115C-276. The Board shall not assign the Superintendent to any other position or impose on the Superintendent dies not ‘ordinarily and reasonably considered o be dies fa school superintendent. ‘The Board individually and coletvely, shall promptly eefer ll ertctms, complains, and suggestions called 10 is atetion to the Superintendent for study and recommendation, Individual Board members shall refaia from interference withthe administration of seool polices except through Board section Page 1 of‘The Superintendent sh have the right to atend all Board mectngs ad all Board commitee meetings, except as to a meng called to discuss the Superntenden's evaluation, performance or mmployment. The Superintendent shal have te eight to provide administative recommendations on each business item considered by the Bourd and its commiees. 4. Compensation DDuning the teem of 1s Agreement, the Superintendent shall be paid in equal monthly insiallments an amount of $8697 which és within the minimum and maximum allowable for & Superintendent 11 or as decided by 2 majority of the Board at later date during the term of this ‘agreement, subject 1 al other terms and conditions, herein, The Superintendents salary shall include the 'maximum monthly supplement rom Site funds for an earned advanced suporinienden's ceria “The Superintendent shal be pid he total annual salary less such amounts that are required t be withheld fom such salary by state, federal, and local laws, rules, and regulations, in equal monthly installments at the time salaries of other professional employees ofthe Board are paid. The Total Annual Salary ofthe Superintendent hall increase by the same pereeniage of any saewie salary increase forall dministraters which may ffom time o time be authorized by the North Carolina General Assembly, if any. At no time during the tem of this contact, except for the reasons set forth herein, shall the Superintendent experience a rection in salary, ‘5. Reimbursable Expenses and Fringe Benes a. Transportation. The Board shall reimburse the Superintendent fr all business-related travel, outside of Cherokee County athe sual per mile rate paid (0 other employees ofthe Board. The ‘amount reimbursed tothe Super stendent for utof eouny travel shall not exseed Five Thousand Dollars (85,000) per year, without the Board's approval », Professional Organizations. The Superintendent shall (except in emergencies) llend and participate in all required and appropriate optional meetings and progiams of the Site Board of Eaueaton, the tate Superintencent of Public Insrution, nd the Sate Deparment of Public Istustion. The Superintendent is encourged 10 become a member of approprinte local, sat, and. national professional organizations. In addition, the Board of Education agrees to pay ue Superintendents ‘membership fees inthe North Carolina Association of School Administrators, the American Assocation of School Administrators, one lal civie club, and any ater organizations later approved by the Boar. In addition, the Superintendent may attend local or satewide meetings held by NCASA and AASA at Board expense. The Superintendent may atend the national meetings of these organizations at Board ‘expense with prior Board approsal. Expense forall oer professional development meetings or seminars tended by the Superiiendon must ist be approved by the Board of Education or paid by the Superintendent herset. The Superintendent shall ile ilemized expense statements wilh the School Finance Officer of the Board forreimbursement of such expenses in seeord with Board policy «. Miscellaneous. The Boa shall provide the Superintendent with acellular telephone, laptop computer, and other similar ekectronic devices, such as iPad and Chromebook, to be used in the performance of her dates as Superintendent ‘The Board will reimbuse the Superintendent for other reasonable expenses incurred in the discharge f her duties. Page 2 of 66. Vacation, Holidays, Sick Leave and Health Benefits The Superintendent shall accrue and use annual leave days and sick leave days in accordance ith stat aw and State Board pic. b. The Superintendent shall rscive the same Hf, dental and health insurance coverage, and retirement benefits, grand to othe professional employees ofthe Board by the Board, the State Board of| Education, and te State of North Carolina, 7. Medical Examination and Information and Disa hy 4. Medical Examination. During every year of this Agrosment, the Supeiniendemt agrees to undergo a complete medical examination by a licensed physician, and (o provide the Board with a Statement from the physician eert’yng tothe physical competency ofthe Superintendent to fulfill her duies and responsibilities. This information shal be Weated as confidential by the Boer The Board sal pay the reasonable expense of such medical examinations. In the event of serous iness or disability, the Superiniendent upon request by the Board, shall furnish additional written medical records tothe Board and these shall be treated as confidential personnel information, Disability. Should the Superintendent be unable o perform any of al of her dates by reason of ines, accident, physical or mental incapacity, or ether cause beyond her control and should said sabiliy exist fora period of moce than sixty (60) dys, excluding that period of time which the Superintendent vould have been entitle to tke lave as provided herein sick lave o vacation leave, of both, ori said disability is permanent, ireparable, oof such nature a, inthe discretion of the Board, will materially impair the performance of her doties, te Board may, atts option, and subject to spplicable provisions of state and federal law regarding handicapping. conditions and sable, ‘erminate this agreement whereupon he respective duties rights, and obligation heeot shall terminate, 8. Goals, Objectives, and Annual Evaluation 2. Annually, during the tem of this Agreement, the Board and Superintendent shall mest to establish the Superintendent's goals and objectives for the ensving shoo! years). The Board may also develop upto two separate, districtwide performance “stretch goals” forthe Supeintendet. Sai goals and objectives shall be reduced in writing and shall be among the ertria which the Superintendent is cvaluaied a proved horn Prior to the Board's aanual evaluation, the Superintendent shall prepare a report of her accomplishments in meeting the gsals and objectives a provided herein, The Board shall consider report asa part of is evaluations aud the report shall accompany the evaluation inthe Superintendent's ‘personne ile. In August ofeach year. the Board will meet in closed session wih the Superintendent, ot oon thereafe, forthe purposes of evaluating the Superintendents job performance and providing the Superintendent with an opportunity 9 comment on and discuss Superintendent and Board relations with {he Board. The evaluation shall be summarized in writing and delivered to the Superintendent within thirty 0) days after its completion «Following the Superintendents evaluation, the Board may by spevifie action and with the consent ofthe Superintendent exten! the termination date ofthis contact tothe este’ permitied by state Jaw. Annually, directly after the Board has completed the Superintendent's evaluation, the Board shall review her salary in light ofthe changes in the cst of living and inflation and my determine whether oF not to inerease the salary forthe folowing year. The annual salary ofthe Supeiniendemt may be austed or increased by amendment for any subsequent (issal year during the tenn of this Contract. Inno even, however, shall the salary adjustment reduce the anaval salary Below tha ofthe preceding scl year Page 3 0F 6unless agreed to by the paties in wring. Any adjustments to the annual salary for subsequent years ducing the term ofthis Conract shal be in writing and shall be in the form ofan amendment oF addendum to this Comat 4. Informally, the Board shall provide the Superintendent periodic opportunites to discuss the Superintendent and Board relationship, 9. Consulting and Outside Employment ‘The dates and responsibilities ofthe Superintendent require fulsne employment and frequerily tequie thatthe Superinenfent attend to her dies during the evenings, weekends and holidays. The Superintendent shall not accept any outside employment that in any manner interferes with the terformance of ce dots uit) sespurnbilides am Superintendent of the Cherokee Coun “School ‘Administrative Unit The Board recognizes tat certain ouside employment may have a beneficial impact ‘on the Supecntenden' professional growth oF may aot inerere withthe Superintendents performance of her duties and eespoasibilides. The Suporintendent may accept a limited amount of euside employment fon week nights, veckends, holidays, and on vacaion days, provided thatthe Board has approved the ulside employment and found that the outside employment in no. manner trferes with the Superintendents performance of her duties and responsible. The Superintendent shall make a writen report tothe Board no later than June 1, ofeach yea fisting all ouside employment she has performed ducing the preeding twelve montis. 10, Confit of taterst Prohibited ‘The Superintendent seknowledges that she has read and understands the conflict of interest statues ofthe State of North Carolina and agrees to comply with the sached statues and any other sal, Federal or local laws, rules, and regulations, Board policies and State Board policies relating conflicts ‘of inert, bribes, kickback, gifts and favors 1, Discipline and Termination of Employment 4. Dismissal and Discipline for Cause. The Board may discharge the Superinenden during the {erm ofthis contract for cause as provided by law, including the reasons Sot forth ia NCGS, § 115C-274 (Gneluding any subsequently enacted amendments hereto) and N.C.G.S. §118C-325(¢(I). Ifa member oF the Board has cause to believe that grounds exist for the Superintendents discharge, sid member may present othe Board a sintement seting forth sueh grounds, Upon receipt of a report from the Superintendent of Public Insirction (as provided for in NC.GS. § 115C-274, the Board may, atts ‘option, appoint legal couns! 1 investigate the alleged grounds fr dismissal and make a recommendation {0 the Board as to whether aheacing shouldbe held to determine whether grounds for dismissal ex. ‘The Board shall not arbiealy or capriciouly call for the Superintendents diemisal and the Superintendent shall have ine right t writen charges, nti of hearing and a fair hearing before the Board. Ihe Board has evidenee af or hat recived a moet fram the State Sipernterden of exidence of | charges whic, if true, would constitute a ause for dismissal hereunder, the Board sal ae wenty (20) ays prior written notice tothe Superiniendem, hol a hearing a which the Superintendent shall have the right to be present and tote head, to be represented by’ counsel and to present though witnesses any testimony and evidence telesan othe charges. A transerit ofthe record and the proceedings before the Board shall be made availatle without charge othe Superintendent in the event an appeal is taken by the Superintendent from any action taken by the Board. The hearing shall be conducted during a closed session ofthe Board. If de Superintendent chooses to be sceompanied by legal counsel a the hearing before the Board, she will xy the cos of her legal expenses. If, by the preponderance ofthe evidence, the Board determines that grounds for dismissal do exist and are substantiated, the Bord may, by writen resolution order such dismisal and declare the office of the Superintendent vacant, Page 4 of 6In the even that the Superintendent does not wish to be heard regarding the charges aginst her, sine shall noi the Board at last ten (10) days prior to the hearing date of er decision and such noice Sal bein writing and contain the Superintendent notize of resignation under thet of cismissal Daring any pending investigation, the Board may suspend t reasonable period not o exceed ninety (90) days Soperinendnt. with pay, Fora If the Board determines that grounds exist for disciplining the Superintendent. short of ‘enminatio, the Board may suspend the Superintendent without pay for a reasonable pati of time, not to exceed ninety 0) days. Should the Board suspend the Superintendent without pay, th Superintendent shall have the right to a hearing asset forth in this subsection, 'b. Unitatral Termination by Superintendent. The Superintendent may, at any tne, eesign fom her positon, provided tat she provides the Board with a minimum of sity (60) days" notice of sic resignation «Unilateral Termination by the Board. The Board may, at is option and with ssty (60) days writen notice 1 the Superintendent, unilaterally terminate this Contract, In the event of sch termination, the Board shall pay the Superintendent, as severance all ofthe aggregate salary and beset set forth in Section 4, 54, ard 6b above, she would have eatned under this Agreement from the actual date of termination through June 30,3017 of any extension thereof The Superintendent will alo be pad for any «ented, but unusl, annual keve days. Ths subsection is subject to N.C.G.S.§ 115C-271 (a) Inthe event the Board decides to terminate this Contact pursuant to this provision, the right to a bearing before the Board, as specified above, andthe right fo appeal the Boars action pursuant to NICS, § 11SC-274 shall be considered waived by the Superintendent. 4. This Contract shall automatically terminate upon the untimely death ofthe Superintendent oF ‘upon the disability ofthe Superintendent pursuant to section 7b). 12, No Tenure “The Boart andthe Superintendent agre that this Contracts for employment fer a limited term, that this Contract is not a continuing contact, and that there i no express of implied agreement by the Board for emplorment of the Superintendent beyond the term set forth in this Contact. Should this contract expire without the Board affirmatively taking action to extend i the Superinendent shall no longer be employed by the Board. The Boacd and the Superintendent further agree tht the Superintendent isnot eligible to busin career status (tenure) and that thie Contact of employment does not require the Superintendent to perform the responsibilies of a “teacher” as defined by N.C.GS. §11SC-325 13, Amendment This Contact may be amended during its terms by mutual written agroement of the Board and the Superintendent. Any such amendment shall be in writing, approved by official ation ofthe Board, and executed in writing on bebalf ofthe Goard by ts Chairperson and exectted by the Superintendent 14. Governing Law This Contact shall be governed and constrved in accordance with the laws ofthe Site of North Carolina and is farther subject to any amendment, repeal or enactment of applicable provisions in the Noah Carolina General Staite Page Saf15, Multiple Originals This Contact has been executed in ve (5) original, two (2) of which have ben retained bythe Board, one (1) of which has been eained by tne Siperintendent, and va (2) of whic have been retained by th School Board Atorey. 16. Publi Record, Placement in Personnel File, and Filing wi Instruction ue State Superintendent of Public “The Boar and the Superintendent agree that his Contract is a publi record es defined by North Carolina law, tht this Contact shall be paced in the official personnel file of the Superintendent ‘ainiined by the Board, and that a duplicate original ofthis Contact shall be fled with the Site Superintendent of Publi Instuetion of North Carolina as required by North Carolina lw 17 Andemnity ‘The Boart agrees that it shall defend, hold harmless, and indemnify the Superintendent from any and all demands, claims, suits, ations, and legal poesedings brought against the Supriniendnt in her individual capaci, or in her official capacity as agen and employee ofthe Board, provided the incident tivng rise to any such demand, claim, suit action or legal preceeding arose while te Superintendent was acting within the scope of her employment. I action i Brought agaist the Superinterdent by the Board, the Superiaendest will bear the cost of her own defense. All liability coverage provided must be within the authority of the Board to provide understate and federal law. In no case will individual Board members be considered personaly liable for indemnifying the Superintendent aginst such demands, claims, suits, atians and legal proceedings. 18, Severability Ifa speciic word, phase, clause, sentence, paragraph, or any other part ofthis Contacts or is found tobe illegal or unenforceable under federal or state law, the remainder ofthe Contract shall remain in force. IN WITHESS WHEREOF, the Board has caused this Contacto be executed in is name by is [Chairperson and the Superintendent has executed this Contract by ber signature thereto ‘THE CHEROKEE COUNTY BOARD OF EDUCATI a, byzosrodl sens) Wanda Arrowbd, Cha Date Signed: __.5 Date Signed:_ 57> 29-/: re-Auait Cert: “This instrument hs boon pre-adited inthe manne required by the School Budget and Fiscal Control Act (GS.§ 115-44, SiawA Ad. 5265 Finahce OMficer Page 6 of 6