NORTH CAROLINA DAVIDSON COUNTY DAVIDSON COUNTY BOARD OF EDUCATION: ‘SUPERINTENDENT'S CONTRACT ‘THIS SUPERINTENDENT'S CONTRACT (the “Contract”), made the 2. day of December, 2013, by and between the Davidson County Board of Education (the "Board”) and Lory D. Morrow (Morrow). WITNESSETH: ‘The Board has determined that Morrow possesses the credentials, educational prerequisites, and experience requirements as provided for superintendents pursuant to Chapter ISC of the North Carolina General Statutes and as the State Board of Education has prescribed and has elected Morrow tothe postion of Superintendent; and. ‘Morrow desires to accept the Board’ election to the position of Superintendent; and the parties have agreed to execute this contract as provided by N.C. Gen. Stat. §115C-271. NOW, THEREFORE, in consideration of the promises and the mutual covenants contained herein, the parties hereto agree as follows: 1. TERM OF EMPLOYMENT: The Board hereby employs Morrow and she hereby agrees to fulfil the duties and responsibilities of Superintendent of the Davidson County School Administrative Unit (the “System”) fora four (4) year term commencing January 1, 2014, and continuing to Devember 31, 2017, subject to the conditions of this Contract. Extension or renewal ofthe Contract shall be undertaken only by resolution of the Board and pursuant to N.C. Gen, Stat. §115C-271. 2. DUTIES AND RESPONSIBILITIES: Morrow, during the term of her employment as Superintendent set forth in Paragraph 1 above, shall perform all those duties prescribed by the Board, the State Board of Education, and the laws and statutes of the State of "North Carolina fora supesintendent, including performance of the duties and exercise of the powers prescribed for a superintendent by Chapter 115C of the North Carolina General Statutes and, more particularly, N.C. Gen. Stat. §115C-276. In addition, but without limiting the’ responsibilities of the partes, the Board and Morrow further acknowledge and agree that Morrow shall on an anual basis furnish evidence that she ‘continues to possess the minimum credentials, educational prerequisites, and experience ‘requirements as the State Board of Education shall prescribe, 3. COMPENSATION: Marow, during the term of her appointment as Superintendent, shall be paid according tothe State Salary Schedule for Superintendents adopted by the North Carolina State Boar of Education. In addition to the salary paid the Superintendent from state funds, the Board agrees to supplement the Superintendent'ssalary from local funds 1o an amount sufficient to constitute an aggregate annual base salary of One-hundred sicty-five thousand and no/100 dollars ($165,000.00) paid out of state and local funds (“aggregate annual base salary"). The aggregate annual base salary shall be disbursed in twelve (12) equal monthly payments for services rendered during the preceding month. ‘The Board and Morrow may mutually agree to modify the aggregate annual base salary of the Superintendent during the term of the Contract, and such base salary shall only be ‘modified upon such mutval agreement. Any modification in the aggregate annual base salary made during the team of the Contract shall be inthe form ofa written modification signed by both parties. Any such modification of this Paragraph 3 shall not be deemed to constitute a new contract nor to extend the termination date ofthe Contract. ‘Morrow shall receive an annual longevity peyment as approved by the State in an amount ‘Which is the same percentage of the local supplement or bonus that the State pays on the Portion of the salary paid from State funds. In the event of any increase in the State- ‘approved salary schedule for teachers or administrators, any such increase automatically shall increase the Superintendent's aggregate annual base salary inthe same proportion as the greater of any such increase, ‘Morrow shall receive paid vacation days in accordance with the state allowance, Morrow shall be entitled to payment for any unused vacation days. Morrow shall be entitled to the use of a Board-owned vehicle to be maintained and {nsured by the Board, the purpose of which is to provide transportation to end from work and work-related endeavors, both in and out of county, including generally the cost of fuel for such vehicle for these stated purposes. HEALTH AND DENTAL INSURANCE COVERAGE: The Board shall pay any applicable premiums for Morrow and her spouse to receive health and dental insurance coverage as provided under the plan for state public school employees, as that plan may be offered and amended ty the state from time to time. PROFESSIONAL GROWTH: The Superintendent should be a member of appropriate professional organizations, such as the American Association of School Administrators, the North Carolina Association of School Administrators, Association of Supervision and Curriculum Development, Total Quality Management Associations, and others as deemed ‘appropriate, and should attend the meetings, seminars, clinics, and workshops of such ‘organizations. The Superintendent's attendance costs, reasonable expenses, registration ‘fees, and credentials for attendance at professional functions shall be reimbursed to her ‘fom current operating funds of the Board. Morrow will provide an accounting of professional growth as part of her annual evaluation. The Board will budget and pay up to $2,500 annually for professional association dues and coursework for professional growth. Any additional costs associated with such necessary dues or coursework shall be ‘mutually agreed upon by Morrow and the Board10. nL. PROFESSIONAL LIABILITY: The Board agrees that it shall Jefend and indemnity the Superintendent ffom any and all demands, claims, suits, actions, and legal proceedings brought agnnst the Superintendent in her individual or official capacity, provided the incident giving rise to any such demand, claim, suit, ection or legal proceeding and arose while the Superintendent was acting within the soope and course of hae employment and provision of such liability coverage is within the authority of the board under North Carolina law. In no event will individual Board members be considered personally liable for indemaifjing the Superintendent aginst such demands, claims, suits, ations, or legal proceedings. MEDICAL EXAMINATION: Morrow agrees to submit to a complete end annual ‘medical examination pursuant to N.C. Gen. Stat. §115C-323, the cost of said examination pid by the board not to exceed $200.00 to the extent that such exam is not covered by insurance provided hereunder. Said examination and all related medical reports shall be treated as confidential medical records and shall be returned to Morrow atthe termination of the Contract. RESIDENCE: Pursuant to N.C. Gen. Stat. §115C-272, during the term ofthis Contract the Superintendent shall maintain her residence within Davidson Ccunty, North Carolina. MOVING EXPENSES: The Board will reimburse Morrow's moving expenses for relocation to Davidson County upon presentation ofan invoice(s) for such expenses in an amount not fo exceed Ten thousand and no/100 dollars ($10,000.00), such invoicing to be presented and reimbursed within twelve (12) months of Morrow's inital employment ‘under this Contract. CONSULTING AND OUTSIDE EMPLOYMENT: The duties and responsibilities of | the Superintendent require full-time employment and frequently require the Superintendent to attend to her duties outside regular business hours. Accordingly, the superintendent shall not accept any outside employment to be performed during the term ‘of the Contract without obtaining prior Board approval. As used herein, “outside employment® shall be understood to include, but is not limited to, service on boards or committees and all writing, consultative work, teaching, and speaking engagements ‘undertaken in conjunction with membership in professional organizations, except church and local community service organizations. Morrow agrees to comply with the laws and statutes of North Carolina and with Board policy regarding conflicts of interest. la no event will the Board be required to reimburse any expenses incurred by the ‘Superintendent in the performance of outside employment. CIVIC ORGANIZATIONS: The Board will provide membership expenses for the ‘Superintendent in order to be a member of one (1) civie club within Davidson County in ‘an amount nt to exceed $400.00 per year.2. B. 4 DISABILITY: Should Morrow be unable to perform any or all of her duties by reason ofiliness, accident, or other cause beyond her control and should sai disability exist for a period of more than three months beyond that period of time which Morrow would have been entitled to take as sick leave and vacation leave, or if said disability is permanent, irreparable, or of such nature as to make the satisfactory performance of her duties impossible, and if Morrow is eligible for permanent disability, the Board may, at its ‘option, terminate this contract whereupon the respective duties, rights and obligations hereof shall terminate. DISCHARGE: The Board may discharge the Superintendent for eause during the term of the Contract. Causes for removal shall include but not be limited to those enumerated in N.C. Gen, Stat. §115C-274 (including any subsequently enacted amendments thereto) and any of the grounds forthe dismissal or demotion. If a member ofthe Board has cause to believe that grounds exist for Morrow's discharge, ssid member may present to the Board a statement setting forth such grounds. Upon receipt of a report of the ‘Superintendent of Public instruction (as provided for in N.C. Gen. Stat. §115C-274) or a statement from a member of the Board (as provided for above), the Board may, at its ‘option, appoint legal counsel to investigate the alleged grounds for dismissal and make a recommendation to the Eoard as to whether a hearing should be held to determine if grounds for discharge ex Prior to any decision by the Board to discharge the Superintendent for cause, the Superintendent shall have the right to a writen statement of the alleged grounds for sischarge and ten (10) days’ written notice of the time and place of a hearing before the Board. ‘The Superintendent shall have the right to be present at the hearing, to be represented by counsel, t present evidence in her own behalf, and to cross-examine adverse witnesses. It shall be grounds for objection by the Superintendent thet a Board ‘member should be recused from the hearing because he/she presented or participated in presenting to the Board a statement setting forth alleged grounds for discharge. The hhearing shall be conducted in closed session and in accordance with N.C, Gen, Stat. {§115C-325, as applicable. Ifthe Board determines by a preponderance of the evidence that grounds for discharge exist and are substantiated, the Boerd may by written resolution order such discharge and declare the office vacant. Ifthe superintendent elects to be represented or accompanied by legal counsel at any hearing before the Hoard, she shall assume the cost of her legal expenses. In the event the ‘Superintendent undertakes an appeal from any Board action, a transcript of the record of the proceedings before the Board shall be made available without charge to the ‘Superintendent. Discharge for cause pursuant to this provision shall terminate all rights ‘and responsibilities of Morrow as Superintendent. APPROVAL BY STATE SUPERINTENDENT AND STATE BOARD OF EDUCATION: The sppcintment of Morrow as Superintendent is subject tothe approval Of the State Superintendent of Public Instruction and the State Board of Education,Is. 16. 7, pursuant to N.C. Gen, Sta. §115C-271. If the appointment of Morrow as Superintendent isnot approved, this Contact is null and void. ADMINISTRATIVE AUTHORITY: Morrow will have complete freedom to organize, reorganize, and arrange the administrative and supervisory staf, including instruction and ‘business affairs in the manner or fashion which in her judgment best serves the Davidson ‘County Public School System. The responsibility for election, placement and transfer of personnel shall be vested in Morrow subject ro approval by the Board. The Board, individually and collecively, will refer to the Superintendent for study and recommendation all criticisms, complaints and suggestions called to its attention, slong, ‘with the names and identies of those persons making the report. Morrow shall have the authority to contract for professional services including professional staff development and instructional services, administrative and consulting services SUSPENSION: At the time the Board receives a report from the Superintendent of Public Instruction ora staxement ffom a member ofthe board pursuant to N.C. Gen. Stat. {115-274 and/or as otherwise provided hereinabove, the Board may in its discretion determine that immediate suspension of the Supeintendeat is necessary, and the Board ‘may suspend the Superintendent with or without pay fora reasonable time, not to exceed ninety (60) days. Before suspending the Superintendent, the board shall give the ‘Superintendent written nice of the suspension, said notice to include an explanation of the basis forthe Boards decison to institute her suspension. If the suspension isto be without pay, the Board shall schedule a hearing before the Board, as provided in Paragraph 13 herein, within fifteen (15) days of commencement ofthe suspension. itis finally determined that 10 grounds for discharge exist, Morrow shall be reinstated immediately and, ifthe suspension wes without pay, Morow shall be paid for the period ‘ofthe suspension. During the period of suspension, the Board may, pursuant to N.C. Gen, Stat. §115C-275, ‘appoint another person to serve as acting or interim superintendent, with all the powers and duties prescribed for « superintendent by N.C. Gen. Stat. §115C-276, UNILATERAL TERMINATION BY THE BOARD/TERMINATION BY SUPERINTENDENT: he Board may, atts option and with ninety (0) days” written notice tothe Supeintenéet, unilaterally terminate this Contac. In the event of such termination, the Board sall pay the Superintendent, at severance pay the aggregate anual base salary payable pursuant to Paragraph 3 herein and the equivalent value ofall other benefits unde this Coniact forthe period beginning withthe effective date ofthe termination and continirg tothe termination date set fr in the Contac. The Boar shal pay sai severance ray in equal monthly payments. Inthe event the Superintendent ‘obtains other employment prior othe termination date ofthe contrac, said severance pay shall be reduced by the anount ofthe salary or other monetary compensation recsived bY the Superintendent fom her subsequent employer. In the event the Board decides to terminate the Contract pusant to this provision, the right toa hesrng before the Boar,18. 19. 21 23, as specified in Paragraph 13 herein, and the right to appeal the Boars action pursuant to N.C. Gen, Stat §115C-274 shall be considered waived by the Superintendent. ‘Superintendent shal give ninety (90) days’ written notice tothe chairperson of the Board to unilaterally terminate this Contract. GOALS AND OBJECTIVES: During the term of the Contract, te Board and Morow shall meet on or before September Ist of each year to establish and agree upon the Superintendent's goals and objectives for the upcoming school year. Said goals and ‘objectives shal be reduced to writing, established by resolution of te Board, and shall be mong the criteria by which Morrow is evaluated pursuant to Paragsaph 19 herein. EVALUATION: During the term of her appointment as Superintendent, the Board shall provide Morrow annually with one informal formative and one written summative evaluation of Morrow's performance of her duties as Superintendent including a review of annual expenses and compensation by # method and pursuan! to a schedule to be determined by the Board after consultation with the Superintendent. A confidential, ‘writen record of each evaluation shall be maintained in the files of he Board. CAPTIONS: The captions of this contract are for convenience and reference only and in ‘no way define, describe, extend or limit the scope and intent of this contractor the intent ‘of any provision hereof, PARTIAL INVALIDITY: The invalidity of one or more phrases, sentences, clauses, sections or paragraphs contained in this contract shall not affect the remaining portions, so long asthe material purposes of this contract can be determined and effectuate. ‘TRANSFER OF BENEFITS: The Board will enable the Superictendent to select from ‘among those benefits provided herein (other than those mandated by State law or regulation) and to transfer the costs of those benefits, to be received by her instead as additional aggregate annual base salary compensation in lieu of those enumerated benefits, effective on or after January 1, 2014. AMENDMENT: This contract may be amended during its term by the mutual written consent of the Board and the Superintendent. Any such amendment shall be in writing and approved by official action of the Board and accepted in writing by the Chairman of the Board and the Superintendent.IN WITNESS WHEREOF, the Board has caused the Contract to be executed on its behalf by its Chairperson, and Morrow has approved the Contract by affixing her signature, as of the date first above written, a. D. Morrow DAVIDSON COUNTY BOARD OF EDUCATION sv CY p-—— ‘Carol Crouse, mn