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    NC Supt. Comp 2016

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    NC Supt. Comp 2016

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    13 views22 pages

    Dare

    Uploaded by

    AmLensNews
    NC Supt. Comp 2016

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 22
    NORTH CAROLINA SIXTH AMENDMENT TO. THE ‘SUPERINTENDENT'S CONTRACT DARE COUNTY The contact between the DARE COUNTY BOARD OF EDUCATION (Qereinfter Board") and DR. SUE FISHER BURGESS (herenafer "Superintendent", dated May 16,2000, and frst amended by action ofthe Boards its meetings on July 28 and 26,2003, as confirmed in the First Amendment to the Superintendent's Contract executed on Desember 2, 2003; and second amended by action of the Board at ts meeting on July 23, 2005, as confimmed inthe Second Amendment to the Superintendents Contact executed on August 16, 2005; and third amended by action of the Board at its meeting on November 3, 2006, as confirmed inthe Third ‘Amendment to the Superitendeat’s Contract executed on November 7, 2006; and fourth amended by ation ofthe Board at its meeting on January 8, 2008, as confirmed inthe Fourth Amendment tothe Superintendent's Contact executed January 15, 2008; and fifth amended by action ofthe Board tis meeting on October 12, 2010, as confined inthe Fifth Amendment to the Superintendents Contact executed on October 27,2010; is hereby amended by action ofthe Board at its mecting on August 6, 2013, as follows: ‘A. By ewrting numbered paragraph | to extend the tem ofthe Superintendents contract to June 30; 2017. B. _Byrevising Section 3. effective July 1,2014, by deleting the second paragraph thereof a amended inthe Third Amendment o the Superintendents Contac, and by adding new language so that the second paragraph of Seaton 3. sal read as follows: ‘The Board may increase the Superintendent's slary by mutual consent or st anytime by action ofthe Board. Effective in fiscal year 2015, inthe even the Sate approves an increase in teacher salaries, the Superintendent’ aggregate ‘sana salary shall be increased by an identical percentage amount as provided by ‘the State increase, At no time shall the annual aggregate salary of the Superintendent be decreased during the term ofthis contract. C. By deleting Section 15, D. By adding a new Section 20 o read as fllows: 20. BENEFITS SHIFTING OPTION. ‘As an inducement to forego retirement or other options which may ‘become available to her, the Board will permit the Superintendent to select and {orego all or some of the benefits provided hetein and receive a salary amount equivalent 10 the direct cost of those benefits 1 the Board, in lieu of receiving those benefits. This conversion of benefits shall not be considered as part of her agategate salary for any other provision of this contract. IN TESTIMONY WHEREOF, the Dare County Board of Education has caused this Sith ‘Amendment to the Superintendent's Contract to be executed in its name by its Chairman, Ben Sproul, and Dr. Sue Fisher Burgess has hereunto set er hand and seal this 6° day of August, 2013. ‘OF EDUCATION NORTH CAROLINA DARE COUNTY FOURTH AMENDMENT TO THE SUPERI S. CT “The contract between the DARE COUNTY BOARD OF EDUCATION (hereinafter “Board*) and DR. SUE FISHER BURGESS (hereinafter "Superintendent", dated May 16, 2000, and first amended by action ofthe Board at its meetings on July 25 and 26, 2003, a confirmed in the First Amendment to the Superintendent's Contract executed on December 2, 2003; and second amended by action of the Bosrd at its meeting on July 23, 2005, as confirmed in the Second Amendment to the Superintendent's Contract executed on August 16, 2005; and third amended by action ofthe Board at its meeting on November 3, 2006, as confirmed in the Third ‘Amendment to the Superintendent's Contract executed on November 7, 2006; is hereby amended by action ofthe Board at its meeting on January 8, 2008, as follows: ‘A. By rewriting numbered paragraph 1 to extend the term of the Superintendents contract to June 30, 2011 IN TESTIMONY WHEREOF, the Dare County Board of Education has caused this Fourth Amendment to the Superintendent's Contract to be executed in its name by its Chairman, David Oaksmith Jt, and Dr. Sue Fisher Burgess has hereunto set her hand and seal thi S™*day of January, 2008, ‘SUPERINTENDENT DARE COUNTY BOARD OF EDUCATION David Oaksinth, sr, Chairman ATTEST: NORTH CAROLINA DARE COUNTY MENT TO THE SUPERINTENDENT'S CONTRACT ‘The contract between the DARE COUNTY BOARD OF EDUCATION (hereinater “Bourd") and DR. SUE FISHER BURGESS (hereinafter "Superinendent), dated May 16,2000, and first amended by action ofthe Board at its meetings on July 25 and 26, 2003, es confirmed in the First Amendment tothe Superintendent's Contract executed on December 2, 2003, and second amended by action of the Board tits meeting on July 23, 2005, as confirmed in the Second Amendment to the Superintendent's Contract executed on August 16, 2005, is hereby ‘amended by action ofthe Board at its meeting on Novernber 3,200, as follows: ‘A. By rewriting numbered paragraph | to extend the erm ofthe Superintendents contrat to June 30,2010. B. By revising Section 3.A. ofthe contact by deleting the second paragraph thereof and by adding new language so thatthe second paragraph of section 3.A. ofthe Contact shall read as follows: ‘The Board may increase the Superintendent's salary by mutual consent or a any time by action ofthe Board. Effective in fiscal yea 2008, inthe event the Siate approves an increase in the allounent for cental office salaries, the Supesintendeat’s aggregate annual salary shall be increased by an identical percentage amount as provided by the State increase, or by four percent (49), whichever may be greater. At no time shall the annual aggregae salary of the Superintendent be decreased during the tema of this contrat C. By liminating Section 3.B., Performance -Based Compensation D. By increasing the Superntendet’s monthly transportation allowance provided in Seetion 7 from Six Hundred Dollars ($600) per month to Eight Hundred Dollars ($800) per ‘month, effective at the start of fiscal year 2007. IN TESTIMONY WHEREOF, the Dare County Board of Education hae caused ‘Third Amendment to the Superintendent's Contract to be executed in its name by its Chairman, David Onksmith, J, and Dr. Sue Fisher Burgess has hereunto set ker hand and seal this 7 day on ‘SUPERINTENDENT DARE COUNTY BOARD OF EDUCATION Sra taage ean De. —_— sleet te Farrow, J, Vice-Chairman DEC 2 2 ous NORTH CAROLINA DARE COUNTY FIRST AMENDMENT 10 THE SUP! )ENT'S CONTRACT The contract between the DARE COUNTY BOARD OF EDUCATION (hereinafter “Board") and DR. SUE FISHER BURGESS (hereinafter "Superintendent"), dated May 16,2000, ishereby amended és provided by action of the Board at its meetings on July 25 and 26, 2003, as follows: ‘A. By rewriting numbered paragraph 1 to extend the term of the Superintendent's contract to June 30, 2007, B, By adding a new subparagraph 4.K,, to read as follows: 4K, ‘The Board shall reimburse the Superintendent forthe fll cost of her optical insurance. C. By adding a new subparagraph 4.L., to read as follows: 4L. The Board shall pay the full, current estimated enst buying back on July 1, 2009, the Superintendent's previously withdrawn ‘North Carolina retirement service eredit by setting aside one-seventh (V/7) ‘of the current estimated cost in fiscal year 2004, upon execution of the ‘contract amendment to add this provision, and an additional one-seventh (/Tyon July 1 of each year from 2004 through and including 2009, in ‘he ‘amount of $6,825.86 each year for those seven payments. If Dr. Burgess resigns from her employment, or if she is dismissed for eause prior to July 1, 2008, she will receive nothing. Regardless of whether Dr. Burgess chooses to buy back her retirement service credit at any time, she ‘remains employed as Dare County Schools’ superintendent, Dr. Burgess will receive the following amounts: If the Superintendent's contract dees not extend beyond June 30, 2007, Dr. Burgess will receive $42,126.63 on that date; ifthe Superintendent's contract is extended to, but not beyond, June 30, 2008, Dr. Burgess will receive $44,864.86 on that date; if che Superintendent's contact extends to or beyond June 30, 2009, Dr. Burgess. will receive $47,781 on June 30, 2009. In the event of Dr. Burgess” death ‘or disability resulting in her no longer being able to serve as Superintendent prior to June 30, 2007, she wil receive those amounts that hhad been set aside, up to the date of her death or the conclusion of ker service as Superintendent resulting fiom disability. In the event of Dr. Burgess’ death or dscbility resulting in her no longer being able to serve as Superintendent between July 1, 2007, and June 29, 2009, Dr. Burgess oF her estate will receive the amount to which she would have been cemtitled herein as if her contract terminated on the June 30* prior to her death or the conclusion of her service resulting from disability, Dr. Burgess will be resporsible for any tx consequences resulting to her from these payments. IN TESTIMONY WHEREOF, the Dare County Board of Education bas caused this First Amendment fo the Superintendent's Contract to be executed in itsname by its Chairman, David ‘Oaksmith, Jr., and Dr. Sue Fisher Burgess has hereunto set her hand and seal this 22 _day of Neceenher! __,2003. SUPERINTENDENT DARE COUNTY BOARD OF EDUCATION hettte Dunstan Pettey id Oaksmith, Jr, Chainnan ATTEST: NORTH CAROLINA ‘SUPERINTENDENT'S CONTRACT DARE COUNTY THIS AGREEMENT, mace and entered into this /2"*day of May, 2000, by and ‘ewetn the DARE COUNTY BOARD OF EDUCATION, heifer refered to as te "Boa and DR SUE FISHER BURGESS, hina refed oa "Supertendet' WHEREAS, he Boar desis to provide th Superintendent wt weten employment cont in otro shane dinisrtv sblty wd conniy within the shots which the Board lives generally improves the qsityf ts over evan! progam; and WHEREAS, he Board and Superintendent belive hat a rtenenpleymen conti necesary to debe special tr relionship and to seve asthe basis of efeve comunicaon between hem as thy ll heir governance and administrative fncons inthe cperuion ofthe edveaion progam of he schoos; ant NOW, THEREFORE, te Bord andthe Supsitndet, fo the consideration herein pected, pe a flows: TERM ‘The Boa in consdrtion of he promises ofthe Suprncndent herein conned hereby employs Dr. Sue Fisher Burges a Superintendent of School for a fouryear tem effective ly, 2000, an ending ane 30,200, unde ie ems and co sitions st forth herein. ‘The Board may by specific action and withthe consent of the Superintendent extend the termination date ofthis contract tothe extent permitted by state law, 2. PROFESSIONAL LICENSE AND RESPONSIBILITIES OF ‘SUPERINTENDENT. ‘A. LICENSE. The Superintendent shall fumish throughout the term of her employment as Superintendent 2 valid and sppropriate license to act as Stperintendent as prescribed by the laws ofthis state and by the regulations ofthe State Board of Béucation. B. DUTIES. The Superintendent shall have charge of the admitistation of the schools under the direction ofthe Board. She shall be the chief executive officer of the Board, shall serve as seeretary to the Board; shall direct and assign teachers and other employees ofthe schools under her supervision; shall organize, reorganize and arrange the administrative and supervisory staff, including instruction and business affair, as best serves the Dare County Public School System; shall select all personnel subject to the approval ofthe Board; shall eccept resignations for and on behalf ofthe Board; shal from time to time suggest regulitons, rules and procedures deemed necessary for the well ordering ofthe school district, and in general perform all duties incident wo the office of superintendent and such other duties as may te prescribed by Jaw or by the Board from time to time. The Board, individually and collectively, shall promptly refer allciticisms, complaints, and suggestions called to its attention tothe Superintendent for study and recommendation and shall reffan ftom individual interference with the administration ‘of school policies excep through Board action. 3. COMPENSATION A. AGGREGATE ANNUAL SALARY. ‘The aggregate annual salary paid the Superintendent from state and local firds shall be (ONE HUNDRED TEN THOUSAND AND NO/100 DOLLARS ($110,000.00) per year forthe ‘erm ofthis contract, and shal paid in equal monthly installments in accordance withthe rules of the Board governing payment of other professional employees ofthe school administrative uni. Daring the period ofthis agreement, the Superintendents aggregate annual ealry shall be increased by an amount equal to one half (1/2) ofthe performance-based bonus award for the previous year, as set forth in Section 3.B, of this Contract, The Board may increase the ‘Superintendents salary by mutual consent ora anytime by action of the Board. Inthe event the ‘State approves an increase in the allotment for central office salaries after the date of execution ofthis Contract, the Superintendent's aggregate annual salary shall be increased by an identical Pereentage amount as provided by the State increase, At no time shall the annual aggregate salary ofthe Superintendent be decreased during the term ofthis contract. B. _ PERFORMANCE-BASED COMPENSATION. In addition to the Superintendents aggregate annual salary provided in Section 3.A. sbove, she shall be eligible for performance-based compensation in an amount equal to six pereent (6%) of her aggregate annual selary during each year of this Contact. The Superintendent shall eam such performance-based compensation by reaching or exceeding specific goals to be agreed upon by the Board and Superintendent no later than September 15, 2000, and by no later than September 1 of each year thereafter, foreach fiscal year. The Board * and the Superintendent shall consult prior to establishing any such goals, which shall be reasonable, attainable, and challenging. The Board shall determine how such compensation shall be awarded at the time annual goals are established. To the extent practicable, depending upon the goals selected, the Board shall determine by June 30 of each year the goals that have been attained andthe amount of performance-based compensation tobe paid during thet fiscal year. 4. VACATION AND OTHER BENEFITS. ‘A. The Superintendent shall receive annual vacation and sick leave as provided by state law and North Carolina State Board of Education regulations. Annual leave and sick leave shall be taken in accordance with Board policy and State Board of Education regulations. Vacation and sick leeve may be carried forward as provided by law and Board policy, and payment for any accrued and unused vacation leave at the termination of this Contract shall be made in accordance with Board policy. In order to provide essential services to the Board which might not otherwise be provided, the Superintendent may not be able to use all of her eared vacation or compensatory time (as provided in Section 4F.) in a year and/or be unable to Schedule vacation at a desirable time. In consideration of such circumstances, the Board snnually on June 30 shall compensate the Superintendent in an amount equal to a maximum of {en (10) days of unused compensatory time, or vacation days accumulated beyond the state limit, ‘computed at 1/227 ofthe Superintendents aggregate annual salary. B. The Superintendent shall ecsive at least the same life and health insurance coverage, terminal pay and other personal benefits accorded to other professional employees of| the school administrative unit as provided by law. €. The Boar at the request of he Supeitendent and in accordance with state law, shall withold and transfer an amount of sslary antuelly or semi-annually or monthly, sid amount io be determined bythe Superintendent, fom fe Superintendents annual salary into any tax-defered annuity or etirement program chosen by the Superintendent, The Board shall atch the Superintendent's contribution to any sch tax favoredenmuty or eiement program, withthe Boar's mstching contibution being subject oan anal iit of four and thre quarters percent (4.75% ofthe Superintendents aggregate anual salar, or any leser ition imposed by la D. The Board sll pay the Superintenden's membership charges for membership in ‘upto five (5) professional organizations and three (3 civic, health ox wellness organizations of her choosing, and upon approval of the Board, for such other professional group memberships as the Superintendent fels are necessary to maintain and improve her profesional sill. The Superintendent shal epot to the Board the memberships that have been pai pursuant to this paragraph as part of the annual evaluation conference the Superintendent, E, Asa supplement tothe Suprintende's life insurance and othe similar death benefits provided by the Board ois employees, the Board shall pay the premiums, upto init of FIVE HUNDRED DOLLARS ($500.00) pe yer for a life insurance policy purchased bythe Superintendent F. The Board recognaes thatthe Superintendem does and wil commit tothe services ofthe Dare County School System many hours of additional time, above and beyond those necessary forthe completion of her dues, including time spent locally and ouside of Dare County Schools representing the Board, offen at aight and on weekends. AS additonal s compensation for these extra work hous, the Board shall permit the Superintendent to take ‘compensatory time off ftom her normal work schedule upto and including eighty (80) hours per year, Esch eight (8) hours of compensatory time shall constitute one (1) fll workday. Any such hhours of compensatory time which are not used during the yearn which they are eamed may not bbe accumulated or cartied over to the following fiscal year, nor shall they be carried over atthe termination of the Superintendent's employment, G. The Board shall reimburse the Superintendent for her employee-paid portion of the annual contribution to the Teachers’ and State Employees’ Retirement System, Further, at such future time when the Superintendent may became eligible to buy addtional years of retirement for her previous state service, the Board will provide assistance or othervise participate inthe purchase of such yeas of service, or any portion thereof. HAs a supplement to the Superintendents medical and dental insurance, the Board will pay such additonal amount as may be necessary to cover 100% ofall medical and dental insurance premiums under the policy for employees, forthe Superintendent and her spouse, so Jong as they may be eligible for coverage under the usual medical and dental insurance polices available to dependents of Board employees, or provide similar coverage by other mutually satisfactory arrangements, 1. The Superintendent may utilize any "cafeteria benefits plan” approved by the Board, as permitted under 26 US.C. §125, or any successor plan or statue to the fullest extent allowed by law or the plan, to receive any ofthe benefits provided in this contract. 5. The Board shal provide the Superintendent with acellular of digital telephone, a pager, « home fax machine, ofie and home intemet aces, laptop computer, and other electonic deve for effesive modem communication. The Superintendent shall be reimbursed forthe cos of school business calls made on the cellular or digital phone, All maintenance and other monty or recuring charges forthe electonic equipment provided pursuant to this aragroph shal be atthe expense ofthe Boar, ad al sch xuipment shal remain the property ofthe Board 5. PROFESSIONAL GROWTH OF SUPERINTENDENT. ‘The Board expects the Superintendent to continue her profesional development and cnpects her to participate in relevant leaning experiences, The Supeintendent may sttend appropriate profesional mesigs atthe local, ste, and national levels. The expenses of sid attendance wile pai from the current operating funds of te Dare County Schoo System. The Superintendent stall be ened to receive prepayment for expenses a he established pe dem rates ofthe Dare County Board of Edvcation for all ave. Ifthe Superintendents expenses cod the Board approved er diem rates, the Superintendent sll Se itemized reuests for reimbursement of scual expenses in exces of Board approved per diem withthe Chainman of the Board for hs approval of, in is absence, the Vice-Chairman. Other expenses fr sich tems 2 lodging, regsvaton and tranporation may be prepaid directly toa billing agency. The Chairman ofthe Board shall make a repr ofall such expenses a pr ofthe annual evaluation conference ofthe Superintendent. 6 EXPENSES. ‘The Board shall reimburse the Superintendent for reasonable expenses incured by the Superintendent on behalf of the Board. The Board recognizes thatthe Superintendent shal incur such expenses from time to time as the Board's representative in the pursuit of educational excellence, private financing, grants and for other reasons. The Superintendent shall file itemized expense statements with the Chairman of the Board for reimbursement of these ‘expenses, The Chaizman shall have authority to approve suc reimbursements, The Chaliman shall report such reimbursements as he has zpproved tothe members of the Beard anaually 2s part ofthe annual evaluation of the Superintendent. In the absence ofthe Chairman, the ection, authority and responsibilities of the Chairman set forth inthis paragraph may be caried out by the Vice-Chairman, 7. ‘TRANSPORTATION. ‘The Board shall provide for the Superintendent's transportation required in the performance of her official duties by paying her for her transportation expenses the amount of | SDX HUNDRED DOLLARS ($600.00) per month for transportation expenses within Dare County. The Board shall reimburse the Superintendent for ou-of-county travel inher personal vehicle at the same rates as provided forall employees. In lieu of reimbursement for out-of county travel, the Superintendent may use a Board-owned vehicle for such outof.county travel 8 PROFESSIONAL LIABILITY. ‘The Board agrees that it shall defend, hold harmless, and indemnify the Superintendent fiom any and all demands, claims, suits, actions and legal proceedings brought against the & Superintendent in her ndvidual capacity, or in er oficial expat ae agent and employee ofthe Board, provided the incident giving rise to any such demand, claim, sui, action or legal proceoding arose while the Superintendent was acting within the scope of her eployment, and provided further, that sch abil coverage is within the authority ofthe Board o provide under state lew. The Board shall provide indemnity for libilty as st forth above forall claims made and occurences thoughout the tern ofthis contact and any extension thereof, Inno cose will individual Board members be considers! personally lble for indemnifying the Superintendent aginst such demands, ims, sits, actions an legal proceedings. The Board shal not, however, be required to provide for or py the costs of any legal proceedings in the event the Board andthe Superintendent are adverse pate. 8, MEDICAL EXAMINATION AND DISABILITY. A. MEDICAL EXAMINATION, The Superintendent hereby agres to have & thorough medial examinaon once ech year at the Board's expense. A statement fom & licensed physician cetiying tothe physical compteney of the Superintendent to fil he duties and responsibilities shall be fied with the Chsimman of the Board and treated as confidential information by the Board. In the event filles, the Superintendent, upon request by the Boud, shall furnish addins writen medial records tothe Board and thse shall be treated as confidential informatic B, _DISABILITY. Should the Superintendent be unable to perform any or all of her ‘duties by reason of ines, accident or other cause beyond his contol, and should sad disability exist fora period of more than one hundred twenty (120) days beyond that period of time which s the Superintendent would have been entitled to take as sick leave or vacation or both o if sid

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