RECEIVED may 16 zon EMPLOYMENT AGREEMENT This Agreement, dated May 11, 2011, between the Davie County Board of Education (hereinafter “the Board”), aschool administrative unit located in Davie County, North Carolina, and Dr, Darrin Hartness (hereinafter “the Superintendent), a citizen and resident of North Carolina. \WITNESSETH: WHEREAS, the Board has offered to employ Dr. Martness as Superintendent of Schools in the Davie County Administrative Unit pursuant fo action found in the minutes of the meeting of Board held on May 11,2011; and WHEREAS, Dr. Hartnesshas accepted the Board’ offer onthe terms and conditions set forth below; NOW, THEREFORE, in consideration of the premises and the mutual agreements ‘undertaken as set forth herein, the parties hereby agree as follows: 1. Employment. tt ishereby agreed by and between the Board and the Superintendent thatthe said Board in accordance with its action as found inthe Minutes of the meeting held on the 11" day of May, 2011, as and does contract to employ the said Superintendent for the period as eseribed below commencing on July 1, 2011 in the capacity of Superintendent for the public schools, 2. Termof Employment, Subject tothe provisions of termination hereinafter provided, the term ofthis Agreement shall begin July 1,201 and terminate on June 30,2015, This Agreement ‘may be extended as provided by law forthe time permitted by law.3. Compensation (@)__Inconsideration ofthe following compensation, the Superintendent agrees to perform faithfully the duties of Superintendent as required by law and Board policy, The annual salary ofthe Superintendems, from al sources, including State and local funds, shall ‘bea otal of One Hundred Fifty Thousand Dollars ($150,000.00). The Superintendent shall also be eligible forthe average annual increase awarded to State employees by the North Carolina General Assembly cach scl year. (®) The aggregate annual salary pdt the Superintendent shall be paid qual ‘monthly installments in accordance withthe rules ofthe Board governing payment ofall ‘employees ofthe school administrative unit. The Board may increase the Superintendent’ salary by mutual consent at any ime; however, at no time may the annul aggregate salary of ‘the Superintendent be decreased during the term of this contract. (©) The Superintendent will eecive medical insurance coverage and other benefits as accorded to other profesional (izensed) employees of the schol administrative unit in compliance with State law, and he will lo be provided wih family coverage for medical insurance (® Annuity Convibuions. Addvonlly, the Board, atthe request of the ‘Superintendent and in accordance with State law, shall withhold an transfer an amount of salary anually, semi-annually or monthly as designated by the Superintendent from the Superintendents anual salary into any tax-favored annuity or reiement program chosen by the Superintendent,(€) Retirement Fund. The Board agrees to contibute to the portion of the Superintendent's designated contribution to his State Retirement Fund each year not 19 exceed $5000.00 each fiscal year on the express condition that: (The Superintendent is actively employed for a fll fiscal year beginning July 1 though June 30; and (ii) The Superintendentremains actively employed on July I following the ‘completion ofthe fl fiscal year ‘The frst year eligible fr this benefit will be 2011-12, assuming Dr. Harness starts workon July 1 of 2011. The contributionteimbursement will be made on July 1,2012 as long as Dr. Harness is actively employed at that date, Each successive year wil follow on the same schedule. 4. ‘Transportation and Communication Devices, The Board expects the Superintendent 'o be present in schools throughout Davie County and accords him an allowance of Five Hundred Dollars a month ($500.00) to cover the i-county travel expenses. For out-of-county travel the ‘Board shall reimburse the Superintendent atthe same ratesas provided forall employees. The Board shall provide the Superintendent witha monthly allowance of $100.00 tobe used to provide him with a suitable communi jon device capable of telephone and other communications. 5. Yacation and Leave, The Superintendent shall receive annual vacation and sick leave in accord with State law and North Carolina State Board of Education regulations. The Board recognizes that Dr. Hartness will commit to the services of DCS many hours of additional time sbove and beyond those necessary to complete his duties, including ime spent outside of Davie County representing the District. Many of Dr. Hartness's duties require work at nights and weekends. ‘Therefore, the Board agrees to allow the Superintendent to receive a per diem cash payment for up to five (5) unused days of unused leave for each full year Harness serves asSuperintendent. This benefit may nt be prorated inthe event thatthe Superintendent serves less than a fl yer. 6 Medieal Examination. The Superintendent does hereby agree to have comprehensive medical examination once each year and to provide a statement certifying to his ysical and mental competeney. This statement shall be treated as confidential information by the Board, andthe cost of sid medical reportand examination shall be bome bythe Board 7. Inability to Perform Duties. Should the Superintendent be unable to perform any or all of his duties by reason of illness, accident, or other cause, and sai disability or inability to perform such dues exists beyond the pont where all vacation time or sick leave shall have been ‘used, the Board may ints sole discretion, make proportionate deduction from the salary stipulated, and if such disability contin for more than six (6) months, o if said disability is permanent, ireparable,or of such anature as to make performance ofthe Superintendents dates impossible the Board, at its option, may terminate this Agreement. n such event, the respective duis rights, and cbligations ofeach party shall terminate 8. Professional Membershin and Ouside Employment (@) The Board encourages the continuing professional growth of the ‘Superintendent through his participation in and attendance of meeting, programs and other actives conducted or sponsored by local, State, and national school administrator and schoo! board associations, seminar offered by educational institutions and meetings of the Sute Superintendent, State Department of Publis Instruction and other persons whose particular skills, knowledge or infomation woud improve the capacity ofthe Superintendent toperform his duties for the school system, The Superintendent shall obiin membership in various loca, state, and national professional associations and attend appropriate profesionalmeetings in connection therewith atthe Board's expense in ade to futher and enhance his profesional knowledge and duties tothe extent thatthe appropriation in the budget is sulicent o cover the expense. The Superintendent shall ile with the Finance Officer an itemized expense statement in regard to these activities. The Board shall permita reasonable amount of release time for the Superintendent to atend such activites and the ‘Superintendent will notify the Board Chairman in advance when be anticipates being away from the County to attend professional growth activites. (©) The Superintendent acknowledges that he has read and understands the confit ofinterestsatutes ofthe State of North Carlin and agres that he wl comply with the laws ofthe State of North Carolina and any Board of Education policies relating to conflicts of interes. (©) While the Superintendent shall devote his ime, attention and energy tothe important business ofthe school system, he may serve as a censltant to other school systems cor edational agencies, lecture, and engage in writing activities which donot interere with his ability to carry out his duties and responsibiites as Superintendent provided that he ‘ceive prior writen approval ofthe Chanperson and provide writen notice tothe Boar. IF ‘he Superintendent performs ouside activities thatare ouside ofthe course nd scope of his ‘employment as Superintendent for Davie County, he shall take personal lave forthe time he {is not performing outside duties and the Board shall not b: responsible for any expenses ‘elated thereto, Any honoraris earned while the Superintendent is on personal leave may be retained by him. Inno event shall the total amount of time taken per year for annual leave exceed the Site allotted annual leave time9. ties. The Superintendent shall ave al of the general respons ilies prescribed by "North Carolina law and Board policy. He serves sex officio secretary tothe board of education and his ties include, among others, the authority to accept resignations to organize the employees of the system and to make assignments of di shall at all times of the employees ofthe system. He smainaina valid and appropriate enifcae wo act as Superintendent as prescribed bythe laws ofthe State of North Carolina and bythe regulations of the State Board of Education. 10, Evaluation and Communication. The performance ofthe Superintendent shall be subject to formal evaluation annually to be conducted no later than October 1 ofeach yearby the Board. Atcach annual evaluation the Superintendent will have made reasonable ropes toward the achievement ofthe short and long ange goals and objectives as jolly extablishedy the Board and the Superintendent. 11, Termination (2) The Board shall be ened to terminate the Superintendent for cause as rovided by the laws ofthe State of North Carolina, Inthe event tha the Board seeks 19 Aismis the Superintendent for cause, the Superintendent shal be entitled tthe protections ‘provided by law including the right to receive writen notice of charges, netic of hearing, ‘and a fair hearing before the Board prior'o being so discharged. At any such hear before he Board, the Superintendent shall have the right 1 be present and to be heard to be represented by counsel of his own choosing (at his expense), and to present, through witnesses, any testimony relevant the issues. A tansoiptof the record ofthe proceedings before the Board shall be made available, without charge, tothe Superintendent inthe event ‘that an appeal is taken by the Superintendent from any action taken by the Board. IftheSuperintendent chooses to engage the services of egal counsel to represent him in any such mater, be shall pay ll he cost thereof. (©) In addition to and separate ffom the Board's right to terminate the Superintendent for cause, the Board reserves the right to unilaterally terminate the Superintendent providing it gives no less than 90 days notice ofits intent to terminate Inthe event that the Board terminates the Agreement with the Siperinendent, the Superintendent shall be entitled to receive as severance pay the salary be would have eamed under this «employment contac rom the atual date of termination e the termination date stout inthe contract or any extension thereof. Ineonsderation ofthe severance pay, the Superintendent hereby waives and foregoes a hearing onthe issue oftemination and any ater claim to benefits he may have had under this contact. The severace pay shall be paid by the Board in monthly installments nt to exceed the term ofthis Coatrac; provided, however, that in the event the Superintendent is employed by another emplhyer prior othe termination date of this contact, the severance pay shall be reduced by the salary received by the Superintendent from that employer. 12. Professional Liability, The Board agrees that it shall defend, hold harmless, and ‘indemnify the Superintendent from any and all demands, claims, suits, actions and legal proceedings ‘brought against the Superintendent in is individual capacity orinbis official capacity as agent and ‘employee ofthe Board, provided the incident giving rise to any such demand, claim, suit action or legal proceeding arose while the Superintendent was acting within the scope and course of his ‘employment, and provided futher, that such liability coverage is within the authority of Board to provide under North Carolina law. The Board shall provide indemnity from lability as set forth above forall claims made and occurrences throughout the term of this contract and any extensionsthereof. Inno case wil individval Board members be considered personaly lable fornderanifying the Superintendent against such demands claims, suits, setions and legal proceedings. The Board shall not, however, be required o provide fr, or pay, the ost of ny legal proceedings inthe event the Board and the Superintendent are adverse parts. 13, Saving Clause. If, duving the term of this Agreement itis found hata specifi clause ofthe Agreement illegal under Fedral or State Law, the remainder ofthe Agreement na affected by such a ruling shall main in free. 14, Amendment, This Agreement may be amended during its term by mutual written consent ofthe Board and the Superintendent. Any sich amendment shall be in writing, approved by oficial action ofthe Board, and acepted in writing by the Chairman and te Superintendent, 15, Eufilment. The Superintendent shall fulfil as aspects of this Agreement, any exception thereto being by mutual written consent ofthe Board and Superintendent. Failure o fulfill ‘the obligations agreed to in this Agreement shall be sufficient and just cause for discharge ofthe Superintendent 2 Date his | May of 2011 DAVIEROUNTY BOARD OF NDUCATION By: Its: in Harness, Superintendent ‘This instrument hasbeen preauited inthe manner required by the School Budget and Fiscal Control Act. pa: sf Lr py eben he drm ItsADDENDUM TO EMPLOYMENT CONTRACT Itis hereby agreed by and between the DAVIE COUNTY BOARD OF EDUCATION. located in Davie County. North Carolina (hereinafter called “the Board"), and DARRIN HARTNESS, (hereinafter called "Hartness") to amend Hartness °s Employment Contract with the Board {ereinafer called "ihe Contract” by action taken in the neeting ofthe Board of Education on November 20,2014. The Contract, which is incorporated herein by reference, is amended as follows ‘The compensation provision in Section 3a, is amended to increase the Superintendent's salary to $5160,200.00 per year effective July 1, 2014 sstion 4 ‘The Superintendent shall receive the sum of $750.00 per month for avel and related expenses associated with his duties as superintendent, effective July 1, 2014 Al other items und conditions contained in the Contract remain in fll free and effect roughout the tenn specified above, This, the 20th day of November, 2014, Altes DarriPfartness (Seal)ADDENDUM TO EMPLOYMENT CONTRACT tis hereby agreed by and between the DAVIE COUNTY BOARD OF EDUCATION, located in Davie County, North Carolina (hereinafter called “the Board”), and DARRIN HARTNESS. ‘(hereinalter called "Hartness") to amend Hartness 's Employment Contract with the Board {(heteinafer called “the Contract") by action taken in the meeting of the Board of Education on. January 7,2014. The Contract, which is incorporated herein by reference, is amended as follows: ‘The term or employment provided in Section ofthe Employment Contract dated May 11, 2011 is hereby extended through June 30,2017. All other items and conditions contained in the Contract remain in full force and effect throughout the term specified above. Qn Darrin Hartness (Seal) This,the dl dayof_Senvery 2014. Auest ‘The Davie Sst of Plucaton: B BO ‘Chad Faller, ChairmanADDENDUM TO EMPLOYMENT CONTRACT Itis hereby agreed by and between the DAVIE COUNTY BOARD OF EDUCATION, located in Davie County, North Carolina (hereinafter called “the Board”), and DARRIN HARTNESS, (hereinafter called “Hartness" to amend Hartness's Employment Contract with the Board (hereinafter called “the Contract") by action taken inthe meeting of the Board of Education on November 3, 2015. The Contract, which s incorporated herein by reference, is amended as follows: ‘The term or employment provided in Secton 2 ofthe Employment Contract dated May 11, 2011 is hereby extended through June 30,2019. Dr. Hartness is also accorded a 5% salary increase, retroactive to July 1, 2015. All other items and conditions coatained inthe Contract remsin a full force and effect throughout the term specified above. This he Yayo Nite 2018. Attest Darrin Harness (Seal) ‘The Davig Coytty Byled By ‘Chad Fuller, Chairman’