AMENDED CONTRACT OF SUPERINTENDENT
This Contract is entered into on February 28, 2006 and amended on July 17, 2007 by and between the Board of Education of the Olentangy Local School District, hereinafter called “Board,” and Scott Davis, hereinafter called “Superintendent,” who upon the following considerations, hereby agree as follows:
The Board hereby employs the Superintendent, and the Superintendent hereby accepts employment as Superintendent of Schools, a full-time, 12-month position, for a term of three years and four months, commencing on May 1, 2006 and ending July 31, 2009.
2. PROFESSIONAL CERTIFICATION AND RESPONSIBILITIES
The Superintendent shall hold and maintain throughout the term(s) of this Agreement a valid Superintendent’s certificate or license issued by the State of Ohio.
The Superintendent shall be the Executive Officer for the Board in accordance with and subject to R.C. 3319.01 and shall have, under the direction of the Board, general supervision and management of all of the public schools and all the personnel of the school system. The Superintendent shall perform those duties set forth in the laws of the State of Ohio, the rules and policies of the Ohio Department of Education, and the policies of the Board, reserving, however, those legal powers specifically vested in the Superintendent by law. In furtherance and not in limitation of the authority granted by the written policy of the Board or the laws of the State of Ohio, the Superintendent shall direct and assign teachers and other employees of the schools under his supervision, shall assign pupils to grade levels and buildings, shall recommend all certificated personnel and supervisors for initial employment, shall select and promote other employees subject to the approval of the Board, and shall make recommendations with respect to the re-employment, nonre-employment, layoff, and termination of existing employees, administrators and supervisors, shall from time to time suggest regulations, rules and procedures deemed necessary for the well being of the school district and, in general, shall perform all duties incident to the office of Superintendent and such other duties as may be prescribed by the Board from time to time consistent with the Superintendent’s position. In performing these duties on behalf of the Board, the Superintendent shall have the authority to consult with legal counsel or other professional advisors as may be reasonably necessary, subject to any limitations imposed by the Board.
3. PROFESSIONAL GROWTH
The Board shall pay for the reasonable and necessary fees, tuition, travel, meal and lodging expenses incurred by the Superintendent in obtaining further education or training needed to meet continuing education requirements for his Superintendent’s certificate or license renewal. In addition, subject to limitation by the Board in its sole discretion, the Superintendent may attend appropriate professional meetings at the local, state and national level and the reasonable expenses of such meetings as so attended shall be paid by the Board within the limits of its policies and regulations and Ohio law.
A. The Superintendent shall be paid a salary at the annual rate of One Hundred and Fifty Three Thousand Three Hundred Seventy-Five Dollars ($153,375) (the “base salary”). The Board may increase the Superintendent’s salary but may not decrease the Superintendent’s salary unless it is part of a uniform plan of reduction.
B. The Superintendent also shall be eligible for an annual bonus as provided in subparagraphs (B) (1-4) below. Such bonus(es) shall be considered salary for other purposes, such as federal, state and municipal tax laws and the State Teachers Retirement System of Ohio.
1. The Superintendent’s performance in the 2006-07 school year warrants payment of the at-risk compensation in August, 2007 (the second full contract year) of the $22,500 bonus that was paid to him in the first full contract year, increased by 2.25% to $23,006. In addition, the Superintendent’s Board-paid annuity to be paid in August, 2007 shall be increased from 6% to 11% of the Superintendent’s STRS-calculated earnings during the first full contract year (2006-07).
2. The Superintendent shall be entitled, in August, 2008 as payment of the at-risk compensation for performance in the 2007-08 school year, to $23,006 increased by any across-the-board percentage raise given to non-bargaining unit employees of the Board that is effective with the beginning of the 2008-09 school year.
3. It is the intention of the Board to create a process by which the Superintendent would be paid a portion of his compensation based on performance, beginning with the 2008-09 contract year. The Superintendent will consult and collaborate with the Board in the creation of this process. The goal is to have a process in place by July 31, 2008.
4. If the Superintendent separates from employment or ceases to be Superintendent, he or his beneficiary as designated in writing shall be paid the at-risk compensation based on performance in that school year that would be paid following that school year except that the amount of compensation shall be prorated for the portion of the contract year in which he served as Superintendent.
5. OTHER COMPENSATION AND BENEFITS
In addition to the salary provided herein, the Board shall:
A. Pay the annual premium for term life insurance on the Superintendent’s life with total coverage in the amount of Three Hundred Thousand Dollars ($300,000);
B. The Board will pay the Superintendent supplemental compensation of $475 per month. It is the intention of the parties that the supplemental compensation be included in the Superintendent’s total compensation for retirement purposes. The Superintendent shall not be paid any allowance for use of his own vehicle within the District or Franklin County within;
C. Pay reasonable expenses, including mileage at a rate provided for other administrators, for travel outside Delaware County and Franklin County, Ohio, consistent with Board policies and regulations and the laws of Ohio;
D. Provide medical, dental and other group health insurance, and sick leave as provided to and on the same terms on which it is provided to twelve (12)-month administrators generally, and continue such insurance at full cost to the Board when the Superintendent is on an unpaid leave of absence, including the Unpaid Leave of Absence under paragraph 5(Q) below, expressly excluding, however, all months during which the Superintendent is receiving disability retirement benefits from STRS.
E. Grant twenty-five (25) days of vacation for each year of this Contract (August 1-July 31), and all of such days due in a contract year shall be credited to the Superintendent, deemed earned and available for usage on the first day thereof. Unused vacation days shall be carried over, not to exceed a total of forty (40) days to the Superintendent’s credit, including unused days from the preceding contract year, except that the Superintendent may elect to sell up to fifteen (15) unused vacation days back to the Board. If Superintendent elects at any time to sell back any portion of such unused vacation, it shall be at his per diem salary. Sell back of unused vacation is at the sole discretion of the Superintendent within the parameters of this paragraph.
F. Provide paid holidays as provided for 12-month administrative employees;
G. Grant three unrestricted paid personal leave days per contract year which shall not accumulate from year to year;
H. Upon service retirement with STRS, the Superintendent is entitled to severance pay in accordance with Board policy applicable generally to twelve (12)-month administrators.
I. Annually at the end of each year of this Contract, with August 1, 2006 through July 31, 2007 being considered the first year, the Board shall pay for a tax-sheltered annuity policy for the benefit of the Superintendent in an amount equal to eleven percent (11%) of the Superintendent’s STRS-calculated earnings during the prior school year, or the Superintendent may elect to take a lump sum payment for an investment of his choosing. If the annuity option is chosen, the Board shall purchase the annuity policy designated by the Superintendent. The policy shall be the property of the Superintendent, both before, during, and after his separation from employment. It is the intention of the parties that the amounts paid for such tax-sheltered annuity be included in the Superintendent’s compensation for retirement purposes;
J. The Board shall pick up and pay the Superintendent’s share of mandatory STRS contributions in addition to the Board’s share of such contributions, with the computation of this pick-up to be made so as to reflect the highest final average salary (that is, the Board will also pick up and pay all employee and Board STRS contributions with respect to the aforesaid pick-up of the Superintendent’s share of mandatory contributions, also known as pick-up on the pick-up);
K. The Board shall pick up and pay the complete cost of the Superintendent’s Medicare tax (currently 1.45%) and the “pick up” on such amount, in addition to the Board paying the complete cost of its employer Medicare tax;
L. The Board also shall provide any such other or further benefits which the Board now provides, or hereinafter provides, generally to all regularly appointed twelve (12)-month administrative employees of the Board.
M. The Board recognizes that it will be in the best interest of the District for the Superintendent to belong to professional organizations and be active in civic organizations within the District. Therefore, during the term of this agreement the Board shall pay for memberships in up to three professional organizations, two of which shall be the American Association of School Administrators and the Buckeye Association of School Administrators, and up to three civic organizations selected by the Superintendent.
N. The Board recognizes that at times the Superintendent will have need to communicate with family members during the course of performing his duties. Therefore, the Board authorizes the Superintendent reasonable use of the District cell phone for necessary communications with family members.
O. Contemporaneous with the Superintendent filing an application with the State Teachers Retirement System of Ohio for disability retirement, the Superintendent shall notify the Board President and Treasurer of the same in writing. Within seven (7) calendar days the Treasurer shall convert all of the Superintendent’s accrued and unused sick leave, accrued and unused vacation leave, and unused personal leave to a lump sum cash payment based on the Superintendent’s per diem rate and pay said amount to him immediately, subject to appropriate income tax deductions (the “payment for accrued leave”). The payment for accrued leave shall extinguish all personal leave, accrued and unused sick leave, and accrued and unused vacation leave to the Superintendent’s credit on school district records. Immediately after such days are extinguished, the sick leave balance of the Superintendent shall be the total number of accrued and unused sick leave days he had to his credit immediately before the payment for accrued leave, minus the number of sick leave days cashed out, and the vacation leave balance of the Superintendent shall be the total number of accrued and unused vacation leave days he had to his credit immediately before the payment for accrued leave, minus the number of vacation leave days cashed out. Upon written notice from the Superintendent that he has filed an application for disability retirement, the Treasurer also shall calculate the pro rata amount for that contract year to which he is entitled as at-risk compensation and annuity payments and pay such amounts to the Superintendent on the next pay day.
P. If the Superintendent becomes a disability retirant under the State Teachers Retirement System of Ohio, as of the beginning of the following month he may no longer enroll himself and his family in the Board’s group health insurance but he must enroll himself and his family in a health insurance benefits plan of STRS. While the Superintendent receives disability retirement benefits from STRS, the Superintendent and his family may continue their participation in the Board’s dental and vision insurance coverage or shall participate in such coverage through STRS, whichever is more cost effective for the Board as determined by the Treasurer, the Board to bear the full premium cost until the Superintendent ceases to receive disability retirement benefits or for fifty-four (54) months, whichever occurs first. The Board of Education shall reimburse him monthly for the cost charged to him by STRS for participation by him and his family in STRS insurance coverage (that is, the “premium” amount charged to the Superintendent for the coverage for himself and his family, not the co-pays, deductibles or other out-of-pocket expenses). Such reimbursement shall continue until the Superintendent ceases to receive disability retirement benefits or for fifty-four (54) months, whichever occurs first. In the case of death of the Superintendent during such leave of absence, the Board of Education shall pay the premium amount for his surviving spouse to continue the family insurance coverages as specified above if she chooses to continue any such insurance, for twelve (12) months, the remainder of such fifty-four (54) month period, or until she becomes eligible for health insurance coverage through employment or source other than STRS with that employer or source paying at least fifty percent (50%) of the premium cost, whichever occurs first.
Q. It is in the Board’s interest, if the Superintendent begins a long-term leave of absence or disability retirement with STRS, to employ a superintendent for a definite term of years. The parties acknowledge that pursuant to Section 3307.64 of the Ohio Revised Code the Superintendent, if he takes a disability retirement with STRS “shall be considered on [a] leave of absence during the first five (5) years following the effective date of a disability benefit” and that if during those five years the STRS certifies to the Board of Education that the Superintendent is “no longer physically and mentally incapable of resuming service that is the same or similar to that from which the [Superintendent] was found disabled,” the Board “by the first day of the next succeeding year shall restore the [Superintendent] to the [Superintendent’s] previous position and salary.”
1. Upon the Treasurer issuing the payment for accrued leave pursuant to paragraph 5(O) above, the Superintendent shall be deemed to be on an unpaid leave of absence (the “Unpaid Leave of Absence”).
2. For the consideration contained in this contract, including but not limited to the consideration set forth in this paragraph 5(Q) of this contract, the Superintendent expressly, knowingly and voluntarily waives and relinquishes any and all rights to reinstatement or to return to a position of active employment with the Board once his Unpaid Leave of Absence begins and for the entire duration of such leave, whether pursuant to Sections 3307.64 or 3319.13 of the Ohio Revised Code or otherwise. The Superintendent agrees and acknowledges that he will not seek reinstatement to a position with the Board during or after his Unpaid Leave of Absence and that after he is a disability retirant for sixty (60) months he will be deemed separated from the District. This waiver of any and all rights to reinstatement or to return to a position from the Unpaid Leave of Absence does not preclude the Superintendent from applying for a vacancy with the Board if he no longer is receiving disability retirement benefits. The Superintendent agrees and acknowledges that he has had the opportunity to obtain advice from legal counsel of his choosing before agreeing to this waiver.
3. It is the parties’ mutual agreement and understanding that the Board may treat the superintendency as vacant upon the Superintendent’s commencement of the Unpaid Leave of Absence. In consideration of such waiver, the Board shall pay the Superintendent supplemental disability income of Five Thousand Dollars ($5,000) per month while he is receiving STRS disability retirement benefits but not to exceed fifty-four (54) months. In the case of death of the Superintendent before said fifty-four (54) months are completed, the Board shall make such monthly payments to his surviving spouse for twelve (12) months or through said fifty-fourth (54th) month, whichever occurs first.
R. If the Superintendent is on the Unpaid Leave of Absence, the Board shall pay for the cost, if any, of maintaining the life insurance coverage provided in Section 5(A) above, whether continuing under a group plan or as conversion coverage until his unpaid leave ceases or for fifty-four (54) months, whichever occurs first. If there is a refund of premium after the Superintendent is on disability retirement for a period of time, the Board is entitled to the full amount of the refund.
S. When this Agreement uses the term “per diem salary,” that term means all of the Superintendent’s STRS-calculated earnings for the most recent full contract year including any bonus payments made in that contract year, divided by two hundred and twenty-one (221) days (calculated from a 260-day paid work year minus 25 vacation days, 3 personal days and 11 paid holidays).
T. Whenever this Agreement gives the Superintendent the right to make an election or take an option, his means of doing so will be written notice authorized by him to the Treasurer and President of the Board.
U. If the current spouse of the Superintendent ceases to be his spouse (through death or otherwise) prior to the expiration of the period of time set forth in this Contract for survivor benefits (both insurance and any money payments), all such benefits shall continue for the same period of time to the children of the Superintendent (or their guardian).
The Superintendent must maintain his primary place of residence within Olentangy Local School District,
7. PROFESSIONAL LIABILITY
A. The Board will provide professional liability insurance coverage protecting the Superintendent from liability from claims, suits, actions and legal proceedings brought against the Superintendent in his official capacity and as an agent or employee of the School District and while acting within the scope and course of said employment. The minimum amount of such coverage shall be $1 million per occurrence. This paragraph shall not be construed to require the purchase of additional insurance if a general school district liability policy already is in effect having at least the above minimum coverage.
B. The Board further will defend, indemnify, and hold harmless the Superintendent from any and all demands, claims, suits, actions and legal proceedings brought against the Superintendent in his individual or official capacity as agent and employee of the School District, arising from acts or omissions occurring while the Superintendent was acting within the scope and course of his employment. The Board may defend the Superintendent from criminal charges against him if such charges are based on conduct occurring in the scope of employment and in the good-faith belief that the conduct was lawful and in the best interests of the School District. The above provisions shall not be construed so as to provide personal liability for an individual member of the Board to defend or indemnify the Superintendent against such demands, claims, suits, actions and legal proceedings.
Evaluation by the Board of the Superintendent’s performance of his duties as Superintendent shall be conducted annually in accordance with Ohio Revised Code Section 3319.01 and any amendments or successor provisions thereto.
9. DAYS TO BE WORKED
This contract is for a two hundred and sixty (260) day work year, inclusive of paid holidays, personal leave, sick leave, and vacation leave taken in accordance with this Contract. The Superintendent shall devote such time and energies as are necessary to perform the duties specified during normal business hours, but it is expressly agreed that the duties of this position will require the Superintendent to work during times other than normal business hours.
10. ANNUAL MEDICAL EXAMINATION
The Board agrees to pay the reasonable and necessary costs for a complete annual medical examination of the Superintendent by a physician of his choice, with the first such examination occurring in calendar year 2006 (and available once each calendar year thereafter). A statement certifying to the physical competency of the Superintendent from the physician shall be provided to the then-Board President.
11. SAVINGS CLAUSE
If any portion of this Contract is ruled to be illegal due to conflict with state or federal law, the remainder of the Contract shall remain in full force and effect for the full duration thereof.
The construction and operation of this Contract shall be in accordance with the laws of the State of Ohio and shall not be modified except by written consent of the parties hereto.
WHEREFORE, the parties have indicated their agreement to the above terms by affixing their signatures below. Approval of this Contract is found in the minutes of the public meeting of the Board of Education held on the 17th day of July, 2007.
July 17, 2007
OLENTANGY LOCAL SCHOOL
DISTRICT BOARD OF EDUCATION
July 17, 2007