43399.

SUPERINTENDENTS CONTRACT CONESTOGA VALLEY SCHOOL DISTRICT

ARTICLE I - AGREEMENT This agreement is made and entered effective the 1st day of July, 2009, by and between the onestoga !alley "chool #istrict $the %"chool #istrict&' and (erald (. )ues*en $the %"u+erintendent&'. ARTICLE II - PREAMBLE ,)-.-/", the 0oard of "chool #irectors of the onestoga !alley "chool #istrict, at a meeting of the 0oard duly and +ro+erly called, did a++oint (erald (. )ues*en to the office of "u+erintendent in accordance with the +rovisions of "ections 102, 1101, 1031 and 1033 of the 4ublic "chool ode of 19495 and ,)-.-/", the +arties have agreed u+on certain terms and conditions of em+loyment and desire to reduce said terms and conditions to writing. 67, T)-.-87.-, the +arties intending to be legally bound and in consideration of the mutual covenants herein contained do hereby agree to the following9 ARTICLE III - TERM OF AGREEMENT The "chool #istrict does hereby em+loy (erald (. )ues*en in the ca+acity of "u+erintendent for a term of five $1' years, commencing on July 1, 2009 and ending on June 30, 2014. ARTICLE IV - NATURE AND TERMS OF AGREEMENT LEGAL QUALIFICATIONS The "u+erintendent ac*nowledges that he +ossesses all the re:uired :ualifications to serve as "u+erintendent of the "chool #istrict. The "u+erintendent agrees to maintain throughout the term of this contract, a valid and current commission as re:uired by state law and +resent the same to the 0oard. )e further agrees to subscribe to and ta*e the oath of office before entering u+on his duties. EVALUATION / regular annual evaluation of +erformance shall be conducted by the 0oard of #irectors. The evaluation shall be conducted in a +rivate session limited to the 0oard of "chool #irectors and the "u+erintendent. /n evaluation instrument mutually develo+ed and agreed u+on by both +arties shall be utili;ed.

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ADMINISTRATION OF SCHOOLS The administration of school +olicy, the o+eration and management of schools and the direction of em+loyees shall be through the "u+erintendent, who agrees to serve as hief /dministrator of the "chool #istrict and as -=ecutive 7fficer of the 0oard. The "u+erintendent agrees to +erform the duties of su+erintendency in a com+etent and +rofessional manner in accordance with the laws of the ommonwealth of 4ennsylvania, the +olicies of the "chool #istrict and the +rovisions of this contract. a. The "u+erintendent shall furnish recommendations to the "chool 0oard on all matters having to do with the selection, a++ointment, transfer, +romotion, reduction or termination of district +ersonnel. The administration of +olicy, the o+eration and management of all schools, and the direction of em+loyees of the "chool #istrict shall be through the "u+erintendent. riticisms, com+laints and suggestions called to the attention of the "chool #istrict shall be referred to the "u+erintendent for study, dis+osition and recommendation.

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ARTICLE V - COMPENSATION AND BENEFITS COMPENSATION The "chool #istrict agrees to +ay and the "u+erintendent agrees to acce+t as a minimum salary for each year during the term of this contract an annual salary to be determined based on the annual salary during the school year of July 1, 2002 through June 30, 2009, +lus any salary increase earned by the "u+erintendent during that year +ursuant to the terms of the "u+erintendent>s +rior contract. ?nless the "u+erintendent +erformance is rated as unsatisfactory, his annual salary shall be increased for the following school year as follows9 The increase in the ne=t school year@s salary shall be based on the +ercentage change in the onsumer 4rice Ande= between the months of /+ril from the +rior school year and /+ril of the current school year, with a minimum increase of 2.0B and a ma=imum increase of 3.1B. The +ercentage change in the onsumer 4rice Ande= shall be based u+on the 4hiladel+hia /rea onsumer 4rice Ande= as +ublished by the ?.". #e+artment of Cabor, 0ureau of Cabor "tatistics for all ?rban onsumers. /dDustments within the range will be made for each one tenth of one +ercent increase in the 4A<?, 4hiladel+hia area. 8or e=am+le, assuming the "u+erintendent receives a satisfactory evaluation covering the first year of this agreement $2009<2010', then for the second year of this agreement $2010<2011' his initial salary shall be increased by the +ercentage increase in the 4A<? for the 4hiladel+hia area between /+ril 2009 and /+ril 2010, with a minimum increase of 2.0B and a ma=imum increase of 3.1B.

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Af the "u+erintendent receives a commendable evaluation by the 0oard of "chool #irectors, an additional 1.0B shall be added to the increase in the ne=t school year@s salary. Af this a++lies, the ne=t year salary shall be increased by the +ercentage increase in the 4A<?, subDect to the minimum and ma=imum, +lus 1.0B. Af the "u+erintendent receives an e=cellent evaluation by the 0oard of "chool #irectors, an additional 2.0B shall be added to the increase in the ne=t school year@s salary. Af this a++lies, the ne=t year salary shall be increased by the +ercentage increase in the 4A<?, subDect to the minimum and ma=imum, +lus 2.0B. BENEFITS The "chool #istrict agrees to +rovide the "u+erintendent the following benefits during the terms of this agreement9 VACATION The "u+erintendent shall be entitled to and receive twenty< five $21' annual vacation days, which shall not accrue. The "u+erintendent shall also be entitled to the holidays established in the calendar for the school year. An addition, at the outset of each school year covered by this /greement, the "u+erintendent may elect to convert u+ to 1 days from his +reviously established vacation ban* to a contribution to an A." E 413$b' 4lan established by the "chool #istrict, based on a +er diem value of 1F2G0 th of the "u+erintendent@s salary established for that year $the "u+erintendent may ma*e additional contributions to the E 413$b' 4lan, utili;ing salary or other +ayments he is entitled to receive under this /greement, to the e=tent +ermitted by law and the 4lan'. "ic* leave shall be twelve $12' days +er year. The unused sic* leave days will be accumulated from year to year. The "u+erintendent may be eligible to receive severance +ay for unused sic* leave days u+on retirement or in the event of non<renewal of his em+loyment, as set forth below.

SICK LEAVE

COURSE REIMBURSEMENT "ubDect to a++roval by the 0oard of "chool #irectors, the "u+erintendent may continue his +rofessional develo+ment through the attendance at colleges and universities of his choice, and shall be reimbursed for such tuition costs and other necessary costs $te=tboo*s, laboratory fees, etc.' u+ to H3,000 +er year.

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INSURANCE BENEFITS The "u+erintendent shall receive insurance benefits as follows9 a. b. (rou+ Term Cife Ansurance in the amount of double the "u+erintendent@s salary. (rou+ )ealth are, #ental and !ision coverage, based on the collective bargaining agreement with the onestoga !alley -ducation /ssociation, /++endi= . / su++lemental insurance +ool allowance of H1,210, which may be used by the "u+erintendent and his family for uninsured medical, dental, vision andFor +rescri+tion e=+enses $including the cost of an annual com+rehensive medical e=amination'. Ancome 4rotection in the event of +rolonged illness or inDury that is not covered by wor*ers com+ensation, with salary continuation at 1F2 +ay for a +eriod of u+ to two $2' years, starting at e=+iration of sic* leave. -ligibility for this benefit shall be based on the collective bargaining agreement with the onestoga !alley -ducation /ssociation, /++endi= . om+rehensive Ciability and -rrors and 7missions Ciability Ansurance, in an amount not less than the coverage in e=istence at the time of a++roval of this agreement.

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MEETINGS, CONVENTIONS AND CONFERENCES The duties of the "u+erintendent re:uire his attendance at meetings, conventions and conferences of +rofessional organi;ations in order that he can maintain awareness of current +roblems and information. The "chool #istrict will reimburse the "u+erintendent for all reasonable costs of attending such meetings, conventions and conferences. PROFESSIONAL ASSOCIATION MEMBERSHIPS The "chool #istrict shall +rovide the "u+erintendent annual membershi+ in the following +rofessional organi;ations9

/merican /ssociation of "chool /dministrators 4ennsylvania /ssociation of "chool /dministrators

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/ssociation of "u+ervision and urriculum #evelo+ment 4aradise .otary lub

RETIREMENT BONUSES To be eligible for any of the retirement bonuses identified below, the "u+erintendent must meet the following re:uirements9

The "u+erintendent@s em+loyment with the "chool #istrict terminates for reason other than termination for cause under "chool ode E 1020. The "u+erintendent must retire with 30 years of service or with su+erannuation $non +enalty' as defined by the 4ennsylvania "chool -m+loyees .etirement "ystem $4"-."'. The "u+erintendent must give written notice of retirement to the "chool #istrict no later than Iarch 1 of the year of retirement, and the retirement must be effective June 30 of the year of retirement. The notice of intent to retire and June 30 retirement date shall not be re:uired if the "u+erintendent is entitled to, and acce+ts, disability retirement under 4"-.".

/ssuming the "u+erintendent meets all the foregoing re:uirements, he shall be entitled to the following retirement benefits if he meets these additional re:uirements9 a. b. Af the "u+erintendent retires u+on the com+letion of this contract, he will receive a retirement bonus of H10,000. Af due to medical disability the "u+erintendent retires before the end of this contract, he will receive a retirement bonus of H10,000. ?+on retirement, whether that occurs within or at the com+letion of this contract, or u+on non<renewal of this contract, the "u+erintendent will receive the +er diem +ayment for accumulated sic* leave as outlined in the "chool #istrict>s retirement +ac*age for /ct 93 administrators. An addition to +ost<retirement healthcare insurance available to the "u+erintendent $as identified in the "chool #istrict@s retirement +ac*age for /ct 93 administrators', the "chool #istrict will +ay u+ to H3,000 +er year toward the insurance cost for a s+ouse who has been on the "chool <1<

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#istrict@s healthcare +lan for at least a year +rior to retirement, through the end of the month in which the s+ouse reaches eligibility for alternative health care. MILEAGE REIMBURSEMENT The "chool #istrict shall reimburse the "u+erintendent for the use of his +ersonal vehicle on "chool #istrict business, at the rate a++roved from time to time by the "chool 0oard for mileage reimbursement. OTHER BENEFITS The "u+erintendent shall be entitled to at least the same benefits that are +rovided to other administrative em+loyees. An addition, nothing contained in this agreement shall +reclude the "chool #istrict from +roviding additional benefits to the "u+erintendent as agreed between the "u+erintendent and the 0oard. ARTICLE VI WAIVER OF LEAVE OF ABSENCE FOR PROFESSIONAL DEVELOPMENT The "u+erintendent agrees to waive any right during the term of this agreement $including any e=tension of this contract' to ta*e a leave of absence for +rofessional +ur+oses +ursuant to "ection 11GG of the 4ennsylvania 4ublic "chool ode. The "u+erintendent does not, however, waive any right to a sabbatical leave for restoration of health +ursuant to "ection 11GG of the 4ennsylvania 4ublic "chool ode.

ARTICLE VII - REAPPOINTMENT AND/OR TERMINATION OF CONTRACT The "chool #istrict and the "u+erintendent hereby agree that the following +rovisions shall be a++licable for the term of this agreement or any e=tension or renewal of the agreement. a. The "u+erintendent shall, throughout the term of this agreement be subDect to termination of contract for valid and Dust cause for reasons s+ecified under "ection 1020 of the 4ublic "chool ode. )owever, the "chool #istrict shall not arbitrarily and ca+riciously call for the dismissal, and shall first +rovide the "u+erintendent with written charges, ade:uate notice of a hearing, a fair and im+artial hearing, all elements of due +rocess re:uired by law and the right of a++eal to a court of com+etent Durisdiction. The 0oard of "chool #irectors shall ta*e a +ublic vote, no later than 9 months before the e=+iration of this contract, on whether to notify the "u+erintendent that the "chool 0oard intends to retain him for another term of from three to five years. "hould the "chool #istrict fail to ta*e such action, the "u+erintendent shall <G<

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be re<a++ointed for a term not less than the length of the e=+iring term and subDect to the terms and conditions of that agreement. ARTICLE VIII - OBLIGATIONS This agreement shall be binding u+on both +arties, their successors or assigns. A6 ,AT6-"" ,)-.-78 and intending to be legally bound thereby, the +arties have caused this agreement to be duly e=ecuted and effective the day and year first above written.

0oard "ecretary

0oard 4resident

,itness

"u+erintendent

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