Superintendent's Employment Contract ‘THIS AGREEMENT made and entered into this 13" day of August, 2014, by and botween: EAST PENNSBORO AREA SCHOOL DISTRICT, a public school district having its office at 890 Valley Street, Enola, Cumberland County, Pennsyivania 17025, hereinafter called "Schoo! Distt’, individual, having a current address of Haisburg, PA 17112 Dauphin County, Pennsyivania ,horeinafter sometimes called "Assistant ‘Superintendent or * Mr, Mibrand?: \WITNESSETH: WHEREAS, Mr. Milbrand currently serves as Supervisor of Curiculum, Instruction and Assessment; and WHEREAS, tho Board of School Directors of School Distct ata properly constituted meeting on July 10, 2013 did appoint Mr. Milbrand to‘ positon of ‘Assistant Superintendent of School District to a term tobe effective on August 14, 2014 and WHEREAS, the parties have negotiated various term and conditions of such appointment which thy desire to document; and NOW, THEREFORE, in consideration of tho mutual promises, toms and. ‘concliions contained hain, and intending to be lagally bound, the parties mutually agree as follows: ARTICLE |- INCORPORATION OF FOREGOING 41.1 The foragoing preamble and paragraphs are incorporated herein by reference thereto ARTICLE Il-TEFM AND ACCEPTANCE OF EMPLOYMENT. 2.1 School District does hereby appoint, engage and employ Mr. Miband in the ‘capacity of Assistant Superintendent ofthe School District fora § year term ‘commencing on August 1, 2014 and ending on sly 31, 2019, and Mr Milbrand agrees to accept said appointmant and employment for said term in accordance wit the toms ofthis Agreement,ARTICLE Ill - LEGAL QUALIFICATIONS {8.1 Assistant Suporintondent covenants and represents that he possesses all of the qualifications that ae required by law to serve as a District Assistant ‘Superintendent. He agrees fo maintain throughout the term ofthis ‘Agreement a valid latter of eigibity or other legal credentials as may bo ‘required by law and to presant tho same to the Board of School Directors of the School istrict. He further agroos to subscribe to and take the proper ‘ath of office before entering upon his duties. 8.2 The Assistant Superintendent expygssly warrants and represents that he does not and wil not have, during the term ofthis Agroomont, any financial Interest, director indirect, in tha sale or adoption of any book or books, or the ‘sale to Or lease by the School Distict of any supplies or equipment. He {urthor warrants that he has not violated the provisions ofthe Pennsylvania Public School Code of 1949, as amended, or any other law or regulation as they apply tothe qualification fr a District Assistant Superintendent ARTICLE IV As JPERINTENDENT's mes 41 Assistant Suporintondant agroos to devote his fll ime, ski labor and attention to his employment hereundar, provided, however, that he may Undertake ouch consultative work, speaking engagomanta, wring, looturing OF other professionally related activities that are notin violation of law and do ‘ot interara vith his performance hereunder. The Assistant Superintendont shall provide walten notice fo the Board of such activites. Any such activitis that require more than two days per quarter shail require prior Board approval. 42 Assistant Superintendent agrees to perform the duties of Assistant District ‘Superintendent in a competent and professional manner in accordance with the laws of the Commonwealth of Pennsylvania, the policies of the School District and the provisions ofthis Agreement 423 The Assistant Superintendent shall be charged with the administration ofthe ‘schools as assigned by the Distict Superintendent and subject the supervision ofthe District Superintondont. Allduties are subject to the Board's broad discretion to delegate to other administrators andior to remove Ccortain duties and responsibilies. 4.4 The Assistant Superintendent shall attend all regular and special meetings of the Board of School Directors and all committee meetings thereof unless otherwise excusad from attending same. Executive sessions pertaining tothe District Assistant Suporintondant’s performance may be held from which the Assistant Superintendent is excluded, 4.5 The Board of School Directors shall handle ciicisms related fo the performance ofthe Assistant Superintendent. Notice and an opportunity to respond to any such complaint shall be provided tothe Assistant ‘Superintendent 46 It's agreed that a regular formal evaluation of Assistant Superintondent annually by the Board of Schoo! Directors with input from the ‘Superintendent. The evaluation instrument isthe one utilized with the Act 98 ‘omployees. itis agreed that such performance evaluation shall be privileged {and confidential, and thatthe Assistant Superintondont, Superintendent and the members ofthe Board of School Directors shall not reveal the results. 4.7 The School District agrees that it wll defend, hold harmless and indamniy Assistant Superintendent from any and all demands, claims, suits, ations ‘and legal proceedings brought against him in his individual capacity or in his, official capacity as agent and employee of the Schoo! District, provided the Incidant arose while Assistant Superintendent was acting within the scope of his employment and the defense ofthe action and indemnification costs are ‘authorized undar tha Political Subdivision and Torts Claims Act. ‘ABTICLE V- RESERVATION OF RIGHTS AND AUTHORITY. 1 The Schoo! District, on its own behalf and on behalf ofthe electors ofthe ‘Schoo! District hereby retains and reserves unto iol, al power, rights, ‘uthoily, duos, and rosponsibilios conforred upon and vested in tby the law and the Constituton ofthe Commonwealth of Pennsylvania. The Schoo! District shal be limited only tothe specifc and expressad terms ofthis ‘Agreement. ‘ARTICLE VI COMPENSATION AND BENEFITS COMPENSATION {6.1 The Schoo! District and Assistant Superintondent agree to the folowing Conditions as they rlate to this Agreement or any amendment or extension to this Agreement 6.1.1. The established annual salary shall be paid in equal installments in accordance wi the policy or agreement governing other twelve (12) ‘month "Management Employees” in ho School Distict unless otherwise agroed between the parties hereto.6.1.2 The compensation ofthe Assistant Superintendent shall not be decreased uring the term ofthis Agreement, or through any amendment or extension ofthis Agreement, without the written approval of the Assistant Superintendent. This provision shal be applicable to annual salary only Under this paragraph 6.1. Insurance or other benetlts may be diminished {o the extent necessary to align them with benefits provided under the professional employees collective bargaining agreement or an Act 93, ‘agreement, but at no time shall the Assistant Superintendents insurance benefits be less than those provided to ther employees. 6.1.8 During the first “School Fiscal Year" (July 1, 2014 through June 30, 2015) ‘ofthis Agreement the compensation of the Assistant Superintendent shall be an inital annual salary ach year the Assistant Superintendent will receive an increase equal to BA negotiated percent increase plus 0.5% added tothe base salary with a ‘minimum of 2%. In adalton a the discretion ofthe board, the assistant superintendent may receive up to an additonal 1.5% increase based on the ‘completion of the year’s objectives as established by the Board 6.1.4.1 Salary increases shall be applied unless the Assistant Superintondents Performance is rated as “unsatisfacory” on his annual performance assessment {or the prior school year, in accordance wit the provisions of ths Agreement. 6.1.8.1 Tho Schoo! Distt in annually adjusting salary shell not be considered to have entered into a new agreement with the Assistant ‘Superintendent orto have extended the termination date ofthis Agreement. 6.1.4 The Assistant Superintendent may, in accordance with applicable federal and sta statutos and regulations, transfer portions of his annual ‘Compensation into tax Deferred Annully program of his choice, LIDAY' 6.1.5 tis expected that the Assistant Superintendent shal be on duty physically not less than two hundred forty (240) days per contract year unless he is ‘on sick, vacation or personal leave of participating in professional activites, all as provided herein, Such requirement takes into consideration the following days-of 6.1.5.1 Saturdays and Sundays 6.15.2 Legal Holidays and other days when the School Districts offically ‘closed forall business as established by the school calendar, 6.1.5.3 Three (3) personal leave days per contract ye6.1.5.4 Vacation of twenty (20) days per contract year commencing with the 618 ear 618 619 effective date ofthis Agreement. Notwithstanding the foregoing statement of days to be worked, Assistant Superintendent shall respond to his duties at any ime that an emergency arises requiring his presence and service. Days may ba prorated where less than a ful year of employment is performed, Assistant Superintendent may carry-over to the suoceeding contract yaar ‘not more than ten (10) days for an accumulated total of not more than {hity (30) days in any contract year. Assistant Superintendent may be ‘compensated in any year for up to ten (10) unused vacation days that are ‘not carted over for the year the vacation was earned and not used. Tho: ‘ao of cmpansation shale AssiantSuperniondens per dom for _vaoation shall be paid in a lump sum according tothe Assistant Superintendent's choosing.If the Assistant Suporintendont has ‘accumulated unused vacation days atthe time of his separation trom the ‘Schoo! District, then he is ented fo payment, at his per diem rate, for up {o thy (30) unused vacation days remaining. ‘Assistant Superintendents attendance shall be recorded and maintained ‘by Schoo! District's payroll clerk. SICK LEAVE “The Assistant Superintendent shall be entitled to twelve (12) sick leave {days annual Sick leave shall accrue without imitation and be added to those already accumulated. The Board reserves the right fo requost a physician/doctors staloment for three (3) or more consocutve work days, missed or when the Board or Superintondont suspacts abuso, ‘SABBATC The Assistant Superintendent shall be entiled to Sabbatical Leave of ‘Absence for Restoration of Health as provided undar Section 1166 of tho Public School Code, and in accordance with the same policies, raguiations, and procedures applicable to professional employees. I, ‘upon explation of a Sabbatical Leave, the Assistant Superintendent ofers toretum and the School District terminates the Assistant Suporintendont’s ‘employment, the requirement for repayment shall be waived as permitted under Section 1168 ofthe Public School Code. The District raserves the right o request a second opinion at is own expense to include receiving the results of same. INSURANCE BENEFITS:6.1.10 The Assistant Superintendent shall received School Distt provided Insurance bnefis as follows: 6.1.10.1 Group Term Life Insurance in an amount equal to wo (2) times the Assistant Superintendent's annual base compensation. 6.1.02 For tho tr of is cotat, to School Distt commerce “rel hoalvoare bantam aford toto Soho! Discs administrative professional staff under the Act 93 Administrative Compensation Plan for the Assistant Superintendent and Assistant ‘Superintendent's dependent coverage 2. Inthe event the Assistant Superintendent has medical insurance ‘coverage under his spouse and olocts not to take District ‘coverage, ‘payment of §2,000 annually in the month of Juno. Inthe event of a ‘qualifying avent under COBRA, the Assistant Superintendent may Secure coverage under the District's plan. In such event, tha opt out payment shall be prorated. 6.1.10.3, Dental and Vision Insurance as provided in the Act 93 Administrative ‘Compensation and Benefit Plan. 6.1.10.4. The Assistant Superintendent agrees in the event that tha provisions of the Affordable Health Care Act require and assessment andlor penalty a @ result of medical coverage urdler Paragraph 6.1.10.0 above, the parties agrea to modification of plan provisions during the term of the Contact to ensue that the district's healthcare plan provided to the Assistant Superintendent are maintained withthe cost index thus limiting ary imposed tax, penalty or consequence as set forth under tho federal legislation. itis futher agreed, ithe dstet’s health Insurance plan provided hereunder contains terms or has costs which ‘Would trigger additional or cost or other consequences as referenced ‘above, the Assistant Superintendent will agree to (1) imely (50 as to ‘avoid taxes, penalti or other consequence as aforesaid) pian ‘madiflations necessary to keep the plan terms and costs under applicable index; (2) pay by pro rata deduction from employee's pay, the cost tothe Distt of any taxes, penalties or othor consequences, ‘oF (8) a combination of both (1) and (2) to ensure cost remains below the cost Index as 801 forth under the federal health care roform legistation,PROFESSIONAL ACTIVITIES 6.1.11 The duties of the Assistant Superintandont may require his presence at ‘numerous meetings, conventions, and conferences in ordr that he can ‘maintain awareness of current program problems and information. His attendance at seminars, workshops, in-service programs, school activities ‘and graduate education programs may be necossary to maintain the knowledge and skils required of his postion. The School District considers the exponses involved with attendance at the national convention of the American Association of School Administrators, the nation convention ofthe Association of Supervision and Curriculum Davelopment, and the state convention of the Pennsylvania Association of ‘School Administrators to be related to his duties and appropriate for reimbursement, which should not exceed Two Thousand Dollars ($2,000) por year. {6.1.12 The Board shall approve in advance all other meetings, convontions and conferences expenditures requiing an overnight stay. Expanso reimbursement for such actives shall be provided in accordance with procedures described in School Distit policy. PF Ni BERSHIP 6.1.19 The Schoo! Distict shal provide the Assistant Superintendent annual ‘membership for tho following: American Association of School ‘Administrators, the Pennsyivania Association of School Administrators, and the Association for supervision and curriculum Development, Pennsylvania School Boards Associations. The cost of sald membership ‘dues to be pald by the Schoo! Distt. TRANSPORTATION 6.1.14 The School Distt shall provide the Assistant Superintendent, in ‘performance of his duties during the term of this Agreement, with mileage ‘expense reimbursement for Intar- and intra-dstict mileage at tho prevailing Internal Revenue Service recognized reimbursement rate. OTHER BENEFITS 6.1.15 The Assistant Superintondont shall receive all and any other porsonal ‘benefits and incentives provided tothe Act 98 Administrative ‘Compensation Plan, now in existence or hereatter provided, o° the professional teaching staff undor the Collective Bargaining Agreement, ow in existence or hereafter provided, whichovar bonofits are groator, ‘except as otherwise provided by this Agreement,defined in the current Act 93 agreement. In the event Mr. Milbrand would voluntarily leave the district, the repayment of such funds would be dotinod by the Act 93 agroomont, ARTICLE Vl - REAPPOINTMENT AND TERMINATION 7.1 Tho Schoo! District and Assistant Superintondant hereby agree that the: following provisions shall be applicable forthe tem of this Agreement, or any extension or renewal ofthis Agreement. 7.1.1. This Agreement may be changed or terminated by mutual consant of the parties, provided, however, thatthe party seeking such change oF termination shall give no less than sity (60) days wtiten notice tothe ‘other party unless such notice is waved by both partos hereto 7.1.2 The Assistant Superintendent shall, throughout the term ofthis ‘Agreement, be subject to termination of contract for valid cause for reasons spectiod under Section 1080 ofthe Public School Cod, including wilful volaton of any policies of the School District or any provision ofthis Agroament. Beforo his dismissal the School District wil Provide the Assistant Superintendent with written charges, adequate notice of a hearing and a fir and impartial hearing before the Board of School Directors. Ifthe Assistant Superintendent is not dismissed by the Board or prevals in an appeal ofthe Board's dismissal, the School District shall assume responsibly for payment of easonable attomey's foes incurred by him in his defense. ifthe School Distt termination is sustained by the tal court, then there shall be no futher obligations or payments by the School District for attorney's fees or ay other expenses. 7.1.8 The Schoo! District shall noiy the Assistant Superintendent in writing by Cortfied mal, no later than January 31 ofthe final year of this Agreement, ‘af tha School District's intent not to reappoint the Assistant Superintendent. Should the Assistant Superintandent nat be so notitied, said Assistant Superintendent shall be reappointed for aterm of years not less than the length of the expiring term and the terms and conditions of the Agreement shall be incorporated in a successor agreement, unless ‘mutually agreed otherwise by tha Board of Schoo! Dractors an tho Assistant Superintendent. 7.1.4 Inthe event that the Assistant Superintendent is wiling and able to perform his duties under this Agreement and his employment Is Terminated by the Schoo! District without cause, the School Distret agrto pay the Assistant Superintendent his salary forthe remaining term of ‘tho Agreement. In adltion to such termination compensation, the Schoo! District shall also pay the Assistant Superintendent for her accrued vacation leave and a severance in accordance with the terms of this Agreement and subject o applicable law. In consideration for these ‘payments, the Assistant Superintendent agrees to sign a general release, ‘which shall rleaso and discharge the School District and its employses, Officials, schoo! board mombors, agonts and assigns from any and all claims, causes of action, demands and damages arising from his ‘employment and termination of employment. 7.1.8 The Assistant Superintendent may resign his postion as Assistant Superintendent at any time during the term, provided he gives the Board (of Schoo! Directors atleast sist (60) days prior written notice of his, resignation. ASSESSMENT OF PERFORMANCE 7.2 The Board shall evaluate, in wling, ho porformance of the Assistant ‘Superintendent atleast once a year during the term of his contract, no later than March 15 of each year, using a murutally agrees upon method ‘Appendix __ as tha basis for said evaluation, provided that any ‘assessment systom solacted shall require the Board of School Diractors to ‘speak in one voice by voting as an entire Board. Inthe event tho Board consensus determines that the performance of the Assistant Suporintendant 's unsatisfactory in any respect, it shall describe in writing in reasonable dotal, the specific instances of unsatisfactory performance. A copy of the ‘writen evaluation shall be delivered to tho Assistant Superintendent. The Assistant Superintendent shall have the right to maka a writin response to the evaluation. The Board's evaluation and Superintendent's response(s) shall be fatally private and in no manner become public knowledge of ‘conversation. Tha parties shall have the ight to mutually waive a formal performance assessment in any year ofthis Agreement provided; however, that Assistant Superintendent shall not be subject o discipline or discharge ‘nthe basis of neglect of duly in any year when a formal performance ‘assessment is nat completed 7.3 The performance assessment shall be used forthe following purposes: 7.3.1. To strengthen the working relationship botween the District and Assistant ‘Superintendent and to clay fr the Assistant Superintendent and individual members of the Board of Schoo! Directors, the responsibities the Board relies on the Assistant Superintendent to ful; and 7.3.2 To discuss and establish goals for the ensuing year.7.4 The performance ofthe Assistant Superintendent shal be assessed in ‘part against objective performance standards which have been mutually agreed ‘upon by the Board and the Assistant Superintendent. The District shall post the mutually agreed upon objective performance standards on the District website ‘and shall also annyaly post whether or not the Assistant Superintendent met the ‘agreed upon objective performance standards. The Board and Assistant ‘Superintendent hereby mutually agree tothe objective performance standards ‘which are attached hereto as Appendix __and incorporated herein by reference and which shall bo roviewod and updates as necessary on or before July 1" of each year ofthis agreement, unless another dato is mutually agreed upon by the Board and Assistant Superintendent. ‘SEVERANGE 7.4 The Assistant Superintendent shal be elgibe for a severance payment ‘upon retirement qualification asa retiree under the public School Employees’ Retirement Code and System, nonrenewal under paragraph 7.1.8 termination without cause under paragraph 7.1.4 above. The tolal ‘severance payment amount is based upon the sum of 7.2.1 the amount ‘obtained based on years of service, 72.2 the amount based on ‘accumulated sick leave days as explained below: 7.4.1. Tho product of multiplying f years of continuous sania: 1 hundred dolars ($400) times the number of ny 7.4.2. The number of accumulated and unused sick leave days over the fist 100 days reimbursed at arate of fity dollars ($50) for each accumulated day. 7.5. The Assistant Superintendent shall recolve al potion ofthe severance ‘payment as a 408 (b) contribution 7.8 Inthe event of etgblty and qualification for disability retirement under the publle School Retitoment Systom, notice to the School District in advance ‘shal be waived and the severance payment willbe paid with the balance of ‘contract salary. 7.7 In the event of death of the Assistant Superintendent while in service, the severance payment shall ba made to his estate as if he qualified by vitue of retirement. ARTICLE Vil: OBLIGATION {8.1 This Agreement shal be binding upon the partes, ther successors or assigns.ABTICLE IX — UNLAWEUL PROVISION, 19.1 Should any article, ection, or clause ofthis Agreement be declared egal by a court of competent jurisdiction, said arto, section, or clause, as the caso ‘may be shall be automaticaly deleted from this Agreement tothe extent that it violated the law. The remaining articles, sections, and clauses shall remain in full force and effect forthe duration of tho Agraemant i not affected by the deloted antici, section, or clause. Ifa any time thereafter such article, section, or clause shall no longer conflict with the law then it shall be ‘deemed restored in ful force and effect as It had never been in conflict with the law INWITNESS WHEREOF, the patios have caused these presents to be duly executed the day and year first mentioned above EAST PENNSBORO AREA SCHOOL DISTRICT - President, Board of School Directors a (Official Seal) Vives eHoudorne : Grobory Mitbrand