contract - East Baton Rouge Parish School System

DRAFT 5-07-15
EAST BATON ROUGE PARISH SCHOOLS
CEO/SUPERINTENDENT EMPLOYMENT CONTRACT
This contract made effective as of the
day of
, 2015 by and between
the East Baton Rouge Parish School Board, a political subdivision of the State of Louisiana,
located in East Baton Rouge Parish in the State of Louisiana (hereinafter called the Board), herein
represented by its President, David Tatman, duly authorized to act herein by virtue of action of the
Board taken at its special meeting of May 7, 2015, and Howard Warren Drake, Jr., (hereinafter
referred to as the “CEO/Superintendent”), a resident of the full age of majority currently residing
in Zachary, Louisiana.
WITNESSETH
I.
APPOINTMENT AND ACCEPTANCE; TERM OF OFFICE; CERTIFICATION
A.
In consideration of the mutual covenants and benefits to each party contained
herein, and on the terms and conditions set forth herein, the Board does hereby appoint and employ
Mr. Howard Warren Drake, Jr., and he hereby accepts such appointment and employment, as
follows:
ACTING SUPERINTENDENT:
Mr. Drake will serve as Acting CEO/Superintendent of Schools of the East Baton Rouge
Parish School System for a period of one (1) month commencing on June 1, 2015 and ending on
June 30, 2015.
SUPERINTENDENT:
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For a period of three (3) years commencing on July 1, 2015, and ending at midnight on June 30,
2018. The Board recognizes that the CEO/Superintendent is qualified under the laws of the State
of Louisiana for appointment to the position and conditions said appointment on the maintenance
of the required qualifications throughout his employment as CEO/Superintendent of Schools.
B.
This contract shall remain in full force and effect during this period unless
modified, extended or renewed by mutual agreement of the Board and the CEO/Superintendent or
unless terminated as provided in Section XV of this contract.
C.
In addition to the foregoing, during the period of May 4, 2015 and ending on May
31, 2015, Mr. H. Warren Drake, Jr., as a part-time employee of the East Baton Rouge Parish
School System (EBRPSS), will support and provide for a seamless transition in the Office of
Superintendent of the EBRPSS. During the transition, salary will be provided to Mr. Drake based
on his daily rate of pay under this employment contract on a per diem basis for each day he is in
the district providing transition services. Said payments will be verified and approved by the
School Board President for payroll purposes.
During the transition period, Mr. Drake, will provide for a general review and assessment
of the following non-exclusive areas of the EBRPSS. This is an illustrative listing, other areas of
concern may be assigned by the EBRPSB through its President.
1.
2.
3.
4.
5.
Budget, Finance and Business Operations
Human Resources
Accountability
Curriculum & Instruction and Instructional Support
Exceptional Student Services
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6. Federal Programs
7. Professional Development
8. Child Nutrition Program
9. Transportation
10. Technology
11. External Relations (i.e., Charter Schools, System Foundation Matters)
12. Community Engagement Plan (to include an assessment of all school attendance lines)
These services are to be provided under the immediate supervision of the President of the
East Baton Rouge Parish School Board. Mr. Drake shall report his general findings to the EBRPSB
in a form and manner to be collaboratively developed and determined by Mr. Drake and School
Board Leadership.
II.
GENERAL DUTIES OF CEO/SUPERINTENDENT
A.
The CEO/Superintendent shall devote his entire time, attention, and energy to the
business of the school system and shall well and faithfully perform all of the duties and
responsibilities of his office as CEO/Superintendent, Chief Executive Officer, and Ex-Officio
Secretary and Treasurer of the Board as may now or hereafter be prescribed by the Constitution
and laws of the State of Louisiana, the policies and rules and regulations adopted pursuant thereto
by the Louisiana Board of Elementary and Secondary Education and the Louisiana Department of
Education, and the policies, rules, regulations, and directions prescribed by the Board.
B.
It shall be the responsibility of the CEO/Superintendent to
select, place, and
transfer, personnel within the school system, in accordance with Louisiana law.
The
CEO/Superintendent shall also recommend to the Board any changes in the administrative and
supervisory staff structure, including instruction and business affairs, which he believes will
improve the operation of public schools in East Baton Rouge Parish.
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The CEO/Superintendent shall fully inform the Board before making significant staff or
organizational changes
C.
The CEO/Superintendent shall have charge of the administration of the schools
under the direction of the Board and shall provide supervision directly and indirectly of all staff
members.
D.
The CEO/Superintendent shall attend all Board meetings and shall provide
administrative recommendations on each item of business considered by the Board.
III.
SALARY OF CEO/SUPERINTENDENT
A.
Minimum base salary - The CEO/Superintendent shall be paid a base salary at the
rate of TWO HUNDRED THIRTY-FIVE THOUSAND DOLLARS ($235,000.00) PER
ANNUM. The salary shall be paid in equal monthly installments in accordance with the rules of
the Board governing payment of salary to professional staff members in the system working in the
Central Office. For purposes of calculating any per diem payments in this contract, they will
calculated in the same manner as other professional staff members working in the central office.
Each year the Superintendent’s salary shall be verified by the President of the School Board.
B.
Beginning on July 1, 2016, and on July 1st of each year of this contract thereafter,
the minimum base salary of the CEO/Superintendent shall be increased by three percent (3%).
Such increase will not be made in any fiscal year in which the overall evaluation of the
CEO/Superintendent is less than favorable.
C.
Salary adjustments - The Board may increase the annual salary of the
CEO/Superintendent during the term of this contract but may not reduce it except by mutual
agreement of the CEO/Superintendent and the Board. Any action by the Board adjusting the
CEO/Superintendent’s salary during the term of this contract, or any renewal thereof, shall be in
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the form of an amendment to, and become a part of, this contract, and shall also increase the
minimum annual base salary for each subsequent year by the same amount. Such action shall not,
however, be considered as an extension of the term, nor as a renewal, of this contract.
IV.
PERFORMANCE GOALS AND OBJECTIVES
The Superintendent shall be expected to fulfill the specific performance objectives of his
contract, and his evaluation shall reflect in large part the Board’s view as to whether he is
accomplishing (or has accomplished) those objectives during the term of this agreement. In
addition to such objectives, the Superintendent shall also meet or exceed performance targets
established in the areas of student achievement, graduation rates, and teacher effectiveness ratings
at both the school and district level. Separate performance objectives and performance targets
applicable to this agreement are contained in Attachment 1 to this contract, which is appended
hereto and made a part hereof. The specific performance objectives and performance targets will
be reviewed annually and amended during the term of this agreement or any extension thereof by
the mutual consent of the Board and the Superintendent.
V.
ANNUAL LEAVE; SICK LEAVE
A.
Annual Leave - The CEO/Superintendent shall receive 20 paid annual leave or
vacation days per year, exclusive of legal holidays. The CEO/Superintendent shall have the right
to carry forward from any fiscal year all unused annual leave or vacation days. Upon termination
or expiration of this Contract, resignation, retirement or death, the CEO/Superintendent, his
designated beneficiary, heirs or estate shall be entitled to payment of all unused accumulated
vacation (or annual leave), if any, at the time of termination from employment or expiration of the
Contract at the CEO/Superintendent’s then current annual Base Salary. Prior to taking annual
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leave, the CEO/Superintendent shall notify the board President of his planned absence and shall
designate a person to serve as Acting CEO/Superintendent during such period.
B.
Sick and Personal Leave - The CEO/Superintendent shall receive twelve (12)
working days of paid sick and emergency leave per year. Accrued unused sick leave earned by
the CEO/Superintendent during each year of this contract shall be carried forward to the
succeeding year without limitation. Such unused accumulated sick leave may be used for personal
illness or emergencies, as defined by Board policy. In the event that the CEO/Superintendent
should leave office by reason of death, retirement, termination or expiration of this contract, then
he, his designated beneficiary or his heirs or estate shall be paid for up to 25 days of unused
accumulated sick leave, if any, at the time of termination from employment or expiration of the
Contract at the CEO/Superintendent’s then current annual Base Salary.
C.
Additional Insurance - The Board shall pay the CEO/Superintendent an annual
benefit to underwrite the cost of additional insurance policies selected by the CEO/Superintendent
for the benefit of the CEO/Superintendent in an amount not to exceed Five Thousand Dollars
($5,000.00) annually. This additional benefit shall be paid within ninety (90) days of July 1, 2015
and each July 1st throughout the duration of this agreement. This benefit shall be treated as taxable
income to the CEO/Superintendent. In the event that Superintendent is disabled and has not yet
accumulated sufficient sick days to cover the applicable elimination period, the provisions of
paragraph XI shall apply.
VI.
AUTOMOBILE; VOUCHERED EXPENSES; ELECTRONIC ALLOWANCES;
MOVING AND RELOCATION COSTS
A.
During the term of this agreement, the Board shall provide the CEO/Superintendent
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with a monthly auto allowance of ONE THOUSAND FIVE HUNDRED DOLLARS
($1,500.00) to cover the costs of acquisition, insurance, and general maintenance of an automobile
to be provided by the CEO/Superintendent for in-district business use, but which shall be available
for his personal and professional use.
Additionally, the Board will reimburse the
CEO/Superintendent for out of District business and professional travel and for any miscellaneous
expenses he may incur in the performance of his duties in connection therewith in conformance
with Board policy and applicable law.
Throughout the term of this agreement, the
CEO/Superintendent shall maintain automobile liability insurance on his vehicle in an amount of
not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence and shall have the
board named as an additional insured on such policy. A certificate of insurance evidencing these
requirements shall be provided by the CEO/Superintendent to the Board on an annual basis.
B.
The CEO/Superintendent shall also be reimbursed for all other reasonable and
necessary expenses incurred by him in the performance of his duties, as evidenced by appropriate
expense vouchers consistent with Board policy and applicable law.
C.
The CEO/Superintendent shall also be provided an electronic allowance in the
amount of FIVE HUNDRED DOLLARS ($500.00) per month to cover cell phone, home internet
access, and/or digital pager expenses.
D.
Moving and Relocation Costs Associated with Acceptance of Employment –
Moving and relocation costs shall be defined as expenses directly related to transporting the
household goods and personal effects of the CEO/Superintendent from his present residence in
Zachary, Louisiana to a location within the geographic boundaries of the East Baton Rouge Parish
School System located in Baton Rouge, Louisiana. This one-time benefit shall not exceed THREE
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THOUSAND FIVE HUNDRED DOLLARS ($3,500.00). The Board reserves the right to make
any payments associated with this benefit directly to the moving company selected by the
CEO/Superintendent.
VII.
CONFERENCES AND MEETINGS
The Board shall pay in full all legally valid expenses and fees for the attendance of the
CEO/Superintendent at professional conferences and meetings with other educational agencies
when attendance thereof is required, directed, or permitted by the Board. The CEO/Superintendent
shall attempt to advise the Board of all meetings and conferences that the CEO/Superintendent
will be attending and shall periodically report to the Board relative to all meetings and conferences
attended. The CEO/Superintendent shall file itemized expense statements to be processed and
approved as provided by law and Board policy.
VIII. MEMBERSHIPS AND DUES
The CEO/Superintendent is encouraged to belong to appropriate professional and
educational organizations where such membership will serve the best interests of the Board.
Accordingly, the Board will reimburse the CEO/Superintendent for dues paid for membership in
organizations in which the CEO/Superintendent has been required, directed, or permitted to
participate by the Board, via the approval of the President of the School Board.
The
CEO/Superintendent shall present appropriate statements (vouchers for approval/reimbursement
by the Board) of such expenses. Each request for reimbursement must be approved by the
President of the Board and must conform to Louisiana law.
IX.
OUTSIDE PROFESSIONAL ACTIVITIES
The CEO/Superintendent may, with the approval of the President of the School Board
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utilize accumulated annual leave days to perform outside professional activities, such as making
presentations and serving on panels. The CEO/Superintendent shall have the right to retain any
honoraria received by him for such outside professional activities and shall pay all costs/expenses
that may be incurred by him in connection with such activities. The CEO/Superintendent will
ensure that all outside professional activities do not constitute potential or actual conflicts of
interest or violate Louisiana Ethics Laws.
X.
HEALTH INSURANCE; RETIREMENT
A.
Health Insurance – Throughout the term of this contract, the CEO/Superintendent
shall receive a monthly benefit in the amount of FIVE HUNDRED DOLLARS ($500.00) to
acquire health, dental and vision insurance coverage.
B.
Retirement - During the term of this contract, the CEO/Superintendent shall
receive, on a monthly basis, an amount equal to the amount that he would receive if he were a
contributing member of the Teachers’ Retirement System of Louisiana (TRSL). Said amount shall
include the employee and employer’s share which shall be based upon the CEO/Superintendent’s
then current salary. Said benefits will be paid into a private retirement/investment account to be
determined and selected by the CEO/Superintendent.
XI.
DISABILITY
Should the CEO/Superintendent be unable to perform any or all of his duties by reason of
illness, accident, or other cause beyond his control, and said disability or inability to perform such
duties exist beyond the point where all annual leave and sick leave of the CEO/Superintendent has
been exhausted, the Board may, in its sole discretion, make the following deductions from the
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salary stipulated above. For the first month following exhaustion of accumulated leave time, the
CEO/Superintendent shall receive his entire monthly salary; for the second month following
exhaustion of such leave, the CEO/Superintendent shall receive 2/3rd of his regular salary; and, for
the third month of disability following exhaustion of accumulated leave time, the
CEO/Superintendent shall receive 1/3rd of his regular salary. Should the CEO/Superintendent
remain disabled following this third month after exhaustion of leave, the Board may, in its sole
discretion, terminate all subsequent pay under this contract to the CEO/Superintendent for as long
as such disability exists. If such disability continues for more than six months, or if such disability
is permanent, irreparable, or of such a nature as to make performance of the CEO/Superintendent’s
duties impossible, the Board, in its sole discretion, may terminate this agreement immediately. In
such event, the respective duties, rights, and obligations of each party shall terminate save and
except for the benefits payable to the CEO/Superintendent under the termination provisions of this
Contract.
XII.
MEDICAL EXAMINATIONS
The Board requires and agrees to pay for the CEO/Superintendent to undergo a
comprehensive medical examination once each year within two months of the anniversary date of
this contract. The CEO/Superintendent must file with the President of the Board a yearly statement
from a qualified physician certifying to the CEO/Superintendent’s physical competency. To the
extent allowed by law, this statement or medical report shall be treated by the Board as confidential
information.
In the event that the examining physician should determine that the
CEO/Superintendent is not physically capable of carrying out the duties of CEO/Superintendent
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of Schools for the East Baton Rouge Parish school system, then the CEO/Superintendent shall be
considered as disabled and the provisions of Paragraph XI above shall apply.
XIII. ANNUAL EVALUATIONS
A.
The Board shall evaluate the performance of the CEO/Superintendent on an annual
basis starting in 2016. The evaluation shall be completed on or before July 1, 2016 and on the
same date for each subsequent year of this contract or any renewal of this contract. The evaluation
shall be related to the general performance of the CEO/Superintendent’s duties and to the Board’s
goals and objectives, and the evaluation instrument shall be determined by the Board. The
provisions of the Board’s Personnel Evaluation Plan, including particularly those provisions
relating to evaluation and remediation of professional employees, are not applicable to this
contract.
B.
A copy of the written evaluation shall be delivered to the CEO/Superintendent each
year, and a copy of same shall be placed in the CEO/Superintendent’s official personnel file. The
CEO/Superintendent shall have the right to make a written reaction or response to the annual
evaluation, which response shall become a permanent attachment to the CEO/Superintendent’s
personnel file. Unless the CEO/Superintendent expressly requests otherwise in writing, the
evaluation of the CEO/Superintendent shall at all times be conducted in executive session and shall
be considered confidential to the extent permitted by law and with the input of the
CEO/Superintendent. Nothing herein shall prohibit the Board or the Superintendent from sharing
the content of the CEO/Superintendent's evaluation with their respective legal counsel. Moreover,
the Board shall be authorized to make public the composite score of the evaluation.
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C.
At the request of either party, the Board and CEO/Superintendent shall meet to
discuss the performance of the CEO/Superintendent and/or his evaluation.
XIV. INDEMNIFICATION
A.
The Board agrees that, as a further condition of this contract, it shall, to the fullest
extent permitted by law, defend, hold harmless, and indemnify the CEO/Superintendent from any
and all demands, claims, suits, actions, judgments and legal proceedings brought against the
CEO/Superintendent in his individual capacity and/or in his official capacity as agent, employee
and ex-officio member of the East Baton Rouge Parish School Board, so long as the conduct, act,
or failure to act of the CEO/Superintendent giving rise to the claim occurred while the
CEO/Superintendent was acting within the course and scope of his employment. Indemnification,
as provided in this section, shall not include criminal proceedings and shall not apply in the case
of malfeasance in office or willful or wanton neglect of duty on the part of the
CEO/Superintendent. All obligations of the Board herein shall be subject to any limitations
provided in Louisiana law. This Section XIV shall survive the termination of this contract.
XV.
TERMINATION
Except as otherwise provided herein, upon termination of this contract and employment
pursuant to this Section of the Contract, the CEO/Superintendent shall retain his rights to any
accrued sick leave and vacation or annual leave in accordance with the applicable provisions of
this contract. This contract may be terminated on the grounds and conditions provided below:
A.
Termination by Mutual Consent: This contract may be terminated at any time
upon written agreement of the Board and the CEO/Superintendent, at which point all obligations
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of the Board and the CEO/Superintendent shall cease. Notwithstanding the foregoing, the Board
shall pay the CEO/Superintendent unpaid salary through the termination date of the contract and
other such benefits that are mutually agreed upon.
B.
Termination for Disability: In the event of disability by illness or other incapacity,
the Board may terminate this contract in accordance with the provisions of Section XI hereof.
C.
Termination
for
Cause:
Throughout
the
term
of
this
contract,
the
CEO/Superintendent shall be subject to discharge for good and just cause in accordance with the
laws of the State of Louisiana, including particularly LSA R.S. 17:54, at a regular meeting or
special meeting of the Board. Prior to his removal, the CEO/Superintendent shall have the right
to receive written charges against him, reasonable notice of hearing, and a fair hearing before the
Board. If the Superintendent chooses to be accompanied by legal counsel at this hearing, he will
assume the cost of any legal expenses. It is understood and agreed that the Superintendent may
be suspended with pay by the Board during its investigation of allegations made against him and
that such suspension shall not constitute or be construed as a removal from office of the
Superintendent. Such suspension with pay shall not exceed sixty (60) calendar days without
written consent of the Superintendent. It is further understood and agreed that the Superintendent
is a public official elected by the Board and is not a promotional employee governed by the
provisions of La. R.S. 17:444.
D.
Terminal Benefits: In the event of a termination of this contract, the
CEO/Superintendent, in addition to any benefits referenced in these paragraphs, shall be entitled
to receive payment for any accrued sick and annual leave in accordance with the applicable
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provisions of this Contract. The CEO/superintendent shall also be provided access to health
benefits through COBRA.
XVI.
CONTRACT EXTENSION OR RENEWAL
A.
This contract shall end on the date specified in Section I above, unless terminated
sooner in accordance with Section XV of this contract, or unless the Board by a majority vote of
its total membership, takes action to extend or renew the contract beyond that date and the
CEO/Superintendent accepts such extension or renewal.
B.
The Board agrees to notify the CEO/Superintendent in writing not less than ninety
(90) days before June 30, 2018, whether or not it intends to renew the contract for an additional
term commencing July 1, 2018 and the terms and conditions upon which it proposes such renewal.
If the Board timely notifies the CEO/Superintendent that it intends to renew his contract,
the CEO/Superintendent shall advise the board in writing, within thirty (30) days of his receipt of
said notice, whether or not the proposed terms and conditions are acceptable.
If the
CEO/Superintendent fails to provide timely notice of his acceptance of said terms, this contract
shall terminate effective June 30, 2018. The Board may extend the thirty (30) day requirement at
its sole discretion.
The Superintendent shall have an affirmative duty to notify the Board members in writing,
not less than one hundred (100) days prior to the termination date of this contract, about the
provisions of this section of the Superintendent’s Employment Contract. The failure of the
Superintendent to provide such notice to the Board members shall be construed as failure on his
part to fulfill the terms of this contract and alone shall be grounds for non-renewal without such
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notice and/or grounds for the termination of this agreement for cause.
C.
When the parties hereto agree upon the terms and conditions, a new written
contract, or an extension or renewal of this contract, shall be executed as soon as possible
thereafter. If the Board timely notifies the CEO/Superintendent in writing that it does not intend
to renew his contract, then this contract shall terminate at 12:00 midnight on June 30, 2018.
D.
If the Board fails to timely notify the CEO/Superintendent of its intention to renew
his contract or not to renew the contract, as provided herein, such failure of the Board shall not
automatically result in an extension or renewal of this contract for an equivalent term. Rather, in
the event the Board fails to provide timely notice, this contract shall be extended on a day-to-day
basis until ninety (90) days have passed since such notice was given.
XVII. SEVERABILITY
If any provision or item of this contract or the application thereof is held invalid or found
to be in violation of state and/or federal constitutional or statutory law, such invalidity shall not
affect other provisions, items, or applications of this contract which can be given effect without
the invalid provisions, items, or applications, and to this end the provisions of this contract are
hereby declared severable.
XVIII. AMENDMENT
This agreement embodies the entire agreement between the parties and shall not be
amended except by written agreement of the parties.
IN WITNESS WHEREOF, the parties hereto affirm that they have read and are familiar
with the terms hereof and have signed same before the undersigned competent witnesses and the
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undersigned notary public on this
WITNESSES:
day of
, 2015.
EAST BATON ROUGE PARISH
SCHOOL BOARD
BY:
WITNESS
WITNESS
DAVID TATMAN
PRESIDENT, EAST BATON ROUGE
PARISH SCHOOL BOARD
______________________________________
MR. HOWARD WARREN DRAKE, JR.
EAST BATON ROUGE PARISH SCHOOLS
CEO/ SUPERINTENDENT
_____________________________________
DOMOINE D. RUTLEDGE, Bar Roll #25230
1050 South Foster Drive
Baton Rouge, LA 70806
Notary ID: 56203
NOTARY PUBLIC
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