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FREMONT PUBLIC SCHOOLS
CENTRAL OFFICE
ADMINISTRATOR CONTRACT
THIS CONTRACT is made by and between the Board of Education of the Dodge
County School District 0001, a/k/a Fremont Public Schools, hereinafter referred to as “the
Board,” and Mark Shepard, hereinafter referred to as “the Administrator.”
WITNESSETH: That in accordance with action taken by the Board as recorded in the
minutes of the Board meeting held on the 8th day of June, 2014, the Board hereby agrees to
employ the Administrator, and the Administrator hereby agrees to accept such employment,
subject to the following terms and conditions:
1. Term of Contract. This Contract is for a term of three (3) years beginning on the 1st
day of July, 2015 and expiring on the 30th day of June, 2018. A “contract year” for
purposes of this Contract shall be from July 1 to June 30.
2. Renewal of Contract. Each year the parties will determine if they wish to extend
this agreement for an additional contract year. No later than the Tuesday after the
Board's regular December meeting each year, the Secretary of the Board shall notify
the Administrator in writing of the Board’s intention to continue or not to renew this
Contract. Failure to do so will constitute an automatic renewal of the contract.
3. Compensation.
A. Salary. In consideration of the payments contained herein, the Administrator
shall perform faithfully duties assigned to him/her by the Board of Education.
Annual net salary shall be paid in equal installments in accordance with the
policy of the Board governing payment of the professional staff employees of
the District. The Administrator's salary shall not be reduced during the term
of this Contract except for just and sufficient cause as authorized by law.
B. Flat Salary Payment. The Flat Salary Payment component is based on 14%
of the Administrator's salary. Such sum shall be payable in salary as
additional compensation and shall be considered to be the result of a districtwide permanent benefit change made by the District for the category of all
administrative employees of the District who are required to hold an
administrative certificate from the Nebraska Department of Education.
C. Contract year 2015-16. The annual compensation for the 2015-2016 contract
year shall be:
Salary:
Flat Salary Payment:
Total Salary:
$187,037.40
$ 26,185.24
$213,222.64
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D. Subsequent Contract Years. The annual compensation for the third and any
subsequent year of this contract will be set by the Board and shall not be less
than the previous year.
4. Benefits. As further consideration for the services to be performed by the
Administrator, it is agreed as follows:
A. Health and Dental Insurance. The Board shall provide the Administrator
family health insurance and family dental insurance which is equivalent or
superior to that provided to other administrative staff of the district. The
board of education shall also provide a supplemental health insurance plan
(Exec-U-Care) at no cost to the Administrator.
B. Life Insurance. The Board shall provide term life insurance with a total
death benefit of two hundred thousand dollars ($200,000).
C. Long Term Disability Insurance. The Administrator shall be required to
purchase disability insurance from the district’s carrier at his/her own
expense. The Board will increase his/her salary by the amount of the
premium cost.
D. Fringe Benefit Stipend. The District shall provide the Administrator with a
Fringe Benefit Stipend equal to 9.87% of their total salary.
E. Professional Development. The Administrator is expected to continue
his/her professional development and to participate in relevant learning
experiences. With the approval of the Board, he/she may attend appropriate
professional meetings at the local, state and regional level. The Administrator
may attend a national conference during the 2013-14 contract year and every
other contract year thereafter. The Board will pay for valid expenses of
attendance at all approved meetings and conferences.
F. Professional Dues. The district will pay the dues for the membership in a
national and state organization and for such other professional organizations
as the board may approve. The district may pay dues for other professional
organizations upon the Administrator's request and the Board's approval.
G. Service Organization Membership. Strong and positive relationships
between the district and the Fremont community are vital to the overall
success of the district and its students. Therefore Administrator is required to
become an active member of at least one community service organization,
subject to the Board's approval of the organization selected by Administrator.
In exchange, the district will pay the Administrator's annual dues to that
organization.
H. Cellular Phone. The Administrator shall maintain a cellular telephone with
data plan from a carrier of their choosing and shall provide the number of the
cellular telephone to relevant Fremont School District staff. In exchange, the
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Board shall provide a stipend to the Administrator at the rate of $125.00 per
month.
I. Transportation. The Board shall provide the Superintendent with a
transportation allowance of $860.00 per month, which allowance is to be
treated as salary per accountant’s recommendation and shall serve to
compensate the Superintendent for all motor vehicle transportation costs
including lease or purchase costs, maintenance (repairs, insurance, and
license) and fuel.
J. Paid Vacation Leave. The Administrator may be awarded up to thirty (30)
days of paid vacation leave annually credited at the rate of 30 days per year at
the beginning, exclusive of weekends and legal holidays. Vacation leave shall
be taken as provided in Board policy and the Administrator may participate in
the administrator vacation reimbursement policy (Policy No. 23.C).
K. Sick Leave. The Administrator shall have ten (10) days of paid sick leave for
each contract year. Sick leave days may be used by the Administrator on days
which the Administrator is unable to perform his/her duties because he/she is
too ill to work. Unused sick leave may be carried over from contract year to
contract year with no limit of accumulation. Sick days are not compensable
upon the conclusion of Administrator's employment.
L. Recording Leave Time. The Administrator shall notify the Human
Resources Department of Fremont Public Schools when he/she uses sick or
personal leave time. Additionally, the Administrator shall maintain a record
of all sick and personal leave which he/she shall provide to the Board upon the
Board’s request.
5. Deductions. This contract shall conform to the statutes and regulations governing
deductions from compensation. The district shall withhold other deductions as the
Administrator and Board may agree.
6. Duties.
A. Superintendent of Schools.
The Administrator shall serve as the
Superintendent of Schools.
While the Administrator is serving as
Superintendent, he/she shall be the chief administrative officer for the District,
and shall have primary responsibility for implementation of Board policy.
Subject to the approval of the Board, the Superintendent shall be responsible
for organizing, reorganizing and arranging the administrative and supervisory
staff of the district in a manner which best serves the schools of the District.
The Superintendent shall be responsible for selecting, placing, and
transferring personnel and shall be responsible for initiating all personnel
matters which require action by the Board.
B. Other Duties as Assigned. The Administrator shall be subject to such other
duties as the Board may assign from time to time. The Administrator shall not
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be responsible for performance of duties assigned by individual members of
the Board of Education, or duties assigned without official action of the Board
of Education, except as specifically set forth in the Board of Education
Policies.
7. Board-Administrator Relationship. The Board shall have primary responsibility for
formulating and adopting Board policy. The Administrator shall be responsible for
development of regulations and rules consistent with Board policy. In the absence of
Board policy on matters which require prompt action, the Administrator shall have
the authority to act using the Administrator’s professional judgment and consistent
with legal requirements; provided that the Administrator shall report the nature of the
matter and the action taken to the Board no later than the next regularly scheduled
Board meeting. The parties agree, individually and collectively, to promptly refer all
criticism, complaints and suggestions called to its attention to the Administrator for
action, study or recommendation, as appropriate.
8. Evaluation of the Administrator. The Administrator shall be evaluated twice
during 2014-2015 school year, and once during each subsequent contract year, unless
the Board deems additional evaluations appropriate. The Board shall use the forms
on file with the Nebraska Department of Education for the evaluation of the
Administrator. The Administrator shall receive a copy of the evaluation and shall
have the right to submit a response to the evaluation, which response shall be placed
in the Administrator’s personnel file. The Administrator shall remind the Board
members in writing at least 45 days before the date of each upcoming evaluation and
provide them with the proper written evaluation instrument.
9. Cancellation or Mid-Term Amendment. This Contract may be cancelled or
amended by a majority of the members of the School Board for any of the following
reasons: (a) upon cancellation, termination, revocation, or suspension of the
Nebraska Administrative and Supervisory Certificate, or the Nebraska Professional
Administrative and Supervisory Certificate by the State Board of Education; (b)
breach of any of the material provisions of this Contract; (c) for any of the reasons set
forth in this employment contract; (d) incompetency; (e) neglect of duty; (f)
unprofessional conduct; (g) insubordination; (h) immorality; (i) physical or mental
incapacity; or (j) any other conduct or condition that substantially interferes with the
continued performance of the superintendent’s duties.
The procedures for
cancellation during the term of the contract shall be in accordance with the applicable
NEBRASKA REVISED STATUTES.
10. Representations and Legal Requirements. The Administrator affirms that (1)
he/she is not under contract with another school board or board of education covering
any part of or all of the same term provided in this contract; and (2) he/she holds or
will hold a valid and appropriate certificate to act as a certificated employee in the
State of Nebraska to perform the assigned duties throughout the term of this Contract
and any extensions of this Contract. The Administrator further warrants and
represents as follows: (1) all information set forth in the application for employment
and other information provided by the Administrator in seeking employment are true
and accurate, and if said information ceases to be true, Administrator will advise the
Board immediately; (2) Administrator has never been convicted or plead no contest or
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otherwise been adjudicated as having committed a felony, any other offense involving
moral turpitude or any other offense involving abuse, neglect, or sexual misconduct
as defined in Sections 003.12 through 003.14 of 92 NAC 21; and (3) Administrator
has not suffered suspension or revocation of any educational professional license or
certificate, nor voluntarily surrendered such a license or certificate where charges or
potential charges were pending or imminent.
11. No Penalty for Release or Resignation. There shall be no penalty for release or
resignation by the Administrator from this Contract; provided no resignation shall
become effective until expiration of the contract unless accepted by the Board, and
the Board shall fix the time at which the resignation shall take effect.
12. Compensation Upon Termination. Upon lawful termination of this Contract for
any reason, the compensation to be paid hereunder shall be an amount which bears
the same ratio to the annual salary specified as the number of months or fraction
thereof to the date of such termination bears to the twelve months in the annual salary
period in which termination occurs. Any portion of the salary paid, but not earned,
prior to the date of termination of this Contract, shall be refunded by the
Administrator.
13. Residency. Due to the unique administrative needs of the district, the Administrator
is required to maintain his/her primary residence within the geographic boundaries of
the Fremont Public School District during the term of this contract.
14. Legal Actions. If any legal action, including but not limited to a professional practice
complaint, is threatened or filed against the Administrator as a result of the
Administrator's good faith performance of his/her duties for the Board, the Board
shall pay the expenses of defending such legal action to the maximum extent
permitted by law. Notwithstanding anything herein to the contrary, this section shall
not apply to legal actions, including, but not limited to professional practice
complaints, initiated by the Board against the Administrator.
15. Governing Laws. The parties shall be governed by all applicable Nebraska and
federal laws, rules, and regulations in performance of their respective duties and
obligations under this Contract.
16. Amendments & Severability. This Contract may be modified or amended only by a
writing duly authorized and executed by the Administrator and the Board. If any
portion of this Contract shall be declared invalid or unenforceable by a court of
competent jurisdiction, such declaration shall not affect the validity or enforceability
of the remaining provisions of this Contract.
The failure to return a signed copy of this Contract to the President or Secretary of the
Board of Education of the District on or before _______________, 2015 shall constitute a
rejection by the Administrator of the offer of employment.
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Executed this ___ day of __________, Executed this 8th day of June, 2015
2015.
________________________________ Board of Education of Dodge County School
____________, Administrator
District 0001, a/k/a Fremont Public
Schools
By:
_______________________
President
Attest: _______________________
Secretary
I:\533\21\001\Draft Contract 2-28-13.docx
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