Superintendent Contract

Elm Creek Superintendent Contract 2021-2022.pdf

ELM CREEK PUBLIC SCHOOL DISTRICT

SUPERINTENDENT'S CONTRACT

THIS CONTRACT is made by and between the Board of Education of the Buffalo County School

District 10-0009, a/lit, Elm Creek Public Schools, hereinafter referred to as "the Board," and Dr. Bret

Schroder, hereinafter referred to as "the Superintendent."

WITNESSETH: That in accordance with action taken by the Board as recorded in the minutes of

the Board meeting held on the 14th day of December, 2020, the Board hereby agrees to employ the

Superintendent, and the Superintendent 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 2021,

and expiring on the 30th day of June 2024. References in this Contract to "contract year" shall mean

the period of July 1 to June 30.

i) The Board shall, at or before its regular Board meeting in December of 2021 and each

subsequent contract year, notify the Superintendent of the Board's offer of continued

employment and of the terms of such continued employment The Superintendent shall accept

or deny such contract offer at or before the regular Board meeting in January.

2) Salary. The annual salary for the 2021-2022 contract year shall be ONE HUNDRED THIRTY-SIX

THOUSAND EIGHT HUNDRED FORTY DOLLARS ($136,840.00); and, the annual salary for the

2022-2024 contract years to include an increase of no less than 2.5% on the base salary as determined by

the Board and Superintendent subject to the provisions of paragraph 2.c. below.

a) The annual salary shall be paid in equal installments in accordance with the policy of the Board

governing payment of certificated employees of the District

b) In the event that the Superintendent is elected to any other office or offices of the Board of

Education or in connection with the District, the Superintendent shall perform the duties of such

other office or offices without remuneration other than that as provided in this Contract

c) The Board reserves the right to adjust the annual salary during the term of this Contract, said

salary adjustment, however, not to reduce the annual salary to any lesser amount than that as

above stated. Any adjustment in salary made during the term of this Contract shall be in the form of

an amendment and shall become a part of this Contract; provided, however, that in making any such

salary adjustment, it shall not be considered that the Board has entered into a new Contract, nor shall the

termination date of this Contract be thereby extended unless the Board, by specific action, shall expressly

extend such termination date. In no event shall any such extension, together with the unexpired term

of this Contract or any prior extension, be for a period in excess of three (3) years.

d) This Contract shall conform to the regulations governing deductions with reference to Withholding Tax,

Social Security and School Employees' Retirement Act. Other deductions may be withheld as agreed

to by the parties to this contract.

3) Benefits. As further consideration for the services to be performed by the Superintendent, it is agreed as

follows:

a) Leave Benefits. Paid leave is available to the Superintendent when the following specific conditions

are met:

1. The Superintendent is currently employed by the District and 2. the paid leave day is taken on

a day the Superintendent would otherwise be expected to be at work.

(a) Vacation. The Superintendent shall be allowed fifteen (15) working days of vacation

leave during each contract year. The superintendent may elect to use a vacation day or

days anytime during the school year when school is not in session, all other vacation

time is to be used during the summer.

(b) Carry-over and Accumulation of Vacation Days. Vacation is to be used during each

contract year. Vacation days are to be used in the contract year in which it becomes available.

There is no carry-over or accumulation of unused vacation leave from one contract year to

another contract year. At the end of each contract year the superintendent will be

reimbursed up to five (5) unused vacation days at the effective daily rate of pay in such

contract year. Any unused or un-reimbursed vacation days remaining from a prior

contract year shall be subtracted from the number of vacation days the Superintendent

has for the following contract year, such that the total vacation days at the beginning of

each contract year be fifteen (15) days. Upon ending employment, unused vacation days

available in the final contract year will be paid at the effective daily rate of pay.

2. Sick Leave, The superintendent shall be entitled to twelve (12) contract days of sick leave the

first year of employment as of the first official day included in the initial contract of

employment and twelve (12) contract days of each succeeding year accumulative to forty-five

(45) days.

a. Carry-over and Accumulation of Sick Days. A maximum of forty-five (45)

days of sick leave may be accumulated.

3. Personal Days. The superintendent shall be entitled to four (4) days of personal leave.

Personal days not used will be paid to the superintendent at the "substitute daily rate" in

effect for each contract year as set forth in Board of Education policy. The reimbursement will

be made in the final check of the contract year.

4. Holidays. The following days shall be holiday days and not working days: Labor Day

Thanksgiving Day, Friday following Thanksgiving, Christmas Day, day following Christmas, New

Years Day, one-half day on New Year's Eve, Good Friday, Memorial Day and July 4°. Provided that

should an identified holiday fall on a weekend day, the Superintendent may elect to take either the

first working day before or after the holiday as an off duty day.

5. Log. The Superintendent shall maintain a current log of used vacation, personal and sick leave

days with the President of the Board of Education, or his or her designee.

a. Health and Dental Insurance. The District shall pay for and provide the Superintendent

with health and dental insurance for which the Superintendent is qualified under the

District's group insurance plan on the same terms as that which is provided to

certificated employees in accordance with the negotiated agreement between the

District teacher’s association.

b. Long Term Disability. The District shall pay for and provide the Superintendent with

disability insurance consistent with that provided for other certificated employees for

which the Superintendent is qualified under the District's disability insurance plan.

c. Meetings and Dues. The Superintendent shall attend appropriate professional

meetings at the local, state and national levels provided that such attendance does not

interfere with the proper performance of Superintendent's duties. The reasonable and

necessary expenses of such meetings shall be reimbursed by the District consistent with

Board policies. In addition, the District shall pay the Superintendent's annual dues to the

Nebraska Council of School Administrators and may pay dues to other professional

organizations suitable for the Superintendent's position upon the Superintendent's

request

d. Transportation Expenses. Any reasonable and necessary expenses of transportation

required in the performance of Superintendent's official duties shall be reimbursed at

the rate set annually by the Board for District travel.

e. Indemnification. The District shall, to the extent permitted by law, defend, hold

harmless, and indemnify the Superintendent from any and all demands, claims, suits,

actions, and legal proceedings brought against the Superintendent in the

Superintendent's individual capacity or the Superintendent's official capacity as an agent

or employee of the District, provided that the incident arose while the Superintendent

was acting (or, in good faith, reasonably believed that the Superintendent was acting)

within the scope of the Superintendent's employment with the District and the District

is not in an adverse position in the legal proceedings.

f. Other Benefits. The Superintendent may be provided such other benefits as are

provided to certificated employees of the District in the Board's discretion, except as

otherwise provided herein, provided the Superintendent meets the conditions and

eligibility requirements for such benefits.

4) Duties. The Superintendent is employed as the Superintendent for the District. The

Superintendent shall perform the duties of such positions as are regularly and customarily expected

for such positions and such duties and responsibilities as are set forth in Board Policy or Regulation for

such positions. The Superintendent shall be subject to such other duties as the Board may assign from

time to time. The Superintendent agrees to devote full time to the assigned duties, provided that with

the advance agreement of the Board of Education, the Superintendent may undertake consultative

work, speaking engagements, writing, lecturing or other professional duties.

In performing the assigned duties, the Superintendent shall be governed by the policies, regulations

and directions of the Board of Education. The Superintendent shall in all respects diligently and

faithfully perform the assigned duties to the best of the Superintendent's professional ability. Regular

dependable attendance at meetings of the Board and committees of the Board and other assigned

duties is an essential function of the Superintendent's position.

5) Residency/Domicile in School District. The Superintendent shall maintain his or her domicile

and residence within the boundaries of the District during the term of this agreement, or any

renewal, amendment, or continuation thereof, except as otherwise provided herein. It is the

purpose of this paragraph to require the Superintendent to, at all times during such employment,

live and maintain his or her domicile and principal place of residence in the district to encourage

the Superintendent: (1) to be highly motivated and deeply committed to the district’s educational

system; (2) to speak to and vote on ballot issues affecting the district as a legal voter of the district;

(3) be involved in school and community activities bringing him or her in contact with parents and

community leaders and be committed to the future of the district and its schools; (4) to be

accessible to parents and students, and allow parents and students to become personally

acquainted with the Superintendent; and

(5) to gain sympathy and understanding for the cultural basis of the community, and the social,

economic, and environmental problems of the children of the school community and are thus less

likely to be considered isolated from the community in which he is the educational leader.

6) Board-Superintendent Relationship. The Board shall have primary responsibility for

formulating and adopting Board policy. The Superintendent shall be the chief administrative officer

for the District, and shall have primary responsibility for implementation of Board policy. The

Superintendent shall be responsible for development of policies for adoption by the Board and for

development of regulations and rules consistent with Board policy. In the absence of Board policy on

matters which require prompt action, the Superintendent shall have the authority to act using the

Superintendent's professional judgment and consistent with legal requirements; provided that the

Superintendent 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 Superintendent for

action study or recommendation, as appropriate.

7) Evaluation of the Superintendent. The Superintendent shall be evaluated each contract year and may

be evaluated more frequently in the discretion of the Board. The Superintendent shall receive a copy

of the evaluation and shall have the right to submit a written response to the evaluation; which

response shall be placed in the Superintendent's personnel file. The Superintendent shall notify the

President of the Board to remind the Board of the need to evaluate.

8) Contract Termination. In the event the Superintendent violates any of the provisions of this

Contract or performs any act or does anything which is materially harmful to the District, or which

substantially inhibits the Superintendent's ability to discharge the duties as set forth herein,

including, but not limited to (1) becoming legally disqualified to perform as a superintendent or

principal in the State of Nebraska; (2) participation in any fraud; (3) causing any intentional damage

to property; (4) engaging in any unlawful act; (5) any representations in this Contract being

determined to be false or incorrect; (6) failure to return a Renewal Agreement by the required date,

provided that such date not be prior to March 15 of the final year of the Contract or any extension of

the Contract term; and (7) just cause, including: (a) incompetency, which includes, but is not limited

to, demonstrated deficiencies or shortcomings in knowledge of subject matter or teaching or

administrative skills; (b) neglect of duty; (c) unprofessional conduct; (d) insubordination; (e)

immorality; (t) physical or mental incapacity; (g) failure to give evidence of professional growth as

required by law; or (h) other conduct which interferes substantially with the continued performance

of duties; then the Superintendent may be discharged in accordance with applicable law. Suspension

or other disciplinary action may be enforced in accordance with applicable law. 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 days of service to

the date of such termination bears to the days of service remaining in the term of the Contract at the

time termination occurs. Any portion of the salary paid, but not earned, prior to the date of termination

of this Contract and any sums owing to the District by the Superintendent, shall be set off from sums

due to the Superintendent and, if the sums owed to the District are in excess of the sums due the

Superintendent, the amount owing shall be immediately refunded by the Superintendent.

i) The Board of Education may require a certificate of health and physical fitness of

Superintendent in accordance with applicable law at any time while the Contract is in force.

Should the Superintendent be unable to perform the Superintendent's duties by reason

of mental or physical capacity or any reason beyond the Superintendent's control, and

said disability exists for a period exceeding the Superintendent's sick leave allowance,

the Board of Education may, in its discretion, make a proportionate reduction from the

salary and benefits, and if such disability continues or is permanent, or of such nature as

to make the Superintendent unable to perform essential functions of the positions for

which the Superintendent is employed, the Board of Education may, at its option,

terminate this agreement whereupon the respective duties, rights and obligations hereof

shall terminate.

9) Representations and Legal Requirements. The Superintendent affirms that: (1) the

Superintendent 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 (2) the required certificate to perform the assigned duties shall be

registered as required by law it being understood and agreed that this contract is not valid until

the required certificate is registered in accordance with law and that the Superintendent shall

not be compensated for any services performed prior to the date of registration of this

certificate; and (3) the Superintendent is not under contract with another board of education

within the State of Nebraska covering any part of or all of the same time of performance as

provided for in this Contract.

i) The Superintendent further warrants and represents as follows: (1) all information set forth in

the Superintendent's application for employment and other information provided by the

Superintendent in seeking employment are true and accurate, and if said information ceases to

be true, Superintendent will advise the Board of Education immediately; (2) Superintendent

has never been convicted or plead no contest or 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) Superintendent 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.

ii) There shall be no penalty for release or resignation by the Superintendent from this Contract;

provided no resignation shall become effective until expiration of the remaining term of the

Contract unless the Board fixes an earlier effective date. This Contract is subject to provisions

of the School Employees' Retirement Act.

10) 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.

11) Amendments & Severability. This Contract may be modified or amended only by a writing duly

authorized and executed by the Superintendent 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 shall constitute a rejection by the Superintendent of the offer of

employment.

Executed this 14th day of December 2020.

Dr. Bret Schroder, Superintendent

Executed this 14th day of December 2020

Board of Education of Buffalo County School

District 10-0009 a/k/a Elm Creek Public Schools.

By: ______________________________________________________

President

Attest: ___________________________________________________

Secretary