Upload
chrishorne8
View
219
Download
0
Embed Size (px)
Citation preview
7/30/2019 Romain Dallemand Contract Extension
1/17
Execution Copy
EMPLOYMENT CONTRACT
between
BIBB COUNTY SCHOOL DISTRICT
and
ROMAIN DALLEMAND, Ed.D.
7/30/2019 Romain Dallemand Contract Extension
2/17
2
EMPLOYMENT CONTRACT
This Employment Contract ("Agreement") dated as of this __ day of December, 2012, is by
and between the Bibb County School District (hereinafter, referred to as the "District") and Romain
Dallemand (hereinafter, referred to as the "Superintendent''):
Recitals:
WHEREAS, The Board of Public Education for Bibb County (hereinafter, referred to as the
"Board") has offered to employ the Superintendent as the chief executive and administrative officer
of the District upon the terms and conditions set forth herein; and
WHEREAS, The Superintendent has accepted the Board 's offer of employment on the terms
and conditions set forth herein; and
WHEREAS, The parties have mutually agreed upon the following terms and conditions
relative to the Superintendents employment by the District.
NOW THEREFORE, in consideration of the agreements hereinafter set forth, and other good
and valuable consideration, the parties agree as follows:
1. Offer of Employment. The Board, pursuant to and in accordance with an action taken by the
Board at a meeting held on December 3, 2012, hereby offers to extend the employment of Romain
Dallemand as Superintendent of Schools of the District upon the terms and conditions set forth in this
Agreement.
2. Acceptance by the Superintendent. The Superintendent hereby accepts said offer of
employment and agrees to perform, to the best of his ability, the duties of the position. This
Agreement is made pursuant to O.C.G.A. 20-2-101 and does not confer any rights of continuing
employment or tenure.
3. Warranties and Representations of the Superintendent.
The Superintendent warrants and represents as follows:
(a) That he is duly licensed and qualified to serve as Superintendent of the District and that he
will meet any other requirements as may be required by law or the Rules of the Professional
7/30/2019 Romain Dallemand Contract Extension
3/17
3
Standards Commission, and the Georgia Board of Education (the "State Board").
(b) That Superintendent possesses all additional degrees, qualifications, certificates and other
requirements as may have been required by Board at the time of employment.
(c) That Superintendent has never been convicted of any offense involving a felony or any other
offense involving moral turpitude under the laws of any state or of the United States, or any foreign
country, including any first offender or nolo contendere dispositions.
(d) That Superintendent has never suffered revocation of any educational professional license or
certificate, nor voluntarily surrendered same where charges or potential charges were pending or
imminent.
(e) That Superintendent's driver's license has never been revoked or suspended for any reasons.
(f) That Superintendent can meet all bonding requirements of the contract and the laws of the
State of Georgia.
(g) That Superintendent has not entered into a contract or agreement that would prevent him from
accepting and performing this Agreement.
4. Term. The term of this Agreement shall commence on January 1, 2013, and will terminate on
December 31, 2015. This Agreement supersedes and replaces any and all Agreements in existence
upon commencement of the term of this Agreement.
5. Certification. Throughout the term of this Agreement, and any renewal hereof, the
Superintendent will furnish a valid and appropriate certificate issued by the State of Georgia
(hereinafter, referred to as the "State") agency to act as a Superintendent of schools in the State.
6. Duties and Responsibilities.
(a) During the Term of this Agreement, the Superintendent agrees to devote his full time, skill,
labor, and attention to his employment as Superintendent, and further agrees not to undertake any
other employment, whether compensated or on a voluntary basis, which is to be performed during the
term of this Agreement without the prior written consent of the Board, which consent will not be
unreasonably withheld.
(b) The official job description for this position is attached hereto as Exhibit A and incorporated
7/30/2019 Romain Dallemand Contract Extension
4/17
4
herein. In addition to the job description, the Board and Superintendent recognize that the
Superintendent has certain statutory duties under the provisions of O.C.G.A 20-2-101, et seq. The
Superintendent shall faithfully and diligently perform all duties, and shall assume all responsibilities
connected with his position as Superintendent as provided by law, regulations of the State Board, and
by the policies, rules and regulations of the District as the same may now exist or lawfully be
modified, amended, added to or changed in the future.
(c) The Board may, from time to time, prescribe additional duties and responsibilities for the
Superintendent; provided, however, that the Board shall not, without the Superintendent's written
consent, adopt any policy, by-law, or regulation which impairs or reduces the duties and authority
specified above; and provided, further, that all additional duties and responsibilities prescribed by the
Board are consistent with those normally associated with the position of Superintendent of schools in
the State of Georgia.
7. Board Referral. The Board, individually and collectively, shall promptly and discreetly refer
to the Superintendent for his study and recommendation, any and all criticisms, complaints,
suggestions, communications or comments regarding the administration of the District or the
Superintendent's performance of his duties.
8. Compensation.
(a) Base Salary. The Superintendent shall receive as compensation for his services an annual
base salary of $198,000.00 (i.e., which reflects no increase from the previous contract dated February
1, 2011) as of January 1, 2013, which salary shall be adjusted by the same percentage and at the same
time as any salary increases which may be enacted by the General Assembly, approved by the
Governor, and become effective during the term of this Agreement.
The base salary shall be paid to the Superintendent in monthly installments of one twelfth (1/12) of
the annual salary on the District's regular payday for his services rendered during the preceding
month. The parties may mutually agree to other and further salary adjustments during the term of thisAgreement, but in no event shall the Superintendent be paid less than an annual base salary of
$198,000.00. Any such additional adjustments in salary made during the term of this Agreement
shall be in the form of an amendment to this Agreement, but no such amendment shall be deemed to
be a new contract or to extend the term of this Agreement.
7/30/2019 Romain Dallemand Contract Extension
5/17
5
The payment of this base salary and the benefits set forth below is not guaranteed, but is
conditioned upon the actual receipt by the District of sufficient funds from the State of Georgia, the
United States, and Bibb County, both prior to and after the effective date of this Agreement.
If during the term of this Agreement it becomes necessary to reduce expenses because of theloss of funding relied upon by the District at the time of the adoption of each fiscal year's budget, the
Superintendent will be subject to the same furlough and/or salary reduction programs as is applied to
all other certificated employees of the District.
(b) Intentionally Omitted
(c) Tax Sheltered Annuity. The School District shall make contributions on a monthly basis,
during the Term of this Agreement, to the School District's 403(b) Plan at the maximum IRS rate
per month.
(d) Group Health Insurance. The District shall pay on a monthly basis, during the Term of this
Agreement, the Superintendent's premium for the Health Reimbursement Arrangement in the State
Health Benefits Plan for Employee+ Spouse+ Children.
(e) Automobile Allowance. The District shall pay the Superintendent an automobile allowance
for in-county travel in the amount of $800.00 per month during the term of this Agreement.
(f) Disability Insurance. The District shall provide the Superintendent with coverage under the
District's group disability insurance plan with a monthly benefit of $7,500.00 beginning ninety (90)
days following the commencement of disability up to age 65.
(g) Life Insurance. The District shall purchase a One Million Dollar ($1,000,000.00) term life
insurance policy on the life of the Superintendent to be owned by him each year during the term of
this Agreement. Alternatively, at the Superintendent's option, the District shall pay the cost of a One
Million Dollar ($1,000,000.00) level term life insurance policy on the life of the Superintendent, with
a term of twenty (20) years, which the Superintendent shall be entitled to continue at his own expense
after his employment with the District ends. After the Superintendent's employment with the District
ends, the District shall have no further obligation to continue payment under this provision of the
Agreement.
(h) Teacher's Retirement System. The District shall pay the Superintendent's portion of all
7/30/2019 Romain Dallemand Contract Extension
6/17
6
required contributions to the Teacher's Retirement System of Georgia. The amounts set forth in
paragraphs (b) through (f) are considered allowable compensation for the purpose of calculating
contributions to the Teacher's Retirement System.
(i) Taxes/ Withholding. The amounts set forth in paragraphs (c) through (f) will be added to theSuperintendent 's base salary for the purpose of making required withholdings for Social Security and
Medicare taxes and state and federal income taxes.
9. Benefits.
(a) Annual Leave. The Superintendent shall accrue Annual Leave at the rate of 3.25 days per
month. At the end of each fiscal year, any remaining Annual Leave shall be forfeited and the value of
such leave paid into the Superintendent's 403(b) Plan up to the contribution limit for that year, with
any excess paid to the Superintendent in cash. The value of such forfeited annual leave shall be at the
rate of 1/240th of his then current Base Salary.
(b) Sick Leave. The Superintendent shall retain the remainder of the thirty (30) days of sick leave
advanced pursuant to the previous contract dated February 1, 2011. The Superintendent shall be
advanced an additional thirty (30) days of sick leave benefits pursuant to this Agreement
commencing January 1, 2013 and will accrue additional days of sick leave benefits at the rate of
twenty (20) days per year beginning on January 1, 2013. Three (3) days per year of sick leave
benefits may be used for personal reasons. Upon expiration of the contract or termination of the
contract by either party, any accrued sick leave benefits shall be paid into the Superintendent's
403(b) Plan up to the contribution limit, with any excess paid to the Superintendent in cash. The
value of such forfeited sick leave shall be at the rate of 1/240th of his then current Base Salary.
(c) Cell Phone and Computer. The District will furnish the Superintendent with a cell phone and
a laptop computer.
(d) Other Benefits. The Superintendent shall be entitled to receive all other benefits which now
are, or which during the term of this Agreement may hereafter be received by any other 240-day
certificated employee of the District, including but not limited to, dental, disability, life and other
forms of insurance protection; personal leave; and other employee benefits. Such benefits shall be
provided to at least the same extent and amount as such benefits are provided to other 12-month
7/30/2019 Romain Dallemand Contract Extension
7/17
7
District employees.
Upon termination of this Agreement by the Board, the Superintendent shall receive a full
year's annual base salary and benefits (i.e., health, dental, vision, disability, life and other forms of
insurance protection; annuity; and other employee benefits).
Upon expiration or termination of this Agreement by either party without cause, the
Superintendent shall receive a severance of $70,000.00 for every year of service to the District.
In the event of the termination of this Agreement, payments made under this provision will be
made in exchange for full settlement and release of any past, present or future claims the
Superintendent may have at the time of termination.
10. Professional Development and Business Expenses. The District encourages the continuing
professional growth of the Superintendent through his participation as he might desire in light of his
duties as Superintendent of Schools in the operations, programs, and other activities conducted or
sponsored by local state, and national school administrator and school board associations, seminars
and courses offered by public or private educational institutions, and informational meetings with the
state Superintendent of Schools, the State Department of Education, and the Georgia School
Superintendents Association. The expense of attendance at all such programs, meetings, and
seminars shall be borne by the District within the limits established in Paragraph 11 below.
11. Expense Reimbursement. The Superintendent is authorized to incur reasonable expenses in
the discharge of his duties, including but not limited to expenses for travel and lodging outside Bibb
County (i.e., nationally and/or internationally); professional association dues and fees; attendance at
professional conferences and meetings on international, national, state, and local levels, civic club
and chamber of commerce dues and similar items related to his employment. The District will
reimburse the Superintendent for all such expenses upon presentation of an itemized account of such
expenditures. Such expenditures shall be in compliance with Board policy. Reimbursement for the
expense of membership and/or dues in appropriate civic and professional organizations and clubsshall not exceed $2,500.00 per fiscal year.
12. Evaluation. By no later than August 15 during each year of this Agreement, the Board shall
devote at least a portion of one executive session meeting to an evaluation of the Superintendent's
7/30/2019 Romain Dallemand Contract Extension
8/17
8
performance. The Superintendent shall be provided with a copy of the written evaluation at least ten
(10) days prior to the executive session.
The Superintendent, in consultation with the Board, shall guide and direct the process of
implementing the comprehensive strategic plan for the District entitled the "Macon Miracle" attachedhereto as Exhibit B, as may be amended or modified, and incorporated herein (the "Macon Miracle").
The Superintendent shall establish annual goals for the District based on the District's priorities of
student achievement, school safety, budget management and community collaboration. For the first
two years of implementation of the strategic plan, the Superintendent's performance evaluation shall
be based exclusively on implementation of the strategies and action steps contained in the Macon
Miracle. In subsequent years, the Superintendents performance evaluation shall be based on
implementing the strategies and action steps in the Macon Miracle and achieving outcomes annually
established by the Board.
The Board and Superintendent agree to work cooperatively in order to successfully achieve
the intended outcomes as stipulated in the Macon Miracle. Both parties recognize that to be
successful sufficient resources of money and personnel must be allocated to implement the goals.
The Board will, during the term of this Agreement, give the Superintendent discretion with respect to
staffing the positions comprising the Superintendent's cabinet subject to the requirements ofO.C.G.A.
20-2-211(a). The parties also recognize that events beyond the control of either party could have an
adverse impact on goal implementation.
In the event the Board determines that the performance of the Superintendent needs
improvement in any area of the Superintendent's duties and responsibilities, it shall describe in its
written evaluation the unsatisfactory performance or areas needing improvement and include
recommendations or directives as to how the Superintendent shall improve his performance.
The Superintendent shall have the right to write a response to the evaluation to be included as
an attachment to the evaluation and included in the Superintendent's personnel file. The performance
evaluation shall be kept confidential by the Board members. If after the annual evaluation conducted
in 2015 the Board determines not to offer the Superintendent a renewal of this Agreement, it will so
notify the Superintendent no later than September 15, 2015.
13. Performance Goals. The Superintendent may select to request a performance bonus
7/30/2019 Romain Dallemand Contract Extension
9/17
9
based on achievement of established performance goals. The performance bonus will be mutually
agreed upon by the Board and the Superintendent. Performance goals can be based upon:
(a) Progress toward meeting state academic requirements and Board standards;
(b) Professional and leadership development opportunities for all staff and the
preparation of new leaders to fill site and central office openings;
(c) Effective community relations and regular communications to community stakeholders;
(d) Courteous and professional communications between the Board and the Superintendent in the
advancement of the business of the District;
(e) Professional relations between the Superintendent and the District's employees and
demonstrated accessibility of the Superintendent's office to address employee concerns and receivetheir input;
(f) Maintenance of high level of accuracy and effective controls of business and financial affairs
of the district; and
(g) Accuracy and availability of district data.
14. Medical Certification. A statement from a licensed physician of the Superintendents choice,
certifying to the ability of the Superintendent to perform the essential functions of his position, with
or without reasonable accommodation, shall be filed with the President of the Board and treated as
confidential information by the District on an annual basis.
15. Termination. This employment Agreement may be terminated by:
(a) Mutual Agreement of the parties.
(b) Retirement of the Superintendent pursuant to the Teachers' Retirement System of Georgia.
(c) Suspension or Removal for Cause. The Superintendent may be removed from office prior to
the expiration of the term of this Agreement by a majority vote of the quorum of the Board for:
(1) Incompetency;
(2) Insubordination;
7/30/2019 Romain Dallemand Contract Extension
10/17
10
(3) Willful neglect of duties;
(4) Immorality;
(5) Inciting, encouraging, or counseling students to violate any valid state law, municipal
ordinance, or policy or rule of the Board or the State Board;
(6) Failure to secure and maintain necessary educational training;
(7) Failure of Superintendent to obtain, earn, receive, possess, acquire and maintain in full
force and effect all professional certificates and other educational requirements and endorsements
required by law, the Board, this Agreement, the Professional Standards Commission, or the State
Board as now existing or as may reasonably be required hereafter;
(8) Failure to comply fully with any of the representations and warranties set forth herein;
(9) Making false or incorrect representations in the application of employment or under
the representations and warranties contained herein;
(10) Inability of Superintendent to be bonded as may be required by Board Policy or State
law existing or hereafter required; or
(11) Any other good and sufficient cause.
The Superintendent shall be given: (i) a hearing on the charge or charges preferred against
him; (ii) ten (10) days written notice of the time and place of the hearing containing a brief general
statement and enumeration of the charge or charges; and (iii) upon request, compulsory process
issued by the Board requiring the attendance of witnesses and the production of documents and other
papers as provided by law. The hearing shall be conducted by the Board or a tribunal panel appointed
by the Board in the same manner as provided for in O.C.G.A 20-2-940(e)(1). Except as otherwise
provided herein, the hearing will be conducted in accordance with the Georgia Fair Dismissal Act.
Any legal expenses of the Superintendent in connection with a successful removal action shall
be borne by the Superintendent.
Criticisms or complaints which have not been previously forwarded to the Superintendent in
writing that comply with the requirements of Paragraph 7 hereof shall not be admissible in a
termination proceeding against the Superintendent.
7/30/2019 Romain Dallemand Contract Extension
11/17
11
If the charges against the Superintendent are not sustained at a termination proceeding or after
any appeal therefrom, the District shall reimburse the Superintendent for his reasonable attorney's
fees and expenses incurred by the Superintendent in the proceeding.
Upon termination pursuant to this Paragraph 15(c), the Board's obligation to theSuperintendent under the terms of this Agreement shall immediately cease and terminate as of the
effective date of the termination of the Superintendent's employment, and the Superintendent shall
not be entitled to receive any further compensation, except as otherwise provided in Paragraph 9(d)
above.
(d) Suspension or Removal Without Cause. The Superintendent may be removed from office
prior to the expiration of the Term of this Agreement by a majority vote of the quorum of the Board.
16. Indemnification. The District agrees that it shall defend, hold harmless and indemnify the
Superintendent from and against any and all demands, claims, suits, actions and legal proceedings
(including attorney's fees) brought against the Superintendent in his individual capacity or in his
official capacity as an agent and employee of the District, provided that the claim or suit arose while
the Superintendent was acting within the scope of his employment, but excluding criminal matters;
except that in no event will individual Board members be considered personally liable for
indemnifying the Superintendent against such demands, claims, suits, action or legal proceedings.
The provisions of this Paragraph 16 shall expressly survive the expiration or termination of this
Agreement.
17. Written Agreement. This Agreement shall continue in full force and effect for the term
provided herein unless otherwise terminated, modified, or extended by an agreement in writing
between the parties.
18. Severability. The invalidity or unenforceability of any provision hereof shall in no way affect
the validity or enforceability of any other provision.
19. Miscellaneous. The Superintendent shall fulfill all aspects of the Agreement, any exceptions
thereto being by mutual consent of the District and the Superintendent. Failure to fulfill the
obligations of this Agreement will be viewed as a violation of the Administrator's Code of Ethics, and
will be reported by the Board to the appropriate associations of school administrators, the
7/30/2019 Romain Dallemand Contract Extension
12/17
12
Professional Standards Commission and the State Board.
20. Representation. Each party to this Agreement acknowledges and agrees that Hall Booth
Smith, P.C. and its attorneys and staff (the "Firm") prepared and revised this Agreement on
behalf of and in the course of representation of the District and the Board. The Superintendentacknowledges that he has not relied on any advice or counsel from the Firm in reviewing this
Agreement and in deciding to enter into this Agreement. Additionally, the Superintendent
acknowledges and agrees that he has been advised by the Firm that this Agreement may have
certain tax consequences and that the Firm has advised him to seek the advice of independent
counsel, including a tax accountant, and that he has had an opportunity to seek such advice as
he deemed necessary.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
7/30/2019 Romain Dallemand Contract Extension
13/17
13
The parties have hereby executed and entered into this Agreement, effective as of the date stated in
the introductory clause.
BIBB COUNTY SCHOOL DISTRICT
________________________________________By: Tommy Barnes, PresidentBoard of Public Education for Bibb County
Attest:
_________________________________________By: Lynn Farmer, SecretaryBoard of Public Education for Bibb County
_________________________________________Romain Dallemand, Ed. D.
7/30/2019 Romain Dallemand Contract Extension
14/17
x t
7/30/2019 Romain Dallemand Contract Extension
15/17
Exhibit A (cont.)
7/30/2019 Romain Dallemand Contract Extension
16/17
Exhibit A (cont.)
7/30/2019 Romain Dallemand Contract Extension
17/17
Exhibit B
Macon Miracle comprehensive strategic plan to be attached.