SUPERINTENDENT OF SCHOOLS Employment Contract Willington Board of Education

It is hereby agreed by and between the Board of Education of the Town of WILLINGTON, CONNECTICUT (hereinafter called the Board) and Mr. David Harding (hereinafter called the Superintendent) of Tolland, CT, that the said Board, in accordance with its action by election pursuant to Section 10-157 of the Connecticut General Statutes, by election on the______ day of January, 2007, has and does hereby employ the said Mr. David Harding as Superintendent of Schools of WILLINGTON and that Mr. David Harding hereby accepts full-time employment as Superintendent of Schools of WILLINGTON upon the terms and conditions hereinafter set forth. Mr. Harding agrees to devote his full work energies to this position and to discharge the duties of Superintendent of Schools to the best of his ability. The effective date of such appointment shall be July 1, 2007, and Mr. Harding shall commence his duties as Superintendent as of that date. 1. DUTIES The Superintendent of Schools is the chief executive officer of the Willington School District. In harmony with the policies of the Board of Education, state and federal laws, and State Board of Education regulations, the Superintendent has executive authority over the school system and the responsibility for its supervision. He has the general authority to act at his discretion, subject to later approval by the Board of Education, upon all emergency matters and those as to which his powers and duties are not expressly limited or are not particularly set forth. He advises the Board on policies and plans that the Board takes under consideration, and he takes the initiative in presenting to the Board policy and planning issues for the Boards attention.

Superintendent of Schools Employment Agreement The Superintendent or his designee as approved by the Board of Education shall attend all meetings of the Board of Education and shall participate in all Board deliberations where his opinion and/or testimony is needed, except when matters relating to his own employment are under consideration. The Superintendent or his designee as approved by the Board Chair may also be required to attend committee meetings when directed to do so by the Board Chair or designee. The Superintendent retains the right to have a discussion of matters relating to the Superintendents own employment take place in public, should he so choose. In addition to the duties set forth in this Agreement, the duties of the Superintendent shall be those specified by statutes and regulations of the State of Connecticut and the United States and those set forth in the Superintendent of Schools job description attached as Addendum A to this contract. 2. OUTSIDE PROFESSIONAL ACTIVITIES By agreement with the Board, and after advance notice to and approval of the Board Chair or designee, the Superintendent may undertake consultative work, speaking engagements, writing, lecturing or other professional duties and obligations. Such activities will not interfere with the performance of his duties as Willington Superintendent of Schools. 3. TERM OF CONTRACT EXTENSION PROCEDURES The term of employment under this Agreement is July 1, 2007 to June 30, 2010. The Superintendent and the Board of Education agree that they shall adhere to the following procedures if they desire to extend the Superintendents employment under this contract for an additional period of time: During the sixty (60) day period immediately prior to June 30, 2008, and again during the sixty 60 day period immediately prior to June 30, 2009, and in the event of an extension of this contract, during the sixty (60) day period immediately prior to June 30 of each year thereafter, the Board shall vote upon whether or not in its discretion to agree to a one-year extension of this Agreement beyond its then-remaining term. In the event of any such extension, a new

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Superintendent of Schools Employment Agreement contract shall be executed between the parties, which may be in the form of a contract extension agreement or memorandum. Should the Board for any reason decline to extend the Agreement, it shall automatically expire as of its expiration date and the Superintendent shall cease to occupy his position as of that date. At least three (3) months prior to June 30 of each year of this Agreement, the Superintendent shall inform the Board in writing of this contract clause. In the event a new agreement is entered into, the time remaining under the old contract shall be incorporated into the new contract. At no time shall the Superintendent be under contract or contracts to the Board for a period greater than three (3) years. Anything in this paragraph to the contrary notwithstanding, the provisions of Section 8, Termination, shall take precedence and the Superintendents employment may be terminated under the provisions of said Section. 4. COMPENSATION a. Beginning July 1, 2007, for the period of July 1, 2007 June 30, 2008, the base

salary of the Superintendent shall be at an annual rate of $119,000 (ONE HUNDRED NINETEEN THOUSAND DOLLARS), paid in periodic installments according to the same pay schedule as is applicable to other administrators employed by the Board. Thereafter, and for each year during which this contract is in effect or may be extended, the Board and the Superintendent shall meet at least one hundred and twenty (120) days prior to June 30 for purposes of negotiating the Superintendents salary for the subsequent school year. Any

adjustment in salary made during the life of this contract shall be in the form of an amendment and shall become part of this contract. It is provided, however, that by so doing it shall not be considered that the Board of Education has entered into a new contract with the Superintendent nor that the termination date of the existing contract has been extended. Under no

circumstance shall the salary for subsequent years be less than the salary for the previous year unless mutually agreed by both parties in writing.

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Superintendent of Schools Employment Agreement b. The Board shall annually pay an additional amount equal to seven and one

quarter percent (7.25%) of the amount set forth as base salary in 4.(a), above, as additional compensation to the Superintendent. This money will be paid directly to the Connecticut

Teachers Retirement System (TRS) on behalf of Mr. Harding, representing his required annual contribution to the TRS. Should for any reason the TRS require that this money be paid directly by Mr. Harding, the funds shall be paid directly to him for contribution by him to the TRS. This payment shall not be considered as part of the Superintendents base salary. c. In addition, the Board shall, as a fringe benefit, annually provide a tax-sheltered

annuity in the amount of five per cent (5%) of the Superintendents base salary, to be contributed to an annuity designated by the Superintendent in writing. This payment shall not be considered as part of the Superintendents base salary. d. Compensation for the Superintendents services for any period that employment

is renewed under the provisions for Section 3 shall be negotiated and agreed to in writing by the Board and the Superintendent prior to the commencement of the new contract term. 5. FRINGE BENEFITS AND WORKING CONDITIONS a. The Board of Education shall provide the Superintendent with twenty (20) sick

days annually, beginning July 1 of each year, to be used for legitimate illnesses. Immediately upon his initial employment in 2007, the Superintendent shall be credited with an additional twenty (20) sick days which he may use in the event of legitimate illness. Further, an additional forty (40) sick days will be available to the Superintendent in this original (2007-2010) contract only, making for a total of eighty (80) sick days available to the Superintendent as of July 1, 2007. The 40 additional sick days are to be used in the event his initial accumulation of 40 sick days as of July 1, 2007 plus any additional annual sick leave days are exhausted. These 40 additional sick days are granted during the term of this contract only, and will not be available for future use or for sick leave payout purposes. They will be deducted from the Superintendents accumulated sick leave as of June 30, 2010. Sick days may be accumulated

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Superintendent of Schools Employment Agreement up to a maximum of 200 days. Upon retirement from the education profession under the

Connecticut Teacher Retirement system, the Superintendent, provided he has accumulated five (5) years or more of service in the Willington Public Schools as of retirement, shall receive an amount equal to the number of his accumulated sick leave days at date of retirement, not to exceed 200 days, at one-half (1/2) the per diem rate of pay based on the base salary in the last year of employment prior to retirement. b. The Board of Education shall provide the Superintendent with thirty (30) vacation

days annually, exclusive of legal holidays, beginning July 1, 2007, and each succeeding July 1 during this contract. Such vacation will be taken within the twelve months of the year in which it is provided, with the exception that a maximum of up to ten (10) unused vacation days may be carried over from one year to the next, provided that the Superintendent may never have more than forty (40) days of accumulated vacation leave at any one time. At the time of employment cessation for any reason, the Superintendent will be paid for any accrued unused vacation days in the current year plus any unused accumulated days, up to a maximum of forty (40) at the daily rate of 1/260th of the annual salary times the number of accrued unused vacation days. In the event of death, any unused and accumulated vacation days will be paid to the Superintendents estate at the same rate of pay. Except in emergency situations, the

Superintendent will notify the Board Chair or designee within a reasonable period of time in advance of his intention to take more than two vacation days in a row; but prior approval of the Board Chair or designee shall be required before the Superintendent is absent on vacation for more than one consecutive week. c. The Board will provide the Superintendent and his eligible dependents with the

same health-dental insurance benefits provided to other Willington school administrators. The premium share contribution to be made by the Superintendent shall be on an 80/20 basis, with the Superintendent contributing 20% of the total cost of the health-dental insurance via payroll deduction pursuant to a Section 125 pre-tax contribution. The Superintendent may elect to

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Superintendent of Schools Employment Agreement waive such coverage and, in lieu thereof, to receive a payment of thirty-three (33%) percent of the cost of the total annual premium, but not less than $4,500. Payment in lieu of coverage will be spread over twenty-six (26) payments. Where there is a change in the Superintendents status such as, but not limited to, change in the spouses employment or changes in a spouses benefit program, the waiver may be revoked, by written revocation of the waiver to the Board of Education. Upon receipt of revocation of the waiver, reinstated coverage by the insurance carrier shall be subject to any regulations or policy restrictions, including waiting periods, which may then be in effect. Depending upon the effective date of resumed coverage, appropriate financial adjustments shall be made between the Superintendent and the Board so as to ensure the prorated basis (80/20) was accurate. d. The Board shall allow the Superintendent to participate in its Internal Revenue

Code Section 125 pre-tax premium conversion account, as well as the Boards Section 125 flexible-spending arrangement for other medical expenses, up to a maximum of $1,500 under a salary reduction agreement. The ongoing administrative costs, as charged by the program administrator, shall be the responsibility of the Superintendent under the flexible spending plan, to be deducted from the first paycheck of the plan year. e. The Superintendent of Schools shall be reimbursed for reasonable and

customary out-of-pocket expenses incurred in the performance of his professional duties on submission of written itemized expense vouchers. These expenses shall be paid out of a line item name and amount to be agreed upon in the yearly budget. f. The Board shall provide for $100,000 of term life insurance for the

Superintendent during the term of this Agreement, until June 30, 2010, or until the Superintendent leaves his position, whichever is sooner. g. The Board agrees to reimburse the Superintendent for all his travel expenses

incurred in the performance of his duties under this contract, and agrees that for the use of his own automobile on school-related business, within state, that in lieu of itemized per mile

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Superintendent of Schools Employment Agreement reimbursement, he shall receive as such reimbursement the sum of $150 per month. For use of his own automobile outside the state on school business, he shall be reimbursed at the current Internal Revenue Service rate per mile on itemized vouchers to be submitted by him. h. The Board shall provide the Superintendent with eight (8) professional days with

pay per contract year, which shall be defined as full days out of the district for conferences, workshops, and educational meetings relevant to his professional position, to be used at his discretion. Except in emergencies, the Superintendent shall notify the Board Chair or designee in advance of his intention to take more than two consecutive professional days. Superintendent may request additional days through the Board or the Board chair. The All

conferences or workshops attended by the Superintendent shall be paid for out of the budget line item Superintendent Conferences/Workshops, including CAPPS and CABE, with the amount to be determined each budget cycle, but not less than twenty four hundred dollars ($2400) by the Board and the Superintendent, provided that the annual budget must be approved by the Board. Professional days shall not accumulate or carry over from year to year. i. The Board shall provide the Superintendent with five (5) personal days per year

and up to five (5) days bereavement leave for death in the immediate family. To the extent possible under the circumstances, advance notice of personal days shall be provided by the Superintendent to the Chair or designee. Personal days and bereavement leave shall not accumulate or carry over from year to year. j. The Board of Education shall provide the Superintendent with up to 120 days of

salary continuation, less any funds received from workers compensation, for absence due to an accident arising out of his employment with such absence not chargeable to sick leave accumulation. If the absence continues after said 120 days, the Superintendent will begin to receive sick pay, less workers compensation payments received, up to his accumulated number of sick days.

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Superintendent of Schools Employment Agreement k. The Willington Board of Education shall provide the Superintendent with a

cellular phone and service at a cost to the Board not to exceed $30 per month. l. Other normal expenses incurred in the performance of his duties under this

contract not specifically mentioned above will be reimbursed on submission of itemized expense vouchers, provided the Superintendent has secured prior approval of the Board. The Board may, at its discretion, reimburse the Superintendent for additional expenses incurred in attendance at national and local meetings and conferences, also provided that there was prior approval by the Board. m. The Board of Education shall pay the full cost of the Superintendent maintaining

professional association memberships in CAPSS, AASA, ASCD and Phi Delta Kappa. 6. EVALUATION FORMAT The Board shall evaluate and assess in writing the performance of the Superintendent at least annually during the term of this Agreement. Said evaluation and assessment shall be reasonably related to the goals and objectives of the district for the year in question. Not later than October 1 of each year, the Superintendent shall submit to the Board in writing a recommended format for said written evaluation and assessment of his performance (hereafter evaluation format). The evaluation format shall be reasonably objective and shall contain at least the following criteria: Board-Superintendent relations, community relations, personnel relations, educational program, business matters, professional leadership, and personal qualities. The evaluation format shall provide for a rating system both as to overall performance and as to the specific criteria set forth in the evaluation format. The Board shall meet and discuss the evaluation format with the Superintendent and attempt in good faith to agree on the development and adoption of a mutually agreeable evaluation format. The Board shall adopt an evaluation format within 90 days of the

commencement of each year of this agreement. 7. EVALUATION

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Superintendent of Schools Employment Agreement The Board shall evaluate the Superintendent pursuant to the established evaluation format during the period between April 15 and June 15 each year during the term of this agreement. The evaluation discussion that is part of the formal evaluation process shall be in executive session unless the Superintendent requests that it be in public session. In the event that the Board determines under the evaluation format, that the performance of the Superintendent is deficient in any respect, it shall describe in writing in reasonable detail, indicating specific instances where appropriate, said deficient performance. The evaluation shall include recommendations as to areas of improvement in all instances where the Board deems performance to be deficient and all other instances where the Board deems such to be necessary or appropriate. A copy of the written evaluation shall be delivered to the

Superintendent within 30 days of its completion and the Superintendent shall have the right to make a written reaction or response to the evaluation which shall become a permanent attachment to the evaluation. Within 30 days of delivery of the written evaluation to the

Superintendent, the Board shall meet with the Superintendent to discuss the evaluation. Whenever the Board has evaluated performance, in whole or in part, to be deficient, the Chair of the Board shall appoint a committee of not less than two (2) members of the Board to meet with the Superintendent and endeavor to assist the Superintendent in improving his performance as to such matters. Said committee shall report to the full Board, with a copy to the Superintendent, its activities and the results thereof, within 90 days. Thereafter, the Board may continue the Committee and require additional reports where necessary. Nothing in this contracts provisions concerning evaluation of the Superintendent shall preclude the Board from instituting termination proceedings for cause at any time without delay and without completion of some or all of the above-stated requirements. The Superintendent shall annually notify the Board in writing of the evaluation timelines set forth herein. 8. TERMINATION a. The parties may, by mutual consent, terminate the contract at any time.

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Superintendent of Schools Employment Agreement b. This contract or any extension thereof shall automatically terminate on its stated

expiration date if the parties have not signed a new contract or contract extension agreement by that date. c. The Superintendent shall be entitled to terminate the contract upon written notice

of ninety days, except that the ninety-day notice may be waived or shortened by the Board in its discretion in writing. d. The Board may terminate the employment of this contract and the

Superintendent at any time during its term for one or more of the following reasons: (1) Inefficiency or incompetence; (2) Insubordination against reasonable rules of the Board of Education; (3) Moral misconduct; (4) Disability as shown by competent medical evidence; (5) Other due and sufficient cause. In the event the Board seeks to terminate the Superintendent and this contract for one of the above reasons, it shall serve on the Superintendent written notice that termination of his contract is under consideration. Such notice shall be accompanied by a written statement of reasons. Within 15 days after receipt from the Board of written notice that contract termination is under consideration, the Superintendent may file with the Board a written request for a hearing before the Board, which shall be commenced within 20 days after receipt of such request. The Board shall render its decision within fifteen (15) days after the end of such hearing and shall send a copy of its decision setting forth the reasons and evidence relied on to the Superintendent. The Boards decision shall be based on the evidence presented at the hearing. Such hearing may be in executive or public session, at the option of the Superintendent or the Board. The Superintendent shall have the right to his own counsel, at his own expense.

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Superintendent of Schools Employment Agreement Any time limits established herein may be waived or extended by mutual agreement of the parties. Days shall mean calendar days, provided that if the last day upon which action may be taken falls on a weekend or legal holiday, the last day shall be extended only to the next first business day after the weekend or holiday. e. If the Superintendent is terminated on account of disability as shown by

competent medical evidence, the Board shall pay the Superintendent his accumulated sick leave, and vacation benefits as provided in this agreement, and if the termination is for other of the above-stated reasons, such benefits shall not be paid. Any time limits established herein may be waived or extended by mutual written agreement of the parties. 9. EXAMINATION The Board may in its discretion require that the Superintendent be examined by a licensed physician before he assumes the Superintendency and thereafter in cases where an absolute majority of all Board members share concerns about the Superintendents physical and/or mental/emotional ability to perform properly the duties of his position, or where an examination is required by the School Medical Advisor pursuant to Sec. 10-207 of the Connecticut General Statutes. If the Superintendent does not wish to be examined by the physician proposed by the Board, he shall promptly propose an acceptable person and, if that person is not acceptable to the Board, the two professionals proposed by the parties shall designate the person to conduct the examination. Should agreement not be possible, then the examining physician shall be selected and designated by the School Medical Advisor. All costs of the examination not covered by insurance shall be paid by the Board. The results of the examination as they relate to the Superintendents abilities to perform the duties of his office shall be made available to the Board. Such results will be treated as privileged documents. 10. GENERAL PROVISIONS

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Superintendent of Schools Employment Agreement a. If any part of this agreement is invalid, it shall not affect the remainder of said

agreement but said remainder shall be binding and effective against all parties, and the parties shall immediately enter negotiations to agree upon substitute language to replace that declared invalid. b. This contract contains the entire agreement between the parties. It may not be

amended orally but may be amended only by an agreement in writing signed by both parties. Commencing upon signing, it supersedes all prior agreements between the parties. c. This agreement shall be valid when signed and approved by all necessary

parties, whether they sign in each others presence or separately. 11. At all times during his employment as Superintendent, Mr. Harding shall possess and

make available to the Board on request, current valid certification/authorization from the Connecticut State Department of Education authorizing him to serve as Superintendent of Schools in Connecticut. Should this certification/authorization be removed or suspended at any time for any reason, this contract and Mr. Hardings employment as Superintendent shall immediately be revoked and rescinded and shall be of no further force or effect. IN WITNESS WHEREOF, the undersigned have executed this contract the day and year aforesaid. The undersigned Board Chair has been authorized and directed to execute this contract for and on behalf of the Board by vote of the Board electing the Superintendent.

_______________________________________ Superintendent of Schools

_______________________________________ Date

_______________________________________ Chair, Board of Education

_______________________________________

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Superintendent of Schools Employment Agreement Date

Signed and sworn before me this _________ day of ____________________ 2007. My commission expires ___________________________

Attachments: Addendum A - Superintendent Job Description

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