LESA - Daniel

Danosky

EXHIBIT

t_

HOWELL PUBLIC SCHOOLS

SUPERINTENDENT'S CONTRACT

This Agreement is made and entered into this 8th day of June, 2015, by and between the Board of
Education of Howell Public Schools (herein after called the "Board"), and Erin J. MacGregor
(herein after called the "Superintendent").
WITNESSED:
In consideration of their mutual promises and agreements, the Board agrees to employ the
Superintendent for the position of Superintendent and the Superintendent agrees to work for the
District under the following terms and conditions:
I.

Term and Extension.

The Board hereby employs the Superintendent and the
Superintendent agrees to work for the School District beginning on July I, 2015, and
extending through June 30, 2018. The Board shall determine by March 30 of each year of
this Contract whether to extend the term of this Contract, or, alternatively, not extend this
Contract and notifY the Superintendent of whatever decision it may make. Should the Board
elect to extend the term of this Contract, the parties shall, prior to July I of the same year,
execute a successor contract providing for such extension and any other terms that the parties
may mutually agree upon. The Superintendent shall notifY the Board six-months in advance
of his intention to terminate his employment within the tenn of this Contract as originally
agreed to or as extended by later agreement.

2.

Evaluation and Communication. The Board shall formally evaluate the Superintendent at
least annually to be conducted no later than March I, pursuant to Board Policy and MCL
380.1249. The evaluation process criteria utilized shall be mutually agreed upon by the
Superintendent and Board. The Superintendent shall also receive one (I) informal evaluation
in addition to the formal evaluation. The Superintendent may within fourteen (14) days from
receiving the Board's formal evaluation, submit a written comment or rebuttal.

The Board, individually and co lIectively, shall refer promptly any pertinent criticisms,
complaints, and suggestions called to its attention to the Superintendent.
3.

Tenure Exclusion. This Contract does not confer tenure upon the Superintendent in the
position of Superintendent or any other non-c1assroomlnon-teaching position in the district.

4.

Qualifications. This Contract shall not be valid unless the Superintendent shall have (or be
eligib Ie for) and maintain all certifications as may be required by state statute and/or by the
Michigan Department of Education, at the Superintendent's own expense, at the time the
contractual period shall begin, and this Contract shall terminate if the Superintendent shall,
at any time, fail to possess such qualifications or satisfY continuing education requirements.
Proof of same shall be maintained at Central Office.

5.

Duties and Service to the District. It is understood and agreed that the Superintendent is
employed in the capacity of Superintendent, as defined in the Michigan Revised School
Code. The Superintendent shall perform the duties of Superintendent as prescribed by the
Board and as may be established, modified and/or amended from time to time by the Board.
1

The Superintendent acknowledges the ultimate authority of the Board with respect to his
responsibilities and directions related thereto.
6.

Medical Examination. During each year ofthis Contract, the Superintendent shall have one
(I) medical/physical examination, the cost for which, ifnot covered by insurance, shall be
paid for by the District. The Board reserves the right to direct the Superintendent to a
medical/physical examination if, in its judgement, there are circumstances which warrant a
verification of either the physical or mental/psychological competence ofthe Superintendent.
The Superintendent shall supply such information and execute such documents as may be
required by any underwriter, policyholder, or third party administrator providing insurance
programs specified under this Contract, or as may be directed by the Board to determine the
Superintendent's ability to perform the essential job functions required by assignment, with
or without reasonable job accommodation(s). Upon competition of the annual examination,
the superintendent's physician shall forward to the board president a letter indicating the
overall results of the physical examination and attest to the superintendent's fitness to be
employed.

7.

Compensation. Commencing July 1,2015, the Superintendent's base yearly salary shall be
$160,000.00 (One Hundred Sixty Thousand and 00/100 Dollars) annually, which shall be
paid in equal installments in accordance with the policies and procedures of the Board
governing payment of other employees of the District. The salary paid shall be less
deductions authorized by the law for income tax withholding and other deductions as may
be properly authorized by law.

8.

A.

The Superintendent shall be provided with a monthly automobile allowance of

$450.00 (Four-Hundred, Fifty and 00/100 Dollars) during the term of the Contract.
This amount is taxable if no receipts are presented.

B.

The Superintendent shall be reimbursed for prior Board approved travel, meals, and
lodging in accordance with the per diem and reimbursement policy and procedures
of the Board. This section pertains to attendance at meetings and conferences
conducted outside Livingston County.

Benefits
A.

The Superintendent shall select health, dental, and vision insurance coverage from
the plans available to the District employees, for himseWherself and hislher eligible
family members. The Superintendent shall annually contribute to the cost of such
insurance a sum equivalent to the costs exceeding the statutory employer contribution
limitations which apply to all other employees ofthe Howell Public Schools.

B.

The Board shall pay premiums on behalf of the Superintendent for long term
disability insurance.

C.

The Superintendent shall be under the District's comprehensive general liability

policy up to $4,000,000 in coverage for each occurrence. Additionally, the Board
agrees that it shall defend, hold harmless and indemnifY the Superintendent from any
and all demands, claims, suits, actions and legal proceedings brought against the
2

Superintendent in hislher individual capacity, or in his/her official capacity as agent

and employee of the Board, provided the incident arose while the Superintendent was
acting within the scope of his employment. The Board shall provide liability
insurance for the Superintendent to cover legal expenses in defense of claims and
payment of judgments resulting from his/her functioning as Superintendent. In no
case will individual Board members be considered personally liable for indemnifYing
the Superintendent against such demands, claims, suits, actions, and legal
proceedings.
D.

If the Superintendent incurs a service connected illness or injury, the Board shall
provide worker's compensation insurance.

E.

The Superintendent shall receive twenty (20) days of vacation annually, exclusive of
the following recognized District holidays: Labor Day, Thanksgiving Day, Friday
following Thanksgiving Day, Christmas Eve Day, Christmas Day, New Year's Eve
Day, New Year's Day, Martin Luther King Day, Good Friday, Memorial Day, and
Fourth of July. The Superintendent shall use these days within the twelve (12) month
period in which it is earned. The Superintendent shall schedule use of vacation days
in a manner that is least disruptive to school operations. All scheduling of vacation
is subject to the approval ofthe Board President. In consideration of this expectation,
the Superintendent may carry over five (5) vacation days into the fo llowing contract
year. The Superintendent shall not be required to report on an Act of God day. Any
requirement to so report shall result in an equal amount of comp time.

F.

The Superintendent shall be credited with twelve (12) sick leave days on July 1, 2015
and on each July 1st thereafter for the length ofthis Contract.

G.

The Superintendent may accumulate unused sick days to a maximum of ninety (90)
days. Unused sick days are not eligible for payout upon termination of the
Superintendent's employment.

H.

The Superintendent shall be eligible for up to two (2) personal business days each
contract year. The superintendent may accumulate personal business days up to a
maximum of eight (8) days. Unused personal business days are not eligible for payout
upon termination of the Superintendent's employment.

l.

In the event of the death of a family member (spouse, child, parent, sibling, in-law,
grandparent or immediate family member as defmed under the Family Medical Leave
Act, as amended), the Superintendent is eligible for up to five (5) days ofbereavement
leave not to be deducted from sick leave or any paid leave account.

J.

The Superintendent may be provided with local, state, and national dues to the
appropriate professional organizations, as shall be approved in advance by the Board.

K.

The Board shall provide, without cost to the Superintendent, group life insurance
protection, which shall pay to the Superintendent's beneficiary, the sum of two (2)
times the Superintendent's salary (to nearest $1,000) up to $225,000.00. If two (2)
times the Superintendent's salary (to the nearest $1,000) is greater than $225,000.00,
3

all amounts of group life insurance protection in excess of $225,000.000 will be

determined by MESSA on a case-by-case basis in accordance with their insurability
requirements. The Board is not responsible for group life insurance protection
amounts greater than $225,000.00, if the Superintendent is deemed ineligible for
additional coverage by MESSA insurability requirements.
L.

9.

The District's only obligation for the insurance benefits provided in this Contract
shall be for the payment of premiums, and the rules and any and all insurance
coverage shall be subject to the underwriter's requirements

Termination Provisions. The Superintendent shall be subject to discharge during the term
of this Contract for any reason not found to be "arbitrary or capricious." The term "arbitrary
or capricious" shall not include acts of moral turpitude, misconduct, dishonestly, fraud,
insubordination, and a material breach of the terms and conditions of this Contract. This
Contract shall also be terminated by the Board at any time during its term in the event of the
Superintendent's death, retirement, or voluntary resignation of employment. No discharge
shall be effective until written charges have been served upon the Superintendent by certified
mail and personal service. The Superintendent shall have an opportunity for a fair hearing
before the Board after ten (1 0) days' notice in writing. Said hearing shall be public or private,
at the option of the Superintendent. At said hearing, if the Superintendent chooses to be
represented by legal counsel, all fees relating to the Superintendent's legal counsel shall be
the sole responsibility of the Superintendent. This provision shall not apply to nonrenewal of
this Contract pursuant to Section 1229 of the Revised School Code.

10.

Suspension. Whether pending the procedures set forth in Paragraph 9 or pending an

investigation of the conduct of the Superintendent, the Board may, in its sole discretion,
direct that the Superintendent suspend all or any part of the performance of responsibilities
and may assign the performance of such responsibilities to another person or persons. Such
suspension of responsibilities shall be without loss of salary or other benefits under this
Contract until the Superintendent is either reinstated or terminated under this Contract.

11.

Severability. Any provision of the Contract prohibited by laws of the United States or the
State of Michigan shall be ineffective to the extent of such provision only, without
invalidating the remaining provisions of the Agreement.

12.

Limitation of Actions. The Superintendent and the District agree that any civil action or
administrative complaint arising from or relating to the Superintendent's employment with
the District, the termination of the Superintendent's employment with the District or this
Contract, must be filed no later than one-hundred, eighty (180) calendar days from the date
on which the civil action or administrative complaint accrued, or no later than one-hundred,
eighty (180) calendar days from the termination of the Superintendent's employment,
whichever is sooner. The District and the Superintendent waive any longer limitations
period. In any civil action or administrative complaint, the venue shall be considered to be
in the Circuit Court for the Forty-Fourth (44th) Judicial Circuit for Michigan in Livingston
County.

13.

Binding Arbitration. In the event of any dispute between the parties relating to the
Superintendent's discharge arising during the term of this Contract, the parties agree to
4

submit such dispute to binding arbitration. Selection of the arbitrator and the arbitration
proceedings shall be conducted under the National Rules for the Resolution of Employment
Disputes of, and administered by, the American Arbitration Association. Arbitration under
this provision shall be conducted pursuant to the terms of the Michigan Arbitration Act, MCL
600.5071 et seq., and MCR 3.602.

14.

A.

Any and all disputes under this agreement shall be submitted to binding arbitration
pursuant to labor arbitration rules of the American Arbitration Association. Michigan
courts may enter judgment upon and enforce any award entered by the arbitrator
within hislher authority.

B.

Michigan law shall govern this agreement and the sole and exclusive remedy under
this agreement shall be monetary damages for any alleged breach. No equitable relief
of any kind, including reinstatement, may be granted for any violation of this
agreement, except as necessary to pay a monetary award granted pursuant to binding
arbitration.

C.

The scope of the arbitrator's authority is limited exclusively to the issue ofwhether a
breach of contract occurred and, if so, the measure of monetary damages, which shall
not be greater than the value of the salary and benefits remaining at the time of the
alleged breach. The arbitrator has no authority to reinstate in the event of a termination
of employment.

D.

In any litigation matter the venue shall be considered to be in the Forty-Fourth (44th)
Judicial Circuit Court for Livingston County, Michigan.

Entire Agreement. This Contract contains the entire agreement and understanding between
the Board and the Superintendent concerning the Superintendent's employment. Prior or
concurrent representations, promises, contracts, or understandings (written or oral) not
contained in this Contract have no legal bearing.
A. Any prior agreement (written or oral) pertaining to the terms
cancelled and superseded by this Contract.

f this Contract is

B. No change or modification of this Contract shall be valid or binding unless it is in

writing, approved by official action of the Board as reflected in its minutes, and
signed by the Superintendent and the Board.
C. No valid waiver of any provision of this Contract, at any time, shall be deemed a
waiver of any other provisions ofthis Contract at such time or at any other time.
If any provisions of this Contract becomes or is declared by a court of competent
jurisdiction to be illegal, unenforceable, or void, this Contract shall continue in full
force and effective without said provision(s).

DATED: _ _ _ _ _ _ __

BY:
Erin J. MacGregor, Superintendent

BOARD OF EDUCATION OF
HOWELL PUBLIC SCHOOLS

DATED:

BY:
Michael E. Yenshaw, President

DATED:

BY:
Stacy R. Pasini, Vice President

DATED:

BY:
Brent Earl, Secretary

DATED:

BY:
Michael Moloney, Treasurer

DATED:

BY:
Deborah McCormick, Trustee

DATED:

BY:
Gregg Gilligan, Trustee

DATED:

BY:
Grace Trudell, Trustee

BRIGHTON AREA SCHOOLS - Greg

Gray

CONTRACT OF EMPLOYMENT
Superintendent

It is hereby agreed by and between the Board of Education of the

Brighton Area Schools (hereinafter "Board") and Gregory B. Gray
(hereinafter "Administrator") that pursuant to Section 1229 (1) and Section
1246 of the Revised School Code, the Board in accordance with its action
found in the minutes of its meeting held on the 261h day of May, 2009, does
hereby employ the said Administrator for a period commencing on July 1,
2009 and ending on June 30, zo;J.lt,"according to the terms and conditions
as described and set forth herein d's

(Y---'

1.

Administrator shall perform the duties of Superintendent as

prescribed by the Board pursuant to the Revised School Code
of the State of Michigan as may be established, modified
and/or amended from time to time by the Board. Administrator
acknowledges the ultimate authority of the Board with respect
to his responsibilities and directions related thereto.

2.

Administrator represents that he possesses, holds, will

maintain or will seek all certificates, credentials, and
qualifications required by law, including the regulations of the
Department of Education, and those currently required by the
Board to serve in the position assigned. Additionally,
Administrator agrees, as a condition of his continued
employment, to meet all continuing education requirements for
the position assigned as may be required by the State Board
of Education. If at any time Administrator fails to maintain all
certificates, credentials, continuing education requirements
and/or qualifications for the position of Superintendent as
required herein, and such failure renders him unqualified for
this position, this contract shall automatically terminate and the
Board shall have no further obligations there under except as
agreed to by the Board.

---

The Administrator and the Board shall comply with the requirements
of Section 1230, 1230a and 1230b of the Revised School Code
regarding the criminal records check and the unprofessional conduct
check. The Board having requested a criminal history check, prior to
employment and the Administrator having signed a statement that
identifies the items set forth in Section 1230 and 1230a of the
Revised School Code. The Administrator shall also comply with the
1

provisions of Section 1230b of the Revised School Code. If the

Administrator is found to be unqualified as a result of the checks
required by the Revised School Code sections set forth above, this
contract shall automatically terminate and the Board shall have no
further obligation to the Administrator either as an employee or a
conditional employee.
3. Administrator agrees to devote his talents, skills, effort and
abilities toward competently and proficiently fulfilling the
duties and responsibilities of the position assigned.
Administrator agrees to faithfully perform those duties
assigned by the Board and to comply with the directives of
the Board with respect thereto. Further, Administrator
agrees to comply with and fulfill the responsibilities and
tasks required of the School District by state and federal
statutes and regulations. In addition, Administrator shall
respond to and accomplish those requirements and
directives of the Board to carry out the educational
programs and policies of the School District for which he is
responsible during the entire term of this agreement.
Further, Administrator pledges to use his best efforts to
maintain and improve the quality of the operation of the
School District and constantly promote efficiency in all
areas of his responsibility. The Administrator shall have
complete freedom to organize, reorganize, and arrange the
administrative and supervisory staff, including instruction
and business affairs, which in his judgment best serves the
District subject to approval by the Board. The responsibility
for selection, placement and transfer of personnel shall be
vested in the Administrator, subject to approval by the
Board. The Board, individually and collectively shall refer
promptly all criticisms, complaints, and suggestions called
to its attention to the Administrator for study and
recommendations.
4. Administrator sh.Pll be paid an annual salary rate of
$135,000 in consideration of his performance of the duties
and responsibilities of the position assigned in conformance
with the requirements and expectations of the Board. The
annual salary shall commence on the date of this contract
and shall be prorated over the term of the contract, that is,
through June 30, 2012 It shall be paid in equal installments
not to exceed twenty-seven (27) installments per contract
2

year beginning with the commencement of the contract

period, to be paid on the regular payroll dates established
by the District. Upon separation of the Administrator during
any contract year, his salary shall be adjusted to reflect
payment, on a per diem basis, for the number of days on
which services were actually and physically rendered
during the contract year. Any amounts due the
Administrator upon separation will be remitted by the Board
to him as soon as such amounts can diligently be
determined. Any salary amounts received by the
Administrator in excess of days actually worked during the
contract year shall be deducted from the Administrator's
remaining wages or repaid by the Administrator within three
(3) business days immediately following the termination of
this contract. The Administrator's signing of this agreement
indicates his approval of this process.
The Board hereby retains the right to adjust the annual salary of
Administrator during the terms of this contract. Any such salary
adjustment shall not reduce the annual salary below the annual
salary stated above. Any adjustment in salary made during the term
of this contract shall be in the form of a written amendment and when
executed by Administrator and the Board, shall become part of this
contract.
5. The Board shall review this contract with Administrator
annually on or before June 30 of any contract year. This
contract may be extended either by option of the Board of
Education or by operation of law as follows:
a. Board Option - The Board, no later than the 301h day
of June of each year during the term of this contract,
may extend the contract for an additional one (1)
year period. All other terms and conditions of this
contract except compensation shall remain
The Board of Education in its sole
discretion and with or without cause may decline to
extend the contract for an additional year. Failure of
the Board to affirmatively extend the contract shall
conclusively constitute a declination to do so.
b. Unless the Board gives written notice of non-renewal
of the contract of tl1e Administrator at least ninety

(90) days before the contract's termination date, this

contract will, without further action, be automatically
renewed for an additional one (1) year period as
provided by Section 1229 of the Revised School
Code.
c. The Administrator, annually, shall advise the Board
of this obligation during the month of January.
6. Administrator is employed on the basis of fifty-two (52)
weeks of work per contract year (normally, July 1 through
June 30) as scheduled by the Board. Administrator shall
be granted vacation time of twenty (20) days per contract
year. Vacation days must be used within the fiscal year for
which they are made available and Administrator shall not
receive any additional compensation in lieu of use of
vacation days without the express agreement of the Board.
Administrator shall schedule use of vacation days in a
manner to minimize interference with tl1e orderly operation
and conduct of business of the School District. All
scheduling of vacation is subject to the Board policy that is
in place at present or Board policy that is adopted
subsequent to this contract.
7. Administrator's performance shall be evaluated by the
Board annually not later than March 1. The Administrator
annually sl1all advise the Board of this evaluation during the
month of January.
8. During the term of this contract, the Administrator shall be
subject to discharge for good and just cause, but the Board
shall not arbitrarily and capriciously dismiss him. No
discharge shall be effective until written charges have been
served upon him and he shall have an opportunity for a fair
hearing before the Board after ten (10) days notice in
writing. Said
shall be public or private at the option
of the Administrator. At such hearing he may have legal
counsel provided at the Administrator's expense.
9. In the event of Administrator's mental and/or physical
incapacity to perform the duties of his office, he shall be
granted an initial unpaid leave of ninety (90) workdays for
the purpose of recovery. The Administrator shall first

exhaust any accumulated sick leave and accrued vacation

time. Health plan premium payments shall be made on
behalf of Administrator during this interval. Upon utilizing
leave under this provision, Administrator shall furnish
certification to the Board (or its designee) respecting the
necessity for the leave. This certification, from
Administrator's health care provider, shall include:
a. The date the serious health condition commenced
and the health care provider's best medical judgment
concerning the probable duration of the condition and
prognosis for recovery.
b. Diagnosis of the serious health condition.
c. A brief statement of the regimen of treatment.
d. An indication of whether inpatient hospitalization is
required.
e. An indication of whether or not Administrator is able
to perform the essential functions of his position, with
or without reasonable accommodation. The Board
may require, in its sole discretion, a separate opinion,
at Board expense.
Administrator may request an additional ninety (90) work days
unpaid leave extension in the event of his physical and/or mental inability to
return to work at the expiration of the initial leave interval, as described
above, provided there is a reasonable likelihood that Administrator will be
able to resume his duties at the end of the extended leave interval.
Medical certification will be supplied by the Administrator as a condition to
any leave extension. Any extensions of leave for this purpose shall be at
the discretion of the Board.
If the Administrator is un<;t91e to or does not resume work at the
conclusion of a leave taken under this paragraph (or any extension
thereof), his employment and this contract may be terminated at the option
of the Board. However, no such termination shall occur where restoration,
after leave was required by the Family and Medical Leave Act.
Prior to resumption of duty after an unpaid leave of absence for a
serious health condition, Administrator shall provide to the Board a fitness
5

for duty certification from Administrator's health care provider. A second

opinion may be required by the Board at its expense.
10.

Administrator agrees that he shall not be deemed to be

granted continuing tenure as Superintendent or in any
capacity other than of a classroom teacher, should the
probationary period required for tenure as a teacher be
fulfilled, by virtue of this contract or any employment
assignment (requiring certification) with the School
District. Nor shall the decision of the Board not to
continue or renew the employment of Administrator for
any subsequent period in any capacity, other than as a
classroom teacher, as may be required by tenure law,
be deemed breach of this Agreement or a discharge or
demotion within the provisions of the Michigan
Teachers' Tenure Act.

11.

Administrator shall submit to such medical

examinations, supply such information and execute
such documents as may be required by any underwriter,
policyholder, or third party administrator providing
insurance programs specified under this contract.
Additionally, upon request of the Board, Administrator
shall authorize the release of medical information
necessary for the Board's physician to determine if
Administrator is capable of performing the essential job
functions required by l"ris assignment, with or without job
accommodation. Any physical or mental examination or
disclosure of such information required of Administrator
by the Board shall be job-related and consistent with
business necessity. Any medical or psychological
examination under this section shall be at Board
expense. Any information obtained from medical or
psychological examinations or inquiries shall be
considered and treated as confidential.

12.

Upon proper application and acceptance for enrollment

by the appropriate insurance underwriter, policyholder
and/or third party administrator, the Board shall provide
fully paid premium payments on behalf of Administrator
and his eligible dependents for the following insurance
programs:

a. Health Insurance: Identical and consistent with

central office administrators. Any other benefits
provided to central office administrators within this
category are to be available to Administrator;
b. Long-Term Disability Insurance: Identical and
consistent with central office administrators;
c. Dental Insurance: Identical and consistent with
central office administrators;
d. Optical Insurance: Identical and consistent with
central office administrators;
e. Term Life Insurance:

it'k

1\30090 0

term policy.

In lieu of the above benefits paragraphs a. through d., the

Administrator, at his sole election, shall be entitled to apply fifty
percent (50%) of the monthly administrative health care
premium for any benefit options, tax deferred annuity or salary
(monthly health care premium effective July 1, 2009 is
$1,439.90). Notwithstanding the above, the Administrator shall
be entitled to the Term Life Insurance provided in paragraph e.
above
13.

The Board reserves the right to change identity of the

insurance carrier, policyholder or third party
administrator for any of tl1e above coverage, provided
that comparable coverage, as determined by the Board,
is maintained during the term of this Agreement. The
Board shall not be required to remit premiums for any
insurance coverage for Administrator and his eligible
dependents if enrollment or coverage is denied by the
insurance underwriter, policyholder, or third-party
administrator. The terms of any contract or policy
issued by any insurance company of third-party
administrator:shall be controlling as to all matters
concerning benefits, eligibility, coverage, termination of
coverage, and other related matters. Administrator is
responsible for assuring completion of any and all
documents needed to receive the above-described
insurance coverage. The School District, by payment of
the premium payments required to provide the above-

described insurance coverage, shall be relieved from all

liability with respect to insurance benefits.
14.
15.

stipend for advanced degree (Ph.D./Ed.D.)

lf

Administrator will receive paid holidays in accordance

with the following schedule:
New Year's Eve Day
New Year's Day
Memorial Day
July Fourth
Friday before Labor Day
Labor Day

Thanksgiving Day
Friday following Thanksgiving
Day
Christmas Eve Day
Christmas Day
Day after Christmas

One floating personal holiday

16.

If Administrator is absent from duty on account of

personal illness or disability, he shall be allowed full pay
for a total of fifteen (15) days annually. Unused paid
leave days hereunder shall be cumulative to a maximum
of one hundred twenty (120) days for absence due to
personal illness or disability of Administrator. The
Administrator may be absent from duty on account of
personal business to a maximum of five (5) days
annually, which days shall be deducted from the fifteen
(15) days provided annually for personal illness or
disability. The Administrator shall receive an initial grant
of one hundred twenty (120) days that may be drawn
upon in the event of absence from duty on account of
personal illness or disability.

17.

In addition to other days provided in 16 above, up to five

(5) leave days shall be provided for each instance of
death in the immediate family, consisting of mother,
father, mother-in-law, father-in-law, spouse, child or
sibling.

18.

Administrator shall be eligible to be reimbursed for

travel, meals and lodging in accordance with per diem
expense and reimbursement policies and procedures
established by the Board.

19.

The fees or dues for membership in appropriate

professional organizations shall be subject to the
approval of the Board as per Board policy. Tl1e
Administrator shall be entitled to attend one National
Conference annually.

20.

The Board agrees to pay the premium amount for errors

and omissions insurance coverage for Administrator
while engaged in the performance of a government
function and while the Administrator is acting within the
scope of his authority. The policy limits for this
coverage shall be not less than those provided central
office administrators. The terms of the errors and
omissions insurance policy shall be controlling
respecting defense and indemnity of Administrator. The
sole obligation undertaken by the Board shall be limited
to the payment of premium amount for the above errors
and omissions coverage.

21.

Termination. If at any time, the Administrator fails to

maintain the credentials and qualifications for the
position of superintendent as required by this contract,
the contract shall automatically terminate. The
Administrator may be discharged and this contract
terminated at any time for cause, including failure to
uphold any Board of Education bylaw, policy, or
regulation.

22.

Severability. If any provision of this contract is ruled

illegal or unenforceable by a court of competent
jurisdictions, the remainder of the contract not affected
by the ruling shall remain valid and in effect.

23.

Dispute Resolution. In the event of any dispute between

the parties relating to any provision of this Contract or
the terminatign or discharge of Administrator during the
term of this Contract, the parties agree to submit such to
binding arbitration. The parties intend that this process
of dispute resolution shall be inclusive of all contract
interpretation disputes and contract and statutory claims
advanced by Administrator arising from Administrator's
termination or discharge during the term of this Contract,

f ()0 o UOO
J /) ;

}fjl..:'./':""'
.

including (but not limited to) claims of unlawful

discrimination and all claims for damages or other relief.
24.

Governing Law. This contract is governed by and shall

be interpreted in accord with the law of the State of
Michigan.

IN WITNESS WHEREOF, the parties have caused this Agreement to be

executed on the date set opposite their names.

Dated

5--

eff
BRIGHTON AREA SCHOOLS
BOARD OF EDUCATION

Dated

oated

s /JB/or

____;::.._7-1-=-------+1- - - -

William R. Anderson, President

sJ;;rr/0200'1 Chery1 M:LeaC, Treasurer

WITNESSES:

10

Fowlerville Community Schools Wayne Roedel

T
This
is Rick Todd's current contract that
e
reflects
his $6,000 pay cut.
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ADMINISTRATIVE EMPLOYMENT CONTRACT

This contract is made and entered into as of the 1st day of July 2012 between the Board of
Education of the Hartland Consolidated Schools, Livingston County, Michigan (hereinafter
called the Board), and JANET SIFFERMAN (hereinafter called the Superintendent.)
Whereas, the Board at a meeting held on the 23rd day of April, 2012, approved the
employment of the Superintendent in accordance with the terms and conditions of this
contract per the attached resolution; and
Whereas, the Superintendent desires to be employed by the Board in accordance with the
terms and conditions of this contract;
Now, therefore, in consideration of the mutual promises contained in this contract, it is agreed
between the parties, as follows:
1.

Term. This contract shall take effect on the 1st day of July 1, 2012 and continue in
force thereafter through the 30th day of June 2015, subject to extension and
termination as provided in paragraphs 4 and 10.

2.

Duties. The Superintendent represents that she meets all Michigan requirements and
holds all certificates necessary by law or Board policy for employment by the Board in
this administrative position. The Superintendent agrees to perform the duties of
Superintendent in a competent and professional manner in compliance with the laws
applicable to the school district, the policies and regulations adopted by the Board and
such other professional duties as may be from time to time prescribed by the Board
which are not expressly contrary to law or the terms of this contract.

3.

Evaluation. The Superintendent shall be evaluated twice yearly in June and January,
and no later than March 30, by the Board to review her performance in accordance
with Board policy.

4.

Extension. This contract may be extended or not renewed either by option of the
Board or by operation of law, as follows:

5.

A.

Board option. The Board may take action annually prior to March 30 to extend
this contract for an additional year, written notification must be given to the
Superintendent by March 30 of the final year of this contract.

B.

Operation of law. Unless the Board gives written notice of non-renewal of this
contract to the Superintendent at least 90 days before the contracts termination
date, this contract will, without further action, be extended an additional year as
provided by Public Act 289 of 1995, being section 1229 of the Michigan Revised
School Code. The Superintendent shall advise the Board of this obligation
during the month of January in the final year of the contract as extended.

Tenure exclusion. This contract does not confer tenure upon the Superintendent in
this position or any other administrative position in the district.
(Continued)

6.

Compensation. The base salary for this contract shall not be less than $139,432,
plus $3,000 for longevity for a total salary of $142,432 for each contract year. The
salary will be paid in equal installments per normal Board policy. The Board reserves
the right to increase the salary of the Superintendent during the term of this contract.
The Superintendent will receive a minimal annual salary increase equal to the annual
teachers contracted increase. Any other increase in salary made during the term of
this contract shall be in the form of a written amendment and, when executed by the
Superintendent and the Board, shall become a part of this contract.
A.

7.

Tax-Sheltered Annuity. The Superintendent shall annually receive a Board

paid tax-sheltered annuity in an amount equal to 5% of the compensation from
Section 6.

Fringe benefits. The Superintendent shall be given such fringe benefits as are set
forth hereafter or as may be authorized by the Board from time to time. The Board
shall pay the full premium cost of the following:
A.

Group term Life Insurance with Accidental Death and Disability, and Long-Term
Disability Insurance as offered by the district.

B.

Up to full family medical insurance, as defined by the districts insurance carrier,

including dental and vision insurance. Beginning July 1, 2014 health insurance
premium benefits will be amended to comply with PA152 of 2011.

8.

Retirement. The Board shall contribute to the Michigan Public School Employees
Retirement System on Behalf of the Superintendent in accordance with applicable
laws.

9.

Vacation. The Superintendent shall be granted a vacation period not to exceed 30

days for each contract year. A maximum of ten (10) vacation days per year may be
cashed in each year of the contract.

10.

Termination. During the term of this contract the Superintendent shall be subject to
discharge for good and just causes, but the Board shall not arbitrarily and capriciously
dismiss her. For purposes of this agreement, the term just cause shall include, but is
not limited to, acts of moral turpitude, misconduct, dishonesty, fraud, insubordination,
incompetence, or if the Superintendent materially breaches the terms and conditions
of the agreement. These criteria for termination of this contract during its term shall
not be applicable to non-renewal of this contract which shall be discretionary with the
Board. In the event the Superintendents employment is terminated during the term
hereof for just cause, this contract shall terminate and the Board shall have no further
obligation hereunder. No discharge shall be effective until written charges have been
served upon her, and she shall have an opportunity for a fair hearing before the Board
not sooner than ten (10) business days following the Superintendents receipt of
written notice. At such hearing, she may have legal counsel at her expense.
(Continued)

11.

Hold Harmless. The District agrees that it shall defend, hold harmless and indemnify
the Superintendent from any and all demands, claims, suits, actions and legal
proceedings brought against the Superintendent in her individual capacity, or in her
official capacity as agent and Employer of the District, provided the incident arose
while the Superintendent was acting within the scope of her employment.
The Board shall provide liability insurance for the Superintendent to cover legal
expenses, defense of claims and payment of judgments resulting from her functioning
as Superintendent, and will reimburse her for any portion of such expense and
judgments not covered by insurance. In no case will individual Board members be
considered personally liable for indemnifying the Superintendent again such demands,
claims, suits, actions and legal proceedings.

In witness whereof, the parties have duly executed this Superintendents Employment
Contract as of the Day and year written in the opening paragraph.

SUPERINTENDENT

BOARD
Hartland Consolidated Schools
Livingston County, Michigan

______________________________
Janet Sifferman

By ________________________________
Kevin Kaszyca, President

______________________________
Date

________________________________
Cynthia Sinelli, Secretary