EMPLOYMENT CONTRACT

BETWEEN
JAMES BRISCOE
AND
THE BOARD OF EDUCATION OF
CANYONS SCHOOL DISTRICT

SALT LAKE COUNTY, UTAH

This Employment Contract, made and entered into this 8th day of May, 2018, by and
between the Board of Education of Canyons School District (the “Board”), and James Briscoe
(“Superintendent”).

The parties agree as follows:

1. TERM

The Board hereby employs and the Superintendent hereby accepts employment as
Superintendent of Canyons School District (“District”) for a term of two years
commencing July 1, 2018 and ending June 30, 2020.

2. PROFESSIONAL LICENSE AND RESPONSIBILITIES OF Superintendent

A. LICENSE. Superintendent shall hold a valid Administrative License

issued by the State of Utah.

B. DUTIES. The Superintendent shall faithfully perform the services

prescribed by the Board whether such services are specifically described
in this agreement or in a general job description, and abide by the policies,
rules and regulations established by the Board, the Utah State Board of
Education, and the Utah State Legislature. In particular, Superintendent
shall have charge of the administration of the District under the direction
of the Board. He shall be the chief executive officer of the Board and
shall be responsible for, among other things, student achievement,
adherence to the Board’s budget, employee morale and patron satisfaction;
shall direct and assign teachers and other employees of the District under
his supervision; shall hire and appoint the administrative and supervisory
staff as best serves the Board subject to the approval of the Board; shall
select all personnel except the Business Administrator subject to the
approval of the Board; shall from time to time suggest regulations, rules
and procedures deemed necessary for the well being and order of the
District, and in general perform all duties incident to the office of
Superintendent and such other duties as may be prescribed by the Board
from time to time. The Board individually and collectively, shall timely
inform the Superintendent of reasonably credible and material criticisms,
complaints, and suggestions for the Superintendent’s study and
 recommendation. The Superintendent shall have the right to attend all the
Board meetings, except closed meetings limited to deliberations regarding
the Superintendent, and all the Board and citizen committee meetings,
serve as an ex-officio member of all the Board committees and provide
administrative recommendation on each item of business considered by
each of these groups.

C. OUTSIDE ACTIVITIES. Superintendent shall devote his time, attention

and energy to the business of the District. However, on his own time or
by using vacation time, he may serve as a consultant to other districts or
educational agencies, lecture, and engage in writing activities and
speaking engagements, and engage in other activities which are of a short-
term duration at his discretion provided that they do not interfere with or
conflict with Superintendent’s duties under this agreement.

3. PROFESSIONAL GROWTH OF SUPERINTENDENT

The Board encourages the continuing professional growth of Superintendent

through his participation, as he might decide in light of his responsibilities of
Superintendent, in:

A. The operations, programs and other activities conducted or sponsored by

local, state and national school administrators and school boards
associations;

B. Seminars and courses offered by public or private educational institutions;

C. Informational meetings with other persons whose particular skills or

backgrounds would serve to improve the capacity of Superintendent to
perform his professional responsibilities for the Board; and

D. The District shall pay all legally valid expenses and fees for attendance at
pre-approved professional conferences and meetings in accordance with
the travel policies of the Board.

4. COMPENSATION

A. SALARY. At the inception of this contract, the Board shall pay

Superintendent an annual salary of $222,793.00. This amount shall
increase each year beginning July 1, 2018, by the amount of any cost of
living increase received by other Canyons School District administrators
for the 2018-19 school year and the 2019-20 school year. The Board and
Superintendent may mutually agree to adjust the salary of Superintendent
during the term of this contract, but in no event shall Superintendent be
paid less than the initial salary above. Other than the cost of living
increases, any adjustment in salary made during the life of this contract

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 shall be in the form of a written amendment signed by both parties and
shall become part of this contract, but it shall not be deemed that the
Board and Superintendent have entered into a new contract or that the
termination date of this contract has been extended.

B. VACATION AND OTHER BENEFITS

1. BENEFITS. Superintendent shall be entitled to all the benefits

applicable to twelve (12) month administrative employees as are incident
to their employment relationship with the Board, including, but not limited
to, illness benefits, health insurance and leaves, any other forms of
insurance protection, retirement program, choice of tax-shelter annuities,
personal days and other administrative employee benefits, except as noted
below. At the Superintendent’s option, in lieu of health insurance
provided to other administrators, the Superintendent may elect to have the
equivalent amount of money for family coverage contributed to a
retirement program or annuity of Superintendent’s choice. Superintendent
will be entitled to twenty-five (25) vacation days each year.
Superintendent must notify the Board in advance of using five (5) or more
consecutive vacation days. Ten (10) vacation days can be carried over
each year.

2. ANNUAL PHYSICAL. At the discretion of the

Superintendent, the Superintendent is entitled to an annual physical
examination to be paid for by the District.

3. STIPEND FOR REIMURSEMENT OF BUSINESS USE OF

PERSONAL ITEMS. The District shall provide the Superintendent with a
personal expense stipend of $1,000.00 per month, to be included as part of
the Superintendent’s taxable income, to be used for miscellaneous
business expenses including, but not limited to, home Internet connection
and automobile expenses. The Superintendent shall be expected to drive
his personal vehicle for all District-related business. The Superintendent
shall be responsible for paying for liability, property damage, and
comprehensive insurance for his vehicle, and shall be responsible for the
purchase, operation, maintenance, fuel, repair of, and regular replacement
of his vehicle.

4. BUSINESS-RELATED EXPENSES REIMBURSEMENT.

The District will pay or reimburse the Superintendent for reimbursable
business-related expenses incurred by the Superintendent in the continuing
performance of the Superintendent’s duties under this Contract. The
District agrees to pay the actual and incidental costs incurred by the
Superintendent’s business-related travel, including, but not limited to:
airline tickets, hotels and accommodations, meals, rental car, telephone
bills, and other business-related expenses. The District shall also

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 reimburse the Superintendent for meals and incidental expenses associated
with the Superintendent’s work with staff members, Board members,
community members, legislators, and other persons, which are related to
the performance of his duties as Superintendent. The Superintendent shall
comply with all policies, procedures and documentation requirements in
accordance with Board policies and established procedures, which shall be
subject to review by the District’s internal and external (independent)
auditors.

5. PROFESSIONAL LIABILITY

A. The Board agrees that it shall defend, hold harmless, and indemnify
Superintendent from any and all demands, claims, suits, actions and legal
proceedings brought against Superintendent in his individual capacity, or
in his official capacity as agent and employee of the Board, provided the
incident arose while Superintendent was acting within the scope of his
employment and excluding criminal litigation. Except that, in no case
shall individual board members be considered personally liable for
indemnifying Superintendent against such demands, claims, suits, actions
and legal proceedings.

B. If in the good faith opinion of Superintendent and the Board’s legal

counsel, a conflict or potential conflict exists as regards to the defense to
such claim between the legal position of Superintendent and the legal
position of the Board, the Superintendent may engage counsel in which
event the Board shall indemnify the Superintendent for the costs of legal
defense if that for which legal counsel is needed is determined to have
been within the scope of employment of Superintendent.

C. The Board shall not, however, be required to pay any costs of any legal
proceedings in the event the Board and Superintendent have adverse
interest in such litigation unless it is determined that the Superintendent
was acting within the scope of his employment, in which case his costs for
legal defense shall be borne by the Board.

6. EVALUATION

The Board shall conduct a formal evaluation and assess the performance of
Superintendent at least once a year during the term of this contract. The
evaluation may include, among other things, reviews of the academic progress of
students in the district, the district’s performance against budget, the morale and
good will of the employees of the district and satisfaction and good will of the
patrons of the district, and other such topics as seen fit by the Board. This
evaluation and assessment shall be reasonably related to the position description
of Superintendent and the goals and objectives of the Board for the year in

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 question. This evaluation is to take place in a closed executive session held with
the Superintendent on an annual basis.

7. NOTICE REGARDING REAPPOINTMENT

This contract does not include any provision for the Superintendent’s automatic
reappointment beyond June 30, 2020. However, if it is the Board's intent to not
reappoint the Superintendent for a two year term beginning July 1, 2020, then the
Board must notify the Superintendent in writing of that decision by January 31,
2020. Should the Board decide to not reappoint the Superintendent and fail to
notify him in writing of that action by January 31, 2020, then the Board will
provide a one-time separation payment after June 30, 2020, and before July 31,
2020, equivalent to six (6) months’ salary.

8. TERMINATION OF EMPLOYMENT CONTRACT

This employment contract may be terminated by:

A. MUTUAL AGREEMENT OF THE PARTIES.

B. RETIREMENT OF SUPERINTENDENT.

C. DISABILITY OF SUPERINTENDENT.

In the event of disability wherein the Superintendent is unable to perform

the essential functions of his job with or without accommodation, the
Board may terminate this contract by written notice to Superintendent at
any time after Superintendent has exhausted any accumulated sick leave
and such other leave as may be available and has been absent from his
employment for whatever cause for an additional continuous period of
fifteen (15) days. All obligations of the Board shall cease upon such
termination.

If a question exists concerning the capacity of the Superintendent to return

to or perform his duties, the Board may require Superintendent to submit
to a medical or mental examination to be performed by a licensed
professional. The Board shall appoint the professional who shall conduct
the examination and shall pay for all expenses related to the examination.
The professional shall submit a report to the Board which shall be limited
to the issue of whether Superintendent has a continuing disability which
prohibits him from performing his duties.

D. TERMINATION FOR CAUSE.

The Board shall have the right at any time by written notice to the
Superintendent to terminate this contract and discharge the Superintendent

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 for cause if any one of the following events shall occur during the
employment term:

1. The Superintendent’s conviction in a court of law of a felony, or any

crime or offense involving misuse or misappropriation of money or
other property; or

2. The Superintendent’s failure or refusal to perform specific directives

of the Board, which directives are consistent with Board policy and
with applicable law and within the scope and nature of the
Superintendent’s duties and responsibilities which failure is not
remedied by the Superintendent within 30 days after notice; or

3. The performance of any willful or intentional act

a. Directed toward a child which would be considered a violation of

Utah’s criminal code; or

b. Which would be considered a felony under Utah’s criminal code;

or

c. Which would be grounds for license revocation by an applicable

administrative body such as the Professional Practices Advisory
Commission.

The Superintendent has the right to written charges. The termination will
be effective 30 days after the Superintendent receives the written charges
in person or by certified mail, but the Board may suspend the
Superintendent with pay during the 30-day period. The Superintendent
has the right to notice of hearing and a fair and impartial hearing before
the Board during the 30-day period. At any hearing before the Board, the
Superintendent shall have the right to be present and to be heard, to be
represented by counsel at his expense and to present through witnesses
any testimony relevant to the issue. Unless otherwise directed by the
Board, the Superintendent’s employment is terminated at the end of the 30
days.

In the event of termination for cause, the Superintendent shall have no

further rights of any kind under this agreement. Nothing in this agreement
shall be deemed to limit any other rights and remedies the Board or
District may have against the Superintendent.

E. UNILATERAL TERMINATION BY THE BOARD.

The Board may, at its option, unilaterally terminate this Contract by giving
written notice to Superintendent and by paying twelve (12) months

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 compensation and benefits. At the Board’s sole discretion, the
compensation required by this clause may be paid in a lump sum or in
twelve equal monthly payments. During the twelve (12) months after
receiving notice of unilateral termination, the Superintendent shall
perform such duties as the Board may reasonably request provided it does
not conflict with any employment the Superintendent may accept after
notice of unilateral termination.

F. RESIGNATION.

If the Superintendent no longer believes he can give effective leadership to

the District, he may elect to terminate the contract upon 90 days’ written
notice.

G. DEATH OF SUPERINTENDENT.

In the event of the death of the Superintendent, his heirs shall be paid all
accumulated earnings including vacation and death benefits provided to all
other twelve-month employees.

9. COMMITMENT TO CONTRACT

The Superintendent shall not seek another position without giving notification to
the Board and shall serve his full appointment term unless formally released by
the Board.

10. SAVINGS CLAUSE

If, during the term of this contract, it is found that a specific clause of the contract
is illegal in federal or state law, the remainder of the contract not affected by such
ruling shall remain in force.

11. MERGER, GOVERNING LAW AND AMENDMENT

All oral representations are merged into this Agreement and it becomes the final
agreement between the parties. This agreement shall be subject to the laws of the
State of Utah and shall remain in full force and effect until modified in writing by
mutual consent of the Board and the Superintendent.

Board of Education of
Superintendent Canyons School District

_________________________________ ____________________________________

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 President

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