MINERAL WELLS INDEPENDENT SCHOOL DISTRICT
SUPERINTENDENT’S EMPLOYMENT CONTRACT
DR. GAIL HATERIUS
THIS AGREEMENT is by and between the Board of Trustees (the “Board”) of the Mineral Wells Independent School District (the “District”) and Dr. Gail Haterius (the “Superintendent”) (this “Contract”).
WITNESSESTH:
For and in consideration of the terms hereinafter established and pursuant to Section 11.201(b) of the Texas Education Code (“Code”), the Board and the Superintendent do hereby agree as follows:
I. TERM
1.1 Employment. The Board, by and on behalf of the District, does hereby employ the Superintendent, and the Superintendent does hereby accept employment as Superintendent of Schools for the District. This Contract was approved by the Board at a called meeting on May 3, 2012 and shall begin July 1, 2012 and end on June 30, 2015. This Contract was extended by the Board at its regular meeting on February 12, 2013 for one additional year and shall end on June 30, 2016. The District may, by action of the Board, and with the consent and approval of the Superintendent, extend the term of this Contract as permitted by law.
1.2 No Right of Tenure. The Board has not adopted any policy, rule, regulation, law, or practice providing for tenure. No continued employment, or claim of entitlement is created beyond the contract term.
II. EMPLOYMENT
2.1 Duties. The Superintendent is the educational leader and the chief executive of the District and shall faithfully perform the duties of the Superintendent of Schools for the District as prescribed in the job description contained in the policy manual and as may be assigned by the Board, and shall comply with all Board directives, state and federal law, district policy, rules, and regulations as they exist or may hereafter be adopted or amended. Specifically, it shall be the duty of the Superintendent to recommend for employment all professional employees of the District subject to the Board’s approval. It shall be the further duty of the Superintendent to employ all other personnel consistent with the Board’s policies. It shall be the further duty of the Superintendent to direct, assign, reassign, and evaluate all of the employees of the District consistent with Board policies and federal and state law. It shall be the further duty of the Superintendent to organize, reorganize, and arrange the staff of the District, and to develop and establish administrative regulations, rules, and procedures which the Superintendent deems necessary for the efficient and effective operation of the District consistent with the Board’s policies, except the Superintendent’s resignation, which must be accepted by the Board. It shall be the further duty of the Superintendent to prepare and submit to the Board a proposed budget as provided by Section 44.002 of the Code. It shall be the further duty of the Superintendent to provide leadership for the attainment of student performance in the District based on indicators adopted under Section 39.051 of the Code and other indicators adopted by the State Board of Education or the Board. The Superintendent shall perform the duties of the Superintendent of Schools for the District with reasonable care, skill and expertise and in a thorough, prompt and efficient manner.
2.2 Professional Certification. The Superintendent shall at all times during the term of this Contract, and any renewal or extension thereof, hold and maintain a valid certificate required of a Superintendent by the State of Texas and issued by the Texas Education Agency and all other certificates required by law.
2.3 Board Meetings. The Superintendent shall attend all meetings of the Board with the exception of those closed meetings devoted to the consideration of any action or lack of action on the Superintendent’s Contract or the Superintendent’s salary and benefits as set forth in this Contract or the Superintendent’s evaluation and to interpersonal relationships between individual Board members, or to any other closed session item to which the board feels that the Superintendent's attendance is not necessary.
2.4 Criticisms, Complaints, and Suggestions. The Board, individually and collectively, shall refer all substantive criticisms, complaints, and suggestions called to the Board’s attention to the Superintendent for study and appropriate action, and the Superintendent shall investigate such matters and inform the Board of the results of such efforts.
2.5 Indemnification. To the extent it may be permitted to do by applicable law, including, but not limited to Texas Civil Practice & Remedies Code Chapter 102, and only to the extent of insurance coverage, the District does hereby agree to defend, hold harmless, and indemnify the Superintendent from any and all demands, claims, suits, actions, judgments, expenses and attorneys' fees incurred in any complaints filed with the State Board for Educator Certification (SBEC), and/or any legal proceeding against the Superintendent in his individual capacity or his official capacity as a District employee, for any act or failure to act within the course and scope of his employment and/or duties as Superintendent of the District, to the extent and to the limits permitted by law. This paragraph does not apply if the Superintendent is found to have committed official misconduct; committed a willful or wrongful act or omission, or an act of omission constituting gross negligence; acted in bad faith, with malice, with conscious indifference or reckless disregard, or with intent to violate a person's clearly-established legal rights, engaged in criminal conduct, or to a claim for breach of this Contract filed by the Superintendent or the Board against the other Party. Excluded are any costs, fees, expenses or damages that would be recoverable or payable under an insurance contract held by the Superintendent. The selection of the Superintendent's legal counsel shall be with the mutual agreement of the Superintendent and the District if such legal counsel is not also District's legal counsel. If insurance coverage provides an attorney, then the Superintendent's right to agree to legal counsel provided for her will depend on the terms of the applicable insurance contract. No individual Board member of the Board shall be personally liable for indemnifying and defending the Superintendent under this paragraph. The Board shall not be required to pay any costs of any legal proceedings in the even the Board and the Superintendent are adverse to each other in any such proceedings. The District’s obligation under this Paragraph shall continue after the termination of this Contract for qualifying acts or failures to act within the course and scope of employment occurring during the term of this Contract or any extension thereof. The Superintendent shall reasonably cooperate with the District in the defense of any and all demands, claims, suits, actions and legal proceedings brought against the District or the Superintendent. The provisions of this Paragraph 2.5 shall survive the termination of this Contract. To the extent this Paragraph 2.5 exceeds the authority provided and limitation imposed by Texas Civil Practice & Remedies Code, Chapter 102, then it shall be construed and modified accordingly.
2.6 Nepotism. With the exception of any individuals already employed for the statutorily-allowed time periods by the District as of the date of this Contract, the District will not employ, and the Superintendent will not recommend for employment, any individual related to the Superintendent within any prohibited degree under the Texas nepotism law, regardless of whether or not the nepotism law applies to the Superintendent.
2.7 Consulting or Personal Services. During the term of this Contract, the Superintendent will not provide any personal services for a financial benefit, engage in any consulting activities for a fee, or engage in any outside employment for any business entity that conducts or solicits business with the District. Any financial benefit received by the Superintendent for performing personal services for any other entity must receive prior Board approval, on a case-by-case basis, in an open meeting. The Superintendent will comply with all federal and state laws and regulations and District policies, rules and regulations regarding conflict of interest and fraud as they exist or may hereafter be amended or adopted during the term of this Contract. Any such consulting or personal services shall not conflict or interfere with the Superintendent's professional responsibilities to the District and shall be performed during the work days only to the extent that the Superintendent has available vacation or personal leave days to cover her absences. The Board has sole authority to determine whether the consulting or personal services conflict with the Superintendent's duties to the District.
III. COMPENSATION
3.1 Salary. The District shall provide the Superintendent with an annual salary, the amount of which shall be approved in the annual budget. This annual salary shall be paid to the Superintendent in equal installments consistent with the Board's policies for 226 days of service for each year. The base salary for the Superintendent is $129,000.
3.2 Salary Adjustments. At any time during the term of this Contract, the Board may, in its discretion, review and adjust the salary of the Superintendent, but in no event shall the Superintendent be paid less than the salary paid to the Superintendent for the previous twelve (12) months prior to any such adjustment in salary, except by the mutual agreement of the parties hereto. Such adjustments, if any, shall be in the form of a written addendum to this Contract or a new contract.
3.3 Out of District Travel Expenses. The District shall pay or reimburse the Superintendent for reasonable expenses incurred by the Superintendent in the continuing performance of her duties as Superintendent of the District which occur outside of the District. The District agrees to pay the actual and incidental costs incurred by the Superintendent for travel; such costs may include, but are not limited to, gasoline, hotels and accommodations, meals, rental car, and other expenses incurred in the performance of his duties as Superintendent of the District. The Superintendent shall comply with all procedures and documentation requirements in accordance with Board policies and District administrative procedures and regulations except when traveling with the Board, at which time the Board’s travel guidelines will apply.
3.4 Insurance. Superintendent, if eligible and insurable, shall be provided, at the District’s expense, health, hospitalization, vision, and dental coverage paid in at the same rate as other professional employees of the District.
3.5 Vacation. Superintendent shall be entitled to vacations in accordance with Policy DEC (LOCAL), to be used within the Superintendent’s discretion as long as such use does not interfere with the carrying out of his duties and obligations as Superintendent of the District, and such local leave shall be cumulative from year to year as in accordance with local Board policy.
3.6 Professional Growth. The Superintendent shall devote her time, attention, and energy to the direction, administration, and supervision of the District. The Board, however, encourages the continued professional growth of the Superintendent through his active attendance at the participation in appropriate professional meetings at the local, regional, state and national levels. The Board shall encourage the use of data and information sources, and shall encourage the participation of the Superintendent in pertinent education seminars and courses offered by public or private institutions or by educational associations, as well as the participation in informational meetings with those individuals whose particular skills, expertise, or backgrounds would serve to improve the capacity of the Superintendent to perform his professional responsibilities for the District. In its encouragement of the Superintendent to grow professionally, the Board shall permit a reasonable amount of release time for her to attend such seminars, courses or meetings. The District does hereby agree to provide in the District’s budget during the term of the Contract for the benefit of the Superintendent, a professional development budget per contact year to be used for registration, travel, meals, lodging, and other related expenses. The District shall pay the Superintendent’s membership dues to the Texas Association of School Administrators and one other organization, subject to board approval, to maintain and improve the Superintendent’s professional skills.3.7 Civic Activities. The Superintendent is encouraged to participate in community and civic affairs. The expense of two local activities, subject to Board approval, shall be borne by the District.
3.8 Residence Requirement. The Superintendent shall be required to live within the boundaries of District.
3.9 Moving Expenses. The District shall provide actual moving expenses to the Superintendent in the amount of up to $5,000.00. The District will reimburse the Superintendent upon establishment of a residence within the District and presentation by the Superintendent of the invoices within 30 days of when the invoices were incurred.
3.10 Compensation. Prior to accepting her duties as Superintendent on July 1, 2012, should the District require or request the presence of Superintendent at Mineral Wells ISD to consult, the District will pay the Superintendent’s travel expenses to and from her current residence to Mineral Wells ISD.
3.11Telephone Expenses. The Superintendent shall provide her own cell phone at her own expense. The cell phone shall be the personal property of the Superintendent and not subject to a Texas Public Information Act requests. Furthermore, the Superintendent may use the land line in her office for business and personal use as well. The District shall pay all costs of any nature related to the Superintendent’s personal and business use of the office telephones.
3.12 In-District Travel. The District shall pay the Superintendent, in addition to her salary, an in-district travel allowance in such amount as the Board approves in the annual budget. The allowance for the initial year of this Contract shall be $600.00 per month.
3.13 Bi-Annual Medical Exam. The Superintendent will be required to undergo a Bi-Annual Complete Physical Exam to be paid for by the District. These findings should be shared with the Board of Trustees upon receipt of such.
IV. ANNUAL PERFORMANCE GOALS
4.1 Development of Goals. The Superintendent shall submit to the Board each year, for the Board’s consideration and adoption, a preliminary list of goals for the District. The goals approved by the Board shall at all times be reduced to writing and shall be among the criteria on which the Superintendent’s performance is reviewed and evaluated.
V. REVIEW OF PERFORMANCE
5.1 Time and Basis of Evaluation. The Board shall evaluate and assess in writing the performance of the Superintendent at least once each year during the term of this Contract. The evaluation and assessment shall be reasonably related to the goals of the District as developed under Section 4.1 above and to the duties of the Superintendent as outlined in the Superintendent’s job description contained in Board policy, administrative procedures and regulations, the Code and herein.
5.2 Confidentiality. The evaluation of the Superintendent shall at all times be conducted in executive session and shall be considered confidential to the extent permitted by law. Nothing herein shall prohibit the Board or the Superintendent from sharing the content of the Superintendent’s evaluation with their respective legal counsel.
5.3 Evaluation Format and Procedure. The evaluation format and procedure shall be in accordance with the Board’s policies and state and federal law. In the event the Board deems that the evaluation instrument, format and/or procedure is to be modified, such modification must be adopted at least one (1) year prior to its implementation.
VI. RENEWAL OR NONRENEWAL OF EMPLOYMENT CONTRACT
6.1 Renewal/Nonrenewal. Renewal or Nonrenewal shall be in accordance with the Board policy and applicable law.
VII. TERMINATION OF EMPLOYMENT CONTRACT
7.1 Mutual Agreement. This Contract may be terminated by the mutual agreement of the Superintendent and the Board, upon such terms and conditions as may be mutually agreed upon.
7.2 Retirement or Death. This Contract shall be terminated upon the retirement or death of the Superintendent.
7.3 Dismissal for Good Cause. Pursuant to Section 21.212 (d) of the Texas Education Code, the Board may dismiss the Superintendent at any time for good cause as determined by the Board. The term “good cause” shall include, but not be limited to the following:
(a) Failure to fulfill duties or responsibilities as set forth under the terms and conditions of this Contract;
(b) Incompetence or inefficiency in the performance of required or assigned duties as documented by evaluations, supplemental memoranda, or other written
communication. (The terms and conditions of this paragraph shall not justify good cause unless the Board has provided the Superintendent reasonable
opportunity to remediate any incompetence or inefficiency.);
(c) Insubordination or failure to comply with lawful written Board directives;
(d) Failure to comply with the Board’s policies or the District’s administrative regulations;
(e) Neglect of duties;
(f) Drunkenness or excessive use of alcoholic beverages;
(g) Illegal possession or use of drugs, hallucinogens, or other substances regulated by the Texas Controlled Substances Act;
(h) Conviction of a felony or of any crime involving moral turpitude, conviction of a lesser included offense pursuant to a plea when the original charged offense is a felony, or deferred adjudication for a felony or any crime involving moral turpitude;
(i) Failure to meet the District’s standards of professional conduct;
(j) Failure to comply with reasonable District professional development requirements regarding advance course work or professional development;
(k) Disability, not otherwise protected by law, that impairs performance of the required duties of the Superintendent, subject to the provisions of Paragraph 7.4,
herein;
(l) Immorality, which is conduct the Board determines is not in conformity with the accepted moral standards of the community encompassed by the District.
Immorality is not confined to sexual matters, but includes conduct inconsistent with rectitude or indicative of corruption, indecency, or depravity;
(m) Failure to put forth a reasonable effort to achieve a good rapport with parents, the community, staff, or the Board; however, failure to accomplish a good rapport
under the terms and conditions of this paragraph shall be deemed not to be good cause when said good rapport is not achieved due to no fault of the
Superintendent;
(n) Assault on an employee or student;
(o) Knowingly falsifying records or documents related to the District’s activities;
(p) Conscious misrepresentation of facts to the Board or other District officials in the conduct of the District’s business;
(q) Failure to fulfill requirements for Superintendent certification;
(r) Failure to fulfill the requirements of a deficiency plan under an Emergency Permit;
(s) Any other reason constituting “good cause” under Texas law.
7.4 Termination Procedure. In the event that the Board terminates this Contract during the term for good cause, the Superintendent shall be afforded all the rights set forth in the Board’s policies and state and federal law.
VIII. MISCELLANEOUS
8.1 Controlling Law. This Contract shall be governed by the laws of the State of Texas and performable in Palo Pinto County, Texas.
8.2 Complete Agreement. This Contract embodies the entire agreement between the parties hereto and cannot be varied except by written agreement or as expressly provided herein.
8.3 Conflicts. In the event of any conflict between the terms, conditions, and provision of this Employment Contract and the provisions of the Board’s policies, or any permissive state or federal law, then, unless otherwise prohibited by law, the terms of this Contract shall take precedence over the contrary provisions of the Board’s policies or any such permissive law during the term of the Contract.
8.4 Savings Clause. In the event any one or more of the provisions contained in this contract shall for any reason, be held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this contract shall be construed as if such invalid, illegal or unenforceable agreements and contracts, both verbal and written, between the parties hereto regarding the employment of the Superintendent have been superseded by this Contract, and this Contract constitutes the entire agreement between the parties unless amended pursuant to the terms of this Contract.
EXECUTED this 12th day of February 2013.
Dr. Gail Haterius
