CONTRACT OF EMPLOYMENT
Between
And the
This
Employment Contract is entered into this 30 day of April, 2008, by and betw=
een,
the Loudon County Board of Education, hereinafter called the "Board&qu=
ot;,
and Mr. M. Wayne Honeycutt hereinafter called the "Director”. The
Board and the Director, for the consideration herein specified, agree as
follows:
TERM OF CONTRACT
The Board, in accordance with its
action as found in the Minutes of its meeting held on the 30 day of April,
2008, hereby employs, and the Director hereby accepts employment as Directo=
r of
the Loudon County School System for a period of three (3) years commencing =
on
the 1st day of July, 2008, and ending on the 30th day of June, 2011. The Director shall assume
responsibilities of the position effective July 1, 2008.
DUTIES
Director shall have charge of the
administration of the schools under the direction of the Board. He is the chief executive officer =
of the
Board; shall direct and assign teachers and other employees of the schools
under her/his supervision; shall organize, reorganize and arrange the
administrative and supervisory staff, including instruction and business
affairs, as best serves the District; shall select all personnel and pursua=
nt
to Board policy recommend exemplary teachers for tenure consideration. He shall from time to time suggest
regulations, rules and procedures deemed necessary for the well ordering of=
the
school district; and in general perform all duties incident to the office of
the Director and such other duties as may be prescribed by the Board from t=
ime
to time.
The Director shall perform the duties
specified in Tennessee Code Annotated as well as those listed in the job
description for Director as adopted by the Board, or as it may be amended f=
rom
time to time during the term of this Contract. Such job description, as so
amended, is hereby incorporated in this Contract by references as if fully
stated herein.
The Director shall devote such time a=
nd
energies as are necessary to perform the duties specified in the job
description. These duties will generally be performed during normal business
hours, but it is expressly agreed that the duties of this position will req=
uire
the Director to work during times other than normal business hours.
The
Board agrees that no policy or bylaw of the Board shall diminish the
Director’s legitimate power or authority. Moreover, all duties assigned to t=
he
Director by the Board should be appropriate to and consistent with the prof=
essional
role and responsibility of the director.
REFERRALS TO DIRECTOR
The Board of Education, collectively =
or
individually, shall promptly refer to the Director all criticisms, complain=
ts
and suggestions called to their attention relative to Director or the
LOYALTY
The Director shall devote full time,
attention, knowledge and skills solely and exclusively to the business and
interests of the Board of Education and the
COMPENSATION
The annual salary of the Director for=
the
fiscal year July 1, 2008 through June 30, 2009 shall be $112,000.The annual
salary of the Director will be paid in equal monthly installments in accord=
ance
with the standard policy of the Board governing payment of professional sta=
ff
members in the school division and prorated if this contract is initiated o=
n a
date other than July 1. The a=
nnual
salary of the Director may be adjusted or increased by amendment for any
subsequent fiscal year during the term of this Agreement. Annual salary increases for the Di=
rector
shall equal no less than the average increase approved by the Board for
instructional personnel for the corresponding fiscal year unless the Direct=
or
has received an unsatisfactory performance evaluation. In no event shall the DirectorR=
17;s
salary be reduced except as provided by law. Any
adjustments to the annual salary for subsequent years during the term of th=
is
Agreement shall be in writing and shall be in the form of an amendment or
addendum to this Agreement.
AUTOMOBILE EXPENSES
MOVING EXPENSES
The Board shall reimburse the Director for documented expenses incurred in mov=
ing
his family, furniture, household goods and
related personal belongings from
INSURANCE BENEFITS.
The Board will provide during the ter=
m of
this contract, such =
dental,
life, medical and hospitalization insurance for the Director and his spouse=
.
MEMBERSHIP DUES
The Board shall further pay all dues in any =
professional
societies, associations, or civic clubs of which the Director is a member
including, but not limited to AASA, TOSS and the Chamber Commerce. The Board
shall further reimburse the Director for expenses in attending related
functions provided however, that the Board must first approve membership ex=
cept
for those organizations listed by name in this paragraph.
PROFESSIONAL LIABILITY
The Board shall maintain liability
insurance covering alleged wrongful acts and omissions of the Board and of =
the Director
in the scope of his employment with the Board. The Board shall, to the extent per=
mitted
by law, directly or through insurance, defend the Director, bear defense co=
sts,
and indemnify and hold the Director harmless on demands, claims, suits, and=
legal
proceedings brought by third parties against the Director in his official
capacity as agent and employee of the Board, except that this obligation of=
the
Board shall not exist with respect to violations of criminal law, improper
personal gain, or willful misconduct, and in no event will individual Board
members be considered liable for indemnifying the Director against such
demands, claims, suits, and legal proceedings.
PROFESSIONAL GROWTH
The Director shall attend the
professional meetings approved by the Board, the actual and necessary expen=
ses
of said attendance to be paid by the
ANNUAL LEAVE
The Director shall be entitled to 12 =
(12)
working days paid vacation each fiscal year during the term of this contract
with one added each year up to three for a total of (15). Vacation accrual shall be limited =
to
five (5) days each year, not to exceed a total of fifteen (15). Accrued vacation days at contract
termination will be paid. Pai=
d and
unpaid holidays will be the same as observed by the school system. Sick leave shall be in accordance =
with
TCA.
SICK LEAVE
The Director shall be granted one day=
of
sick leave for each month of employment.&n=
bsp;
Sick leave days shall be cumulative and unused sick leave days may be
used for retirement credit in accordance with the policies of the Tennessee
Consolidated Retirement System and Loudon County Board of Education. The Director shall be granted thre=
e (3) personal
leave days per year. Any unus=
ed
personal leave for each year shall be converted to sick days with the maxim=
um
of two to convert.
EXPENSES
The Board shall reimburse the Director
for all actual and necessary travel and other expenses required in the
performance of the official duties during employment under this Contract
subject to such limitations as provided by law and by Board policy.
MEDICAL EXAMINATION
Upon the request of the Board, the
Director hereby agrees to submit to a comprehensive medical examination. A
physician's statement certifying to the physical and mental competency or
incompetency of the Director shall be filed with the Chairman of the Board.=
The
cost of said medical examination shall be borne by the Board. In the event =
the
Director shall be unable to perform his obligations as Director of schools =
for
30 days or longer, due to mental or physical illness or incapacity, the Boa=
rd,
at its option, may terminate this agreement and thereby shall be released f=
rom
all further obligations contained thereunder.
EXTENSION/RENEWAL OF EMPLOYMENT CONTRACT
The Board may extend/renew the terms of this
contract at any time with concurrence of the Director up to a maximum term =
of 3
(3) years. However, unless the
Board acts on or before the 31st day December, 2011, or six (6)
months before the expiration date of the contract to extend or renew the co=
ntract,
such failure to act shall serve as notice to the Director that the Board do=
es
not intend to extend/renew the contract.
PERFORMANCE
EVALUATION
Annually, but no later than March 1
each calendar year during the term of this Contract, the Board of Education
shall review with Director the Director's performance as Director of Loudon
County School District; Director's progress toward goals established by the
Board of Education and the Director; the working relationships of Director =
with
the Board of Education, the staff, the students and the community at large;=
and
any other matters relative to the employment of Director. The first evaluat=
ion
will occur after six months of employment and thereafter, annually.<=
span
style=3D'mso-bidi-font-size:12.0pt;font-family:"Times New Roman"'>
Within 3 months of the Director assuming office,=
the
Director and the Board, shall adopt a mutually agreed upon instrument to
evaluate the Director. Using such instrument, the Board shall evaluate annua=
lly
the Director. Such evaluation=
must
be completed at least four (4) months before the end of each fiscal year. The Board shall devote at least a
portion of a scheduled Board meeting to conduct the Director’s evalua=
tion
and discuss the working relationship between the Director and the Board.
FORFEITURE OF TENURE RIGHTS
The Director hereby forfeits any righ=
ts
to tenure in the
CONTRACT TERMINATION
Mutual
Agreement. This
Employment Contract may be terminated by mutual agreement of the parties;
retirement, disability or death of the Director.
For
Cause. This
Employment Contract may be terminated by the Board for cause upon sufficient
proof of improper conduct, inefficient service or neglect of duty, including
failure to follow the policies of Loudon County Board of Education. If the Board terminates this Contr=
act
for cause, the Director would be entitled to no further benefits or
compensation.
Removal
from Office.
This contract shall be terminated if the State Board of Education, in
accordance with the provisions of Title 49, Chapter 1 of Tennessee Code
Annotated as enacted or hereafter amended, orders the removal of the
Director. If such removal is
ordered, the Director shall be entitled to no further benefits or compensat=
ion
under the terms of the contract.
Transfer. The Board reserves the right to
replace the Director and transfer the Director to any position within the
system determined by the Director’s successor; however, the compensat=
ion
and insurance benefits included within this agreement shall remain in full
force and effect for the duration of the contract as specified in Article
I. In the event the Director
declines to accept the transfer, this contract shall be terminated and the
Director would be entitled to no further benefits or compensation.
AMENDMENTS
Any modification to this
contract shall be made by mutual agreement of both parties and only in
writing. Neither party shall =
be
bound by any oral representation concerning modification of this contract.
ENTIRE AGREEMENT
This contract constitutes=
the
entire agreement among the parties and the parties hereto acknowledge that
neither has relied upon any oral representation or any agreements by the ot=
her
and that no such oral representations or agreements shall in any way affect=
the
terms of this agreement and that this agreement may not be modified or chan=
ged
except by written instrument executed by the parties.
Made and executed by the parties this=
day
and date first above mentioned.
_____________________________ =
______________________________
M. Wayne
Honeycutt &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p;
Director =
of
Schools =
&nb=
sp; =
&nb=
sp; =
Chairman,
Board of Education