Interim Superintendent Contract 04212020

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EMPLOYMENT CONTRACT BETWEEN

THE IOWA CITY COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS


AND MATTHEW W. DEGNER

THIS EMPLOYMENT CONTRACT, hereinafter referred to as "Contract", is effective


the 1st day of July 2020, by and between the Iowa City Community School District, hereinafter
referred to as "Board", and Matthew Degner, hereinafter referred to as "Interim Superintendent":

WITNESSETH:

WHEREAS, the Board has offered to employ the Interim Superintendent upon the terms
and conditions set forth herein; and,

WHEREAS, the Interim Superintendent has accepted the Board’s offer of employment
under the terms and conditions set forth herein; and,

WHEREAS, the Board desires to provide the Interim Superintendent with a written
Contract to enhance administrative stability and continuity within the District which the Board
believes generally improves the quality of its operation of the District; and,

WHEREAS, the Board and the Interim Superintendent believe that a written Contract is
necessary to describe specifically their relationship and to serve as the basis of effective
communication between them as they fulfill their governance and administrative functions in the
operation of the District; and,

WHEREAS, the Board and the Interim Superintendent have mutually agreed upon the
following terms and conditions relative to the Interim Superintendent’s employment by the
Board;

NOW, THEREFORE, the Board and the Interim Superintendent, for consideration
herein specified, agree as follows:

1. TERM.

The Board hereby employs and the Interim Superintendent hereby accepts
employment as Interim Superintendent for a term commencing July 1, 2020 and
ending June 30, 2021. The exact work schedule shall be determined by the Board
and Interim Superintendent. At any point during this contract term, upon mutual
agreement between The Board and the Interim Superintendent, this contract may
be renewed for an additional one-year period.

2. PROFESSIONAL CERTIFICATION.

Throughout the term of this Contract, the Interim Superintendent shall furnish a
valid and appropriate license to act as an Interim Superintendent in the state of
Iowa as provided by applicable state law, rules and regulations.
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3. RESPONSIBILITIES.

The Interim Superintendent shall perform the duties of Interim Superintendent as


prescribed by the Board, Board policy, and under Iowa law. All powers and duties
shall be executed in accordance with Board policy and the rules and regulations of
the State Board of Education. The Interim Superintendent shall serve as the chief
executive officer of the Board and the District and administer the instructional
services, business affairs, personnel, and property management with the assistance
of the District staff. The Interim Superintendent shall have the following authority
and responsibility: to administer the instructional and business affairs of the
District; to suggest policies, regulations, rules, and procedures deemed necessary
for the District; to recommend placement, transfer, and reassignment of all
personnel; to organize or reorganize administrative/supervisory staff to best serve
the District; to submit an annual report for each year which shall include pertinent
factors concerning the term just ended, as well as priorities for the next year; and
shall, in general, perform all duties incident to the office of the Interim
Superintendent and such other duties as may be prescribed by the Board. The
Interim Superintendent or his designee shall be entitled to attend all regular,
special, and closed session meetings of the Board, except for closed sessions in
which the Board evaluates the Interim Superintendent, and shall serve as an ex
officio member on any and all District committees and subcommittees and shall
be entitled to submit recommendations on any item of business considered by the
Board or any committee or subcommittee.

4. EVALUATION.

The Board shall provide the Interim Superintendent with periodic opportunities to
discuss Interim Superintendent-Board relationships and shall inform the Interim
Superintendent in a timely manner of any inadequacies as perceived by the Board.
The Board shall evaluate and assess in writing the performance of the Interim
Superintendent at least once a year during the term of this Contract. Said
evaluation shall be completed by May 15, 2021 or a later date upon the written
agreement of the Interim Superintendent and the Board. The Board’s evaluation
and assessment of the Interim Superintendent shall be reasonably related to the
position description of the Interim Superintendent and the goals and objectives of
the District for the year in question. The evaluation format shall be reasonably
objective and shall contain at least the following evaluation criteria: Board-
Interim Superintendent relations, community relations, staff and personnel
relations, educational program, business and financial matters, and professional
and leadership development. Notwithstanding the foregoing, however, the Board
shall have the right to conduct such additional evaluations or reviews as it, in its
sole discretion, deems necessary or appropriate.

5. CRITICISMS, COMPLAINTS AND SUGGESTIONS.

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The Board, individually and collectively, shall promptly refer in writing all
substantive criticisms, complaints and suggestions, regardless of the source, called
to the Board’s attention to the Interim Superintendent for study and appropriate
action or recommendation. The Interim Superintendent shall promptly investigate
such matters and shall periodically inform the Board of the results or status of
such matters.

6. REASSIGNMENT.

The Interim Superintendent shall not be reassigned from the position of Interim
Superintendent to another position without the Interim Superintendent's written
consent. In the event that the Interim Superintendent is not retained as Interim
Superintendent or named the permanent Superintendent for the 2021-22 school
year the Interim Superintendent will return to the position of Assistant
Superintendent for the year commencing July 1, 2021.

7. COMPENSATION.

a. Base Salary. The Board shall pay the Interim Superintendent an annual
salary rate of two hundred thousand dollars ($200,000.00) which is sixteen
thousand six hundred sixty-six dollars and sixty-seven cents ($16,666.67)
per month for twelve months. Payment of the base annual salary shall be
in accordance with the District’s standard payroll schedule applicable to
other District administrators. The District will deduct from such base
annual salary state, federal, and local taxes and other payroll deductions as
are required by law. The Interim Superintendent may, at his sole
discretion, elect other withholding and deductions determined to be
available and proper. Deductions for absences which pay is not allowed
shall be made in an amount equal to pay for one day of service for each
day of absence which shall for this purpose be calculated as 1/260th of the
annual base salary.

b. Deferred Compensation. The Interim Superintendent will be eligible to


participate in a deferred compensation plan through payroll deduction as
provided by law. In addition, the Board shall contribute to a Supplemental
Retirement Plan for the benefit of the Interim Superintendent in an amount
equal to 10% of the Interim Superintendent’s contracted base salary. The
Board shall contribute to the Supplemental Retirement Plan on or before
July 1, 2021. The contributions to the Supplemental Retirement Plan and
earnings thereon shall at all times be fully vested with the Interim
Superintendent. The Supplemental Retirement Plan shall be a plan
established under Section 403(b) of the Internal Revenue Code
(hereinafter referred to as "Code"). The 403(b) plan shall be established as
employer paid and the Interim Superintendent shall have no right to
receive such contributions in cash. The 403(b) plan shall be established
under a written plan document that meets the requirements of the Code
and such document is hereby incorporated herein by reference. The funds
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for the 403(b) plan shall each be invested as determined solely by the
Interim Superintendent in such investment vehicles as are allowable under
the Code for the applicable type of plan.

c. Vehicle Allowance. The Board shall not provide the Interim


Superintendent with a vehicle for business use; however, the Board shall
provide an annual vehicle allowance of four thousand eight hundred
dollars ($4,800) in addition to salary as compensation for the use of his
personal vehicle in the transaction of official District business. This
amount shall be renegotiated for the succeeding years, if any, of this
contract at the time that the Interim Superintendent’s base salary is
renegotiated, provided that the vehicle allowance the Interim
Superintendent will receive in any subsequent years of this contract shall
not be less than the vehicle allowance paid to the Interim Superintendent
in the preceding year. The Interim Superintendent shall have complete
discretion as to the use of his vehicle for business and personal reasons.

d. Technology Allowance. The Board shall not provide the Interim


Superintendent with a cell phone for business use; however, the Board
shall provide the Interim Superintendent with an annual technology
allowance in addition to salary as compensation for the use of his personal
cell phone and for the use of his personal internet hot spot in the
transaction of official District business. The amount of the technology
allowance the Interim Superintendent will receive will be adjusted
annually and will be equal to the technology allowance the District
provides other cabinet level administrators.

8. IOWA PUBLIC EMPLOYEE RETIREMENT SYSTEM.

The Interim Superintendent shall participate in the Iowa Public Employee


Retirement System (IPERS) as provided by law.

9. EXPENSES.

The Board shall pay or reimburse the Interim Superintendent for reasonable
expenses actually incurred in carrying out his professional activities. These
expenses include, but are not limited to, mileage for travel outside the District
pursuant to Board policy when an itemized statement of the same is submitted;
dues for professional organizations; subscriptions to periodicals and professional
publications; and dues for civic organizations as authorized and approved by the
Board. The Interim Superintendent shall submit an itemized statement to be
approved by the Board.

11. INSURANCE.

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a. Health and Dental. The Board shall provide for the Interim Superintendent
full family health insurance coverage including DXL and prescription
drug insurance under the District’s group plan, at the Board’s sole
expense. The Board shall provide for the Interim Superintendent full
family dental insurance coverage under the District’s group plan, at the
Board’s sole expense.

b. Disability Insurance. The Board shall provide the Interim Superintendent


with long term disability insurance which will provide a benefit of up to
70% of the Interim Superintendent’s regular compensation according to
the disability insurance plan terms available to employees of the District
generally at the Board’s sole expense. The disability insurance policy shall
be owned by the Interim Superintendent and the premiums for such policy
shall be treated as taxable income to him.

c. Life Insurance. The Board shall provide, at the sole expense of the Board,
term life insurance on the Interim Superintendent’s life, including
coverage in the amount of three times the base annual salary, payable to
the Interim Superintendent’s named beneficiary. The life insurance policy
shall be owned by the Interim Superintendent and the premiums for such
policy shall be treated as taxable income to him.

d. Claims against the Board. The eligibility of the Interim Superintendent’s


dependents or beneficiary for insurance benefits shall be governed by the
term of the insurance policies purchased by the Board pursuant to this
Contract. It is understood and agreed that the Board’s only obligation is to
purchase the insurance policies described herein, and no claim shall be
made against the Board as a result of any denial by an insurer of insurance
benefits if the Board has purchased the policies and paid the premiums
described herein.

12. VACATION.

The Interim Superintendent shall be entitled to thirty (30) days of vacation,


exclusive of legal holidays, each year with the time of such vacation to be
mutually agreed upon by the Interim Superintendent and the Board President and
Vice President. In the event that the Interim Superintendent is not retained as
Interim Superintendent or named the permanent Superintendent for the 2021-22
school year the Interim Superintendent will return to the position of Assistant
Superintendent for the year commencing July 1, 2021 and the Interim
Superintendent shall be allowed to carry forward an aggregate amount of no more
than twenty (20) vacation days to the next year without prior agreement of the
Board. If the Interim Superintendent desires to carry forward more than twenty
(20) vacation days, prior agreement between the Board and the Interim
Superintendent shall be required. The Interim Superintendent shall have the
option to be paid for unused, accrued vacation days as of June 30 of each year
during the Contract term at his then per diem rate. Any unused, accrued vacation
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not otherwise paid to the Interim Superintendent shall be paid out at termination
at the per diem rate for the last contract year. The per diem rate shall be 1/260 of
the annual base salary.

13. LEAVE.

a. Holiday Leave. The Interim Superintendent shall be entitled to time off for
holidays including the Fourth of July, Labor Day, Thanksgiving Day, the
day following Thanksgiving Day, Christmas Eve, Christmas Day, New
Year’s Eve, New Year’s Day, Martin Luther King Jr. Day, two days
during the scheduled District spring break, and Memorial Day.

b. Sick Leave. The Interim Superintendent shall begin this Contract with 86
days of sick leave. The Interim Superintendent shall receive fifteen (15)
days of sick leave per year and may carry over from prior employment
with the District accumulated sick leave up to an aggregate maximum of
one hundred fifty (150) days of sick leave.

c. Bereavement Leave. The Interim Superintendent shall receive five (5)


days of bereavement leave per year.

14. PROFESSIONAL DEVELOPMENT.

The Board encourages the continuing professional growth of the Interim


Superintendent through his participation in the operations, programs and activities
conducted or sponsored by local, state and national school administrator and
school board associations; seminars and courses offered by public or private
educational institutions; and informational meetings with other persons whose
particular skills or backgrounds would serve to improve the capacity of the
Interim Superintendent to perform his professional responsibilities for District.
The Interim Superintendent shall be entitled to professional leave time in addition
to any vacation or other leave time provided in the Contract to attend such
meetings, seminars or the like each year with such Professional Development to
be mutually agreed upon by the Interim Superintendent and the Board President
and Vice President. The Board shall reimburse the Interim Superintendent for all
reasonable expenses incurred while attending activities relating to his professional
growth. These expenses include, but are not limited to, registration, travel,
mileage, lodging, and meals.

15. OUTSIDE ACTIVITIES.

While the Interim Superintendent shall devote his full time and due diligence to
the affairs and the activities of the District, the Interim Superintendent may serve
as a consultant, lecture, engage in writing and speaking activities, or engage in
other activities if such activities do not impede the Interim Superintendent’s
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ability to perform the duties of the Interim Superintendent. The Interim
Superintendent shall not engage in other employment, consultant service, or other
activity for which a salary, fee or honorarium is paid without the prior approval of
the Board President and Vice President.

16. PROFESSIONAL LIABILITY.

a. The Board agrees that it shall defend, hold harmless and indemnify the
Interim Superintendent from any and all demands, claims, suits, actions
and legal proceedings brought against the Interim Superintendent in his
individual capacity, or in his official capacity as agent and employee of
the Board, including all legal fees, provided the incident arose while the
Interim Superintendent was acting within the scope of his employment and
excluding criminal litigation and provided such liability coverage is within
the authority of the Board to provide under State law. Except that, in no
case, will individual Board members be considered personally liable for
indemnifying the Interim Superintendent against such demands, claims,
suits, actions and legal proceedings.

b. If in the good faith opinion of the Interim Superintendent, conflict exists


as regards the defense of such claim between the legal position of the
Interim Superintendent and the legal position of the Board, the Interim
Superintendent may engage counsel in which event the Board shall
indemnify the Interim Superintendent for the costs of legal defense as
permitted by State law. The Board shall not, however, be required to pay
any costs of legal proceedings in the event the Board and the Interim
Superintendent have adverse interests in such litigation.

c. This Section 16 shall survive the termination of this Contract.

17. CONTRACT TERMINATION.

a. By Mutual Consent. During the term of this Contract, upon mutual written
agreement by the Board and the Interim Superintendent, this Contract and
the employment of the Interim Superintendent may be terminated without
penalty or prejudice against either the Board or the Interim
Superintendent, upon such terms and conditions as may be agreed and set
forth in such Contract by the parties.

b. By Board Discretion. The Interim Superintendent serves at the pleasure of


the Board and the Board, in its discretion, shall have the option to
terminate this Contract during the term of this Contract. The Board shall
follow the procedures and processes identified in the Iowa Code.

c. By Interim Superintendent Discretion. The Interim Superintendent, in his


discretion, shall have the option to terminate this Contract during the term
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of this Contract by filing a written resignation with the Board secretary on
or before May 1, 2021.

18. ACCORD AND SATISFACTION.

In light of the consideration exchanged herein, the parties expressly acknowledge


and agree that this agreement constitutes an accord and satisfaction and that each
party expressly releases, acquits, and discharges the other from any and all
liability whatsoever including all claims, demands, and causes of action of every
nature affecting either of them that either party may have or claim to have related
to the prior employment contract between the Interim Superintendent and the
Board and the amendments thereto.

19. SAVINGS CLAUSE.

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

20. ENFORCEABILITY.

This Contract shall be effective only upon signature of the Interim Superintendent
and of the Board President after authorization for such signatures by the officers
is given by the Board in a lawfully called open meeting and as reflected in the
minutes of said meeting. This Contract is invalid if the Interim Superintendent is
under contract with another Board of Directors in this or another state for the
same period of time, until such Contract is released or terminated by its
provisions.

IN WITNESS WHEREOF, we have hereunto affixed our signatures and dates as set
opposite our names.

IOWA CITY COMMUNITY SCHOOL DISTRICT

DATE: _______________ _________________________________________


BY: Janet Godwin, President, Board of Directors

INTERIM SUPERINTENDENT

DATE: ________________ _________________________________________


Matthew Degner, Interim Superintendent

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