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WILSON INDEPENDENT SCHOOL DISTRICT
SUPERINTENDENT'S EMPLOYMENT CONTRACT
STATE OF TEXAS
搂
搂 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LYNN
搂
THIS SUPERINTENDENT'S EMPLOYMENT CONTRACT ("Contract") is made and
entered into effective the 11th day of January, 2007, by and between the Board of Trustees (the
"Board") of the Wilson Independent School District (the "District") and Mike Jones
("Superintendent").
W I T N E S S E T H:
NOW, THEREFORE, the Board and the Superintendent, for and in consideration of the
terms hereinafter established and pursuant to Section 11.201 of the Texas Education Code, have
agreed, and do hereby agree, as follows:
I. Term
1.1 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 for a term of four (4) years, commencing on July 1, 2007, and ending on June 30, 2011.
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 state law.
1.2 The Board has not adopted any policy, rule, regulation, law, or practice providing for
tenure. No right of tenure is created by this Contract. No property interest, express
or implied, is created in continued employment beyond the Contract term.
II. Employment
2.1 Duties The Superintendent is 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 and as may be lawfully assigned by the Board, and shall comply with all lawful
Board directives, state and federal law, district policy, rules, and regulations as they exist or may
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hereafter be 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, re-organize, 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 lawful directives, the Board's policies, and state and
federal law. It shall be the further duty of the Superintendent to accept all resignations of
employees of the District consistent with the Board's policies, except the Superintendent's
resignation, which must be accepted by the Board. The Superintendent shall perform the duties
of the Superintendent of Schools for the District with reasonable care, diligence, skill and
expertise. All duties assigned to the Superintendent by the Board shall be appropriate to and
consistent with the professional role and responsibility of the Superintendent.
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 State Board for Educator
Certification and all other certificates required by law.
2.3 Reassignment The Superintendent cannot be reassigned from the position of
Superintendent to another position without the Superintendent's express written consent.
2.4 Board Meetings The Superintendent shall attend, and shall be permitted to attend,
all meetings of the Board, both public and closed, 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, or for purposes of resolving conflicts between individual Board members, or when
the Board is acting in its capacity as a tribunal. In the event of illness or Board President
approved absence, the Superintendent's designee shall attend such meetings.
2.5 Criticisms, Complaints, and Suggestions The Board, individually and
collectively, shall refer all substantive criticisms, complaints, and suggestions called to the
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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 action.
2.6 Legal Defense The Board contracts that the District shall provide a legal defense to
Superintendent in connection with any and all demands, claims, suits, actions, or any legal
proceedings brought against the Superintendent in his individual capacity or in his official
capacity providing the incident(s) which is (are) the basis of any claim or lawsuit arose while the
Superintendent was acting within the course and scope of his employment with the District. The
District shall provide insurance coverage to protect the Superintendent as set forth herein. The
District's obligation to provide a legal defense to the Superintendent under this paragraph
survives the termination of this Contract.
III. Compensation
3.1 Salary The District shall provide the Superintendent with an annual salary in the
sum of SIXTY-EIGHT THOUSAND AND NO/100 DOLLARS ($68,000.00). This annual
salary rate shall be paid to the Superintendent in equal installments consistent with the Board's
policies.
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 set forth pursuant to Section 3.1 of this Contract
except by mutual agreement of the two parties. Such adjustments shall be made pursuant to a
lawful Board resolution. In such event, the parties agree to provide their best efforts and
reasonable cooperation to execute a new contract incorporating the adjusted salary.
3.3 Insurance The District shall provide TRS ActiveCare 2 to pay at least the
premiums for hospitalization and major medical insurance coverage for the Superintendent and
his/her family pursuant to the group health plan provided by the District for its administrative
employees.
3.4 Vacations, Holiday and Personal Leave The Superintendent may take, at the
Superintendent's choice, subject to the Board's approval, the same number of days of vacation
authorized by policies adopted by the Board for administrative employees on twelve-month
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contracts, the days to be in a single period or at different times. The vacation days taken by the
Superintendent will be taken at such time or times as will least interfere with the performance of
the Superintendent's duties as set forth in this Contract. The Superintendent shall observe the
same legal holidays as provided by Board policies for administrative employees on twelvemonth
contracts. The Superintendent is hereby granted the same personal leave benefits as
authorized by Board policies for administrative employees on twelve-month contracts.
3.5 Professional Growth The Superintendent shall devote the Superintendent's 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 the
Superintendent's active attendance at and participation in appropriate professional meetings at
the local, regional, and state 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
the Superintendent's 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 the Superintendent as the Superintendent and the Board deem appropriate, to attend such
seminars, courses or meetings. The District does hereby agree to provide in the District's budget
during the term of this Contract for the benefit of the Superintendent, a professional development
budget per contract year to be used for registration, travel, meals, lodging, and other related
expenses. The District shall pay the Superintendent's membership dues for two (2) professional
associations selected by the Superintendent, as necessary to maintain and improve the
Superintendent's professional skills.
3.6 Civic Activities The Superintendent is encouraged to participate in community and
civic affairs.
3.8 Expenses The District shall pay or reimburse the Superintendent for reasonable
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 for travel. Such actual or incidental
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costs may include, but are not limited to, gasoline, hotels and accommodations,
meals, rental car, and other expenses incurred in the performance of the business of
the District. The Superintendent shall comply with all procedures and
documentation requirements in accordance with Board policies.
3.9 Automobile Benefit The District shall provide the Superintendent with an
automobile for personal and business use. The District shall pay all operation expenses of any
nature with regard to the automobile and shall maintain an automobile insurance policy on the
automobile with the Superintendent as a named insured.
3.10 Professional Legal Liability Insurance The District shall obtain, if available, and
pay premiums for a Professional Legal Liability Insurance policy with the Superintendent as the
named insured.
3.11 Housing Benefit The District shall provide suitable housing to the Superintendent
during the term of this Contract and agrees to pay for maintenance and other housing costs,
excluding utilities.
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 Times 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 duties of the Superintendent as
outlined in the Superintendent's job description.
5.2 Confidentiality Unless the Superintendent expressly requests otherwise in writing,
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
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their respective legal counsel.
5.3 Evaluation Format and Procedures The evaluation format and procedure shall be
in accordance with the evaluation instrument selected by the Board in accordance with the
provisions of Article V of this Contract, 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
by the Board and such modifications would require new or different performance expectations,
the Superintendent shall be provided a reasonable period of time to demonstrate such expected
performance before being evaluated.
VI. Renewal or Nonrenewal of Employment Contract
6.1 Renewal/Nonrenewal Renewal or nonrenewal shall be in accordance with Board
policy and applicable law.
VII. Termination of Employment Contract
7.1 Mutual Agreement This Contract shall be terminated by the mutual agreement of
the Superintendent and the Board in writing, 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 The Board may dismiss the Superintendent during the
term of the Contract for good cause. The term "good cause" is defined as follows:
(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 from the Board;
provided, however, the terms and conditions of this paragraph shall
not justify good cause unless the Board has provided the
Superintendent a reasonable opportunity to remediate any
incompetency or inefficiency.
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(c) Insubordination or failure to comply with lawful written Board
directives;
(d) Failure to comply with written Board Policies or District
administrative regulations.
(e) Neglect of duties;
(f) Drunkenness or excessive use of alcoholic beverages;
(g) Illegal use of drugs, hallucinogens, or other substances regulated
by the Texas Controlled Substances Act;
(h) Conviction of a felony or 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 advanced course work or
professional development;
(k) Disability, not otherwise protected by law, that substantially
impairs the Superintendent's performance of required duties;
(l) Immorality, which is conduct 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) Assault on an employee or student;
(n) Knowingly falsifying records or documents related to the District's
activities;
(o) Conscious misrepresentation of material facts to the Board or other
District officials in the conduct of the District's business;
(p) Failure to fulfill requirements for superintendent certification;
(q) Failure to fulfill the requirements of a deficiency plan under an Emergency Plan;
(r)
Consolidation of the District with one or more other school districts; or,
(s) Any other reason constituting "good cause" under Texas law.
7.4 Termination Procedure In the event the Board terminates this Contract for "good
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cause," the Superintendent shall be afforded all the rights as set forth in the Board's policies, and
state and federal law.
Article VIII. Miscellaneous
8.1 Controlling Law This Contract shall be governed by the laws of the State of Texas
and shall be performable in Lynn County, Texas, unless otherwise provided by law.
8.2 Complete Agreement This Contract embodies the entire agreement between the
parties hereto and cannot be varied except by written agreement of the undersigned parties,
except as expressly provided herein.
8.3 Conflicts In the event of any conflict between the terms, conditions and provisions
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 provision had never been contained
herein. All existing 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.
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By: ______________________________________________________
Mike Jones, WISD Superintendent
EXECUTED this __ ___ day of ___ ____, 2007
By: ____________________________________________
Clyde Wilke
President, Board of Trustees
EXECUTED this __ ___ day of ___ ____, 2007
ATTEST:
By: _____________________________________________
Lonnie Paul Donald
Secretary, Board of Trustees
EXECUTED this _ ____ day of ___ _____, 2007
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