Allan Gordon Superintendant Employment Contract

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EMPLOYMENT AGREEMENT
Superintendent

THIS AGREEMENT is made this November 16, 2006, by and between the
Governing Board of the Saint Helena Unified School District (“District’ or “Board”) and Allan E. Gordon (“Superintendent”), hereinafter “Superintendent.”

1.Term. The parties hereto agree that the Employment Agreement between the District and the Superintendent, dated February 14, 2006 and effective for the term of July 1, 2005 through June 30, 2009 is hereby terminated and the Superintendent is reelected for a new term commencing July 1, 2006 and ending June 30, 2010, subject to the terms and conditions set forth below.
The Superintendent shall be required to render 220 “duty days” per year of full and regular services to the District during the terms of this Agreement. Non-duty days shall be scheduled by the Superintendent so as to avoid, as much as reasonably possible, disruption of his or her duties. Reasonable sick time is allowed and it is considered reasonable not to exceed twelve (12) duty days per year. The Board wilt need to be notified if unusual circumstances occur.

2.Salary. The Superintendent’s annual salary shall be $235,058 per year payable in twelve (12) equal monthly payments,. The Superintendent shall receive without further action of the Board in each fiscal year hereunder the same raise in salary (reflected as a percentage cost of living adjustment or other type of payment) as that received by the teachers of the District. The Board reserves the right to increase the Superintendent’s salary for any year or any portion of a year of this contract with the mutual written consent of the Superintendent and the Board. Such a change in salary shall not constitute the creation of a new contract nor extend the termination date of the Agreement.

3.Fringe Benefits
a. Health. The Superintendent shall be entitied to purchase, at his own expense, any or all of the health, dental, vision benefits as are provided to other certificated employees of the District. The Superintendent may have his payments for any such benefits deducted from his salary pursuant to the District’s IRC 125 Plan.
b. Term Life Insurance Policy. The Superintendent shall purchase a term life insurance policy in which the District shall be named as co-beneficiary up to the amount of $25,000.
c. Expense Reimbursement. The District shall reimburse the Superintendent for actual and necessary expenses, incurred by the Superintendent within the scope of his employment, for conference, travel, lodging and dues (md. ASCA) or these may be paid directly by the District. All other expenses of this type shall be borne by the Superintendent.
d. Mileage Reimbursement. The District shall reimburse the Superintendent for mileage incurred for work related travel at the rate established by Board policy.

4. Superintendent’s Duties
a. General Duties The Superintendent is employed as a District Superintendent and shall perform the duties of District Superintendent as prescribed by the laws of the State of California and the District’s job description for the Superintendent, if any. The Superintendent shall have primary responsibility for execution of Board policy and responsibility for the duties prescribed by Education Code Section 35035. The Superintendent shall be the Board’s chief executive officer.
b. Personnel Matters The Superintendent shall have primary responsibility in making recommendations to the Board regarding all personnel matters, including selection, assignment and transfer and dismissal of employees.
c. Administrative Functions The Superintendent as chief executive officer, shall: (1) review all policies adopted by the Board and make appropriate recommendations to the Board; (2) periodically evaluate or cause to be evaluated all District employees; (3) advise the Board of sources of funds that might be available to implement present or contemplated District programs; (4) assume responsibility for those duties specified in Education Code section 35035; (5) endeavor to maintain and improve his or her professional competence by all available means, including subscription to and reading of appropriate periodicals and membership in appropriate professional associations; (6) establish and maintain positive community, staff and Board relations; (7) serve as liaison to the Board with respect to all matters of employer-employee relations and make recommendations to the Board concerning those matters; (8) recommend to the Board District goals and objectives; (9) unless unavoidably detained, attend all regular, special and executive session meetings of the Board.
d. Professional Meeting The Superintendent is expected to attend appropriate professional meetings at local, state and national levels and to periodically report to the Board his appraisal of such meetings. The Superintendent shall give proir notice to the Board when he attends a function outside of the County.

5. Outside Professional Activities By prior approval of the Board, the Superintendent may undertake for consideration outside professional activities, including, but not limited to, consulting, speaking and writing, so long as such outside professional activities do not, in the Board’s sole judgment, interfere with the Superintendent’s performance of his or her duties. The Superintendent’s outside professional activities shall not occur during work hours. In no event will the Board be responsible for any expenses attendant to the performance of such outside activities.

6. Evaluation The Board may evaluate and discuss the performance of the Superintendent at any time during the term of this Agreement, and provide a written evaluation report to the Superintendent at least once a year. If the Board determines that the performance of the Superintendent is unsatisfactory, the Board shall communicate, its evaluation to the Superintendent. All written evaluations shall be delivered to the Superintendent and a copy of the evaluation shall be placed in the Superintendent’s personnel file. The Superintendent’s written comments shall be filed with the evaluation in a sealed envelope in the Superintendent’s personnel file and marked as “Confidential: To be Opened by Authorized Personnel Only.”
The Board shall, if requested by the Superintendent, meet and discuss the contents of the evaluation with the Superintendent within a reasonable time after the Superintendent has heard or received the evaluation. Evaluations of the Superintendent shall only be discussed in closed session.

7. Physical Examination: The Superintendent shall undergo a physical examination at least once every other year to determine his ability to perform his duties, The report of the physical examination shall be given directly to the Superintendent; however, the examining physician shall advise the Board in writing of the Superintendent’s continued physical fitness to perform the duties of Superintendent. The costs of the physical examination shall be paid by the District unless such costs are covered by an applicable health insurance plan.

8 Termination of Contract
a. Mutual Consent This Agreement may be terminated at any time by mutual consent of the Board and the Superintendent upon thirty (30) days prior written notice provided to the other party.
b. Nonrenewal of Agreement by the District The Governing Board may elect not to renew this Agreement for any reason by providing the Superintendent with forty-five (45) days written notice prior to the expiration of this Agreement, in accordance with Education Code section 35031. The Superintendent shall inform each member of the Board of this notice requirement on or before March 1 of the year in question.
c. Termination as Superintendent for Cause. The Superintendent’s employment and all of the Superintendent’s rights under this Agreement may be terminated by the Board at any time for, but not limited to, breach of contract; any ground enumerated in the Education Code; or the Superintendent’s failure to perform his or her responsibilities as set forth in the Agreement, as defined by law, or as specified in the Superintendent’s job description, if any. The Board shall not terminate this Agreement pursuant to this paragraph (c) until a written statement of the grounds of termination has first been served upon the Superintendent. The Superintendent shall then be entitled to a conference with the Board at which time the Superintendent shall be given a reasonable opportunity to address the Board’s concerns. The Superintendent shall have the right to have a representative of his or her choice at the conference with the Board. The conference with the Board shall be the Superintendent’s exclusive right to any hearing otherwise required by law.
d. Early Termination. The Board unilaterally and without cause may terminate this Agreement and the Superintendent’s employment by providing the Superintendent a minimum of forty-five (45) days notice of termination. In consideration of the Board’s right to terminate this Agreement without cause, the District shall pay to the Superintendent his or her then current salary for the remainder of the term of this Agreement or for a period of twelve (12) calendar months following the effective date of termination, whichever is less.
9. General Provisions
a. Governing Law and Venues This Agreement, and the rights and obligations of the parties, shall be governed by and construed in accordance with the laws of the State of California. The parties also agree that in the event of litigation venue shall be the proper state or federal court located in Napa County, California.
b. Entire Agreement This Agreement contains the entire agreement and understanding between the parties. There are no oral understandings, terms or conditions, and neither party has relied upon any representation express or implied, not contained in this Agreement.
c. No Assignment The Superintendent may not assign or transfer any rights granted or obligations assumed under this Agreement.
e. Modification This Agreement cannot be changed or supplemented orally. It may be modified or superseded only by a written instrument executed by both of the parties.
f. Severability If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement shall continue in full force and effect.

/s/ Monty Reedy
President, Board of Trustees
Saint Helena Unified School District
Napa County, California

ACCEPTANCE OF OFFER
I accept the above offer of employment and the terms and conditions thereof and will report for duty as directed above.

I have not entered into a contract of employment with the Governing Board of another school district or any other employer that will in any way conflict with the
terms of this employment agreement.

I hold legal and valid administrative and teaching credentials, each of which is or will be recorded in the Office of the Superintendent of Schools of Napa County before receipt of my first payroll warrant, and I agree to maintain valid and appropriate credentials to act as Superintendent throughout the life of this Agreement. I further certify that I meet the qualifications of Education Code section 35028 and that I have read the entire offer of employment.

/s/ Allan E. Gordon
Dated: 12/1/06