Plano Superintendent 2010-11

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1 PLANO INDEPENDENT SCHOOL DISTRICT

CONTRACT OF EMPLOYMENT

This Contract of Employment ("Agreement") is made and entered into by and betweenthe Board of Trustees (the "Board") of the PLANO INDEPENDENT SCHOOL DISTRICT (the"District") and DOUGLAS W. OTTO (the "Superintendent").

Pursuant to the authority of 11.201, et seq. of the Texas Education Code and the generallaws of the State of Texas, the Board and the Superintendent hereby agree as follows:

I.

TERM

1.1 Term. The Board, by and on behalf of the District, hereby employs the

Superintendent, and the Superintendent accepts such employment, for a term commencing onJuly 1,2010 and ending on June 30, 2015, or terminated earlier as herein provided. The Districtmay, by action of the Board, and with the consent and approval of the Superintendent, extendthe term of this Agreement as permitted by state law.

1.2 Tenure. The parties agree that the District and the Board have not adopted anypolicy, rule, regulation, law or practice providing for tenure. No right of tenure is created bythis Agreement. No property interest, express or implied, is created in continued employmentbeyond the term of this Agreement.

II.

EMPLOYMENT

2.1 Duties. The Superintendent is the chief administrator and executive officer of theDistrict and shall administer the District in accordance with the Board's Policies. As such, theSuperintendent shall assign the administrative and supervisory staff in the manner which, in hisjudgment, best serves the public schools of the District. The responsibility for selection and/or promotion of personnel shall be vested in the Superintendent and his staff, subject to theapproval of the Board. The Superintendent shall faithfully perform the duties of Superintendentof Schools for the District as prescribed in the job description and as may be assigned by theBoard. The Superintendent shall comply with all Board directives, policies, rules andregulations, and state and federal laws, as they exist or may hereinafter be amended or adopted.The Superintendent shall perform the duties of the Superintendent of Schools for the Districtwith reasonable care, skill and expertise and in a thorough, prompt and efficient manner. Exceptas provided in this Agreement, the Superintendent agrees to devote his full time and energy tothe performance of these duties in a faithful, diligent, conscientious and efficient manner.

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2.2 Professional Certification and Records. The Superintendent shall maintain at alltimes during the term of this Agreement valid and appropriate certification to act as aSuperintendent of Schools in the State of Texas as prescribed by the laws of the State of Texasand the rules and regulations of the Central Education Agency and shall provide evidence ofsuch certification to the Board upon request at any time. The Superintendent shall also provideevidence of educational attainment, degrees earned, previous professional experience and otherrecords required for the personnel files of the District. Failure to maintain valid and appropriatecertification shall render this Agreement void, and any material misrepresentation in any recordsprovided to the District shall be grounds for termination.

2.3 Reassignment. The Superintendent is employed specifically and solely toperform the duties of Superintendent of Schools for the District and may not be reassigned fromthe position of Superintendent to any other position in the District except by mutual writtenagreement of the parties.

2.4 Complaints. The Board will refer criticisms and complaints called to its attention

to the Superintendent.

III.

COMPENSATION

3.1 Annual Base Salary. The Superintendent shall be paid an annual base salary ofTwo Hundred Ninety One Thousand Seven Hundred Sixteen Dollars and No cents($291,716.00) effective July 1, 2010, payable in equal installments consistent with BoardPolicies.

3.2 Salary Adjustments. At any time during the term of this Agreement, the Boardmay, in its discretion and consistent with applicable law, review and adjust the salary of theSuperintendent, but in no event shall the Superintendent be paid less than set forth above, exceptby mutual written agreement of the parties. Any adjustments in salary shall be in writing andsigned by the parties.

IV.

BENEFITS

4.1 Travel Expenses. The Superintendent shall be reimbursed for reasonable andnecessary travel, lodging and meal expenses incurred in providing services to the District.

4.2 Automobile Expenses. The Board shall provide the Superintendent with anautomobile allowance in the sum of One-Thousand Two-Hundred Dollars ($1,200.00) per




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month. In addition, the District shall provide the Superintendent a credit card for District andreasonable personal needs to purchase fuel for the automobile and reimburse him for suchcharges. The automobile may be used for business and personal purposes. The Superintendentshall comply with all policies, procedures and documentation requirements established by theBoard, the District's independent auditors and the state and federal laws regarding the use of theautomobile.

4.3 Superintendent Employment Benefits. The Superintendent shall receive sickleave, vacation, life and health insurance coverage and other personal and fringe benefitsprovided by the District for its administrative employees in accordance with applicable law.Vacation days taken by the Superintendent will be taken at such time(s) as will least interferewith the performance of the Superintendent's duties as set forth in this Agreement.

4.4 Family Insurance Benefits. To the extent permitted by state and federal law, theBoard will pay the premiums for hospitalization, major medical and dental insurance for theSuperintendent's spouse and each child of the Superintendent to the age of twenty two (22)pursuant to the group health care plan provided by the District for its administrative employees.

4.5 Professional Activities. The Superintendent shall attend and participate inappropriate professional meetings at the local, state and national levels with reasonable expensesfor such attendance and participation to be borne by the District, including membership fees anddues of the Superintendent in such organizations as he deems appropriate in the performance ofhis duties, all of which shall be in accordance with the rules and regulations of the Board and thelaws of the State of Texas. Superintendent expense vouchers shall be reviewed and approved bythe President of the Board of Trustees. Copies of all approved expense vouchers shall bemaintained in the Superintendents office and available for review by individual trustees. TheSuperintendent may hold offices or accept responsibilities in these professional organizations, provided that such responsibilities do not interfere with the performance of his duties as

Superintendent. In addition, the Board expects and encourages the Superintendent, as part of hisduties to the Board and at his own expense except as provided below, to belong to civic clubsand other local organizations in Plano, Texas. The Board will pay the reasonable costs andexpenses for attendance or membership to one social or civic organization.

4.6 Home Internet Connection. Effective July 1, 2004, the Superintendent shall bereimbursed monthly for the charges for high-speed internet connection service at his residence.

4.7 Life Insurance . The District shall purchase and maintain during the term of thisAgreement one (1) or more life insurance policies providing a death benefit to theSuperintendent or any beneficiary designated in writing by the Superintendent in the amount ofTwo Hundred Thousand Dollars ($200,000.00). Such policy or policies, together with all cash




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values and other accruals thereto, shall be owned by the District and may contain a death benefitin excess of the Two Hundred Thousand Dollar ($200,000.00) benefit provided above, whichexcess benefit shall be payable to the District. The life insurance policy or policies acquired bythe District from time-to-time in satisfaction of its obligation under this Paragraph 4.6 are asfollows:

Phoenix Home Life Mutual Insurance CompanyPolicy No.: 2 683 522Insured: Douglas Wayne OttoPolicy Date: September 10, 1995Face Amount: $325,000.00Beneficiaries: $200,000.00 to the trust in the name of the insured,

and the balance to the Plano Independent SchoolDistrict

4.8 Deferred Annuities. Effective July 1, 2002, the Board will make a contributionof Ten Thousand Dollars ($10,000.00) annually to a 403(b) Plan to be invested by theSuperintendent and approved by the Board (the First Annuity). A copy of the Plan is attachedhereto. Any amendments to the Plan will be approved by the Board.

In addition to the First Annuity, the Board, beginning July 1, 2002, will make asecond contribution of Ten Thousand Dollars ($10,000.00) annually to a 403(b) Plan to beinvested by the Superintendent and approved by the Board (the Second Annuity). A copy ofthe Plan is attached hereto. Any amendments to the Plan will be approved by the Board.

V.

NON-RENEWAL/TERMINATION OF EMPLOYMENT CONTRACT

5.1 Non-Renewal. The Board may non-renew this Agreement in conformance withthe terms of Subchapter E, 21.201, et seq., Texas Education Code. In the event the Board doesnot renew this Agreement, the Superintendent shall be afforded all the rights set forth in theBoard's Policies and state and federal law.

5.2 Termination. This Agreement may be terminated by mutual written agreement ofthe Board and the Superintendent at any time upon such terms and conditions as may bemutually agreeable to the parties. In addition, this Agreement shall be terminated upon theretirement or death of the Superintendent. The Board may dismiss the Superintendent during theterm of this Agreement for good cause as that term is applied under Texas law, provided that theSuperintendent shall be provided all procedural and substantive rights as set forth in the Board'sPolicies and applicable state and federal law. In the event the Superintendent resigns or




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voluntarily terminates his contract with the District, the parties agree the Superintendent shallforfeit any accrued employee benefits including, but not limited to, accrued vacation pay andday salary. If the Superintendent chooses to engage the services of legal counsel to representhim in any such manner, he shall pay the costs thereof.

VI.

EVALUATION

6.1 Annual Evaluation and Assessment of Performance. The Board shall evaluateand assess the performance of the Superintendent in writing in January of each year during theterm of this Agreement, and at such other times as deemed necessary and appropriate by theBoard. The meetings at which the Board evaluates and assesses the performance of theSuperintendent will be held in closed session unless the Board and the Superintendent mutuallyagree that they should be held in open session. The evaluation and assessment of performanceshall be in accordance with the Board's Policies and state and federal law and shall be related tothe duties of the Superintendent as outlined in the Superintendent's job description and the goals

and objectives approved by the Board for the year of the evaluation.

VII.

PHYSICAL CONDITION AND DISABILITY

7.1 Medical Examination. The Superintendent shall undergo a comprehensivemedical examination not less than once every two (2) years and not more than once per yearperformed by a licensed physician mutually acceptable to the Board and the Superintendent.The physician shall submit a confidential fitness report, verifying the Superintendent's fitness toperform the Superintendent's duties, and copies of all such statements shall be confidential to the

extent permitted by law. The report will be submitted to the Superintendent but shall beavailable for review by a Trustee at any time. The District shall pay all reasonable and actualcosts of the annual physical examination.

7.2 Disability. Should the Superintendent become unable to perform any or all of theduties of his position by reason of illness, accident or other cause, and said disability exists afterall sick leave and vacation time has been exhausted, the Superintendent shall be entitled up toone hundred eighty (180) days of leave of absence for temporary disability. If such disabilitycontinues after the exhaustion of all sick leave and vacation time and one hundred eighty (180)additional days of temporary disability, or if such disability is permanent or irreparable asdetermined by the physician mutually acceptable to the Board and the Superintendent, or suchdisability is of such a nature as to make performance of the Superintendent's duties impossible,the Board may, at its option, terminate this Agreement, whereupon the respective rights, dutiesand obligations herein stated shall terminate.

VIII.




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OUTSIDE EMPLOYMENT

8.1 Outside Employment. Any outside employment of the Superintendent requiresBoard approval in advance of accepting such employment.

8.2 Outside Consulting Activities and the Like. The Superintendent may serve as aconsultant to other school districts or educational agencies, individuals or entities other thanschool districts or educational agencies with prior Board approval.

The Superintendent may, at his discretion, lecture, engage in writing activities andspeaking engagements, and engage in other activities which are of a short term duration.

IX.

MISCELLANEOUS

9.1 Indemnification and Defense. To the extent permitted by law, the District shallindemnify, defend and hold the Superintendent harmless regarding any claims, demands, suits,actions or other legal proceedings against the Superintendent for any act or failure to actinvolving the exercise of judgment and discretion within the normal course and scope of hisduties as Superintendent of the District, to the extent and to the limits permitted by law. Thisparagraph does not apply if the Superintendent is found to have acted with gross negligence orwith intent to violate a person's clearly established legal rights, or to have engaged in criminalconduct. The District may, at its sole discretion, fulfill its obligations under this paragraph bypurchasing appropriate insurance coverage for the benefit of the Superintendent. No individualmember of the Board shall be personally liable for indemnifying or defending theSuperintendent under this paragraph. The District's obligation to indemnify, defend and hold the

Superintendent harmless under this paragraph survives the termination of this Agreement.

9.2 Controlling Law. This Agreement shall be governed by the laws of the State ofTexas, and it shall be performable in Collin County, Texas.

9.3 Complete Agreement. This Agreement embodies the entire understanding andagreement of the parties and supersedes all other agreements and understandings, both writtenand oral. Any additions, deletions or modifications to the terms and conditions of thisAgreement, including, but not limited to, changes in the term of the Agreement or the baseannual salary of the Superintendent, shall be made only by written addendum signed by bothparties. Any prior agreement between the parties, oral or written, is terminated and supersededby this Agreement by the parties mutual consent as of the effective date of this Agreement.

9.4 Notice. Any notice required or permitted to be delivered hereunder shall bedeemed to be delivered, whether or not actually received, when deposited in the United States




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Mail, postage pre-paid, certified mail, return receipt requested, addressed to either party, as thecase may be, at the addresses contained herein.

9.5 Conflicts. In the event any conflict between the terms, conditions and provisionsof this Agreement and the provisions of the Board's Policies, the Texas Education Code or anyother state or federal law, then, unless otherwise prohibited by law, the terms of this Agreementshall take precedence over the contrary provisions of the Board Policies and/or any such law.

9.6 Savings Clause. In the event any one (1) or more of the provisions contained inthis Agreement shall, for any reason, be held to be invalid, illegal or unenforceable, suchinvalidity, illegality or unenforceability shall not affect any other provision thereof, and thisAgreement shall be construed as if such invalid, illegal or unenforceable provision had neverbeen contained herein.

9.7 Multiple Originals. This Agreement is executed in two (2) originals, one for theBoard and one for the Superintendent, each of which shall constitute but one and the sameinstrument.

PLANO INDEPENDENT SCHOOLDISTRICT BOARD OF TRUSTEES

By: __________________________ Date:_______________ Its: President

Address: Plano Independent School District2700 W. 15th StreetPlano, Texas 75075

ATTEST: PLANO INDEPENDENT SCHOOLDISTRICT BOARD OF TRUSTEES

By: __________________________ Date:_______________ Its: Secretary

Address: Plano Independent School District2700 W. 15th StreetPlano, Texas 75075




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________________________________ Date:_______________ Superintendent

Address: Douglas W. Otto2404 SkipwithPlano, Texas 75023



Documents

Plano Superintendent 2010-11