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BREMERTON SCHOOL DISTRICT
SUPERINTENDENT’S CONTRACT
It is agreed by and between the Board of Directors of the
Bremerton School District, located in Kitsap County in the State of
Washington, (hereinafter referred to as the Board) and Lester
“Flip” Herndon that the Board, in accordance with its action at its
regular meeting on the day of April, 2009, does hereby employ
Lester “Flip” Herndon (hereinafter referred to as the
Superintendent) as Superintendent of the Bremerton School District.
This employment is for a three year period, commencing July 1, 2009
and ending June 30, 2012.
1. The Superintendent agrees to faithfully perform the duties of
the Superintendent of Bremerton School District as prescribed by
the laws of the State of Washington and by the policies, rules and
regulations made there under by the Board. The annual salary of
$141,500 shall be paid in equal monthly installments in accordance
with the normal payroll procedures of the District. The salary
increase for 2010-2011 and 2011-2012 will be consistent with the
state-funded COLA as allocated by the legislature.
2. The Superintendent agrees to devote the Superintendent’s
time, skill, labor and attention to the duties of the
Superintendent of the Bremerton School District. During the term of
the agreement, the Superintendent will be subject to discharge for
cause.
3. The Superintendent will be expected to maintain a primary or
secondary residence within the Bremerton community, This will allow
him to spend the majority of days and nights in Bremerton. It is
expected that the Superintendent will be an active community
member.
4. The Superintendent may, with prior Board approval, engage in
consulting, speaking engagements, writing, lecturing, or other
business activities during non-contractual time (vacation,
holidays, authorized leaves, and non-duty evenings or weekends)
provided that such activities are not detrimental to or in conflict
with the Superintendent’s performance of duties under this
Agreement, and provided that the Superintendent shall not use
District staff, equipment, or supplies in furtherance of such other
activities.
5. The Superintendent, with Board approval, may attend appropriate
professional meetings at the local, state, and national level.
Reasonable expenses incurred shall be paid by the District. The
District shall pay dues and association fees for the
Superintendent’s membership in the Washington Association of School
Administrators, the American Association of School Administrators,
and other professional and community groups or associations
specifically approved by the Board.
6. The Superintendent shall organize the administrative and
supervisory staff in a manner which, in the Superintendent’s
judgment, best serves students in the Bremerton School District.
The responsibility for selection, placement, and transfer of
personnel shall be vested in the Superintendent.
7. The Superintendent shall join with the Board of Directors of the
District in establishing specific goals, objectives, and timelines,
against which the performance of the Superintendent shall be
measured and evaluated. The Superintendent shall work with the
Board to develop these goals, objectives, and timelines, in
writing, subsequent to June 30th of each year. The Board may make
additions, deletions or modifications, and shall, on or before
September 1st of each year, adopt a final written list of the
goals, objectives, and timelines containing such specificity as
they deem is reasonably necessary to measure and evaluate the
performance of the Superintendent and to meet the needs of the
public. The Board and the Superintendent may, by written agreement,
amend any goals, objectives, and timelines, in whole or in part,
during each contract year. The Superintendent shall submit to the
Board a recommended format and procedure for the evaluation. The
Board shall give the Superintendent advance notice of the final
approved format and procedure before beginning the evaluation of
the Superintendent. It is mutually agreed that the Superintendent’s
job performance will be evaluated twice yearly by the Board with
the results of this evaluation to be made known to the
Superintendent, provided that the Superintendent shall remind the
Board of this duty by February 1 and June 1.
8. It is further agreed that the contract of the Superintendent
will be reviewed by the Board annually, or before its anniversary
date, to consider:
A. Whether a contract extension should be awarded, or whether the
ongoing contract, for expressed reasons, should continue toward its
maturity; and
B. An adjustment in the contracted salary, provided that the annual
salary shall not be reduced below the salary in effect at the time
of review.
Any upward adjustment in salary made during the life of this
contract shall be in the form of an amendment and shall become a
part of this contract, but it shall not be considered that the
Board had entered into a new contract with the Superintendent or
that the termination date of the existing contract has been
extended.
9. Except as may be inconsistent with other terms and conditions
provided herein, the District shall make available to the
Superintendent those leave allowances, holidays, and insurance
benefits ,including medical, dental and vision insurance, as the
District provides to its other certificated employees by contract
or policy.
10. The Superintendent shall have thirty (30) days of paid
vacation per year, to be used upon prior notification to the Board.
Up to ten (10) unused vacation days earned during any one year may
be carried over from year to year to a maximum of thirty (30)
carryover days. The Superintendent may elect to cash out up to ten
(10) unused vacation days at the rate of 1/218th of the
Superintendent’s salary prior to June 30 of each year. Upon
termination of employment, unused vacation will be compensable at
the rate of 1/218th of the Superintendent’s salary, to a maximum of
thirty (30) days or such fewer days as may be necessary so that the
District avoids any attendant financial penalty or additional cost
for such buyout. Vacation accounting will be on a first-in,
first-out basis.
11. The Superintendent shall have a comprehensive medical
examination by a physician of the Superintendent’s choice every two
years. Following such examination, the Superintendent shall arrange
to have the physician send to the Board President a confidential
report generally describing the state of the Superintendent’s
health. The cost of the medical report and the examination shall be
borne by the District if not covered by the Superintendent’s
medical insurance.
12. The Board shall reimburse the Superintendent for all
reasonable and prudent expenses for all business travel, outside of
Kitsap County, at the rate of the most cost-effective method of
travel for the particular trip, in accordance with Board policy as
now or hereafter amended. In lieu of other expense reimbursement
for travel within Kitsap County, the Superintendent shall receive
$400 per month to defray the costs incurred in using the
Superintendent’s automobile for official travel. (Pursuant to RCW
42.24.090, it is the determination of the Board that this means of
reimbursement is less costly than providing a District automobile
to the Superintendent.)
13. In addition to all other compensation provided in this
contract, the Superintendent shall be entitled to twelve (12) days
of supplemental pay, to be paid on a per diem basis, in recognition
of time spent in service to the District beyond that which would be
part of a normal work day/ week/ year. The per diem rate shall be
1/218th of the annual salary applicable at the time. The
supplemental payment shall be calculated and paid to the
Superintendent no later than June 30 of each contract year.
14. The Board agrees to defend, hold harmless, and indemnify the
Superintendent and the Superintendent’s spouse, from any demands,
claims, suits, actions, and legal proceedings brought against the
Superintendent, arising out of the performance, or failure of
performance in good faith of duties for, or employment with the
District, except for criminal matters, or when payment for such
costs or judgment is determined to not be allowed by RCW
28A.320.100 as now or hereafter amended.
15. 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.
16. This contract represents the total agreement between the
parties regarding the employment of the Superintendent by the
Board, and there are no verbal agreements which modify its
terms.
17. This agreement shall be subject to all statutes governing
the public schools of the State of Washington, to all policies,
rules, and regulations of the State of Washington, to all policies,
rules and regulations of, and agreements with, the District’s Board
of Directors existing at the effective date of this agreement, and,
except where inconsistent with the express terms hereof, any future
policies, rules, and regulations of said Board.
Accepted this day of April, 2009
By:
_________________________________________
_________________________
Date
Superintendent
By:
________________________________________
_________________________
Cynthia Galloway, President Date
Bremerton School District Board of Directors
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