CONTRACT OF EMPLOYMENT BETWEEN THE GOVERNING BOARD OF THE AZUSA UNIFIED SCHOOL DISTRICT AND DR.

LINDA KAMINSKI, SUPERINTENDENT This Contract is made and entered into by and between the Governing Board of the Azusa Unified School District, located in Los Angeles County, State of California (hereinafter called BOARD) and Dr. Linda Kaminski (hereinafter called DR. KAMINSKI or SUPERINTENDENT), as recorded in the minutes of the Board Meeting held June 26, 2012. NOW, THEREFORE, it is hereby agreed as follows: I. TERM OF CONTRACT DR. KAMINSKI is hereby employed as the Districts SUPERINTENDENT. The term of this Contract shall be for three (3) years, commencing July 1, 2012, and concluding June 30, 2015, unless sooner terminated as herein provided. In the event the SUPERINTENDENT receives a satisfactory or better evaluation, the BOARD shall discuss with the SUPERINTENDENT the extension of the term of this Contract by June 30th of each year. Any action to extend this Contract shall be approved by the BOARD at a regularly scheduled BOARD meeting. II. SALARY A. The SUPERINTENDENTs annual base salary shall be $195,000, payable in twelve (12) equal monthly installments, pursuant to the Districts usual payroll procedures. Salary shall be prorated for service of less than a full year. In the event furlough days or other economic concessions are implemented by the BOARD, the SUPERINTENDENT shall take the same concessions as apply to other certificated management employees of the District, with a corresponding proportionate reduction in pay. B. The SUPERINTENDENT shall be eligible to receive longevity increments on such terms as the Board establishes from time to time for certificated management employees of the District. A copy of the current longevity provision, as adopted by the Board on February 20, 2007, is attached hereto as Exhibit A. C. Commencing on or after July 1, 2013, any increase in the SUPERINTENDENTS annual salary will be based upon the evaluation of the SUPERINTENDENTs performance as set forth in Paragraph IX, below. If the SUPERINTENDENT receives a satisfactory or better evaluation, the SUPERINTENDENT shall, without further action of the BOARD, be entitled to minimum base annual salary increases of at least a percentage equal to that received in the then-current school year by 1

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other certificated management personnel, effective at the time the increase is received by other certificated management personnel. Any amounts greater than such minimum base annual salary increases shall be determined by the BOARD at a regularly scheduled meeting. Such increase shall not, however, constitute a new employment agreement or extend the termination date of this Contract. It is further agreed that the minimum base annual salary for each of the subsequent years of this Contract shall not be less than the minimum base annual salary for the first year. Any adjustment in minimum base annual salary made during the term of this Contract shall be in the form of an amendment and shall become a part of this Contract. III. PROFESSIONAL SCHEDULE A. The SUPERINTENDENT shall be required to render twelve (12) months of full and regular service to the District during each annual period covered by this contract (i.e. July 1 through June 30, prorated for partial years of service); provided, however, that the Superintendent shall be entitled to twenty-five (25) days of annual vacation with pay, exclusive of holidays defined in Sections 37220 and 37221 of the California Education Code, and any additional local holidays granted by the BOARD to twelve (12)-month certificated management employees of the District. In no event shall the SUPERINTENDENT be entitled to accrue more than thirty (30) days of unused vacation at any one time. In the event of termination of this Contract, the SUPERINTENDENT shall be entitled to compensation for unused vacation at a salary rate currently in effect at the time of separation from District employment. In no case shall more than thirty (30) days of unused vacation be paid at the expiration or termination of this Contract. Each year of the Contract, the SUPERINTENDENT may at her choice be reimbursed for up to ten (10) vacation days at her then daily rate of pay.

IV.

FRINGE BENEFITS A. The SUPERINTENDENT shall be provided with one (1) day per month sick leave, credited in advance for her current years sick leave entitlement upon initial employment with the District. Earned sick leave may be accrued and accumulated as provided by the Education Code and BOARD rules and regulations. The SUPERINTENDENT shall be provided fringe benefits, including group medical, dental, and vision insurance, on the same terms as are generally provided to other certificated management personnel of the District. In addition, the SUPERINTENDENT shall be provided, during the term of her employment, a $50,000.00 term life insurance policy. The District shall provide reimbursement for all actual and necessary businessrelated expenses incurred in accordance with District policy or incurred with prior approval of the BOARD and paid by the SUPERINTENDENT in the conduct of her duties on behalf of the District. For reimbursement, the SUPERINTENDENT

B.

C.

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shall submit an expense claim in writing supported by appropriate written documentation. V. OUTSIDE PROFESSIONAL ACTIVITIES A. The District encourages the Superintendent to participate in professional organizations and activities. The District shall pay the SUPERINTENDENTs membership dues in ACSA (Association of California School Administrators), plus two additional community service or professional education organizations of her choice. Prior approval of the BOARD shall be obtained when the SUPERINTENDENT attends state and national functions and all actual and necessary expenses of attendance shall be paid by the DISTRICT. The SUPERINTENDENT may engage in outside professional activities such as consulting, speaking, and writing, provided such activities do not interfere with the Superintendents duties, and subject to prior Board approval.

B.

VI.

MEDICAL EXAMINATION A. The SUPERINTENDENT shall have an annual medical examination. Any expense beyond that paid by the DISTRICT insurance will be borne by the DISTRICT for an amount not to exceed Five Hundred Dollars ($500). A statement certifying the SUPERINTENDENTs fitness for duty shall be filed with the President of the BOARD and treated as confidential information by the BOARD.

VII.

POWERS AND DUTIES A. The SUPERINTENDENT shall be the Chief Executive Officer of the Azusa Unified School District and shall serve as Secretary to the BOARD. All powers and duties which may be delegated lawfully to the SUPERINTENDENT are to be executed in accordance with the policies adopted by the BOARD. Such acts as may require ratification by the BOARD shall be referred to the BOARD at the earliest opportunity. The SUPERINTENDENT shall perform the duties of the District SUPERINTENDENT as prescribed by the laws of the State of California including, but not limited to, those duties as described in the Education Code. In addition, the SUPERINTENDENT shall perform such further duties as shall be assigned or required of her by the BOARD. The SUPERINTENDENT shall also perform the following duties: 1. 2. Serve as the responsible Chief Executive Officer of the Azusa Unified School District and be responsible for the administration of the District. With participation of the BOARD, District personnel, parents, and the public, develop and implement an Educational Strategic Plan, including the

B.

C.

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establishment of short-term and long-range priority goals, with clear criteria for determining effective achievement and evaluating outcomes. 3. 4. Represent the interests of the BOARD and the District in day-to-day contact with parents, other citizens, community and governmental agencies. Provide leadership, guidelines, and direction to ensure that policies related to curriculum, instruction, pupil personnel services, personnel, budget and business affairs are carried out. Report regularly to the BOARD information regarding student learning and an analysis of student achievement and test scores. Review all Policies adopted by the BOARD and make appropriate recommendations to the BOARD for addition, deletion, or modification. Manage the evaluation of employees as defined by California law and Board Policy. Advise the BOARD of possible sources of funds which might be available to implement and maintain present or contemplated District programs. Endeavor to maintain and improve her professional competency by all available means, including reading of appropriate periodicals and by joining and/or participating in appropriate professional associations and their activities. Establish and maintain an effective community relations program, including effective relationships with the media and other community organizations. Serve as liaison between the BOARD and the BOARDs representative with respect to all employer-employee matters and make recommendations to the BOARD concerning these matters. Communicate openly and systematically with the BOARD, staff, and the community and keep the BOARD informed of critical issues or incidents. Provide educational leadership, with and through staff, to ensure quality teaching and learning. Other duties and functions as assigned or required by the BOARD.

5. 6. 7. 8. 9.

10. 11.

12. 13. 14.

VIII. BOARD-SUPERINTENDENT RELATIONSHIPS A. The SUPERINTENDENT shall work with the BOARD in developing and maintaining a spirit of cooperation and teamwork in which the BOARD shall accept

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responsibility for formulating and adopting policy and for taking action on matters that, by law, require BOARD action. Administrative responsibility and commensurate authority for administering the school system shall be delegated by the BOARD to the SUPERINTENDENT. B. The BOARD recognizes that it is a collective body and each BOARD member recognizes that his/her power as a BOARD member is derived from the collective deliberation and action of the BOARD as a whole in a duly constituted meeting. Individual BOARD members shall not give direction to the SUPERINTENDENT or any staff member regarding the management of the District or the solution of specific problems. It is agreed that the BOARD, individually or collectively, shall promptly refer any criticism, complaints, or suggestions brought to the attention of the BOARD, or any member thereof, to the SUPERINTENDENT for study and recommendation. The BOARD shall provide the SUPERINTENDENT with periodic opportunities to discuss BOARD-SUPERINTENDENT relationships as they relate to the BOARDs productivity and the effectiveness of the SUPERINTENDENTs leadership. As a part of this process, when it is deemed necessary by either the BOARD or the SUPERINTENDENT, an outside advisor may be retained to facilitate this process. The BOARD shall hold the SUPERINTENDENT accountable to manage the District consistent with the approved policies that establish the BOARDs expectations and what it expects the schools to accomplish. It is through BOARD policy and official BOARD action that the BOARD gives direction to the District. The SUPERINTENDENT shall be held responsible for establishing programs and services and for managing the District to meet the BOARDs expected outcomes, including the provision of data from which the BOARD can evaluate the DISTRICTs achievements. Thus, the BOARD, by exercising its governance and policy-making role, can be assured that it determines what it is the District should accomplish and whether, in fact, the District is accomplishing the BOARDs expectations.

C.

D.

E.

IX.

EVALUATION A. The BOARD shall, at least annually by May 31 of each year, evaluate in writing the performance of the SUPERINTENDENT and the working relationship between the SUPERINTENDENT and the BOARD. This evaluation shall be based upon, but not limited to, the SUPERINTENDENTs performance of the duties and responsibilities contained in the SUPERINTENDENTs job description, along with any written goals or objectives established by the BOARD with respect to the SUPERINTENDENT. The format of the written evaluation shall be devised by the BOARD, with input from the SUPERINTENDENT. The BOARD may also informally assess and discuss the performance of the SUPERINTENDENT, at its discretion, during the course of each school year. Board policies and any related

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regulations concerning the evaluation of other management employees shall not apply to the SUPERINTENDENT. B. The District shall retain a consultant through ACSAs or similar organizations New Superintendent Support Package, to provide leadership coaching services to the SUPERINTENDENT for a period of two years. The consultant shall be recommended by the SUPERINTENDENT and approved by the BOARD. In conjunction with these consulting services, the BOARD may approve reasonable release time as recommended by the SUPERINTENDENT. The District shall pay for the necessary expenses associated with such professional growth activities approved by the BOARD, including transportation, lodging, and subsistence.

X.

OPTION TO TERMINATE A. B. Termination by Mutual Consent. The District and SUPERINTENDENT may, by mutual agreement expressed in writing, terminate this Contract at any time. Termination by the Board. The BOARD unilaterally and without cause may terminate this Contract and the SUPERINTENDENTs employment. In consideration of the BOARDs right to terminate this Contract without cause, the BOARD shall pay the SUPERINTENDENTs then-current salary for the remainder of the Contract or 12 months, whichever is less, consistent with Government Code Sections 53260 and 53261. Upon termination of this Contract pursuant to this section, the SUPERINTENDENT shall continue to receive the health benefit contribution to which she was previously entitled for the remainder of this Contract, but not to exceed 12 months, or until the SUPERINTENDENT finds other employment, whichever occurs first, in accordance with Government Code Section 53261. Termination by the SUPERINTENDENT. Notwithstanding any other provisions of this Contract, the SUPERINTENDENT shall have the option to terminate this Contract by providing the BOARD with a written notice of intent to terminate. This notice shall be provided no less than ninety (90) calendar days prior to said termination date. The SUPERINTENDENT and BOARD may mutually agree to a termination date of less than ninety (90) calendar days. In the event the SUPERINTENDENT becomes a candidate for other employment during the term of this Contract, the SUPERINTENDENT shall, within ten (10) days thereafter, notify the BOARD in writing of her candidacy. Failure to so notify the BOARD of the candidacy shall be deemed to constitute a material breach of this Contract. Termination for Cause. This Contract and the services of the SUPERINTENDENT may be terminated by the BOARD at any time for: (1) refusals or failures to act in accordance with specific provisions of this Contract or BOARD directives; (3) breach of this Contract; (4) failure to implement goals or objectives in an action plan (see Section 5); or (5) any of the grounds enumerated under Education Code Section 44932. The BOARD shall not terminate this Contract under this section until a written statement of the grounds for termination has first been served upon

C.

D.

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the SUPERINTENDENT. In lieu of any other hearing, the SUPERINTENDENT shall then be entitled to a conference with the BOARD within ten (10) work days at which time the SUPERINTENDENT shall be given a reasonable opportunity to address the BOARDs concerns. The SUPERINTENDENT shall have the right, at her own expense, to have a representative of her choice at the conference with the BOARD. The BOARDs determination following any such conference shall be final. E. Non-Renewal of Contract. Notwithstanding any other provision of this Contract or the policies and regulations of the BOARD, the BOARD may elect not to renew this Contract, and/or not to re-employ the SUPERINTENDENT upon expiration of this Contract pursuant to Education Code Section 35031. In such event, the BOARD shall provide the SUPERINTENDENT with forty-five (45) days written notice in advance of the expiration of her term of employment. If such written notice is not provided, the SUPERINTENDENT is deemed reemployed for an additional one-year term under the same terms and conditions as set forth in this Contract. The SUPERINTENDENT shall provide the BOARD with written notice of the provisions of this Paragraph at least ninety (90) days in advance of the expiration of this Contract. The SUPERINTENDENTs failure to do so shall constitute a material breach of this Contract. In the event this Contract is automatically extended for one additional year, any salary increase provided for that year shall not exceed the limit established by Government Code Sections 3511.1 and 3511.2. Abuse of Office. Notwithstanding any other provision of this Contract, and as mandated by Government Code Section 53243 et seq., in the event the SUPERINTENDENT is convicted of a crime constituting abuse of office, the SUPERINTENDENT shall reimburse the District to the fullest extent mandated by Government Code Section 53243 et seq. (i.e. for paid leave, criminal defense expenditures, or any cash settlement). In the event of such conviction, the District shall make no payments barred by Government Code Section 53243 et seq.

F.

XI.

PROFESSIONAL LIABILITY To the extent required by Government Code Sections 825 and 995, the District shall defend the SUPERINTENDENT from any and all demands, claims, suits, actions, and legal proceedings brought against the SUPERINTENDENT in the SUPERINTENDENTs official capacity as an agent and employee of the District, provided the incident arose while the SUPERINTENDENT was acting within the scope of her employment with the District. In no case shall individual BOARD members be considered personally liable for indemnifying the SUPERINTENDENT against such demands, claims, suits, actions, and legal proceedings.

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XII.

APPLICABLE LAW This Contract is subject to all applicable laws of the State of California, rules and regulations of the State Department of Education, and Policies of the BOARD, all of which are a part of the terms and conditions of this Contract.

XIII. SEVERABILITY If any provisions of this Contract are held to be contrary to law by final legislative act or a court of competent jurisdiction, inclusive of appeals, if any, such provisions shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions shall continue in full force and effect. XIV. EFFECT OF AGREEMENT This Contract is the full and complete agreement between the parties hereto, and supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of the SUPERINTENDENT by the BOARD and contains all of the covenants and agreements between the parties with respect to that employment whatsoever. Each party to this Contract acknowledges that no representation, inducements, promises or agreements have been made by any party which is not embodied herein and no other agreement, statement, or promise not contained in this Contract shall be valid or binding on either party. XV. AMENDMENTS Any amendment, modifications, or variations from the terms of this Contract shall be in writing and shall be effective only upon approval of such amendment, modification, or variation by the BOARD and the SUPERINTENDENT. XVI. COUNTERPARTS This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Photographic copies of such signed counterparts may be used in lieu of the originals for any purpose.

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IN WITNESS WHEREOF, the parties hereto have duly approved and executed this Contract on the day and year above written. BOARD OF TRUSTEES OF THE AZUSA UNIFIED SCHOOL DISTRICT

Burke Hamilton, President

Rosemary Garcia, Vice President

Barbara Dickerson, Clerk

Xilonin Cruz-Gonzalez, Member

Yolanda Rodriguez Pea, Member

I hereby accept this offer of employment and agree to comply with each and every condition thereof, and to perform faithfully all of the duties of employment of Superintendent of the Azusa Unified School District. Date of Acceptance: June 26, 2012

Dr. Linda Kaminski, Superintendent

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