EMPLOYMENT CONTRACT Between TIMOTHY HERN and the BOARD OF EDUCATION of the LODI UNIFIED SCHOOL DISTRICT of SAN JOAQUIN COUNTY, CALIFORNIA

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1 EMPLOYMENT CONTRACT Between TIMOTHY HERN and the BOARD OF EDUCATION of the LODI UNIFIED SCHOOL DISTRICT of SAN JOAQUIN COUNTY, CALIFORNIA This Employment Contract ( Contract ) is by and between the Board of Education of the Lodi Unified School District, referred to as Board or District, and Timothy Hern, referred to as Associate Superintendent/Chief Business Officer or CBO. NOW THEREFORE, District and CBO agree as follows: I. TERM A. This employment contract shall commence on July 1, 2014 and end on June 30, B. The position of Associate Superintendent/CBO is designated as Senior Management of the Classified Service. Accordingly, CBO s employment is subject to provisions of Education Code Sections and II. COMPENSATION A. District shall pay CBO an annual salary of One Hundred Sixty Thousand Dollars ($160,000). B. Salary shall be payable on the last day of each month in installments of onetwelfth (1/12) of the annual salary rate, for services rendered during the preceding month. C. Except with the consent of CBO, The Board shall not adjust CBO s base salary, or Work year (see Article IV.A) during the term of this Contract. III. PROFESSIONAL DUTIES AND RESPONSIBILITIES OF CBO A. The incumbent shall serve as CBO and shall perform all duties as set forth in the attached job description plus such other duties as may be reasonably assigned by the Superintendent and the Board. B. With prior approval of the Superintendent, CBO may undertake consultative work, speaking engagements, writing and lecturing, provided those activities do not interfere with or conflict with CBO s performance of his/her duties under this Contract. When such professional activities are performed for remuneration, such days shall be declared as vacation days. IV. WORK YEAR AND LEAVE BENEFITS A. Full-Time Employment CBO is required to render not less than two hundred eighteen (218) days of service to District during each annual period covered by this Contract. All other 1

2 days are non-duty days. B. Illness Leave CBO shall accrue personal illness leave at the rate of one (1) day per month per Contract year. This leave may accumulate without limit. V. EXPENSES AND OTHER BENEFITS A. General Provisions 1. Except as otherwise provided in this Contract, District shall reimburse CBO for all actual and necessary expenses incurred within the scope of employment. 2. District shall provide CBO with a credit card to facilitate the payment of actual and necessary expenses. 3. Reimbursement of all expenses shall be made in accordance with Board policy. 4. In accordance with prudent business practices, payment shall require counter-signature by the Superintendent. B. Health and Welfare Benefits 1. District does not make a contribution for medical, dental, and vision insurance on behalf of management employees. 2. If an IRC 125 Plan is available to District management employees, CBO may participate in that plan. C. Retiree Benefits 1. Provided CBO meets the criteria set forth in Board Policy he/she shall be entitled to receive a contribution for District-paid insurance premiums after retirement in the same manner that those premiums are paid for other eligible management employees. VI. PROFESSIONAL GROWTH OF CBO A. District encourages the continuing professional growth of CBO through participation in: 1. The operations, programs and other activities conducted or sponsored by local, state and national school board associations; 2. Seminars and courses offered by public or private educational institutions; and 3. Informational meetings with other persons whose particular skills or backgrounds would serve to improve the capacity of CBO to perform his/her professional responsibilities for District. 2

3 B. In its encouragement, District shall permit a reasonable amount of release time for CBO to attend such matters, and shall pay, in accordance with Board policy, necessary and related travel and subsistence expenses. C. All participation requires prior written approval by the Superintendent. VII. EVALUATION A. The Superintendent shall annually evaluate, in writing, the performance of CBO. VIII. TERMINATION OF EMPLOYMENT CONTRACT This Contract may be terminated prior to its stated expiration date by: A. Mutual agreement of the parties. B. Retirement of CBO. C. Physical or mental inability of the CBO to perform assigned duties. D. Termination for Cause. 1. Termination for cause is defined as conduct which is seriously prejudicial to District. This shall include, by way of illustration and not limitation, failure of good behavior either during or outside of duty hours which is of such a nature that it causes discredit to District, unprofessional conduct, incompetency, neglect of duty, or a breach of this Contract. Determination of whether cause exists shall be in the sole discretion of the Board. 2. Should the Board elect to terminate this Contract for cause pursuant to this section, the Board shall notify CBO in writing. Upon request, Board shall serve upon CBO a reasonably detailed statement of the facts upon which the Board has determined that cause exists. CBO will be afforded an opportunity for a meeting which shall include the right to be represented by counsel and the right to call witnesses. This meeting shall occur within thirty (30) days after service of the statement of the facts. If CBO chooses to be accompanied by legal counsel at such meeting, CBO shall bear any costs therein involved. Such meeting shall be conducted in closed session. CBO shall be provided a written decision describing the results of the meeting. E. Termination for Convenience. 1. Notwithstanding any other provision of this Contract, the Board shall have the sole right to terminate this Contract for convenience. 2. CBO shall be given notice of the termination date at least sixty (60) calendar days prior to the selected date. 3. If the Board terminates this Contract pursuant to this paragraph (E.), it shall pay to CBO his/her base salary for the lesser of either twelve (12) months or for that number of months remaining on this Contract. The twelve (12) month payment period shall commence on the date that notice 3

4 was given to CBO. 4. If CBO is gainfully employed, or commences drawing retirement benefits from a retirement system during any portion of the time he/she is being compensated by District pursuant to this Paragraph E., such earnings shall reduce, on a dollar-for-dollar basis, District s obligation under this Paragraph E. For each affected month during the period of time CBO is to be compensated by District pursuant to this Paragraph E., CBO shall provide district with a statement of earnings, if any, which shall become a prorated dollar-for-dollar offset against District s monthly obligation under this Article (VIII) for the following month. 5. The compensation set forth in this Paragraph E. shall be the only compensation of any kind which shall be due CBO if this Contract is terminated by the Board pursuant to this Paragraph E. 6. Note: The following paragraph (E.6.) is set forth only because California Government Code section 53260(a) requires its presence in certain employment contracts. If this Contract is terminated, the maximum cash settlement that CBO may receive shall be an amount equal to the monthly salary of CBO multiplied by the number of months left on the unexpired term of the Contract. However, if the unexpired term of the Contract is greater than eighteen (18) months, the maximum cash settlement shall be an amount equal to the monthly salary of CBO multiplied by eighteen (18). (California Government Code section 53260(a).) Notwithstanding this requirement, district s obligation shall be limited to that set forth in Paragraph E.3 Above. IX. GENERAL PROVISIONS A. This Contract is the full and complete Contract between the parties. It can be changed or modified only in writing, which must be signed by the parties or their successors-in-interest to this Contract. B. Except to the extent that they have been lawfully modified by this Contract, the provisions of this Contract are subject to all applicable laws of the State of California, to the rules and regulations of the State Board of Education, and to the lawful rules and regulations of the Board of Education of the Lodi Unified School District. This contract supersedes all previous contracts and/or addendums by and between the Board of Education of Lodi Unified School District and Timothy Hern. IN WITNESS HERETO, we affix our signatures to this Contract as the full and complete understanding of the relationships between the parties hereto. 4

5 BOARD OF EDUCATION OF THE LODI UNIFIED SCHOOL DISTRICT By: President of the Board of Education By: Vice President of the Board of Education I accept this offer of employment and I agree to comply with the conditions thereof and to fulfill all of the duties of employment of Associate Superintendent/Chief Business Officer of the Lodi Unified School District. Timothy Hern 5