NEW LONDON BOARD OF EDUCATION

NEW LONDON, CONNECTICUT

* EMPLOYMENT CONTRACT FOR Nicholas Fischer SUPERINTENDENT OF SCHOOLS It is hereby agreed by and between the Board of Education of the City of New London (Hereinafter referred to as the Board) and Nicholas Fischer (Hereinafter referred to as the Superintendent) that the said Board, by vote pursuant to Connecticut General Statutes Section 10-157, has and does hereby employ Nicholas Fischer as Superintendent of Schools of the City of New London and that Nicholas Fischer hereby accepts employment as Superintendent of Schools upon the terms and conditions hereinafter set forth. As used in this document: A) This employment contract is alternately referred to as contract or Agreement. B) Day means calendar days, including weekends and holidays, unless a contrary meaning is clearly stated. C) Year or contract year means a consecutive period of twelve months from July 1 to June 30, unless a contrary meaning is clearly stated. 1. DUTIES The Superintendent of Schools is the Chief Executive Officer of the Board. In harmony with the policies and directives of the Board, Federal and State laws, and regulations of the State Board of Education, the Superintendent has executive authority over the school system and the responsibility for its supervision. He has the general authority to act at his discretion, subject to later approval by the Board of Education, upon all emergency matters and those as to which his powers and duties are not expressly limited or set forth by law, Board policy, or contract. He advises the Board on policies and on plans that the Board takes under consideration and exercises initiative in presenting the Board with policy and planning issues recommended for the Boards attention. The Superintendent or his designee as approved by the Board shall attend all meetings of the Board and of its committees and shall participate in all Board deliberations, except when matters relating to his own employment are under consideration. The Superintendent and the Board agree that the Superintendent may seek advice and counsel of the Board attorney relating to performance or job responsibilities.

2. OUTSIDE PROFESSIONAL ACTIVITIES The Superintendent may undertake consultative work, speaking engagements, writing, lecturing (including the ability to serve as an adjunct professor), attend conferences, participate in NEASC accreditation team visits, and/or other professional duties and obligations, provided such activities do not materially interfere with the meeting of his responsibilities as Superintendent. 3. TERM The term of employment of Nicholas Fischer as Superintendent of Schools shall be for a three-year period beginning on July 21, 2011 through and including June 30, 2014, subject to extension and termination as provided herein. On June 30 of each year during which this contract is in effect, the contract shall be automatically extended for one additional year, the parties thereby intending to maintain this contract as one with a continuing three-year term; provided however that the Board in its discretion may vote NOT to so extend this contract, in which case this contract will expire at the end of the three-year term that is in effect at the time of said vote not to extend. Any such vote by the Board of Education shall be taken no later than end April of each year; absent such vote, this contract shall automatically extend for said additional one-year term. A determination by the Board during April not to automatically extend this contract for an additional year as provided above shall not constitute a termination of employment for cause as provided by Section 9 of this contract. The Superintendent will be informed in writing of any vote not to extend within seven (7) school days of said vote. 4. COMPENSATION A. The base salary of the Superintendent shall be $151,470.00 per year. Negotiations concerning the Superintendents contract, salary and benefits to be effective the following July 1 shall take place between the parties annually beginning in the month of April 2011 and in each succeeding April during the term of this contract and any extension thereof, as more fully provided in section 3 above. A Cost of Living Adjustment (COLA) shall be automatically granted as of the end of each one year term in an amount equivalent to the Social Security COLA but not to exceed five percent (5.00%). Said COLA adjustment may be subsumed into additional terms and agreements as may be negotiated for the next contract year and shall not be in addition thereto. The Superintendent shall receive his salary, less legally required and other authorized deductions, in periodic payments in the same manner as salary payments are made to other administrators employed by the Board. Any adjustment in salary, benefits, or term made during the life of this contract shall be in the form of an amendment and shall become part of this contract or shall be incorporated in a new signed contract. It is

B. C.

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provided, however, that by so doing, the parties shall not enter into any employment contract having a term of more than three years. 5. LEAVES A. Emergency Leave The Superintendent shall be permitted emergency leave with pay in situations where the issue is of unusual and important significance, normally not weather, wholly beyond his control and shall not be used to extend holidays, weekends, or vacations, and not to exceed a total of five days in any contract year. 6. FRINGE BENEFITS A. Sick Time: The Board of Education shall provide the Superintendent with eighteen (18) sick days annually as of July 1 cumulative to one hundred seventy (170) days. Said eighteen (18) sick days will be added effective each July 1. If all sick leave is used, the Superintendent may petition the Board for a grant of additional sick days and the grant or denial of such a request shall be solely within the Boards discretion. B. Vacation Time The Board of Education shall provide the Superintendent with twenty-five (25) days vacation annually, exclusive of legal holidays. The Board President shall be advised in advance of the Superintendents intended vacation schedule whenever the Superintendent plans to be on vacation for more than five (5) consecutive days. The Superintendent will be allowed to carry over ten (10) vacation days annually with the stipulation that three (3) of these carry over days will be used within six months. Seven (7) vacation days may be accumulated from year to year and at the end of the term of employment, the Superintendent may request to be paid his per diem rate for the year in which the days were earned as a lump sum payment. In the alternative, the Superintendent may elect to be paid this lump sum payment at the end of the contract year in which the vacation days were earned. The calculation of the per diem rate under Section 6.B. of this Agreement shall be calculated by dividing the applicable annual Superintendents salary by two hundred sixty (260). C. Tax Sheltered Annuity The Superintendent may contribute to a plan established under Section 403(b) of the Internal Revenue Code (Tax Sheltered Annuity) of his choice made available through the Boards Disbursing Agent. Annual
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contributions shall be governed by the applicable guidelines. In addition to basic compensation as set forth in Section 4 above, the Board shall annually contribute five thousand ($5,000.00) dollars to the Tax Sheltered Annuity thus designated by the Superintendent. Such contribution by the Board shall be treated as a salary deferral under applicable federal tax rules. At the request of the Superintendent, the Board shall report this as part of the Superintendents compensation for state retirement purposes. D. Insurance Stipend The Board shall provide the sum of six thousand, five hundred dollars $7000.00 per contract year to the Superintendent as an Insurance Stipend so as to allow him to obtain or maintain life insurance, disability insurance or other insurances of his choice. E. Medical Insurance and Dental Insurance During the term of this Agreement, the Superintendent shall, for himself and his eligible dependents, have the option of obtaining medical insurance coverage under the Anthem Blue Cross/Blue Shield Basic Century Preferred Provider Plan (PPO PLAN) with prescription drug coverage, for himself and his eligible dependents, as is provided by the Board for other full time school administrators employed by the Board. The Superintendent shall also, for himself and his eligible dependents have the option of obtaining dental coverage under the Anthem Blue Cross Full Service Dental Plan with Rider A. Additional information concerning insurance follows. The policy descriptions contained in this Agreement are illustrative only and do not change the terms of the actual insurance policies. 1. PPO PLAN a. Coverage is available for the Superintendent and eligible dependents under Anthem Blue Cross/Blue Shield of Connecticut Basic Century Preferred PPO plan written by Anthem Blue Cross. b. From the starting date of the term of this contract, the Superintendent shall pay sixteen percent ( 16.00%) of the total cost of medical insurance for the Superintendent and eligible dependents, and the Board shall pay eighty-four percent (84.00%). c. The employee contribution shall be made via payroll deduction. 2. Dental Plan a. If the Superintendent elects coverage under the PPO Plan, then the Superintendent may elect Anthem Blue Cross Blue Shield Dental coverage with Rider A. b. If elected, the Superintendent shall pay fifteen percent (16.00%) and the Board shall pay eighty-five percent
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(85.00%) of the total costs of said dental plan for the Superintendent and enrolled eligible dependents. c. The employee contributions shall be made via payroll deduction. F. Expenses: 1. Business Expenses: As part of his job responsibilities, it is recognized that the Superintendent will from time to time incur reasonable amounts of ordinary and necessary travel and other related business expenses and Professional Development expenses in the fulfillment of his job duties. The Board agrees to reimburse the Superintendent for such expenses on the submission by the Superintendent of expenses reimbursement vouchers, as well as for the cost of maintaining membership in appropriate professional associations, such as the Southeastern Connecticut Association of School Administrators, the New England Association of School Administrators and the American Association of School Administrators. The annual maximum amount for these purposes which may be reimbursed to the Superintendent during each July 1-June 30 year of this contract is set at $6,000.00. If said funds are exhausted in any one year, the Superintendent may seek Board Approval for any such further expenses. 3. Automobile Use Expenses: In recognition of the fact that the Superintendents job requires him to drive his personal automobile on a regular basis during working hours in the performance of his job duties, the Board will provide the Superintendent with an automobile stipend allowance of $500.00 per month for the duration of this contract, as reimbursement for ordinary and necessary business travel in his personal automobile. No expense voucher need be submitted for this $500.00 monthly payment. The payment of such automobile stipend shall in no way restrict the Superintendents personal use of his automobile.

7.

MISCELLANEOUS CONDITIONS OF EMPLOYMENT A. Medical Examination: The Superintendent shall have an initial comprehensive medical examination prior to assuming the superintendency, and a statement signed by the physician performing the examination, certifying the examination has been performed and that the Superintendent is fit to carry out his duties shall be filed with the secretary of the Board and treated as confidential information by the Board. The entire cost of said medical examination and certification shall be borne by the Board. Thereafter, this will be an annual requirement. B. Residency in New London: The Superintendent shall establish residency within the City of New London as defined by the current Charter of the City of New London, Connecticut.

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8.

EVALUATION AND EVALUATION FORMAT The Board shall evaluate and assess in writing the performance of the Superintendent on an annual basis in accordance with the Connecticut General Statutes during the term of this Agreement. Said evaluation and assessment shall be reasonable related to the goals and objectives of the New London Public Schools for the year in question. The Superintendent Evaluation and format as adopted by the Board of Education on June 22, 2006 is hereby incorporated by reference as if more fully set forth herein and is attached hereto as Exhibit A. This 2006 Evaluation format shall be subject to annual review and modification based on the goals and objectives of the New London Public Schools for the year in question.

9.

TERMINATION A. The parties may, by mutual consent, terminate this contract at any time. B. The Superintendent shall be entitled to terminate this contract upon written notice of ninety days, delivered to the Board at least ninety days before its effective date. C. In addition to the foregoing, the Board may terminate the contract of employment at any time during its term for one or more of the following reasons: i. Inefficiency or incompetence; ii. Insubordination against reasonable rules of the Board of Education; iii. Moral misconduct involving illegal conduct by the Superintendent; iv. Disability, as shown by competent medical evidence, that prevents the Superintendent from substantially performing his essential job duties; v. Other due and sufficient and just cause, which shall include (a) material breach of this Agreement by the Superintendent and/or (b) failure of the Superintendent to maintain the credentials and qualifications for the position of Superintendent as required by this contract. In the event the Board seeks to terminate the contract for one or more of the above reasons, it shall serve on the Superintendent written notice that termination of his contract is under consideration. Such notice shall be accompanied by a written statement of reasons. Within fifteen (15) days after receipt from the Board of written notice that the contract termination is under consideration, the Superintendent may file with the Board a written request for a hearing before the Board which hearing shall be

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commenced within twenty (20) days after receipt of such request. The Board shall render its decision within fifteen (15) days of the conclusion of such hearing and shall send a copy of its decision setting forth the reasons and evidence relied upon to the Superintendent. The Board shall be entitled to present evidence at this hearing through the President of the Board or his or her designee. The Boards decision shall be based upon the evidence presented at the hearing. The Superintendent has the option of having the hearing in executive or public session. The Superintendent shall also have the right to his own counsel, at his own expense, with full rights to confront witnesses and present evidence. Any time limits established herein may be waived by mutual agreement of the parties. D. If the Superintendent is terminated on account of disability as provided herein as shown by competent medical evidence, the Board shall pay the Superintendents unused accumulated sick leave, and unused accrued vacation benefits provided in this Agreement. E. Notwithstanding the foregoing provisions regarding termination for cause after notice and an opportunity to be heard, it is agreed by the Superintendent and the Board of Education that after the first full year of the Superintendents employment, hereunder the Board shall be entitled at its option to terminate the employment of the Superintendent for any reason at any time without notice or hearing as provided above. If the Board elects to terminate the contract under this provision, it will compensate the Superintendent in the amount of twelve (12) months compensation. Such compensation will be due to the Superintendent as of the effective date of termination. This option may be invoked by the Board at any time and, if invoked, shall operate as a waiver by the parties of any and all notice and hearing procedures to terminate employment. If the Board institutes termination proceedings under the notice and hearing provisions set forth in C above, the provisions of this section shall be inapplicable. 10. CERTIFICATE The Superintendent shall furnish the Board with a valid certificate issued by the Connecticut State Department of Education qualifying the Superintendent to serve as Superintendent of Schools. The Superintendent shall, as a condition of employment, maintain said certificate in full force and effect throughout the term of this Agreement, including any extension hereof and shall notify the Board in writing immediately in the event of any actual or reasonably foreseeable interruption, termination, expiration, suspension, disqualification, or revocation of said certificate.
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11.

PROFESSIONAL LIABILITY The District shall indemnify, defend, and hold the Superintendent harmless regarding any claims, demands, duties, actions or other legal proceedings against the Superintendent, or damages assessed against the Superintendent, including court costs and attorney's fees, in his individual or official capacity for any act or failure to act within the normal course and scope of his duties as Superintendent of the District, to the extent and to the limits permitted by law. This paragraph does not apply if the Superintendent is found to have acted with gross negligence or with intent to violate a persons clearly established legal rights, or to have engaged in official misconduct or criminal conduct. The District may, at its discretion, purchase appropriate insurance coverage for the benefit of the Superintendent or by including the Superintendent as a covered party under any contract providing insurance coverage purchased for the protection of the Board and the professional employees of the District. The Board may retain attorneys to represent the Superintendent in any proceeding brought against him for which he could seek indemnification under this paragraph, to the extent that damages are recoverable or a defense is provided, under any such contract of insurance. No individual member of the Board shall be personally liable for indemnifying and defending the Superintendent under this paragraph. The District's obligation under this paragraph shall continue after the termination of this Contract for qualifying acts or failures to act occurring during the term of this Contract or any extension thereof. The Superintendent shall fully cooperate with the District in the defense of any and all demands, claims, suits, actions and legal proceedings brought against the District. The Superintendent's obligation under this paragraph shall continue after the termination of this Contract.

12.

GENERAL PROVISIONS A. Severability: If any part of this Agreement is invalid, it shall not affect the remainder of said Agreement, but said remainder shall be binding and effective against all parties. B. Entirety of Agreement: This contract, along with any and all appended exhibits, contains the entire Agreement between the parties. It may not be amended orally but may be amended only by an agreement in writing signed by both parties. Commencing upon signing it supersedes all prior agreements between the parties. This contract must be approved by the full Board of Education prior to its execution by the Board President. C. Governing Law: This contract is governed by and shall be interpreted in accordance with the laws of the State of Connecticut.

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IN WITNESS WHEREOF, the undersigned have executed this contract on a voluntary basis and on their own free will and accord on this ___ day of ____ 2011, as duly authorized representatives of the parties.

__________________________ New London Board of Education _____________ Date

______________________________ Nicholas A. Fischer ________________ Date

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