LLCPS SUPERINTENDENT CONTRACT ‘CONTRACT FOR EMPLOYMENT OF DIVISION SUPERINTENDENT LOUDOUN COUNTY PUBLIC SCHOOLS JULY 1, 2021 THROUGH JUNE 30, 2025 ‘THIS CONTRACT is made and entered into as ofthe first day of July, 2021, by and between the Loudoun County Schoo! Board, hercnafier refereed to as “Board” and Scott A. Ziegler, Ed.D. hereinaer refered to as “Superintendent” WHEREAS, te Board at is meeting on June 8,202, resolved to employ Scott [A Ziegler, Ed. D, a the Superintendent of Loudoun County Public Schools (LCPS) for a term commencing on July 1, 2021, and ending on June 30, 2025, upon the following terms and conditions; nd WHEREAS, the parties wish to enter into this agreement setting forth the terms of ‘such employment during such period; and WHEREAS, these recitals are an integral part of this agrooment "NOW, THEREFORE, the Board and the Superintendent agree as follows: TERM OF EMPLOYMENT ‘The Board does employ the Superintendent forthe period commencing on July 1, 2021 vnti June 30, 2025. This contract supersedes prior employment contracts between the parties effective une 30,2021 at midnight, 1 ‘COMPENSATION AA Salary. The annual salary ofthe Superintendent fr the fiscal year from July 1, 2021, to June 30,2022 FY 2022) shall be Two-Hundred Ninety-Five Thousand ($295,000) U.S. dollars For subsequent fiscal years during the term ofthis contract, and provided he receives atleast a “proficient” performance rating by the Board forthe preceding fiscal year, the Superintendent will be entitled toa salary increase equivalent to the weighted average percentage increase approved by the Board fr all staff for that fisal year. Each “weighted average percentage increase” wil be based onthe average Inreases for teachers, auiliary sta, clasiied staf, and administrative staf, with the ing based on the number of employees in each category In the calculation of | “weighted average percentage increase,” the increases will includ all adjustments, Page 1 of 11 nly 1, 2021 June 30, 2025,LCPS SUPERINTENDENT CONTRACT including scale improvement and step increases. The annual salary ofthe Superintendent may be further adjusted forany subsequent fiscal year during the term ofthis contrat in accordance with Article IB. B, Salary Adjustments. Any adjustment to the annual salary for subsequent yeas during the term ofthe contact shall be in writing and shall be in the form of an amendment or addendum to this contract except as stated herein. Ian adjustment in salary is made during the term of this contrat, all ther provisions ofthis contact, unless ‘otherwise specified, including its termination date, shall remain as stated herein. In 90 event, however, shall the sary adjustment reduce the annual salary below the salary of the preceding fiscal year unless otherwise agreed to by the Superintendent and the Board in writing, excep in the event there i a general and across-the-board reduction in compensation for all school employees paid on the Administrative Salary Scale during the term of this contract, the salary ofthe Superintendent willbe reduced by the same identified percentage reduction applied tothe salaries of employees paid onthe ‘Administrative Salary Scale without further need of Amendment or agreement C. Deferred/Addiional Salary. On June 30, 2022, and as of June 30” ofeach succeeding fiscal yea during the term ofthis contac, ifthe Superintendent is employed by the Board on that date, the Board shall conebutea total amount of Thirty Thousand ($20,000) dollars which the Superintendent may cect o receive as taxable compensation, use forthe payment of student deb, or may elect to use asa voluntary salary deferral io ‘one oF more custdial accounts offeed by the Board and selected by the Superintendent and which satisfy the requirements of Section 403(b)or457(b) ofthe Interal Revenue Code of 1986, as amended (IRC). However, in na event shal the contribution cause the annua limits under Code Sections 402(g), 415, 457(e) or any other applicable IRC provision tobe exceeded. I*more than one account is slesied, then the Superintendent shall apportion the contrburon othe accounts selected provided no statutory caps are exceeded. . Automobile. During the term of this employtnen, the Board shall pay an annual allowance tothe Superintendent of Twelve Thousand ($12,000) dollars forthe use ofan automobile provided ty the Superintendent, which Superintendent shall use for personal and business purpeses. The allowance shall be payable in equal installments beginning July 2021 and connciding with eguler pay dates. This allowance i given in liew of dedicated use of an LCPS vehicle, E. Virginia Retirement System (VRS). During the term ofthis employment, the Superintendent will contribute, through payroll deduction, the mandatory employee's share to VRS Plan I. The Board will remit the employer share as required by VRS. F. Life Insurance, Health and Major Medica, Presrintion, Dental and Vision Insurance and Shor-Teim Disability. The Superintendent will be offered group life insurance and health major medical, prescription, dental and vision insurance and Short- Poge 2 of I) ly 1, 2021 ~ Jane 30, 2025,LCPS SUPERINTENDENT CONTRACT ‘Term Disability onthe same basis as administrators onthe Administrative Pay Seale under Board poliiesas may be amended from time to time. G. Taxabilin/ Withholding. Salary and other compensation and benefits will subject othe required tax treatment and governmental withholdings. Hi. Supplemental Life Insuranes. The Board wil contribute the actual cost premium wp toa maximum of Five Thousand Three Hundred ($5,300) dolar annals to the currently existing whol life insurance policy’of the Superintendent Beginning on (October 1, 2021, nd continuing annually during the term ofthis contac, provided the Superintendent is employed by the Board on Octaber | 1. Annual Leave and Sick Leave. The Superintendent shall be entitled to annual leave and sick leave in accordance with Board benefits provided for twelve (12) ‘month administrative personnel in accordance with Board policies and regulations as may bbe amended from tims to time except that he stall earn 24 days annual leave and I days sick leave per annum. All annual and sick leave days are fully available on July | ofeach contract year in accordance with Board policies. The Division Superintendent may clst toreceive a cash payment for up to 12 eave days per year, of which upto four may be ‘sick leave, nd the remainder may be annual leave, at a per diem rate calculated by the Division Superintendents then-current base salary divided by 240 days 4 Retirement Benefits. The Superintendent shall be entitled tothe same retirement benefits offered by the Board to employees on the Administrative Salary Seale in accordance with then-exstng Board policies, regulations and procedures atthe Gime oF retirement. In akin, once the Superintendent has filten (15) cumulative years of fill- {ime service with Loudoun County Public School, hei eligible for retire health insurance. According’, the LCPS School Board Policy 7628 Section B~ | requiremest tha employees be hired prior o July 1, 2013 is waived. Wit the exception relating this date of hire, once the Superintendent has fileen (15) years offline sevice with Loudoun County Pubic Schools, hei eligible forthe retiree health benefits for employees as specified by Policy 7628 as it exists onthe date of the signing of this contract. Nothing in ths section is intended to limit the ability ofthe Superintendent to access othe retirement benefits provided to LCPS employees. L. Otho Benefits. No other leave or ther benefits shall be provide except as state in this Agreement excep thatthe Superintendent may participate a his expense in the voluntary long-term diab program, Seton 529 Eaeaion Pian Flex Medical Spending program, reall discount program and such othe programs offered to cployees a their sle expense m. DUTIES OF THE SUPERINTENDENT Page 3 of ly 1, 2021 June 30, 2025,‘LCPS SUPERINTENDENT CONTRACT ‘A. The Superintendent shall serve as the chief adminiseative officer ofthe Loudoun County Public School in accordance with the laws ofthe Commonwealth of Virgina, dhe regulations adopted by the State Board of Education, ard the lawful directives ofthe Board. In that capacity, the Superintendent is responsible forthe day-t0- ay operation othe School Division and is effetive and efficient edministration, B. ‘The Superintendent wil devote his Full-time, best efforts and abilities, skill, labor and exclusive professional attention to these duties asthe eief administrative officer ofthe Loudoun County Public Schools under this agreement and shall keep the Board apprised ina timely manner of inquires, and responses therete, made by the Board, either as individual members or collectively CC. The Superintendent shall endeavor to promote the Leudoun County Public Schools and the Loudoun County Schoo! Board a al times, to the maximum practicable extent. All duties of the Superintendent shall be subject othe provisions ofthe laws and statues of the United States, the Commonvealth of Virgin, the regeatons af the Sate Board of Education and the policies and directives ofthe Board D. The Loudoun County School Board rettns final exclusive authority over ‘matters concerning employment and supervision of all employees, including dismissals and suspensions recommended by the Superiniendent, in accordance with State law. E. The Superintendent agrees that he will perform any oer legally permissible duties or functors which the Board may see fit to assign to him at ary time during the tem of this agreement . The Superintendent shall fully, completely, and promptly inform the School Board of any andall information that i relevant othe functioning ofthe school system andior the Board, Likewise, the Board, both individually and collectively, should engage in prosetive, constructive and open communication with the Superintendent in order to enable im fo appropriately and effetvely execute his duis. WV. OTHER WORK ACTIVITIES A. The Superintendent may, subject to prior approval by the Board, undertake consultative wor, speaking engagements, writing, lecturing or other 2rofesional activities for compensation so long a such activities donot interfere wth or detract from his duties under this contrat BB. The Superintendent shall atend appropiate professional and civic meetings at the local and stat level and join such professional and civie associations as he deems advisable with the prior consent ofthe Chaiemon ofthe Board (unless determined ‘otherwise by the Boar), the expense of which shall be paid by the Board. The Board Page 4 of 11 July 1, 2021 ~ June 30, 2025LLCPS SUPERINTENDENT CONTRACT agrees to pay the Superintendent's membership dues inthe American Association of School Administrators and the Virginia Association ofthe School Superntendens C. The Superintendent may participate in national o interational public ‘ducation-related programs or meetings with the advance consent ofthe Board. The Superintendent shall promote the image and reputation of the Loudoun County Public Schools and the Loudoun County School Board in a positive light at al times tothe ‘maximum practicable extent. D. Pursuant to Sstion 22.1-66, Code of Virginia, the office of Superintendent shall be demed vacant epon engaging in ny other business or employment without the prior approval ofthe Board v. EVALUATION ‘A. The Board sh annually evaluate the Superintendent consistent with the performance objectives set forth inthe Guidelines for Uniform Performance Standards for Superintendents as roquited by Sections 22. 1-60.1 and 22.1-283.13:5 af the Code of Virginia. Evaluations shall include student academic progress as a significant component, an overall summative rating, areas of individual strengths and weaknesses and recommendations fo: appropriate professional activites, The Superintendent will be evaluated in accordance withthe Superintendent Evaluation Procedures adopted by the Board as may be amended from time to time by agreement ofthe partes. ‘The Bourd shll set aside at leat three (3) extended Closed Meetings per year fora discussion of the performance ofthe Superintendent and the working relationship ‘between the Superintendent and the Board. The first meeting i to assess and agree upon goals that wil be followed by a mid-year meeting (December ~ January) fr feedback nd dialogue on progressin meeting the goals and an end-of-year meeting Tor the Formal evaluation, The Board shall provide a writen evaluation tothe Superintendent, establish any specific performance expectations, and provide such other direction that can be used constructively by the Superintendent during the subsequent school year. All aspess of such discussions shal be treated confidentially by the Board, individually and collectively, and the Superintendent to the extent permitted by lav. Such discussions shall be held in a Closed Meeting so log 2s such Closed Meeting does nt violate the statutes ofthe Commonwealth of Virginia and specifically the Freedom of Information ‘Act under Section 2.2-3700 et seq of the Code of Virginia (1950) as amended. The ‘writen evaluation shall be provided to the Superintendent by the Chairman of the Board In the form ofa letter or such other form as may be required by the State Board of Education within one month of such end-of-year meeting. VL. Page $ of 11 aly 1, 2021 ~ June 39, 2025LCPS SUPERINTENDENT CONTRACT (CONTRACT RENEWAL On or before Sepiember 30, 2024, the partes shall communica to each other their respective intent regarding the renewal ofthe Superintendents contact. All aspects of any discussion ofthe renewal of the contract with the Superntendeat shall be treated confidentially and shall be held in a Closed Meeting so long as such Closed Meeting does ‘not violate the statutes ofthe Commonwealth of Virginia and specifcelly the Freedom of Information Act, Section 22-3700 et seq of the Code of Virginia (1930) as amended. vu, TERMINATION tis the itent ofthe parties that this contact shall bea firm and binding contact forthe fall term of employment that can be terminated as follows: ‘A. This contrat shall erminate upon the death, retirement, resignation oF removal from offie of the Superintendent, or, by the mutual consent of the parties or by the expiration of he term of te contract. The Superintendent shall be entitled te all compensation and benefits earned and accrued through such terminalin date, B, ForCause, The Superintendent, in accordance with Section 22.1-65, Code of Virgina, as amended, may be assessed a reasonable fine, suspended from the office fora limited period of ime, of removed or terminated from office by either ‘he State Board of Education or the Board for sulficient cause. In addition, the pasiion of Superintendent is ‘subject othe foreture provisions of Seotions 24,2-231 and 242-232 ofthe Cade of Virginia, Inthe event the Superintendent is terminated for suicent cause porsuant to Section 2.1-65, Code of Virginia, as amended, which cause may include, but is not limited to, material breach ofthis Agreement, forfeiture of office, immorality, non- compliance with schoo! laws and regulations, willful non-compliance with Board policies and regulations, conviction af felony or a misdemeanor a set forth ir Section 22.1- 296.1, Code of Vrgnia, as amended, (or an equivalent offense in another sae), or any ‘other good and sufiient cause which renders the Superintendent unfitto continue the performance of duties, then all salary and benefits shall case as ofthe effective date of Such termination CC. Without Cause. The Board also may terminate the Superinendent’s ‘employment without cause, tits option, ypon writen notice tothe Superintendent, IFthe Board elects the cption to terminate this contract without cause it shall pay the Superintendent as severance twelve (12) months of salary and compensation, o iF fewer than twelve (12) months so remain on the unexpired term ofthe canrat, then the ‘payments shall bein the lesser amount equal tothe months remaining Fhe unexpited {erm ofthe contract. The payments will be made in monthly installments. The Board and the Superintendent agree thatthe damages set forth herein are reasonable snd not Poge 6 of 11 July 1, 2021 ~ June 30, 2025,LCPS SUPERINTENDENT CONTRACT penalty based upon the facts and circumstances at the time of entering into this Agreement. In no event, wll the Board’ payment exceed twelve (12) months, D. The Superintendent may terminate this contract at anytime, at his sole Aisereton, by giving he Board one-hundred and twenty (120) days written notice of fis resignation. All salary and enefis such x6 vacation and sick lene shall erie 9° the effective date of such resignation except tha the Superintendent shall reimburse he Bord as noid herein E, Inthe event of disabiiy by illness o incapacity which inthe opinion of Physician, selected bythe Board, wll totally disable the Superintendent from his duties fora period of at les: 90 ays, the Board may terminate this contac tits option with 90 days" written notice cr a the option of the Board, payment for such 90-day period in lew ofsuch notice. the Board elects the option to terminate this contract under this provision, it shall pay the Superintendent all salary and compensation earned, acerved and due him fora period of nine months provided nine (9) or more months remain in tne unexpired term of the contrat. IF fewer than nine (9) months so remain, then the peried ‘ofthe payments shall be equal othe months remaining onthe daring the remaining unexpired term, Payments will be made in monthly installments. In no event, will the Board's payments exceed a maximum of nine (9) months vn. INDEMNITY 'A. The Board hereby indemnifies and holds harmless the Superintendent andr his estate ftom and against any and al third-party demands, claims, damages, suits, actions or legal proceedings brought against the Superintendent, in his individual o¢ official eapaciy, as agent and/or employee ofthe Board for any incident or occurrence arising out of and within the scape oF his duties as Superintendent, provided thatthe actions or inaetions of the Superintendent were taken or not taken in good faith, in accordance with the lw, and within the cope of his oficial authority. In no event, ‘however, wil individual Board members be considered personally liable for Indemnifying the Superintendent B, This indemnification is contingent upon the Superintendent notifying the Chairman ofthe Board and Boas Attorney five (5) business days of actual written note of any demands, claims, damages, suits, actions o legal proceedings, The Superintendent shall provide # copy of any related documentation tothe Chairman of ie Board and Board's Auorney as well ast the School Division’ insuraneo careers and will ily cooperate inthe defense of such matters. This indemnification is also ‘contingent upon the Board selecting the legal representation forthe Superintendent which ‘counsel shall be experienced and competent inthe matters in issue. CC. The Board will provide insurance o selFinsurance coverage in maters Page 7 of 11 Jaly 1, 2021 ~ June 30, 2025CPS SUPERINTENDENT CONTRACT related to the Superintendent's official duties within the scape of his emplayment and as is provided forall employees under Section 22.1-83 of the Code of Vigini, and as may be subsequently amended 1%, SOCIAL MEDIA ACCOUNTS The Superintendest may use his own professional social media accounts, suchas ‘Twitter and Facebook accounts, in fulfilling his responsibilities as Superintendent, The Superintendent may statehis afilition with he school division and display division logos with content disrbated with his professional social media accounts. The Superintendent will cease use of division logos in postings on his professional social ‘media accounts after his sparation from the district. ‘The Superintendent use of his professional social media accounts may be fora variety of purposes, incldng, but not limited to, sharing information regarding the district and engaging in professional leaning conversations. Recognizing thatthe Superintendent’ use of social media tools wil help meet the needs ofthe division, division resources may be used 10 support the Superintendent's use of socal media tools. For example, staff time may be used o help ereate or distribute content through social media. At such time asthe Superintendent separates from the division, the Superintendent retains complete and sole ownership of his professional social media aecounis. Nothing inthissection gives the Superintendent any ownership of division social media accounts x AMENDMENT Any and all conditions previously listed can be amended, altered o eliminated at any given time throughout the period of this contract through mutual wetien consent of the Board andthe Superintendent except as noted herein, XL APPLICABLE LAW AND SAVINGS CLAUSE This agreement is sonstrued under the laws ofthe Commonwealth of Virginia ‘Any provision ofthis contrac that s contrary to or violative of such statutes oF regulations shall be vod and such statues and regulations shall control and supersede any sou invalid provision ofthis contract. 1f, during the term ofthis agreement, iis Poge 8 of 11 ly 1, 2021 ~ June 30, 2025CPS SUPERINTENDENT CONTRACT found that a specific clause ofthis agreement is illegal inthe Commonwealth of Virginia, the remainder ofthe agreement not affected by sucha ruling shall remain in force xl, ADDITIONAL EMPLOYMENT CONDITIONS ‘A. Continuing employment of the Superintendent pursuant o this Agreement shall be contingent upon the Superintendent furnishing othe Board evidence thatthe Superintendent i legally qualified wo serve as Superintendent in accordance with he laws ofthe Commonweath of Virginia and the regulations ofthe State Board of Educaten ‘This requitement is z continuing requirement throughout the term ofthis agreement BB. Atthe request ofthe Board at any time during the term ofthis agreement, the Superintendent will cooperate in the completion of a state ad national criminal bockground check ard a national credit report atthe Boards expense C. Inthe event tata question arses conceming the capacity of the ‘Superintendent to urn to or perform his duties, the Board may require the Superintendent to submit a medical examination, tobe performed by 2 licensed physician selected by the Board. The Superintendent agrees to undergo such examination and to provide the exsmining physician with all medical reports, diagnostic test, laboratory results, treatment notes, or ather medial ecords deemed germane tothe examination by the ecamining physician. ‘The examination shall be done at the expense ofthe Board andthe physician shall issue a writen report tothe Board addressing the Issue of whether the Superintendent has a physical or mental disability that prevertshim from continuing his duties. Such report shall remain confidential tothe extent permited by law but the Board shall be entitled to rely upon such report inthe event of any legal action arising out of he Superintendent's tess to perform his duties XU RESIDENCY The Superintendent shall maintain legal residency in Loudoun County, Virginia during the term ofthis agreement. xy. LAW, FORUM AND JURY ‘Any dispute related to this Agreement that cannot be resolved by the partes afer reasonably diligent efforts may be brought solely inthe Loudoun County Circuit Coen. This Agreement, andthe obligations and rights of the Board and the Superintendent shall be governed by the laws ofthe Commonsiealth of Virginia without reference 1 conflict Page 9of 11 July 1, 2021 ~ une 30, 2025CPS SUPERINTENDENT CONTRACT of laws principles or rules. The Board andthe Superintendent irtevocably waive any and all ight to ial by jury Xv. NON-ASSIGNMENT ‘This Agreement shall be binding upon and inure tothe benefit ofthe lau successors ofthe parties an shall not be assigned or otherwise transferred. XV. SOVEREIGN IMMUNITY "Nothing in or by vue ofthis Agreement shall be eyarded oF construed as any ‘waiver by the Board or by the Superintendent of sovercign or other immunity Xv. CONSTRUCTION The terms ofthis Agreement willbe applied, construed and interpreted without regard t any rule or principle of construction concerning the drafting or authorship ofthe ‘Agreement or any term ofthe Agreement. Headings and Captions are purely for convenience of reference ard shall no affect constuction or interpretation ofthe ‘Agreement or provisions ofthe Agreement XVII (COMPLETE AGREEMENT ‘This Agreement iste full and complete agreement between the parties and supersedes al prior or contemporaneous representations, agreements or understandings, oral or writen, IN WITNESS WHEREOF, the Board has caused this agreement to be duly executed by the Chairman ofthe Loudoun County Schoo! Board and the Superintendent has also freely executed same and itis atested toby the Clerk of the Loudoun County School Board and dliveredas ofthe day andthe year specified herein, Page I of 1) July 1, 2021 ~ Je 30, 2025LCPS SUPERINTENDENT CONTRACT So Agreed So Agreed SUPERINTENDENT LOUDOUN COUNTY SCHOOL BOARD Burd Brenda Sheridan, Chair 6 3-goat Dae ATTEST: APPROVED AS TO FORM: Sai Byine a & L. Devita ies. Clerk ofthe Loudoun County Schoo! Board —__Lotdoun Courly School Board Attomey’ Page 1 of 1) July 1, 2021 ~ June 30, 2025