SUPERINTENDENT CONTRACT
This Contract is made and entered into effective the 14th day of January, 2015, by and
between Roaring Fork School District RE-1, in the County of Garfield and the State of Colorado,
hereinafter referred to as "District," and Diana Sirko, hereinafter referred to as "Dr. Sirko." The
District and Dr. Sirko are collectively referred to where appropriate as the “Parties.”
WHEREAS, the District and Dr. Sirko believe that a written Contract is necessary to describe
their relationship and to serve as the basis of effective communication between them in the
fulfillment of their governance and administration of the educational and operational programs of the
District.
NOW, THEREFORE, the District and Dr. Sirko, in consideration of the premises and the
covenants herein specified, agree as follows:
1.
TERM. The District hereby employs and Dr. Sirko hereby accepts employment as the
Superintendent of Schools for a term commencing July 1, 2015 and ending June 30, 2017 (the
Term).
2.
LICENSURE. Except as set forth in this paragraph or unless otherwise agreed upon
in writing by the Parties, at all times during the Term of this Contract, Dr. Sirko shall hold a
Colorado certificate or license with an endorsement appropriate for a superintendent of schools.
Except as set forth herein, if at any time Dr. Sirko fails to meet these requirements, this Contract,
without further action by either of the Parties, shall thereupon be automatically terminated for Cause
as defined herein.
3.

PROFESSIONAL RESPONSIBILITIES OF SUPERINTENDENT.

Dr. Sirko shall perform the usual and necessary duties and tasks of the chief executive officer
of a school district, subject to the direction and control of the Board of Education of the District.
Without limiting the generality of the preceding, such duties and tasks shall include the following
matters:
A.
Duties. Dr. Sirko shall have charge of the administration of the schools under
the direction of the Board of Education and shall administer the District according to Board
of Education policy and the requirements, directives, regulations and guidelines of the Board
of Education. Dr. Sirko shall comply with the requirements and directions of the Board of
Education even though such may not have been formally adopted by the Board of Education.
She shall be the chief executive officer of the District; shall assign and direct teachers and
other employees of the District under her supervision; shall organize, reorganize and arrange
the administrative and supervisory staff, including instruction and business affairs, as best
serves the District subject to the approval of the Board of Education; shall timely suggest
regulations, rules and procedures deemed necessary for best operations of the District; and
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 shall, in general, perform all duties incident to the office of superintendent of schools and
such other duties as may be prescribed by the Board of Education.
B.
Services. This Contract is intended by the parties to be a full-time contract
and Dr. Sirko shall devote attention to the functions of Superintendent at all times during the
Term of this Contract. It is not contemplated that Dr. Sirko will ordinarily perform services
on weekends or legal holidays. However, it is intended that Dr. Sirko shall remain available
on such days to meet the responsibilities of a superintendent of schools on such occasions as
are necessary. Subject to the preceding, Dr. Sirko shall be responsible for 252 duty days to
be scheduled in accordance with the District calendar and the needs of the District.
C.
Relationship to Board of Education. The Board of Education shall generally
refer all criticisms, complaints, and suggestions called to its attention to Dr. Sirko for study
and recommendation unless the Board of Education determines that the welfare of the
District, its students or its staff requires action inconsistent with this provision. Dr. Sirko
shall have the obligation, unless excused, to attend all meetings of the Board of Education
and District-created citizen committee meetings, serve as an ex-officio member of all
committees of the Board of Education, and provide administrative recommendations on each
item of business considered by each of these groups. The Board of Education shall have the
option to meet without Dr. Sirko present.
D.
Outside Activities. Dr. Sirko shall devote time, attention and energy to the
business of the District. Participation in outside activities by Dr. Sirko except as set forth
below shall be subject to approval by the Board of Education in its reasonable discretion
where the time requirements for such activities is anticipated to be substantial (e.g.,
conferences which require Dr. Sirko’s absence from the District for two or more regular
business days). The foregoing notwithstanding, it shall not be a violation of this Contract for
Dr. Sirko to, without the permission of the Board of Education, (1) serve on non-profit
boards or to provide voluntary services to other organizations, or (2) act as a part-time paid
consultant, so long as such service does not unreasonably interfere with Dr. Sirko’s
obligations to the District.
E.
Incorporation of Laws. Notwithstanding and not as modification of any other
specification or reference herein, this Contract is subject to and includes all applicable laws
of the federal and state governments and all duly adopted policies, rules and regulations of
the District as are in effect or become in effect during the term of this Contract; and the
District specifically reserves the right to change such policies, rules and regulations at any
time without prior notice.
4.
SALARY. The District shall pay Dr. Sirko for her services $170,000.00 per twelve
months and prorated for any extended period unless amended. Salary shall be paid in equal monthly
installments on or about the 28th day of each month during the Term or any extension of the Term.
Unless otherwise amended by the parties Dr. Sirko’s salary shall be subject to the same cost of living
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 adjustment as may be approved from time to time by the Board for all District employees.
Deductions authorized by law or District policy may be made by the District from the monthly
installments of the salary due to Dr. Sirko.
5.

FRINGE BENEFITS. Dr. Sirko shall be entitled to vacation and benefits as follows:

A.
Dr. Sirko shall receive 20 days of vacation annually, exclusive of regular
school holidays and Saturdays and Sundays. Upon termination, days of unused vacation will
be compensated at the per diem salary rate then in effect up to 40 days. Vacation leave is
accrued proportionately to the time of service in any given year but the entire yearly
allowance may be utilized at any time during the year, subject to reimbursement to the
District if leave is taken in excess of the proportion finally accrued. Vacation shall be taken
at such times as agreed upon by the Board of Education and Dr. Sirko; provided, however,
that the Board of Education shall not unreasonably withhold such agreement.
B.
Dr. Sirko shall receive 3 personal leave days annually, and shall accrue 0.75
days of sick leave each month. Upon termination of employment, days of the unused sick
leave shall be compensated at the rate of $60 per day or such other amount as may be
prescribed by applicable District Policy in effect at that time. Sick leave is accrued
proportionately to the time of service in any given year, but the entire yearly allowance may
be utilized at any time during the year, subject to reimbursement to the District if leave is
taken in excess of the proportion finally accrued.
C.
The District shall pay membership fees for Dr. Sirko to maintain membership
in the Colorado Association of School Executives.
D.
The District shall reimburse Dr. Sirko $300 per month for in-district mileage
necessarily incurred by Dr. Sirko in carrying out her duties hereunder.
E.
The District shall provide a stipend of $100 per month for cell phone usage.
Dr. Sirko shall be responsible for purchasing the phone and appropriate plan.
F.
Dr. Sirko shall be provided dental, health and vision insurance single coverage
under the policies carried or sponsored by the District, with such coverage extended to Dr.
Sirko alone and paid for entirely by the District. At her request, Dr. Sirko shall also be
provided dental, health and vision insurance coverage for her spouse or dependents, but Dr.
Sirko shall be responsible for payment of the cost increase from the available single coverage
plan.
G.
Dr. Sirko shall generally be entitled to other benefits, not addressed herein,
applicable to twelve month administrative employees.

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 6.

PROFESSIONAL LIABILITY.

A.
Hold Harmless. The District agrees that, to the fullest extent it can legally do
so, it shall assert governmental immunity on behalf of and defend, hold harmless and
indemnify Dr. Sirko from any and all demands, claims, suits, actions, and legal proceedings
at law or in equity (specifically excluding, however, any demand, claims, suits, actions, or
legal proceedings brought against Dr. Sirko by or on behalf of the District, and any criminal
proceedings brought against Dr. Sirko), in her individual capacity or in her official capacity
as agent and employee of the District, provided the incident giving rise to the claim arose
while Dr. Sirko was acting within the scope of her employment and not willfully or
wantonly.
B.
Provision of a Defense. The obligations of the District pursuant to this
Section 6 shall be conditioned on (a) prompt notification to the District by Dr. Sirko of any
threatened or reasonably contemplated claim; (b) full cooperation by Dr. Sirko with the
District and legal counsel in defending the claim; and (c) Dr. Sirko not compromising,
settling, negotiating or otherwise similarly dealing with the claim without the express consent
of the Board of Education of the District or its legal counsel.
C.
Reimbursement. In the event the District has provided a defense pursuant to
this Section 6, and a court or other decision-making body having jurisdiction over the matter
determines that the act or omission of Dr. Sirko did not occur within the scope of her
employment and that the act or omission was willful or wanton, Dr. Sirko shall reimburse the
District for all costs of such defense and indemnity actually incurred by the District.
D.
No Individual Liability. In no event shall Board of Education members be
individually or collectively personally liable or responsible to Dr. Sirko for defending or
indemnifying Dr. Sirko against such demands, claims, suits, actions, and legal proceedings.
7.
GOALS AND OBJECTIVES. During the Term of this Contract, the Board of
Education and Dr. Sirko shall meet to establish and agree upon reasonable Superintendent goals and
objectives for the school year. Said goals and objectives shall be reduced to writing and shall be
among the criteria by which Dr. Sirko is evaluated as herein provided. Dr. Sirko shall timely initiate
the goal and objective setting process required by this section.
8.
EVALUATION. The Board of Education shall evaluate and assess in writing the
performance of Dr. Sirko during the Term of this Contract pursuant to the District evaluation
procedures and state law. Nothing in this evaluation section or its implementation shall be deemed
to create or to be a prerequisite to or condition of dismissal, termination or other personnel actions as
otherwise provided herein.

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 9.
TERMINATION OF EMPLOYMENT CONTRACT. This employment Contract
may be terminated by:
A.
Mutual Agreement. This Contract may be terminated by a mutual, written
agreement of the Parties.
B.
Disability of Dr. Sirko. The District may terminate this Contract by written
notice to Dr. Sirko at any time after Dr. Sirko has exhausted any accumulated sick leave and
such other leave as may be available (including FMLA and accumulated vacation) and has
been absent without pay from her employment for whatever cause for an additional
continuous period of sixty (60) days. All obligations of the District shall cease upon such
termination. If a question exists concerning the capacity of Dr. Sirko to return to her duties,
the District may require Dr. Sirko to submit to a medical examination, to be performed by a
medical doctor. The District and Dr. Sirko shall mutually agree upon the physician who shall
conduct the examination. If the Parties are unable to mutually agree upon a physician, a
physician shall be designated by the Board of Education president. The examination shall be
done at the expense of the District. The physician shall limit his or her report to the issue of
whether Dr. Sirko has a continuing physical or mental disability which prohibits her from
performing her duties with or without a reasonable accommodation. If the physician
determines that Dr. Sirko can perform her duties, with or without reasonable
accommodation, the District shall not have the right to terminate Dr. Sirko pursuant to this
paragraph.
C.
Discharge for Cause. Throughout the Term of this Contract, Dr. Sirko shall
be subject to discharge for good and just cause (hereafter “Cause”) as defined below: (1) Dr.
Sirko’s substantial and material failure to perform the duties provided for by this Contract
and such other duties consistent with those of a Superintendent that are reasonably assigned
to her by the Board of Education from time to time; (2) Dr. Sirko’s material failure to meet
the goals and satisfy the objectives contemplated by paragraph 7 of this Contract; (3) Dr.
Sirko’s gross negligence or willful or wanton misconduct in the performance of her duties
hereunder; (4) the commission of any act of fraud or dishonesty by Dr. Sirko that is
materially injurious to the District; (5) Dr. Sirko’s conviction for, or plea of nolo contendere
to a felony, or Dr. Sirko’s conviction for, or plea of nolo contendere to a misdemeanor
resulting in a jail sentence or any crime involving moral turpitude; or (6) any breach by Dr.
Sirko of any legal or contractual duty that Dr. Sirko owes to the District that results in
material injury to the District. If the Board of Education or the District advise Dr. Sirko that
Cause for termination exists, Dr. Sirko shall have the right to service of written charges,
notice of hearing and a pre-termination hearing before the Board of Education of the District
at which Dr. Sirko shall be allowed to present evidence and argument regarding the alleged
basis for the termination. The Board of Education may direct an independent and unbiased
hearing officer of its choice to conduct the hearing and to make findings of fact and
nonbinding recommendations to the Board of Education, which hearing officer shall be paid
by the Board of Education. Dr. Sirko’s legal expenses incurred in conjunction with such a
hearing shall be paid by Dr. Sirko.
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 D.
Unilateral Termination by District. The District may unilaterally terminate
this Contract without cause (a termination “Not for Cause”) upon payment of six months’
salary as defined herein or any salary remaining due to Dr. Sirko under this Contract,
whichever is less. Salary paid under section 9D shall be only that amount set forth in section
4 above and shall not include any other benefit provided Dr. Sirko as a consequence of this
Contract. However, Dr. Sirko will still be allowed vacation pay out consistent with section
5A.
E.
Death of Dr. Sirko. This Contract shall automatically terminate upon the
death of Dr. Sirko.
F.
Unilateral Termination by Dr. Sirko. Dr. Sirko may, at her option, unilaterally
terminate this Contract in the manner permitted for chief executive officers in section 22-63202(2), C.R.S. The parties agree that section 22-63-202(2), C.R.S., a copy of which is
attached hereto, shall be a part of this Contract.
10.
SUSPENSION OF DR. SIRKO. The Board of Education may, at any time, suspend
Dr. Sirko with pay and benefits and without prejudice for such purposes and period of time as the
Board of Education deems to be in the best interest of the District. In any case, Dr. Sirko shall be
notified in writing of reasons for the suspension.
11.
SAVINGS CLAUSE. If, during the term of this Contract, it is found that a specific
clause of this Contract is illegal under federal or state law, the remainder of the Contract not affected
by such a ruling shall remain in full force and effect.
12.
BINDING EFFECT. This Contract is one for personal services to be provided by Dr.
Diana Sirko only and may not be assigned.
13.
COLORADO LAW. This Contract, and the rights and obligations of the parties
hereto, shall be interpreted and construed in accordance with the laws of the State of Colorado.

Signature Page Follows

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 IN WITNESS WHEREOF, the District has caused this employment Contract to be approved
on its behalf by a duly authorized officer of the Board of Education and Dr. Sirko has approved this
employment Contract effective on the day and year first above written.
ROARING FORK SCHOOL DISTRICT RE-1
COUNTY OF GARFIELD, STATE OF COLORADO
ATTEST

__________________________________
Secretary, Board of Education

By
President, Board of Education

Dr. Diana Sirko

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