DALLAS INDEPENDENT SCHOOL DISTRICT EMPLOYMENT CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS THIS EMPLOYMENT CONTRACT (?Contract?) is made and entered into effective this day of October 2815, by and between the Board of Trustees (the ?Board?) of the Dallas Independent School District (the District") and Eliu Misael ?Michael? Hinoiosa {?Superintendent?}_ WITNESSETH: NOW, THEREFORE, the Board and the Superintendent?, for and in consideration of the terms and conditions hereafter established and pursuant to Section 1.1201 and Chapter 21 of the Texas Education Code, have agreed, and do hereby agree, as follows: TERM 1.1. INITIAL TERM. The Board, by and on behalf of the District, does hereby employ the Superintendent, and the Superintendent does hereby accept employment as Superintendent of Schools for the District commencing on October S, 2015 and ending on December 31, 201?. The District may, by action of the Board, and with the consent and approval of the Superintendent, extend the term of this Contract as permitted by state law. PAGE OF 23 DALLAS INDEPENDENT SCHOOL SUPERINTENDENTES EMPLOYMENT CONTRACT The Board has not adopted any policy, rule, regulation, iavv or practice providing for tenure. No right of tenure is created by this Contract. No property interest, expressed or imptied, is created in continued empioyment beyond the Contract term. 1.2 TERM EXTENSION. Beginning on December 31-, 2016, and in December of each year thereafter, this Contract shaii automatically extend for an additional tvveive (12} months in the event the Superintendent receives a minimum performance appraisal of an overail rating of ?Proficient?, uniess the Board provides written notice no tater than December of each year of its intent not to extend the Contract. Any extension of the term under this Section 1.2 shall be with the written agreement of the Superintendent, and shall not exceed five years, or as permitted by state law. The President of the Board shall notify the Superintendent in writing after each such meeting as to the action taken at such meeting. provided a contract extension is considered by the Board. ll. EMPLOYMENT 2.1. DUTIES. The Superintendent is the chief executive officer of the District and educational ieader of the District and shall administer the School District and shall faithfully perform the duties of the Superintendent of Schoots for the District in accordance with Board Policies including, but not limited to Poiicy BJA (LEGAL) and BJA (LOCAL) and as may be assigned by the Board, and shall comply with alt lawful Board directives, state and PAGE 2 OF 23 DALLAS INDEPENDENT SCHOOL EMPLOYMENT CONTRACT federal law: District rules? and regulations as they exist or may hereinafter be adopted or amended. Specifically; it shall be the duty of the Superintendent to: r? Assume administrative responsibility and leadership for the planning, operation: supervision: and evaiuation of the education programs, senr?cest and of the District and for the annual performance appraisat of the Distr'ct?s staff: Assume administrative authority and responsibility for the assignment and evaluation of all personnel other than the Superintendent! except as provided by Section 1 1:202 of the Texas Education Code Oversee compiiance wit the standards for school estabiished by the Commissioner; Make recommendations regarding selection of the District?s personnel. subject to Board approval and consistent with Section 11.1513 of the Texas Education Code and the other provisions of this Contract; Initiate the proposed termination or suspension of an empioyeeis emptoyment or the proposed nonrenewal of an employees term contract; Manage the day?to?day operation of the District as its administrative manager, including implementing and monitoring plans, procedures, programs! and systems to achieve clearly defined and desired results in major areas of District operation; PAGE 3 OF 23 DALLAS SCHOOL DISTRICT 13' NTEN DENTES EMPLOYMENT CONTRACT Prepare and submit to the Board annually a proposed budget covering all estimated revenue and proposed expenditures of the District for the foliowing fiscal year and administer the budget; Prepare recommendations andfor revisions tor policies to be adopted by the Board and oversee the implementation of adopted poticies; Deveiop or cause to be developed appropriate administrative reguiations to implement poticies adopted by the Board; Provide ieadersfnip tor the attainment and? it necessary, improvement of student performance the District based on the indicators by the Texas Commissioner of Education or the District?s Board of Trustees; Organize the Districts central administration; Communicate and collaborate with all members of the Board; Consult with the District-levei committees. as required under Section 11.2526} of the Code; Ensure: Adoption of a student code of conduct, as required under Section 33001 of the Code and enforcement of that code of conduct; and Adoption and enforcement of other student disciplinary rules and procedures as necessary: Submit reports as required by state or federal law, rule, or regulations; Submit reports as requested by Board of Trustees; PAGE 4 OF 23 DALLAS INDEPENDENT SCHOOL SUPER EMPLOYMENT CONTRACT Provide joint leadership with the Board of Trustees to ensure that the responsibilities of the Board and Superintendent team are carried out; and Perform any other duties lawfully assigned by action of the Board of #3 Trustees. Except as provided in this Contract. the Superintendent agrees to devote his full tirne, sidii, labor and attention to the performance of these duties with reasonable care and in a faithfui. diligent and efficient manner. duties assigned to the Superintendent by the Board shaii be appropriate to and consistent with the professional rote and responsibility of the Superintendent. 2.2 CONSULTATION ACTIVITIES. The Superintendent shall be allowed to finish any consulting commitments with current non-profit and not?for-profit organizations through June 30, 2016, all of which are hereby approved by the Board. The Superintendent may engage in other consulting activities with any other individuals or entities, provided that these activities do not interfere with the performance of his duties as Superintendent. The Superintendent shail use any avaitable vacation, holiday or personal ieave days when engaging in consulting activities. At least three days prior to the Superintendent leaving the District for consulting purposes. the Superintendent shall notify the President of the Board regarding the dates and length of time the Superintendent will be out of the District for each consultation. The Superintendent may accept a reimbursement of expenses for such Consulting Services at no expense to the District. Consulting PAGE 5 OF 23 DALLAS INDEPENDENT SCHOOL DISTRICT SUPERINTEN EMPLOYMENT CONTRACT Sewices provided by the Superintendent under the terms and conditions of this paragraph must be consistent with state and federal law. 2.3. PROFESSIONAL GROWTHIACTIVITIES. The Superintendent shalt devote the Superintendent's time. attention, and energy to the direction, administration, and supervision of the District. The Board. however. encourages the continued professional growth of the Superintendent through the Superintendent?s active attendance at and participation in appropriate professional meetings at the iocal. regional. state and national levels. The Board shall encourage the use of data and information sources. and shaii encourage the participation of the Superintendent in pertinent education seminars and courses offered by pubiic or private institutions or by educational associations. as welt as the participation in informational meetings with those individuais whose particuiar skills. expertise, or backgrounds would serve to improve the capacity of the Superintendent to perform the Superintendent?s professionai responsibilities for the District. In its encouragement of the Superintendent to grow professionailyg the Board shall permit a reasonable amount of release time for the Superintendent as the Superintendent and the Board deem appropriate. to attend such seminars. courses or meetings. The District shall pay the Superintendent?s membership dues to the American Association of School Administrators, the Texas Association of School Administrators and one other membership deemed appropriate by the Board and necessary to maintain and improve the Superintendent?s professional skills. The District shall bear the reasonable cost and expense for registration. travel. meals, iodging. and other PAGE 6 OF 23 DALLAS INDEPENDENT SCHOOL DISTRICT EMPLOYMENT CONTRACT related expenses for such attendance and membership and subject to advanced notice to the Board. The Board encourages the Superintendent to become a member of and participate in community and civic affairs, including the chambers of commerce. civic clubs. governmental committees= and educational organizations. The Board conciudes that such participation Witt serve a legitimate purpose related to the educational mission of the District. The Superintendent may hold offices or accept responsibilities in these professionat organizations. provided that such responsibilities do not interfere with the performance of his duties as Superintendent. Prior to engaging in these activities. the Superintendent notifyr the Board in writing of the activity. The Board will notify the Superintendent if the activity presents a con?ict or interferes with the performance of his duties as Superintendent. The District shalt reimburse the Superintendent for the cost of membership in all local civic organizations in which the Superintendent participates and related travel outside of the District. subject to advance Board approvai. 2.4. PROFESSIONAL CERTIFICATION AND RECORDS. This Contract including any renewal or extensions thereof? is conditioned on the Superintendent providing a valid and appropriate certification to act as a Superintendent in the State of Texas as prescribed by the laws of the State of Texas and the rules and regulation of the Texas State Board of Educator Certification. Failure to hold a valid and appropriate certification shall render this Contract voidable. The Superintendent must also file any other records required for personnel files and for payroll purposes. PAGE 7 OF 23 DALLAS SCHOOL EMPLOYMENT CONTRACT 2.5. EMPLOYMENT OF STAFF. The Superintendent shall have the sole authority to seiect and employ all ontract and noncontract staff, except for the Internal Auditor and reiated personnel in the Internal Audit Services Department and subject to the District?s salary schedule and budget as approved by the Board, including the authority to organize, reorganize, arrange, direct, assign, reassign and transfer staff in the manner which best serves the District. Further, the Superintendent shall have the authority to terminate or non?renew all staff, and any other administrators who are not covered by Chapter 21, Texas Education Code. Prior to publicly announcing the hiring, assignment, reassignment, transfer or termination of any Administration?s Senior Staff as defined hereinafter, the Superintendent shat! inform the Board of said hiring, assignment. reassignment. transfer or termination. Administrations Senior Staff is defined as Chief Officer. Deputy Superintendent, Associate Superintendent, Assistant Superintendent, and Generai Counsel, and their equivalents. Further. the Superintendent. shall devetop and impiement administrative procedures, rules and regulations that the Superintendent believes necessary for the efficient and effective operation of the District and which are consistent with Board Policies, state and federal law. 2.6. BOARD MEETINGS AND RELATIONS. The Superintendent shall attend all meetings of the Board and ail Board committee meetings, both open and closed, and may participate in the deliberations of PAGE 8 OF 23 DALLAS INDEPENDENT SCHOOL DISTRICT EMPLOYMENT CONTRACT the Board at all such meetings, with the exception of those ciosed meetings of the Board involving the Superintendent?s Contract or the Superintendents salary and benefits, as set forth in this Contract, or the Superintendent?s evaiuation, or for purposes of resolving conflicts between individual Board members, andr?or when the Board is acting as a tribunai. ln the event of absence, the Superintendent may designate a member of the Administration?s Senior Staff to attend such meetings. 2.7. CRITICISMS, COMPLAINTS AND SUGGESTIONS. The Board, individually and collectively, shalt refer in a timely manner all substantiate criticisms, compiaints, and suggestions caiied to the Boards attention either: to the Superintendent for study andi?or appropriate action, and the Superintendent shall refer such matter(s) to the appropriate District employee or shall investigate such matterts) and shall within a reasonable time inform the Board of the results of such efforts; or, to the appropriate complaint resolution procedure as established by District Board policies. 2.8. REASSIGNMENT. The Superintendent shall not be reassigned from the position of Superintendent to another position without the Superintendent?s written consent. Ill. COMPENSATION AND SALARY 3.1. ANNUAL BASE SALARY. The Superintendent shall be paid an annual base salary in the sum of Three Hundred Thirty?Five Thousand Doliars This annual salary rate shall be PAGE 9 OF 23 DALLAS INDEPENDENT SCHOOL EMPLOYMENT CONTRACT paid to the Superintendent in equal installments consistent with Board policy. The annual salary increase shalt be distributed according to the Superintendent?s performance appraisal rating. The District shall pay any pension surcharges imposed or assessed by the Texas Teacher Retirement System during the term of this Contract and any extension thereof. 32. SALARY ADJUSTMENTS. At any time during the term of this Contract, the Board may in its discretion. review and adiust the saiary of the Superintendent. ut in event shaii the Superintendent be paid less than the saiarfir set forth pursuant to Section 3.1 of this Contract except by mutual agreement of the parties. Such adjustments, it any, shaii be in the form of a written addendum to this Contract or a new contract. 3.3. BUSINESS EXPENSES. The District shati pay or reimburse the Superintendent for reimbursabie expenses incurred by the Superintendent in the continuing performance of the Superintendent?s duties under this Contract. The District agrees to pay the actuai and incidental costs incurred by the Superintendent for travel; such costs may include, but are not iimited to. airline tickets. hoteis and accommodations, meals. rentai car. and other expenses incurred in the performance of the business of the District. The Superintendent shall comply with all policies. procedures and documentation requirements in accordance with Board policies and established procedures, which shall be subject to review by the PAGE 10 OF 23 DALLAS INDEPENDENT SCHOOL SUPERINTENDENTS EMPLOYMENT CONTRACT District?s independent auditors. In addition. the Superintendent Witt submit a quarteriy report on business expenses to the Board during the Board Business Briefing. 3.4. HEALTH AND OTHER INSURANCE. The District shalt pay any health benefit surcharges imposed or assessed by the TRS during the terns of this Contract and any extension thereof. 3.5.. VACATIONL HOLIDAY AND PERSONAL LEAVE. The Superintendent may take. at his choice. subject to the Boards notification. a maximum of twenty?five {25} days of vacation and personal leave. The vacation and personal ieave days taken by the Superintendent shaii be taken at such time or times as ieast interfere with the performance or? the Superintendents duties as set forth in the Contract. On June 30th of each year of the term of this Contract, accrued but unused vacation days shail be purchased by the District, or when the Contract is terminated. either voluntariiy or involuntarily and paid to the Superintendent in accordance with this section. The vatue of any such accrued but unused vacation days at the Superintendents daily rate of pay shall be contributed by the District to an employer paid Suppiemental Retirement Plan. Soc'n contributions shalt be non?elective and may not be paid to the Superintendent in cash. The contribution shall first be made to a plan established under Section 403(b) of the Internal Revenue Code (the ?Code"). If the contribution exceeds the annual limit under the Code for a contribution to the 403(b}. plan, the remaining contribution shall be made to a plan estabtished under Section 457{b) of the Code. If the contribution to the 457th): plan exceeds the annual limit under PAGE 11 OF 23 DALLAS SCHOOL EMPLOYMENT CONTRACT the Code for a contribution to the 45?(b) plan, the remaining vatue of the vacation days shall be contributed to the Supplemental Retirement Pian the following calendar year. Each plan shall provide that the contributions made to the plan and all earnings thereon shall at alt times be foily vested in the Superintendent. Each plan shall be established under a written pian document that meets the requirements of Code and such documents are hereby incorporated herein by reference. The funds for the plans shall be invested in such investment vehicies as are allowabte under the Code for the applicable type of plan and such investment vehicles shall be chosen solely by the Superintendent. The daily rate of pay used to caicolate the yatue of accomoiated accrued but unused vacation days shalt be the annual base salary. as referenced in Section 3.1 of this Contract; divided by 226 days. The Superintendent shati obsenre the same legal holidays as provided by Board policies for administrative emptoyees on twelve?month contracts. 3.6. SICK LEAVE. The Superintendent shall have the same sick benefits as authorized by Board policies for administrative employees on twelve-month contracts. 3.7. NOTIFICATION OF ABSENCE FROM WORK. When Superintendent intends to be absent from the District for three or more consecutive days for any reason, he shall notify the President of the Board in writing or electronically at least five (5) work days prior to the absence except in the event of a personal or family emergency. In such cases, the President of the Board shall be notified as soon as practical. PAGE 12 OF 23 DALLAS INDEPENDENT SCHOOL 8U EMPLOYMENT CONTRACT in the event Superintendent will be hospitalized for non?emergency purposes: Superintendent shalt give the Board at least three (3) days written notice of each hospitalization. 3.8. ANNUAL PHYSICAL EXAMINATION. The Superintendent shall undergo an annual physical examination performed by a licensed physician mutually acceptable to the Board and the Superintendent. The annuai physical examination as provided herein, may include laboratory analysis of biood, urine, stress! EKG and other procedures as deemed appropriate by the licensed physician. The physician shaii submit a confidential statement to the President of the Board verifying the Superintendent?s fitness to perform the Superintendents duties: and copies of ali such statements shall be maintained as confidential to the extent permitted by iaw. The District shaii pay alt reasonabie costs of the annuai physical examination. 3,9, INDEMNIFICATION AND DEFENSE. The District shall indemnify; defend, and hold the Superintendent harmless regarding any civil ciaimst demands! or other legal proceedings against the Superintendent for any act or failure to act invoiving the exercise ofjudgment and discretion within the normal course and scope of his duties as Superintendent of the District, to the fullest extent permitted by iaw, except for internal investigations conducted by the District and expressly authorized by the Board. The District has no obligation to indemnify. defend, or hold the Superintendent harmless regarding any claims. demands, or other legal proceedings against the Superintendent if PAGE 13 OF 23 DALLAS SCHOOL DISTRICT {ct EMPLOYMENT CONTRACT the Superintendent admits in writing or under oath, or is found by a Court of competent jurisdiction to have acted with gross negligence or malice; {it} to have acted with the intent to violate a person?s clearly established iegai rights; or to have engaged in criminal conduct. Except for internai investigations conducted by the District and expressiy authorized by the Board, the District shalt advance the attorney?s tees, expenses and costs reasonabty= necessary to defend the Superintendent in any civil claims: demands, duties, actions or other legai proceedings against the Superintendent in which the Superintendent is aiieged to have acted with gross negligence or maiice; {it} to have acted with the intent to violate a person?s clearly established legal rights; or to have engaged in crirninal conduct. if the Superintendent admits in writing or under oath. or is found by a court of competent jurisdiction (it to have acted with gross negligence or maiice; {ii} to have acted with the intent to vioiate a person?s clearly estabiished legai rights; or to have engaged in criminai conduct then the Superintendent shall reimburse the District all sums advanced by the District to defend the Superintendent in the court proceeding in which such admission or finding is made within one hundred and twenty (120) days or as agreed by the Board. In the case of any criminal proceeding arising out of the Superintendent?s responsibilities as Superintendent or other actions against the District: the PAGE 14 OF 23 rmx. m. fun-h LC) Nm/ DALLAS INDEPENDENT SCHOOL DISTRICT EMPLOYMENT CONTRACT District shall advance the attorneys fees, expenses and costs reasonably necessary to defend the Superintendent in any criminal ciaims, demands, duties. actions or iegai proceedings against the Superintendent. if the Superintendent admits in renting or under oath or is found by a court of competent jurisdiction to have engaged in criminal condoc . titer. the Superintendent shalt promptiy reimburse the District some advanced by the District to defend tne Superintendent in court within one hundred and twenty t?l2D) days or as agreed by the Board. The District may tottitl its obiigation by i} purchasing appropriate insurance coverage for this benefit of the Superintendent. or {ii} including the Superintendent as a covered party under any errors and omissions insurance coverage purchased for the protection of the Board and the professional empioyees of the District. The Superintendent agrees to provide reasonable assistance to and cooperate with the District. its Trustees. agents, employees and attorneys in response to any legai proceeding or ciairns brought against the District. No individual member of the Board shall be personaliy liable for indemnifying, defending or holding harmless the Superintendent. or for any other obligation assumed by the District. It the Superintendent does not consent to being represented by the same counsei representing the District in any proceeding the District is obligated to defend under this Section 3.9, then the Superintendent may elect to be PAGE 15 OF 23 DALLAS SCHOOL DISTRICT represented in such proceeding by independent counsei. In such event: the District vviil pay the attorneys fees, expenses and costs reasonabiy necessary for the independent counsei to defend the Superintendent, subject to the provisions or? this Section 3.9. 3.10. RESIDENCE. Superintendent, as a condition of his appointment and continued employment as Superintendent, agrees to establish his permanent residenc within the geographicai boundaries of the District. Annuaiiy. Superintendent shalt provide evidence of Superintendents residence within the territoriai boundaries of the District to the President of the Board. 3.11. PROFESSIONAL LIABILITY INSURANCE. The District does hereby agree to provide the Superintendent. at the District?s expense, professionai liability insurance in the face amount of at least One Miliion Doliars IV. ANNUAL PERFORMANCE GOALS 4.1. DEVELOPMENT OF GOALS. The Superintendent shail by September 1st of each year during the term of this Contract, submit for the Board?s consideration and adoption. a proposed list of goals for the District. The goals approved by the Board shall be reduced to writing and shall be among the criteria upon which the Superintendent?s performance will be reviewed and evaluated (?District Goals"). PAGE1BOF23 DALLAS INDEPENDENT SCHOOL DISTRICT SUPER EMPLOYMENT CONTRACT 4.2. PERFORMANCE REVIEW. The Board shall evaluate and assess the performance of the Superintendent in writing at a motuaiiy agreed upon tirne, not tater than Decern?oer 31$t of each year of this Contract: with the first evaioation occurring no tater than December 1, 2016. The meetings at which the Board evatuates the Superintendent will be heid a posed meeting oniess the Superintendent requests that it should be held an open meeting. The evaluation and assessment shat! be rotated to the duties of the Superintendent as outiined in this Contract and consistent with Board Poticy BJA and BJA (LOCAL) and the District Coats for the District. 4.3. CONFIDENTIALITY. Unless the Superintendent expressly requests otherwise in writing! the evaluation of the Superintendent shalt at ali times be conducted in executive session and shall be considered confidentiai to the extent permitted by law. Nothing herein shall prohibit the Board or the Superintendent from sharing the content of the Superintendent?s evaluation with their respective legal counsel. 4.4. ANNUAL EVALUATION FORMAT AND PROCEDURE. The annual evaiuation format and procedure shaii be in accordance with the Board?s poiicies and state and federal few and in consultation with the Superintendent. in the event the Board deems that the evaiuation instrument, format and/or procedure is to be modified by the Board, the Superintendent shall be provided a reasonabie period of time to demonstrate such expected performance before being evaluated, PAGE 17 OF 23 DALLAS INDEPENDENT SCHOOL DISTRICT EMPLOYMENT CONTRACT 4.5 OTHER INTERIM Nothing in this Contract prohibits or limits the Board?s ability to conduct format or informai interim evatuations, between annual performance evaluations: regarding the performance of the Superintendent! as deemed by the Board in its soie discretion to be necessary or heipful. V. TERMINATION OF EMPLOYMENT CONTRACT 5,1; MUTUAL AGREEMENT. This Contract may be terminated by mutuai agreement of the Superintendent and the Board in. writing upon such terms and conditions as may be mutually agreed upon. 5.2. RETIREMENT OR DEATH. This Contract shatl be terminated upon the retirement or death of the Superintendent. 5,3. DISMISSAL FOR GOOD CAUSE. The Board may dismiss the Superintendent during the term of this Contract for good cause as that term is applied to term contract empioyees under Texas Law. Said termination will reiieve the District of any obligations to make further payment to the Superintendent pursuant to the terms of this Contract. Examples of ?good cause" include, but are not limited to: Failure to fulfill duties or responsibilities as set forth under the terms and conditions of this Contract; Incompetence or inefficiency in the performance of required or assigned duties as documented by evaluations, supplementai memoranda, or other written communication from the Board; provided, however, the terms and PAGE 18 OF 23 DALLAS INDEPENDENT SCHOOL DISTRICT ?unn/ r?M-x Mm! EMPLOYMENT CONTRACT conditions of this paragraph shail not justify good cause uniess the Board has provided the Superintendent a reasonable opportunity to remediate any incompetency or inefficiency: lnsubordination or faiiore to comply with lawfui written Board directives; Faiiure to compitr with the Board?s poiicies or the District?s administrative regutations; Negiect of duties; Convicted of driving white intoxicated; lilegai use of drugs; haliocinogens; or other substances regulated by the Texas Controlled Substances Act; Conviction of a feion'y' or crirne involving morai torpitode: Faiiore to report to the Board an};r arrest. conviction; or deferred adjudication for any felony or conviction invoiving moral torpitude as required by District poiicy'; Faiiure to meet the District?s standards of professional conduct: Faiiure to compiy with reasonable District professionat development requirements regarding advanced course work or professional development; not otherwise protected by law; that impairs performance of the required duties of the Superintendent; lmmoraiity. which is conduct the Board determines. is not conformity with the accepted morat standards of the community encompassed by the District. immorality is not confined to sexual matters. but includes conduct inconsistent with rectitoo?e or indicative of corruption; indecency. or depravity; Assault on an employee or student; Knowingly falsifying records or documents reiated to the District?s activities: Conscious misrepresentation of material facts to the Board or other District officials in the conduct of the District?s business; PAGE19 OF 23 DALLAS INDEPENDENT SCHOOL DISTRICT (U) (in (X) Lg" ?uh/ EMPLOYMENT CONTRACT Failure to fui?ll requirements for Superintendent Certification: Conducting personai business during schooi hours when it results in neglect of duties, Conduct or behavior not otherwise expressiy referred to in Board policy or in this Contract, either during or off working hours, that cause the public, students, or employees to lose con?dence in the ad ninistration and integrity of the District. Failure to take substantive steps in good faith to maintain an effective working reiationship, or maintain good rapport with parents, the community, staff or members of the Board. Faiiure to tuifill the requirements of a deficiency ptan under an Emergency Permit or a Speciai Assignment Permit; Making, publishing or assisting in making or pubiishing taise, vicious or maiicious statements of materiai tact concerning any employee or member of the Board; Bullying. retaliation, physicai or verbal abuse of students, parent, employees or other persons; Disclosing confidentiai Board or personnel information, except as permitted andror required appiicable law: and Any other reason constituting ?good cause? under Texas iaw as it appiies to term contract employees, as determined by the Board. SA. DISABILITY. Ir- the event the Superintendent shalt become physicaliy or mentaliy unable to perform his usual duties as Superintendent, the Board, at its option, may terminate this Contract and the employment of the Superintendent. Verification of the illness or disability of the Superintendent shall be required whenever a majority of the Board requests it. Veri?cation shall be by a physician mutually designated by the Board and Superintendent. Should the Superintendent be terminated due to such physical or PAGE 20 OF 23 DALLAS INDEPENDENT SCHOOL DISTRICT EMPLOYMENT CONTRACT mentat disability: the Superintendent shalt be entitled to one (1) year of his annual base salary set out in Section 3.1. Except for the payment as referenced in Section 3.1. of this Contract. the District shat] have no further to the Superintendent for any other compensation or benefits. 5.5. TERMINATION PROCEDURE. In the event that the Board proposes to terminate this Contract for ?good cause"? the Superintendent shaii be afforded the rights as set forth in the Board?s policies? and appticabte state and federal Saw. 5:6. NONRENEWAL OF CONTRACT. of this Contract shait be in accordance with Board poticy BJCF (LEGAL) and applicable iaw. VI. MISCELLANEOUS 6.1.. CONTROLLING LAW. This Contract shait be governed by the iaws of the state of Texas? and it shalt be pertormabie in Dailas County, Texas, uniess otherwise provided by law. This Contract supersedes and replaces all previous contracts, understandings and agreements between the parties. 6.2. COMPLETE AGREEMENT. This Contract embodies the entire agreement between the parties, and except as expressly provided herein, it cannot be varied except by written agreement of the parties. PAGE 21 OF 23 DALLAS INDEPENDENT SCHOOL DISTRICT EMPLOYMENT CONTRACT 6.3, CONFLICTS. lo the event of any con?icts between the terms? condition. and provisions of this Employment Contract and the provisions of the Board?s policies. or any permissive state or federal Saw: then. unless otherwise prohibited by tare} the terms of this Contract shalt (I) take precedence over the contrary provisions of the Boards poticie or any such permissive {aw durinc the term of the Contract. 6.4, SAVINGS CLAUSE. the event any one or more of the provisions contained in this Contract shall, for any reason. be heid to be inyatid. itlegai. or unenforceabie. such inyattdity. ittegatity. or unenforceability shait not affect any other provisions thereof. and this Contract shalt be construed as if such invalid. illegat: or unenforceable provision had never been contained herein. Ail existing agreements and contracts both yerbai and written, between the parties hereto regarding the employment of the Superintendent have been superseded by this Contract, and this Contract constitutes the entire agreement between the parties unless amended pursuant to the terms of this Contract. 65. AMENDMENT. This Contract may be amended during its term by the mutuat written consent of the District and Superintendent. Any such amendment shall be in writing and approved by officiat action of the Board, and accepted in writing by the President of the Board and Superintendent. PAGE 22 OF 23 DALLAS INDEPENDENT SCHOOL DISTRICT SUPERINTEN EMPLOYMENT CONTRACT 6.6. NOTICE. Any notice required or permitted to be deiivered hereunder shalt be deemed to be delivered, whether or not actually received, when deposited in the United States Matt? postage prepaid; certi?ed mail, return. receipt requested. at the addresses contained herein. 6:7. BOARD POLICIES. References herein to ?Board peticies'= inctudes the Beard?s peticies as they exist or may be hereinafter be adopted or amended. DALLAS INDEPENDENT SCHOOL DISTRICT ?w By; ATTEST: ckburn, Secretary Pre Tempore Eric Cowan. President Board at Trustees Board of Trustees Date: /0 5 Date: SUPERINTENDENT ?Michaet? Hincjesa Date: PAGE 23 OF 23