DCPS Contract of Employment with
Elfreda Massie, Interim Superintendent
December 17, 2003

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THIS CONTRACT made and entered into the 17th day of December, 2003 by and between the District of Columbia Board of Education, hereinafter referred to as "Board" and Elfreda W. Massie, hereinafter referred to as "Interim Superintendent."

A. Employment

The Board hereby employs the Interim Superintendent, and Interim Superintendent hereby enters into the employment of the Board as Interim Superintendent of the District of Columbia Public Schools ("School District"). Such employment shall be subject to the terms and conditions of this contract.

B. Duties

Interim Superintendent agrees. during the period of this contract, to faithfully perform her duties as chief executive officer of the School District- and all obligations in such capacity for the School District including, but not limited to, those duties set forth by the D.C. Municipal Regulations, Title 5, §501. She shall operate under the direction of the Board and shall report directly to the Board. She will act as an advisor to the Board on matters pertaining to the school administration, and she will inform the Board of significant administrative action taken on its behalf. The Interim Superintendent shall recommend, effect, or cause to be effected, the policies and programs of the Board as may be needed. She will faithfully and diligently fulfill all the duties and obligations incumbent upon her as the executive head of the school district.

C. Term

This contract shall take effect as of November 19, 2003, and continue in force thereafter through December 31, 2004, subject, however, to termination as hereafter provided. In the event that a new superintendent is hired prior to December 31, 2004, Interim Superintendent shall continue to be employed by the School District through that date subject to the terms of this Agreement (including without limitation termination but excluding pay for performance has hereafter provided), in such position, however, as the new superintendent in his or her sole and exclusive discretion deems appropriate

D. Salary

1. Base Salary: The Board agrees to pay the Interim Superintendent for her services $175,000 annually, paid periodically per the policies governing payment of other executive employees of the school district.

2. Retirement Annuity: The Board shall contribute to a retirement plan of the Interim Superintendent's choosing an amount equal to 17.5% of her base salary. Such payments shall be made at least quarterly and shall vest at the time made, to the extent permitted by the plan and by applicable law.

3. Pay-For-Performance: In furtherance of the goals set forth in the Business Plan for Strategic Reform, dated February 27, 2002, to usher in a new era of educational reform, and to lay the strategic groundwork for the development and implementation of meaningful, enduring and fundamental long term infrastructure and instructional reform, the contract will be amended to add mutually agreed performance goals for achieving institutional and infrastructure reform with performance bonuses attached to the successful completion of such goals. The School Board will propose specific goals to the Interim Superintendent by no later than March 15, 2004, and the total amount of the performance pay pool, which the Interim Superintendent shall have an opportunity to earn, is $45,000. which shall be paid out incrementally as the agreed-upon goals are achieved.

E. Benefits

The Board shall provide the Interim Superintendent with the following benefits:

1. Insurance: The Board shall provide, without cost, health, life and long-term disability insurance as generally provided to all excepted employees of the school district. Such health insurance shall be family coverage.

2. Leave: The Interim Superintendent shall be entitled to 26 days of paid leave (covering sick and vacation days) per year in addition to holidays normally given to excepted employees of the school district. If the Interim Superintendent is not employed by the school district upon termination of this agreement, she shall be paid for any unused leave on a pro rated per diem basis. If she remains employed, she may carry over all unused leave accrued upon termination of this agreement.

3. Annual Medical Exam: The Interim Superintendent may have a comprehensive medical examination once each year, at Board expense, by a physician of her choosing. The report of the examination shall be delivered exclusively to the Interim Superintendent.

4. Severance Pay. Subject to termination as hereafter provided, the Interim Superintendent shall be entitled to 12 weeks of severance pay in the event that (i) she is not appointed as superintendent; and (ii) she remains as Interim Superintendent until the superintendent assumes his or her position and for a reasonable period thereafter to facilitate an orderly transition not to exceed 90 days.

5. Reimbursement of Expenses The Interim Superintendent shall be reimbursed for reasonable out-of-pocket expenses incurred in connection with the performance of her duties.

F. Professional Growth and Development

The Board encourages the continuing professional growth of the Interim Superintendent. The Interim Superintendent may attend professional meetings, seminars and programs at the local and national level. The expenses of attendance, as well as dues for memberships in appropriate professional organizations, shall be paid from a Personal Development Fund established for the Interim Superintendent in the amount of $5000 annually. The Interim Superintendent may receive additional funds for professional development on an as-needed basis upon advance approval of the Board.

G. Indemnification

The Board agrees that it shall defend, hold harmless and indemnify Interim Superintendent from any and all demands, claims, suits, actions and legal proceedings brought against Interim Superintendent in her individual capacity or in her official capacity as agent and employee of the district, provided the incident arose while Interim Superintendent was acting within the scope of her employment.

H. Termination

1. Termination for Cause: The Interim Superintendent shall be subject to discharge for good and just cause. If discharged for good and just cause, the Interim Superintendent shall be entitled to no further payments or benefits under this contract, including but not limited to severance pay. No discharge shall be effective until written charges have been served upon her and she has an opportunity for a fair hearing before the Board after ten days' notice in writing. At such hearing, she may have legal counsel at her own expense.

2. Unilateral Termination by the Board: The Board can only discharge the Interim Superintendent without cause upon written notice of at least 60 days. In the event of such termination, the Interim Superintendent shall receive 12 weeks of severance pay, if she is otherwise eligible as provided for in Section E.4, above.

3. Resignation by the Interim Superintendent: The Interim Superintendent must provide 60 days written notice to the Board if she chooses to resign before the termination of this agreement.

I. Governing Law

The interpretation of this contract and any questions arising under it shall be determined exclusively by the law of the District of Columbia.

J. Merger Clause

This Contract contains the entire agreement between the parties pertaining to the subject matter hereof and supersedes and replaces all prior agreements, understandings, negotiations and discussions, whether oral or written.

K. Severability

The provisions of this contract shall be deemed severable, and the invalidity of any portion hereof shall not affect the validity of the remainder.

L. Amendments

This Contract may be amended by the mutual consent of both parties. Any amendment must be in writing and must be executed by a duly authorized member of the Board. A copy shall be attached hereto.

M. Waiver

Any waiver of any provision of this contract shall not be deemed to be a waiver of any other provision or of a subsequent breach, and shall not be construed to be a modification of the terms of the contract.

IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year set forth above.

INTERIM SUPERINTENDENT
Elfreda W. Massie

DISTRICT OF COLUMBIA BOARD OF EDUCATION
Peggy Cooper Cafritz, President