DIRECTOR’S EMPLOYMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF ANGELINA §
THIS AGREEMENT (“Agreement”) is made and entered into as of the date last executed below and effective as of July 1, 2022, by and between Pineywoods Community Academy, a Texas nonprofit charter school and corporation, (the “School”) acting by and through its Board of Directors (the “Board”) and Monica Gunter (the “Director”).
The Board desires to employ the Director the Director desires to accept such employment pursuant to the terms and conditions set forth herein.
The parties agree as follows:
- Term. Pursuant to the action of the Board found in the minutes of its June, 20, 2022 board meeting, the Board does hereby employ the Director, and the Director does hereby accept employment with the School for a term commencing July 1, 2022 and ending June 30, 2025. The School may, by action of the Board, and with the consent of the Director, extend the term of this agreement as permitted by the laws of the State of Texas.
- Reassignment. During the term of this Agreement, the Director may not be reassigned from the position of Director to another position except in the following circumstances:
2) By act of the Board in its sole discretion reassigning her to another administrative position, however, salary and employment benefits shall not be diminished by virtue of any such reassignment.
- No Right of Tenure. The Board has not adopted any policy, rule, regulation, law, or practice providing for tenure. No right of tenure, contractual obligation, expectancy or continued employment or claim of entitlement is created beyond the term of this Agreement.
- Duties; Performance of Duties. The Director shall faithfully perform the duties customarily performed by the Director of schools as prescribed in the job description and as may be assigned from time to time by the Board, and shall comply with all Board directives, state and federal law, and regulations and policies, rules and regulations of the Board as they exist or are hereafter amended or adopted. The Director shall perform the duties of the Director of the School with reasonable care, diligence, skill, and expertise. Specifically, it shall be the duty of the Director to assume administrative responsibility and leadership for the planning, operation, supervision, and evaluation of the education programs, services, and facilities of the School and for the annual performance appraisal of the School’s staff, assume administrative authority and responsibility for the assignment and evaluation of all personnel of the School other than the Directory; make recommendations regarding the selection of personnel of the School other than the Director; initiate the termination or suspension of an employee or the nonrenewal of an employee’s employment agreement; manage the day-to-day operations of the School as its administrative manager; prepare and submit to the Board with the business manager a proposed budget; prepare recommendations for policies to be adopted by the Board and oversee the implementation of adopted policies; develop or cause to be developed appropriate administrative regulations to implement policies established by the Board; provide leadership of the attainment of student performance in the School based on the indicators adopted by the State Board of Education or the Board; organize the School’s central administration; and perform any other duties assigned by action of the Board. It shall be the further duty of the Director to accept all resignations of employees of the School consistent with the Board’s policies, except the Director’s resignation, which must be accepted by the Board.
- Certification and Records. The Director shall, at all times, during the term of this Agreement and any renewal or extension thereof, hold and maintain a valid certificate required to be a superintendent of public schools by the State of Texas and issued by the State Board for Educator Certification (SBEC) or the Texas Education Agency (TEA). Failure to provide and maintain such certification(s) or any material misrepresentation related to such certification(s) shall constitute grounds for termination of this Agreement.
- Salary. The school shall provide the Director with an annual salary in the sum of One Hundred Thirty Five Thousand Dollars ($135,000) payable in equal installments consistent with the Board’s policies and following the School’s pay schedule dates.
- Salary Adjustment. The School shall provide a cell phone or $100 per month to cover cell phone costs. At any time during the term of this Agreement, the Board may, in its sole discretion, review and adjust the salary of the Director, however, in no event shall the Director be paid less than the salary set forth in Section 2.1 above except by mutual agreement of the two parties. Such adjustments, if any, shall be made pursuant to a lawful Board resolution. In such event, the parties agree to provide their best efforts and reasonable cooperation to execute a new Agreement incorporating the adjusted salary.
- Time Off. The Director shall receive the same vacation time, sick leave, and personal leave accorded to other professional employees of the School under its policies and procedures. Vacation days shall be taken at such time or times as will least interfere with the performance of the Director’s duties as set forth herein.
- Insurance. The School shall pay for life insurance, single coverage hospitalization and major medical insurance for the Director. The Director may pay the difference between single coverage medical insurance and higher premiums necessary to add a spouse and children.
- Membership Expenses. The Director is encouraged to participate in civic and community organizations and affairs. The School shall reimburse the Director for reasonable expenses related to membership and participation in such activities, but in no event shall the School pay for membership in more than two (2) organizations.
- Moving Expenses. The School shall not provide the Director for any moving expenses due to the fact that the Director currently resides in the Angelina County area.
- Time and Expenses for Professional Growth. The Director shall devote her time, attention, and energy to the direction, administration, and supervision of the School. The Board believes this is best accomplished by the Director when she is physically present within the School boundaries, and expects the Director to be physically present during the school day unless a compelling reason to be elsewhere exists. The Board, however, encourages the continued professional growth of the Director through the Director’s active attendance at and participation in appropriate professional meetings at the local, regional, state, and national levels. The Board shall encourage the use of data and information sources, and shall encourage the participation of the Director in pertinent education seminars and courses offered by public or private institutions or by educational associations, as well as the participation in informational meetings with those individuals whose particular skills, expertise, or backgrounds would serve to improve the capacity of the Director to perform the Director’s professional responsibilities for the School. In its encouragement of the Director to grow professionally, the Board shall permit a reasonable amount of release time for the Director per year as the Director and the Board deem appropriate, to attend such seminars. The School shall pay the Director’s membership dues to two professional associations as defined in Section 2.5. The Board may approve additional memberships necessary to maintain and improve the Director’s professional skills subject to Board Approval. Attendance at or participation in such seminars by the Director shall not interfere with the required duties of the Director.
The School shall reimburse the Director necessary transportation, meals, and lodging expenses connected to such travel in accordance with School policy. Travel outside the State of Texas for professional growth will not be reimbursed without prior Board approval.
- Review of Performance
- Time and Basis of Evaluation. The Board shall evaluate and assess in writing the performance of the Director at least once each year during the term of this Agreement. The Board’s evaluation and assessment of the Director shall be reasonably related to the duties of the Director as outlined in the Director’s job description and Section 1.4 of this Agreement and shall be based on the School’s progress towards accomplishing its goals as outlined by the Board. The evaluation format and procedure shall be in accordance with the Board’s policies and state and federal law.
- Confidentiality. Unless the Director expressly requests otherwise in writing, the evaluation of the Director shall at all times be conducted in executive session and shall be considered confidential to the extent permitted by law. Nothing herein shall prohibit the Board or Director from sharing the content of the Director’s evaluation with their respective legal counsel.
- Termination of Employment
- Mutual Agreement. This Agreement may be terminated by the mutual written agreement of the parties hereto at any time.
- Death; Retirement; Disability. This Agreement shall terminate upon the retirement or death of the Director. Should the Director be unable, for a period of more than nine months during any year, to perform any or all of her official duties by reason of illness, accident, or other causes beyond her control and not otherwise protected by law (“Disability”), the Board may, in its discretion, make a proportionate deduction from the salary stipulated, and if such Disability continues for more than twelve months or, if the Disability is permanent, irreparable, or of such nature as, in the discretion of the Board, will make the performance of her duties impossible, the Board may, at its option, terminate this Agreement, whereupon the respective duties, rights, and obligations herein shall terminate.
- Dismissal for Good Cause. The Board may dismiss the Director at any time for good cause. Examples of good cause include, but are not limited to, the following:
- Failure to fulfill duties or responsibilities as set forth under the terms of and conditions of this Agreement;
- Incompetence or inefficiency in the performance of required or assigned duties as documented by evaluations, supplemental memoranda, or other written communication. (The terms and conditions of this subsection shall not justify good cause unless the Board has provided the Director reasonable opportunity to remediate any incompetence or inefficiency.);
- Insubordination or failure to comply with lawful written Board directives;
- Failure to comply with the Board’s policies or the School’s administrative regulations;
- Neglect of duties;
- Drunkenness or excessive use of alcoholic beverages;
- Illegal use of drugs, hallucinogens, or other substances regulated by the Texas Controlled Substances Act;
- Conviction of a felony or crime involving moral turpitude;
- Failure to meet the School’s standards of professional conduct;
- Failure to comply reasonable School professional development requirements regarding advanced course work, professional development, annual trainings and school safety;
- Disability, as defined in Section 4.2;
- Immorality, which is conduct the Board determines not in conformity with the accepted moral standards of the community encompassed by the School. Immorality is not confined to sexual matters, but includes conduct inconsistent with rectitude or indicative of corruption, indecency, or depravity;
- Failure to put forth a reasonable effort to achieve a good rapport with parents, the community, staff, or the Board; however, failure to accomplish a good rapport under the terms and conditions of this subsection shall be deemed not to be a cause when said good rapport is not achieved due to no fault of the Director;
- Criminal assault on an employee or student;
- Knowingly falsifying records or documents, or having knowledge that falsified records or documents exist and failing to take corrective action, related to the School’s activities or employees;
- Conscious misrepresentation of facts to the Board or other School officials in the conduct of the School’s business;
- Failure to fulfill requirements for certification under Section 1.5 above;
- Failure to fulfill the requirements of a deficiency plan under an Emergency permit; or
- Any other reasons constituting “good cause” under Texas law.
- Dismissal or Resignation without Cause. Either party may terminate this Agreement without cause by sixty days written notice to the other party.
- Consolidation. A determination by the Board, in its sole discretion, that a consolidation of the School with one or more school districts or charter schools requires that this Agreement be terminated, shall constitutes good cause for termination of the Agreement.
- Suspension and Nonrenewal
- Suspension. Suspension of the Director shall be in accordance with Board policy.
- Nonrenewal. Renewal and nonrenewal of this Agreement shall be in accordance with Board policy.
- Controlling Law. This Agreement shall be governed by the laws of the State of Texas and shall be performable in Angelina County, Texas.
- Complete Agreement. This Agreement embodies the entire agreement between the parties hereto and cannot be varied except by written agreement of the undersigned parties, except as provided herein.
- Conflicts. In the event of any conflict between the terms, conditions, and provisions of this Employment Agreement and the provisions of the Board’s policies, or any permissive state or federal law, then, unless otherwise prohibited by law, the terms of this Agreement shall take precedence over the contrary provisions of the Board’s policies or any such permissive law during the term of the Agreement,
- Savings Clause. In the event any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
- Assignment. The Director’s obligations under this Agreement are personal and nature and may not be assigned or transferred.
- Counterparts. This Agreement may be executed in counterparts, each of which when executed and delivered shall constitute an original, but all of which shall constitute one instrument.
[Signature page follows]
EXECUTED this ______ day of _____________, 2022, by
PINEYWOODS COMMUNITY ACADEMY
Dr. Neal Naranjo, President
Board of Directors
Pineywoods Community Academy
Charlie E. Grumbles, Secretary
Board of Directors
Pineywoods Community Academy
EXECUTED this ______ day of _____________, 2022, by
PINEYWOODS COMMUNITY ACADEMY
Monica Gunter, Director