1 STATE SUPERINTENDENT OF EDUCATION

2 CONTRACT OF EMPLOYMENT

4 THIS AGREEMENT is made on May 10, 2018, by and between the Board of

5 Education of the State of Alabama (the "Board") and Dr. Eric G. Mackey (the

6 "Superintendent").

8 WHEREAS the Board is authorized to enter into a contract with the

9 Superintendent for his services for a period not to exceed four years, Ala. Code § 16-4-1

10 (1975); and

11

12 WHEREAS the Superintendent serves at the pleasure of the Board, subject to the

13 terms of this Agreement; and

14

15 WHEREAS the Board considered and approved this action in a public meeting on

16 May 10, 2018;

17

18 AGREEMENT

19

20 NOW, THEREFORE, in consideration of the mutual conditions and covenants

21 contained herein, it is agreed by the Board and the Superintendent as follows:

22
 I SECTION 1. EFFECTIVE DATE. This Agreement shall be effective on May 14,

2 20 18 (the "Effective Date"), and the Superintendent shall be entitled to all benefits

3 described herein as of that date.

5 SECTION 2. TERM OF EMPLOYMENT. The Board hereby employs the

6 Superintendent and the Superintendent hereby accepts employment with the Board for a

7 term of three years, beginning on May 14,2018, and ending May 13,2021, subject to the

8 provisions of this Agreement.

10 SECTION 3. SALARY. During the term of this Agreement, the Superintendent

II shall be paid an annual salary of $245,000.00.

12

13 SECTION 4. OTHER BENEFITS. The Superintendent shall not receive cost-of-

14 living or annual salary increases passed by the Alabama Legislature for State employees.

15 The Superintendent shall be entitled to such other employment benefits as allowed by

16 law, rule, or regulation to employees of the State of Alabama, including, but not limited

17 to, participation in the applicable state retirement program and health insurance coverage

18 program; reimbursement of travel expenses as provided for state employees in Title 36,

19 Chapter 7 of the Code of Alabama; the use of a state-owned vehicle; a $1,750.00 per

20 month housing allowance; reimbursement for reasonable business expenses, including,

21 but not limited to the reasonable cost to obtain and maintain a smart phone, electronic

22 tablet, and laptop computer; reimbursement of up to $5,000.00 annually for professional

2
 1 development; reimbursement for the cost of any bond required under the section 16-4-3

2 of the Alabama Code to the extent permitted by law; reimbursement of membership dues

3 paid to Council for Leaders of Alabama Schools and the School Superintendents of

4 Alabama; and accumulation of annual and sick leave as provided for state employees, all

5 of which shall be carried over to succeeding years if not used, to the extent allowed by

6 law. The Board agrees that accumulated sick leave earned by the Superintendent in any

7 other capacity shall be transferred to his employment as Superintendent, unless otherwise

8 provided by law.

10 SECTION 5. ANNUAL EVALUATION. Evaluation is a process through which

11 the Board and the Superintendent work together to improve efficiency and effectiveness

12 of the operations of the Department of Education. In an effort to support the

13 Superintendent and to increase the likelihood of his successful administration, the Board

14 may conduct an annual review and evaluation. The Superintendent and the Board will

15 work together to develop an evaluation instrument (including a scoring rubric, if deemed

16 appropriate by the Board), which must be given to the Superintendent 12 months before

17 his evaluation. The evaluation process will include the opportunity for Board members to

18 discuss their perceptions of the Superintendent's performance. Board members who find

19 any area of the Superintendent's performance insufficient are obligated to offer specific

20 suggestions for improvement. If a majority of the Board approves a fmding or findings of

21 insufficient performance, the Board shall notify the Superintendent of the finding(s), and

22 the reasons therefor, and shall allow the Superintendent a reasonable time to make

3
 1 satisfactory progress toward correcting any deficiencies or unsatisfactory performance.

2 The first evaluation will be conducted in December 20 19 and subsequent evaluations will

3 also be conducted in December of each year.

5 SECTION 6. PERFORMANCE PAY INCREASE. Beginning May 14,2019,

6 unless affirmatively disapproved by the Board upon a finding of overall insufficient

7 performance in an annual evaluation as set out and directed in Section 5, the

8 Superintendent shall receive a 3-percent salary increase effective May 14 each year of

9 this Agreement.

10

11 SECTION 7. SUPERINTENDENT'S DUTIES AND RESPONSIBILITIES. The

12 Superintendent shall assume and discharge all duties and responsibilities as are provided

13 by law and such other duties as the Board shall require of him from time to time in

14 accordance with applicable law.

15

16 SECTION 8. TERMINATION BY MUTUAL AGREEMENT. This Agreement

17 may be terminated at any time by the mutual consent of the parties to this Agreement.

18 The consent of the Board in such case may be given or expressed only by official action

19 of the Board.

20

21

22

4
 1 SECTION 9. TERMINATION BY BOARD.

2 a. TERMINATION FOR CAUSE. Termination for cause shall be in

3 accordance with section 16-3-25 of the Alabama Code and shall be for any reason

4 enumerated therein. In accordance with section 16-3-25, before voting to terminate the

5 Superintendent for cause, the Board shall approve, by a three-quarters vote of the whole

6 Board, a notice of intent to terminate which clearly sets forth the grounds for termination.

7 The notice shall also set the date for a hearing at which the Superintendent shall have an

8 opportunity to be heard and to present matters in his defense. After approval by the

9 Board, the notice shall be delivered to the Superintendent no sooner than 10 days before

10 the hearing date. At the hearing, the Superintendent shall be given an opportunity to

11 present evidence, examine and cross-examine witnesses, exercise subpoena power in the

12 name of the Board, and otherwise be heard. If the Board votes by a three-quarters vote to

13 terminate the Superintendent for cause, then no further remuneration or any other benefit,

14 fmancial, or otherwise, shall be paid to Superintendent unless the Board separately votes

15 by a simple majority to approve severance pay in an amount not to exceed six months'

16 salary or the balance of his salary owed for the remainder of the current contract term,

17 whichever is less.

18 b. TERMINATION WITHOUT CAUSE. At any time, the Board may

19 officially act, by a majority vote of the whole Board, to unilaterally terminate this

20 Agreement without cause and thereby terminate the employment of the Superintendent

21 upon 90 days' written notice to the Superintendent, unless otherwise agreed between the

22 Superintendent and the Board. Such unilateral termination shall be at the sole and

5
 1 absolute discretion of the Board. In such case, the Superintendent shall receive severance

2 pay in an amount equal to all of the aggregate salary and allowances from the date of

3 actual termination to the expiration date of the current contract term.

5 SECTION 10. TERMINATION BY SUPERINTENDENT. This Agreement may

6 at any time be terminated unilaterally by the Superintendent upon 60 days' written notice

7 to the Board. Upon receiving notice of resignation by the Superintendent, the Board may

8 elect to terminate his employment immediately but must continue to provide all

9 compensation and benefits due the Superintendent under this Agreement for a period of

10 60 days from the date of his notice of resignation.

11

12 SECTION II. DEFENDING THE SUPERINTENDENT TO THE EXTENT

13 PROVIDED BYLAW. The Board agrees that, unless otherwise prohibited by law, it shall

14 defend and hold harmless, to the extent that any applicable state liability fund does not, the

15 Superintendent from any and all demands, claims, suits, actions, and legal proceedings

16 (including matters before the Ethics Commission and criminal charges if, in the Board's

17 sole discretion, the Board believes that the Ethics complaint and/or criminal charge is

18 unwarranted and worthy of the Board's providing of a defense, in said case a majority vote

19 of the Board being required) arising from, or in any way connected to the performance of

20 the Superintendent's duties and/or responsibilities. The Board also agrees that the

21 Superintendent shall have the choice of hiring the lawyer or lawyers so defending him,

22 provided that the hourly charges for said lawyer or lawyers paid by the Board shall not

6
•
•
1 . ho~
exceed the highest amount paid pt;r . any' df,the: liabilitx. funds op~rated by1the
.. by . '

2 Department ofFinan9e. The Board',s obligation pnder.this section s~ves~e tern;Unation

~ ' ., ; .:- . i :. ,., .. f }. : ; _; ,., ;_,

3 of this contract. Nothing herein shall be construed as a w;uver. of the Board's sovereign

4 immunity.

5
' '
~--. .l . ·" " •. ' ••• . ... : .. . •. f ;. .J

6 SECTION 12. RENEWAL. If the Board does not notify the Superintendent in

7 . writing befqre May;13, 2019, and every Maj r3 61 subsequ~~tyearsYiltil Mpy 13, 2025,
~<- -· ._

8 of the Board'~ in~;nt ~otto extend the(} ~~ ~s. Agreement, thi: Agre;me~t sh:ll be
9 extended on that date for one additional year beyond the previously applicable expiration

10 date, without any further action by the Board.

11
12 SECTION 13. GOVERNING LAW. This Agreement shall be governed by and

13 construed in accordance with the laws of the State of Alabama.

14

15
16 Eric G. Mackey Date
17
18
19 The Alabama State Board of Education
20 By:
21
22
23 Its President, Governor Kay Ivey Date
24
25