Employment Agreement

between the

Board of School Trustees

of the

Avon Community Schools

Dr. Margaret E. Hoernemann

for the period from

March 21, 2012 to June 30, 2015

AVONCOMMUNITY SCHOOL CORPORATION7203 East US Highway 36, Avon, Indiana 46123 (317) 272-2920

Document Control # 2155127_3

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Employment Agreement

This Agreement supplements the Regular Teacher Contract employing DR. MARGARET

E. HOERNEMANN as the Superintendent of the Avon Community Schools by the BOARD OF

SCHOOL TRUSTEES of the AVON COMMUNITY SCHOOL CORPORATION. It is entered into by

mutual consent of the parties in the marmer permitted by Ind. Code 20-28-8-6(3). In doing so, it

replaces all prior contracts between these parties.

1. PAR I ILS TO THIS AGREEMENT AND DEFINITION OF TERMS.

The parties to this Agreement are the "SUPERINTENDENT" meaning DR. MARGARET E.

HOERNEMANN; and the "BOARD" meaning the BOARD OF SCHOOL TRUSTEES of the AVON

COMMUNITY SCHOOL CORPORATION.

As used in this Agreement, "SCHOOL YEAR" means a continuous period of twelve (12)

months beginning on July 1 and ending on June 30 of the following calendar year; and

"CALENDAR YEAR" means a continuous period of twelve (12) months beginning on January 1

and ending on December 31 of the same calendar year.

2. EMPLOYMENT OF SUPERINTENDENT AND LENGTH OF THIS AGREEMENT.

A. EMPLOYMENT OF THE SUPERINTENDENT & LENGTH OF THIS AGREEMENT.

The Board agrees to employ the Superintendent and the Superintendent agrees to be

employed by the Board in a position titled "Superintendent." The Superintendent agrees that

she is properly licensed by the Office of Educator Licensing and Development of the Indianan

Department of Education for this position and that she will be required to maintain this license

for the balance of her employment as Superintendent.

The Superintendent shall serve as the chief executive officer of the Avon Community

Schools subject to the terms of this Agreement for an initial term beginning on March 21, 2012

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and concluding on June 30, 2015, unless extended or canceled pursuant to its terms or Indiana

statute.

The parties agree that the statute providing for the extension of this Agreement in the

final year, specifically Ind. Code 20-28-8-8, shall not apply to this Agreement. In place of this

statute, the parties agree that the length of this Agreement shall be extended by one school year

(July 1 to the following June SO) on the first day of each school year, i.e. July 1, unless a party

gives the other written notice on or before the preceding March 1 that the party objects to the

extension of the length of this Agreement pursuant to this Sub-Paragraph. The delivery of

written notice of objection to the extension of the length of this Agreement pursuant to this

Sub-Paragraph shall not prevent the parties from agreeing to an extension of this Agreement in

a written amendment to this Agreement after March 1.

Upon extension of this Agreement pursuant to this Sub-Paragraph, all provisions other

than the length of this Agreement shall remain the same unless the parties specifically agree in

writing to additional modifications to this Agreement.

B. SUPERINTENDENT'S WORKING DAYS & VACATION LEAVE IN EACH SCHOOL

YEAR.

The parties agree that the Superintendent shall provide services pursuant to this

Agreement on two hundred and sixty (260) working days during each calendar year. These

working days shall include thirty (30) days of paid vacation leave in each calendar year. The

Superintendent's vacation leave earned as Associate Superintendent to March 21, 2012 and a

prorated portion of her vacation leave as Superintendent for the period from March 21, 2012 to

January 1, 2013 shall be added together to constitute her vacation leave for calendar year 2012.

On January 1, 2013 and each January 1 thereafter, the Superintendent shall be credited with

thirty (30) vacation leave days.

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The Superintendent's two hundred and thirty (230) working days (260 days minus 30

days of paid vacation leave in each calendar year) shall also include all holidays and paid leave

days recognized by the Board.

The Superintendent's calendar of work days shall be organized so as to insure the

Superintendent's presence at key events such as budget preparation and adoption and student

testing, as well as the full and competent performance of the duties established in Paragraph

Three (3) of this Agreement.

The Superintendent's vacation leave shall vest as described in this Sub-Paragraph and

shall not accumulate or carry-over for use in future calendar years. However, the Superintendent

shall have the option to sell five (5) days of accrued but unused vacation leave each calendar year

at a per diem rate which is the basic salary paid pursuant to Sub-Paragraph +(A.) of this

Agreement divided by 260 or Five Hundred and Seventy-Six Dollars and Ninety Two Cents

($576.92). With the exception of the option to sell back five (5) days of accrued but unused

vacation leave each calendar year, accrued but unused vacation leave days that are unused by the

Superintendent on December 31 of each calendar year shall be lost.

C. Superintendent's Evaluation.

The parties agree that the Superintendent is a "certificated employee" as defined at Ind.

Code 20-29-2-4 and must therefore receive an annual evaluation pursuant to Ind. Code 20-28-

11.5-4. This evaluation shall be performed by the Board and shall result in a finding that the

Superintendent's performance of the duties of her position has been "highly effective," "effective,"

Improvement necessary," "ineffective."neffective.

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3. DUTIES OF THE POSITION OF SUPERINTENDENT.

A. The parties agree that the Superintendent shall have the duties stated in the job

description for the position titled "Superintendent" which is incorporated here by reference:

(hi.)

The duties assumed by the Superintendent in this Agreement may be modified by the

agreement of the parties. The duties established for the Superintendent by this Agreement are

personal to the Superintendent and shall not be delegated by her except as specifically

authorized by the Board. The position of Superintendent is a unique position in the Avon

Community Schools and the Superintendent shall therefore not be transferred or reassigned by

the Board to another position within the Avon Community Schools without her consent.

C. The Superintendent agrees that the duties and responsibilities of the position of

Superintendent require her best professional judgment and expertise, and therefore constitute

full-time employment. The Superintendent therefore agrees that she will not accept outside

employment, perform work as an independent contractor, or engage in any other business

pursuit involving her personal services without the agreement of the Board. The Board

recognizes that the Superintendent was teaching a college course at the time of her employment

as Superintendent on March 21, 2012, and consents to the Superintendent's completion of that

duty.

4. SUPERINTENDENT'S BASIC SALARY AND BENEFITS.

In exchange for performing the duties of the position of Superintendent established by

this Agreement and meeting the qualification standards for the position titled "Superintendent"

established in Sub-Paragraph 3(A.) of this Agreement, the Board agrees that the Superintendent

shall receive the following:

A. SUPERINTENDENT'S BASIC SALARY.

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The Superintendent shall be paid an annual basic salary of One Hundred and Fifty

Thousand Dollars ($150,000) as Basic Salary. Salary increases shall be considered by the

Board following its evaluation of the Superintendent as a certificated employee pursuant to Sub-

Paragraph 2(C.) of this Agreement.

B. INSURANCE COVERAGE.

(1.) GROUP HEALTH DENTAL & VISION INSURANCE COVERAGE WHILEACTIVELY EMPLOYED.

In each School Year the ACS shall pay the Superintendent additional basic salary

in an amount which is the annual premium for the level of coverage for group health,

dental, & vision insurance selected by the Superintendent. This added basic salary shall

be reduced by an amount which is thirteen percent (13%) of the single participant

premium for that coverage. The added basic salary shall be paid as wages unless the

Superintendent executes a salary reduction agreement to direct the premium for the

group coverage selected by her to be paid through a Section 125 Plan.

In addition, except as otherwise expressly provided in this Agreement, the

Superintendent shall be entitled to the benefits applicable to twelve-month certificated

administrative employees of the ACS. If a benefit established by this Agreement is

different from a benefit provided to twelve-month certificated administrative employees

of the ACS, the benefit provided by this Agreement shall replace the benefit provided

from any other source.

(2.) CONTINUED COVERAGE OF SUPERINTENDENT & SPOUSE AFTER THESUPERINTENDENT'S RETIREMENT.

In compliance with Ind. Code 5-10-8-2.6(e) through (g), if the Superintendent has

been employed by the Board for at least five (5) calendar years at the time of her

retirement, and she is at least age fifty-five (55) at the time of her retirement, as

"retirement" is defined in this Sub-Paragraph, from the date of the Superintendent's

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retirement through the date she becomes eligible for Medicare coverage as prescribed by

42 U.S.C. §1395 et. seq., the Superintendent and her spouse shall be entitled to continue

to be covered by the group health, vision, and dental insurance provided to current

administrative employees of the Board. The Superintendent shall be responsible for

payment of the full premium for this post-retirement coverage.

"Retirement" as used in this Sub-Paragraph shall mean resignation from the

employ of the Board pursuant to this Agreement under conditions that qualify her for

unreduced retirement benefits from the Indiana State Teachers Retirement Fund.

(3.) TERM LIFE & LONG TERM DISABILITY INSURANCE COVERAGE.

As additional compensation for the Superintendent's services pursuant to this

Agreement, the Board shall pay an annual premium of Two Hundred and Seventy

Dollars ($270.00) for a term life insurance policy with a death benefit of One Hundred

and Fifty Thousand Dollars ($150,000.), and annual premium of Two Hundred and

Thirty Dollars ($230.00) for long-term disability insurance provided pursuant to the

Board's policy establishing benefits for its administrative personnel The Board's

contribution to the total premium for term life insurance and disability insurance

provided pursuant to this Sub-Paragraph shall be subject to the same proportionate

adjustment applied to group health, dental, and vision insurance coverage costs pursuant

to Sub-Paragraph 4(B)(4) immediately below this Sub-Paragraph.

(4.) CHANGES IN INSURANCE COVERAGE.

The Board agrees that it shall maintain the proportion of the premiums paid by

the Board for the insurance coverage listed in Sub-Paragraph B (1) (Group Health

Insurance), Sub-Paragraph B (3) (Term Life & Long Term Disability) to the total

premium for this coverage in future years; and the Board shall not decrease the amount

or scope of coverage provided to the Superintendent and her eligible dependents

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pursuant to this Sub-Paragraph without the written approval of the Superintendent.

The Superintendent agrees that the selection of insurance carrier(s) providing the

insurance coverage required by this Agreement shall be made by the Board.

C. BOARD ASSUMPTION OF SUPERINTENDENT'S ISTRF EMPLOYEE CONTRIBUTIONAND REPORTING OF ANNUAL COMPENSATION TO THE ISTRF.

In addition to the other compensation provided to the Superintendent by Paragraph 4 of

this Agreement, the Board shall make the "employee contribution" to the Indiana State Teachers'

Retirement Fund ("ISTRF") that would otherwise be required to be paid by the Superintendent.

All payments to the Superintendent corning within the definition of "annual

compensation" as defined in Ind.Code 5-10.2-4-3(d) shall be included in the Superintendent's

compensation reported to the Indiana State Teachers' Retirement Fund for purposes of the

calculation of the Superintendent's "average of annual compensation" as defined at Ind.Code

5-10.2-4-3(b).

D. Tax Sheltered Annuity as Deferred Compensation.

On behalf of the Superintendent, the Board shall make an annual contribution of

Nineteen Thousand Five Hundred Dollars ($19, 500.00) to a Section 403(b) tax-sheltered

annuity. However, if the Superintendent declines or fails to timely complete a salary reduction

agreement directing that her basic salary shall be reduced so that this annual Section 403(b) plan

contribution can be made, the amount for which no salary reduction agreement has been

provided shall be paid to the Superintendent in cash, less applicable withholdings, at the end of

any applicable calendar year.

E. PERFORMANCE PAY.

In each school year, the Board shall have the option to pay the Superintendent

additional annual basic salary in an amount up to Ten Thousand Dollars ($10,000.00) based

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upon the Superintendent's job performance. Authorization for payment of additional basic salary

pursuant to this Sub-Paragraph shall require an affirmative vote of a majority of the Board.

From any additional basic salary paid pursuant to this Sub-Paragraph, the

Superintendent may elect to make salary reduction contributions to a cafeteria plan, tax-

sheltered annuity arrangement, and/or a deferred compensation arrangement. One or more

legally sufficient salary reduction agreement documents shall be made available to the

Superintendent by the Board to direct salary reductions pursuant to this Sub-Paragraph to

implement the Superintendent's wishes.

F. AUTO ALLOWANCE.

The Superintendent shall not be provided with a vehicle to perform her duties as

Superintendent and she shall not claim mileage from the Board for business use of an

automobile. As compensation for her use of a personal vehicle in the performance of her duties

defined in this Agreement, the Board shall pay the Superintendent an additional annual basic

salary amount of Seven Thousand Eight Hundred Dollars ($7800.00). This amount shall be

paid to the Superintendent in approximately equal installments less applicable withholdings

with each pay check.

The Superintendent shall be responsible for maintaining any records of contemporaneous

use of her vehicle necessary for the Board to exclude this amount from the Superintendent's W-

2 taxable income. If sufficient documentation is not provided, the amount paid to the

Superintendent pursuant to this Sub-Paragraph shall be reported as a portion of her "W-2

taxable income" for the tax year.

G. BUSINESS AND PROFESSIONAL EXPENSES.

The Board shall pay or reimburse the Superintendent for appropriate business and

professional expenses. Appropriate expenses shall include the cost of institutional membership

and participation in state and national professional associations of educational administrators,

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and expenses related to the Superintendent's attendance at conferences and activities consistent

with the Superintendent's professional development. The Superintendent agrees that she shall

report to the Board on each activity, and share the information provided with the Board and its

certificated and non-certificated staff if she feels the information is worthy of a report. The

Superintendent shall submit a report to the Board summarizing these expenses during the

month of July for the school year that ended on the preceding June .30.

TECHNOLOGY ALLOWANCE.

The Board shall provide the Superintendent with a computer, and the communications

and technological resources necessary to perform her duties as Superintendent and pay the

Superintendent annual Technology Allowance of Twelve Hundred Dollars ($1 200.00).

I. Automobile Allowance.

The Board shall pay the Superintendent an annual Automobile Allowance as additional

basic salary for her use of her private automobile in traveling in the performance of her duties as

Superintendent. The annual Automobile Allowance shall be Seven Thousand Eight Hundred

Dollars ($7,800.00).

J. Board Contribution to a Section 401(a) Plan.

The Board shall contribute Eight Percent (8%) of the Superintendent's Basic Salary paid

pursuant to Sub-Paragraph 4(A) of this Agreement, plus the Group Health, Dental, & Vision

additional basic salary paid pursuant to Sub-Paragraph 4(B) of this Agreement, and the

additional basic salary paid as an Auto Allowance pursuant to Sub-Paragraph 4(F) of this

Agreement to a Section 401(a) Plan. The parties agree that unless one of the three sub-

paragraphs addressed in this Sub-paragraph is amended, the Board's contribution to a Section

401(a) plan for the Superintendent shall be Fourteen Thousand One Hundred and Eighty-

Five Dollars and Sixty Cents ($14,185.60).

5. SUPERINTENDENT'S PRINCIPAL RESIDENCE.

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Notwithstanding the right of the Superintendent established by Ind. Code 20-

28-10-13 to not be required to relocate her principal residence and reside in the service

area of the ACS, the Superintendent and Board share a belief that it is important that the

Superintendent be a taxpaying resident of the Avon Community Schools. In exchange

for the Superintendent incurring the expenses of relocation of her principal residence and

her agreement to maintain her principal residence within the Avon Community Schools

while serving as Superintendent, within thirty (30) days following the Superintendent

moving her principal residence into the ACS, the Board will pay the Superintendent

Seven Thousand Five Hundred Dollars ($7,500.00).

6. CANCELLATION OF THIS AGREEMENT BEFORE ITS EXPIRATION.

The parties agree that this Agreement may be canceled in any of the following

circumstances:

A. The parties agree in writing to cancel it;

B. The Superintendent gives written notice to the Board President no less than ninety

(90) days before the proposed effective date of her resignation;

C. After a conference with the Superintendent, the Board finds by the preponderance of

the credible evidence that the Superintendent has committed one or more acts that the

Board concludes constitute:

(1) Immorality.(2) Insubordination, which means a willful refusal to obey the state school lawsor reasonable rules adopted for the governance of the school building or theschool corporation.(3) Justifiable decrease in the number of teaching positions.(4) Incompetence, including receiving:

(A)an ineffective designation on two (2) consecutive performanceevaluations under Ind. Code 20-28-11.5; or

(B)an ineffective designation or improvement necessary rating in three(5) years of any five (5) year period.(5) Neglect of duty(6) A conviction for an offense listed in Ind. Code 20-28-5-8(c).(7) Other good or just cause.

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D. The Superintendent's license for the position for the Office of Educator License &

Development in the Indiana Department of Education is suspended or revoked.

7. DEFENSE AND INDEMNIFICATION OF THE SUPERINTENDENT FOR AC'TS INPERFORMANCE OF HER DUTIES AS SUPERINTENDENT.

The Board agrees to provide the Superintendent with legal counsel paid for by the Board

and to defend, indemnify, and hold the Superintendent harmless to the fullest extent permitted

by law for all claims, demands and judgments arising out of her good faith performance of her

duties as Superintendent. The Superintendent agrees that the Board may comply with this

Paragraph through the purchase of one or more policies of liability insurance or by providing for

payment of the costs of defense and indemnification from funds that may lawfully be expended

for that purpose. The parties agree that this provision shall not include the costs of defense in a

criminal matter.

If, while acting in good faith, the Superintendent considers that a conflict exists between

her legal position and the legal position of ACS or other defendants in the defense of a claim

arising out of her good faith performance of her duties as an employee of the ACS, the

Superintendent shall have the right to petition the Board to provide separate legal counsel. If

the Board grants the Superintendent's request, it shall indemnify her for the costs of her legal

defense, to the fullest extent permitted by Ind. Code 20-26-5-4 (17), and Ind. Code 34-13, and

successor statutes.

8. INCORPORATION OF THE ENTIRE UNDERSTANDING OF THE PARTIES, MODIFICATION,& AUTHORS OF THIS AGREEMENT.

The parties agree that each has had sufficient time to consider and understand the terms

of this Agreement and this Agreement therefore contains all the agreed terms of employment of

the Superintendent by the Board.

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The parties further agree that conduct of the parties that is inconsistent with one or

more provisions of this Agreement shall not operate to constitute a waiver or modification of

this Agreement and this Agreement will not be modified except by a written document making

specific reference to this Agreement and the specific provision to be modified. Modifications to

this Agreement shall be approved by both parties in the same manner that this Agreement was

first approved.

For purposes of application or interpretation of this Agreement, the parties agree that

each party participated equally in the preparation of this Agreement, and therefore, neither

party shall be considered to be the author of this Agreement or any provision of this Agreement.

9. REGULAR TEACHER CON1RACTS & ADDITIONAL DOCUMENTS.

If required for purposes of compliance with a state or federal statute or regulation, or a

request of the Internal Revenue Service, the Indiana Department of Revenue, the State Board of

Accounts, or the Indiana Department of Education, they will execute any documents required to

implement this Agreement. This may include one or more one-year or multi-year Regular

Teacher Agreement forms promulgated by the Superintendent of Public Instruction. The parties

further agree that to the extent that this Agreement is inconsistent with the Superintendent's

Regular Teacher Contract(s), the terms of this Agreement shall take precedence.

10. THIS AGREEMENT IS A PUBLIC RECORD.

The parties agree that this Agreement is a public record under the Indiana Access to

Public Records Act, Ind. Code 5-14-3, and Ind. Code 20-28-6-2, and shall be available for public

inspection and copying pursuant to these statutes.

11. EFFECTIVE DATE OF THIS AGREEMENT.

For the reason that the Superintendent has been performing the duties of the position of

Superintendent since her appointment to the position on March 21, 2012, the parties agree that

this Agreement shall be effective retroactive to March 21, 2012.

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attest

AGREED THIS 5 th DAY OF JUNE, 2012.

SUPERINTENDENT BOARD OF SCHOOL TRUSTEES

Dr. M garet E. Hoernemann Kimber1yt. Woodward,President

Anne L. ngelhardtSecretary

Document #2150359_v3

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