EMPLOYMENT CONTRACT

BETWEEN
ALEXA CUNNINGHAM
AND
THE BOARD OF EDUCATION OF
SALT LAKE CITY SCHOOL DISTRICT

This Employment Contract (“Contract”) made and entered into this 7th day of August, 2018, by
and between the Board of Education of Salt Lake City School District (“the Board”), a public
corporation and legal subdivision of the State of Utah, and Dr. Alexa Cunningham (“the
Superintendent”).

1. TERM

The Board hereby appoints and the Superintendent hereby accepts employment as the
Superintendent of the District for a term of two years commencing July 1, 2018, and
ending June 30, 2020.

2. PROFESSIONAL LICENSE AND RESPONSIBILITIES OF

THE SUPERINTENDENT

The Superintendent shall faithfully perform the services prescribed by the Board, whether
such services are specifically described in this agreement, or in a letter of directive voted
by the Board and signed by the Board President, and abide by the policies, rules, and
regulations established by the Board, the Utah State Board of Education, and the Utah
State Legislature.

A. License. The Superintendent shall hold a valid Administrative License issued by

the State of Utah.

B. Duties of the Superintendent. Subject to the direction of the Board, the

Superintendent shall:
(1) be the chief executive officer of and report to the Board;
(2) have charge of the administration of the schools; implement Board Policy,
promote the vision and mission of the District; encourage student
achievement and positive student behaviors, and perform other reasonable
tasks as assigned by the Board;
(3) select employees, direct and assign teachers and other employees of the
District under her supervision;
(4) organize, reorganize and arrange the administrative and supervisory staff,
including instruction and business affairs, as best serves the District, subject
to the approval of the Board;
(5) from time to time, suggest policies, rules and procedures deemed necessary
for the well-being and order of the District; and
 (6) in general, perform all duties incident to the office of the Superintendent and
such other duties as prescribed by the Board.
The Board, individually and collectively, shall promptly refer all criticism,
complaints, and suggestions called to its attention to the Superintendent for study
and recommendation.
The Superintendent shall have the right to attend all Board meetings and all Board
and citizen committee meetings, serve as an ex-officio member of all Board
committees, and provide administrative recommendation on each item of business
considered by each of these groups.

C. Outside Activities. The Superintendent shall devote her time, attention, and
energy to the supervision and administration of the District. However, on her own
time, she may serve as a consultant to other districts or educational agencies,
lecture, and engage in other activities of a short-term duration at her discretion.
The Superintendent shall be solely responsible for any expenses attendant to the
performance of such outside activities.

D. Professional Growth of the Superintendent. The Board encourages the

continuing professional growth of the Superintendent through her participation,
as she might decide in light of her responsibilities, in the following:

(1) operations, programs, and other activities conducted or sponsored by local,

state, and national school administrator and school boards association;
(2) seminars and courses offered by public or private educational institutions;
and
(3) informational meetings with other persons whose particular skills or
backgrounds would serve to improve the capacity of the Superintendent to
perform her professional responsibilities for the Board.

3. COMPENSATION

A. Salary. The Superintendent shall be paid an annual salary of $202,044. This

amount shall increase each year beginning July 1, 2018, by the amount of any cost
of living increase received by other administrators. The Board and the
Superintendent may mutually agree to adjust the salary of the Superintendent
during the term of this Contract, but in no event shall the Superintendent be paid
less than the initial salary above. Other than the cost of living increases, any
adjustment in salary made during the life of this Contract shall be in the form of a
written amendment signed by both parties and shall become part of this Contract,
but it shall not be deemed that the Board and the Superintendent have entered into
a new Contract or that the termination date of this Contract has been extended.

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 B. Benefits.

(1) Leave and Other Benefits. The Superintendent shall be entitled to 20 days
of vacation each fiscal year. The Superintendent may be paid for up to (10)
days of unused vacation with prior approval from the Board President. Any
additional unused vacation days will not accrue to the next fiscal year. The
Superintendent shall be entitled to five (5) paid personal leave days each
fiscal year. The Superintendent shall be entitled to the same medical and
dental insurance benefits provided to the Board. The Superintendent shall
also be entitled to all other benefits received by 12-month administrators
including disability and life insurance, sick leave and wellness incentives,
longevity pay, retirement, and all other insurance and benefits.

(2) Early Retirement Benefits. Upon leaving the District, the Superintendent
may choose to receive the District’s early retirement benefit until the
Superintendent is eligible for unreduced social security benefits. The
District shall contribute an equal amount of insurance premium as is
contributed towards active 12-month administrators. The Superintendent
shall contribute any insurance premium balance. In the event of the
Superintendent’s death prior to reaching the age of unreduced social security
benefits, her surviving spouse and legal dependents shall be eligible for this
District-paid health insurance benefit until the date when the Superintendent
would have reached the age of unreduced social security benefits.

(3) Travel Expenses. Travel expenses, incurred by the Superintendent in the

continuing performance of her duties, will be reimbursed in accordance with
the same policies and procedures applicable to other district administrators,
and must be approved by the Board.

(4) Professional Development Allowance. The District will reimburse the

Superintendent’s reasonable expenses incurred in connection with the
Superintendent’s professional growth and development.

(5) Performance Bonus. On or before July 1, 2019, the Board will consider
whether to provide the Superintendent with a performance bonus to be paid
on or before June 30, 2020. Any such performance bonus, if any, would be
measured by the accomplishment of goals set by the Board, in its sole
discretion.

4. EVALUATION

The Board shall evaluate and assess the performance of the Superintendent in closed
session at least once a year during the term of this Contract. Those in attendance at the
closed meeting during this evaluation will be the Superintendent and the members of the
Board. The Board may conduct other evaluations and assessments as it deems

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 appropriate. The Superintendent shall be given notice of such evaluations or
assessments.

5. NOTICE REGARDING REAPPOINTMENT

This Contract does not include any provision for the Superintendent’s automatic
reappointment beyond June 30, 2020. However, if it is the Board’s intent not to reappoint
the Superintendent for a two-year term beginning July 1, 2020, then the Board must
notify the Superintendent in writing of that decision no later than January 31, 2020.
Should the Board decide not to reappoint the Superintendent and fail to notify her in
writing of that action by January 31, 2020, then the Board will provide a one-time
separation payment after June 30, 2020, and before July 31, 2020, equivalent to five (5)
months’ salary.

6. TERMINATION OF CONTRACT

This employment Contract may be terminated under the following circumstances:

A. By Mutual Agreement of the Parties.

B. Retirement of the Superintendent.

C. Disability of the Superintendent. In the event of disability wherein the

Superintendent is unable to perform the essential functions of her job, even with
accommodation, the Board may terminate this Contract by written notice to the
Superintendent at any time after the Superintendent has exhausted any accumulated
sick leave and such other leave as may be available, and has been absent from her
employment for whatever cause for an additional continuous period of fifteen (15)
days. All obligations of the Board shall cease upon such termination.
If a question exists concerning the capacity of the Superintendent to return to or
perform her duties, the Board may require the Superintendent to submit to a
medical or mental examination to be performed by a licensed professional. The
Board shall appoint the professional who shall conduct the examination and shall
pay for all expenses related to the examination. The professional shall submit a
report to the Board, which shall be limited to the issue of whether the
Superintendent has a continuing disability that prohibits her from performing her
duties.

D. For Cause. The Board shall have the right to terminate this Contract only for cause
and after a 2/3 majority vote of the Board with written notice to the Superintendent.
The cause termination may only be for one or more of the following that occurs
during the Contract term:
(1) the Superintendent’s conviction of a felony under Utah’s criminal code, or
any crime or offense involving misuse or misappropriation of money or
other property; or

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 (2) the Superintendent’s failure or refusal to perform specific written directives
of the Board, which directives are consistent with Board policy, District
policy, and applicable law, and are within the scope and nature of the
Superintendent’s duties and responsibilities, which failure is not remedied
by the Superintendent within 30 days after notice; or

(3) the improper or unlawful physical contact with students; or

(4) the unlawful conduct which is harmful to students and which is of such a
negative nature that it warrants termination; or

(5) failure to obtain or maintain an administrative certificate.

The Superintendent has the right to due process, including being provided with
written reasons for the termination. The termination will be effective 30 days
after the Superintendent receives the written notice, in person or by certified mail,
unless she appeals the termination. With a 2/3 majority vote the Board may
suspend the Superintendent with pay during the 30-day period. The
Superintendent has the right to notice of hearing and a fair and impartial hearing
before the Board during the 30-day period. At any hearing before the Board, the
Superintendent shall have the right to be present and to be heard, to be
represented by counsel at her expense and to present through witnesses any
testimony and evidence relevant to the issue.
In the event of termination for cause, the Superintendent shall have no further
rights of any kind under this Contract, except those provided by state and federal
laws. Nothing in this Contract shall be deemed to limit any other rights and
remedies the Board or District or the Superintendent may have as established by
the laws of the State of Utah, regulations of the State Board of Education, and
District policy.

E. Resignation. If the Superintendent no longer believes she can give effective

leadership to the District, she may elect to terminate the Contract upon 180 days’
written notice.

F. Death of the Superintendent. In the event of the death of the Superintendent, her
heirs shall be paid all accumulated earnings including vacation and death benefits
provided all other 12-month employees.

7. COMMITMENT TO CONTRACT

The Superintendent shall not seek another position without giving notification to the
Board and shall serve her full appointment term unless formally released by the Board.

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8. SAVINGS CLAUSE

If, during the term of this Contract, it is found that a specific clause of the Contract is in
violation of federal or state law, the remainder of the Contract, not affected by such
ruling, shall remain in full force and effect.

9. MERGER, GOVERNING LAW, AND AMENDMENT

All oral representations are merged into this Contract and it becomes the final agreement
between the parties. This Contract shall be subject to the laws of the State of Utah and
shall remain in full force and effect until modified in writing by mutual consent of the
Board and the Superintendent.

The Board approved this Contract at a properly noticed public meeting of the Board held on
August 7, 2018. In witness thereof, the parties indicated their agreement to the above terms by
affixing their signatures below.

THE BOARD OF EDUCATION OF

THE SUPERINTENDENT SALT LAKE CITY SCHOOL DISTRICT

______________________________ ______________________________
Dr. Alexa Cunningham Heather Bennett, Board President

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