CONTRACT OF EMPLOYMENT SUPERINTENDENT OF SCHOOLS Madison, CONNECTICUT

It is hereby agreed by and between the Board of Education of the Town of Madison (herein called the Board) and Thomas R. Scarice (hereinafter called the Superintendent) that the said Board has and does hereby employ the said Thomas R. Scarice as Superintendent of Schools of the Town of Madison and that Thomas R. Scarice hereby accepts employment as Superintendent of Schools of the Town of Madison upon the terms and conditions hereinafter set forth. 1. TERM The term of said employment is for three (3) years, from May 14, 2012 through May 13, 2015. 2. BASE SALARY a. The salary of the Superintendent for the first year of this Agreement, from May 14, 2012 through May 13, 2013, shall consist of the following two (2) components: (1) cash payment of One Hundred Ninety Eight Thousand and 00/100 Dollars ($198,000); and (2) Five Thousand and 00/100 Dollars ($5,000) non-elective annuity contribution, payable by the Board at the Superintendents discretion to a district approved tax-sheltered annuity contract in accordance with section 403(b)(12)(A)(II) of the Internal Revenue Code, as amended. b. For the May 14, 2013 through May 13, 2014 year of this Agreement, the salary of the Superintendent shall be negotiated between the Board and the Superintendent prior to May 14, 2013, provided that the negotiation shall not result in a salary reduction, unless voluntarily agreed to by the Superintendent in writing. If no salary adjustment is agreed upon for the second year (May 14, 2013 to May 13, 2014) by May 14, 2013, then the salary for the second year shall remain at the rate for the immediately preceding contract year. c. For the May 14, 2014 through May 13, 2015 year of this Agreement, the salary of the Superintendent shall be negotiated between the Board and the Superintendent prior to May 14, 2014 provided that the reopener shall not result in a salary reduction, unless voluntarily agreed to by the Superintendent in writing.

If no salary adjustment is agreed upon for the third year (May 14, 2014 to May 13, 2015) by May 14, 2014 then the salary for the third year shall remain at the rate for the immediately preceding contract year. d. Adjustments in salary made during the life of this Agreement shall be in the form of a written amendment thereto and shall become part of this Agreement; provided however that by so doing it shall not be considered that the Board has entered into a new Agreement with the Superintendent, nor that the termination date of the existing Agreement has been extended. Any said adjustments shall be reduced to writing. e. The salary payments shall be made bi-weekly in equal installments, and shall be subject to withholding for the Connecticut Teachers Retirement Board contribution, all deductions required by State and federal law, and all voluntary deductions authorized by the Superintendent in writing.

3. FRINGE BENEFITS a. The Board of Education shall provide the Superintendent with twenty-five (25) vacation days annually, exclusive of legal holidays. Vacation days shall be scheduled in conjunction with the Board. The Superintendent shall be able to carry over up to five (5) accumulated vacation days from one contract year to the next contract year. The Superintendent shall have accumulated vacation time of no greater than thirty (30) days during the second year of this Agreement (the sum of the twenty-five (25) days allotted for the current contract year plus a maximum of five (5) carry over days from the first year of this Agreement). In the third year of the Agreement ( May 14, 2014 through May 13, 2015), the Board shall provide the Superintendent with twenty-eight (28) annual vacation days, exclusive of legal holidays. The Superintendent shall be able to carry over up to eight (8) accumulated vacation days from the prior contract year. The Superintendent shall have accumulated vacation time of no greater than thirty-six (36) days during the third year of this Agreement. The daily rate of pay, for the purpose of vacation leave payout at time of retirement or separation from Madison Public Schools, shall be based upon the number of full year working days (i.e. 261 days).

b. The Board agrees to grant the Superintendent the following holidays during the work year: Labor Day Thanksgiving Day Day After Thanksgiving Day Christmas Eve Day Christmas Day New Years Eve Day New Years Eve Martin Luther King Day Presidents Day Good Friday Memorial Day Independence Day c. The Board shall provide the Superintendent with eighteen (18) days sick leave with full pay in each year of this Agreement; except, however, that the Board shall provide the Superintendent with thirty (30) sick days effective the first year only of this Agreement. Unused sick time may accumulate from year to year up to an accumulative maximum of ninety (90) days. It is understood that upon retirement or separation from the Madison Public Schools the Superintendents unused annual and accumulated sick days will be forfeited. d. The Board shall provide the Superintendent with personal or bereavement leave with full pay up to five (5) days in each year of the contract. Whenever it is reasonably possible to do so, the Superintendent shall give the Board advance written notice of his intention to take personal leave. e. The Board shall provide medical and dental insurance for the Superintendent and the dependent members of his immediate family during the term of this Agreement which shall be the same insurance as that provided for the Association of Madison Administrators (AMA) and on the same terms as are provided for the AMA. Upon the end of his employment as Superintendent by reason of retirement as Superintendent of Madison Public Schools or death, the Superintendent, or on his demise, his spouse and dependents, may continue health and dental insurance programs offered by the Board until the Superintendent and/or his spouse reach the age of sixty-five (65). The premiums of such coverage shall be borne by the Superintendent or his spouse by reimbursement of such cost to the Board. f. The Board shall provide a long-term disability insurance policy for the Superintendent during the term of this Agreement. The policy provides for a
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payment per month of 60% of base salary with a maximum not to exceed regular policy limits, whichever is less, after ninety (90) calendar days of absence. g. The Board shall provide term life insurance for the Superintendent in the amount of Five-Hundred Thousand and 00/100 Dollars ($500,000) during the term of this Agreement. h. The Board shall, subject to annual budget allocation, pay the full cost of the Superintendent maintaining professional association memberships in the Connecticut Association of Public School Superintendents (CAPSS), the American Association of School Administrators (AASA), the American Association of School Personnel Administrators (AASPA), the New England Association of School Superintendents (NEASS) and the Local Madison Rotary Club; and other similar memberships with prior written approval of the Board and subject to annual budget allocation. i. The Board encourages the Superintendent to continue his professional development and expects him to participate in relevant learning experiences at the local, state and national level. The Board shall provide reasonable reimbursement of actual expenses in order for the Superintendent to attend professional meetings at the local and State level that will serve to enhance his effectiveness as Superintendent, subject to the amount specified in each operating budget year of the Agreement for professional memberships, dues, publications and attendance at professional meetings. j. The Board shall provide the Superintendent an annual allowance of Seven Thousand and 00/100 Dollars ($7,000) for all automobile expenses related to the performance of his position.

k. The Board shall provide the Superintendent with all business supplies necessary for the conduct of his position; including a smart phone, data service plan and a computer. l. The Board shall maintain a Section 125 salary agreement to facilitate exclusion from taxable income of the Superintendents cost-share for medical and dental insurance.

m. The Board shall provide the Superintendent with the option of participating in the Madison Public Schools Flexible Spending Plan (FSA) to facilitate excluding a portion of his salary from taxable income for medical expenses and/or dependent care expenses. The annual circumstances and amount of monies eligible for optional tax exclusion are subject to the provisions of the Internal Revenue Services (IRS) regulations on Flexible Spending Plans.
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n. The Superintendent shall have a comprehensive medical examination annually by a licensed physician. The Superintendent hereby authorizes his physician to provide the Board Chair with a statement certifying to the physical competence of the Superintendent to perform his full duties and, furthermore, agrees that such statement shall be filed in his medical records file and maintained as confidential in accordance with the Boards standard operating procedure regarding employee medical records, but with the exception that in the event of such physician concluding that the Superintendent is not physically fit to perform the essential duties of his position, such conclusion and supporting information may be shared with the Board as a whole in confidence, subject only to disclosure as may be required by the Connecticut Freedom of Information Act; Connecticut General Statutes Section 1-200, et. seq. The Superintendent shall submit the cost of said medical examination and reports through this medical insurance. The first said examination and statement shall be provided between June 1, 2012 and August 1, 2012. 4. DUTIES The Superintendent of Schools is the chief executive officer of the Madison Public Schools. In harmony with the policies of the Board of Education and the laws of the State of Connecticut, the Superintendent has the executive authority over the school system and the responsibility for its supervision. He has the general authority to act at his discretion, subject to later approval by the Board, upon emergency matters and those which his powers and duties are not expressly limited or are not particularly set forth. He advises the Board on policy and plans that the Board takes under consideration, and he takes the initiative in presenting to the Board policy and planning issues for the Boards attention. The Superintendent, or his designee, shall attend all meetings of the full Board and Board sub-committee meetings and shall participate in all Board deliberations, except when matters relating to his own employment are under consideration, which situations shall be controlled by the provisions of the Connecticut Freedom of Information Act, Connecticut General Statutes, Section 1-200, et. seq. It is understood that the Superintendent, during the term of his employment, will not be engaged in other compensable activities, professional or otherwise, which would conflict with the performance of his duties as Superintendent of the Madison Public Schools. Before accepting any other paid employment, the Superintendent will review with the Board all details of such employment and receive the Boards permission to undertake such employment.

5. STATUTORY COMPLIANCE The Superintendent shall, at all times during the life of this Agreement, (1) hold a valid and appropriate Certificate to act as Superintendent of Schools issued by the State of Connecticut, as set forth in Connecticut General Statutes Section 10-157; and (2) be subject to the criminal history records check provisions as set forth in Connecticut General Statutes, Section 10-221d. 6. EVALUATION The Board shall evaluate, in writing, the performance of the Superintendent in May each year, during the term of this Agreement. The evaluation will be conducted by means of a system and format of evaluation used or recommended by the Connecticut Association of Boards of Education. In the event the Board determines that the performance of the Superintendent is unsatisfactory in any respect, it shall describe, in writing, the reasons supporting its determination. A copy of the written evaluation shall be delivered to and discussed with the Superintendent, who shall have a right to make a written response to the evaluation. Except to the extent required by law, the Boards evaluation and the Superintendents response shall be private and in no manner become public knowledge. 7. TERMINATION This Contract of Employment, and the Superintendents employment with Madison Public Schools, shall terminate, under any of the following circumstances: a. The parties may, by mutual consent, terminate this contract and employment at any time. b. The Board may terminate this contract and employment during its term for one or more of the following reasons: (1) (2) (3) (4) (5) Incompetence Insubordination against reasonable rules of the Board Moral misconduct Disability as shown by competent medical documentation For other due and sufficient cause

In such event, the Board shall serve on the Superintendent, by certified or registered mail, written notice that termination of his contract is under consideration. A written statement of reasons for consideration of termination shall accompany such notice. Within fifteen (15) days after receipt of such written notice, the Superintendent may file with the Board a written request for a hearing before the Board, which hearing shall be held within twenty (20) days after receipt of such
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request. The Board shall render its decision within fifteen (15) days of such hearing and shall send a copy of its decision setting forth the reasons and evidence relied on to the Superintendent. The Boards decision shall be based upon evidence presented at the hearing. Such hearing may be in executive session or public session, at the option of the Superintendent. The Superintendent shall have the right to his own counsel at such hearing at his own expense. Any time limits established herein may be waived by mutual agreement of the parties. c. The Superintendent may terminate this contract and employment provided he has given at least four (4) months written notice to the Board. d. The Contract and employment shall terminate upon expiration of the Term of this Contract, close of business May 13, 2015, absent renewal.

e. The Board must notify the Superintendent, in writing in April 2015, as to their intentions regarding contractual renewal. If the Board intends to renew the Superintendents contract, negotiations will begin in a timely fashion so as to permit commencement of a new contract term on or before May 13, 2015. This clause is subject to the right of either party to terminate such negotiations without any obligation to enter any contract at any time upon sixty (60) days notice to the other party. After the end of the first full year of this Agreement, in June 2013, the Board, at the Superintendents request, may vote a new three year agreement, but shall be under no obligation to do so. Each party shall bear its own attorney fees. 8. ARBITRATION Any claims, disputes or controversies arising out of or relating to this Agreement between the Board and the Superintendent, up to and including termination of the employment relationship, shall be settled exclusively by final and binding arbitration before a neutral arbitrator chosen in accordance with the employment rules of the American Arbitration Association. The cost of such arbitration shall be borne equally by both parties. 9. GENERAL PROVISIONS a. This contract contains the entire Agreement by and between the Board and the Superintendent. It may not be amended orally but may be amended by an agreement in writing, signed by both parties which amendment shall thereafter be attached to this document. b. If any part of this Agreement is invalid, such invalidity shall not affect the remainder which remainder shall be binding upon the parties.

IN WITNESS WHEREOF, the undersigned have executed this Agreement on the day and year set forth below.

__________ Date

__________________________________ Thomas R. Scarice Superintendent of Schools

__________ Date

__________________________________ Debra Frey, Chairperson Madison Board of Education

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