County School Board Approves 4-Year Contract For New Superintendent Dr. Justin Robertson

  • Monday, December 20, 2021

The County School Board on Monday afternoon approved a four-year contract for new superintendent Dr. Justin Robertson.

There will be a base salary of $225,000, but an opportunity to earn more by meeting certain goals.

Dr. Robertson, a veteran of the County School system, was selected after Dr. Bryan Johnson announced he was leaving for the private sector.

Here is the contract:

This Contract is entered into this 16th day of December, 2021, by and between the  Hamilton County Board of Education, hereinafter called the “BOARD,” and Dr.

Justin Robertson,  hereinafter called the “DIRECTOR.” This Contract replaces and supersedes any employment  relationship between the DIRECTOR and the Hamilton County Schools prior to this date.  

The BOARD and the DIRECTOR, for the consideration herein specified, agree as follows:  

1. TERM OF CONTRACT. The BOARD hereby employs the DIRECTOR as  DIRECTOR of the HAMILTON COUNTY SCHOOLS for a period commencing  on the 1st day of January 2022 and ending on the 31st day of December 2025.  

2. PROFESSIONAL CERTIFICATION. Throughout the term of this Contract, the  DIRECTOR shall keep and maintain any and all necessary certification required by  the State of Tennessee for directors of schools and shall file any such certification  with the BOARD chairman.  

3. DUTIES.  

a) The DIRECTOR shall perform those duties specified in the Tennessee Code  Annotated as well as those duties listed in the DIRECTOR’S job description  as adopted by the BOARD and as may be amended from time to time  

during the term of this Contract. These duties are adopted by reference as if  fully stated herein.  

b) The DIRECTOR shall devote full-time attention, knowledge, skills and  energies to the business and interests of the BOARD and the HAMILTON  COUNTY SCHOOLS as are necessary to perform the above-referenced job  duties. These duties will generally be performed during normal business  

hours, but it is expressly agreed that the duties of this position will require  the DIRECTOR to work during time other than normal business hours and  may, from time to time, require travel in and out of the County. 

c) No later than September 1, 2022, and each subsequent September 1 during  the term of this Contract, the DIRECTOR shall develop a proposed strategic  plan for the upcoming school year for the BOARD’S review and  

consideration. By October 1 of each such year, the BOARD shall review  the DIRECTOR’S proposal and shall develop and adopt a Strategic Plan for  the Hamilton County Schools containing specific goals and objectives that  the DIRECTOR will pursue with all diligence.  

4. COMPENSATION.  

a) ANNUAL BASE SALARY. Beginning on January 1, 2022, the BOARD  shall pay the DIRECTOR a starting annual salary in the amount of Two  Hundred Twenty-Five Thousand Dollars ($225,000.00) in twelve (12) equal  monthly installments in accordance with BOARD policy. In no event shall  the DIRECTOR be paid less than the starting annual salary set forth in this  section of the Contract.  

b) DEFERRED COMPENSATION. At the end of each year of this Contract  that the DIRECTOR remains employed by the BOARD, the BOARD will  contribute Three Percent (3.0%) of the DIRECTOR’s taxable compensation  to a retirement plan for the benefit of the DIRECTOR.  

c) PERFORMANCE-BASED COMPENSATION.  

i. As set forth in Section 4.c) ii. below, the BOARD shall compensate  the DIRECTOR for achieving any of these system-wide  

performance metrics:  

1. Five Thousand Dollars ($5,000.00) when at least half of  

all third-grade students are on-track or achieve mastery  

as measured by the TNReady English Language Arts  

assessment;  

2. Five Thousand Dollars ($5,000.00) when Thirty-Eight  

Percent (38%) of all students across all grades are on  

track in Algebra I; 

3. Five Thousand Dollars ($5,000.00) when the average ACT  

composite for the class of 2023 is 21; 

4. Five Thousand Dollars ($5,000.00) if 90% of students who  

entered high school in the 2019 cohort graduate by  

Summer 2023; and 

5. Five Thousand Dollars ($5,000.00) if the Hamilton County  

Schools maintain at least a Level 4 TVAAS score. 

ii. The compensation set forth in Section 4.c) i above will be treated as  either a raise to the Director’s annual base salary or a cash bonus  

depending upon the following:  

1. If in the preceding 12 months the Board has raised the  

teachers’ salaries by a percentage that, if it were applied to  

the DIRECTOR, would meet or exceed the compensation set  

forth above, then the compensation will be treated as a raise  

to the DIRECTOR’s base salary; but  

2. To the extent that any such compensation does not meet or  

exceed whatever raise the Board has provided to the  

teachers, then any such compensation will be paid to the  

DIRECTOR as a one-time cash bonus.  

iii. The compensation set forth in Section 4.c) i. ¶¶ 1-4 above may be  earned only once even if the conditions were to be repeated.  

iv. The BOARD and the DIRECTOR agree that, in the event the  Tennessee Department of Education should remove any schools  

from the jurisdiction of the BOARD and any such removal should  impact the scores of the HAMILTON COUNTY SCHOOLS, then  the raises set forth in this Section 4.c) shall be calculated to remove  the impact of this removal.  

d) PERIODIC REVIEW: From time to time, the BOARD, in its sole  discretion, may choose to increase the DIRECTOR’s annual base salary.  

5. BENEFITS. Except as provided in this Contract, the BOARD will provide the  DIRECTOR with the same benefits granted to other HAMILTON COUNTY  SCHOOLS licensed employees, including holidays, medical, life, and disability  insurance.  

6. PROFESSIONAL LIABILITY. The BOARD shall maintain liability insurance  covering alleged wrongful acts and omissions of the DIRECTOR in the scope of  his employment with the BOARD. The BOARD shall, to the extent permitted by  law, directly or through insurance, defend the DIRECTOR, bear defense costs, and  indemnify and hold the DIRECTOR harmless on demands, claims, suits, and legal  proceedings brought by third parties against the DIRECTOR in his official capacity  as agent and employee of the BOARD, except that this obligation of the BOARD  shall not exist with respect to violations of criminal law, intentional torts, improper  personal gain, or willful misconduct, and in no event will individual BOARD  members be considered liable for indemnifying the DIRECTOR against such  demands, claims, suits, and legal proceeding. 

7. PROFESSIONAL GROWTH. The DIRECTOR is encouraged and expected to  participate in professional growth and development activities, including  maintaining membership in professional organizations, including the Tennessee  Association of School Administrators and the American Association of School  Administrators, and attending professional conferences at the local, state, and  national levels. As a result, the BOARD shall pay the membership dues for such  professional organizations and shall pay for the DIRECTOR to attend the  professional meetings approved by the BOARD, including the actual and necessary  expenses of said attendance (not paid by the State Department of Education) in  accordance with BOARD policy.  

8. WORK YEAR AND LEAVE.  

a) Pursuant to Section 3.b) above, it is understood and agreed that the  DIRECTOR will devote however much time may be necessary to  accomplish his duties. The BOARD expects the DIRECTOR to maintain  appropriate office hours during the two hundred sixty (260) day work year  and to be accessible and responsive at all other times.  

b) The DIRECTOR shall accrue two-and-a-half days of vacation per month up  to the limit established by the BOARD’s policy. At the end of each year of  this Contract, the DIRECTOR, at his option, may be paid for up to ten (10)  days of unused vacation leave at the per diem annual salary rate then in  effect. Vacation time should be avoided at the beginning and end of the  school year.  

c) The DIRECTOR may accumulate and use personal leave days in  accordance with state law and the BOARD’s policy.  

d) The DIRECTOR shall be granted one (1) day of sick leave for each month  of employment. The DIRECTOR may accumulate unused sick leave days.  Any unused sick leave days may be used for retirement credit in accordance  with the policies of the Tennessee Consolidated Retirement System. The  DIRECTOR may carryover any accumulated sick leave from his previous  district pursuant to state law. 

9. EXPENSES.  

a) The BOARD will pay the DIRECTOR an automobile allowance in the  amount of One Thousand Dollars ($1,000.00) per month for any travel  within Hamilton County. Subject to the terms of BOARD policy, the  BOARD will reimburse the DIRECTOR those actual expenses necessitated  by travel outside of Hamilton County in the performance of his official  duties. 

b) The BOARD will provide the DIRECTOR the technology necessary to  carry out the duties of the Director, including a laptop, home  

printer/fax/scanner, a smart phone, tablet or similar device, and any monthly  charges associated with the use of such technology. Proper documentation  and purchase orders are required for payment of reimbursement of  expenses.  

c) The BOARD recognizes that it is critical to the HAMILTON COUNTY  SCHOOLS for the DIRECTOR to be involved in civic organizations. As a  result, the BOARD will pay the DIRECTOR’S membership fees in up to  three (3) civic organizations of his choice.  

d) The BOARD shall reimburse the DIRECTOR for reasonable and necessary  expenses incurred by the DIRECTOR in the course of HAMILTON  COUNTY SCHOOLS’ business.  

10. PERFORMANCE EVALUATION.  

a) Annually, and no later than the 30th day of August each calendar year  during the term of this Contract, the BOARD shall evaluate the  

DIRECTOR’S performance as DIRECTOR of the HAMILTON COUNTY  SCHOOLS.  

i. In conducting this evaluation, the BOARD shall use the evaluation  format pursuant to section 10.b) below and shall include: a review of  the DIRECTOR’S progress toward goals established by the BOARD  pursuant to sections 3.c) above; the working relationships between  the DIRECTOR and the BOARD, the staff, the students and the  

community at large; and any other matter relative to the duties of the  DIRECTOR pursuant to section 3.a) of this Contract.  

ii. Prior to this evaluation, the DIRECTOR shall provide the BOARD a  written self-appraisal using the evaluation format pursuant to section  10.b) below and the BOARD shall consider the DIRECTOR’S self appraisal in conducting the review of the DIRECTOR.  

iii. The BOARD shall provide the DIRECTOR with a written copy of  its evaluation. The DIRECTOR shall have the right to make a  

written response to the evaluation, which shall be attached to the  

BOARD’S written evaluation.    

b) The BOARD and the DIRECTOR will endeavor to agree upon the  evaluation format no later than October 31st of the preceding year. In the  event that the BOARD and the DIRECTOR cannot agree, the BOARD may  develop the format and inform the DIRECTOR. 

11. BOARD/DIRECTOR RELATIONSHIPS/COMMUNICATIONS.  

a) The BOARD and the DIRECTOR agree that they shall work with each other  in the spirit of cooperation and teamwork and shall provide each other  periodic opportunity to discuss BOARD/DIRECTOR relationships and  communications.  

b) The DIRECTOR acknowledges the BOARD’S role to govern the  HAMILTON COUNTY SCHOOLS as the elected representatives of the  citizens of Hamilton County. Accordingly, pursuant to Board Policy No.  5.101, the DIRECTOR agrees to discuss any significant changes in the  operation or structure of the administration of the HAMILTON COUNTY  SCHOOLS with the BOARD prior to implementing any such changes.  

c) The BOARD agrees that individual BOARD members will not give  direction to the DIRECTOR or any employee of the HAMILTON COUNTY  SCHOOLS regarding the management of the HAMILTON COUNTY  SCHOOLS or the solution of specific problems and that they shall refer all  personnel complaints or other communications concerning the  

administration of the HAMILTON COUNTY SCHOOLS to the DIRECTOR  for investigation and report to the BOARD.  

d) The BOARD, collectively or by its individual members, shall promptly refer  to the DIRECTOR all criticisms, complaints and suggestions called to their  attention relative to DIRECTOR’S performance of his duties of the  operation of the HAMILTON COUNTY SCHOOLS for the DIRECTOR’S  study and recommendation.  

12. PROFESSIONAL ACTIVITIES. The DIRECTOR may engage in professional  activities, including speaking and writing, with or without compensation, provided  that doing so does not detract from the duties of his employment.  

13. CONTRACT TERMINATION.  

a) Mutual Agreement, Retirement or Death. This Contract may be terminated by  the mutual agreement of the parties or by the retirement or death of the  DIRECTOR.  

b) For Cause. This Contract may be terminated by the BOARD for cause in  accordance with the provisions of Title 49, Chapter 2, Part 2 or Chapter 5, Part  5 of the Tennessee Code Annotated. If the BOARD terminates this Contract for  cause, the DIRECTOR will be entitled to no further benefits or compensation  except any accrued and unpaid benefits and expenses at the time of termination  of this Contract. 

c) Removal from Office. This Contract shall be terminated if the State Board of  Education, in accordance with the provisions of Title 49, Chapter 1 of the  

Tennessee Code Annotated as enacted or hereafter amended, orders the removal  of the DIRECTOR. If such removal is ordered, the DIRECTOR shall be  

entitled to no further benefits or compensation except any accrued and unpaid  benefits and expenses at the time of termination of this Contract.  

d) Disability. The BOARD may terminate this Contract for disability of the  DIRECTOR. Disability shall mean that the DIRECTOR is unable to perform  the essential functions of his position because of disability, as defined by the  Americans with Disability Act, with or without reasonable accommodations for  an aggregate of one hundred twenty (120) days within any one hundred eighty  (180) consecutive days during the term of this Contract. If this Contract is  terminated for disability, the Board shall pay the DIRECTOR any accrued and  unpaid benefits as of the date of the termination of this Contract.  

14. AMENDMENTS. Any modifications to this contract shall be made by mutual  agreement of both parties and only in writing. Neither party shall be bound by any  oral representation concerning modification of this contract.  

15. ENTIRE AGREEMENT. This Contract constitutes the entire agreement between  the parties and the parties hereto acknowledge that neither has relied upon any oral  representation of any agreements by the other and that no such oral representations  or agreements shall in any way affect the terms of this agreement and that this  agreement may not be modified or changed except by written instrument executed  by the parties.  

16. NEPOTISM. The DIRECTOR will not hire immediate family members in  administrative roles.  

Made and executed by the parties on this date: _____________________________  

 _________________________________ _______________________________  Dr. Justin Robertson, Tucker McClendon, Chairman,  Director of Hamilton County Schools Hamilton County Board of Education   

 ________________________________ _______________________________   Date


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