OZARK, MO — Ozark patrons are being robbed. That’s the only way to put it. They are paying an exorbitant salary to Dr. Frank C. Bauman (aka Chris) who resigned June 30 but still gets paid through Dec. 31.
How many of us get paid full tilt salary and benefits after leaving a job?
I see that hand in the back of the classroom. “Yes, Suzie, what’s your question?”
“Why is the superintendent guy getting all that money if he ain’t working no more?”
“Isn’t working any more, Suzie.”
“That’s what I said.”
“Not exactly, but here’s the answer. The school board wants him to complete his year on salary so he can retire with 30 years in the school district and get the biggest possible retirement package.”
“I got a package at Christmas.”
“Well, Suzie, Dr. Bauman’s package is different. It’s paid to him all year long, not just at Christmas.”
Here’s the contract signed ONLY by School Board President Sarah Adams-Orr and Dr. Frank C. (Chris) Bauman, who was more than eager to sign it and get his full scale salary and benefits.
Read it and you’ll see…
CONTRACT TO SERVE AS SUPERINTENDENT OF SCHOOLS
OZARK R-VI SCHOOL DISTRICT
OZARK MO 65721
This Contract is entered into on January 19, 2023, between the Board of Education of the Ozark R-VI School District (“Board” or “District”) and Dr. Frank C. Bauman (“Superintendent”).
1. TERM. The District agrees to employ Superintendent, and Superintendent agrees to accept such employment as Superintendent of the District’s schools, during the 2023-2024, 2024-2025, and 2025-2026 school years for a term of thirty-six (36) months, subject to the terms of this Contract.
2. SUPERINTENDENT’S DUTIES. The Superintendent shall at all times during the term of this Contract possess a valid certificate enabling him or her to serve as a superintendent of schools in the state of Missouri.
The Superintendent shall have responsibility for the administration of the schools of the District under the direction of the Board, and shall act as chief executive officer of the District. As such, he or she shall be directly responsible for the selection, direction and assignment of the administrative staff, teachers and other employees in the manner which most efficiently and effectively accomplishes the educational mission of the district, and for making recommendations concerning the annual budget and for administering the budget adopted by the Board. The Superintendent shall provide for compliance with applicable laws and regulations relating to public schools in the state of Missouri, and shall perform his or her duties and supervise the employees and students of the District in a manner consistent with such laws and regulations.
The Superintendent shall administer, enforce, and comply with Board policies, the rules, regulations and procedures of the District, shall recommend necessary additions or changes, and shall perform other administrative duties that are incidental to the position of superintendent or that may be assigned by the Board.
3. PROFESSIONAL DEVELOPMENT. The Superintendent may become a member of the Missouri Association of School Administrators, including the local district organization, the American Association of School Administrators, at District expense, and Missouri Association of School Business Officials, and may attend educational programs offered through such organizations at District expense. The Superintendent may become a member of such other organizations as he or she may deem appropriate at District expense if approved by the Board. Unless directed otherwise by the Board, the Superintendent may participate in any other educational program at district expense within amounts budgeted for such purposes if, in his or her discretion, such participation is in the best interest of the District. The annual budget submitted by the Superintendent shall include amounts necessary for purposes of this paragraph.
4. COMPENSATION. The salary payable to the Superintendent under this Contract for the school years included herein shall be not less than Two Hundred Seven Thousand Three Hundred Sixty-Four Dollars ($207,364.00) per year as per the current salary scale or the amount reflected on the salary schedule adopted by the Board as of June 30. Salary shall be payable in equal installments on a monthly basis and subject to all deductions required by law.
Notwithstanding this provision or any other provision of this Contract, in return for the Superintendent’s relinquishment of the previously existing contractual right to receive an annuity not to exceed $10,000 during each year of employment with the District, as such right existed in June 2021 and going forward, the Board agrees to add $10,000 annually to the salary reflected on the salary schedule adopted by the Board as of June 30 in each school year.
5. EVALUATION. The Board of Education shall devote a portion or all of one meeting, at least annually, to a discussion with the Superintendent of an evaluation of his or her performance under the applicable guidelines for performance-based evaluation available through the Department of Elementary and Secondary Education, or under another evaluation method agreed upon by the Superintendent and the Board.
6. BENEFITS. The Superintendent shall be entitled to all of the benefits applicable to certificated employees, and in addition shall be entitled to the following benefits:
(1) VACATION. The Superintendent shall be entitled to three weeks paid vacation during each year of this Contract, exclusive of weekends, pre-determined vacation and legal holidays. Vacation days shall be cumulative to the extent that unused vacation days earned during a given year may be carried over for use during the next year up to a maximum of twenty days. Any accumulated vacation days remaining upon termination of the Superintendent’s employment shall be paid to the Superintendent at the rate of his daily rate then payable to the Superintendent.
(2) SICK LEAVE. The Superintendent shall be entitled to sick leave during each year of this Contract, to the same extent as allowed certified staff under District policy. Such sick leave that is unused shall accumulate and pay out upon retirement as set forth in district policy for certified staff.
(3) TERM LIFE INSURANCE. Board shall provide and pay the premiums for term life insurance for the Superintendent during the term of this Contract in the amount equal to $250,000, payable to a beneficiary or beneficiaries selected by the Superintendent. The Board shall assign the ownership of the policy to a person or trust designated by the Superintendent, and upon termination of this Contract shall allow that owner to continue the policy at his or her own expense.
(4) ANNUITY BENEFIT. The Superintendent hereby relinquishes the previously existing contractual right to receive an annuity not to exceed $10,000 during each year of employment with the District, as such right existed in June 2021 and going forward; in return the Board agrees to add $10,000 annually to the salary reflected on the salary schedule adopted by the Board as of June 30 in each school year.
(5) TRANSPORTATION EXPENSE. As a condition of employment, the Superintendent is required to purchase or lease a personally owned automobile for business purposes. As the Superintendent shall be required to travel between campuses and make other business-related trips including, but not limited to meetings with District representatives, attorneys, auditors, parents, and constituents, it is recognized that the Superintendent will incur certain expenses of a business nature for such transportation. Accordingly, the Superintendent shall receive the annual sum of $6,000 designated as reimbursement for transportation expense. The Superintendent shall submit appropriate substantiation for all business expenses incurred. Except as provided above, the Superintendent shall bear all costs associated with the purchase, upkeep, and maintenance of any vehicle used to provide such transportation. Transportation allowance will be included in taxable income as required by law.
(6) EXPENSE REIMBURSEMENT. The Superintendent shall be reimbursed by the Board of Education for reasonable and necessary expenses incurred in the performance of his or her duties.
(7) DEFENSE AND INDEMNIFICATION. The District shall defend, indemnify and hold the Superintendent harmless for legal actions brought against the Superintendent arising out of his employment with the district based upon acts within the scope of employment, excluding criminal litigation and any defense or indemnification that the District cannot provide under state law. In no case shall individual Board members become personally responsible for any obligation to the Superintendent under this paragraph.
(8) HEALTH, VISION AND DENTAL INSURANCE. The Board will provide the Superintendent, at the District’s expense, family health, vision and dental insurance pursuant to the group policies carried by the District from time to time during the term of this Contract; provided that if during the term of this Contract the District’s healthcare plan is changed in such a manner so as to cause such plan to lose its “grandfathered status” under the Affordable Care Act of 2010 and the regulations propounded under said Act, the District shall be authorized to reduce its contributions to purchase health insurance for Superintendent and his family to the same contribution rate as is applicable to all other District employees so as to not violate any discrimination rules that may then be applicable to the District. If the Districts contributions to purchase health insurance for Superintendent and his family shall be reduced pursuant to the provisions of this Sub-Section, his annual salary shall be increased to an amount determined by the board of education. Any change in salary resulting from the application of the provisions of this Sub Section shall be pro-rated from the date the change in payment of health insurance premiums is effective until the last day of the then current contract year.
(9) SHORT TERM DISABILITY INSURANCE. The Board shall pay for the cost of participation of the Superintendent in any plan of group short term disability insurance offered by the district.
7. TERMINATION – DISABILITY. In the event of any illness or disability, which renders the Superintendent unable to perform the essential duties required under this Contract with or without reasonable accommodation. Following the expiration of any period of leave required by law, and including any regular sick leave days or other regular leave days to which the Superintendent is entitled, which period of leave shall be paid, and an additional period of paid leave if necessary so that the total period of paid leave terminates effective with the payment of benefits under any policy of disability insurance provided under this Contract, or six months from the date that such illness or disability caused the Superintendent to become unable to perform duties under this Contract, whichever period is shorter, the Board of Education may terminate this contract following notice and an opportunity for the Superintendent to be heard.
8. TERMINATION – FOR CAUSE. This contract may be terminated, following written notice and an opportunity for a hearing, for cause, including failure to comply with the terms of this contract or any cause for which the contract of a permanent teacher may be terminated. Except in the case of immoral conduct or criminal acts, the Superintendent shall be given written notice of causes that may result in termination if not corrected at least sixty days before charges are filed, and an opportunity to address the problem areas identified in the written notice. Following termination of this contract by the Board of Education, no further salary shall be payable. The Superintendent may be suspended with pay pending the decision of the Board. The hearing shall be conducted as otherwise required by law.
9. SATISFACTION OF CONTRACT. The Board of Education may completely discharge its obligations under this Contract at any time by paying to the Superintendent all of the contracted salary to which the Superintendent is entitled for the remainder of the contract period, subject to deductions required by law.
10. RETIREMENT. The Superintendent may, by giving a minimum of ninety days written notice to the Board prior to the end of any school year, retire effective upon the completion of such school year during the term of this Contract and terminate this Contract effective upon such date. In order to exercise this option, the Superintendent must be eligible to receive full benefits under the Teacher Retirement System. If, following retirement under this section, the Superintendent accepts employment as a school administrator in another district for a period covered under this Contract, the Superintendent shall pay to the District, as liquidated damages and not as a penalty, an amount equal to the salary payable for such period.
11. CONTRACT EXTENSION. By February 1 of each year that this Contract remains in effect, the District shall notify the Superintendent of whether it intends to extend this Contract for an additional school year; under the same terms and conditions, subject to modification of the salary for such additional year. The Superintendent may waive this requirement in writing. Each year that this Contract remains in effect, the Board may extend this Contract for an additional period of one year without the necessity of an additional writing by motion approved by a majority of the Board of Education recorded in the
minutes. If no compensation for the period of the extension is stated in the motion, then it shall be deemed to be the amount provided for the year immediately preceding the extension. The Superintendent may accept the extension of the contract by indication his or her acceptance in a signed writing, delivered to the Board President prior to July 1, or may propose different terms prior to such date. The terms of the extension agreed upon may be reduced to writing in the form of an addendum and signed by the parties. A motion to extend this Contract, following approval, by a majority of the Board, may not be rescinded or reconsidered without the written consent of the Superintendent.
12. SEVERABILITY. If it is determined at any time that any provision of this contract is illegal or unenforceable, the remaining terms shall not be affected.
13. BOARD AUTHORIZATION AND SIGNATURES.
BY ORDER OF THE BOARD OF EDUCATION, the District has approved this Contract by majority vote of the Board of Education on the date first above written, and the Superintendent has accepted by signing below.
OZARK R-VI SCHOOL DISTRICT
ATTEST:
OZARK R-VI SCHOOL DISTRICT
Ashli Price
Secretary Board of Education
Sarah Orr
President, Board of Education
Frank C BaumanJanuary 19, 2023SUPERINTENDENT SIGNATURE Date:
Contracts may be revised and reissued during the summer prior to first working day of the contract year if salary schedules and budgets are approved. Salaries may be revised to recognize additional education prior to first working day of contract year. This is pursuant to Legal Refs: 168.110 (2), RSMo.Mo.const.Art.III, 39 (3).
SUMMARY FROM CCT: This is a slap in the face to voters and taxpayers in the Ozark School District. You all should be up in arms about paying a salary to a man who isn’t showing up for work. The district pays an interim superintendent, and they’re gonna pay a national search committee to find a new superintendent. It’s YOUR money. But they should at least advocate for a new superintendent who isn’t so dang eager to collect a pension just because he can get away with it.
And the Separation Agreement
SEPARATION AGREEMENT AND RELEASE
This SEPARATION AGREEMENT (“Agreement”) is entered into on the date of full execution as shown by the signatures below between the BOARD OF EDUCATION (“Board”) for THE OZARK R-VI SCHOOL DISTRICT (“District”) and DR. FRANK C. BAUMAN (“Dr. Bauman”) (collectively, “the Parties.”)
WHEREAS, Dr. Bauman is and has been employed as the Superintendent of Schools for
the District;
WHEREAS, Dr. Bauman is currently employed by the District pursuant to employment agreements through June 30, 2026;
WHEREAS, Dr. Bauman’s wife is terminally ill, and he wishes to retire from his employment with the District to spend time with, and provide support for, his wife;
WHEREAS, the parties agree that Dr. Bauman will retire from his position with the District effective December 31, 2023;
WHEREAS, the Parties wish to resolve all matters arising out of Dr. Bauman’s employment with the District, and the conclusion of Dr. Bauman’s employment;
NOW THEREFORE, in consideration of the mutual covenants, promises and consideration contained herein, the Parties agree as follows:
1. Dr. Bauman hereby submits, and the District accepts, Dr. Bauman’s letter of retirement, effective December 31, 2023 (“Effective Date”), as well as Dr. Bauman’s request to be granted paid leave, using accumulated sick and additional leave, from July 1, 2023, through the Effective Date of Dr. Bauman’s retirement. A copy of Dr. Bauman’s letter of retirement is attached hereto as Exhibit A, and the original shall be placed in Dr. Bauman’s personnel file.
2.
agrees that:
As consideration for Dr. Bauman’s execution of this Agreement, the District
a. The District will convene a meeting of its Board of Education to accept Dr.
Bauman’s letter of retirement and request for paid administrative leave, with full pay and benefits, through the Effective Date of his retirement, and approve the terms of this Agreement.
b. On or before September 30, 2023, the District shall remit to Missouri Public School Retirement System (“PSRS”) – by check, direct deposit, or other method agreed upon by the Parties – the total sum of Forty Nine Thousand Three Hundred and Ninety-Nine Dollars and 21/100 ($49,399.21) to purchase service credit on behalf of Dr. Bauman. In the event the payment required under this paragraph is determined to be taxable, such payment shall be reported on IRS Form 1099-MISC.
3.
c. Additionally, within twenty-one (21) days from the Effective Date of Dr.
Bauman’s retirement, the District shall remit to Dr. Bauman – by check, direct deposit, or other method agreed upon by the Parties – the total sum of Fifty- One Thousand Dollars and 00/100 ($51,000.00). The payment required pursuant to this paragraph shall be reported on IRS Form 1099-MISC.
d. Dr. Bauman and his family shall remain on the District’s health care plan in Dr. Bauman’s capacity as an employee through the Effective Date of his retirement, which will be paid for by the District. Thereafter, the District will pay the premiums for continued coverage for Dr. Bauman and his family through June 30, 2024. Dr. Bauman shall be entitled to exercise his right to continued medical and dental coverage under the Consolidated Omnibus Budget Reconciliation Act of 1986 (“COBRA”), at his own expense, after termination of coverage pursuant to this Agreement, provided that he submits the required documentation and makes timely premium payments in accordance with the law and District rules.
The consideration provided by the District under this Agreement shall be made in return for settlement of any and all claims, whether known or unknown at the time this Agreement is executed, that Dr. Bauman may have against the District, and its affiliates and subsidiaries, together with their respective current and former members, directors, officers, agents, and employees (collectively, the “District”), and their attorneys and insurers, whether in their respective individual or official capacities, including but not limited to, claims for compensatory damages, emotional distress, loss of reputation, humiliation, embarrassment, costs, expenses and attorneys’ fees, released by Dr. Bauman in Paragraph 4 of this Agreement.
4. In consideration of the benefits and rights provided to Dr. Bauman pursuant to this Agreement between the Parties, Dr. Bauman hereby forever releases the District from any and all manner of claims, complaints or causes of action of any kind and nature whatsoever, which Dr. Bauman may have or claim to have by reason of his employment with the District or his separation from employment, or otherwise. Such released claims include, but are not limited to, claims alleging violations of §168.101 RSMO, the Missouri Teacher Tenure Act., §§ 168.102 through 168.130 RSMO., and/or the Missouri Administrative Procedures Act, claims of discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2002e, et seq., Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, the Rehabilitation Act of 1973, 29 U.S.C. § 794, the Americans with Disabilities Act (“ADA”) and the ADA Amendments Act of 2008, 42 U.S.C. §12101, et. seq., 42 U.S.C. § 1981a; 42 U.S.C. § 1983, 42 U.S.C. § 1985; claims under 42 USC §1981, claims under the Family and Medical Leave Act, 29 U.S.C. §2601, et seq., the Age Discrimination in Employment Act, 29 U.S.C. § 621; the Missouri Human Rights Act, Mo. Rev. Stat. §213.010 et seq., and any other federal, state or municipal statutes or ordinances relating to employment or discrimination in employment; claims of violation of procedural due process rights; claims of violation of substantive due process rights; claims of wrongful or unjust discharge, defamation, personal injury, emotional distress, invasion of privacy, tortious inference, or other tort claims; claims for unpaid wages, vacation pay, holiday pay, bonuses, or other entitlements, benefits or payments; and claims of breach of contract arising from or during Dr. Bauman’s employment with the District, including Dr. Bauman’s separation from employment; or otherwise, up to and including the Effective Date of Dr. Bauman’s retirement. It
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is understood that this Agreement expressly includes, but is not limited to, any claims for alleged personal, physical and emotional distress injuries, actual damages, liquidated damages, compensatory damages, statutory damages, common law damages, punitive damages, or any other type of damages, and includes all claims for attorneys’ fees, court costs or other expenses incurred by Dr. Bauman in pursuit of any claim against the District.
5.
Dr. Bauman agrees not to enter into any suit, action, or other proceeding at law or in equity, or to prosecute further any suit or action that might presently exist, or to make any claim or demand of any kind against the District, or its affiliates and subsidiaries, together with any of their current and former board members, officers, directors, agents, or employees, including their attorneys and insurers, whether in their respective individual or official capacities, asserting any claim released by Dr. Bauman in Paragraph 4 of this Agreement, other than an action to enforce Dr. Bauman’s rights herein. If Dr. Bauman enters into any action in violation of this paragraph, Dr. Bauman shall pay all legal costs, including attorneys’ fees, incurred by the District, its affiliates and subsidiaries, and their current and former board members, officers, directors, agents, and employees, including their attorneys and insurers, whether in their respective individual or official capacities, in defending against Dr. Bauman’s action. Dr. Bauman further agrees that Dr. Bauman shall forfeit all rights to any other consideration not yet received pursuant to this Agreement as of the date any proceeding, claim, or demand is filed in violation of this paragraph.
6. Dr. Bauman agrees to return to the District any and all District property in Dr. Bauman’s possession no later than fifteen (15) business days after the Effective Date of his retirement.
7. Dr. Bauman further acknowledges that he (a) has been offered the opportunity to seek the advice and assistance of an attorney prior to executing this Agreement, (b) fully understands all of the terms of this Agreement, (c) has been afforded sufficient time to review this Agreement in order to decide whether to sign, (d) has signed this Agreement of his own free will and under no threat or duress by the District or any other person, and (e) intends and agrees that it is final and binding.
8. Dr. Bauman understands and states that this Agreement includes the release of all claims under the Age Discrimination in Employment Act (“ADEA”), and that Dr. Bauman has been given the opportunity to have at least twenty-one (21) days to consider the meaning and effect of the release of the ADEA claims. Dr. Bauman acknowledges that he has been given the opportunity to consult with and receive advice from an attorney before executing this Agreement, if he wished to do so. Dr. Bauman may revoke this Agreement for a period of seven (7) days after execution by Dr. Bauman, and Dr. Bauman understands that this Agreement shall not become effective or enforceable until this seven (7) day period has expired.
To the extent that Dr. Bauman takes fewer than twenty-one (21) days to consider this Agreement prior to signing and dating it, Dr. Bauman acknowledges that Dr. Bauman (a) was provided sufficient time to consider this Agreement with an attorney of Dr. Bauman’s choosing, if he chose to do so, and (b) expressly, voluntarily, and knowingly waived any additional time.
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9. This Agreement shall have no force or effect if Dr. Bauman revokes Dr.
Bauman’s acceptance of this Agreement pursuant to paragraph 8 herein.
10. Dr. Bauman agrees to cooperate with the District regarding any pending or subsequently filed litigation, proceeding, claim or other disputed item involving the District that relates to matters within the knowledge or responsibility of Dr. Bauman during his employment. Without limiting the foregoing, Dr. Bauman agrees (i) to meet with the District’s representatives, its counsel or other designees at mutually convenient times and places with respect to any items within the scope of this paragraph; (ii) to provide truthful testimony to any court, agency or other adjudicatory body; (iii) to notify the District within three (3) business days if Dr. Bauman is contacted by any adverse party or by any representative of an adverse party; and (iv) not to assist any adverse party or any adverse party’s representatives, except as may be required by law.
11.
Dr. Bauman understands and agrees that he is solely responsible for obtaining advice from his own attorney and or tax preparer regarding the legal effect and tax consequences of receiving payment under this Agreement.
12.
The provisions of this Agreement will be governed by the laws of the State of Missouri. The Parties understand that this Agreement is a public document pursuant to the Missouri Open Meetings Act, Section 610.010 et seq. and that a copy of this Agreement must be disclosed if requested.
13. The Parties agree that this Agreement is not to be construed as an admission of any liability and that each party has denied any liability to the other.
14. If a court of competent jurisdiction determines that any provision contained in this Agreement, or any part thereof, cannot be enforced, the Parties agree that such determination shall not affect or invalidate the remainder of the Agreement.
15. This Agreement constitutes the entire agreement between Dr. Bauman and the District, and supersedes all prior understandings, whether oral or written, between the Parties. Any amendments or modifications to this Agreement must be in writing and signed by the Parties.
16. This Agreement shall inure to the benefits of and be binding upon the Parties hereto and their respective heirs, successors, and assigns.
17.
The Parties agree that this Agreement may be executed in authorized counterparts and by facsimile signature.
IN WITNESS of this Agreement, the Parties have signed this document on the day and year written below.
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DATE: 4-13-2023
DATE:
DATE:
4/13/23
4/13/23
DR. FRANK C. BAUMAN
Sarck Ou
PRESIDENT,
M
BOARD OF EDUCATION
“Cow N. Price
SECRETARY,
BOARD OF EDUCATION
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Of course, it’s unlikely the voters and taxpayers being ripped off can do anything to wiggle out of the contract paying Dr. Bauman needlessly.