§ 115C-272. Residence, oath of office, and salary of superintendent. - North Carolina Statutes

§ 115C‑272. Residence, oath of office, and salary of superintendent.

(a)        Every superintendent shall reside in the county in which heis employed. The superintendent shall not teach, nor be regularly employed inany other capacity that may limit or interfere with his duties assuperintendent. Each superintendent, before entering upon the duties of hisoffice, shall take an oath for the faithful performance thereof. The salary ofthe superintendent shall be in accordance with a State standard salary schedule,fixed and determined by the State Board of Education as provided by law; andsuch salary schedule for superintendents shall be determined on the same basisfor both county and city superintendents and shall take into consideration theamount of work inherent to the office of both county and city superintendents;and such schedule shall be published in the same way and manner as theschedules for teacher and principal salaries are now published.

(b)        Superintendents shall be paid promptly when their salariesare due provided the legal requirements for their employment and service havebeen met. All superintendents employed by any local school administrative unitwho are paid from local funds shall be paid promptly as provided by law and asState allotted superintendents are paid. Superintendents paid from State fundsshall be paid as follows:

(1)        Each local board of education shall establish a set date onwhich monthly salary payments to superintendents shall be made. This set paydate may differ from the end of the calendar month of service. Superintendentsshall only be paid for the days employed as of the set pay date. Payment for afull month when days employed are less than a full month is prohibited as thisconstitutes prepayment. The daily rate of pay shall equal the number ofweekdays in the pay period. Included within their term of employment shall beannual vacation leave at the same rate provided for State employees. Includedwithin the 12 months' employment each local board of education shall designatethe same or an equivalent number of legal holidays as those designated by theState Personnel Commission for State employees.

(2)        Notwithstanding any provisions of this section to thecontrary no person shall be entitled to pay for any vacation day not earned bythat person. Vacation days shall not be used for extending the term ofemployment of individuals and shall not be cumulative from one fiscal year toanother fiscal year: Provided, that superintendents may accumulate annualvacation leave days as follows: annual leave may be accumulated without anyapplicable maximum until June 30 of each year. On June 30 of each year, anysuperintendent with more than 30 days of accumulated leave shall have theexcess accumulation converted to sick leave so that only 30 days are carriedforward to July 1 of the same year. All vacation leave taken by thesuperintendent will be upon the authorization of his immediate supervisor andunder policies established by the local board of education. An employee shallbe paid in a lump sum for accumulated annual leave not to exceed a maximum of240 hours or 30 days when separated from service due to resignation, dismissal,reduction in force, death, or service retirement. Upon separation from servicedue to service retirement, any annual vacation leave over 30 days will convertto sick leave and may be used for creditable service at retirement inaccordance with G.S. 135‑4(e). If the last day of terminal leave falls onthe last workday in the month, payment shall be made for the remainingnonworkdays in that month. Employees retiring on disability retirement mayexhaust annual leave rather than be paid in a lump sum. The provisions of thissubdivision shall be accomplished without additional State and local fundsbeing appropriated for this purpose. The State Board of Education shall adoptrules and regulations for the administration of this subdivision.

(3)        Each local board of education shall sustain any loss byreason of an overpayment to any superintendent paid from State funds.

(4)        All of the foregoing provisions of this section shall besubject to the requirement that at least fifty dollars ($50.00), or otherminimum amount required by federal social security laws, of the compensation ofeach school employee covered by the Teachers' and State Employees' RetirementSystem or otherwise eligible for social security coverage shall be paid in eachof the four quarters of the calendar year.

(c)        The State Board of Education, in fixing the State standardsalary schedule of superintendents as authorized by law, shall provide thatsuperintendents who entered the armed or auxiliary forces of the United Statesafter September 16, 1940, and who left their positions for such service, shallbe allowed experience increments for the period of such service as though thesame had not been interrupted thereby, in the event such persons return to theposition of teachers, principals or superintendents in the public schools ofthe State after having been honorably discharged from the armed or auxiliaryforces of the United States. (1955, c. 1372, art. 6, s. 1; art. 17, s. 9; art. 18, s. 6; 1961, c.1085; 1971, c. 1052; 1973, c. 647, s. 1; 1975, cc. 383, 608; c. 834, ss. 1, 2;1979, c. 600, ss. 1‑5; 1981, c. 423, s. 1; c. 946, s. 1; 1983, c. 872, s.1; 1985, c. 757, s. 145(c); 1985 (Reg. Sess., 1986), c. 975, s. 15; 1987, c.414, s. 4; 1989 (Reg. Sess., 1990), c. 1066, s. 93; 1993, c. 321, s. 73(a);1995, c. 450, s. 17; 1997‑443, s. 8.38(f); 1999‑237, s. 28.26(c).)