AGREEMENT BETWEEN. INDEPENDENT SCHOOL DISTRICT 15 St. Francis, Minnesota. and SUPERINTENDENT

Transcription

1 AGREEMENT BETWEEN INDEPENDENT SCHOOL DISTRICT 15 St. Francis, Minnesota and SUPERINTENDENT Approved by the School Board on, 06/24/2013. Effective through 6/30/2016

2 TABLE OF CONTENTS I. Applicable Statute...3 II. Licensure...3 III. Duration, Extension, Expiration, Termination and Mutual Consent IV. Duties V. Duty Year and Leaves VI. Insurance VII. Other Benefits VIII. Salary...8 IX. Other Provisions X. Retirement/Severance Signature Page

3 INDEPENDENT SCHOOL DISTRICT NO. 15 St. Francis, MN SUPERINTENDENT S CONTRACT The School District of Independent School District No. 15, St. Francis, Minnesota, enters into this agreement with Edward C. Saxton, a legally qualified and licensed Superintendent, who agrees to perform the duties of Superintendent of Schools of the School District. The School District and the Superintendent agree as follows: ARTICLE I Applicable Statute Section 1. This agreement is entered into between the School Board and the Superintendent in conformance with Minn. Stat. 123B.143, Subd. 1 as amended. ARTICLE II Licensure Section 1. The Superintendent shall maintain a valid and appropriate license to act as Superintendent in the state of Minnesota as provided by applicable state laws, rules and regulations. ARTICLE III Duration, Extension, Expiration, Termination, and Mutual Consent Section 1. Duration: This contract is for a term of three years commencing July 1, 2013 and ending June 30, It shall remain in full force and effect unless modified by mutual consent of the School Board and the Superintendent or unless terminated or extended as provided herein. Section 2. Subsequent Contract: Pursuant to Minn. Stat. 123B.143, Subd. 1, the School Board and Superintendent may not enter into a subsequent contract more than 365 calendar days prior to the expiration of this contract. Further, any subsequent contract would be contingent upon the Superintendent completing the terms of this contract. Without modifying or waiving its discretionary authority under Minn. Stat. 123B.143, Subd. 1, the School Board hereby declares its present intent to notify the Superintendent no later than six (6) months prior to the expiration of this contract as to whether it intends to offer or not offer the Superintendent a subsequent contract. If the decision is to not offer a subsequent contract, the Superintendent may then request a meeting(s) with the School Board to discuss its intentions, and reasons therefore, and the way in which any concerns of the school Board might be addressed by the parties, The School Board may thereafter act to offer a subsequent contract contingent upon the Superintendent 3

4 completing the terms of this contract. The parties understand and agree that whether or not the School Board gives the six (6) months notice to the Superintendent as provided herein, this contract shall expire at the end of the term specified above. Section 3. Expiration: This contract shall expire at the end of the term specified in Section 1 unless extended by mutual consent or as provided herein. At the conclusion of its term neither party shall have any further claim against the other, and the School District s employment of the Superintendent shall cease, unless a subsequent contract is entered into in accordance with Minn. Stat. 123B.143, Subd. 1. Section 4. Termination During the Term: The Superintendent s employment may be terminated during the term of this contract only for cause as defined in Minn. Stat. 122A.40, Subds. 9 or 13. Except for purposes of describing grounds for discharge, the provisions of Minn. Stat. 122A.40 shall not be applicable. If the School Board proposes to terminate the Superintendent during the contract term for cause as defined in Minn. Stat. 122A.40, Subd. 9 or 13, it shall notify the Superintendent in writing of the proposed grounds for termination. The Superintendent shall be entitled to a hearing before an arbitrator provided the Superintendent makes such a request in writing within fifteen (15) calendar days after receipt of the written notice of the proposed termination. In such event, the parties shall jointly petition the Bureau of Mediation Services (BMS) for a list of five (5) arbitrators. The arbitrator shall conduct a hearing under normal arbitration procedure rules and issue a written decision. The decision of the arbitrator shall be final and binding upon the parties, subject to normal judicial review of arbitration decision as provided by law. The Superintendent may be suspended with pay pending final determination by the arbitrator. If the Superintendent fails to request a hearing as provided herein within the fifteen (15) calendar day period, it shall be deemed acquiescence by the Superintendent to the School Board s proposed action and the proposed action shall become final on such date as determined by the School Board, and the Superintendent shall have no further claim or recourse. Section 5. Mutual Consent: This contract may be terminated at any time by the parties by mutual consent. ARTICLE IV Duties Section 1. The Superintendent shall have charge of the administration of the schools under the direction of the School Board. The Superintendent shall be the chief executive officer of the School Board; shall direct and assign teachers and other employees of the schools under the Superintendent s supervision; shall organize, reorganize and arrange the administrative and supervisory staff, including instruction and business affairs; as best serves the School District subject to the approval of the School Board; shall from time to time suggest policies, regulations, rules and procedures deemed necessary for the School District and in general, perform all duties incident to the office of the Superintendent and such other duties as may be prescribed by the School Board from time to time. The Superintendent shall abide by the policies, regulations, rules and procedures established 4

5 by the School Board and the State of Minnesota. The Superintendent shall have the right to attend all School Board meetings and all School Board and citizen committee meetings, serve as an ex-officio member of all School Board committees and provide administrative recommendations on each item of business considered by each of these groups. ARTICLE V Duty Year and Leaves Section 1. Basic Work Year: The Superintendent s duty year shall be for the entire twelve-month contract year as provided herein and the Superintendent shall perform services on those legal holidays on which the School District is authorized to conduct school if the School Board so determines. The Superintendent shall be on duty during any emergency, natural or unnatural, unless otherwise excused in accordance with School Board administrative policy. Section 2. Vacation: The Superintendent shall earn an annual paid vacation each contract year of 25 days. Subd. 1. The Superintendent will be able to accumulate a maximum of ten (10) days of unused vacation days per year. Vacation must be used by December 31 of the fiscal year following the year in which it is earned or be lost. Subd. 2. On an annual basis, the Superintendent will report to the School Board the number of unused vacation days that were accumulated during the year. Subd. 3. Unused days in this section are subject to the provisions of Article IX Section 6. Section 3. Holidays: The Superintendent shall be entitled to eleven (11) paid holidays each contract year as designated by the School Board and five (5) non-accumulating holidays. Section 4. Sick Leave: The Superintendent shall, while employed full-time by the School District, earn additional paid sick leave at the rate of 2.0 days for each working month. Absence in excess of the number of accumulated sick leave days shall result in salary deductions in proportion to the number of said absent days. Sick leave pay shall be allowed only upon submission of the electronic report to the Human Resources Department. Section 5. Personal/Emergency Leave: The Superintendent maybe granted paid personal/emergency leave during the contract year at the written direction of the School Board. Section 6. Bereavement Leave: The Superintendent shall be granted paid bereavement leave, the days to be deducted from sick leave. 5

6 Section 7. Disability: If the Superintendent is unable to perform regular duties because of personal illness or disability and has exhausted all accumulated sick leave, the School District shall provide additional paid sick leave at a salary equal to fifty percent (50%) of the Superintendent s regular salary until the expiration of the waiting period for longterm disability insurance. Section 8. Medical Leave: Subd. 1. The Superintendent and the School District agree to incorporate by reference and be bound by the provisions of Minn. Stat. 122A.40, Subd. 12 relating to suspension and leave of absence for health reasons. Subd. 2. If the Superintendent is unable to perform regular duties because of personal illness or disability and has exhausted all sick leave credit available or has become eligible for long-term disability compensation and has not been suspended or placed on leave of absence pursuant to Minn. Stat. 122A.40, Subd. 12, the Superintendent shall, upon request, be granted a medical leave of absence up to one year in duration without pay. The School Board may, in its discretion, extend such a leave upon written request. A request for medical leave of absence or extension thereof pursuant to this section shall be accompanied by a written statement from a physician outlining the condition of health and estimated time at which the Superintendent is expected to be able to resume normal responsibilities. The Superintendent when on medical leave of absence is eligible to continue to participate in group insurance programs as permitted under the insurance policy provisions, and the Superintendent shall pay the entire premium for such programs as the Superintendent wishes to retain commencing with the beginning of the leave. If medical leave of at least one (1) full year is granted pursuant to this section, the Superintendent voluntarily waives any right to a leave of absence to which the Superintendent might otherwise be entitled pursuant to Minn. Stat. 122A.40, Subd. 12. ARTICLE VI Insurance Section 1. Health: The School District shall pay the premium for health insurance, under the School District s group plans, for the Superintendent and the Superintendent s dependents. OR, the Superintendent may elect to engage in the provisions of Article VIII Section 2. Section 2. Dental: The School District shall pay full dental insurance, under the School District s group plans, for the Superintendent and the Superintendent s dependents. 6

7 Section 3. Life Insurance: The School District shall provide a group term life insurance plan providing insurance equal to three times the annual salary of the Superintendent, payable to the Superintendent s named beneficiary, at the expense of the School District. Section 4. Long-Term Disability Insurance: The School District shall provide, at the School District expense, long-term disability coverage for the Superintendent at the maximum level of benefits available under the District s group plan. Section 5. Health Care Savings Plan: Health Care Savings Plan (HCSP): $3,500 shall be paid in year one into the Superintendent s Health Care Savings Plan (HCSP) on the first pay period of each fiscal year. Subsequent years, the HCSP will be the District s standardized amount. Section 6. Liability Insurance: The School District shall provide, at School District expense, liability insurance naming the Superintendent as an insured, along with the School District, in an amount not less than is required by law for the School District. Section 7. Claims Against the School District: The eligibility of the Superintendent, or the Superintendent s dependents or beneficiary for insurance benefits shall be governed by the terms of the insurance policies purchased by the School District pursuant to this section. It is understood that the School District s only obligation is to purchase the insurance policies described herein, and no claim shall be made against the School District as a result of denial by an insurer of insurance benefits if the School District has purchased the policies and paid the premiums prescribed herein. ARTICLE VII Other Benefits Section 1: The School District shall pay the 403b employer match pursuant to Minn. Stat , Sub. 1(5) to the Minnesota Deferred Compensation Program of the Superintendent s choice. Section 2. Conferences and Meetings: The School District shall pay all legally valid expenses and fees for the Superintendent s attendance at professional conferences and meetings with other educational agencies when attendance thereof is required, directed, or permitted by the School Board. The Superintendent shall attempt to advise the School Board of all meetings and conferences that the Superintendent will be attending and shall periodically report to the School Board relative to all meetings and conferences attended. The Superintendent shall file itemized expense statements to be processed and approved as provided by law and District procedures. The Superintendent is encouraged but not required to attend two (2) national conference per year. Section 3. Automobile: The School District shall reimburse the Superintendent for business use of the Superintendent s private automobile, pursuant to Minn. Stat , Subd. 3 for travel according to District travel reimbursement policy. 7

8 Section 4. License Fees: The School District shall pay the administrative licensing fees for the Superintendent. ARTICLE VIII Salary Section 1. Base Pay: The Superintendent shall be paid an annual salary of $144,929 for the , , and school years. The School Board hereby retains the right to adjust the annual salary of the Superintendent during the term of this contract, provided that such salary adjustments shall not reduce the annual salary below the figure stated in this paragraph, unless such decrease is part of a uniform plan affecting salaries of all employees of the District. Section 2. Strategic Reallocation of Resources (SRR): The Superintendent may waive the benefits in Article VI, Section 1, and receive 9.5% of base pay, divided over 24 payperiods. This section is subject to proration depending on the time of election. ARTICLE IX Other Provisions Section 1. Outside Activities: While the Superintendent shall devote full-time and due diligence to the affairs and the activities of the School District, the Superintendent may serve as a consultant to other School Districts or educational agencies, lecture, engage in writing and speaking activities, and engage in other activities if such activities do not impeded the Superintendent s ability to perform the duties of the superintendent. If the time involved participating in such activities requires time away from district duties it shall be reported in writing by the Superintendent and deducted from annual vacation time. Section 2. Indemnification and Provision of Counsel: In the event that an action is brought or a claim is made against the Superintendent arising out of or in connection with the Superintendent s employment, and the Superintendent is acting within the scope of employment or official duties, the School District shall defend and indemnify him to the extent permitted by law. Indemnification, as provided in this section, shall not apply in the case of malfeasance in office or willful or wanton neglect of duty, and the obligation of the School District herein shall be subject to the limitations as provided in Minnesota Statutes Chapter 466. Section 3. Dues: The Superintendent is encouraged to belong to appropriate professional, educational and civic organization where such membership will serve the best interests of the School District. Accordingly, the School District will pay such membership dues for organizations as are required, directed, or permitted by the School Board as agreed upon by the Superintendent and School Board or designees, up to a maximum of $2,000 per year. The Superintendent shall present appropriate statements for approval as provided by law. 8

9 Section 4. Evaluation: The School Board and Superintendent shall mutually agree upon a process and timeline for conducting the annual evaluation of the Superintendent in writing. The evaluation process shall reflect the Superintendent s position description, School Board and Superintendent Goals, and management practices as agreed upon by the Superintendent and School Board, or designees. Said evaluation shall be concluded prior to June 30 of the year for which it is conducted and the results communicated with the Superintendent. In accordance with Open Meeting Laws, the Superintendent may request that discussion of the annual evaluation with the School Board be an open session meeting. Section 5. Sick Leave Pay: Upon resignation, retirement or a decision by the School Board to not offer the Superintendent a subsequent contract, the Superintendent will receive compensation for unused sick leave. Payment for each unused sick day earned before July 1, 2003 shall be paid at 50% of the daily rate of the High School Principal s annual salary at the time of the resignation or retirement. Payment for unused sick days earned after July1, 2003 shall be based on the Superintendent s annual salary at the time of resignation or retirement divided by 236 for each day of paid sick leave. Sick leave shall be used in the order earned. Section 6. Surrender of Unused Days: On a monthly basis, the Superintendent may surrender unused sick leave, vacation, and floating holidays. In return for those days the Superintendent will receive his daily rate of pay times the number of days surrendered. Only days earned subsequent to July 1, 2003 shall be considered for this surrender provision. Unused sick leave shall be paid by the District in one lump sum within 45 days following separation or retirement from the District. In the event of the death of the Superintendent, the unused days pay will be paid to the Superintendent s designated beneficiary, or if there is none, to his estate. ARTICLE X Retirement/Severance Section 1. Benefit In Case of Death of Employee: If the Superintendent dies before all or a portion of the payments as provided have been disbursed, that balance due shall be paid to a named beneficiary, or, lacking same, to the deceased's estate. Section 2. Career Service Recognition Payment: If the Superintendent completes the term of this contract, and should the Superintendent leave employment in the School District for any reason other than termination for just cause, the Superintendent shall receive severance compensation calculated in following manner: : Years of Administrative service in Independent School District No. 15 x 4%) x annual salary = severance 9

10 : Years of Administrative service in Independent School District No. 15 x3%) x annual salary: severance : Years of Administrative service in Independent School District No. 15 x2%) x annual salary: severance Severance shall be paid by the Dishict in one lump sum within 45 days following separation or retirement from the District. In the event of the death of the Superintendent, the severance pay will be paid to the Superintendent's designated beneficiary, or if there is none, to his estate. INDEPENIDENT SCHOOL DISTRICT NO.I"s Date *) f- -n: > i'7 (s): t-as '13 Date 10