livingston county superintendent contracts
TRANSCRIPT
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LESA - Daniel Danosky
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HOWELL PUBLIC SCHOOLS
SUPERINTENDENT S CONTRACT
EXHI IT t
This Agreement is made and entered into this 8th day of June, 2015,
by
and between the Board
of
Education of Howell Public Schools (herein after called the Board ), and Erin
J
MacGregor
(herein after called the Superintendent ).
WITNESSED:
In consideration
of
their mutual promises and agreements, the Board agrees to employ the
Superintendent for the position
of
Superintendent and the Superintendent agrees to work for the
District under the following terms and conditions:
I. Term and Extension. The Board hereby employs the Superintendent and the
Superintendent agrees to work for the School District beginning on July I, 2015, and
extending through June 30, 2018. The Board shall determine by March 30 of each year of
this Contract whether to extend the term
of
this Contract, or, alternatively, not extend this
Contract and notifY the Superintendent
of
whatever decision it may make. Should the Board
elect to extend the term
of
this Contract, the parties shall, prior to July I
of
the same year,
execute a successor contract providing for such extension and any other terms that the parties
may mutually agree upon. The Superintendent shall notifY the Board six-months in advance
of
his intention to terminate his employment within the
tenn of
this Contract
as
originally
agreed to or as extended by later agreement.
2 Evaluation and Communication. The Board shall formally evaluate the Superintendent at
least annually to be conducted no later than March I, pursuant to Board Policy and MCL
380.1249. The evaluation process criteria utilized shall be mutually agreed upon by the
Superintendent and Board. The Superintendent shall also receive one
I)
informal evaluation
in
addition to the formal evaluation. The Superintendent may within fourteen (14) days from
receiving the Board's formal evaluation, submit a written comment or rebuttal.
The Board, individually and
co
lIectively, shall refer promptly any pertinent criticisms,
complaints, and suggestions called to its attention to the Superintendent.
3 Tenure Exclusion. This Contract does not confer tenure upon the Superintendent in the
position of Superintendent or any other non-c1assroomlnon-teaching position in the district.
4
Qualifications.
This Contract shall not be valid unless the Superintendent shall have (or be
eligibIe for) and maintain all certifications as may be required by state statute and/or by the
Michigan Department
of
Education,
at
the Superintendent's own expense, at the time the
contractual period shall begin, and this Contract shall terminate
if
the Superintendent shall,
at any time, fail to possess such qualifications or satisfY continuing education requirements.
Proof
of
same shall be maintained at Central Office.
5 Duties and Service to the District. t is understood and agreed that the Superintendent is
employed in the capacity
of
Superintendent, as defined in the Michigan Revised School
Code. The Superintendent shall perform the duties
of
Superintendent
as
prescribed by the
Board and
as
may be established, modified and/or amended from time to time by the Board.
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The Superintendent acknowledges the ultimate authority of the Board with respect to his
responsibilities and directions related thereto.
6. Medical Examination During each year of his Contract, the Superintendent shall have one
I) medical/physical examination, the cost for which, ifnot covered by insurance, shall
be
paid for by the District. The Board reserves the right to direct the Superintendent to a
medical/physical examination if, in its judgement, there are circumstances which warrant a
verification ofeither the physical or mental/psychological competence of he Superintendent.
The Superintendent shall supply such information and execute such documents as may be
required by any underwriter, policyholder, or third party administrator providing insurance
programs specified under this Contract,
or
as may
be
directed
by
the Board to determine the
Superintendent's ability to perform the essential job functions required by assignment, with
or
without reasonable job accommodation(s). Upon competition of he annual examination,
the superintendent's physician shall forward to the board president a letter indicating the
overall results of the physical examination and attest to the superintendent's fitness to
be
employed.
7
Compensation
Commencing July
1,2015,
the Superintendent's base yearly salary shall
be
160,000.00 (One Hundred Sixty Thousand and 00 100 Dollars) annually, which shall
be
paid in equal installments in accordance with the policies and procedures of the Board
governing payment
of
other employees
of
the District. The salary paid shall be less
deductions authorized
by
the law for income tax withholding and other deductions as may
be properly authorized by law.
A The Superintendent shall
be
provided with a monthly automobile allowance of
450.00 (Four-Hundred, Fifty and 00 100 Dollars) during the term of the Contract.
This amount is taxable
if
no receipts are presented.
B. The Superintendent shall
be
reimbursed for prior Board approved travel, meals, and
lodging in accordance with the
per
diem and reimbursement policy and procedures
of
the Board. This section pertains to attendance at meetings and conferences
conducted outside Livingston County.
8 Benefits
A. The Superintendent shall select health, dental, and vision insurance coverage from
the plans available to the District employees, for himseWherself and hislher eligible
family members. The Superintendent shall annually contribute to the cost of such
insurance a sum equivalent to the costs exceeding the statutory employer contribution
limitations which apply to all other employees
ofthe
Howell Public Schools.
B. The Board shall pay premiums on behalf of the Superintendent for long term
disability insurance.
C. The Superintendent shall be under the District's comprehensive general liability
policy up to 4,000,000 in coverage for each occurrence. Additionally, the Board
agrees that it shall defend, hold harmless and indemnifY the Superintendent from any
and all demands, claims, suits, actions and legal proceedings brought against the
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Superintendent in hislher individual capacity,
or
in his/her official capacity as agent
and employee of he Board, provided the incident arose while the Superintendent was
acting within the scope of his employment. The Board shall provide liability
insurance for the Superintendent to cover legal expenses in defense of claims and
payment
of
judgments resulting from his/her functioning as Superintendent. In no
case will individual Board members be considered personally liable for indemnifYing
the Superintendent against such demands, claims, suits, actions, and legal
proceedings.
D. f the Superintendent incurs a service connected illness or injury, the Board shall
provide worker 's compensation insurance.
E.
The
Superintendent shall receive twenty (20) days ofvacation annually, exclusive of
the following recognized District holidays: Labor Day, Thanksgiving Day, Friday
following Thanksgiving Day, Christmas Eve Day, Christmas Day, New Year's Eve
Day,
New
Year's Day, Martin Luther King Day, Good Friday, Memorial Day, and
Fourth ofJuly. The Superintendent shall use these days within the twelve (12) month
period in which it
is
earned. The Superintendent shall schedule use
of
vacation days
in a manner that is least disruptive to school operations. All scheduling
of
vacation
is subject to the approval ofthe Board President. In consideration of his expectation,
the Superintendent
may
carry over five (5) vacation days into the
fo
llowing contract
year. The Superintendent shall not be required to report
on
an Act
of
God day. Any
requirement to so report shall result in an equal amount
of
comp time.
F. The Superintendent shall be credited with twelve (12) sick leave days
on
July 1 2015
and
on
each July 1st thereafter for the length
ofthis
Contract.
G. The Superintendent may accumulate unused sick days to a maximum of ninety (90)
days. Unused sick days are not eligible for payout upon termination
of
the
Superintendent's employment.
H. The Superintendent shall be eligible for up to two (2) personal business days each
contract year. The superintendent may accumulate personal business days up to a
maximum ofeight (8) days. Unused personal business days are not eligible for payout
upon termination of he Superintendent's employment.
l In the event of the death of a family member (spouse, child, parent, sibling, in-law,
grandparent
or
immediate family member as defmed under the Family Medical Leave
Act, as amended), the Superintendent is eligible for up to five (5) days ofbereavement
leave not to be deducted from sick leave
or
any paid leave account.
J. The Superintendent may be provided with local, state, and national dues to the
appropriate professional organizations, as shall be approved in advance
by
the Board.
K The
Board shall provide, without cost to the Superintendent, group life insurance
protection, which shall pay to the Superintendent's beneficiary, the sum of two (2)
times the Superintendent's salary (to nearest 1,000) up to 225,000.00. f two (2)
times the Superintendent's salary (to the nearest 1,000)
is
greater than 225,000.00,
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all amounts
of
group life insurance protection in excess
of
$225,000.000 will be
determined y MESSA on a case-by-case basis in accordance with their insurability
requirements. The Board is not responsible for group life insurance protection
amounts greater than $225,000.00,
if
the Superintendent is deemed ineligible for
additional coverage y MESSA insurability requirements.
L.
The District's only obligation for the insurance benefits provided in this Contract
shall e for the payment of premiums, and the rules and any and all insurance
coverage shall be subject
to
the underwriter's requirements
9. Termination Provisions
The Superintendent shall be subject
to
discharge during the term
of
this Contract for any reason not found to be arbitrary or capricious. The term arbitrary
or capricious shall not include acts of moral turpitude, misconduct, dishonestly, fraud,
insubordination, and a material breach of the terms and conditions of this Contract. This
Contract shall also be terminated by the Board at any time during its term in the event
of
he
Superintendent's death, retirement, or voluntary resignation
of
employment. No discharge
shall e effective until written charges have been served upon the Superintendent by certified
mail and personal service. The Superintendent shall have an opportunity for a fair hearing
before the Board after ten
1
0 days' notice in writing. Said hearing shall be public or private,
at the option of the Superintendent. At said hearing,
if
the Superintendent chooses to be
represented y legal counsel, all fees relating to the Superintendent's legal counsel shall be
the sole responsibility
of
he Superintendent. This provision shall not apply to nonrenewal
of
this Contract pursuant to Section 1229
of
the Revised School Code.
10.
Suspension Whether pending the procedures set forth in Paragraph 9 or pending an
investigation
of
the conduct
of
the Superintendent, the Board may, in its sole discretion,
direct that the Superintendent suspend all or any part
of
the performance of responsibilities
and may assign the performance of such responsibilities to another person or persons. Such
suspension
of
responsibilities shall be without loss
of
salary
or
other benefits under this
Contract until the Superintendent is either reinstated or terminated under this Contract.
11.
Severability Any provision of he Contract prohibited y laws of he United States or the
State
of
Michigan shall be ineffective
to
the extent
of
such provision only, without
invalidating the remaining provisions of the Agreement.
12.
Limitation o Actions The Superintendent and the District agree that any civil action or
administrative complaint arising from or relating
to
the Superintendent's employment with
the District, the termination
of
the Superintendent's employment with the District or this
Contract, must be filed no later than one-hundred, eighty (180) calendar days from the date
on
which the civil action or administrative complaint accrued, or no later than one-hundred,
eighty (180) calendar days from the termination
of
the Superintendent's employment,
whichever
is
sooner. The District and the Superintendent waive any longer limitations
period. In any civil action or administrative complaint, the venue shall be considered to be
in the Circuit Court for the Forty-Fourth 44th) Judicial Circuit for Michigan in Livingston
County.
13.
Binding Arbitration In the event of any dispute between the parties relating
to
the
Superintendent's discharge arising during the term of this Contract, the parties agree
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submit such dispute to binding arbitration. Selection
of
the arbitrator and the arbitration
proceedings shall be conducted under the National Rules for the Resolution ofEmployment
Disputes of, and administered by, the American Arbitration Association. Arbitration under
this provision shall be conducted pursuant to the terms of he Michigan Arbitration Act, MCL
600.5071
et
seq., and MCR 3.602.
A. Any and all disputes under this agreement shall
be
submitted to binding arbitration
pursuant to labor arbitration rules
of
he American Arbitration Association. Michigan
courts may enter judgment upon and enforce any award entered
by
the arbitrator
within hislher authority.
B
Michigan law shall govern this agreement and the sole and exclusive remedy under
this agreement shall
be
monetary damages for any alleged breach. No equitable
relief
of any kind, including reinstatement, may
be
granted for any violation of this
agreement, except as necessary to pay a monetary award granted pursuant to binding
arbitration.
C. The scope
of
the arbitrator s authority is limited exclusively to the issue
ofwhether
a
breach
of
contract occurred and,
if
so, the measure
of
monetary damages, which shall
not be greater than the value of the salary and benefits remaining at the time of the
alleged breach. The arbitrator has no authority to reinstate in the event ofa termination
of
employment.
D. In any litigation matter the venue shall be considered to be in the Forty-Fourth 44th)
Judicial Circuit Court for Livingston County, Michigan.
14.
Entire Agreement This Contract contains the entire agreement and understanding between
the Board and the Superintendent concerning the Superintendent s employment. Prior or
concurrent representations, promises, contracts,
or
understandings (written
or
oral) not
contained in this Contract have no legal bearing.
A. Any prior agreement (written
or
oral) pertaining to the terms 0
f
this Contract is
cancelled and superseded by this Contract.
B No change
or
modification of this Contract shall
be
valid
or
binding unless it is in
writing, approved by official action of the Board as reflected in its minutes, and
signed by the Superintendent and the Board.
C. No valid waiver of any provision of this Contract, at any time, shall be deemed a
waiver
of
any other provisions
ofthis
Contract at such time
or
at
any other time.
f
any provisions
of
this Contract becomes or
is
declared
by
a court
of
competent
jurisdiction to be illegal, unenforceable,
or
void, this Contract shall continue in full
force and effective without said provision(s).
DATED:
BY:
Erin J. MacGregor, Superintendent
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DATED:
DATED:
DATED:
DATED:
DATED:
DATED:
DATED:
BO RD OF EDUC TION OF
HOWELL PU LIC SCHOOLS
BY:
Michael E Yenshaw President
BY:
Stacy R Pasini Vice President
BY:
Brent Earl Secretary
BY:
Michael Moloney Treasurer
BY:
Deborah McCormick Trustee
BY:
Gregg Gilligan Trustee
BY:
Grace Trudell Trustee
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CONTR CT OF EMPLOYMENT
Superintendent
It is hereby agreed by and between the Board
o
Education
o
the
Brighton Area Schools (hereinafter Board ) and Gregory
B.
Gray
(hereinafter Administrator ) that pursuant to Section 1229 (1) and Section
1246 o the Revised School Code, the Board
in
accordance with its action
found
in
the minutes o its meeting held
on
the 26
h day o May, 2009, does
hereby employ the said Administrator for a period commencing on July 1,
2009 and ending on June 30, zo;J.lt, according to the terms and conditions
as described and set forth herein d s f o l l o w s ~ ; j D l ~
(Y---
1. Administrator shall perform the duties o Superintendent as
prescribed by the Board pursuant to the Revised School Code
of the State of Michigan as may be established, modified
and/or amended from time to time by the Board. Administrator
acknowledges the ultimate authority of the Board with respect
to his responsibilities and directions related thereto.
2. Administrator represents that he possesses, holds, will
maintain or will seek all certificates, credentials, and
qualifications required by law, including the regulations of the
Department o Education, and those currently required by the
Board
to
serve
in
the position assigned. Additionally,
Administrator agrees, as a condition of his continued
employment, to meet all continuing education requirements for
the position assigned as may be required by the State Board
of Education. If at any time Administrator fails to maintain all
certificates, credentials, continuing education requirements
and/or qualifications for the position of Superintendent as
required herein, and such failure renders him unqualified for
this position, this contract shall automatically terminate and the
Board shall have no further obligations there under except as
agreed to by the Board.
The Administrator and the Board shall comply with the requirements
of Section 1230, 1230a and 1230b of the Revised School Code
regarding the criminal records check and the unprofessional conduct
check. The Board having requested a criminal history check, prior to
employment and the Administrator having signed a statement that
identifies the items set forth in Section 1230 and 1230a o the
Revised School Code. The Administrator shall also comply with the
BRIGHTON AREA SCHOOLS - Greg Gray
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provisions of Section 1230b o the Revised School Code. If the
Administrator is found to
be
unqualified as a result o the checks
required by the Revised School Code sections set forth above, this
contract shall automatically terminate and the Board shall have no
further obligation to the Administrator either as an employee or a
conditional employee.
3 Administrator agrees to devote his talents, skills, effort and
abilities toward competently and proficiently fulfilling the
duties and responsibilities of the position assigned.
Administrator agrees to faithfully perform those duties
assigned by the Board and to comply with the directives o
the Board with respect thereto. Further, Administrator
agrees to comply with and fulfill the responsibilities and
tasks required of the School District by state and federal
statutes and regulations.
In
addition, Administrator shall
respond to and accomplish those requirements and
directives o the Board to carry out the educational
programs and policies of the School District for which he is
responsible during the entire term
o
this agreement.
Further, Administrator pledges to use his best efforts to
maintain and improve the quality of the operation
o
the
School District and constantly promote efficiency
in
all
areas of his responsibility. The Administrator shall have
complete freedom to organize, reorganize, and arrange the
administrative and supervisory staff, including instruction
and business affairs, which
in
his judgment best serves the
District subject to approval by the Board. The responsibility
for selection, placement and transfer of personnel shall be
vested
in
the Administrator, subject to approval by the
Board. The Board, individually and collectively shall refer
promptly all criticisms, complaints, and suggestions called
to its attention to the Administrator for study and
recommendations.
4
Administrator
sh Pll
be
paid
an
annual salary rate
o
135,000
in
consideration
o
his performance
o
the duties
and responsibilities o the position assigned
in
conformance
with the requirements and expectations of the Board. The
annual salary shall commence on the date o this contract
and shall be prorated over the term of the contract, that is,
through June 30, 2012 It shall be paid
in
equal installments
not to exceed twenty-seven (27) installments per contract
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year beginning with the commencement of the contract
period, to be paid on the regular payroll dates established
by the District. Upon separation of the Administrator during
any contract year, his salary shall be adjusted to reflect
payment, on a per diem basis, for the number of days on
which services were actually and physically rendered
during the contract year. Any amounts due the
Administrator upon separation will be remitted by the Board
to him as soon as such amounts can diligently be
determined. ny salary amounts received by the
Administrator
in
excess
of
days actually worked during the
contract year shall be deducted from the Administrator s
remaining wages or repaid by the Administrator within three
(3) business days immediately following the termination
of
this contract. The Administrator s signing of this agreement
indicates his approval
of
this process.
The Board hereby retains the right to adjust the annual salary of
Administrator during the terms of this contract. ny such salary
adjustment shall not reduce the annual salary below the annual
salary stated above. ny adjustment
in
salary made during the term
of
this contract shall
be
in the form
of
a written amendment and when
executed by Administrator and the Board, shall become part of this
contract.
5
The Board shall review this contract with Administrator
annually on or before June 30 of any contract year. This
contract may be extended either by option
of
the Board of
Education or by operation of law as follows:
a
Board Option - The Board, no later than the 30
h
day
of
June of each year during the term
of
this contract,
may extend the contract for an additional one (1)
year period. All other terms and conditions
of
this
contract except compensation shall remain
u n c h a n g ~ g
The Board
of
Education
in
its sole
discretion and with or without cause may decline to
extend the contract for an additional year. Failure of
the Board to affirmatively extend the contract shall
conclusively constitute a declination to do so.
b
Unless the Board gives written notice
of
non-renewal
of the contract of
tl1e
Administrator at least ninety
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(90) days before the contract s termination date, this
contract will, without further action, be automatically
renewed for an additional one (1)
ye r
period as
provided by Section 1229 of the Revised School
Code.
c
The Administrator, annually, shall advise the Board
of this obligation during the month
of
January.
6
Administrator is employed on the basis of fifty-two (52)
weeks of work per contract year (normally, July through
June 30) as scheduled by the Board. Administrator shall
be granted vacation time of twenty (20) days per contract
year. Vacation days must be used within the fiscal year for
which they are made available and Administrator shall not
receive
ny
additional compensation in lieu
of
use
of
vacation days without the express agreement of the Board.
Administrator shall schedule use of vacation days in a
manner to minimize interference with
tl1e
orderly operation
and conduct of business of the School District. All
scheduling of vacation is subject to the Board policy that is
in
place at present
or
Board policy that is adopted
subsequent to this contract.
7
Administrator s performance shall be evaluated by the
Board annually not later than March 1. The Administrator
annually sl1all advise the Board of this evaluation during the
month of January.
8. During the term of this contract, the Administrator shall be
subject to discharge for good and
just
cause, but the Board
shall not arbitrarily and capriciously dismiss him. No
discharge shall be effective until written charges have been
served upon him and he shall have an opportunity for a fair
hearing before the Board after ten (10)
days notice
in
writing. Said
h ~ r i n g
shall be public or private at the option
of the Administrator. At such hearing he
m y
have legal
counsel provided at the Administrator s expense.
9.
In
the event of Administrator s mental and/or physical
incapacity to perform the duties of his office, he shall be
granted an initial unpaid leave of ninety (90) workdays
for
the purpose of recovery. The Administrator shall first
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exhaust any accumulated sick leave and accrued vacation
time. Health plan premium payments shall
be
made on
behalf of Administrator during this interval. Upon utilizing
leave under this provision, Administrator shall furnish
certification to the Board (or its designee) respecting the
necessity for the leave. This certification, from
Administrator s health care provider, shall include:
a The date the serious health condition commenced
and the health care provider s best medical judgment
concerning the probable duration o the condition and
prognosis for recovery.
b Diagnosis of the serious health condition.
c
A brief statement
o
the regimen
o
treatment.
d An indication of whether inpatient hospitalization is
required.
e An indication of whether or not Administrator is able
to perform the essential functions
o
his position, with
or without reasonable accommodation. The Board
may require, in its sole discretion, a separate opinion,
at Board expense.
Administrator may request an additional ninety 90) work days
unpaid leave extension in the event of his physical and/or mental inability to
return to work at the expiration of the initial leave interval, as described
above, provided there is a reasonable likelihood that Administrator will be
able to resume his duties at the end o the extended leave interval.
Medical certification will
be
supplied by the Administrator as a condition to
any leave extension. Any extensions
o
leave for this purpose shall
be
at
the discretion o the Board.
If the Administrator is
un
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for duty certification from Administrator s health care provider. A second
opinion may be required by the Board at its expense.
10. Administrator agrees that he shall not be deemed to be
granted continuing tenure as Superintendent or in any
capacity other than of a classroom teacher, should the
probationary period required for tenure as a teacher be
fulfilled, by virtue o this contract or any employment
assignment (requiring certification) with the School
District. Nor shall the decision of the Board not to
continue or renew the employment of Administrator for
any subsequent period in any capacity, other than as a
classroom teacher, as may be required by tenure law,
be deemed breach of this Agreement or a discharge or
demotion within the provisions of the Michigan
Teachers Tenure Act.
11. Administrator shall submit to such medical
examinations, supply such information and execute
such documents as may be required by any underwriter,
policyholder, or third party administrator providing
insurance programs specified under this contract.
Additionally, upon request of the Board, Administrator
shall authorize the release of medical information
necessary for the Board s physician to determine if
Administrator is capable of performing the essential job
functions required by l ris
assignment, with or without job
accommodation. Any physical or mental examination or
disclosure of such information required of Administrator
by the Board shall be job-related and consistent with
business necessity. Any medical or psychological
examination under this section shall be at Board
expense. Any information obtained from medical or
psychological examinations or inquiries shall be
considered and treated as confidential.
12. Upon proper application and acceptance for enrollment
by the appropriate insurance underwriter, policyholder
and/or third party administrator, the Board shall provide
fully paid premium payments on behalf o Administrator
and his eligible dependents for the following insurance
programs:
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a.
Health Insurance: Identical and consistent with
central office administrators. Any other benefits
provided to central office administrators within this
category are to be available to Administrator;
b. Long-Term Disability Insurance: Identical and
consistent with central office administrators;
c. Dental Insurance: Identical and consistent with
central office administrators;
d. Optical Insurance: Identical and consistent with
~
central office administrators;
1\3 9
\ ~
e. Term Life Insurance: ~ term policy.
v
it k
In
lieu of the above benefits paragraphs
a.
through d., the
Administrator, at his sole election, shall be entitled to apply fifty
percent (50%)
o
the monthly administrative health care
premium for any benefit options, tax deferred annuity or salary
(monthly health care premium effective July 1, 2009 is
1,439.90). Notwithstanding the above, the Administrator shall
be entitled to the Term Life Insurance provided
in
paragraph e.
above
13. The Board reserves the right to change identity o the
insurance carrier, policyholder or third party
administrator for any
o tl1e
above coverage, provided
that comparable coverage, as determined by the Board,
is maintained during the term
o
this Agreement. The
Board shall not be required to remit premiums for any
insurance coverage for Administrator and his eligible
dependents if enrollment or coverage is denied by the
insurance underwriter, policyholder, or third-party
administrator. The terms of any contract or policy
issued by any insurance company
o third-party
administrator:shall be controlling as to all matters
concerning benefits, eligibility, coverage, termination
o
coverage, and other related matters. Administrator is
responsible for assuring completion
o any and all
documents needed to receive the above-described
insurance coverage. The School District, by payment o
the premium payments required to provide the above-
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described insurance coverage, shall
be
relieved from all \
liability with respect to insurance benefits.
14.
. 3 ~ 0 / y e a r
stipend for advanced degree Ph.D./Ed.D.)
l
15. Administrator will receive paid holidays
in
accordance
with the following schedule:
New Year s Eve Day
New Year s Day
Memorial Day
July Fourth
Friday before Labor Day
Labor Day
Thanksgiving Day
Friday following Thanksgiving
Day
Christmas Eve Day
Christmas Day
Day after Christmas
One floating personal holiday
16. If Administrator is absent from duty on account o
personal illness or disability, he shall
be
allowed full pay
for a total
o
fifteen 15) days annually. Unused paid
leave days hereunder shall be cumulative to a maximum
o one hundred twenty 120) days for absence due to
personal illness or disability o Administrator. The
Administrator may
be
absent from duty
on
account
o
personal business to a maximum
o
five 5) days
annually, which days shall be deducted from the fifteen
15) days provided annually for personal illness or
disability. The Administrator shall receive an initial grant
o
one hundred twenty 120) days that may
be
drawn
upon
in
the event
o
absence from duty
on
account
o
personal illness or disability.
17.
n
addition to other days provided
in
16 above, up to five
5) leave days shall
be
provided for each instance o
death
in
the immediate family, consisting of mother,
father, mother-in-law, father-in-law, spouse, child or
sibling.
18. Administrator shall
be
eligible to
be
reimbursed for
travel, meals and lodging
in
accordance with per diem
expense and reimbursement policies and procedures
established by the Board.
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19 The fees or dues for membership
in
appropriate
professional organizations shall
be
subject to the
approval of the Board as per Board policy. Tl e
Administrator shall be entitled to attend one National
Conference annually.
20. The Board agrees to pay the premium amount for errors
and omissions insurance coverage for Administrator ~ f )0 oU
while engaged in the performance o a government / ;
function and while the Administrator is acting within the }fjl..:'./':
scope of his authority. The policy limits for this
coverage shall
be
not less than those provided central ~
office administrators. The terms o the errors and
omissions insurance policy shall be controlling
respecting defense and indemnity of Administrator. The
sole obligation undertaken by the Board shall be limited
to the payment of premium amount for the above errors
and omissions coverage.
21 Termination. If at any time, the Administrator fails to
maintain the credentials and qualifications for the
position of superintendent as required by this contract,
the contract shall automatically terminate. The
Administrator may be discharged and this contract
terminated at any time for cause, including failure to
uphold any Board
o
Education bylaw, policy, or
regulation.
22. Severability. If any provision
o
this contract is ruled
illegal or unenforceable by a court of competent
jurisdictions, the remainder of the contract not affected
by the ruling shall remain valid and
in
effect.
23. Dispute Resolution. In the event o any dispute between
the parties relating to any provision o this Contract or
the terminatign or discharge
o
Administrator during the
term o this Contract, the parties agree to submit such to
binding arbitration. The parties intend that this process
o dispute resolution shall be inclusive o all contract
interpretation disputes and contract and statutory claims
advanced by Administrator arising from Administrator s
termination or discharge during the term o this Contract,
9
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including but not limited to) claims of unlawful
discrimination and all claims for damages or other relief.
24. Governing Law. This contract is governed by and shall
be interpreted in accord with the law o the State of
Michigan.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed
on
the date set opposite their names.
Dated ~ ~
ff
Dated
JB
/or
___;::.._7-1-=------- 1
BRIGHTON AREA SCHOOLS
BOARD OF EDUCATION
i f f i ~
illiam R. Anderson, President
oated sJ;;rr/0200 1 ~ ~ L 4 ~ o
Chery1 M:LeaC Treasurer
WITNESSES:
1
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Fowlerville Community Schools - Wayne Roedel
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This is Rick Todd's current contract that reflects his $6,000 pay cut.
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ADMINISTRATIVE EMPLOYMENT CONTRACT
This contract is made and entered into as of the 1stday of July 2012 between the Board ofEducation of the Hartland Consolidated Schools, Livingston County, Michigan (hereinaftercalled the Board), and JANET SIFFERMAN(hereinafter called the Superintendent.)
Whereas, the Board at a meeting held on the 23rd day of April, 2012, approved the
employment of the Superintendent in accordance with the terms and conditions of thiscontract per the attached resolution; and
Whereas, the Superintendent desires to be employed by the Board in accordance with theterms and conditions of this contract;
Now, therefore, in consideration of the mutual promises contained in this contract, it is agreedbetween the parties, as follows:
1. Term. This contract shall take effect on the 1stday of July 1, 2012 and continue inforce thereafter through the 30th day of June 2015, subject to extension and
termination as provided in paragraphs 4 and 10.
2. Duties. The Superintendent represents that she meets all Michigan requirements andholds all certificates necessary by law or Board policy for employment by the Board inthis administrative position. The Superintendent agrees to perform the duties ofSuperintendent in a competent and professional manner in compliance with the lawsapplicable to the school district, the policies and regulations adopted by the Board andsuch other professional duties as may be from time to time prescribed by the Boardwhich are not expressly contrary to law or the terms of this contract.
3. Evaluation. The Superintendent shall be evaluated twice yearly in June and January,
and no later than March 30, by the Board to review her performance in accordancewith Board policy.
4. Extension. This contract may be extended or not renewed either by option of theBoard or by operation of law, as follows:
A. Board option. The Board may take action annually prior to March 30 to extendthis contract for an additional year, written notification must be given to theSuperintendent by March 30 of the final year of this contract.
B. Operation of law. Unless the Board gives written notice of non-renewal of this
contract to the Superintendent at least 90 days before the contracts terminationdate, this contract will, without further action, be extended an additional year asprovided by Public Act 289 of 1995, being section 1229 of the Michigan RevisedSchool Code. The Superintendent shall advise the Board of this obligationduring the month of January in the final year of the contract as extended.
5. Tenure exclusion. This contract does not confer tenure upon the Superintendent inthis position or any other administrative position in the district.
(Continued)
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6. Compensation. The base salary for this contract shall not be less than $139,432,
plus $3,000 for longevity for a total salary of $142,432 for each contract year. Thesalary will be paid in equal installments per normal Board policy. The Board reservesthe right to increase the salary of the Superintendent during the term of this contract.The Superintendent will receive a minimal annual salary increase equal to the annualteachers contracted increase. Any other increase in salary made during the term of
this contract shall be in the form of a written amendment and, when executed by theSuperintendent and the Board, shall become a part of this contract.
A. Tax-Sheltered Annuity. The Superintendent shall annually receive a Boardpaid tax-sheltered annuity in an amount equal to 5% of the compensation fromSection 6.
7. Fringe benefits. The Superintendent shall be given such fringe benefits as are setforth hereafter or as may be authorized by the Board from time to time. The Boardshall pay the full premium cost of the following:
A. Group term Life Insurance with Accidental Death and Disability, and Long-TermDisability Insurance as offered by the district.
B. Up to full family medical insurance, as defined by the districts insurance carrier,including dental and vision insurance. Beginning July 1, 2014 health insurancepremium benefits will be amended to comply with PA152 of 2011.
8. Retirement. The Board shall contribute to the Michigan Public School EmployeesRetirement System on Behalf of the Superintendent in accordance with applicablelaws.
9. Vacation. The Superintendent shall be granted a vacation period not to exceed 30days for each contract year. A maximum of ten (10) vacation days per year may becashed in each year of the contract.
10. Termination. During the term of this contract the Superintendent shall be subject todischarge for good and just causes, but the Board shall not arbitrarily and capriciouslydismiss her. For purposes of this agreement, the term just cause shall include, but isnot limited to, acts of moral turpitude, misconduct, dishonesty, fraud, insubordination,incompetence, or if the Superintendent materially breaches the terms and conditionsof the agreement. These criteria for termination of this contract during its term shallnot be applicable to non-renewal of this contract which shall be discretionary with theBoard. In the event the Superintendents employment is terminated during the termhereof for just cause, this contract shall terminate and the Board shall have no furtherobligation hereunder. No discharge shall be effective until written charges have beenserved upon her, and she shall have an opportunity for a fair hearing before the Boardnot sooner than ten (10) business days following the Superintendents receipt ofwritten notice. At such hearing, she may have legal counsel at her expense.
(Continued)
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11. Hold Harmless. The District agrees that it shall defend, hold harmless and indemnify
the Superintendent from any and all demands, claims, suits, actions and legalproceedings brought against the Superintendent in her individual capacity, or in herofficial capacity as agent and Employer of the District, provided the incident arosewhile the Superintendent was acting within the scope of her employment.
The Board shall provide liability insurance for the Superintendent to cover legalexpenses, defense of claims and payment of judgments resulting from her functioningas Superintendent, and will reimburse her for any portion of such expense and
judgments not covered by insurance. In no case will individual Board members beconsidered personally liable for indemnifying the Superintendent again such demands,claims, suits, actions and legal proceedings.
In witness whereof, the parties have duly executed this Superintendents EmploymentContract as of the Day and year written in the opening paragraph.
SUPERINTENDENT BOARDHartland Consolidated SchoolsLivingston County, Michigan
______________________________ By ________________________________Janet Sifferman Kevin Kaszyca, President
______________________________ ________________________________Date Cynthia Sinelli, Secretary