SAN FRANCISCO COMMUNITY COLLEGE DISTRICT ADMINISTRATIVE EMPLOYMENT AGREEMENT ACADEMIC ADMINISTRATOR

Transcription

1 SAN FRANCISCO COMMUNITY COLLEGE DISTRICT ADMINISTRATIVE EMPLOYMENT AGREEMENT ACADEMIC ADMINISTRATOR 1. Title and Preamble. This Agreement ("Agreement") is entered into and made effective on by and between the SAN FRANCISCO COMMUNITY COLLEGE DISTRICT, acting through its Special Trustee ( District ), and ( Employee, collectively the Parties ). In consideration of the covenants herein, the Parties agree as follows: 2. Employment in Administrative Position. The District hereby employs Employee in the Academic administrative assignment of ( Position ) and Employee hereby accepts such employment by the District on the terms and conditions set forth in this Agreement. The Employee shall devote his/her time, skills, labor and attention to managing, administering and supervising the affairs of the Position. 3. Term. Subject to the provisions relating to termination below, the District shall employ the Employee for the period July 1, through June 30,. Extensions of the term shall be through an amendment to this Agreement, signed by all Parties, and shall comply with the requirements of California Education Code section Duties. Employee shall perform duties as required by law; as described in the job announcement on file for the Employee s Position or in any subsequent description prepared by the Human Resources Department; and/or as assigned by the District. 5. Salary. Effective July 1,, District shall pay Employee annually, commensurate with a salary schedule placement of step. The District reserves the right to modify this salary as required by the District s budget. The salary shall be paid in arrears in 12 monthly installments on the last day of each month following rendition of service, or on the same monthly payroll date as is used for other District employees. Notwithstanding any provision of this Agreement to the contrary, the District may institute work furloughs, and thereby reduce the workday, workweeks, or any other work period. During such periods, Employee shall not be compensated, nor be requested to perform any duties for the District. Other than the payment of salary, all other benefits under this agreement shall continue during such work furlough period. Administrators are required to work 228 days per year. 6. Benefits. During the term of this Agreement, Employee shall be entitled to receive all health, dental, retirement, leave, and life insurance benefits afforded to all academic District administrators, as authorized by Board resolution or policy or by the Special Trustee. The District reserves the right to change or alter any of the benefits during the term of this Agreement, except for retirement benefits governed by law. 7. Vacation. Employee shall accrue vacation and sick leave at the same rate as all academic District administrators, as authorized by Board resolution. Employee may accumulate unused vacation days during the term of this Agreement, up to a maximum days.

2 8. Medical Examinations. Employee shall file with the District a statement from a physician, or a negative card from the Public Health Association, dated within sixty (60) days prior to the effective date of this Agreement, giving evidence of freedom from active tuberculosis, unless such a statement or card is already on file. Employee shall keep all filed statements current in compliance with California Education Code section Evaluations. All evaluations shall be conducted in accordance with applicable District policies and regulations set forth for Academic administrative employees. A written evaluation will occur every year. The District reserves the right to conduct additional evaluations if recommended by either the immediate supervisor or evaluator. 10. Termination. Employee serves in the Position at the pleasure (at-will) of the District. For an Agreement with a term longer than one year, the District may terminate this Agreement at any time with or without cause, in the sole discretion of the District, upon 30 days written notice before the termination date. Employee shall have no right to a hearing, a grievance, or other administrative review to challenge the termination of Employee s assignment. This provision does not affect an administrator s right to continued employment in a faculty assignment, or rights afforded other administrators under Education Code sections , to the extent such rights exist. Notwithstanding the foregoing, for an Employee who has a right to continued employment in a faculty assignment, or rights afforded other administrators under Education Code sections , if Employee engages in conduct subject to discipline under Education Code sections , or others relating to academic employees, the District reserves the right to impose discipline on Employee, up to and including termination, in accordance with provisions of the Education Code applicable to academic employees. This Agreement may also be terminated upon the following: a. Election of Employee. This Agreement may be terminated at the election of the Employee at any time for any or no reason upon written notice. Any such termination shall be effective on a date mutually agreed upon between Employee and the District, consistent with the academic cycle. The annual salary shall be prorated to the effective date of termination and all benefits shall cease on the effective date of the termination. b. Voluntary Retreat to Faculty Position. In recognition of the District s obligation to provide the Employee an opportunity to voluntarily retreat to a faculty assignment under Education Code section or , whichever is applicable, the Employee shall give the District at least 60 days prior written notice of his/her decision to terminate the Position through retreat to faculty. The decision shall be irrevocable upon notice. Upon retreat to a faculty position, Employee shall continue benefits in accordance with the terms of the Collective Bargaining Agreement or District policy applicable to the faculty assignment. c. Retirement. The Employee reserves the right to resign or retire from the District at any time, upon 30 days written notice to the District.

3 d. Non-Renewal of Employment by the District. The District may elect not to renew this agreement with or without cause by providing the Employee with written notice in accordance with California Education Code section 72411(b) and District policy. Notice of nonrenewal of Employment shall be given on or before March 15 of the final year of this Agreement pursuant to Board Policy 3.31(I)(b). 11. Elimination or Modification of Administrative Position. The Parties acknowledge that within the term of the Agreement, the Employee s Position may be eliminated, or the duties of that administrative assignment modified in the sole discretion of the District. In the event Employee s Position is eliminated or the Position s duties are modified in accordance with this paragraph, Employee may have the following options with respect to his/her assignment: if eligible, the Employee may exercise retreat rights to a faculty position or become a first-year probationary faculty member under California Education Code sections ; the Employee may be reassigned to another administrative position; the Employee may have his/her position upgraded or downgraded; or the Employee may be released from any and all administrative positions held. In the event of retreat or reassignment, Employee shall not be entitled to retain the salary, benefits, and title provided for in this Agreement. 12. No Right to Renewal of Employment in Administrative Position. This Agreement is not subject to automatic renewal for the District s failure to provide timely notice of nonrenewal of contract under the provisions of section of the Education Code. Employee understands and expressly agrees that this Agreement serves as notice that Employees administrative Position terminates at the end of the term identified in Paragraph 3, above, and thereafter Employee has no right to continued employment in the administrative Position unless the District offers an extension under the terms of Paragraph 3, or offers a new contract for an administrative assignment, in writing and on terms that are mutually acceptable to the District and Employee. 13. No Right to Monetary Settlement. Employee acknowledges and understands that if Employee s administrative assignment is terminated before the expiration of the term of this Agreement, the District is not obligated to enter into any settlement or pay any salary or benefits for the unexpired term of the Agreement. In the event the District agrees to such a settlement, under Government Code section 53260, such settlement shall not exceed an amount equal to the monthly salary multiplied by the lesser of the number of months remaining in the unexpired term of the Agreement, or 18 months. As required by Government Code section 53261, no settlement shall include any other non-cash items, except health benefits, which may continue for the same number of months upon which the cash formula was based. Employee acknowledges that the references to Government Code sections and do not constitute a commitment or promise to any financial settlement terms Employee may receive as settlement upon termination. 14. Notices. All notices, requests and other communications pursuant to this Agreement shall be in writing and are deemed to have been duly given if delivered in person or by courier, telefaxed, or sent by certified or registered mail, postage prepaid, addressed as follows:

4 District: Special Trustee San Francisco Community College District Conlan Hall, Room E Phelan Avenue San Francisco, California Employee: Employee s address on file with the District. 15. Amendment. This Agreement may only be amended by a written instrument signed by both Parties. 16. Cancellation of Prior Agreements. By executing this Agreement, Employee acknowledges that the terms of this Agreement shall control over all matters stated herein, and that Employee is not entitled to rely upon any prior oral and written agreements or other understandings by and between the Parties including any Board resolution that expressly or impliedly granted different terms and/or conditions for Employee s employment with the District. 17. Board Approval. The Parties recognize that under Board Policy 3.10 this Agreement is not effective until the Board of Trustees establishes a resolution of appointment. In light of the July 8, 2013 appointment of a Special Trustee by the State Chancellor, the Parties acknowledge that while the Special Trustee remains in office, the resolution of the appointment shall be issued by the Special Trustee, not the Board. The Parties agree that the resolution of appointment, the calendar adopted for the Position, and the salary schedule applicable for the Position are incorporated herein by reference, and shall be attached at the time of execution. 18. Compliance with Policies and Procedures. By executing this Agreement, Employee acknowledges that he/she is willing to and will comply with all policies and procedures established by the Board of Trustees. 19. Understanding of Terms. Each party has read and fully understands the terms of this Agreement, and by their signatures below, the Parties acknowledge that such terms were explained by their attorney or representative and are agreed upon by their own free will. 20. Advice of Counsel. The Parties acknowledge that they each have the right to obtain independent legal advice regarding the terms of this Agreement before accepting its terms. By their signatures below, the Parties assert that they have obtained such advice or expressly and voluntarily have waived their right to do so. 21. Construction. This Agreement shall not be construed more strongly against either party, regardless of which has been responsible for its preparation. 22. Severability. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms or provisions of this Agreement shall remain in force and effect.

5 23. Governing Law and Venue. This agreement and the rights and obligations of the parties hereto shall be subject to and construed and enforced in accordance with the laws of the State of California, the rules and regulations of the Board of Governors of the California Community College, and the San Francisco Community College District Board of Trustees policies and regulations as amended from time to time. The Parties also agree that in the event of litigation, venue shall be the proper state or federal court serving San Francisco County, State of California. 24. No Assignment or Delegation. The Employee may not assign or transfer any rights conferred or duties assumed in this Agreement. 25. Entire Agreement. This Agreement contains the entire Agreement and understanding between the parties. There are no oral understandings, terms, or conditions, and neither party has relied upon any representation, express or implied, not contained in this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year indicated below. Dated: Employee Dated: Chancellor