NORWICH CITY SCHOOL DISTRICT

Transcription

1 NORWICH CITY SCHOOL DISTRICT THE SUPERINTENDENT'S CONTRACT It is hereby agreed by and between the Board of Education of the City School District of the City of Norwich, County of Chenango, in the State of New York (hereinafter called the "Board"), and Gerard M. O'Sullivan, currently residing at 491 Cooley Lake Road, Norwich NY 13815, (hereinafter called the "Superintendent"). That the said Board does hereby employ the said Gerard M. O'Sullivan as Superintendent for a five year period commencing August 27, 2014 and extending through August 27, Both parties agree that said employee shall perform the duties of the Superintendent in and for the public schools in said district as prescribed by the laws of the State of New York and by the rules and regulations made thereunder by the Board of said District. WITNESSETH: 1. In consideration of an annual salary of $164,705, the said Superintendent agrees to perform faithfully the duties of Superintendent as set forth in Education Law Section 2508 and to serve as Executive Officer of the Board as provided in the Job Description attached hereto as Schedule A. The annual salary shall be increased by 2.5% each year of the contract. The annual salary shall be paid in equal installments in accordance with the rules of the Board governing payment of other professional staff members in the District. 2. The Board hereby retains the right to adjust the annual salary of the Superintendent during the term of this contract, said salary adjustment not to reduce the annual salary unless such decrease is part of a uniform plan affecting salaries of all employees of the school district. Any adjustment in salary made during the life of this contract shall be in the form of an amendment and shall become a part of this contract, but it shall not be considered that the Board has entered into a new contract with the Superintendent, nor that the expiration date of the existing contract has been extended. The Board may, by specific action, extend the expiration date of the existing contract. 3. Throughout the term of this Agreement, the Superintendent shall be subject to discharge for good and just cause; provided, however, that the Board does not arbitrarily or capriciously call for his dismissal, and that the Superintendent shall have the right to service of written charges, notice of hearing, and a fair hearing as provided herein. Upon a determination made by the Board in executive session that there is probable cause for terminating the Superintendent's Agreement, written charges shall be prepared and served personally or by certified mail upon the Superintendent who shall be allowed at least ten (10) working days for answering the same in writing. The Superintendent shall state in the answer whether or not a hearing on the charges is desired. If no hearing is requested, the Board shall take such action as it deems appropriate in the circumstances, which action shall be final and binding on the Superintendent. If a hearing is requested, the parties agree to submit the charges to arbitration subject to the Voluntary Labor Arbitration rules of the American Arbitration Association. By proceeding to arbitration, the Superintendent agrees that he has chosen the exclusive remedy and forum in regard to the determination of the charges and cannot proceed against the Board in the

2 determination of whether he is guilty of such charges in any other forum. The hearing shall be conducted by the arbitrator in executive session, said hearing to occur within thirty (30) days of the selection of the arbitrator. The Superintendent shall have a reasonable opportunity to defend himself and an opportunity to testify on his own behalf. Each party shall have the right to be represented by counsel, to subpoena witnesses and to cross-examine witnesses. During the pendency of the hearing the Superintendent may be suspended with pay, but the Superintendent shall not be assigned duties or responsibilities inconsistent with the position of Superintendent of Schools. The arbitrator shall make his or her determination within thirty (30) days of the conclusion of the hearing. Either party may appeal the decision of the arbitrator as provided by law. The costs of the administrative fees for the arbitration and the arbitrator shall be borne by the Board. In the event that the decision of the arbitrator is to reinstate or maintain the employment of the Superintendent, the Board retains the right to purchase the remaining term of this Agreement. 4. The Superintendent shall furnish throughout the life of this contract a valid and appropriate certificate as defined in the New York State Education Law to act as Superintendent in the State of New York as directed by the Board. 5. The Superintendent hereby agrees to devote his time, skill, labor, and attention to said employment during the term of his contract, provided, however, that the Superintendent, by agreement with the Board, may undertake consultative work, speaking engagements, writing, lecturing or other professional duties and obligations. 6. The Superintendent will 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 Norwich City Schools. The responsibility for selection, placement and transfer of personnel shall be vested in the Superintendent subject to approval by the Board, and the Board, individually and collectively, will refer promptly all criticisms, complaints, and suggestions called to its attention to the Superintendent for study and recommendation. 7. The Superintendent does hereby agree to have a comprehensive medical examination once each year. A statement certifying to the physical competency of the Superintendent shall be filed with the Clerk or Secretary of the Board and treated as confidential information by the Board. The cost of said medical examination shall be borne by the District to the extent not covered by applicable health insurance. 8. The Superintendent shall either have use of a District owned vehicle, if available, for business use or be compensated at the rate consistent with District policy for the use of his personal car while on school business outside the boundaries of the school district. 9. The Board shall devote at least a portion of one meeting during the months of November and April in each year of the Superintendent's employment by the District to an evaluation in executive session of his performance and his working relationship with the Board. The evaluation shall be based upon performance criteria as mutually established by the Board and the Superintendent by September 1 of each year which shall be reduced to writing in a form mutually agreed upon by the parties. The Superintendent shall be provided with a copy of the written evaluation at least five (5) days prior to the executive session of the Board scheduled to discuss such evaluation. The performance evaluation prepared pursuant to this paragraph shall be confidential and shall be kept so by the Board and individual Board members.

3 10. The Superintendent shall receive 35 work days paid vacation each school year, exclusive of holidays. Vacation days may accumulate. At the Superintendent s discretion the Superintendent may be reimbursed for up to ten days of unused vacation at the per diem. In the event of death, retirement or separation of service, the Superintendent shall be compensated for accrued and unused vacation days. 11. The Superintendent shall be entitled to sixteen (16) days of sick leave annually. Two (2) of the sick days may be taken for personal business during anyone school year. Earned sick leave may be accumulated up to a maximum of two hundred twenty (220) days: The Board agrees to credit the Superintendent with seventy-five (75) sick days upon employment, said days to be transferred from his current employer and to be above and beyond the sixteen (16) days allowed per year. 12. The Superintendent shall be entitled to fifteen (15) paid holidays per year consistent with the school/office calendar for each year. 13. The Superintendent shall be entitled to five (5) bereavement days per incident, noncumulative, for death in the Superintendent's immediate family. 14. The Board shall provide to the Superintendent an amount not to exceed $1,500 in each year of this agreement for purposes of providing the Superintendent a life or disability insurance policy from an insurance company of the Superintendent's choice. The Superintendent shall present evidence of such policy in force to the Business Office at least once each school year. 15. The Superintendent shall, upon approval of the Board, attend appropriate professional meetings at the local, state and national level, the expenses of said attendance to be incurred by the District. The Board expects the Superintendent to continue his professional development and expects him to participate in relevant learning experiences. The Superintendent shall file an itemized expense statement for such activities with the Clerk. 16. The Board agrees to pay for the Superintendent's membership in the following professional organizations: a. The American Association of School Administrators b. The New York State Council of School Superintendents c. Local Superintendents' Organization In addition, the Board agrees to pay for the Superintendent's membership(s) or fees in local service organizations, said payments not to exceed $250 per year. 17. The Board shall pay 95% of the cost of the Superintendent's premium for individual health insurance coverage and 90% of the premium for family health insurance coverage. 18. The Board shall pay 95% of the cost of the Superintendent's premium for individual dental insurance coverage and 90% of the premium for family dental insurance coverage. 19. The Board shall deduct such annual amount as may be designated by the Superintendent from the Superintendent's base salary to purchase a tax deferred annuity, an Individual Retirement Account or other flexible spending account for the Superintendent with a company designated by the Superintendent.

4 20. In the event the Superintendent wishes to terminate this contract for any cause, he shall give the Board at least sixty (60) days prior written notice of his intention to resign his position as Superintendent. 21. The Superintendent shall, on or before April 1, 2006, establish and maintain his true, fixed, and permanent home within the legal boundaries of the Norwich City School District. 22. A retirement benefit will be made available to the Superintendent who is otherwise eligible to retire under the provisions of the New York State Teachers Retirement System (TRS). a. Upon the Superintendent retirement, separation or death the Superintendent shall be compensated $250 per day for each day of accumulated and unused sick leave not to exceed a maximum of two hundred twenty (220) days. The seventy-five days granted to the Superintendent upon his initial employment shall be excluded from this calculation. b. $200 for each full year of administrative service to the Norwich School District. Should the retiring Superintendent so desire, all or a portion of the above retirement benefit may be used for the payment of health and/or dental premiums in retirement. c. Upon the Superintendent's retirement or separation from the District, the District shall pay fifty percent (50%) of the cost of the Superintendent's health and dental insurance premiums. Ten percent shall be added to the cost of the insurance plans beginning with the 2014/2015 year for each additional year the Superintendent remains employed by the District. Should the Superintendent predecease his wife the benefits will continue for his wife. The health insurance plan shall be the same plan as is available for active District employees, and the Superintendent shall have the right to select either individual or individual and dependent coverage. 23. The Superintendent shall fulfill all aspects of this contract, any exception thereto being by mutual written consent of the Board and the Superintendent. Failure to fulfill the obligations agreed to in this contract will be viewed as a violation of the Administrators' Code of Ethics, will be good and just cause for discharge as noted above, and will be reported by the Board to the appropriate State Educational authorities and State and National Associations of School Administrators. Dated this day of Sworn to before me this day of President, Board of Education Dated this day of Sworn to before me this day of

5 Clerk, Board of Education Dated this day of Sworn to before me this day of Superintendent