NORWICH CITY SCHOOL DISTRICT DEPUTY SUPERINTENDENT'S CONTRACT

Transcription

1 NORWICH CITY SCHOOL DISTRICT DEPUTY 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 Robert G. Wightman, currently residing at 4359 Indian Field Rd., Clinton NY (hereinafter called the "Deputy Superintendent"). That the said Board does hereby employ the said Robert G. Wightman as Deputy Superintendent for a five year period commencing August 16, 2017 and extending to August 15, Both parties agree that said employee shall perform the duties of the Deputy Superintendent and other such duties as assigned by the Superintendent and/or the Board of Education 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 a base salary of $ 158, for the school year, retroactive to July 1, 2017, which will be increased by 2.5 % annually on July 1 of each year thereafter over the term of the contract, and such other valuable consideration set forth herein, the said Deputy Superintendent agrees to perform faithfully the duties of Deputy Superintendent as set forth in the Job Description attached hereto as Schedule A and shall attend all regular and special meetings of the Board of Education, unless specifically excused from such meeting by the Superintendent. 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 Deputy 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 Deputy 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 Deputy 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 Deputy 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 Deputy Superintendent's Agreement, written charges shall be prepared and served personally or by certified mail upon the Deputy Superintendent who shall be allowed at least ten (10) working days for answering the same in writing. The Deputy Superintendent shall state in the answer whether or not a hearing on the charges is desired. Page 1 of 5

2 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 Deputy 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 Deputy 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 determination of whether he is guilty of such charges in any other forum. The hearing shall be conducted by the arbitrator in executive session. The Deputy 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 Deputy Superintendent may be suspended with pay. The Deputy Superintendent shall not be assigned duties or responsibilities inconsistent with the position of Deputy 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 Deputy Superintendent, the Board retains the right to purchase the remaining term of this Agreement. 4. The Deputy 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 Deputy Superintendent in the State of New York as directed by the Board. 5. The Deputy Superintendent hereby agrees to devote his time, skill, labor and attention to said employment during the term of this contract, provided, however, that the Deputy Superintendent, by agreement with the Board, may undertake consultative work, speaking engagements, writing, lecturing or other professional duties and obligations subject to the approval of the Superintendent 6. Should the Deputy Superintendent be unable to perform any or all of his duties by reason of illness, accident, or other cause beyond his control and said disability exists for a period of more than six months during any school year, the Board may, in its discretion, make a proportionate deduction from the salary stipulated subsequent to the Deputy Superintendent having exhausted all of his accumulated leave benefits. If such disability continues for more than six months, or if said disability is permanent, irreparable, or of such nature as in the discretion of the Board, will make the performance of his duties impossible, the Board may, at its option, terminate this agreement, whereupon the respective duties, rights and obligations hereof shall terminate. However, the Board may not terminate this agreement under this paragraph until all of the Deputy Superintendent's accumulated leave benefits have been exhausted. Page 2 of 5

3 7. The Deputy 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. 8. If during the term of this contract the Deputy Superintendent establishes residency within the Norwich City School District, The Board will adjust the then current base salary of the Deputy Superintendent by an additional $10, The Board will assume the costs for expenses incurred in moving the Deputy Superintendent, his furniture, household goods, and related personal belongings from his current residence to the district. The Deputy Superintendent will procure two written estimates for approval by the Board prior to the relocation. The maximum cost to be assumed by the Board for moving expenses shall be $10, Each school year the Superintendent shall evaluate the performance of the Deputy Superintendent. The evaluation shall be based upon performance criteria as mutually established by the Superintendent and the Deputy Superintendent by September 1 of each year which shall be reduced to writing in a form mutually agreed upon by the parties. The Deputy Superintendent shall be provide with a copy of the written evaluation at least ten (10) days prior to meeting with the Superintendent to discuss such evaluation. The performance evaluation prepared pursuant to this paragraph shall be confidential and shall be kept so by the Superintendent, although it is understood that it may be shared, in executive session, with the Board of Education. 10. The Deputy Superintendent shall receive twenty-five (25) days of vacation annually, exclusive of legal holidays. Vacation leave is subject to the approval of the Superintendent. Vacation may be accumulated up to a maximum of forty (40) days. If the Deputy Superintendent accumulates more than forty (40) days of vacation in a school year, the Deputy Superintendent must use this amount over forty (40) days or lose it on the last day of the school year. At the Deputy Superintendent's discretion, the Board agrees to reimburse the Deputy Superintendent for any unused vacation days per school year at his daily rate. In the event of death, retirement or separation of service, the Deputy Superintendent or his estate shall be compensated in cash for accrued vacation days only up to a maximum of forty (40) days at the per diem compensation rate. The Deputy Superintendent shall be entitled to fifteen (15) days of sick leave annually. Two (2) of the sick days may be taken for personal business during any one school year. Earned sick leave may be accumulated up to a maximum of two hundred twenty-five (225) days. In the event of death, retirement or separation of service, the Deputy Superintendent or his estate shall be compensated in cash for accrued sick days only up to a maximum of two hundred and twenty five (225) days at the rate of $200 per day. 11. The Deputy Superintendent shall be entitled to fifteen (15) paid holidays per year to include New Year's Eve Day, New Year's, President's Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Page 3 of 5

4 Thanksgiving Day plus one day after, Christmas Eve Day, Christmas Day, plus one Floating Holiday. 12. The Deputy Superintendent shall be entitled to five (5) days of personal leave of absence per school year, upon the approval of the Superintendent for religious, personal, legal business, family matters or bereavement. 13. The Board will reimburse $2,000 annually for the Deputy Superintendent's purchase of term life and/or disability insurance. The premium for this policy becomes the sole responsibility of the Deputy Superintendent upon his separation from the District. 14. The Deputy Superintendent shall attend appropriate professional meetings at the local, state and national level as approved by the Superintendent or the Board of Education, the expenses of said attendance to be incurred by the District up to $2,000 annually. The District expects the Deputy Superintendent to continue his professional development and expects him to participate in relevant learning experiences. The Deputy Superintendent shall file an itemized expense statement for such activities with the Superintendent. 15. The Deputy Superintendent shall have the right to review and obtain a copy of materials in his personnel file, except pre-employment materials. This request shall be done by the Deputy Superintendent at the District offices during regular business hours. The Deputy Superintendent shall have the right to submit a rebuttal of reasonable length to any material placed in his personnel file. Such response shall be placed in the file, along with the material being responded to. The Deputy Superintendent will receive a copy of any material placed in his file that is derogatory in nature. 16. The Board shall save harmless and protect the Deputy Superintendent from financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence or other act resulting in accidental bodily injury to any person and/or damage to the property of any person within or outside of the school district provided the Deputy Superintendent was acting in the discharge of his duties, and within the scope of his employment and/or under the direction of the Board when such alleged or actual personal injury or property damage occurred. The Deputy Superintendent shall, within five (5) days of the time he is served with any summons, complaint, process, notice, demand or pleading, deliver the original or accurate copy thereof, to the Superintendent and the Board. 17. The Board shall pay 90% of the cost of the premiums for both individual and family coverage for the Deputy Superintendent in the district's health and dental insurance programs. 18. The Board shall deduct such annual amount as may be designated by the Deputy Superintendent from the Deputy Superintendent's base salary to purchase a tax deferred annuity, an Individual Retirement Account or other flexible spending account for the Deputy Superintendent with a company designated by the Deputy Superintendent. 19. In the event the Deputy 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 Deputy Superintendent. Page 4 of 5

5 20. A retirement benefit will be made available to the Deputy Superintendent who is otherwise eligible to retire under the provisions of the New York State Teachers Retirement System (TRS).Upon the Deputy Superintendent's retirement, i.e. at such time as he draws TRS benefits, the Board shall pay fifty percent (50%) of the cost of the Deputy Superintendent's Health and Dental insurance premiums for the term of his life. Ten percent shall be added to the Board s cost share of the insurance plans beginning in the 2017/2018 school year and for each additional year through the 2019/2020 School Year that the Deputy Superintendent remains employed by the District. Should the Deputy Superintendent predecease his wife the same benefits and cost share percentage will continue for his wife. The health insurance plan shall be the same plan as is available for active District employees, and the Deputy Superintendent shall have the right to select either individual or individual and dependent coverage. Dated this day of, 2017 Sworn to before me this day of, 2017 President, Board of Education Notary Public Dated this day of, 2017 Sworn to before me this day of, 2017 Deputy Superintendent, Board of Education Notary Public Page 5 of 5