EMPLOYMENT CONTRACT: LIBRARIAN Catholic Schools of the Archdiocese of Galveston Houston

Transcription

1 EMPLOYMENT CONTRACT: LIBRARIAN Catholic Schools of the Archdiocese of Galveston Houston THIS CONTRACT is entered into in the City of, Texas, by and between School within the Archdiocese of Galveston Houston, hereinafter referred to as the SCHOOL and, hereinafter referred to as LIBRARIAN, a resident of the State of Texas, whose mailing address is. WHEREAS SCHOOL wishes to hire for the position of LIBRARIAN, and wishes to be employed by SCHOOL, both parties wish to enter into this CONTRACT to set forth the terms of such employment. THEREFORE, the parties agree as follows: I. OBLIGATIONS OF THE SCHOOL 1. Term. The term of this CONTRACT shall be for one (1) SCHOOL year, commencing August 1,, and terminating July 31,. Unless terminated earlier pursuant to the terms of this CONTRACT, this CONTRACT shall expire on July 31, ( SCHOOL Year ), and neither party shall have any obligation to the other to enter into a new contract after the expiration of this CONTRACT. This CONTRACT may not be renewed or extended. 2. Salary. SCHOOL shall pay LIBRARIAN, and LIBRARIAN agrees to accept from SCHOOL in full payment for LIBRARIAN S services, a salary of $ dollars per year, paid in installments over the SCHOOL YEAR. Social Security deductions and income tax withholding will be made from LIBRARIAN S salary at the rate provided by law. Other deductions may be made as authorized by LIBRARIAN and Archdiocese of Galveston Houston, hereinafter referred to as the ARCHDIOCESE. No deductions will be made for unemployment insurance because the ARCHDIOCESE and its SCHOOLS are exempt under the Texas Unemployment Compensation Act. Accordingly, LIBRARIAN is not eligible for any unemployment benefits chargeable to SCHOOL. 3. Assignment. SCHOOL hereby hires to serve as LIBRARIAN, and LIBRARIAN hereby accepts and agrees to serve the SCHOOL in this position. SCHOOL reserves the right to reassign LIBRARIAN to another position if the Principal of the SCHOOL determines a reassignment is in the best interest of the school. 4. Salary Payments. Salary payments will be made to LIBRARIAN in accordance with the Parish or SCHOOL payroll policy. 5. Health Benefits. If LIBRARIAN qualifies to participate under the terms of the Archdiocesan Health Plan, SCHOOL shall offer the Archdiocesan Health Plan for Page 1 of 6

2 LIBRARIAN at no cost to LIBRARIAN for the term of this CONTRACT. If LIBRARIAN qualifies to participate under the terms of the Archdiocesan Health Plan, LIBRARIAN has the option to secure coverage under the health benefit plan for his/her dependents through the plan offered by the ARCHDIOCESE, provided that LIBRARIAN pays the premiums for such additional coverage. The health plan currently offered by the ARCHDIOCESE is self- funded. 6. Pension. If LIBRARIAN qualifies to participate in the pension plan of the ARCHDIOCESE, SCHOOL agrees to contribute the amount required to be paid by SCHOOL, pursuant to the pension plan, for the LIBRARIAN S benefit. II. OBLIGATIONS OF LIBRARIAN 7. Job Duties. LIBRARIAN agrees to perform the responsibilities of his/her position and to use his/her best efforts in the performance of his/her duties as assigned by the Principal. LIBRARIAN also agrees to perform such reasonable duties as may be required for the success of SCHOOL and to comply with all policies, rules and regulations of both SCHOOL and the Archdiocesan Catholic Schools Office, as they now exist or as they may be amended from time-to-time in the future. (INITIAL) In addition, LIBRARIAN agrees to follow all reasonable conduct rules set forth by his/her Principal and of the SCHOOL. LIBRARIAN acknowledges that he/she is accountable to the Principal. 8. Roman Catholic Educational Ministry. LIBRARIAN hereby acknowledges his/her responsibility in the educational ministry of the ARCHDIOCESE, through his/her interactions with the students attending SCHOOL and with their parents. LIBRARIAN agrees that an essential function of his/her position is to promote the Roman Catholic ministry, beliefs, teachings, doctrine and faith. (INITIAL) LIBRARIAN agrees to exhibit respect for the Roman Catholic Church and its teachings at all times, through his/her individual conduct and behavior (whether on or off SCHOOL campus and whether on or off duty). (INITIAL) LIBRARIAN agrees to aid in the Faith development of the students attending SCHOOL. (INITIAL) LIBRARIAN further agrees to refrain from engaging in any conduct that may reflect negatively upon, discredit, or tarnish the reputation of SCHOOL, or that is inconsistent with the ministry, beliefs, doctrine, teachings and faith of the Roman Catholic Church, including but not limited to, the Church s teachings regarding marriage and family. (INITIAL) Any violation of the foregoing responsibilities and obligations is grounds for termination of employment for cause. (INITIAL) 9. Catholic Church Values and Teaching. If the LIBRARIAN has questions regarding the policies and teachings of the Catholic Church, the LIBRARIAN shall request clarification through the Pastor, or if a Regional SCHOOL, the designated Pastor. (INITIAL) 10. Eligibility. LIBRARIAN acknowledges that employment with SCHOOL, and this CONTRACT, is contingent upon his/her eligibility for employment following a Page 2 of 6

3 criminal background check, review of references that were provided on his/her application and successful completion of Virtus training. a. LIBRARIAN agrees to complete the Criminal Background Check Authorization Form and to submit it to SCHOOL. A criminal background check will then be promptly conducted. Based on the results of the criminal background check, the SCHOOL may invalidate LIBRARIAN S employment, and this CONTRACT will then become immediately null and void. b. LIBRARIAN agrees to notify the Principal within five (5) days if LIBRARIAN is arrested or charged with, convicted of, granted deferred adjudication or if he/she has entered a plea of nolo contendre to any felony or misdemeanor involving moral turpitude. This notification must be made in writing to the Principal. c. LIBRARIAN agrees to participate in, and successfully complete, the Virtus training program offered by the ARCHDIOCESE. LIBRARIAN agrees to participate in, and successfully complete, any and all updates to this training program. d. LIBRARIAN, regardless of his or her faith acknowledges and agrees to participate in and successfully complete a Catechist Certification program in accordance with the directives of the ARCHDIOCESE. LIBRARIAN agrees to participate in, and successfully complete, any and all updates to this program. 11. Meetings. LIBRARIAN also agrees to attend all faculty meetings, and special inservice meetings scheduled by SCHOOL or the Archdiocesan Catholic Schools Office, and any special functions or meetings at, or on behalf of, SCHOOL as expected or requested by his/her Principal. 12. Other Employment. LIBRARIAN agrees not to engage in any other employment before or after SCHOOL without advance written approval of the Principal. LIBRARIAN affirms that he or she is not a party to any other employment that might interfere with the performance of LIBRARIAN s duties at the SCHOOL. (INITIAL) 13. Absence from Duty. LIBRARIAN will be allowed ten (10) days for personal reasons for the duration of this CONTRACT without a reduction in his/her salary. Paid time off must be scheduled and approved by the PRINCIPAL in advance. Any absence beyond the ten (10) days will place the LIBRARIAN on a leave without pay status. LIBRARIAN will not be entitled to payment for any of the ten (10) days if they are not used by LIBRARIAN during the term of this CONTRACT, even if this CONTRACT is terminated prior to the end of the SCHOOL YEAR. 14. Liquidated Damages. In the event LIBRARIAN breaches this CONTRACT by terminating employment prior to the end of the term, he/she shall pay to SCHOOL Page 3 of 6

4 the sum of two hundred fifty dollars ($250.00) to compensate the SCHOOL for injury by reason of such breach. This sum is mutually agreed to constitute liquidated damages because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which SCHOOL may sustain by reason of the breach, and such sum is agreed as compensation for the injury suffered by the SCHOOL and not as a penalty. Because such damage is likely to be less if LIBRARIAN provides at least two (2) weeks notice of his/her intention to breach, both parties agree that the sum of one hundred twenty five dollars ($125.00) shall constitute the liquidated damages where such notice is provided. LIBRARIAN authorizes SCHOOL to deduct said liquidated damages from any unpaid wages due LIBRARIAN pursuant to this CONTRACT. III. MUTUAL OBLIGATIONS 15. Entire Agreement. This CONTRACT represents the entire agreement between LIBRARIAN and SCHOOL. This CONTRACT supersedes all prior agreements, understandings, negotiations and discussions, written or oral, between the parties. LIBRARIAN acknowledges and agrees that he/she has not received any representations by anyone that would in any way alter the terms of this CONTRACT. This CONTRACT may only be modified by a separate, written document signed by each of the parties and SUPERINTENDENT. 16. Interpretation of the Agreement. SCHOOL and LIBRARIAN agree that any misunderstandings regarding the terms of this CONTRACT shall be resolved according to the process described in the Grievance Policy of the ARCHDIOCESE, and that any decision made in accordance with the Grievance Policy shall be final and binding on both parties. However, failure to offer a new employment agreement upon the expiration of this CONTRACT shall not be subject to any grievance procedure, arbitration, or review. 17. No Offer of Future Employment. There is no express or implied representation that LIBRARIAN will be offered employment for another term at the end of the term of this CONTRACT. Therefore, this CONTRACT shall not be automatically renewed or extended. IV. TERMINATION 18. Mutual Consent. This CONTRACT may be terminated at any time by the mutual consent, in writing, of both parties, and SCHOOL and LIBRARIAN will have no further obligations to the other, other than SCHOOL will owe LIBRARIAN the payment of unpaid wages as of the date of termination of employment. 19. Termination for Cause. The LIBRARIAN may be discharged and salary payments terminated immediately by the SCHOOL during the CONTRACT term for any reasons deemed by the SCHOOL to constitute sufficient cause, which reasons include, but are not limited to: Page 4 of 6

5 a. Failure to satisfy the eligibility criteria, including those set forth in Paragraph 10 of this CONTRACT. b. Failure to perform the duties and responsibilities of LIBRARIAN S position at the level at which LIBRARIAN is expected to perform, in the sole discretion of the Principal. c. Conduct that is insubordinate, in the sole discretion of the Principal. d. Mental or physical incapacity or misuse of drugs or alcohol. e. Violation of any federal, state or local law involving moral turpitude. f. Violation of the policies, rules or procedures of SCHOOL, ARCHDIOCESE, or Archdiocesan Catholic Schools Office. g. Unprofessional or inappropriate conduct, on or off duty, reflecting negatively on LIBRARIAN or SCHOOL, or conduct, on or off duty, impairing the continued effectiveness or ability of LIBRARIAN to perform his/her duties or responsibilities, in the sole discretion of the Principal. h. Any personal conduct or lifestyle that would be inconsistent with or contrary to, LIBRARIAN S responsibilities to promote the Roman Catholic Church and its teachings (as set forth in Paragraph 8 of this CONTRACT) and/or the moral or religious teachings of the Roman Catholic Church as interpreted by the Bishop of Galveston-Houston. i. Any material omission or misrepresentation on LIBRARIAN S application or as part of LIBRARIAN S application process. 20. Payment on Termination for Cause. If TEACHER S employment is terminated for cause, SCHOOL will have no further obligations to TEACHER, other than the payment of unpaid wages as of the date of termination of employment. 21. Additional Termination Provisions. a. The SCHOOL may also terminate this CONTRACT on or before August 24, 2018, due to a decline in anticipated enrollment, other reduction of anticipated revenue, significant unanticipated expenses or liabilities, natural disasters and other acts of God, or other exigencies which, in the sole discretion of the PRINCIPAL necessitate curtailment of the SCHOOL s program in whole or in part or closure of any of its facilities. A determination that termination of the CONTRACT is necessary for any of these reasons shall be made by the PRINCIPAL. In order to terminate the CONTRACT pursuant to this provision, written notification must be hand delivered to the Teacher or mailed to the Teacher at the Teacher s last known address by August 24, Upon termination of the CONTRACT Page 5 of 6

6 pursuant to this subparagraph, the CONTRACT shall be null and void and of no further effect. (INITIAL) b. The SCHOOL reserves the right to terminate the TEACHER for any reason whatsoever upon payment of the remainder of the TEACHER s salary under this CONTRACT. Upon termination of the CONTRACT pursuant to this subparagraph, the CONTRACT shall be null and void and of no further effect, and the TEACHER s employment with the SCHOOL shall end immediately and any benefits will also be terminated in accordance with existing policies of the ARCHDIOCESE. (INITIAL) V. MISCELLANEOUS 22. Choice of Law and Venue. The execution, validity, interpretation, and performance of this CONTRACT shall be determined and governed exclusively by the laws of the State of Texas without reference to conflict of law principles. Venue shall lie exclusively, and is convenient, in Harris County, Texas. 23. Acknowledgement of Understanding. LIBRARIAN acknowledges that he/she has read this CONTRACT in its entirety, and LIBRARIAN fully understands this CONTRACT prior to signing it. LIBRARIAN also understands that the terms and conditions of this CONTRACT are binding and not mere recitals. LIBRARIAN understands that SCHOOL is relying upon the truthfulness of the representations made by LIBRARIAN in this CONTRACT and stated in his/her application for employment. 24. No Waiver. No failure by either party at any time to give notice of any breach by the other party of or to require compliance with, any condition or provision of this CONTRACT shall be deemed a waiver of any provision or condition of this CONTRACT. Any waiver of any part of this CONTRACT will be effective only in a written agreement signed by each of the parties. 25. Effective Date. This CONTRACT does not become effective until the CONTRACT is signed by the LIBRARIAN, the PRINCIPAL, the Pastor of the parish for which SCHOOL is named or, if a regional SCHOOL, the designated Pastor. IN WITNESS THEREOF, the parties have affixed their signatures to this CONTRACT on this day of. LIBRARIAN: Signature Printed name Date PASTOR OR DESIGNATED PASTOR: Signature Printed name Date Page 6 of 6

7 PRINCIPAL: Signature Printed name Date Page 7 of 6