! First Amendment to the Agreement Between the Board of Education of the Malverne Union Free School District ("Board") and Dr. James H. ff underfund ("Syperiotendent") WHEREAS, the parties entered into an Agreement dated July 5, 2016 whereby the Board employed the services of Dr. James H. Hunderfund ("Superintendent") as Superintendent of Schools of the Malverne Union Free School District ("Agreement"); and WHEREAS. pursuant to a resolution adopted by the Board at its meeting held June 13, 2017, the Board authorized a First Amendment to the Agreement; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed by and between the parties as follows: FIRST: SECOND: The Agreement dated July 5, 2016 is hereby ratified and affinned. Paragraph 6(d} of the Agreement, "Tax Sheltered Annuity," shall be amended effective July 1, 2017 to read in its entirety as follows: '{d) Tax Sheltered Annuity. The District shall contribute the total sum of Thirty Seven Thousand Five Hundred Ninety Dollars ($37,590) to such tax sheltered annuity as the Superintendent shall designate in writing. Such payment shall be made by July 15 1 h of each year of this Agreement." THIRD: Add the following new provision to Paragraph 6 of the Agreement, "Other Benefits": '(f) Bereavement Leave. Up to five days with pay without charge to leave credits due to the death in the Superintendent's immediate family. "Immediate family" shall mean parent, spouse, child. sibling. or othr relative residing within the Superintendent's household. Bereavement days for other than members of the Superintendent's immediate family may be granted at the discretion of the Board."
FOURTH: In au other respects, the Agreement dated J u]y 5, 2016 shall continue in full force and effect. Dated: June 24, 2017 Malverne, New York For the Board of Education: r. James H. Hunderfund Superintendent N:\MALVERNE\SupL C1111\2017 HIINDERFUND ISi AMENDMENT Jldoc -
.... i EMPLOYMENT AGREEMENT BETWEEN THE BOARD OF EDUCATION OF Tm: MAL VERNE UNION FREE SCHOOL DISTRICT AND DR. JAMES H. HUNDERFUND AGREEMENT made thi.f!!' -pl!/iuty 2016 by and between the Board of Education of the Malverne Union Free School District, with offices at 301 Wicks Lane, Malverne, New York 11565 ("the Board") and Dr. James Hunderfund, residing at ("the Superintendent"): WITNESS ETH: WHEREAS, the Board has offered to employ the Superintendent as Superintendent of Schools of the Malverne Union Free School District ( 0 the District") upon the tenns and conditions set forth herein; and WHEREAS, the Superintendent has accepted the Board's offer of employment on the terms and conditions set forth herein; and WHEREAS, it is the parties' belief that a written contract fully specifying the terms and conditions of the Superintendent's employment by the District will promote effective communication and true understanding between the parties; and WHEREAS the parties have mutually agreed upon the following terms and conditions relative to the Superintendent's employment by the District; -~- NOW, THEREFORE, in consideration of the agreements and other good and valuable
consideration, the parties agree as follows: 1. Tenn. Pursuant to this Agreement, the Superintendent's tenn of employment shall be for the period commencing July 1, 2016 through June 30, 2020, unless further extended or sooner tenninated as hereinafter provided. The Superintendent agrees to perfonn, to the best of his ability, the duties of such position. 2. Certification. The Superintendent shall at all times during the tenn of his employment with the District possess a valid certificate to act as a superintendent of schools in the State of New York. 3. Superintendent's Duties and Responsibilities. The Superintendent shall be the Chief Executive Officer of the District and shall have the power and obligation to perfonn all those duties and accept all those responsibilities as are: (a) set forth in Section 1711 of the Education Law of the State of New York, including any amendments thereof or successor statutes thereto; (b) specified in the Policy Manual of the Board; (c) nonnally associated with the position of Superintendent of Schools; (d) imposed upon or granted to a superintendent of schools under the provisions of the Education Law or other statute of the State of New York, or by Rule or Regulation of the Commissioner of Education; (e) imposed, from time to time, by the Board, provided that such are in character and consistent with the position of superintendent of schools. The Superintendent agrees to perform all the services and duties imposed upon a superintendent of schools by the Education Law of the State of New York, and such other services and duties usually perfonned by a Superintendent of Schools in said District or a similar 2
,/ district and such additional powers and duties as shall, from time to time, be delegated to the Superintendent by the Board, provided that same shall be consistent with the office of superintendent of schools. 4. Salary. The Superintendent's base salary for the period July 1, 2016 through June 30, 2017 shall be Two Hundred Thirty-Four Thousand Five Hundred Dollars ($234,500). The Superintendent's salary shall be paid in equal installments in accordance with the rules of the Board governing salary payment to other District administrative employees. The salary for subsequent year(s) of this Agreement shall be negotiated with the Board, subject to the performance evaluation provisions set forth herein. In no event shall the base salary of the Superintendent be less than the base salary which he received in the preceding school year. 5. Work Year, Holidays. The Superintendent shall have a twelve month work year, July 1 through June 30, and shall not be required to work during school recess periods (i.e., Christmas recess, February recess, Easter/Passover recess) or days designated as school holidays except in circumstances which require the Superintendent's attendance. 6. Other Benefits. The Superintendent shall be entitled to the following benefits: (a) Life Insurance. During the tenn of the Superintendent's employment, the District will provide the Superintendent with a tenn life insurance policy with a total face value of $300,000, subject to the insurance carrier's standard reduction in coverage at age 70, at which time the face value of the policy shall be reduced in accordance with said standard reduction. (b) Disability Insurance. The District will provide the Superintendent coverage under its group disability policy, which will provide the Superintendent a monthly benefit in the amount of 3
60% of covered monthly earnings, with a maximum benefit of $ I 0,000 per month, provided, however, that the amount in excess of the standard $5,000 maximum monthly payment shall be subject to the Superintendent's providing evidence of insurability satisfactory to the carrier, and provided further that disability coverage shall be provided for a maximum duration of two years. (c) Optical Insurance. The District will provide the Superintendent with family optical coverage in accordance with the District's group optical plan, at no premium cost to the Superintendent. (d) Tax Sheltered Annuity. The District shall contribute the total sum of Thirty Thousand Five Hundred Ninety Dollars ($30,590) to such tax sheltered annuity as the Superintendent shall designate in writing. Such payment shall be made by July 15 th of each year of this Agreement. ~ (e) Sick Days. The Superintendent shall be granted 18 paid sick days per year, which shall be cumulative. Four of such days in any one year can be used for personal reasons. 7. 7. Vacation. The Superintendent shall be entitled to 28 paid vacation days annually, with the option to convert up to ten days of unused accumulated vacation days to their cash equivalent annually at the rate of 11240th of the Superintendent's then-current annual base salary. The Superintendent shall be permitted to carry over all unused vacation days into the next subsequent contract year. 8. Expense Reimbursement. The Superintendent is authorized, within budgetary limitations established therefor and with the prior approval of the Board, to incur reasonable expenses in the discharge of his duties, including, but not limited to, expenses for travel and 4
lodging, professional association dues and fees, attendance at professional conferences and at meetings on national, state and local levels, and similar items related to his employment. The District shall pay or reimburse the Superintendent for such expenses upon the presentation of an itemized account of such expenditures on forms required by the District's business office within thirty days of the date such expenses were incurred. 9. Indemnification. The Board agrees to provide legal counsel and to indemnify the Superintendent against all uninsured financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence or other conduct resulting in bodily or other injury to any person or damage to the property of any person committed while the Superintendent is acting within the scope of his employment or under the direction of the Board. The Superintendent shall also be entitled to all protections of all New York State statutes providing indemnification and legal defense to officers and employees of the District, including, but not limited to, Public Officers Law Section I 8. 10. Retirement Savings Salary Option. The Superintendent shall have the option each year of the agreement to re-direct a portion of his sahuy, to the maximum allowable under applicable law, to a direct deposit in a Section 403(b) and/or Section 457 retirement fund account. Should the Superintendent choose to exercise this option, he must notify the District's business office in writing by no later than June I. The District shall make the said payment as directed to the designated fund in a single payment by no later than July IS. 11. Performance Evaluation. (a) The Board shall devote at least a portion of one meeting between the months of April, May and/or June of each year of the Superintendent's employment to an evaluation in s
executive session of his perfonnance and his working relationship with the Board. At the meeting(s), the Board shall consider the perfonnance criteria detailed in Attachment "A." (b) The Superintendent shall, no later than the first Monday in June, provide to the Board a preliminary "End of Year Report of Progress," which shall include the Superintendent's self evaluation as related to the perfonnance criteria detailed in Attachment "A." The Board shall review the Superintendent's preliminary "End of Year Report of Progress," and may schedule a meeting in executive session with the Superintendent to review the preliminary report, if the Board deems necessary. (c) The Superintendent shall, no later than the fourth Monday in June, submit to the Board a supplement to the "End of Year Report of Progress" containing available academic results, including standardized testing results for the District. The Board shall review the supplement, and may schedule a meeting in executive session with the Superintendent to review the supplement, if the Board deems necessary. (d) The Board, having considered the Superintendent's and its members' responses to the performance criteria provided in Attachment "A," as well as the entire "End of Year Report of Progress," shall reduce said evaluation to writing. The Superintendent shall be provided with a copy of the evaluation signed by all Board members at least seven (7) days prior to a subsequent executive session of the Board at which said evaluation will be discussed with the Superintendent. The subsequent executive session shall be at either the regularly scheduled June or July Board meetings, or at a specially convened meeting called for this purpose. 12. Other Work. The Superintendent shall devote his full time, skill, labor and attention to the discharge of his duties as superintendent during the term of this agreement, 6
provided, however, that upon prior notice to and approval of the Board, he may undertake consultative work, speaking engagements, writing, lecturing or other professional duties, obligations and activities, with or without remuneration, so long as such activities do not interfere with the full and faithful discharge of his duties and responsibilities as specified herein. 13. Termination. (a) Throughout the term of this Agreement, the Superintendent shall be subject to discharge for physical disability or mental incapacity which precludes him from the performance of his duties, or for good and just cause, provided that the Board does not arbitrarily or capriciously call for his dismissal. The Superintendent shall have the right to service of written charges, notice of hearing and a fair hearing conducted before an American Arbitration Association arbitrator mutually selected by the Board and the Superintendent. If the Superintendent chooses to be represented by legal counsel at such hearing, said legal expenses shall be borne solely by the Superintendent The Superintendent shall receive his full pay and benefits as provided by this agreement until the completion of said hearing and the final decision by the arbitrator. The decision of the arbitrator shall be final and binding on the parties. (b) Upon termination of this agreement for any reason, the Superintendent shall be entitled to payment for one-half of the Superintendent's unused sick leave at the rate of 11240th the Superintendent's then-current annual base salary; and payment of all unused vacation days at the rate of l/240th the Superintendent's then-current annual base salary. 14. Mutual Termination. The majority of the Board, by resolution, and the Superintendent may mutually agree in writing to terminate or otherwise modify this Agreement during the term thereof. 7
15. Governing Law. This Agreement has been entered into under, and shaji be governed in accordance with, the Jaws of the State of New York. 16. Paragraph Headings. The paragraph headings in this Agreement are for convenience of reference only; if there is a conflict between any such heading and the te,ct of this Agreement, the text shall control. 17. Written Agreement. This Agreement shall continue in full force and effect for the tenn expressed herein, unless otherwise tenninated, modified or extended in accordance with the provisions hereof, and shall not be susceptible to oral modifications, nor shall parol evidence be admissible to establish any oral modification thereof. 18. Severability. The invalidity or unenforceability of any provision herein shall in no way affect the validity or enforceability of any other provision. For the Board of Education Malverne Union Free School District By: hn Tulley, P..,;idcn~ HUNDERfUND FINAL AGT 2016-2020.R.2.rtf 8
, 07/07/2016 08:02 5165962910 MALVERHEADMIH: PAGE 13/13 ATTACHMENT "A'' E\laluatioli of the SaperintetJdeut of Schools School Year. Name Date 1. Discuss the relationship with board of education. Include areas such as attendance and participation at meetings, communication and mfoijdation dissemination, goals and objcctives and professional rccommcada:lions to the board. 2. Discuss the odw:atlonal direction and lcadc:rsbip of the district including policy.ad procedure d&welopmmit, instructional proaram, curriculum. 111d advances in..cducatioaaj advancement. 3. Dcscnbe tho rdationships and tnanagemi:dt of pmonnel. Include recruitment ad retention, union relafionsbips and cost dfective management and distributi()n of district pcrsonnel. Consider pojicy and pro=dure.s, position OOilttol, P'IDDben and type.c; of positiolls, aud professional d~elopment 4. Review the financial managemen.t of the district i~lwting budget dc:vclopment and management and through the business office of all financial contt'ol, and procedures. S. Describe process and jmpjcmemation of the facilities managcsnentlbuilding plan. Includina rcc:ommc:ndations fi>r improvements; altaatiom both on grounds and facilities. 6. Discuss community telations in tenns of 001DDl\llllcation, media relations, vitlbility and inclusivc:oess. 7. Discuss student relations in tcun.s of communication, vi&1'biuty and enforcement of board policy through administrators. 8. Dcscn'bc the mpcrinleddent's professional development ac1tvitles throughout the year. 9. Descabc tbe superintcndent,s personal qualities that make him e:ffective/mcifectivc in pc:d"onning bis duties. Discuss judsment. poise, communication skills, delegation and pmonal respons,oility of sel 10. Disc:uai, coordination of the following functions across the district: a Planning b. Orpnmng c. Control Process d. Decision Making c. Ptoble.ni solving f. Connnunic:ations