Sei sulla pagina 1di 20
1.00 3.00 ous LOWER DAUPHIN SCHOOL DISTRICT DISTRICT SUPERINTENDENT'S AGREEMENT ARTICLE I - AGREEMENT This Agreement is made and entered into this 20th day of November 2017, by and between the BOARD OF SCHOOL DIRECTORS OF THE LOWER DAUPHIN SCHOOL DISTRICT with offices located at 291 East Main Street, Hummelstown, Pennsylvania, 17036, hereinafter referred to as the "School District" or the “Board of School Directors” or the “Board” and ROBERT K. SCHULTZ, hereinafter referred to as the "District Superintendent", ARTICLE I-PREAMBLE WHEREAS, the Board of School Directors at a meeting of said Board duly and properly called on the 20th day of November 2017, did appoint Robert K. Schultz to the office of District Superintendent for such School District in accordance with the provisions of the ‘Commonwealth of Pennsylvania’s Public School Code of 1949 as amended (hereinafter referred to as the “Public School Code"); and WHEREAS, the parties have agreed upon certain terms and conditions of employment and desire to reduce said terms and conditions to writing. NOW THEREFORE, the parties intending to be legally bound and in consideration of the mutual covenants herein contained do hereby agree as follows! ARTICLE II - DURATION AND ACCEPTANCE OF AGREEMENT The School District does hereby employ Robert K. Schultz in the capacity of District Superintendent of the School District for a term of approximately four and a half years commencing on or before February 19, 2018, and ending on June 30, 2022 (“Tenn”). District Superintendent and Board shall mutually agree, on or before January 31, 2018, upon an exact start date for the Term of the Agreement, 3.01 4.00 4.01 4.02 This Agreement shall terminate immediately upon the expiration of the aforesaid Term unless the Agreement is sooner modified or terminated in accordance with this, Agreement or allowed to renew automatically in accordance with Section 1073(b) of the Public School Code or Article VII of this Agreement ARTICLE IV - NATURE AND TERMS. MANAGEMENT SERVICES During the term of this Agreement the District Superintendent agrees to serve as chief administrator of the School District and as executive officer for the Board of School Directors, and to perform the duties of the District Superintendent in a competent and professional manner in accordance with the laws of the Commonwealth of Pennsylvania, the District Superintendent's Job Description, which is attached hereto as Appendix “A and made a part hereof, and the provisions of this Agreement, LEGAL QUALIFICATIONS ‘The District Superintendent covenants that he possesses all of the qualifications that are required by law to serve as a District Superintendent. The District Superintendent agrees to maintain through the term of this Agreement a valid and current commission or other legal credential as may be required by law and to present the same to the Board of School Directors. He further agrees to subscribe to and take the proper oath of office before centering upon his duties, in accordance with the Public School Code. Any intentional misstatement of fact by the District Superintendent material to his qualifications for employment as District Superintendent shall be considered by the Schoo! Distriet to constitute grounds to initiate dismissal proceedings in accordance with Section 1080 of the Public School Code. ASSESSMENT OF PERFORMANCE A. Itisagreed by the parties hereto that an annual, written, formal assessment of, performance (hereinafter referred to as the “Annual Performance Assessment”) shall be the means by which the School District shall assess the performance of their executive officer, the District Superintendent. The Annual Performance Assessment shall be conducted no later than May 30th of each year of this Agreement, unless another date is Page 2 of 20 mutually agreed upon in writing by the District Superintendent and the Board, The Annual Performance Assessment shall be conducted in an executive session limited to members of the Board of Schoo! Directors (hereinafter referred to a: joard Members”) and the District Superintendent. The evaluation instrument and method used for the ‘Annual Performance Assessment shall be mutually agreed upon in writing by the Board and the District Superintendent. The Board and District Superintendent hereby agree to use the Evaluation instrument and method attached as Appendix “B”, The evaluation instrument and method may be changed upon mutual agreement, in writing, of the Dist ‘Superintendent and the Board. Each judgment made by the Board shall be supported by rational and objective evidence. A copy of the Annual Performance Assessment shall be delivered to the District Superintendent. ‘The District Superintendent shall have the right to make a written response to the Annual Performance Assessment. Both parties agree that the Annual Performance Assessments and the District Superintendents responses made shall be privileged and that Board Members shall respect the confidentiality of the discussions. Board Members shall not reveal confidential information about the District Superintendent's appraisal results except in the case of a dispute between the District Superintendent and School District in which his, performance is or becomes an issue or in response to the District Superintendent making the appraisal results public or with the District Superintendent's agreement or as otherwise expressly required by state or federal law. ‘The District Superintendent's performance shall be deemed satisfactory and the District Superintendent shall not be subject to discipline, discharge or termination on the basis of neglect of duty or incompetency in any year when a formal performance assessment is not completed in accordance with this Agreement. B. The purposes of the Annual Performance Assessment shall be as follows: 1) To strengthen the working relationship between the School District and District Superintendent, enhance the District Superintendent's, effectiveness, and clarify for the District Superintendent and individual Board Members the responsibilities the Board of School Directors relies on the District Superintendent to fulfill; 2) To discuss and establish goals and/or objective performance standards for the ensuing year; and Page 3 of 20 4.03 3). To establish compensation and benefits for the ensuing year in accordance with the Compensation and Benefits provisions of this, Agreement, C. Performance Expectations, Including Objective Performance Standards The performance of the District Superintendent shall be assessed in part against objective performance standards that have been mutually agreed upon by the Board and the District Superintendent, The Board shall post the mutually agreed upon objective performance standards on the District website and shall also annually post the date of the District Superintendent's Annual Performance Assessment and whether of not the District Superintendent met the agreed upon objective performance standards. No other information regarding the District Superintendent's Annual Performance Assessment shall be posted on the District website. The Board and District Superintendent hereby mutually agree to the objective performance standards which are attached hereto as ‘Appendix “C” and made a part hereof and which shall be reviewed and updated as necessary on or before July Ist of each year of this Agreement unless another date is, mutually agreed upon by the Board and District Superintendent ADMINISTRATION OF SCHOOLS ‘The Superintendent shall be responsible for the total day to day administration of the District, the operation and management of the schools and the direction of employees, subject to officially adopted policies of the Board: Provided, however, all the enumerated duties are subject to the Board's broad discretion to delegate to other administrators and/or to remove certain duties and responsibilities. Official contacts between any Board member and the staff of the District shall be through the District Superintendent. Nothing in this section shall preclude the right of Board members to exercise their responsibilities in the areas of monitoring District operations, conducting oversight activities, or visiting schools, as set forth in Board policy or directed by the Board, The parties hereto agree that: (2) The District Superintendent shall furnish recommendations to the Board of School Directors on all matters having to do with selection, appointment, assignment, transfer, promotion, organization, reorganization, reduction, or termination of personnel employed or to be employed by the School District. Page 4 of 20 4.04 () ©) @ The administration of policy, the operation and management of the schools and the direction of employees of the Schoo! District shall be through the District Superintendent. Duties and responsibilities therein shall be performed and discharged by him or by his staff under his direction, ‘The District Superintendent shall have a seat at the Board table and has the right to speak on all issues before the Board of School Directors in accordance with applicable law. The District Superintendent and/or his designee(s) shall have the right to attend all regular and special meetings of the Board of School Directors and all committee meetings thereof, and shall serve as advisor to said committees on all matters affecting the School District. Executive sessions pertaining to the District Superintendent's performance may be held from which the District Superintendent is excluded Criticisms, complaints, and suggestions called to the attention of the Schoo! District shall be referred to the District Superintendent for study, disposition, or recommendation as appropriate: Provided, however, criticisms related to the performance of the District Superintendent shall be handled by the Board of Schoo! Directors. Notice and an opportunity to respond to any such complaint will be provided to the District Superintendent. OTHER WORK In consideration of his employment with the School District, the District Superintendent shall devote his full time, skill, labor and attention to his office and employment. The District Superintendent may undertake and be compensated for outside work, including consultation, speaking engagements, writing, lecturing, adjunet teaching, or other professional obligations, provided he provides prior notice before undertaking such remunerative work. The Board of School Directors reserves the right to restrict outside remunerative work that, because of the required time commitment, interferes with the District Superintendent's obligations pursuant to this Agreement Page 6 of 20 4.06 PROFESSIONAL LIABILITY ‘The School District agrees that it will defend, hold harmless and indemnify District Superintendent from any and all demands, claims, suits, actions and legal proceedings brought against him in his individual capacity or in his official capacity as agent and employee of the School District, provided the incident arose while District Superintendent was acting, or reasonably believed he was acting, within the scope of his employment and the defense of the action and indemnification costs are authorized under the Political Subdivision and Torts Claims Act. This obligation shall survive the termination of this Agreement. INVESTIGATIONS BY THE BOARD In the event that the Board of School Directors directs that any investigation of the District Superintendent's conduct or performance be undertaken, the District ‘Superintendent shall be: (i) notified of the occurrence and purpose of such investigation prior to the commencement of the same, unless such prior notification would unreasonably impede the initiation of the investigation; (ii) granted access to all documents or reports generated at an appropriate time in the investigation and; (Hi) granted the opportunity to respond, verbally or in writing, to any documents, findings or ion at an appropriate time in the investigation. Any investigations undertaken by the Board shall be completed in private without any public disclosure by the Board or the District Superintendent of the commencement or progress of the same, except as may be required to comply with law. Nothing herein shall obligate the Board to share attomey-client privileged or work product information with the District Superintendent following the completion of any investigation of his conduct or performance. conclusions derived from such an investi ARTICLE V - AUTHORITY OF SCHOOL DISTRICT AND DISTRICT 5.00 SUPERINTENDENT ‘The School District on its own behalf and on behalf of the electors of the Schoo! District hereby retains and reserves all powers, rights, authority, duties, and responsibilities conferred upon and vested in it, by the law and the Constitution of the Commonwealth of Pennsylvania save for any powers, rights, authority, duties, and responsibilities limited by the express terms of this Agreement. The Superintendent hereby retains and reserves all Page 6 of 20 6.00 powers, rights, authority, duties, and responsibi ities conferred upon and vested in him and in the Office of Superintendent, by the law and the Constitution of the ‘Commonwealth of Pennsylvania save for any powers, rights, authority, duties, and responsibilities limited by the express terms of this Agreement, ARTICLE VI - COMPENSATION AND BENEFITS COMPENSATION ‘The School District and the District Superintendent agree to the following conditions as they relate to this Agreement or any amendment or extension to this Agreement. @ (b) © @ The established annual salary shall be paid in equal installments in accordance with the policy or agreement governing other twelve (12) month "Management Employees” (as defined in Article XII of this Agreement) in the Schoo! District unless otherwise agreed between the parties hereto. ‘The salary of the District Superintendent shall not be decreased during the term of this Agreement, or through any amendment or extension of this Agreement, without the written approval of the District Superintendent. Effective on the first day of the Term of this Agreement, as identified in Section 3.00, during the first “School Fiscal Year”, (2017-2018) and first full “Schoo! Fiscal Year” (2018-2019) (as defined in Article XII of this Agreement) of this Agreement the compensation of the District Superintendent shall be an annual salary of One Hundred Fifty-Two Thousand Dollars (S152,000.00), prorated for time employed in the 2017-2018 “School Fiscal Year”. ‘The School District shall annually review and adjust the District Superintendent's Salary in accordance with the following provisions. Page 7 of 20 (1) The District Superintendent shall receive a base salary increase of no less than 2% and no greater than 4%, as set by the yearly PA Act | adjusted School District index, in per annum salary beginning the third “School Fiscal Year” (July 1, 2019-June 30, 2020) of this Agreement. 2) The District Superintendent shall receive a base salary inerease of no less than 2% and no greater than 4%, as set by the yearly PA Act I adjusted School District index, in per annum salary beginning the fourth “Schoo! Fiscal Year” July 1, 2020-June 30, 2021) of this Agreement. (3) The District Superintendent shall receive a base salary inerease of no les the yearly PA Act | adjusted School District index, in per annum salary beginning the fifth “Schoo! Fi 2021-June 30, 2022) of this Agreement, than 2% and no greater than 4%, as set by cal Year duly 1, An overall rating of "Unsatisfactory" shall result in no salary increase for the following fiscal year. (©) Anadditional increase may be provided at the discretion of the School District for merit based on the results of the Annual Performance Assessment, Any merit pay shall not be added to the base salary. (Q_Inaddition, in its sole discretion, the Board may provide additional increases to the District Superintendent's salary. In annually adjusting the Superintendent's salary, the School District may take into consideration the results of the Annual Performance Assessment as described in Article IV of this Agreement and equitable increases to align the salary with other administrators in the district or in the geographic region. Any such increase shall be added to the base. (g) The Schoo! District in annually adjusting salary shall not be considered to have entered into a new agreement with the District cuss. Page 8 of 20 Superintendent or to have extended the term: Agreement. VACATION LEAVE AND HOLIDAYS. 6.01 The District Superintendent shall receive twenty (20) days of vacation leave annually with full pay, which shall be credited as prorated on the first day of the Term of this Agreement as identified in Section 3.00, and credited in full on July 1, 2018 and July 1% of each subsequent year of this Agreement, If'work conditions prevent the taking of all vacation days, on June 30" of each year of this Agreement preceding the last year of this Agreement, the District Superintendent's unused vacation leave, if any, shall be adjusted as follows: * The School Dist ct shall make a lump sum cash payment to the District ‘Superintendent in the amount of his then-current per diem rate of pay for each of the first twelve (12) days of unused vacation leave, which shall then be treated as used; and * Additional unused vacation leave will be carried over into the next “School Fiscal Year”, Days of vacation leave deferred to the next School Fiscal Year must be used by September 10 of that School Fiscal Year. ‘+ Payment shall be based on the per diem rate of pay in effect at the time of payment as certified by the payroll accountant and shall be made as payroll compensation for the extra work performed. (“per diem rate of pay used throughout this Agreement shall be calculated by dividing the ‘Superintendent's then-current annual base salary by 260}. The payroll change for unused vacation leave shall not become permanent or be added to the District ‘Superintendent's annual base salary. as the term is ‘The District shall pay the District Superintendent for unused days of vacation leave at the time this Agreement is terminated for any reason, whether voluntarily or involuntarily, including but not limited to retirement, resignation, termination, death, mutual consent, or non-renewal of this Agreement, at which time the District shall pay the District, ‘Superintendent his then-current per diem rate of pay for each day of unused vacation leave. In addition, the District Superintendent shall receive, with full pay, all holidays available to twelve-month management employees covered under the District’s administrator usa Page 9 of 20 6.02 6.03 6.04 oxss356 compensation plan adopted pursuant to Section 1164 of the Public School Code (24 P.S. 11-1164) (“Administrator Compensation and Benefit Plan”). SICK LEAVE ‘The District Superintendent shall carry forward in this Agreement and be credited on the first day of this Agreement with One Hundred Twenty (120) days of unused sick leave accrued during his previous employment with the School District and sick leave transferred from his previous employment. ‘The District Superintendent shall receive twelve (12) sick leave days annually with full pay, which shall be credited as prorated on the first day of the Term of this Agreement as identified in Section 3.00, and credited in full on July 1, 2018, and July 1* of each subsequent year of this Agreement. In addition, the unused portion of such allowance of sick leave shall accrue from year to year without limit. The District Superintendent may use six (6) days of sick leave annually to care for immediate family” as that term is defined in the “Bereavement Leave” paragraph of this Agreement, Days of sick leave used for members of the District Superintendent's “immediate family” will be deducted from his allocated sick leave in members of hi the same manner as those used for the District Superintendent's own illness. SABBATICAL LEAVE FOR RESTORATION OF HEALTH ‘The District Superintendent shall be entitled to Sabbatical Leave of Absence for Restoration of Health as provided under Section 1166 of the Public School Code, and in accordance with the same policis ‘employees. , regulations, and procedures applicable to professional BEREAVEMENT LEAVE ‘The District Superintendent shall be entitled to up to five (5) days of bereavement leave, with full pay, because of a death in District Superintendent's immediate family. “Immediate family” is defined as father, mother, brother, sister, spouse, son, daughter parent-in-law, stepparent, grandparent, grandchild, someone residing in the same Page 10 of 20 6.06 outa houschold or any person with whom the District Superintendent lives at the time of said death. The District Superintendent shall be entitled to one (1) day of bereavement leave, with full pay, because of a death of @ near relative. “Near relative” is defined as aunt, uncle, niece, nephew, first cousin, son-in-law, daughter-in-law, brother-in-law, or sister- in-law. The District Superintendent may use additional days of sick leave for bereavement, in his sole diseretion. OTHER LEAVES The District Superintendent shall be entitled to such other leaves of absence as are provided for professional employees in the Public School Code and the policies and regulations, agreements and practices of the School Distrit. COURSE REIMBURSEMENT ‘The District Superintendent may continue his professional development through, attendance at recognized colleges or universities and shall be eligible for advance payment by the School District of all tuition, texts, and related fees incurred in the taking of graduate courses in accordance with course reimbursement requirements for a management employee under the Administrative Compensation and Benefit Plan of the District. Evidence of completing the course and receiving a grade of at least “B” or “PASS” shall be presented to the Board of School Directors no later than one (1) month after the date of receipt of the grade, Should the District Superintendent fail to meet the aforementioned grade requirement of at least “B” or “PASS”, the District Superintendent shall, within thirty (30) calendar days of the receipt of the grade, fully reimburse the Schoo! District for all prepaid costs associated with that course, ‘The District shall pay the full enrollment cost and/or tuition and fees for all other professional development courses and continuing education courses taken by the District Superintendent during this Agreement; provided that such courses are approved in advance by the Board and subject to repayment by the District Superintendent for any coutse in which the District Superintendent fails to successfully complete. Page 11 of 20 6.07 INSURANCE BENEFITS The District Superintendent shall receive School Distriet provided insurance benefits as, follows: @ (b) © @ Group Term Life Insurance in an amount equal to one and one-half a5) compensation, ‘Comprehensive Catastrophic Liability Insurance and Errors and Omissions Liability Insurance in an amount no less than the coverage in existence for Management Employees as proy the Administrative Compensation and Benefit Plan of the School es the District Superintendent's annual base led in District. Medical Insurance Benefits, including, but not limited to, Major Medical, Hospitalization, Physician coverage, Prescription, Dental, jon Insurance in accordance with terms, specifications, and conditions as accorded other Management Employees of the ‘School District as provided in the Administrative Compensation and Benefit Plan of the Schoo! District. After completing 5 years of service as District Superintendent, the District Superintendent, his spouse, and eligible dependents shall be provided with one year of medical and life insurance coverage for each additional year of service as Superintendent for the School District beyond $ years (not to exceed 10 years) upon the District Superintendent's retirement from the Dist and ct, and election of PSERS retirement by filing for, qualifying for, and enrolling for benefits under the Pennsylvania State Public Retirement Employee Plan, Should the Distr of service for any year after 5 years, such insurance coverage shall be prorated monthly. Such insurance provided upon retirement shall include, but not be limited to, Major Medical, Superintendent not complete a full year Hospitalization, Physician coverage, Prescription, Dental, and ‘sion Insurance, that is substantially equivalent with the types and Page 12 of 20 6.08 levels of such medical insurance benefits and coverages, and life insurance coverage provided to active full-time professional employees in the School District until the District Super is eligible for Medicare. This obligation shall survive the termination of this Agreement, Upon retirement, the District, ntendent will be subject to the same contribution to or share ive employees, However, inate if the District tendent Supet of premiums and co-payments as the such insurance coverage shall ter Superintendent qualifies, by virtue of his own employment or that ofhis spouse, for another substantially equivalent employer-paid plan or substantially equivalent government-paid plan of health insurance, The School District may choose the alternative of providing supplemental coverage to the government paid plan to achieve "substantially equivalent” coverage. (©) Inthe event Superintendent passes away during the term of this Agreement, his spouse and eligible dependants’ Medical Insurance Benefits shall remain in full force and effect at the District's expense for a minimum of three months from his date of death. MEETINGS, CONVENTIONS AND SEMINARS The duties of the District Superintendent may require his presence at numerous meetings, conventions, and conferences in order that he can maintain awareness of current program problems and information. His attendance at seminars, workshops, in-service programs, school activities, and graduate education programs may be necessary to maintain the knowledge and skills required of his position. ‘The School District considers the expenses involved with attendance at the national convention of the American Association of ‘School Administrators, a national convention of another educational leadership association related to the duties of the Superintendent, and the state convention of the Pennsylvania Association of School Administrators to be related to his duties and appropriate for reimbursement, All other meetings, conventions and conferences requiring an overnight stay shall be approved in advance by the Board of School Directors. Expense reimbursement for such activities shall be provided in accordance with procedures described in School District policy Page 13 of 20 6.09 EXPENSE AND MILEAGE REIMBURSEMENT ‘The School District shall fully reimburse the District Superintendent for all reasonable expenses incurred by the District Superintendent in the discharge of his duties, upon proper documentation. This shall include reimbursement for mileage associated with the use of his private vehicle in the performance of the District Superintendent's duties which said reimbursement shall be based on the highest current mileage allowance as established by the Intemal Revenue Service (“IRS”), as the same may be changed or modified from time to time by the IRS. Such expense reimbursement costs shall be estimated for budget purposes and. approved by the Board in accordance with Board policy and procedures. 6.10 6.1L PROFESSIONAL ASSOCIATION MEMBERSHIP ‘The School District shall provide the District Superintendent annual membership in at ive., American Association of School least three (3) professional associations Administrators, the Pennsylvania Association of School Administrators, and ASCD_ (Formerly called the Association for Supervision and Curriculum Development); the cost of said membership dues to be paid by the School District. ‘The Schoo! District recognizes the obligation to professional growth and development provided by these affiliations and encourages and permits the District Superintendent to participate actively in the leadership of these organizations by holding office, attending meetings, and serving on committees, ‘The Board and District Superintendent may mutually agree to change, add to or delete the professional association memberships covered by this paragraph, and any such change shall be in writing and approved by the Board and District Superintendent. TAX-DEFERRED ANNUITY During the term of this Agreement, the School District shall annually on June 15, beginning on June 15, 2019, make a non-elective employer contribution into the District Superintendent's 403(b) tax-deferred annuity account in an amount equal to two percent (2%) of the District Superintendent's salary for that fiscal year, There is no cash option for such payments. The parties agree that these annuity payments are in addition to salary. The amount paid under any of them is, ‘not compensation for retirement purposes so that neither an employee nor an Page 14 of 20 6.12 7.00 employer contribution is due on the payments nor are the payments ineludable in calculating PSERS benefits. Said tax-deferred annuity benefit is in lieu of and a substitute for any payment for unused sick leave days provided for in this, Agreement, under the Administrative Compensation and Benefit Plan or the Collective Bargaining Agreement. OTHER BENEFITS ‘The District Superintendent shall receive all and any other personal benefits and. incentives provided to other Management Employees of the School District, as specified in the district's Administrative Compensation and Benefit Plan adopted pursuant to Section 1164 of the Public School Code, except as otherwise provided in this Agreement, even though such benefits and incentives are not otherwise enumerated in this Agreement and so long as such benefits and incentives are not duplicative of those specifically set forth in this Agreement Nothing contained herein shall preclude the Schoo! District from providing additional benefits for the District Superintendent as may be agreed to between the parties, Benefits given to 12-month Management Employees based on years of experience in the ‘School District will apply to the District Superintendent based on his years of service in public education including years served in prior school distriets. ARTICLE VI - REAPPOINTMENT AND TERMINATION ‘The School District and District Superintendent hereby agree that the following provi of this Agreement. ns shall be applicable for the term of this Agreement, or any extension or renewal (@) This Agreement may be changed or terminated by mutual written consent of the District Superintendent and Board. If this Agreement is terminated in this manner, the District shall immediately pay and provide to the District Superintendent all of the aggregate compensation, salary, and benefits, including but not limited to insurance premiums and coverages and payment for unused leave, the District Superintendent eared, accrued and/or is entitled to in accordance with this Agreement through the mutually agreed upon Page 15 of 20 () © effective date of the termination of this Agreement plus any applicable post-employment and retirement benefits, if any, provided for in this Agreement, and any additional amount mutually agreed upon by the Board and District Superintendent provided the additional amount, agreed to may not exceed: 1) the equivalent of one year’s ‘compensation and benefits if the contract is terminated two or more years prior to the end of the Contract term; or 2) the equivalent of one- half of the total compensation and benefits if the contract is terminated less than two years prior to the end of the contract term, ‘This Agreement may be unilaterally terminated without penalty by the resignation of the' District Superintendent at any time provided the District Superintendent gives the Board at least sixty (60) days notice prior to the effective date of the resignation. If this ‘Agreement is terminated in this manner, the Distriet shall immediately pay and provide to the District Superintendent all of the aggregate compensation, salary, and benefits including, but not limited to, insurance premiums and coverages and payment for unused leave, the District Superintendent earned, acerued and/or is entitled to in accordance with this Agreement through the effective date of his resignation and termination of this Agreement plus any applicable post-employment and retirement benefits, provided for in this Agreement. any, ‘The District Superintendent shall, throughout the term of this Agreement, be subject to discharge and termination of contract for valid cause for reasons specified under Section 1080 of the Public School Code. However, the Board shall not arbitrarily or capriciously call for the District Superintendent's dismissal Before his dismissal the School District shall provide the District Superintendent with written charges, adequate notice of a hearing and a fair and impartial hearing before the Board of School Directors, all elements of due process, and the right to appeal to courts of competent jurisdiction. At any such hearing before the Board, the District Superintendent shall have the right to be present sand to be heard, to be represented by counsel, and to present Page 16 of 20 evidence, through witnesses, testimony, and documentation relevant to the issue, A transcript of the record of proceedings before the Board shall be made available without charge to the District Superintendent (@)__ The Schoo! District shall notify the District Superintendent in writing by certified mail, no later than January 31 of the final year of this Agreement, of the Schoo! District's intent not to reappoint the District Superintendent. Should the District Superintendent not be so notified, said District Superintendent shall be reappointed for aterm of one (1) year and the terms and conditions of this, ‘Agreement shall be incorporated in a successor agreement, unless mutually agreed otherwise by the Board of School Directors and the District Superintendent, (©) This Agreement shall be terminated upon the death of the District Superintendent, at which time, the District shall pay to the District Superintendent's surviving spouse, or estate if no surviving spouse all of the aggregate compensation, salary. and benefits the District Superintendent earned, accrued and/or is entitled to under this Agreement through the date of the District Superintendent's death and shall continue to provide medical insurance benefits in accordance with Section 6.07(e) of this Agreement ARTICLE VIII - PERMANENT DISABILITY 8.00 In the event the District Superintendent shall become disabled during this Agreement, and has exhausted his days of sick leave or other usable leave to which the District Superintendent is entitled under this Agreement or otherwise, including sabbatical leaves of absence, and thereafter the disability continues for a period of three (3) consecutive months, the Board may upon thirty (30) day written notice to the District Superintendent or his guardian, terminate this Agreement for disability in accordance with this provision and the requirements of state and federal law. Ifthe Board terminates this Agreement in this manner, the District shall immediately pay and provide to the District Superintendent all of the aggregate compensation, salary and benefits, including insurance premiums and coverages, and payment for unused leave, the District Superintendent earned, accrued, and/or is entitled to, iPany, in accordance with thi Agreement through the termination date set forth in the written notification, including all post- couse Page 47 of 20 employment, long-term disability insurance benefits and retirement benefits provided for in this, Agreement, and any additional amount mutually agreed upon by the Board and District Superintendent provided the additional amount agreed to may not exceed: 1) the equivalent of ‘one year’s compensation and benefits if the contract is terminated two or more years prior to the end of the Contract term; or 2) the equivalent of one-half of the total compensation and benefits if the contract is terminated less than two years prior to the end of the contract term. For purposes of this Agreement, “disability” shall mean a mental or physical illness rendering the District Superintendent incapable of performing the essential functions of his job as District Superintendent, with or without reasonable accommodation, as determined by mutual agreement between the Board and the District Superintendent. In the event of a disagreement between the Board and the District Superintendent concerning his disability and his ability to perform the essential functions of his job as District Superintendent with or without reasonable accommodation, the Board may require the Superintendent to submit to a medical examination to be performed by a licensed physician mutually agreed upon by the Board and the District Superintendent. If licensed physician is not mutually agreed upon within ten (10) days of the Board’s request, the Board reserves the right to select the licensed physician. Any such medical ‘examination shall be paid in full by the District, If such medical examination results in a certification by the licensed physician that the District Superintendent is unable to perform the ‘essential functions of his job as District Superintendent with or without reasonable accommodation, the Board may terminate this Agreement as set forth in this provision. ‘Notwithstanding this or any other provision of this Agreement, the Board and the District Superintendent agree that it is the express intention of the parties that the District Superintendent has not waived or in any way impaired his rights under the Americans With Disabilities Act, the Family Medical Leave Act, the Pennsylvania Human Relations ‘Act or any other state or federal law and that the Schoo! District will not unlawfully discriminate against the District Superintendent or violate his tights under the Americans with Disabilities Act, the Family Medical Leave Act, the Pennsylvania Human Relations Act or any other state or federal law. ARTICLE 1X - OBLIGATIONS 9.00 This Agreement shall be binding upon and shalll inure to the benefit of School District and its duly authorized representatives and successors. This Agreement shall be binding of the District Superintendent and, to the extent applicable, his personal representatives and heirs. upon and shall inure to the bene! oxso886 Page 18 of 20 ARTICLE X - UNLAWFUL PROVISIONS AND MODIFICATIONS 10.00. Should any provision of this Agreement be declared illegal by a court of competent jurisdiction, said provision shall be automatically deleted from this Agreement to the extent that it violated the law. ‘The remaining provisions shall remain in full foree and effect for the duration of the Agreement if not affected by the deleted provision. If at any time thereafter such provision shall no longer conflict with the law, then it shall be deemed restored in full force and effect as if it had never been in conflict with the law. 10.01 This Agreement shall not be amended, changed or modified, except in writing approved of and signed by the District Superintendent and approved of by the Board and signed by a duly authorized officer(s) of the Board. ARTICLE XI - STATUTE REFERENCES AND APPLICABLE LAW 11.00 All references to the Public School Code contained herein shalll also refer to any amendment or recodification of such Code. 11.01 This Agreement shall be governed and construed in accordance with the laws of the ‘Commonwealth of Pennsylvania. ARTICLE XII - DEFINITIONS 12.00. Terms appearing in quotation marks throughout this Agreement shall have meaning as defined in this section of the Agreement. The definitions appear in alphabetical order for the purpose of easy reference. (@) "Management Employee" shall mean a “schoo! administrator” employed by the Schoo! District as that term is defined by Section 1164 of the Public School Code, (6) "Professional Employee” shall mean an employee of the Schoo! District under contract to perform responsibilities as a teacher, librarian, nurse or counselor. sna Page 19 of 20 () "School District" shall mean the Board of School Directors of the School District who are elected or appointed under the provisions of Section 301of the Public School Code. The Schoo! District shall function in accordance with the provisions of the Public Schoo! Code and the rules and regulations established by the School District under provision of Section 407 of the Publie School Code. (4) "School Fiscal Year" shall mean July 1 through June 30 of each year of this Agreement, IN WITNESS WHEREOF and intending to be legally bound thereby, the parties have caused this Agreement to be duly executed the day and year first above written. ATTEST: ato K. Hagy Secretary of the Board WITNESS: 1p kl ‘Sffaron K. Hagy Secretary of the Board BOARD OF SCHOOL DIRECTORS: Kreiser ssident of the Board DISTRICT SUPERINTENDE! Od ARNE Robert K. Schultz, Ed.D. District Superintendent Page 20 of 20

Potrebbero piacerti anche