AGREEMENTAGREEMENT made this 1 day of May, 2012, between the Board of Education ("Board") of the OnteoraCentral School District, a municipal corporation of the State of New York with principal offices at Boiceville,New York (hereinafter called the "District") and Dr. Phyllis McGill (hereinafter called the "Superintendent" or"Employee").That it is hereby agreed as follows:1.
The Board has appointed Dr. Phyllis McGill as Superintendent of Schools of the District, to perform theduties of that position as prescribed by and subject to the laws of the State of New York, together withsuch other duties as the Board may require of her from time to time. This contract shall commenceeffective May 1, 2012 and end close of business June 30, 2016, unless mutually extended by the parties orunless sooner terminated under this agreement.2.
For such services, the Board will pay the Superintendent a salary of One Hundred Sixty Thousand($160,000.00) Dollars per annum to be paid in installments at the same intervals as other employees of theDistrict, and which salary shall remain in effect until June 30, 2012. Effective July 1, 2012, the Board willpay the Superintendent a salary of One Hundred Fifty Thousand ($150,000.00) Dollars per annum to bepaid in installments at the same intervals as other employees of the District, and which salary shall remainin effect until June 30, 2016. The Superintendent shall present to the Board, each year, no later thanNovember 1, any suggestions or proposals for amendment or extension of this Agreement. The Boardreserves the option to renew and extend this Agreement annually on or about June 30, 2014 and June 30,2015 for an additional year or years subject to agreement on terms with the Superintendent.3.
The Board shall devote at least a portion of one meeting during the months of December 2012, December2013, December 2014, and December 2015 for an evaluation in executive session of the Superintendent’sperformance and her working relationship with the Board. The evaluation shall be based uponperformance criteria established in its goals statement. The Board shall reduce that evaluation to writingonce per year pursuant to Board policy.4.
The Board, individually and collectively, shall promptly and discreetly refer to the Superintendent, inwriting, for her study and recommendation, any and all criticisms, complaints, suggestions,communications or comments regarding the administration of the District or the Superintendent'sperformance of duties.5.
The Superintendent shall be the Chief Administrative Officer of the District and shall perform all of theduties of and possess all of the authority now or hereinafter imposed upon or granted to a Superintendentof Schools under the provisions of the Education Law or other statutes of the State of New York, or byrules or regulations of the Commissioner of Education. Subject to Board approval and provided suchaction is consistent with the law, the following are duties of the Superintendent:a.
Without limiting the foregoing, the Board acknowledges that the Superintendent shall have thespecific authority, right and responsibility to:i.
organize and reorganize the administrative and supervisory staff, including instructionaland non-instructional personnel, in a manner which in the Superintendent's judgment bestserves the District;ii.
make recommendations to the Board of Education as prerequisite to either the appointment
or the termination of employment of both instructional and non-instructional personnel;iii.
supervise and direct associate, assistant and other superintendents, directors, supervisors,principals, teachers and all other persons employed by the District; andiv.
transfer teachers from one school to another, or from grade or a course of study to anothergrade or course.b.
The Board may, from time to time, prescribe additional duties and responsibilities for theSuperintendent; provided, however, thati.
the Board shall not, without the Superintendent's written consent, adopt any policy, by-lawor regulation which impairs or reduces the duties and authority specified above; andii.
all additional duties and responsibilities prescribed by the Board shall be consistent withthose normally associated with the position of Superintendent of Schools in the State of New York.iii.
With respect to their relationships to one another and the determination of their respectivepowers and duties, the parties acknowledge that they are both subject to the laws of theState of New York and the applicable rules and regulations of the Board of Regents and theCommissioner of Education of the State of New York.c.
The Superintendent shall ensure full cooperation with any distinguished educator appointed by theCommissioner of Education, pursuant to §211-c of the Education Law.6.
Charges against the Superintendent may only be brought by a supermajority vote of the Board for goodcause and any such charge shall be in writing. The Superintendent shall be entitled to a fair hearing onsaid charges with rights of response, upon at least thirty (30) days notice of the charges.The Board may, by a super majority vote, suspend the Superintendent with pay pending the hearing setforth below. Supermajority as referenced herein, shall be defined as a majority plus one additional vote.Any suspension of the Superintendent shall be with full pay and benefits until the final determination of the Board. Charges may only be brought upon a showing of good cause by supermajority vote such as fora material breach of this Agreement or Board policy. Charges shall be brought by a super majority vote of the entire membership of the Board after due service to the Superintendent of written notice of thecharges and of the Superintendent's right to a hearing before an independent Hearing Officer mutuallyselected. In the event that the parties are unable to agree on a Hearing Officer within fifteen (15) days of the service of charges, the matter shall be referred to the American Arbitration Association for theappointment of a Hearing Officer from lists submitted under its Voluntary Labor Arbitration Rules. If adesignation cannot be made from that list, the American Arbitration Association shall be empowered todesignate a Hearing Officer. The Superintendent shall be given a fair opportunity to hear witnesses andevidence against her, and to present witnesses and evidence on her behalf. The Superintendent may berepresented at her own expense at such a hearing. The Superintendent shall be given a fair opportunity tohear and cross-examine witnesses and evidence against her. A record of that proceeding shall bemaintained. Formal rules of evidence shall not apply. The Hearing Officer shall issue a Findings of Factand Recommendation which shall be forwarded to the Board for final determination. Termination of theSuperintendent shall only be by supermajority vote of the Board.The Hearing Officer shall issue aFindings of Fact and Recommendation which shall be forwarded to the Board for final determination. Thedecision of the Board shall be final and binding unless arbitrary and capricious.
Any criticisms or complaints which have not been previously forwarded to the Superintendent inaccordance with the provisions of paragraph "4" of this Agreement or charges based upon any allegationwhich was made known in writing to the Superintendent by the Board more than one (1) year before thecharge is filed, shall not be admissible at such a hearing against the Superintendent, except to establishnotice or a pattern or practice. The hearing officer shall strike from the written charge or charges anysuch charge made against the Superintendent.If all of the charges against the Superintendent are dismissed at such hearing or after any appeal therefrom, the Board shall reimburse the Superintendent for her costs and attorney’s fees incurred in defense of the hearing or appeal therefore. Attorneys fees shall be paid at the same hourly rate as is paid to theDistrict’s attorney in said hearing.7.
The Board will pay the premium for term life insurance at a face value of $200,000.8.
The Superintendent shall receive Three Hundred ($300) Dollars each year of the life of the contract tooffset the cost of disability insurance, with the balance to be paid by the employee.9.
The District shall provide the Superintendent with a cell phone for her business use. Such item shall be theproperty of the District and shall be returned to the District at the time the Superintendent leaves the activeemployment of the District.10.
The Board will pay the Superintendent's professional dues to the American Association of SchoolAdministrators, the New York State Council of School Superintendents, the Ulster CountySuperintendent's Association, and the Association for Supervision and Curriculum Development or anyalternate to anyone of the above.11.
The Superintendent is authorized to incur reasonable expenses in the discharge of her duties, including butnot limited to expenses for travel and lodging; professional association dues and fees; attendance atprofessional conferences and meetings on national, state and local levels; and similar items related to heremployment. The Superintendent shall be reimbursed for mileage at the prevailing IRS rate in effect at thetime of any business trip. Reimbursement for expenses and travel shall be submitted for reimbursement inaccordance with Board policy.12.
The Superintendent shall be entitled to attend the annual convention of the New York State School BoardsAssociations and New York State Council of Schools Superintendents and any other meeting approved bythe Board.13.
The Superintendent shall be permitted:a.
all legally recognized, Board approved school holidays;b.
eighteen (18) sick leave days per year.c.
a Board-created bank of forty-five (45) days which shall not be subject to a cash payout at anytime, such bank may only be accessed if the Superintendent has exhausted all of her leave accruals;d.
twenty-five (25) days vacation leave per year. No more than ten (10) days may be carried overfrom one year to the next;e.
five (5) days emergency leave with pay, per occurrence, for death in the immediate family.(Immediate family shall include: mother, spouse, child, brother, and grandchildren);f.
a maximum of two emergency leave days per year with pay for death of non-immediate family
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Proposed superintendent contract to be voted on by the Onteora Board of Education on May 1, 2011
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