VAN DYKE PUBLIC SCHOOLS SUPERINTENDENT'S EMPLOYMENT AGREEMENT (FEBRUARY AUGUST 2011)

Transcription

1 VAN DYKE PUBLIC SCHOOLS SUPERINTENDENT'S EMPLOYMENT AGREEMENT (FEBRUARY AUGUST 2011) The Board of Educaion of he Van Dyke Public Schools (he Board) and he Van Dyke Public Schools (he Disric) wish o employ Mr. Joseph G. Pius (he Superinenden) as he Disric's Superinenden ofschools. The Superinenden wishes o serve he Board and he Disric as he Disric's Superinenden ofschools according o he erms of his Agreemen. THEREFORE, IT IS AGREED: I 1. Term. The Board and he Disric will employ he Superinenden from february 9 January 1,2016 unil June 30, Should he Board choose no o renew his Agreemen a he end of is erm, he Board will so noify he Superinenden in he manner required by Secion 1229 of he Revised School Code. Oherwise, his Agreemen will auomaically renew for one more year. 2. Tenure. The Superinenden will no have or acquire enure as Superinenden of Schools or in any oher adminisraive or assigned capaciy. The Disric's failure o coninue he Superinenden's employmen afer he erm of his Agreemen, or re-employ him in anoher capaciy, will no be considered a breach of his Agreemen. 3. Qualificaions. The Superinenden represens and warrans ha he mees, and will coninue o mee, a leas he minimum qualificaions and cerificaions required by he Sae of Michigan o serve as he Disric's Superinenden of Schools, including hose required by Secion 1246 of he Revised School Code. 4. Duies. The Superinenden represens and warrans ha he is able, and will coninue o be able, o serve as he Disric's Superinenden of Schools in a compeen and professional manner in compliance wih applicable laws, policies and regulaions adoped by he Board and as oherwise direced by he Board. The Superinenden will serve as he chief execuive officer of he Disric. The Superinenden will be eniled o presen his or her recommendaions o he Board on any subjec under is consideraion and serve as an ex officio member of any commiee esablished by he Board, excluding any commiee esablished o invesigae or evaluae his performance or any alleged conflic ofineres or misconduc on his par. The Superinenden may, subjec o Board approval, selec, ransfer, organize or reorganize Disric personnel, including adminisraive and supervisory personnel. 5. Salary and Oher Remuneraion. The Superinenden's base salary for he sehool year "rill be $130,000, pro raed o aeeoun for his saring dae for he periods of January 1, 2016 hrough December 31, 2016 will be $42,703; and from January 1, 2017 hrough June 30, 2017 will be $42,703, 8fld will be paid in equal insallmens over he course ofhe school year. The Board and he Disric will no decrease he Superinenden's base salary during he erm of his Agreemen. The Board and he Disric may will no increase he Superinenden's base salary during he erm of his Agreemen in conformiy wih sae law and paragraph 10 of his Agreemen. +he 8uperineBden ""ill also reeeiv-e he folloviing addiional remuneraion: f I r i

2 A. TSA Conribuion. For each full school year he is employed as he Disric's 8uperifefdef, he Disric 'NiH cofribue, Of his aehalf, an amoun equal o 4% of his base salary ib:o he Disric's Tax 8helered Annuiy Plan (T8A Plan), Of or aefore JUBe 30. The Superinenden may alse elec o conribue a porion of his base salary o he TSA Plan. In no even will he annual oal conribuion o he TSA Plan on he Superinenden's behalf exceed he applicable conribuion limiaions esablished by he Inernal Revenue Code. B. Longeviy. For eaeh full school year he is employed as he Disric's 8uperifefdef, he Disric will pay he 8uperinefdef $1, Of or aefore June Fringe Benefis. The Disric will provide he Superinenden he following fringe benefis: A. MPSERS. The Disric will assume he full coss of cofriauions o he Michigan Public Emplo;rees Reiremen Sysem, as required ay lav/. B. Insurance. (1) Life Insurance. The Disric will pay he premiums fur a erm life insurance policy in he amoun of$200, (2) Oher Insurances. The Disric will provide he 8uperifefdef 'Nih he same medical, hospializaiof, deflal, visiof, shor erm disaailiy and 10Bg erm disabiliy befefis he Disric proyides pursuan o he Van Dyke AdmifisraiYe Coufcil Agreemef, as hose beb:efis currefly exis and may be amefded from ime o im&.- I IIJ. C. Vacaion. The Disric will provide he 8uperinefdef v.ih 25 paid vaeaiof days per school year, proraed o aecouf for his saribg dae, exclushre of legal holidays, subjec o prior Vlriuef folce o he Hoard's Presidef, of which he Superifefdef may accumulae fo more han 10 unused vacaiof days per school year and fo more han 10 l:illused vaeaiof days dufifg he enire period of his service as 8uperiB:efden of Schools. The 8uperifefden v.ill foify he Disric's ausib:ess office, if VlriiBg abd fo laer han July 30 fullovafg each school year, of Bflj' unused vaeaiof days from he previous school year and, if he absefce of such foificaiof, will ae deemed o Rw,re used all vacaiof days flyailable o him. VPOf he ermifaiof of he 8uperifefden's employmef v.rih he Disric, he 8uperifefdef will fo be compefsaed for earfed bu ufused vaeaiof days-: D. Sick Days. The Disric will provide he Superinenden wih 7 sick days per school year during he imeframes noed in salary, of which he Superinenden may accumulae no more han 5 unused sick days per } 2

3 school year and no more han 50 unused sick days during he enire period of his er-hef service as Superinenden of Schools. The Superinenden will noify he Disric's business office, in wriing and no laer han July 30 following each school year, of unused sick days from he previous school year and, in he absence of such noificaion, will be deemed o have used all sick days available o him. Upon he erminaion of he Superinenden's employmen wih he Disric, he Superinenden will no be compensaed for earned bu unused sick days. E. Paid Holidays. The Disric will allow he Superinenden he following paid holidays: July 4 h, Labor Day, Thanksgiving and day afer, Chrismas Eve, Chrismas Day, New Year's Eve, New Year's Day, Mid-Winer Break (2 days), Good Friday, he day afer Easer and Memorial Day. F. Personal Business Days. The Disric will provide he Superinenden wih 2 paid personal business days per school year, subjec o advance wrien noice o he Board's Presiden. Unused personal business days will no accumulae and he Superinenden will no be compensaed for unused personal business days upon he erminaion of his employmen wih he Disric. G. Bereavemen Days. The Disric will provide he Superinenden wih 5 paid bereavemen days per school year for deahs in his immediae family (Le., spouse or child) and 3 paid bereavemen days per school year for deahs in his exended family, subjec o advance wrien noice o he Board's Presiden. Bereavemen days will no accumulae and he Superinenden will no be compensaed for unused bereavemen days upon he erminaion ofhis employmen wih he Disric. i I f 7. Expenses. The Disric will reimburse he Superinenden for reasonable and f f necessary expenses incurred on Disric business upon his or her presenaion of iemized expense saemens. 8. Oher Work and Ineress. The Superinenden will no iniiae or accep any ouside work or employmen during he erm of his services as Superinenden of Schools wihou he advance wrien permission of he Board's Presiden. 9. Professional Developmen. The Disric will pay, or reimburse he Superinenden, for reasonable and appropriae professional organizaions and aciviies for which he has obained advance Board approval. 10. Evaluaion. The Board, or is designaes, will mee wih he Superinenden o develop a muually agreeable insrumen for he Superinenden's evaluaion ha is consisen wih Secions 1249 and 1250 of he Revised School Code; provided, however, in he absence of muual agreemen, he Board will develop he evaluaion insrumen. The Board will evaluae he Superinenden's performance, in wriing, on or before February 20 of each year. The Superinenden will remind he Board of is duy o evaluae his performance by so noifying he Board Presiden, in wriing, on or before January 10 of each year. Afer he evaluaion is compleed, he Superinenden will, upon reques, be provided an opporuniy o mee wih he I 3

4 Board o discuss he evaluaion. 11. Indemnificaion. The Disric will defend and indemnify he Superinenden in he even he becomes a pary or is hreaened o be made a pary o any hreaened or pending civil acion for acs or omissions wihin he scope of his or her employmen as Superinenden of Schools. The Superinenden will immediaely noify he Board and he Disric of any reques for defense or indemnificaion. The Board and he Disric have he righ o conduc he defense of any civil acion for which he Superinenden requess defense or indemnificaion and he Superinenden will fully cooperae wih he Board and he Disric in such defense. This paragraph survives he expiraion ofhis Agreemen. 12. Resignaion or Terminaion. The Superinenden may erminae his Agreemen during is erm upon 90 days' noice o he Board. The Board or he Disric may erminae his Agreemen during is erm for reasonable and jus cause, bu no arbirarily or capriciously, wihou furher obligaion or liabiliy o he Superinenden for salary, remuneraion or fringe benefis. The Board or he Disric will no erminae his Agreemen during is erm wihou providing he Superinenden wih he following due process: wrien charges noifying he Superinenden of he grounds for erminaion delivered a leas 10 days prior o he hearing; and, a hearing before he Board, which may be in open or closed session a he Superinenden's opion, and a which he Superinenden may be represened by legal counsel reained a his own expense. 13. Limiaions of Acions. The Superinenden and he Disric agree ha any claim, demand or cause of acion arising from or relaing o he Superinenden's applicaion, employmen or erminaion mus be assered and filed no laer han 180 calendar days from he dae on which he claim, demand or cause of acion accrues or no laer han 180 days from he erminaion of he Superinenden's employmen, whichever is sooner (unless he applicable limiaions period is shorer, in which case he shorer limiaions period will apply). The Superinenden and he Disric agree o waive any longer limiaions period. 14. Dispue Resoluion. The Superinenden and he Board and he Disric agree ha, excep as se forh in he las senence of his paragraph, any and all dispues or claims arising from or relaing o he Superinenden's employmen wih he Disric or his Agreemen, including is negoiaion and execuion, will be submied o final and binding arbiraion in Macomb Couny, Michigan, according o he American Arbiraion Associaion's Naional Rules for he Resoluion of Employmen Dispues. The Superinenden or he Disric may move for enry ofjudgmen on he arbiraor's award in any cour ofcompeen jurisdicion. The Superinenden and he Board and he Disric acknowledge and agree ha his paragraph precludes hem from filing a civil acion concerning he dispues covered by his paragraph and, herefore, waive heir righ o rial by jury concerning any such dispues. This paragraph does no apply o decisions by he Board of Educaion or he Disric o erminae his Agreemen during is erm or no o renew his Agreemen. 15. Waiver of Breach. The Board and he Disric will no waive any breach of any provision ofhis Agreemen excep in wriing. Such a waiver will no waive fuure breaches. r 16. Enire Agreemen. This Agreemen is he paries' enire agreemen and supersedes any oher prior or conemporaneous agreemen, wrien or verbal. This Agreemen may no be modified or rescinded excep by anoher wrien agreemen, signed by boh paries and approved by he Board in a public meeing. {00136IS5 I 4

5 , SUPERINTENDENT Dae:_---'I'--_J_I_-_2_0_/->:'-'= BOARD OF EDUCATION OF THE VAN DYKE PUBLIC SCHOOLS BY:ii =QLl~jf~~ _ Is Presiden Dae: J,",-Ul_'-+1L...;l'--(p--;::---7'f- BY:i~~~\~~=~'& I "'ru~="'---- Is Secreary Dae: J - / ) - J o This Agreemen consiss of 16 paragraphs on 5 pages plus an addendum. Addendum: In addiion o he agreed upon salary amouns during he ime periods noed in Secion 5 - Salary and Oher Remuneraion he Board of Educaion and Superinenden recognize ha for he one-hird compensaion he following work calendar will be followed: Conrac Time Period Workdays Schedule Days Off Amoun July 1, December 31, ou of 131 (Two hirds schedule) 44 $21,352 January 1, 2016 December 31, ou of 261 (Two hirds schedule) 87 $42,703 Januaryl,2017 June30, ou of 131 (Two hirds schedule) 44 $42,703 Iniials Iniials 5 I l