livingston county superintendent's contracts

8/20/2019 Livingston County Superintendent's contracts

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HOWELL PUBLIC SCHOOLS

SUPERINTENDENT S CONTRACT

EXHI IT t

This Agreement is made and entered into this 8th day

of

June, 2015,

by

and between the Board

of

Education of Howell Public Schools (herein after called the Board ), and Erin J MacGregor

(herein after called the Superintendent ).

WITNESSED:

In consideration

of

their mutual promises and agreements, the Board agrees to employ the

Superintendent for the position of Superintendent and the Superintendent agrees to work for the

District under the following terms and conditions:

I. Term and Extension. The Board hereby employs the Superintendent and the

Superintendent agrees to work for the School District beginning on July I, 2015, and

extending through June 30, 2018. The Board shall determine by March 30 of each year

of

this Contract whether to extend the term

of

this Contract, or, alternatively, not extend this

Contract and notifY the Superintendent

of

whatever decision it may make. Should the Board

elect to extend the term of this Contract, the parties shall, prior to July I of the same year,

execute a successor contract providing for such extension and any other terms that the parties

may mutually agree upon. The Superintendent shall notifY the Board six-months in advance

of

his intention to terminate his employment within the

tenn of

this Contract

as

originally

agreed to or as

extended by later agreement.

2 Evaluation and Communication. The Board shall formally evaluate the Superintendent at

least annually to be conducted no later than March I, pursuant to Board Policy and MCL

380.1249. The evaluation process criteria utilized shall be mutually agreed upon by the

Superintendent and Board. The Superintendent shall also receive one

I)

informal evaluation

in

addition to the formal evaluation. The Superintendent may within fourteen (14) days from

receiving the Board's formal evaluation, submit a written comment or rebuttal.

The Board, individually and co lIectively, shall refer promptly any pertinent criticisms,

complaints, and suggestions called to its attention to the Superintendent.

3 Tenure Exclusion. This Contract does not confer tenure upon the Superintendent in the

position of Superintendent or any other non-c1assroomlnon-teaching position in the district.

4 Qualifications.

This Contract shall not be valid unless the Superintendent shall have (or be

eligibIe for) and maintain all certifications as may be required by state statute and/or by the

Michigan Department

of

Education,

at

the Superintendent's own expense, at the time the

contractual period shall begin, and this Contract shall terminate

if

the Superintendent shall,

at any time, fail to possess such qualifications or satisfY continuing education requirements.

Proof

of

same shall be maintained at Central Office.

5 Duties and Service to the District. t is understood and agreed that the Superintendent is

employed in the capacity

of

Superintendent, as defined in the Michigan Revised School

Code. The Superintendent shall perform the duties

of

Superintendent

as

prescribed by the

Board and

as

may be established, modified and/or amended from time to time by the Board.


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The Superintendent acknowledges the ultimate authority of the Board with respect to his

responsibilities and directions related thereto.

6. Medical Examination During each year of his Contract, the Superintendent shall have one

I) medical/physical examination, the cost for which, ifnot covered by insurance, shall

be

paid for by the District. The Board reserves the right to direct the Superintendent to a

medical/physical examination if, in its judgement, there are circumstances which warrant a

verification ofeither the physical or mental/psychological competence of he Superintendent.

The Superintendent shall supply such information and execute such documents as may be

required by any underwriter, policyholder, or third party administrator providing insurance

programs specified under this Contract,

or

as may

be

directed

by

the Board to determine the

Superintendent's ability to perform the essential job functions required by assignment, with

or

without reasonable job accommodation(s). Upon competition of he annual examination,

the superintendent's physician shall forward to the board president a letter indicating the

overall results of the physical examination and attest to the superintendent's fitness to

be

employed.

7

Compensation

Commencing July

1,2015,

the Superintendent's base yearly salary shall

be

160,000.00 (One Hundred Sixty Thousand and 00 100 Dollars) annually, which shall

be

paid in equal installments in accordance with the policies and procedures of the Board

governing payment

of

other employees

of

the District. The salary paid shall be less

deductions authorized

by

the law for income tax withholding and other deductions as may

be properly authorized

by

law.

A The Superintendent shall

be

provided with a monthly automobile allowance of

450.00 (Four-Hundred, Fifty and 00 100 Dollars) during the term of the Contract.

This amount is taxable

if

no receipts are presented.

B. The Superintendent shall

be

reimbursed for prior Board approved travel, meals, and

lodging in accordance with the

per

diem and reimbursement policy and procedures

of

the Board. This section pertains to attendance at meetings and conferences

conducted outside Livingston County.

8 Benefits

A. The Superintendent shall select health, dental, and vision insurance coverage from

the plans available to the District employees, for himseWherself and hislher eligible

family members. The Superintendent shall annually contribute to the cost of such

insurance a sum equivalent to the costs exceeding the statutory employer contribution

limitations which apply to all other employees

ofthe

Howell Public Schools.

B. The Board shall pay premiums on behalf of the Superintendent for long term

disability insurance.

C. The Superintendent shall be under the District's comprehensive general liability

policy up to 4,000,000 in coverage for each occurrence. Additionally, the Board

agrees that it shall defend, hold harmless and indemnifY the Superintendent from any

and all demands, claims, suits, actions and legal proceedings brought against the

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Superintendent in hislher individual capacity, or in his/her official capacity as agent

and employee of he Board, provided the incident arose while the Superintendent was

acting within the scope

of

his employment. The Board shall provide liability

insurance for the Superintendent to cover legal expenses in defense of claims and

payment of judgments resulting from his/her functioning as Superintendent. In no

case will individual Board members be considered personally liable for indemnifYing

the Superintendent against such demands, claims, suits, actions, and legal

proceedings.

D. f the Superintendent incurs a service connected illness or injury, the Board shall

provide worker 's compensation insurance.

E.

The

Superintendent shall receive twenty (20) days ofvacation annually, exclusive of

the following recognized District holidays: Labor Day, Thanksgiving Day, Friday

following Thanksgiving Day, Christmas Eve Day, Christmas Day, New Year's Eve

Day,

New

Year's Day, Martin Luther King Day, Good Friday, Memorial Day, and

Fourth

of

July. The Superintendent shall use these days within the twelve (12) month

period in which it

is

earned. The Superintendent shall schedule use

of

vacation days

in a manner that is least disruptive to school operations. All scheduling of vacation

is subject to the approval ofthe Board President. In consideration

of

his expectation,

the Superintendent

may

carry over five (5) vacation days into the

fo

llowing contract

year. The Superintendent shall not be required to report

on

an Act

of

God day. Any

requirement to so report shall result in an equal amount ofcomp time.

F. The Superintendent shall be credited with twelve (12) sick leave days

on

July 1 2015

and

on

each July 1st thereafter for the length

ofthis

Contract.

G.

The Superintendent may accumulate unused sick days to a maximum of ninety (90)

days. Unused sick days are not eligible for payout upon termination

of

the

Superintendent's employment.

H. The Superintendent shall be eligible for up to two (2) personal business days each

contract year. The superintendent may accumulate personal business days up to a

maximum

of

eight (8) days. Unused personal business days are not eligible for payout

upon termination of he Superintendent's employment.

l In the event of the death

of

a family member (spouse, child, parent, sibling, in-law,

grandparent

or

immediate family member as defmed under the Family Medical Leave

Act, as amended), the Superintendent is eligible for up to five (5) days ofbereavement

leave not to be deducted from sick leave

or

any paid leave account.

J. The Superintendent may be provided with local, state, and national dues to the

appropriate professional organizations, as shall be approved in advance

by

the Board.

K The

Board shall provide, without cost to the Superintendent, group life insurance

protection, which shall pay to the Superintendent's beneficiary, the sum

of

two (2)

times the Superintendent's salary (to nearest 1,000) up to 225,000.00.

f

two (2)

times the Superintendent's salary (to the nearest 1,000)

is

greater than 225,000.00,

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all amounts

of

group life insurance protection in excess of $225,000.000 will be

determined y MESSA on a case-by-case basis in accordance with their insurability

requirements. The Board is not responsible for group life insurance protection

amounts greater than $225,000.00, if the Superintendent is deemed ineligible for

additional coverage y MESSA insurability requirements.

L.

The District's only obligation for the insurance benefits provided in this Contract

shall e for the payment of premiums, and the rules and any and all insurance

coverage shall be subject to the underwriter's requirements

9. Termination Provisions The Superintendent shall be subject to discharge during the term

of

this Contract for any reason not found to be arbitrary or capricious. The term arbitrary

or capricious shall not include acts of moral turpitude, misconduct, dishonestly, fraud,

insubordination, and a material breach

of

the terms and conditions

of

this Contract. This

Contract shall also be terminated by the Board at any time during its term in the event

of

he

Superintendent's death, retirement, or voluntary resignation of employment. No discharge

shall e effective until written charges have been served upon the Superintendent by certified

mail and personal service. The Superintendent shall have an opportunity for a fair hearing

before the Board after ten

1

0 days' notice in writing. Said hearing shall be public or private,

at the option of the Superintendent. At said hearing, if the Superintendent chooses to be

represented y legal counsel, all fees relating to the Superintendent's legal counsel shall be

the sole responsibility

of

he Superintendent. This provision shall not apply to nonrenewal of

this Contract pursuant to Section 1229

of

the Revised School Code.

10. Suspension Whether pending the procedures set forth in Paragraph 9 or pending an

investigation

of

the conduct

of

the Superintendent, the Board may, in its sole discretion,

direct that the Superintendent suspend all or any part of the performance of responsibilities

and may assign the performance

of

such responsibilities to another person or persons. Such

suspension

of

responsibilities shall be without loss

of

salary

or

other benefits under this

Contract until the Superintendent is either reinstated or terminated under this Contract.

11.

Severability

Any provision

of

he Contract prohibited y laws of he United States or the

State ofMichigan shall be ineffective to the extent of such provision only, without

invalidating the remaining provisions

of

the Agreement.

12.

Limitation

o

Actions

The Superintendent and the District agree that any civil action or

administrative complaint arising from or relating to the Superintendent's employment with

the District, the termination

of

the Superintendent's employment with the District or this

Contract, must be filed no later than one-hundred, eighty (180) calendar days from the date

on

which the civil action or administrative complaint accrued, or no later than one-hundred,

eighty (180) calendar days from the termination of the Superintendent's employment,

whichever

is

sooner. The District and the Superintendent waive any longer limitations

period. In any civil action or administrative complaint, the venue shall be considered to be

in the Circuit Court for the Forty-Fourth 44th) Judicial Circuit for Michigan in Livingston

County.

13.

Binding Arbitration

In the event of any dispute between the parties relating to the

Superintendent's discharge arising during the term of this Contract, the parties agree to


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submit such dispute to binding arbitration. Selection of the arbitrator and the arbitration

proceedings shall be conducted under the National Rules for the Resolution ofEmployment

Disputes of, and administered by, the American Arbitration Association. Arbitration under

this provision shall be conducted pursuant to the terms of he Michigan Arbitration Act, MCL

600.5071

et

seq., and MCR 3.602.

A. Any and all disputes under this agreement shall

be

submitted to binding arbitration

pursuant to labor arbitration rules of he American Arbitration Association. Michigan

courts may enter judgment upon and enforce any award entered

by

the arbitrator

within hislher authority.

B

Michigan law shall govern this agreement and the sole and exclusive remedy under

this agreement shall

be

monetary damages for any alleged breach. No equitable relief

of any kind, including reinstatement, may

be

granted for any violation of this

agreement, except as necessary to pay a monetary award granted pursuant to binding

arbitration.

C. The scope

of

he arbitrator s authority is limited exclusively to the issue

ofwhether

a

breach of contract occurred and,

if

so, the measure ofmonetary damages, which shall

not be greater than the value of the salary and benefits remaining at the time of the

alleged breach. The arbitrator has no authority to reinstate in the event ofa termination

of employment.

D. In any litigation matter the venue shall be considered to be in the Forty-Fourth 44th)

Judicial Circuit Court for Livingston County, Michigan.

14.

Entire Agreement This Contract contains the entire agreement and understanding between

the Board and the Superintendent concerning the Superintendent s employment. Prior or

concurrent representations, promises, contracts,

or

understandings (written

or

oral) not

contained in this Contract have no legal bearing.

A. Any prior agreement (written

or

oral) pertaining to the terms 0 f this Contract is

cancelled and superseded by this Contract.

B No change

or

modification of his Contract shall

be

valid

or

binding unless it is in

writing, approved by official action of the Board as reflected in its minutes, and

signed by the Superintendent and the Board.

C. No valid waiver of any provision of this Contract, at any time, shall be deemed a

waiver

of

any other provisions

ofthis

Contract at such time

or

at

any other time.

f any provisions

of

this Contract becomes or is declared by a court

of

competent

jurisdiction to be illegal, unenforceable,

or

void, this Contract shall continue in full

force and effective without said provision(s).

DATED:

BY:

Erin J. MacGregor, Superintendent

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DATED:

DATED:

DATED:

DATED:

DATED:

DATED:

DATED:

BO RD OF EDUC TION OF

HOWELL PU LIC SCHOOLS

BY:

Michael E Yenshaw President

BY:

Stacy R Pasini Vice President

BY:

Brent

Earl Secretary

BY:

Michael Moloney Treasurer

BY:

Deborah McCormick Trustee

BY:

Gregg Gilligan Trustee

BY:

Grace Trudell Trustee


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CONTR CT OF EMPLOYMENT

Superintendent

It is hereby agreed by and between the Board o Education o the

Brighton Area Schools (hereinafter Board ) and Gregory

B.

Gray

(hereinafter Administrator ) that pursuant to Section 1229 (1) and Section

1246 o the Revised School Code, the Board in accordance with its action

found in the minutes o its meeting held

on

the 26

h

day o May, 2009, does

hereby employ the said Administrator for a period commencing on July 1,

2009 and ending on June 30, zo;J.lt, according to the terms and conditions

as described and set forth herein d s

(Y---

1.

Administrator shall perform the duties o Superintendent as

prescribed by the Board pursuant to the Revised School Code

of the State of Michigan as may be established, modified

and/or amended from time to time by the Board. Administrator

acknowledges the ultimate authority of the Board with respect

to his responsibilities and directions related thereto.

2. Administrator represents that he possesses, holds, will

maintain or will seek all certificates, credentials, and

qualifications required by law, including the regulations of the

Department o Education, and those currently required by the

Board

to

serve in the position assigned. Additionally,

Administrator agrees, as a condition of his continued

employment, to meet all continuing education requirements for

the position assigned as may be required by the State Board

of Education. If at any time Administrator fails to maintain all

certificates, credentials, continuing education requirements

and/or qualifications for the position of Superintendent as

required herein, and such failure renders him unqualified for

this position, this contract shall automatically terminate and the

Board shall have no further obligations there under except as

agreed to by the Board.

The Administrator and the Board shall comply with the requirements

of Section 1230, 1230a and 1230b of the Revised School Code

regarding the criminal records check and the unprofessional conduct

check. The Board having requested a criminal history check, prior to

employment and the Administrator having signed a statement that

identifies the items set forth

in

Section 1230 and 1230a o the

Revised School Code. The Administrator shall also comply with the

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provisions of Section 1230b o the Revised School Code. If the

Administrator is found to be unqualified as a result o the checks

required by the Revised School Code sections set forth above, this

contract shall automatically terminate and the Board shall have no

further obligation to the Administrator either as an employee or a

conditional employee.

3 Administrator agrees to devote his talents, skills, effort and

abilities toward competently and proficiently fulfilling the

duties and responsibilities of the position assigned.

Administrator agrees to faithfully perform those duties

assigned by the Board and to comply with the directives o

the Board with respect thereto. Further, Administrator

agrees to comply with and fulfill the responsibilities and

tasks required of the School District by state and federal

statutes and regulations.

In

addition, Administrator shall

respond to and accomplish those requirements and

directives o the Board to carry out the educational

programs and policies of the School District for which he is

responsible during the entire term

o

this agreement.

Further, Administrator pledges to use his best efforts to

maintain and improve the quality of the operation

o

the

School District and constantly promote efficiency in all

areas of his responsibility. The Administrator shall have

complete freedom to organize, reorganize, and arrange the

administrative and supervisory staff, including instruction

and business affairs, which

in

his judgment best serves the

District subject to approval by the Board. The responsibility

for selection, placement and transfer of personnel shall be

vested in the Administrator, subject to approval by the

Board. The Board, individually and collectively shall refer

promptly all criticisms, complaints, and suggestions called

to its attention to the Administrator for study and

recommendations.

4

Administrator

sh Pll

be

paid

an

annual salary rate

o

135,000

in

consideration

o

his performance

o

the duties

and responsibilities o the position assigned in conformance

with the requirements and expectations of the Board. The

annual salary shall commence on the date o this contract

and shall be prorated over the term of the contract, that is,

through June 30, 2012 It shall be paid

in

equal installments

not to exceed twenty-seven (27) installments per contract


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year beginning with the commencement of the contract

period, to be paid on the regular payroll dates established

by the District. Upon separation of the Administrator during

any contract year, his salary shall be adjusted to reflect

payment, on a per diem basis, for the number

of

days on

which services were actually and physically rendered

during the contract year. Any amounts due the

Administrator upon separation will be remitted by the Board

to him as soon as such amounts can diligently be

determined. ny salary amounts received by the

Administrator in excess of days actually worked during the

contract year shall be deducted from the Administrator s

remaining wages

or repaid by the Administrator within three

(3) business days immediately following the termination of

this contract. The Administrator s signing of this agreement

indicates his approval

of

this process.

The Board hereby retains the right to adjust the annual salary of

Administrator during the terms of this contract. ny such salary

adjustment shall not reduce the annual salary below the annual

salary stated above. ny adjustment

in

salary made during the term

of this contract shall

be

in the form of a written amendment and when

executed by Administrator and the Board, shall become part of this

contract.

5

The Board shall review this contract with Administrator

annually on or before June 30 of any contract year. This

contract may be extended either by option of the Board

of

Education or by operation of law as follows:

a

Board Option - The Board, no later than the 30

h

day

of June of each year during the term of this contract,

may extend the contract for an additional one (1)

year period. All other terms and conditions of this

contract except compensation shall remain

The Board

of

Education

in

its sole

discretion and with or without cause may decline to

extend the contract for an additional year. Failure of

the Board to affirmatively extend the contract shall

conclusively constitute a declination to do so.

b Unless the Board gives written notice of non-renewal

of the contract of tl1e Administrator at least ninety

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(90) days before the contract s termination date, this

contract will, without further action, be automatically

renewed for an additional one (1) ye r period as

provided by Section 1229 of the Revised School

Code.

c The Administrator, annually, shall advise the Board

of this obligation during the month

of

January.

6

Administrator is employed on the basis

of

fifty-two (52)

weeks

of

work per contract year (normally, July through

June 30) as scheduled by the Board. Administrator shall

be granted vacation time of twenty (20) days per contract

year. Vacation days must be used within the fiscal year for

which they are made available and Administrator shall not

receive

ny

additional compensation in lieu

of

use

of

vacation days without the express agreement

of

the Board.

Administrator shall schedule use

of

vacation days in a

manner to minimize interference with tl1e orderly operation

and conduct of business of the School District. All

scheduling of vacation is subject to the Board policy that is

in place at present or Board policy that is adopted

subsequent to this contract.

7

Administrator s performance shall be evaluated by the

Board annually not later than March 1. The Administrator

annually sl1all advise the Board

of

this evaluation during the

month

of

January.

8. During the term

of

this contract, the Administrator shall be

subject to discharge for good and just cause, but the Board

shall not arbitrarily and capriciously dismiss him. No

discharge shall be effective until written charges have been

served upon him and he shall have an opportunity for a fair

hearing before the Board after ten (10) days notice in

writing. Said shall be public or private at the option

of

the Administrator. At such hearing he m y have legal

counsel provided at the Administrator s expense.

9. In the event

of

Administrator s mental and/or physical

incapacity to perform the duties

of

his office, he shall be

granted an initial unpaid leave

of

ninety (90) workdays for

the purpose of recovery. The Administrator shall first

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exhaust any accumulated sick leave and accrued vacation

time. Health plan premium payments shall be made on

behalf of Administrator during this interval. Upon utilizing

leave under this provision, Administrator shall furnish

certification to the Board (or its designee) ·respecting the

necessity for the leave. This certification, from

Administrator s health care provider, shall include:

a The date the serious health condition commenced

and the health care provider s best medical judgment

concerning the probable duration o the condition and

prognosis for recovery.

b

Diagnosis of the serious health condition.

c

A brief statement

o

the regimen

o

treatment.

d

An indication of whether inpatient hospitalization is

required.

e An indication of whether or not Administrator is able

to perform the essential functions

o

his position, with

or without reasonable accommodation. The Board

may require, in its sole discretion, a separate opinion,

at Board expense.

Administrator may request an additional ninety

90)

work days

unpaid leave extension in the event of his physical and/or mental inability to

return to work at the expiration of the initial leave interval, as described

above, provided there is a reasonable likelihood that Administrator will be

able to resume his duties at the end

o the extended leave interval.

Medical certification will

be

supplied by the Administrator as a condition to

any leave extension. Any extensions o leave for this purpose shall be at

the discretion o the Board.

If the Administrator is

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for duty certification from Administrator s health care provider. A second

opinion may be required by the Board at its expense.

10. Administrator agrees that he shall not be deemed to be

granted continuing tenure as Superintendent or in any

capacity other than of a classroom teacher, should the

probationary period required for tenure as a teacher be

fulfilled, by virtue o this contract or any employment

assignment (requiring certification) with the School

District. Nor shall the decision of the Board not to

continue or renew the employment of Administrator for

any subsequent period in any capacity, other than as a

classroom teacher, as may be required by tenure law,

be

deemed breach of this Agreement or a discharge or

demotion within the provisions of the Michigan

Teachers Tenure Act.

11. Administrator shall submit to such medical

examinations, supply such information and execute

such documents as may be required by any underwriter,

policyholder, or third party administrator providing

insurance programs specified under this contract.

Additionally, upon request of the Board, Administrator

shall authorize the release of medical information

necessary for the Board s physician to determine if

Administrator is capable of performing the essential job

functions required by l ris assignment, with or without job

accommodation. Any physical or mental examination or

disclosure of such information required of Administrator

by the Board shall

be job-related and consistent with

business necessity. Any medical or psychological

examination under this section shall be at Board

expense. Any information obtained from medical or

psychological examinations or inquiries shall

be

considered and treated as confidential.

12. Upon proper application and acceptance for enrollment

by the appropriate insurance underwriter, policyholder

and/or third party administrator, the Board shall provide

fully paid premium payments

on

behalf o Administrator

and his eligible dependents for the following insurance

programs:


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a. Health Insurance: Identical and consistent with

central office administrators. Any other benefits

provided to central office administrators within this

category are to be available to Administrator;

b.

Long-Term Disability Insurance: Identical and

consistent with central office administrators;

c.

Dental Insurance: Identical and consistent with

central office administrators;

d. Optical Insurance: Identical and consistent with

central office administrators;

1\3 9

e.

Term Life Insurance: term policy. v

it k

In

lieu of the above benefits paragraphs

a.

through d., the

Administrator, at his sole election, shall

be

entitled to apply fifty

percent (50%)

o

the monthly administrative health care

premium for any benefit options, tax deferred annuity or salary

(monthly health care premium effective July 1, 2009 is

1,439.90). Notwithstanding the above, the Administrator shall

be entitled to the Term Life Insurance provided

in

paragraph

e.

above

13. The Board reserves the right to change identity o the

insurance carrier, policyholder or third party

administrator for any

o

tl1e above coverage, provided

that comparable coverage, as determined by the Board,

is maintained during the term

o

this Agreement. The

Board shall not be required to remit premiums for any

insurance coverage for Administrator and his eligible

dependents if enrollment or coverage is denied by the

insurance underwriter, policyholder, or third-party

administrator. The terms of any contract or policy

issued by any insurance company o third-party

administrator:shall be controlling as to all matters

concerning benefits, eligibility, coverage, termination

o

coverage, and other related matters. Administrator is

responsible for assuring completion o any and all

documents needed to receive the above-described

insurance coverage. The School District, by payment o

the premium payments required to provide the above-


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described insurance coverage, shall be relieved from all \

liability with respect to insurance benefits.

14. stipend for advanced degree Ph.D./Ed.D.) l

15. Administrator will receive paid holidays

in

accordance

with the following schedule:

New Year s Eve Day

New Year s Day

Memorial Day

July Fourth

Friday before Labor Day

Labor Day

Thanksgiving Day

Friday following Thanksgiving

Day

Christmas Eve Day

Christmas Day

Day after Christmas

One floating personal holiday

16. If Administrator is absent from duty on account o

personal illness or disability, he shall be allowed full pay

for a total

o

fifteen 15) days annually. Unused paid

leave days hereunder shall be cumulative to a maximum

o one hundred twenty 120) days for absence due to

personal illness or disability o Administrator. The

Administrator may be absent from duty

on

account

o

personal business to a maximum

o

five 5) days

annually, which days shall be deducted from the fifteen

15) days provided annually for personal illness or

disability. The Administrator shall receive an initial grant

o one hundred twenty 120) days that may

be

drawn

upon

in

the event

o

absence from duty on account o

personal illness or disability.

17. n addition to other days provided in 16 above, up to five

5) leave days shall

be

provided for each instance o

death

in

the immediate family, consisting of mother,

father, mother-in-law, father-in-law, spouse, child or

sibling.

18. Administrator shall

be

eligible to

be

reimbursed for

travel, meals and lodging

in

accordance with per diem

expense and reimbursement policies and procedures

established by the Board.


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19 The fees or dues for membership

in

appropriate

professional organizations shall

be

subject to the

approval of the Board as per Board policy.

Tl e

Administrator shall be entitled to attend one National

Conference annually.

20. The Board agrees to pay the premium amount for errors

and omissions insurance coverage for Administrator

f )0 oU

while engaged in the performance o a government

/

;

function and while the Administrator is acting within the

}fjl..:'./':

scope of his authority. The policy limits for this

coverage shall be not less than those provided central

office administrators. The terms o the errors and

omissions insurance policy shall be controlling

respecting defense and indemnity of Administrator. The

sole obligation undertaken by the Board shall be limited

to the payment of premium amount for the above errors

and omissions coverage.

21 Termination. If at any time, the Administrator fails to

maintain the credentials and qualifications for the

position of superintendent as required by this contract,

the contract shall automatically terminate. The

Administrator may be discharged and this contract

terminated at any time for cause, including failure to

uphold any Board

o

Education bylaw, policy, or

regulation.

22. Severability. If any provision o this contract is ruled

illegal or unenforceable by a court of competent

jurisdictions, the remainder of the contract not affected

by the ruling shall remain valid and in effect.

23. Dispute Resolution. In the event o any dispute between

the parties relating to any provision o this Contract or

the terminatign or discharge

o

Administrator during the

term

o

this Contract, the parties agree to submit such to

binding arbitration. The parties intend that this process

o dispute resolution shall be inclusive o all contract

interpretation disputes and contract and statutory claims

advanced by Administrator arising from Administrator s

termination or discharge during the term o this Contract,

9


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including but not limited to) claims of unlawful

discrimination and all claims for damages or other relief.

24. Governing Law. This contract is governed by and shall

be interpreted in accord with the law o the State of

Michigan.

IN

WITNESS WHEREOF, the parties have caused this Agreement to be

executed on the date set opposite their names.

Dated ff

Dated

JB

/or

___;::.._7-1-=------- 1

BRIGHTON AREA SCHOOLS

BOARD OF EDUCATION

William R. Anderson, President

oated sJ;;rr/0200 1

Chery1 M:LeaC Treasurer

WITNESSES:

1


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s s c o s curren con rac ae e


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ADMINISTRATIVE EMPLOYMENT CONTRACT

This contract is made and entered into as of the 1st day of July 2012 between the Board ofEducation of the Hartland Consolidated Schools, Livingston County, Michigan (hereinaftercalled the “Board”), and JANET SIFFERMAN (hereinafter called the “Superintendent”.)

Whereas, the Board at a meeting held on the 23rd day of April, 2012, approved the

employment of the Superintendent in accordance with the terms and conditions of thiscontract per the attached resolution; and

Whereas, the Superintendent desires to be employed by the Board in accordance with theterms and conditions of this contract;

Now, therefore, in consideration of the mutual promises contained in this contract, it is agreedbetween the parties, as follows:

1. Term. This contract shall take effect on the 1st day of July 1, 2012 and continue inforce thereafter through the 30th day of June 2015, subject to extension and

termination as provided in paragraphs 4 and 10.

2. Duties. The Superintendent represents that she meets all Michigan requirements andholds all certificates necessary by law or Board policy for employment by the Board inthis administrative position. The Superintendent agrees to perform the duties ofSuperintendent in a competent and professional manner in compliance with the lawsapplicable to the school district, the policies and regulations adopted by the Board andsuch other professional duties as may be from time to time prescribed by the Boardwhich are not expressly contrary to law or the terms of this contract.

3. Evaluation. The Superintendent shall be evaluated twice yearly in June and January,

and no later than March 30, by the Board to review her performance in accordancewith Board policy.

4. Extension. This contract may be extended or not renewed either by option of theBoard or by operation of law, as follows:

A. Board option. The Board may take action annually prior to March 30 to extendthis contract for an additional year, written notification must be given to theSuperintendent by March 30 of the final year of this contract.

B. Operation of law. Unless the Board gives written notice of non-renewal of this

contract to the Superintendent at least 90 days before the contract’s terminationdate, this contract will, without further action, be extended an additional year asprovided by Public Act 289 of 1995, being section 1229 of the Michigan RevisedSchool Code. The Superintendent shall advise the Board of this obligationduring the month of January in the final year of the contract as extended.

5. Tenure exclusion. This contract does not confer tenure upon the Superintendent inthis position or any other administrative position in the district.

(Continued)


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6. Compensation. The base salary for this contract shall not be less than $139,432,

plus $3,000 for longevity for a total salary of $142,432 for each contract year. Thesalary will be paid in equal installments per normal Board policy. The Board reservesthe right to increase the salary of the Superintendent during the term of this contract.The Superintendent will receive a minimal annual salary increase equal to the annualteachers’ contracted increase. Any other increase in salary made during the term of

this contract shall be in the form of a written amendment and, when executed by theSuperintendent and the Board, shall become a part of this contract.

A. Tax-Sheltered Annuity. The Superintendent shall annually receive a Boardpaid tax-sheltered annuity in an amount equal to 5% of the compensation fromSection 6.

7. Fringe benefits. The Superintendent shall be given such fringe benefits as are setforth hereafter or as may be authorized by the Board from time to time. The Boardshall pay the full premium cost of the following:

A. Group term Life Insurance with Accidental Death and Disability, and Long-TermDisability Insurance as offered by the district.

B. Up to full family medical insurance, as defined by the district’s insurance carrier,including dental and vision insurance. Beginning July 1, 2014 health insurancepremium benefits will be amended to comply with PA152 of 2011.

8. Retirement. The Board shall contribute to the Michigan Public School Employees’Retirement System on Behalf of the Superintendent in accordance with applicablelaws.

9. Vacation. The Superintendent shall be granted a vacation period not to exceed 30days for each contract year. A maximum of ten (10) vacation days per year may becashed in each year of the contract.

10. Termination. During the term of this contract the Superintendent shall be subject todischarge for good and just causes, but the Board shall not arbitrarily and capriciouslydismiss her. For purposes of this agreement, the term “just cause” shall include, but isnot limited to, acts of moral turpitude, misconduct, dishonesty, fraud, insubordination,incompetence, or if the Superintendent materially breaches the terms and conditionsof the agreement. These criteria for termination of this contract during its term shallnot be applicable to non-renewal of this contract which shall be discretionary with theBoard. In the event the Superintendent’s employment is terminated during the termhereof for just cause, this contract shall terminate and the Board shall have no furtherobligation hereunder. No discharge shall be effective until written charges have beenserved upon her, and she shall have an opportunity for a fair hearing before the Boardnot sooner than ten (10) business days following the Superintendent’s receipt ofwritten notice. At such hearing, she may have legal counsel at her expense.

(Continued)


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11. Hold Harmless. The District agrees that it shall defend, hold harmless and indemnify

the Superintendent from any and all demands, claims, suits, actions and legalproceedings brought against the Superintendent in her individual capacity, or in herofficial capacity as agent and Employer of the District, provided the incident arosewhile the Superintendent was acting within the scope of her employment.

The Board shall provide liability insurance for the Superintendent to cover legalexpenses, defense of claims and payment of judgments resulting from her functioningas Superintendent, and will reimburse her for any portion of such expense and

judgments not covered by insurance. In no case will individual Board members beconsidered personally liable for indemnifying the Superintendent again such demands,claims, suits, actions and legal proceedings.

In witness whereof, the parties have duly executed this Superintendent’s EmploymentContract as of the Day and year written in the opening paragraph.

SUPERINTENDENT BOARDHartland Consolidated SchoolsLivingston County, Michigan

______________________________ By ________________________________Janet Sifferman Kevin Kaszyca, President

______________________________ ________________________________Date Cynthia Sinelli, Secretary

livingston county superintendent's contracts

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