board of education special meeting saturday m 4, 2017 … · board of education special meeting •...
TRANSCRIPT
BOARD OF EDUCATION
SPECIAL MEETING • SATURDAY, MARCH 4, 2017 • 8:30 AM • BOARD ROOM
AGENDA
I. Call to Order
II. Roll Call and Quorum
III. Pledge of Allegiance
IV. Hearing of Delegations
V. Closed Session
A. The appointment, resignation,employment, retirement, compensation, discipline, performance, or dismissal of specific employees of the public body
VI. Open Session
VII. Approval of First Amendment to Administrative Employment Agreement 2
VIII. Approval of New Superintendent Employment Agreement 9
IX. Principal Search Process 30
X. Adjournment
Fenton Board of Education Special Meeting
March 4, 2017
Motion to Approve The Resolution Authorizing Approval of First
Amendment to Administrave Employment Agreement
Recommendation
That the Board of Education approve the resolution authorizing approval of
First Amendment to Administrative Employment Agreement/Associate
Superintendent for Education Services/Principal and approval of the First
Amendment.
131638436v1 0778647
FIRST AMENDMENT TO ADMINISTRATIVE EMPLOYMENT
AGREEMENT / ASSOCIATE SUPERINTENDENT FOR EDUCATIONAL
SERVICES / PRINCIPAL AGREEMENT
THIS AMENDMENT is made and entered into this 4th day of March, 2017, by and
between the BOARD OF EDUCATION OF FENTON COMMUNITY HIGH SCHOOL
DISTRICT NO. 100, DUPAGE COUNTY, ILLINOIS (hereinafter the “Board”) and MR.
JAMES ONGTENGCO, an individual (hereinafter the “Associate Superintendent”):
R E C I T A L S:
WHEREAS, Mr. Ongtengco is currently employed as the Associate Superintendent of
Fenton Community High School District No. 100, DuPage County, Illinois, pursuant to an
Administrative Employment Agreement / Associate Superintendent for Educational Services /
Principal Employment Agreement dated March 16, 2015 (hereinafter the “Associate
Superintendent Agreement”); and
WHEREAS, the Board and Associate Superintendent are desirous of amending the
Associate Superintendent Agreement;
NOW, THEREFORE, in consideration of the promises hereinafter set forth and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, it is agreed between the parties as follows:
1. Recitals. The above and foregoing recitals are incorporated into, and made a
contractual part of this Amendment and Agreement.
2. Amendment of Agreement. The Associate Superintendent Agreement between
the Board and the Associate Superintendent dated March 16, 2015, is amended as follows:
131638436v1 0778647
A. EMPLOYMENT AND COMPENSATION, is amended in its entirety as
follows:
The Board hereby employs James Ongtengco as the Associate
Superintendent for Educational Services / Principal for two (2) years,
commencing July 1, 2015 and terminating on June 30, 2017, with such
responsibilities and duties in that connection as may be fixed by the Board
in this Agreement and its policies, rules and procedures.
B. The parties, by execution of this Amendment, do hereby expressly agree
that this Amendment shall become part of the Agreement, and is hereby
incorporated into and made a part of the Associate Superintendent
Agreement by reference. By signing this Amendment, it shall not be
considered that the Board has entered into a new agreement with the
Associate Superintendent.
MR. JAMES ONGTENGCO
BOARD OF EDUCATION OF
FENTON COMMUNITY HIGH
SCHOOL DISTRICT 100,
DUPAGE COUNTY, ILLINOIS
________________________________
By:_____________________________
President, Board of Education
Attest: By:____________________________
Secretary, Board of Education
131638436v1 0778647
CERTIFICATION
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
I, the undersigned, do hereby certify that I am the duly qualified and acting Secretary of
the Board of Education of Fenton Community High School District No. 100, DuPage County,
Illinois ("Board"), and as such official I am the keeper of the records and files of the Board.
I do further certify that the foregoing constitutes a full, true and complete copy of the
Resolution adopted by the Board at its meeting held on the 4th day of March, 2017, said
Resolution entitled,
FIRST AMENDMENT TO ADMINISTRATIVE EMPLOYMENT
AGREEMENT / ASSOCIATE SUPERINTENDENT FOR EDUCATIONAL
SERVICES / PRINCIPAL AGREEMENT
a true and correct and complete copy of which said Resolution as adopted at said meeting
appears in the minutes of said meeting.
I do further certify that the roll call vote taken adopting said Resolution was conducted
openly, that said meeting was called and held at a specified time and place convenient to the
public, that said meeting was called and held in strict compliance with the provisions of the Open
Meetings Act of the State of Illinois, as amended, and that the Board of Education has complied
with all of the provisions of said Act and with all of the procedural rules of the Board.
IN WITNESS WHEREOF, I hereunto affix my official signature this 4th day of March,
2017.
________________________________________
Secretary, Board of Education,
Fenton Community High School District No. 100
131638355v1 0778647
BOARD OF EDUCATION OF
FENTON COMMUNITY HIGH SCHOOL DISTRICT NO. 100
DuPage County, Illinois
RESOLUTION AUTHORIZING APPROVAL OF FIRST AMENDMENT TO
ADMINISTRATIVE EMPLOYMENT AGREEMENT
ASSOCIATE SUPERINTENDENT FOR EDUCATIONAL SERVICES / PRINCIPAL
WHEREAS, the Board of Education of Fenton Community High School District No.
100, DuPage County, Illinois and Mr. James Ongtengco entered into an Administrative
Employment Agreement / Associate Superintendent For Educational Services / Principal
Agreement dated March 16, 2015 (“Associate Superintendent Agreement”); and
WHEREAS, the Board of Education has determined that it is in the best interest of the
School District to amend the current Associate Superintendent Agreement for the School
District and enter into an Amendment to the Associate Superintendent Agreement;
NOW, THEREFORE, be it resolved by the Board of Education of Fenton Community
High School District No. 100, DuPage County, Illinois, as follows:
1. That the recitals above are incorporated herein this Resolution;
2. That the Board of Education President and Secretary are hereby authorized to
execute the First Amendment to the Associate Superintendent Agreement.
131638355v1 0778647
ADOPTED this 4th day of March, 2017, by the following vote:
Member ______________________________ moved the adoption of the foregoing
Resolution, and Member _________________________ seconded the Motion. Upon a roll
call vote being taken, the members voted as follows:
AYES: _______________
NAYS: _______________
ABSENT: ________________
_________________________________
President, Board of Education, Fenton
Community High School, District No 100
DuPage County, Illinois
Attest:
____________________________________
Secretary, Board of Education of Fenton
Community High School, District No.100
DuPage County, Illinois
131638355v1 0778647
CERTIFICATION
STATE OF ILLINOIS )
) SS
COUNTY OF DUPAGE )
I, the undersigned, do hereby certify that I am the duly qualified and acting Secretary
of the Board of Education of Fenton Community High School District No. 100, DuPage
County, Illinois (“Board”), and as such official I am the keeper of the records and files of the
Board.
I do further certify that the foregoing constitutes a full, true and complete copy of the
Resolution adopted by the Board at its meeting held on the 4th day of March, 2017, said
Resolution entitled,
RESOLUTION AUTHORIZING APPROVAL OF FIRST AMENDMENT TO
ASSOCIATE SUPERINTENDENT AGREEMENT
a true and correct and complete copy of which said Resolution as adopted at said meeting
appears in the minutes of said meeting.
I do further certify that the roll call vote taken adopting said Resolution was conducted
openly, that said meeting was called and held at a specified time and place convenient to the
public, that said meeting was called and held in strict compliance with the provisions of the
Open Meetings Act of the State of Illinois, as amended, and that the Board of Education has
complied with all of the provisions of said Act and with all of the procedural rules of the
Board.
IN WITNESS WHEREOF, I hereunto affix my official signature this 4th day of
March, 2017.
___________________________________
Secretary, Board of Education of Fenton
Community High School, District No. 100
Fenton Board of Education Special Meeting
March 4, 2017
Motion to Approve The Resolution Authorizing Approval of a New
Superintendent Employment Agreement and Superintendent
Employment Agreement 2017-2022
Recommendation
That the Board of Education approve the resolution authorizing approval of
a new Superintendent Employment Agreement and approval of the
Superintendent Employment Agreement beginning July 1, 2017 through
June 30, 2022.
131635257v1 0778647
BOARD OF EDUCATION OF
FENTON COMMUNITY HIGH SCHOOL DISTRICT NO. 100
DuPage County, Illinois
RESOLUTION AUTHORIZING APPROVAL OF NEW SUPERINTENDENT
EMPLOYMENT AGREEMENT
WHEREAS, the Board of Education of Fenton Community High School District No.
100, DuPage County, Illinois (the “Board”), and Mr. James Ongtengco (“Mr. Ongtengco”) wish
to enter into a new Superintendent Employment Agreement to serve as the Superintendent for
Fenton Community High School District No. 100, DuPage County, Illinois, effective July 1,
2017 through and including June 30, 2022 (“Superintendent Employment Agreement”); and
WHEREAS, the Board has employed and hereby continues to employ Mr. Ongtengco as
Associate Superintendent for Education Services / Principal for the period commencing July 1,
2015 and ending June 30, 2018 pursuant to an Administrative Employment Agreement –
Associate Superintendent for Educational Services / Principal (“Associate Superintendent
Agreement”), dated March 16, 2015.
WHEREAS, the Board believes it is in the best interest of Fenton Community High
School District No. 100, DuPage, County, Illinois, to enter into a new Superintendent
Employment Agreement with Mr. Ongtengco.
NOW, THEREFORE, be it resolved by the Board of Education of Fenton Community
High School District No. 100, DuPage County, Illinois, as follows:
1. That the recitals above are incorporated herein this Resolution.
2. That pursuant to 105 ILCS 5/10-23.8 of the School Code, Mr. Ongtengco has
successfully completed and met the performance and improvement goals as contained in the
Associate Superintendent Agreement.
131635257v1 0778647
3. That the Board of Education President and Secretary are hereby authorized to
execute the New Superintendent Employment Agreement effective July 1, 2017 through June 30,
2022. (A specimen copy of the Superintendent Employment Agreement is attached hereto and
made a part hereof this Resolution.)
ADOPTED this 4th day of March, 2017, by the following vote:
Member ______________________________ moved the adoption of the foregoing
Resolution, and Member _________________________ seconded the Motion. Upon a roll call
vote being taken, the members voted as follows:
AYES: _______________
NAYS: _______________
ABSENT: _______________
___________________________________
President, Board of Education, Fenton
Community High School District No. 100,
DuPage County, Illinois
Attest:
______________________________________
Secretary, Board of Education,
Fenton Community High School District No. 100,
DuPage County, Illinois
131635257v1 0778647
CERTIFICATION
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
I, the undersigned, do hereby certify that I am the duly qualified and acting Secretary of
the Board of Education of Fenton Community High School District No. 100, DuPage County,
Illinois ("Board"), and as such official I am the keeper of the records and files of the Board.
I do further certify that the foregoing constitutes a full, true and complete copy of the
Resolution adopted by the Board at its meeting held on the 4th day of March, 2017, said
Resolution entitled,
RESOLUTION AUTHORIZING APPROVAL OF NEW SUPERINTENDENT
EMPLOYMENT AGREEMENT
a true and correct and complete copy of which said Resolution as adopted at said meeting
appears in the minutes of said meeting.
I do further certify that the roll call vote taken adopting said Resolution was conducted
openly, that said meeting was called and held at a specified time and place convenient to the
public, that said meeting was called and held in strict compliance with the provisions of the Open
Meetings Act of the State of Illinois, as amended, and that the Board of Education has complied
with all of the provisions of said Act and with all of the procedural rules of the Board.
IN WITNESS WHEREOF, I hereunto affix my official signature this 4th day of March,
2017.
________________________________________
Secretary, Board of Education,
Fenton Community High School District No. 100
131631750v3 0778647
FENTON COMMUNITY HIGH SCHOOL
DISTRICT NO. 100
SUPERINTENDENT EMPLOYMENT AGREEMENT
THIS AGREEMENT is made this 4th day of March, 2017, by and between the BOARD OF
EDUCATION, FENTON COMMUNITY HIGH SCHOOL DISTRICT NO. 100 (the "Board" or
“District 100"), and MR. JAMES ONGTENGCO (“Mr. Ongtengco” and/or "Superintendent").
IT IS AGREED:
A. EMPLOYMENT AS ASSOCIATE SUPERINTENDENT FOR EDUCATIONAL
SERVICES/PRINCIPAL
The Board has employed and hereby continues to employ Mr. Ongtengco as Associate
Superintendent for Educational Services/Principal for the period commencing July 1, 2015 and
ending June 30, 2018 on the salary, benefits and conditions set forth in the “Administrative
Employment Agreement - Associate Superintendent for Educational Services/Principal
Employment Agreement” dated March 16, 2015 (“Associate Superintendent Agreement”) which is
attached hereto and incorporated herein as Exhibit A. Effective July 1, 2017, the terms of Mr.
Ongtengco’s continued employment will be governed by the Sections and provisions of this
Superintendent Employment Agreement as set forth below, and any amendments thereof of this
Agreement. In addition, all obligations as Associate Superintendent for Educational Services /
Principal under this paragraph A and the Associate Superintendent Agreement will be discontinued.
Pursuant to 105 ILCS 5/10-23.8 of the School Code, Mr. Ongtengco has successfully completed and
met the performance and improvement goals as contained in the Associate Superintendent
Agreement.
B. EMPLOYMENT AS SUPERINTENDENT
1. Employment. Mr. Ongtengco is hereby retained from July 1, 2017 through and including
June 30, 2022 as Superintendent of Schools for Fenton Community High School District No. 100,
DuPage County, Illinois.
2. Duties. The duties and responsibilities of the Superintendent will be those duties incident to
the Office of Superintendent as set forth in the job description; those obligations imposed by the
laws of the State of Illinois upon superintendents; and such other duties as from time to time may
be assigned to the Superintendent by the Board.
3. Student Performance and Academic Improvement. This Agreement is a performance-based
contract pursuant to 105 ILCS 5/10-23.8 of the School Code.
Annually, the Superintendent, with the assistance of his administrative team shall:
(a) evaluate student performance and academic improvement as determined and used by
the Board to measure the performance and effectiveness of the Superintendent and
such other information as the Board may determine, which shall include but not be
limited to student performance on standardized tests such as performance on the state
provided assessment, completion of the curriculum, attendance and dropout rates;
2 131631750v3 0778647
(b) review the curriculum and instructional services of District 100; and
(c) report to the Board on his findings as to (i) student performance and (ii)
recommendations, if any, for curriculum or instructional changes as a result of his
evaluation of student performance.
The Board's and Superintendent's decision to add or revise performance goals shall be considered an
implementation of this provision of this Agreement and shall not constitute or require an
amendment to this Agreement.
4. Salary. For the 2017-2018 contract year, the Superintendent’s annual base salary shall be
One Hundred Sixty Two Thousand Five Hundred and 00/100 Dollars ($162,500); for the 2018-2019
contract year, the Superintendent’s annual base salary shall be One Hundred Sixty Nine Thousand
and 00/100 Dollars ($169,000); for the 2019-2020 contract year, the Superintendent’s annual base
salary shall be One Hundred Seventy Five Thousand Seven Hundred Sixty and 00/100 Dollars
($175,760); for the 2020-2021 contract year, the Superintendent’s annual base salary shall be One
Hundred Eighty Two Thousand Seven Hundred Ninety and 40/100’s Dollars ($182,790.40); and for
the 2021-2022 contract year, the Superintendent’s annual base salary shall be One Hundred Ninety
Thousand One Hundred Two and 02/100’s Dollars ($190,102.02). The Superintendent hereby
agrees to devote such time, skill, labor and attention to his employment during the term of this
Agreement, except as otherwise provided in this Agreement, in order to perform faithfully the
duties of Superintendent.
The Superintendent's salary will be paid in equal installments in accordance with the policies and
procedures of the Board governing payment of salary to other certificated members of the
professional staff.
5. Deferred Compensation. The Superintendent may elect that a portion of his salary (as stated
in Section 4) be used to purchase a tax sheltered annuity pursuant to Section 403(b) of the Internal
Revenue Code of 1986 (the "Code"), as amended, and/or a deferred compensation plan
pursuant to Code Section 457. It is understood and agreed that the cost of the purchase
of any annuity or plan will be deducted from the Superintendent's annual salary and will not
require an expenditure of funds by the Board above the amount paid to the Superintendent in the
form of salary, except as may be later agreed upon by the Board through the establishment of
a noncontributory plan of deferred compensation.
(a) Annuity. In addition to the Superintendent’s annual base salary as referred in Section
4 of this Agreement, the Board shall pay and contribute to a non-elective employer
contribution pursuant to Code Section 403(b) and / or Code Section 457 as designated
by the Superintendent as follows: Two Thousand Five Hundred and 00/100 Dollars
($2,500) for contract year 2017-2018; Five Thousand and 00/100 Dollars ($5,000) for
contract year 2018-2019; Seven Thousand Five Hundred and 00/100 Dollars ($7,500)
for contract year 2019-2020; Nine Thousand and 00/100 Dollars ($9,000) for contract
year 2020-2021; and Eleven Thousand Five Hundred and 00/100 Dollars ($11,500)
for contract year 2021-2022.
6. Teachers' Retirement System Contribution. In addition to the salary paid to the
Superintendent by the Board as expressed in Section 4, the Board will pick up and pay on the
3 131631750v3 0778647
Superintendent's behalf, the Superintendent's entire contribution to the Illinois Teachers'
Retirement System ("TRS"), pursuant to the Illinois Pension Code.
It is the intention of the parties to qualify all such payments picked up and paid by the Board on
the Superintendent's behalf as employer payments pursuant to Section 414(h) of the Internal
Revenue Code of 1986, as amended. The Superintendent will have no right or claim to the
funds so remitted except as they may subsequently become available upon retirement or
resignation from TRS. The Superintendent does not have the option of choosing to receive the
contributed amounts directly instead of having those contributions paid by the Board to TRS.
These contributions are made as a condition of the Superintendent's employment for his future
service, knowledge and experience.
However, if legislation is enacted that limits the employer's ability to perform its obligations
under this paragraph, the Board shall pay the difference to the Superintendent as salary to the extent
the Board's total cost for salary and pick up of the TRS contribution equals the Board's total cost
before enactment of such legislation. The Board's and Superintendent's implementation herein shall
be in implementation of this provision of this Agreement and shall not constitute or require an
amendment to this Agreement.
7. Teachers' Health Insurance Security Fund Contribution.
The Board will pick up and pay on behalf of the Superintendent his entire contribution to the
Teachers' Health Insurance Security ("THIS") fund. The Board will remit this contribution to the
TRS as the fund's collection agent. Payments made by the Board to TRS under this section will
not be reportable to TRS as creditable earnings. The parties further agree that the
payments will be excluded from the Superintendent's taxable income.
The Board and the Superintendent make no commitment or guarantee that the Board's payment of
the contribution limit will continue to be excludable from the Superintendent's gross income for
federal or state income tax purposes, or that any other federal or state tax treatment will apply.
Because neither party can represent what position the IRS, or any other government entity, will take
with respect to these payments and withholdings, it is mutually agreed that each party will be
responsible for any miscalculations for which it is legally responsible without indemnification or
any other recourse from the other party. That is, if it is subsequently determined that the
Superintendent should have paid taxes on any portion of the contribution limit for which she
did not pay taxes, the interest and penalties are the Superintendent's responsibility alone. If
the Board is penalized for failing to withhold enough taxes based on the payroll information in its
possession at the time of payment of the contribution limit, those penalties are the Board's
responsibility alone. Both the Board and the Superintendent expressly waive the right to seek
indemnification or reimbursement from the other as the result of any government decision
on the taxability of these amounts. In the event the IRS, or any other government entity,
determines that the Superintendent owes more taxes, he has no right to seek additional sums from
the Board.
However, if legislation is enacted that limits the employer's ability to perform its obligations
under this paragraph, the Board shall pay the difference to the Superintendent as salary to the extent
the Board's total cost for salary and pick up of the THIS contribution equals the Board's total cost
4 131631750v3 0778647
before enactment of such legislation. The Board's and Superintendent's implementation herein shall
be in implementation of this provision of this Agreement and shall not constitute or require an
amendment to this Agreement.
(a) Medicare. The Board, if applicable, shall pick-up and pay on behalf of the
Superintendent his entire contribution to the Medicare fund.
8. Hospitalization/Major Medical Insurance. The Board will provide and pay the premium for
hospitalization and major medical insurance, vision insurance, and dental insurance for the
Superintendent and the members of the Superintendent's immediate family during the term of this
Agreement. The policy will be in accordance with the policy extended to certificated members of
the professional staff.
9. Term Life. The Board will provide and pay the premiums for a term life insurance policy for
the Superintendent during the term of this Agreement in the amount of three (3) times the
Superintendent's annual base salary during the term of this Agreement. The Board will assign the
ownership of the term life insurance to a person or trust designated by the Superintendent, and upon
termination of this Agreement will allow the owner to continue the life insurance policy at his own
expense.
10. Medical Examination. At least once a year during the term of this Agreement, the
Superintendent will obtain a comprehensive medical examination with the actual cost paid by
the Board. A copy of the examination or a certificate of the physician certifying the physical
competency of the Superintendent will be given to the President of the Board. The physician
performing the medical examination will be one licensed to practice medicine in all of its branches
and will be chosen by the Superintendent.
11. Sick Leave. The Superintendent will be entitled to 15 days of sick leave annually. Earned
sick leave will accumulate to a maximum of 360 days and will be subject to such other provisions
as may be contained in school district policies and procedures.
12. Vacation and Personal Leave. The Superintendent will receive twenty (20) calendar days of
vacation in each contract year on each July 1, which will be exclusive of legal holidays. For each
contract year, the Superintendent may (1) carry over up to five (5) unused vacation days for use in
the following fiscal year, (2) exchange up to five (5) unused vacation days for payment at the
Superintendent's then current per diem and/or (3) a combination of both.
The Superintendent shall be entitled to three (3) personal leave days at full pay for the purpose of
attending to personal business. Personal business shall mean legal, medical, religious, and family
matters which cannot be attended to during non-school hours and days. Unused personal leave shall
accumulate as sick leave.
13. Business Expenses/Cell Phone/Travel Expenses. It is anticipated and agreed that the
Superintendent will be required to incur certain personal expenses for the official business of the
District. As such, the Board agrees to reimburse the Superintendent for any such expenses incurred
by him on behalf of the Board, subject, however, to the Board's approval of such expenses.
It is understood by both Parties that the Board has substantial reasons relating to District business
for providing the Superintendent with a cellular telephone such that the provision of such telephone
5 131631750v3 0778647
and service is primarily for non-compensatory business reasons. Those reasons include: (1) the
ability of the Board and District staff to reach the Superintendent at all times for work-related
emergencies; (2) the Board's requirement that the Superintendent be able to speak with the Board
and District staff and consultants at times when he is away from the office; and (3) the Board's
expectation that the Superintendent will need to contact the District while in another time zone
before and after normal work hours. Therefore, for each Contract Year, the Board shall select and
provide a cellular phone or pda and corresponding service for the use by the Superintendent.
The Superintendent shall be reimbursed at the current IRS rate per mile for transportation in his
personal vehicle which is incidental to his duties on behalf of the School District. The
Superintendent shall not receive reimbursement for mileage incurred in commuting to and from the
Superintendent’s office.
14. Tuition Reimbursement. The Board will contribute toward the tuition cost of the
Superintendent for graduate study courses related to his assignment. This reimbursement shall be
for the tuition cost incurred, but shall not exceed Two Thousand and 00/100 Dollars ($2,000)
annually. Evidence of successful completion of course and receipt of transcript shall be required for
reimbursement.
If the Superintendent successfully completes and is awarded a doctoral degree, he shall be paid a
one-time additional payment of Five Thousand and 00/100 Dollars ($5,000) for the contract year in
which the doctorate is awarded.
15. Membership Dues. Subject to approval of the Board, the Board shall pay for all dues and
membership fees to a reasonable number of local, state and national professional organizations,
including by not limited to the Illinois Association of School Administrators, the American
Association of School Administrators and the Illinois Principals Association.
The Superintendent is also encouraged to participate in local civic and fraternal organizations in the
interest of promoting a better understanding of the District and its concerns. Subject to its approval,
the Board shall pay the dues incurred through membership in such organizations
16. Other Benefits and Leave. The Superintendent will be allowed such other privileges, leaves,
and fringe benefits not specifically enumerated herein as are extended to all other certificated
personnel.
17. Other Work. With the prior approval of the Board President, the Superintendent may
undertake consultative work, speaking engagements, writing, lecturing or other professional duties
and obligations. Provided, however, that this other work will not interfere in a material and
substantial manner with the Superintendent's obligations set forth in this Agreement.
18. Professional Activities. The Superintendent will be encouraged to attend appropriate
professional meetings at the local, state and national levels. Within budget constraints and after
presentation of vouchered expenses, such costs of attendance will be paid by the Board pursuant to
its policies and procedures.
19. Background Investigation. Pursuant to 105 ILCS 5/10-21.9, boards of education are
prohibited from knowingly employing a person who has been convicted of committing or
attempting to commit the named crimes therein. If the fingerprint-based criminal
6 131631750v3 0778647
background investigation required by Illinois law is not completed at the time this
Agreement is signed, and the subsequent investigation report reveals there has been such a
conviction, this Agreement will immediately become null and void.
20. License. The Superintendent will furnish to the Board during the term of this
Agreement, a valid and appropriate license to act as Superintendent in accordance with the
laws of the State of Illinois and as directed by the Board.
21. Evaluation. The Board and the Superintendent agree that during each school year of
this Agreement, but not later than April l of each school year, there will be an evaluation of the
Superintendent's performance under the Agreement. The evaluation will consider, but not be
limited to, an examination of the establishment and maintenance of educational goals,
administration of personnel, rapport with the Board, staff and community and such other factors of
appraisal as may be appropriate. The performance of the Superintendent will be appraised by the
Board and a written evaluation of that performance given to the Superintendent. The parties may
elect to meet and confer on the evaluation prior to the preparation of the formal evaluation.
22. Waiver of Tenure. By accepting the terms of this Agreement, the Superintendent waives
all rights to tenure granted under Sections 24-11 through 24-16 of the Illinois School Code during
the term of this Agreement.
23. Termination of Agreement. This Agreement may be terminated by:
A. Mutual Agreement of the parties.
B. Retirement.
C. Resignation, provided, however, the Superintendent gives the Board at least ninety
(90) days notice of the proposed resignation.
D. Discharge for cause. "For cause" will mean any conduct, act, or failure to act by
the Superintendent which is detrimental to the best interests of the School District.
Reasons for discharge for cause will be given in writing to the Superintendent, who
will be entitled to notice and a hearing before the Board to discuss such causes. If
the Superintendent chooses to be accompanied by legal counsel, he will bear any
costs therein involved. The Board hearing will be conducted in closed session.
E. Failure to comply with the terms and conditions of this Agreement after notification
and a reasonable opportunity to correct, where appropriate.
In the event the Board initiates proceedings to terminate this Agreement under Paragraph 23,
Section D or E above, the Superintendent and Board agree to negotiate and settle any and all claims
and demands which may arise from or be connected with such termination. If a mutual settlement
cannot be reached, then the Board and Superintendent hereby agree that the Board shall pay
liquidated damages to the Superintendent in a monetary amount equal to the full compensation /
salary / annuities and other benefits due and owing for the remaining contract years through the
remaining term of this Agreement, June 30, 2022, including the after-tax value of the fringe
benefits, in exchange for a full release by the Superintendent of any and all claims, rights, causes of
7 131631750v3 0778647
actions, proceedings, or privileges the Superintendent might have pursuant to this Agreement or any
federal or state constitutional, statutory, or administrative provision.
24. Extension of Agreement/Notice of Non-Renewal. This Agreement will be reviewed by
the Board and the Superintendent annually on or before April 1 of each year, and may then be
extended for a period as provided by law, upon such terms and conditions as may be mutually
agreed to by the parties, and reduced to writing and signed by the parties.
Provided, however, notwithstanding anything contained in this Agreement to the contrary, this
Agreement will not be extended or rolled-over prior to its scheduled expiration date of June
30, 2022 (as stated in Section 1 of this Agreement) unless all of the student performance and
academic improvement goals contained in this Agreement have been met.
However, in the final contract year, notice of non-renewal must be given in accordance with 105
ILCS 5/10-21.4 and if said notice is not provided, this Agrement shall automatically extend for one
(1) additional year. All due process requirements of 105 ILCS 5/10-21.4 shall be afforded to the
Superintendent.
25. Professional Liability. The Board agrees that it will defend, hold harmless, and indemnify
the ·Superintendent from any and all demands, claims, suits, actions and legal proceedings
brought against the Superintendent in his individual capacity, or in his official capacity as
agent and employee of the District provided the incident arose while the Superintendent was
acting within the scope of his employment and excluding criminal litigation and such liability
coverage as is beyond the authority of the School Board to provide under state law. Except that
in no case, will individual Board members be considered personally liable for indemnifying the
Superintendent against such demands, claims, suits, actions and legal proceedings.
26. Notice. Any notice or communication permitted or required under this
Agreement will be in writing and will become effective on the day of mailing by registered
or certified mail addressed:
If to the Board, to: President, Board of Education, Fenton Community High
School District No. 100
If to the Superintendent, to: Mr. James Ongtengco, Superintendent, Fenton
Community High School District No. 100
(or at the address of the District/Superintendent contained
in the official Business Office records of the District).
27. Miscellaneous.
A. This Agreement has been executed in Illinois, and will be governed in
accordance with the laws of the State of Illinois in every respect.
B. Section headings and numbers have been inserted for convenience of reference only,
and if there will be any conflict between such headings or numbers and the text of
this Agreement, the text will control.
8 131631750v3 0778647
C. This Agreement may be executed in one or more counterparts,. each of which will
be considered an original, and all of which taken together will be considered one
and the same instrument.
D. This Agreement contains all the terms agreed upon by the parties with respect to
the subject matter of this Agreement and it supersedes all prior
Agreements, arrangements, and communications between the parties concerning
such subject matter, whether oral or written.
E. Except as may otherwise be provided herein, no subsequent alteration, change, or
addition to this Agreement will be binding upon the parties unless reduced to writing
and duly authorized and signed by each of them.
F. The Board retains the right to repeal, change or modify any policies or
procedures which it has adopted or may hereafter adopt, subject however, to
restrictions contained in the Illinois School Code and other applicable law.
G. If any section, provision, paragraph, phrase, clause or word contained herein
is held to be void, invalid or contrary to law by a court of competent jurisdiction,
it will be deemed removed herefrom, and the remainder of this Agreement
will continue to have its intended full force and effect.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in
their respective names and in the case of the Board, by its President and Secretary on the day
and year first above written.
BOARD OF EDUCATION,
FENTON COMMUNITY HIGH SCHOOL
DISTRICT NO. 100
___________________________________
President, Board of Education, Fenton
Community High School District No. 100,
DuPage County, Illinois
Attest:
______________________________________
Secretary, Board of Education,
Fenton Community High School District No.
100, DuPage County, Illinois
____________________________________
James Ongtengco, Superintendent
9 131631750v3 0778647
FENTON COMMUNITY HIGH SCHOOL
DISTRICT NO. 100
SUPERINTENDENT EMPLOYMENT AGREEMENT
EXHIBIT A
10 131631750v3 0778647
11 131631750v3 0778647
12 131631750v3 0778647
13 131631750v3 0778647
14 131631750v3 0778647
131631750v3 0778647
EXHIBIT B
Administrative Goals / Performance
STANDARD 1 – FACILITATING A VISION OF LEARNING
A school administrator is an educational leader who promotes the success of all students by
facilitating the development, articulation, implementation and stewardship of a vision of learning
that is shared and supported by the school community.
Performance Indicators: The administrator facilitates processes and engages in activities ensuring that:
1a. the vision and mission are collaboratively developed, align with and promote the school
district’s beliefs, vision and mission.
1b. the vision and mission shape the educational programs, plans and actions of the school and the
school community is involved in the school improvement efforts.
1c. data related to school learning and demographic data pertaining to students and their families
are used to develop the school mission and goals.
1d. an implementation plan is developed in which objectives and strategies to achieve the vision and
goals are clearly articulated; barriers to achieving implementation plan are regularly monitored
and revised.
1e. financial, human and material resources are sought and obtained to support the implementation
of the school mission and goals.
STANDARD 2 – SCHOOL CULTURE AND INSTRUCTIONAL PROGRAM
A school administrator is an educational leader who promotes the success of all students by
advocating, nurturing and sustaining a school culture and instructional program conducive to
student learning and staff professional growth.
Performance Indicators: The administrator facilitates processes and engages in activities ensuring that:
2a. students and staff are valued, treated with fairness, dignity and respect by acknowledging the
responsibilities and contributions of each individual.
2b. professional development promotes a focus on student learning consistent with the school
vision, district’s critical goals and quality learning; barriers to designing quality work are
identified, clarified and addressed.
2c. multiple opportunities and technologies are available to all students.
2d. there is a school climate and culture of high expectation for self, student and staff performance
so that the school is organized for success and the climate and culture are assessed on an
ongoing basis.
2e. curricular decisions are based on research.
2f. multiple sources of information and performance data are used by staff and students to make
decisions about learning experiences.
2g. life-long learning is encouraged and modeled through one’s professional development.
2h. the district supervisory model is utilized in the evaluation process.
2i. pupil personnel programs are developed to meet the needs of students and their families.
2j. staff selection is an open and fair process aligned with district procedures.
16 131631750v3 0778647
STANDARD 3 – MANAGEMENT
A school administrator is an educational leader who promotes the success of all students by
ensuring management of the organization, operations and resources for a safe, efficient and
effective learning environment.
Performance Indicators: The administrator facilitates processes and engages in activities ensuring that:
3a. operational plans and procedures are designed and managed to maximize opportunities for
learning and achieve the vision and goals of the school.
3b. collective bargaining and other contractual agreements related to the school are effectively
managed.
3c. the school plant, equipment and support systems operate safely, efficiently and effectively.
3d. knowledge of emerging trends and resources are utilized to attain organizational goals.
3e. effective problem-framing, problem solving skills and decision-making skills are used to solve
potential problems in a timely manner.
3f. responsibilities for managing resources of the school are ethically, legally, efficiently and
effectively shared.
3g. there is effective use of technology to manage school operations.
3h. organizational systems are monitored on an ongoing basis and modified as needed.
3i. a safe, clean and aesthetically pleasing school environment is created and maintained.
STANDARD 4 – COLLABORATION AND NETWORKING WITH ALL STAKEHOLDERS AND
PROFESSIONAL COLLEAGUES
A school administrator is an educational leader who promotes the success of all students by
collaborating with families and community members, responding to diverse community interests
and needs, and mobilizing community resources.
Performance Indicators: The administrator facilitates processes and engages in activities ensuring that:
4a. relationships and partnerships are established with area businesses, institutions of higher
education, community groups and media sources to strengthen programs and support school
goals.
4b. the dignity of each individual is promoted, modeled and valued.
4c. visibility, involvement, communications and a comprehensive program of community relations
is a priority with the larger community.
4d. information about family and community concerns, expectations and needs is used continuously
for planning.
4e. community resources and social services are integrated to enhance both common goals and
educational goals.
4f. opportunities for staff to develop collaborative skills are provided.
4g. district stakeholders have the expectation to participate in critical school decisions at the
building level.
4h. the school district’s beliefs, vision, mission and strategic critical goals are embedded in the
district’s, school’s and community’s cultures.
4i. collaboration with colleagues within the district, other districts and professional organizations
takes place.
17 131631750v3 0778647
STANDARD 5 – ACTING WITH INTEGRITY, FAIRNESS AND IN AN ETHICAL MANNER
A school administrator is an educational leader who promotes the success of all students by acting
with integrity, fairness and in an ethical manner.
Performance Indicators: The administrator:
5a. demonstrates a personal and professional code of ethics and has clearly defined personal and
professional values.
5b. serves as a role model by demonstrating values, beliefs and attitudes that inspire others to high
levels of performance.
5c. uses the influence of the office to enhance the educational program while considering the impact
of one’s administrative practices on others.
5d. treats people fairly, equitable, with dignity and respects and protects the rights and
confidentiality of others.
5e. demonstrates appreciation for, and sensitivity to, the prevailing values of the diverse school
community.
5f. recognizes and respects the legitimate authority of others and expects others in the school
community to demonstrate integrity and exercise ethical behavior.
5g. fulfills legal and contractual obligations and applies laws and procedure fairly, wisely and
considerately.
5h. ensures that school business is conducted in an open climate.
5i. demonstrates the importance of equity in a democratic society.
STANDARD 6 – COMMUNICATION
A school administrator is an educational leader who promotes the success of all students by creating
an effective communication system that keeps staff, parents and community members informed and
conveys a positive image of school life.
Performance Indicators: The administrator facilitates processes and engages in activities ensuring that:
6a. the district and school vision and mission are communicated through the use of symbols,
ceremonies, stories and similar activities reflecting the diversity of the school community.
6b. the core beliefs of the district/school vision are communicated to everyone.
6c. staff, parents and community members are informed of processes, decisions and
accomplishments through well-developed systems of internal and external communication that
use multiple and appropriate communication modes including current technologies.
6d. there is ongoing dialogue, with ample opportunity for input from representatives of staff, parents
and community groups.
6e. decision-making occurs through a collaborative process and with multiple sources of input and
feedback.
6f. communication occurs among the school community concerning trends, issues and potential
changes in the environment in which schools operate.
Fenton Board of Education Special Meeting
March 4, 2017
Motion to Begin the Principal Search Process
Recommendation
That the Board of Education directs the Fenton Administration to begin the
Principal search process.