onondaga central schools superintendent contract with robin price 10-08-2013

7/27/2019 Onondaga Central Schools superintendent contract with Robin Price 10-08-2013

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EMPLOYMENT AGREEMENTThis Employment Agreement (the "Agreement") is hereby made by and

between the BOARD OF EDUCATION OF THE ONONDAGA CENTRAL SCHOOLDISTRICT, located in Onondaga County in the State of New York (hereinafter called the"Board "), and ROBIN PRICE, residing at 4164 Sholtz Road, Oneida , New York 13421(hereinafter called the "Superintendent"), in accordance with the action of the Board , asconfirmed in the minutes of the meeting held on the 8th day of October, 2013.

RECITALSA. The Board has offered to employ the Superintendent as the chief

executive and administrative officer of the Onondaga Central School District (the"District") under the terms and conditions set forth in this Agreement.

B. The Superintendent has accepted the Board's offer of employment.C. It is acknowledged that a written contract specifying the terms and

conditions of the Superintendent's employment with the District will provide the basis foreffective communication and future understanding between the parties .

D. In consideration of the conditions , covenants , and terms containedherein , it is mutually agreed as follows.

AGREEMENT1. Employment of Superintendent. The parties agree that the

Superintendent shall be employed by the Board to perform the duties of theSuperintendent of Schools in and for the public schools in the District, as prescribed by

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the laws of the State of New York and by the rules and regulations made thereunder bythe Board , provided that such duties are consistent with those usually performed by aSuperintendent of Schools. The Superintendent shall possess and maintain a validcertificate to act as Superintendent in the State of New York during the entire period ofemployment with the District.

2. Duties and Authority of Superintendent. The Superintendent ofSchools shall be the chief administrative officer of the District and shall perform all theduties, accept all the responsibilities , and have all the power and authority ordinarilyrequired of and vested in a Superintendent of Schools in the District or in a similarschool district pursuant to the provisions of the Education Law of the State of New York .The Superintendent of Schools shall also perform the duties and responsibilitiesspecified in this Agreement and in Section 1711 of the Education Law of the State ofNew York. The Superintendent will have complete freedom to organize , reorganize,and arrange the administrative and supervisory staff of the District in a manner which , inhis judgment, best serves the District , subject to Board approval. Responsibility for theadministration of instructional and business affairs of the District will be vested in theSuperintendent, and shall be administered by h im with the assistance of his staff.Responsibility for the selection , recommendation for appointment, and dismissal of allinstructional , administrative , and non-instructional personnel shall also be vested in theSuperintendent, with Board approval. Consistent with and pursuant to Section 211-b(5)(a) of the Education Law, the Superintendent shall cooperate fully with anydistinguished educators appointed by the Commissioner of Education.

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3. Meetings. The Superintendent of Schools shall receive notice of,and be permitted to attend and participate in , any and all meetings of the Board ,including, but not limited to , executive sessions (unless the Board requests that theSuperintendent be excluded from an executive session for the reasons set forth below),work sessions, regular Board meetings, special Board meetings, emergency Boardmeetings , and the like, together with the right to attend and participate in , at his option ,the meetings of any Board appointed committee and/or Board appointed citizens 'committee. The Board may exclude the Superintendent from executive sessions orportions thereof to discuss the Superintendent 's work performance, conduct theSuperintendent's evaluation , or determine a salary adjustment. The Board also has theoption to exclude the Superintendent from any executive sessions conducted for thepurpose of participating in workshops or training sessions pertinent to Board memberdiscipline or team building activities, or for the purpose of discussing Board ethics ,provided that the Board will discuss the content of such executive sessions with theSuperintendent after those meetings are conducted . In the event that a special meetingis called while the Superintendent is out of the District, the Board shall contact theSuperintendent to make him aware of the nature of the meeting and to afford him theopportunity to assign a designee to attend.

4. Board Referral. The Board , individually or collectively , shallpromptly and discreetly refer to the Superintendent, orally or in writing , for his study,investigation, and recommendation , any and all material criticisms, complaints,suggestions , communications , or comments regarding the administration of the District

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or the Superintendent's performance of his duties. The Superintendent shall promptlyreport to the Board the disposition of such referrals.

5. Compensation. The salary for the Superintendent for the periodfrom November 18, 2013 to June 30 , 2014 shall be paid atthe annual school year rateof One Hundred Twenty Thousand Dollars ($120 ,000), pro-rated for the period of timefrom November 18, 2013 to June 30 , 2014. The salary for the Superintendent for theschool year commencing July 1, 2014 and ending June 30, 2015 shall be paid at theannual school year rate of One Hundred Twenty Thousand Dollars ($120 ,000) . Suchsalary shall be paid in equal installments in accordance with the policy and/or practice ofthe Board governing payments of other professional staff members in the District.

6. Salary Adjustment. The Board retains the right to adjust theannual school year salary of the Superintendent during the term of his employment withthe District, provided that such salary adjustment shall not reduce the rate of annualsalary below that paid to the Superintendent in any prior period. Salary adjustmentsshall be a function of performance evaluation of duties, attainment of specificperformance objectives, and economic conditions of the District. Any adjustment insalary made during the duration of this Agreement shall be in the form of an amendmentand shall become a part of this Agreement; provided, however, that by so doing , it shallnot be considered that the Board has entered into a new agreement with theSuperintendent, nor that the termination date of this Agreement has been extended .However, the Board may, by specific action , extend the termination date of thisAgreement if such extension is permitted by state law.

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7. Term of Employment. Except as provided in paragraphs nine (9 )or fifteen (15 ) of th is Agreement, the duration of the Superintendent's employment withthe District shall be for a period from November 18 , 2013 through June 30 , 2017. It isthe intent of the parties to make and enter into contracts cons istent with the contractterm limits and all other provisions of law. Th is Agreement shall be construed to createa new contract for a statutorily permitted period of time whenever an amendmentextending the term of employment occurs .

8. Full-Time Employment. The Superintendent shall devote his time ,skill , labor, and attention to his employment with the District during the term of thisAgreement ; provided, however, that the Superintendent, with approval of the Board ,may undertake consultative work , speaking engagements, writing , lecturing, or otherprofessional duties and obligations.

9. Evaluation Procedure/Notice of Non-Renewal. The Board and

the Superintendent will meet and discuss , and endeavor in good faith to agree on , anevaluation format and annual goals for the District. If such agreement cannot bereached, the Board shall establish the evaluation format to be used and annual goals.No later than April 30 , 2014 (i.e., a six-month evaluation) and October 31 , 2014 (i.e. , aone-year evaluation ), the Board shall evaluate the performance of the Superintendent,in accordance with the regulations of the Commissioner of Education and theestablished annual goals , and shall , within thirty (30) days after each evaluation , devotea portion or all of one meeting to a discussion of the working relationships between theSuperintendent and the Board. After the first year of the Superintendent's employment,the Board shall evaluate the performance of the Superintendent no later than June 30 of

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each year. Failure of the Board to notify the Superintendent , in writing , no later thanDecember 31 , 2015, of the Board 's intent not to renew the term of his employment withthe District will automatically result in an extension of the term of employment by oneyear, from July 1, 2017 through June 30 , 2018, at a salary which is at least equal to thehighest rate of annual school year salary paid to the Superintendent prior thereto . Atleast three (3) months prior to December 31 , 2015 , the Superintendent shall notify theBoard President in writing of the requirement of this particular provision of theAgreement. The failure of the Superintendent to give such written notice in a timelymanner shall void any automatic extension of this Agreement or the term of employmentas provided herein.

10 . Leave Time.a. Vacation. The Superintendent shall be entitled to twenty-five

(25) days of paid vacation time per school year , accrued as follows: (i) the

Superintendent will receive ten (10) vacation days at the outset of his employment onNovember 18 , 2013, and will accrue one (1) additional vacation day on the first day ofeach month from January 1, 2014 through June 1, 2014 ; (ii) the Superintendent willreceive twenty-five (25) vacation days on July 1, 2014 , and on July 1 of eachsubsequent school year during the term of this Agreement. The Superintendent willinform the Board President and obtain the consent of the Board President in advance ifhe takes more than five (5) consecutive days of paid vacation time . If theSuperintendent is unable to use his full annual vacation allotment, the Superintendentshall be entitled to be paid for a maximum of five (5) unused vacation days at a rate of1/240th of the Superintendent's then current annual salary at the end of each school

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year, with payment to be made no later than the first pay period of August in thesucceeding school year. The Superintendent may also roll over up to a maximum of ten(10 ) unused vacation days from one school year to the next, but may not exceed thirtyfive (35) accrued vacation days at any given t ime . In the event the Superintendent hasaccrued unused vacation days at the time his employment with the District isterm inated , the Superintendent shall be paid for such unused vacation days , up to amaximum of thirty (30) , at a rate of 1/240thof the Superintendent's then current annualsalary. If the Superintendent has a negative vacation balance at the time hisemployment with the District is terminated, the Superintendent will compensate theDistrict for the negative balance at a rate of 1/240 th of the Superintendent's then currentannual salary.

b. Sick Leave. The Superintendent shall be entitled to twenty-four (24) paid sick leave days upon commencement of his employment with the District

on November 18 , 2013, and twelve (12) paid sick leave days each school yearthereafter , accrued as follows : (i) the Superintendent will receive twenty-four (24 ) sickleave days at the outset of his employment on November 18, 2013 ; and (ii) theSuperintendent will receive twelve (12 ) sick leave days on July 1 of each school yeardur ing the term of th is Agreement. Unused sick leave days shall be rolled over fromone school year to the next , up to a maximum sick leave accrual of two hundred (200 )days. The Superintendent 's sick leave accrual shall be used for personal illness ordisability or for medical/dental appointments , except that a maximum of ten (10) of hisaccrued paid sick leave days per school year !"Day be used for illness in his immediatefamily. "Immediate family" sha ll be defined as set forth in subparagraph 10(d) below.

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The Superintendent will not be paid for any accrued unused sick leave days at the timeof the termination of the Superintendent 's employment.

c. Personal Leave . In the first year of this Agreement only, theSuperintendent shall receive five (5) personal leave days for transition and relocationpurposes. During each subsequent school year , the Superintendent shall be entitled tothree (3) paid personal leave days each school year, which shall be accrued on July 1of each school year during the term of this Agreement. The Superintendent's personalleave accrual shall be used only to conduct personal business which cannot beconducted outside of normal school hours. Personal leave may not be used for socialor recreational purposes , or for litigation by the Superintendent against the District, itsemployees, or the Board . The Superintendent will inform the Board President andobtain the consent of the Board President in advance of taking paid personal leave.Any accrued unused personal leave days will be rolled over from one school year to thenext as sick leave days (subject to the maximum sick leave accrual of 200 days). TheSuperintendent will not be paid for any accrued unused personal leave days at the timeof the termination of the Superintendent 's employment.

d. Bereavement Leave. The Superintendent shall be entitled toup to five (5) days of paid leave for bereavement for each death in the immediate family."Immediate family" shall be defined as spouse, children , mother, stepmother, mother-inlaw, father, stepfather, father-in-law, grandmother, grandfather, brothers, brothers-in-law, sisters , sisters-in-law , and grandchildren of either spouse, or other relative livingwith the family . Up to three (3) days of paid leave may be taken for the death of an

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aunt, uncle, niece, or nephew. Up to two (2) days of paid leave may be taken for anyother death at the discretion of and with the approval of the Board President.

e. Holidays. The Superintendent shall be entitled to the samepaid holidays as recognized by the District for all administrative employees . Those paidholidays are: Independence Day (July 4) , Labor Day, Columbus Day, Veteran 's Day,Thanksgiving Day and the day after Thanksgiving , Christmas Day and the day afterChristmas, New Year's Day, Martin Luther King Day, Famous American 's Day, andMemorial Day. The Superintendent shall also be entitled to three additional paidfloating holidays per school year, which may not be used on school days, professionaldevelopment days , or Superintendent's conference days.

11 . Health Insurance. The Superintendent will be eligible to electhealth insurance coverage through the same insurance plan offered to other Districtadministrators. The District will pay ninety percent (90%) of the health insurance

premium for individual coverage and seventy percent (70%) of the health insurancepremium for family coverage .

12 . Retiree Health Insurance. Upon his retirement from the District,as such term is defined by the New York State Teachers' Retirement System , with aminimum of ten (10) years of service to the District as its Superintendent, theSuperintendent will be eligible to continue to elect either individual or family healthinsurance coverage through the District until he reaches 70 years of age. The Districtwill pay ninety percent (90%) of the health insurance premium for individual coverageand seventy percent (70%) of the health insurance premium for family coverage duringthe Superintendent's retirement.

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13 . Dental Insurance. The Superintendent will be eligible to electdental insurance coverage through the same insurance plan offered to other Districtadministrators. The District will pay Two Hundred Sixty-Five Dollars ($265.00) eachschool year during the term of this Agreement toward the dental insurance premium foreither individual or family dental insurance coverage.

14. Medical Examination. The Board may, at its discretion , requirethe Superintendent to undergo a comprehensive medical examination performed by aphysician selected by the Superintendent once during each school year , and to providea statement from the examining physician certifying the Superintendent's physicalcompetency to perform his duties . Such statement will be treated as confidentialinformation by the Board . The cost of any such medical examinations shall be paid bythe District.

15. Termination of the Agreement. This Agreement may beterminated by written agreement between the Board and the Superintendent, or by theresignation of the Superintendent upon ninety (90) days' written notice to the Board .This Agreement may also be terminated , and the Superintendent may be removed fromhis employment during the term hereof, upon the occurrence of any of the followingevents :

a. The Superintendent, as determined by the school physicianor a physician selected by the District , is unable, by reason of sickness or otherdisability, to discharge his duties and responsibilities for a period of four (4) months inany twelve (12) month period , or beyond the exhaustion of the Superintendent'saccrued sick leave entitlement, whichever is more.

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b. The Superintendent , as determined by the school physicianor a physician selected by the District , is permanently disabled or incapacitated. In theevent that the Superintendent is permanently disabled or incapacitated , the Board mayterminate this Agreement by the payment of four (4) months ' salary beyond theSuperintendent's sick leave entitlements.

c. The Superintendent dies , in which event this Agreement andthe benefits provided herein shall terminate .

d. The Superintendent fails to maintain certification as requiredby the Education Law and the regulations of the Commissioner of Education, in whichevent this Agreement and the benefits provided herein shall terminate upon thesubmission of verification of suspension, revocation , or non-existence of a validcertification.

e. The Superintendent shall be subject to discharge for just

cause, which includes, but is not necessarily limited to , misconduct, neglect of duty, orinsubordination. If the Board determines, during a meeting conducted in executivesession , that there is just cause for discharging the Superintendent and terminating thisAgreement, the Board shall prepare and serve written charges upon the Superintendenteither personally or by certified mail. The Superintendent shall be allowed at leasttwenty (20) working days to answer the charges in writing and to request a hearingbefore an impartial hearing officer. If no hearing is requested, the Board shall take suchaction as it deems appropriate under the circumstances , which shall be final and bindingupon the Superintendent. If the Superintendent requests a hearing, the parties agree tosubmit the charges to arbitration subject to the Voluntary Labor Arbitration Rules of the

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American Arbitration Association . The hearing shall be public or private at thediscretion of the Superintendent. Each party shall have the right to be represented bycounsel, to subpoena witnesses , to testify, and to cross examine witnesses. During thependency of the hearing and a final decision by the arbitrator , the Superintendent maybe suspended with pay and benefits. The arbitrator shall make his or her determinationwithin thirty (30) days of the conclusion of the hearing. The decision of the arbitratorshall be final and binding upon the parties . The costs of the administrative fees for thearbitration and the arbitrator shall be borne by the District.

16. Professional Meetings. The Superintendent shall attendappropriate professional meetings and District-related business, as approved inadvance by the Board, at the local , state, and national levels, that do not interfere withnormal performance of duties. Reasonable expenses of attendance at such meetingswill be paid by the District. The District will pre-pay expenses related to registrationfees , travel, and hotel accommodations. Reimbursement to the Superintendent for allother expenses associated with attendance at such meetings shall be made upon auditapproval of an itemized account of such expenses presented by the Superintendent.

17. Association Memberships. The Board agrees, during theduration of this Agreement , to pay the membership dues of the Superintendent in theAmerican Association of School Administrators ("AASA"), the New York State Council ofSchool Superintendents ("NYSCOSS"), the Association of Supervision and CurriculumDevelopment ("ASCo"), and other professional organizations approved by the Board .

18. Cell Phone. The Superintendent is required to carry either aDistrict-provided cell phone or a personal cell phone that is available for District

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business. If the Superintendent chooses to make his personal cell phone available forDistrict business , the District will reimburse the Superintendent up to Forty Dollars($40.00) per month for cell phone expenses .

19 . Relocation of Residence and Moving Expenses. TheSuperintendent agrees that he will make a reasonable effort to relocate his residencewithin the District by September 1, 2014. The Board agrees to reimburse theSuperintendent up to $5 ,000 .00 for reasonable expenses incurred in moving hishousehold goods upon his relocation and establishment of his residence within theboundaries of the District. The payment will be made subsequent to the Superintendentestablishing residency within the boundaries of the District and upon the submission ofreceipts or other appropriate proof of expenses related to the relocation of hisresidence.

20 . Indemnification.

a. The District agrees , as a further condition of this Agreement,that it shall defend , hold harmless , and indemnify the Superintendent from any and alldemands, claims, suits, actions, and legal proceedings brought against theSuperintendent in his individual capacity , or in his official capacity as agent andemployee of the District, provided the incident arose while the Superintendent wasacting in good faith , within the scope of his employment, or under the direction of theBoard . This indemnification provision includes, but it not limited to , all uninsuredfinancial loss arising out of any proceeding , claim, demand , suit, or judgment, by reasonof alleged negligence or other conduct resulting in bodily or other injury to any person or

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damage to the property of any person. This provision is not intended to displace orwaive any other available statutory defense and indemnification provisions .

b. As a condition of receiving such indemnification , theSuperintendent shall , within ten (10) calendar days of the date on which he is servedwith any summons , complaint , process , notice, demand , or pleading, deliver a copy ofthe same to the Board.

21 . Written Agreement. This Agreement shall continue in full forceand effect for the term expressed herein , unless otherwise terminated , modified, orextended in accordance with the provisions of paragraphs nine (9) or fifteen (15) of thisAgreement, or by an agreement in writing between the parties . This Agreementincludes the full agreement between the Board and the Superintendent , and supersedesall prior contracts , memoranda, and agreements . No other document shall be deemedto contain any binding commitment between the Board and the Superintendent unless itis dated on or subsequent to the date of this Agreement and is signed by theSuperintendent and by the Board President pursuant to a Board resolution authorizingthe Board President to do so.

22 . Savings Clause. In the event that any provision of this Agreementis found to be invalid or unenforceable, such finding shall in no way affect the validity orenforceability of any other provision .

Dated: -----',--=o+-!....:.-?_ __ _ , 201 3(SEAL)

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Onondaga Central School DistrictBoard of Education4. ~ I


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Dated: _-.::./-=.-1-' . . w ~___ 2013JSTATE OF NEW YORK )COUNTY OF ONONDAGA ) ss. :

Robin PriceSuperintendent of Schools

On this iL day of OC:h!be-t. , 2013 , before me came David Toomey,who is known to me and who, upon being duly sworn , did depose and say that he is thePresident of the Board of Education of the Onondaga Central School District; that heknows the seal of said school district; that the seal affixed to this Agreement is theschool district seal ; that it was so affixed by order of the Board of Education of theschool district; and that he signed his name thereto by the same order.LISA D. WHITENotary Public, State of New YorkNo . 01WH613968 9Qual ified in Onondaga countyCommission Expires January 17, 2014

STATE OF NEW YORKCOUNTY OF ONONDAGA

Notary Public

)) SS .:

On this .1L day of O ~ l a . e - L , 2013 , before me came Robin Price, whois known to me and who executed the foregoing instrument and duly acknowledged tome that he executed the same.

LISA D. WHITENotary Pub lic, Sta te of New YorkNo.01WH6139689Qualified in Onondaga c o ~ ; t ~ 0 1 4Commission Expires January ,Notary Public

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CERTIFICATIONThis is to certify that th is Agreement was approved and the execution

hereof on behalf of the Board of Ed ucation of the Onondaga Central School District wasauthorized by vote of the Board of Education at a publ ic meeting duly he ld on October8, 2013, and has been made a part of the minutes of that meeting .

STATE OF NEW YORK )COUNTY OF ONONDAGA ) ss.:

~ v U O ~ ~Marianne O'ConnorDistrict ClerkOn this Ji.- day of ~ t e - L , 2013, before me came MarianneO'Connor, who is known to me and who , upon being duly sworn , did depose and saythat she is the Clerk of the Board of Education of the Onondaga Central School District;that she knows the seal of said school district; that the seal affixed to this Agreement isthe school district seal ; that it was so affixed by order of the Board of Education of theschool district; and that she signed her name thereto by the same order .

LISA D. WHITENotary Public, State of New YorkNo . 01WH6139689Qual if ied in Onondag a countyCommiss ion Expires January 17, 2014Notary Public

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onondaga central schools superintendent contract with robin price 10-08-2013

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