LB470

,Below is the information in regards Proposed Contract changes to the current Superintendent Contract during the January 11, 2016 Board of Education meeting.  This information comes from a Committee meeting and is subject to full Board Approval.  Changes to the contract are highlighted in yellow.


Projected costs to the District:


2016/17 2017/18 2018/19

Base Pay $138,000 $276,000 $  414,000

Insurances$  19,304 $  38,608 $    57,912

Retirement

Fica

Medicare $  24,177.60 $  48,355.20 $  72,532.80

Dues $ 816.60 $ 1,633.00 $ 2,445.60

Phone $ 780.00 $ 780.00 $    780.00

Totals $183,078.20 $ 366,156.40 $ 549,234.60


CONTRACT OF SUPERINTENDENT EMPLOYMENT

        THIS CONTRACT is made by and between the Board of Education of the Madison School District No. 1 located in Madison County, in the State of Nebraska, hereinafter referred to as “the Board”, and Alan Ehlers, hereinafter referred to as “the Superintendent.”

        WITNESSETH:  That in accordance with action taken by the Board as recorded in the minutes of the Board meetings held on November 9, 2014 and January 11, 2016, the Board hereby agrees to employ the Superintendent, and the Superintendent hereby agrees to accept such employment, subject to the following terms and conditions:

        Section 1.  Term of Contract.  The Superintendent shall be employed for a period of three (3) years, beginning on the 1st day of July, 2016 and expiring on the 30th day of June, 2019.  During each of these three years, the Superintendent shall render at least 225 working days of service, as that term is defined herein, in the performance of his duties as Superintendent. The Superintendent shall be provided with 5 days of personal leave to be used at his discretion. The Superintendent shall keep complete and accurate records of his working days and shall provide the Board of Education with an annual report of his accumulated working days.

        Section 2.  Salary& Benefits. In consideration of an annual gross salary of $138,000 for the 2016-17 school year, and an amount to be negotiated for the 17-18 &18-19 school years, and of further agreements and considerations hereinafter stated, the Superintendent agrees to perform faithfully duties of the Superintendent of Schools in and for the District as prescribed by the laws of the State of Nebraska and by the rules and regulations promulgated by the Board thereunder.  Annual net salary shall be paid in equal installments in accordance with the policy of the Board governing payment of the professional staff employees of the District.  The Superintendent’s salary shall not be reduced during the term of this Contract except for just and sufficient cause as authorized by law.

        *Annual net salary shall be defined (and calculated) as annual gross salary less the cost of (1) annuities; (2) disability insurance; and (3) pension and retirement plans all for the Superintendent and/or his family, if any.

*  The Superintendent shall receive a $65.00 a month stipend to use toward cell phone costs.

Health Insurance.  The Board shall provide to the Superintendent family health insurance which is equivalent or superior to the specifications to Blue Preferred $1150 deductible.

        Section 3.  Professional Status.  The Superintendent hereby affirms that he is not under contract with another school board or board of education covering any part of or all of the same term provided in this contract.  The Superintendent further affirms that throughout the term of this contract, he will hold a valid and appropriate certificate to act as a Superintendent of Schools in the State of Nebraska.

        Section 4.  Superintendent’s Duties.  The Superintendent shall organize and arrange the administrative and supervisory staff of the District in a manner which best serves the schools of the District.  The administration of instruction and business affairs shall be vested in the Superintendent and administered by him with the assistance of his staff.  The Superintendent shall have the responsibility for selection, placement and transfer of personnel.  He shall be responsible for initiating all personnel matters which require action by the Board, which includes making recommendations to the Board concerning the termination or discharge of any personnel.  The Superintendent agrees to devote his time, skill, labor and attention to his duties as Superintendent of Schools throughout the term of this Contract; provided, however, the Superintendent, by agreement with the Board, may undertake consultative work, speaking engagements, writing, lecturing, or other professional duties and obligations.

        Section 5.  Board-Superintendent Relationship.  The Board shall have primary responsibility for formulating and adopting Board policy.  The Superintendent shall be the chief executive officer for the District, and shall have primary responsibility for implementation of Board policy.  The parties agree, individually and collectively, to promptly refer all criticism, complaints and suggestions called to its attention to the Superintendent for action, study or recommendation, as appropriate.

        Section 6.  Discharge.  The Contract of the Superintendent may be cancelled or amended by a majority of the members of the School board during the term of the contract for any of the following reasons:  (a) upon cancellation, termination, revocation, or suspension of the Nebraska Administrative and Supervisory Certificate, or the Nebraska Professional Administrative and Supervisory Certificate by the State Board of Education; (b) breach of any of the material provisions of this Contract; (c) for any of the reasons set forth in this employment contract; (d) incompetency; (e) neglect of duty; (f) unprofessional conduct; (g) insubordination; (h) immorality; (i) physical or mental incapacity; or (j) any other conduct or condition that substantially interferes with the continued performance of the superintendent’s duties.  The procedures for cancellation during the term of the contract shall be in accordance with the applicable Nebraska Revised Statutes.

        Section 7.  Transportation.  The Board shall provide the Superintendent with transportation required in the performance of his official duties or shall reimburse him for such transportation at the state reimbursement rate.

        Section 8.  Leaves.

a)                               Sick Leave: The Superintendent shall be entitled to ten working days of sick leave during each year of this Contract. The superintendent may take sick leave only when he is too ill to work or when a member of his immediate family is too ill to be left alone.  Sick leave may not be taken for any other purpose and the Superintendent can carry no more than 5 days of sick leave over to the following year for a maximum of 15 days.

b)                              Definition of “Working Days.”  For the purpose of this section, the term “working days” shall not include any Saturday, Sunday, or legal holiday.  “Working days” shall include, but not be limited to, all days that school is in session for students or certificated employees, together with Christmas break, fall break, spring break, and any other Board-approved days when school is otherwise not in session.

        Section 9.  Professional Development.  The Superintendent shall attend appropriate professional meetings at the local, state and national levels, provided that such attendance does not interfere with the proper performance of his duties under this Contract.  The expenses of attendance, when attendance has been discussed with the Board of Education, shall be paid by the District.

        Section 10.  Fringe Benefits.  The Board will provide the Superintendent with the fringe benefits described below.

a)                                Professional Dues: shall provide the Superintendent with Professional dues to NCSA/AASA.

        Section 11.  Physical Examination.  The Superintendent will undergo an annual physical  examination by a licensed physician or physicians of the Board's choosing during the term of this Contract.  Additionally, the Superintendent will submit to a mental health examination by a licensed mental health practitioner of the Board’s choosing at the Board’s request.  The Superintendent agrees that he will authorize the physician(s) performing each such examination(s) to provide the Board with all records, results and medical judgments of the examination. The cost of such physical examinations and physician's reports which are not paid for by the Superintendent's insurance coverage shall be paid by the District.

        Section 12.  No Penalty for Release or Resignation.  There shall be no penalty for release or resignation by the Superintendent from this Contract; provided no resignation shall become effective until expiration of the contract unless accepted by the Board, and the Board shall fix the time at which the resignation shall take effect.

        Section 13.  Compensation Upon Termination.  Upon lawful termination of this Contract for any reason, the compensation to be paid hereunder shall be an amount which bears the same ratio to the annual salary specified as the number of months or fraction thereof to the date of such termination bears to the twelve months in the annual salary period in which termination occurs.  Any portion of the salary paid, but not earned, prior to the date of termination of this Contract, shall be refunded by the Superintendent.

        Section 14.  Renewal of Contract .

Not later than the first Tuesday in December each year the Board shall notify the Superintendent in writing of the Board’s intention to continue or not to renew this Contract.  Failure to provide written notification of non-renewal shall result in an automatic renewal of this Contract for a period of one year.  Any written offer by the Board of Education to continue this contract shall expire at 5:00 p.m. on the 10th calendar day after the written offer is delivered to the Superintendent.

        Section 15.  Annual Review of Superintendent.  An annual review of the Superintendent’s performance will be conducted by the Board at its regular meeting in November, at which time an extension of the Superintendent’s contract will be discussed.  It shall be the Superintendent’s responsibility to place the annual review on the board’s November agenda.

        Section 16.  Governing Laws.  The parties shall be governed by all applicable state and federal laws, rules and regulations in performance of their respective duties and obligations under this Contract.

        Section 17.  Amendments to be in Writing.  This Contract may be modified or amended only by a writing duly authorized and executed by the Superintendent and the Board.

        Section 18.  Severability.  If any portion of this Contract shall be declared invalid or unenforceable by a court of competent jurisdiction, such declaration shall not affect the validity or enforceability of the remaining provisions of this Contract.

        Section 19.  Legal Actions.  The Board will support the Superintendent if there is a legal dispute caused by his carrying out his duties properly.  If a legal action, including a professional practice complaint, is threatened or filed against the Superintendent as a result of his performance of his duties or his position as Superintendent of the district, the Board will provide his with a legal defense to the maximum extent permitted by law so long as he acted in good faith and in a manner which he reasonably believes to be in or not opposed to the best interests of the district and, with respect to any criminal action or proceeding, had no reasonable cause to believe that his conduct was unlawful.

        IN WITNESS WHEREOF, the parties have executed this Contract on the dates indicated below.

        EXECUTED BY THE BOARD this                  day of                               ,  200____

                                                                                               

                                                        President or Chairman

                                                        Board of Education

       

                                                                                               

                                                        Secretary, Board of Education

       

EXECUTED BY THE SUPERINTENDENT this                  day of                          ,

                                                                                                   









Superintendent Pay Transparency Notice—Approved Contract or Amendment

Notice is hereby given that the Board of Education has approved a Superintendent employment contract.  The estimated costs to the District if the proposed contract is approved are:






































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































Comments