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Superintendent's
Contract
Richard Rhau's
Contract
Contents
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SUPERINTENDENT'S CONTRACT
THIS AGREEMENT made the __ day
of May, 2004 between THE BOARD OF EDUCATION OF THE
SAUGERTIES CENTRAL SCHOOL DISTRICT, a school district with
offices in Saugerties, Ulster County, New York (hereinafter
the "Board") and MR. RICHARD RHAU (hereinafter the
"Superintendent or Mr. Rhau");
WITNESSETH:
WHEREAS, the Board wishes to appoint
said Superintendent to the position of Superintendent of
Schools of the School District and to enter into a written
contract of employment pursuant to Section 1711 of the
Education Law; and
WHEREAS, the Superintendent wishes to
be so appointed and employed; NOW, THEREFORE, the parties
agree as follows:
Article 1.—The Board
appoints the Superintendent to the position of
Superintendent of Schools of the Saugerties Central School
District (hereinafter the "District"), and it employs the
Superintendent in such capacity for a term to commence on
the 1st day of July, 2004, and to end on the 30th day of
June, 2009, unless sooner terminated pursuant to this
Agreement; and the Superintendent accepts such appointment
and employment for such term at the remuneration and upon
the terms and conditions herein set forth.
Article
2.—The District shall pay to the Superintendent a
gross annual salary for his services in such capacity as
follows:
a. The Superintendent's base salary
for the period July 1, 2004 to June 30, 2005 shall be $
136,000. The Superintendent's base salary shall be increased
by 4.75%, effective July 1, 2005; and an additional 4.75%,
effective July 1, 2006. In the 2007-08 and 2008-09 school
years, the Superintendent's base salary shall increase by a
minimum of 4% each year. The Board may provide the
Superintendent with merit increases to his base salary of up
to 4% each year in 2007-08 and 2008-09 after evaluation of
the performance of the Superintendent, in writing as
described in Article "10", "11" and "12" of the
Agreement.
b. The Superintendent's gross
annual salary shall not be reduced from the previous year's
amount upon annual review and determination.
Article
3.—In addition to the gross salary, the Board shall
pay, provide or make available to the Superintendent, the
following:
a. Participation in a payroll
savings program and a credit union program, as provided by
the District.
b. Membership fees for up to three memberships in
appropriate professional organizations selected by the
Superintendent, one of which shall be a local
organization.
c. Expense Reimbursement. The Superintendent is
authorized to incur reasonable expenses in the discharge of
his duties, including but not limited to expenses for travel
(excluding expenses for mileage, tolls, etc. while traveling
on District business in his personal vehicle), meals and
lodging; attendance at professional conferences previously
approved by the Board, and meetings and similar items
related to his employment. The Board will pay or reimburse
the Superintendent for all such reasonable and customary
expenses, upon presentation, within the budget year, of an
itemized account of such expenditures. The Superintendent
shall be provided with a cellular phone and a credit card to
be used to conduct District business and the Board shall pay
the expenses therefor. Reasonable personal cellar phone use
shall not be prohibited. The Board shall receive
notification of all out-of-state business travel.
d.
Indemnification. The Board agrees to provide legal
counsel and to indemnify the Superintendent against all
uninsured financial loss arising out of any claim, demand,
suit or judgment by reason of alleged negligence or other
conduct resulting in bodily or other injury to any person or
damage to the property of any person committed while the
Superintendent is acting within the scope of his employment
or under the direction of the Board.
e. Health and Dental Insurance. The Superintendent
shall be entitled to 75% Individual and 75% Family District
funded health and dental insurance coverage. If the
Superintendent is otherwise health insured, he may opt out
of the District health and dental insurance program and
receive a payment equal to 75% of the annual cost of the
family plan provided by the District. Such payment shall be
made in two installments: one on or before November 1st and
one on or before April 1st. Re-entry into the District
health and dental insurance plan shall be allowed at any
time subject to the posted health insurance plan
rules.
f. Personal Leave. Five (5) days personal leave shall
be granted to the Superintendent for urgent personal
business matters which cannot be attended to during other
than work hours, upon notification to the Board President.
Such unused leave shall be cumulative as sick leave
effective June 30th each year.
g.
Vacation. The Superintendent shall be entitled to
twenty-five (25) vacation days per contract year.
Notification must be given to the Board President, in
writing, in advance for any days in excess of three of the
vacation days to be taken. Unused vacation shall be
cumulative from year to year, up to a maximum of fifty (50)
days. Upon separation from employment, the Superintendent
shall be paid for all accumulated vacation days at 1/240th
of the Superintendent's salary at the time of
separation.
h.
Sick Leave. The Superintendent shall also be entitled to
fifteen (15) days of sick leave each year. These days shall
be cumulative from year to year, up to a maximum of
seventy-five (75) days. Upon termination under this Contract
or upon retirement, the Superintendent will be entitled to
cash-out all unused sick days at the rate of 1 /240th of
Superintendent's salary at the time of
separation.
i.
Holidays. The Superintendent shall be entitled to the
following holidays (and another day in lieu thereof if the
holiday falls on a Saturday or Sunday)::
July 4th and 5th Christmas Day + 3
days during Recess
Labor Day New Year's Day
Columbus Day Martin Luther King's
Birthday
Veteran's Day Lincoln's and/or
Washington's Birthday
Thanksgiving Day [if schools are
closed - 2 days]
Friday after Thanksgiving Easter
Recess - 3 days
Memorial Day
j.
The Superintendent shall be entitled to participate in
the tax sheltered annuity program provided by the
District to include, if legal and allowable, 403(b) and 457
plans.
k. The Superintendent shall be entitled to three (3)
work days of bereavement leave (and four [4]
days if travel of 500 miles or more is required) for the
death of a spouse, child, parent, sibling or corresponding
in-law, grandparent, grandchild or member of immediate
household.
l. The Superintendent shall be entitled to receive his
regular pay during any period of required jury
duty.
m. The Superintendent shall be compensated at a rate
of $450 per month for transportation expenses related to the
use of his personal vehicle. This will be increased
to $500.00 per month in 2006-07 and $550.00 per month in
2008-09.
n. Attending the Annual New York State School Boards
Association convention and at least one state and two
national education conference/workshops/seminars per
year. The Board will receive notice of the Superintendent's
selections.
o. The Board shall provide a $300.00 per month
stipend to the Superintendent for him to purchase life
insurance and/or an annuity of his choice. This will
increase to $350.00 in 2006-07 and to $400.00 in
2008-09.
Article 4. —The
Superintendent shall have charge of the administration of
the schools of the District under the direction of the
Board; he shall be the chief executive officer of the School
District and he shall have the powers and be charged with
the duties set forth in Subdivision 5, Section 1711 of the
Education Law as well as in the laws of the State of New
York, the rules and regulations of the Regents of the
University of the State of New York and the Commissioner of
Education and by the rules and regulations of the
Board.
Article 5.—The
Superintendent represents that he will, throughout the term
of this Agreement, hold a valid certificate to act as a
Superintendent of Schools in the State of New York, and that
proof of said certification shall be furnished to the Clerk
upon request. It is expressly understood that failure to
hold and maintain such certification shall be cause for the
immediate termination of this Agreement and the employment
of the Superintendent.
Article 6.—The
Superintendent shall annually undergo a comprehensive
medical examination. The examining physician's medical
report shall be forwarded to the Board for the District's
records. Such report shall be limited to the examining
physician's report as to whether or not the Superintendent
is healthy and is capable of performing his duties, and if
not, why not. Such examination shall be performed within the
thirty (30) days immediately preceding each anniversary date
of the Superintendent's Contract and shall be paid for, in
full, by the Board of Education, being performed by a
mutually agreed upon physician. The Superintendent shall be
reimbursed for any costs of such examination not covered
under the Superintendent's health insurance policy. If
agreement cannot be reached, the examination shall be
performed by a physician selected by the Board of
Education.
Article 7.—This
Agreement may be terminated and the Superintendent may be
removed during the term hereof upon the happening of either
of the following events:
a. The Superintendent shall be unable,
by reason of sickness or other disability, to discharge the
duties and responsibilities specified in this Agreement for
a period of six (6) consecutive months unpaid beyond
exhaustion of the Superintendent's accumulated leave
entitlement or beyond the period of any extended leave
granted by the Board; or
b. The Superintendent is determined to
be guilty of insubordination, immoral character,
inefficiency, incompetency or neglect of duty in accordance
with the hearing procedures set forth in Article 8
hereof.
Article 8. —If
charges are to be brought against the Superintendent, the
following rights will be afforded.
a. No charge shall give rise to a
disciplinary hearing unless a quorum of the Board of
Education finds probable cause to convene such hearing in a
duly convened Executive Session.
b. All charges shall be in writing and
in such detail as to allow the preparation of a meaningful
defense. Charges may not be based on conduct that occurred
more than eighteen months after the Board knew of the
conduct described in the charges.
c. The Superintendent shall be allowed
counsel, at his own expense, at all stages of all
proceedings.
d. The Superintendent shall be
entitled to a fair hearing before an independent hearing
officer selected pursuant to the rules and procedures of the
American Arbitration Association established for labor
arbitration.
The hearing shall not be open to the
public. The hearing officer shall make findings of fact and
disciplinary recommendations, if any, which shall be binding
upon the Superintendent and the Board. The same shall also
be furnished to the Superintendent.
e. The Superintendent and the Board
may present and cross-examine witnesses at such disciplinary
hearing.
f. A typewritten transcript of any
hearing will be furnished free of cost to the
Superintendent.
g. During any period of suspension,
the Superintendent of Schools shall be entitled to receive
normal salary and benefits until such time as the Board
reaches a final determination, upon the recommendation of
the hearing officer, unless the charges relate to lack of
requisite certification.
Article 9.—The Board agrees to reimburse the
Superintendent for actual personal relocation
expenses in an amount not to exceed $3,500. The Board
also agrees to reimburse the Superintendent for reasonable
hotel expenses at the Comfort Inn rate from June 1, 2004
through July 31, 2004. Payment shall be made upon
presentation to the District of copies of actual
bills/statements.
Article 10.—The
Board shall apprise the Superintendent in executive session
of any criticisms of his job performance which the Board has
received from external sources or of matters of significant
concerns to the Board which should be addressed on a current
basis. Failure to comply with the provisions of this
paragraph shall not prevent the Board from presenting any
evidence in connection with a proceeding brought pursuant to
Article "8" of this Agreement.
Article 11.—The
Superintendent shall submit to the Board a recommended
format for this written evaluation and assessment of his
performance within ninety (90) days of the effective date of
this Agreement. The Board shall meet and discuss the
evaluation format with the Superintendent and shall attempt
in good faith to agree on the development and adoption of a
mutually agreeable evaluation format. In any event, the
Board shall adopt an evaluation format with the
Superintendent's concurrence or by January 31, 2005, with
the Superintendent's input, and shall evaluate the
Superintendent pursuant thereto prior to the expiration date
of each contract year during the term of this Agreement,
commencing with the 2004-2005 school year.
Article 12. —At
least once in each contract year, the Board and
Superintendent shall meet in a closed executive session
(unless expressly prohibited by law) for the purpose of
evaluation of the performance of the Superintendent. The
Board will reduce the entire evaluation to writing. In the
event that the Board determines that the performance of the
Superintendent is unsatisfactory in any respect, it shall so
describe in writing. The evaluation shall include
recommendations as to areas of improvement and all instances
where the Board deems performance to be unsatisfactory. A
copy of the written evaluation shall be delivered to the
Superintendent. The Superintendent shall have the right to
make a written response to the evaluation which shall become
a permanent attachment to the Superintendent's personnel
file. Within thirty (30) days of the delivery of the written
evaluation to the Superintendent, the Board shall meet with
the Superintendent to discuss same.
Article
13.—:
1. The Board shall notify the
Superintendent, on or before June 30, 2008, whether it
intends to extend his employment for an additional year
commencing on July 1, 2009, or whether the Superintendent's
term will expire on June 30, 2009. By June 30 of each school
year thereafter, the Board shall likewise act to notify the
Superintendent whether it intends to extend his employment
for an additional year commencing on July 1 of the year set
for termination of the then current contract. At such time,
a motion to extend the term of this Agreement and the
Superintendent's employment for an additional one (1) year
period will be moved, seconded and voted upon by the Board.
The failure of the Board to act in accordance herewith shall
not cause this Agreement or the employment of the
Superintendent to be extended beyond the then current
expiration date.
2. Should the Board fail to meet or
act in regard to the Superintendent's employment prior to
June 30, 2008, as required herein, the Superintendent may,
at any time subsequent
to June 30, 2008, request in writing
to the Board Clerk that the Board inform him whether or not
it intends to extent his employment. The Board will respond
to such a request within three weeks of the date his request
was received by the Board Clerk.
Article 14.—This
Agreement and all of its provisions shall be construed and
interpreted in accordance with the laws of the State of New
York.
Article 15.—Should
any provision, term, condition, paragraph, phrase or portion
of this Agreement be held or found void or illegal, the
balance of the Agreement shall remain in full force and
effect.
Article 16,—The
failure of either party at any time to require the
performance by the other party of any of the terms,
conditions, provisions or agreements set forth herein shall
in no way affect the right thereafter to enforce the same,
nor shall the waiver by either party of any breach of any of
the terms, conditions, provisions or agreements be construed
as a waiver of any succeeding or subsequent
breach.
Article 17.—The
Superintendent shall devote his full time, skill, labor and
attention to the discharge of his duties during the term of
this Agreement; provided, however, that he may undertake
consultative work, speaking engagements, writing, lecturing
or other professional duties, obligations and activities,
with or without remuneration, so long as such activities do
not interfere with the full and faithful discharge of the
Superintendent's duties and responsibilities as specified
herein.
Article 18.—The
Superintendent shall give the Board at least ninety (90)
days' notice of intent to vacate his position during the
term of this Agreement or his intent not to renew this
Agreement.
Article
19.—Insurance Retirement - Upon his retirement the
District will be under no obligation to pay for the
Superintendent's health insurance in his
retirement.
Article 20.–-The
Superintendent agrees to reside within the Saugerties
Central School District through the entire term of his
employment as Superintendent of Schools.
IN WITNESS WHEREOF, the parties
have caused this Agreement to be executed the date and year
first above written.
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SAUGERTIES CENTRAL SCHOOL
DISTRICT
ULSTER COUNTY, NEW YORK
BY:________________________________________
VINCENT BUONO
PRESIDENT, BOARD OF
EDUCATION
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THE SUPERINTENDENT
BY:________________________________________
MR. RICHARD RHAU
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