The Governing Board recognizes the importance of qualified and competent individuals to lead district programs and to assist the Superintendent in coordinating efforts to achieve district goals and objectives. To that end, the Board may fill certificated administrative and supervisory positions and classified senior management positions on a contract basis. Prior to entering into any such contract, the Board and Superintendent shall consider the financial and legal implications of the contract in order to protect the district from any potentially adverse obligations.
(cf. 0000 - Vision)
(cf. 2121 - Superintendent's Contract)
(cf. 4111/4211/4311 - Recruitment and Selection)
(cf. 4300 - Administrative and Supervisory Personnel)
The Board may offer a contract of up to four years to any deputy, associate, or assistant superintendent; any certificated employee holding a position requiring a supervision or administration credential; or any senior manager of the classified service. (Education Code 35031, 44929.20)
The Board shall deliberate in the closed session of a regular meeting about the terms of an employment contract for a deputy, associate, or assistant superintendent; other certificated employee holding a position requiring a supervision or administration credential; or a senior manager of the classified service. (Government Code 54957)
(cf. 9320 - Meetings and Notices)
(cf. 9321 - Closed Session Purposes and Agendas)
(cf. 9321.1 - Closed Session Actions and Reports)
Any such employment contract shall be approved by the Board during an open session of a regularly scheduled Board meeting and reflected in the Board's minutes. Copies of the contracts shall be available to the public upon request. (Government Code 53262)
(cf. 1340 - Access to District Records)
(cf. 9322 - Agenda/Meeting Materials)
(cf. 9324 - Minutes and Recordings)
Extension of Contract and Reemployment
During the term of the contract and with the consent of the employee involved, the Board may reelect or reemploy the employee starting on the next succeeding first day of July or such other day as mutually agreed upon by the Board and the employee and based on terms and conditions mutually agreed upon by the parties. (Education Code 35031)
If the Board decides not to reelect or reemploy a deputy, associate, or assistant superintendent or a senior manager of the classified service upon the expiration of his/her term, it shall notify the employee in writing 45 calendar days prior to the expiration of the term of the contract, unless the employee's employment contract provides for additional notice. (Education Code 35031)
Termination of Contract
Every employee contract entered into as of January 1, 2012 shall include a provision specifying the legal maximum cash settlement that the employee may receive in the event that the Board finds it necessary to terminate the contract prior to its expiration date. (Government Code 53260)
(cf. 4117.5/4217.5/4317.5 - Termination Agreements)
In addition, all employee contracts entered into as of January 1, 2012 shall include a provision that, if the employee is convicted of a crime involving an abuse of his/her office or position, he/she shall fully reimburse the district for payments he/she receives as paid leave salary pending investigation or as cash settlement upon his/her termination and for any funds expended by the district in his/her criminal legal defense. (Government Code 53243-53243.4, 53260)
Legal Reference:
EDUCATION CODE
35030 Title of deputy, associate or assistant superintendent for certain positions
35031 Term of employment
44842 Automatic declining of employment
44843 Notice of employment to county superintendent
44929.20 Continuing contract
44951 Continuation in position unless notified
GOVERNMENT CODE
3511.1-3511.2 Local agency executives
53260-53264 Employment contracts
54954 Time and place of regular meetings
54956 Brown Act - Open meeting laws; special meetings
54957 Closed session, personnel matters
Management Resources:
CSBA PUBLICATIONS
Maximizing School Board Governance: The Board's Relationship to District Staff, 2007
WEB SITES
CSBA: http://www.csba.org
Association of California School Administrators: http://www.acsa.org
Policy NEWPORT-MESA UNIFIED SCHOOL DISTRICT
adopted: February 12, 2013 Costa Mesa, California