EMPLOYMENT CONTRACT



SAMPLE EMPLOYMENT CONTRACT

BETWEEN

XXX

AND THE

BOARD OF SCHOOL DIRECTORS OF THE

XXX XXX SCHOOL DISTRICT

This Employment Contract, made and entered into this day of , 1999, by and between the Board of School Directors of the School District of XXX XXX, hereinafter referred to as DISTRICT, and XXX hereinafter referred to as BUSINESS MANAGER.

WHEREAS, DISTRICT desires to provide BUSINESS MANAGER with a written Employment Contract in order to enhance administrative stability and continuity within the schools which DISTRICT believes generally improves the quality of its overall educational program; and, WHEREAS, DISTRICT and BUSINESS MANAGER believe that a written Employment Contract is necessary to describe specifically their relationship and to serve as the basis of effective communication between them as they fulfill their governance and administrative functions in the operation of the education program of the schools; and

WHEREAS, the Board of School Directors of the District, at a regularly scheduled meeting duly and properly called on the day of , 1998, did appoint XXX, to the position of Business Manager for the District in accordance with the provisions of Sections 508 and 1089 of the Public School Code of 1949;

NOW, THEREFORE, DISTRICT and BUSINESS MANAGER, for the consideration herein specified, agree as follows:

1. TERM.

DISTRICT, in consideration of the promises herein contained of BUSINESS MANAGER, hereby employs, and BUSINESS MANAGER hereby accepts employment as Business Manager for a term commencing February 1, 1999 through June 30, 2004 and from year to year thereafter unless this contract is terminated in accordance with the provisions of Paragraph 12 hereof.

DISTRICT may by specific action and with the consent of BUSINESS MANAGER extend the termination date of the existing contract to such later date as may be mutually agreed.

2. AUTHORITY OF SCHOOL BOARD/DISTRICT AND BUSINESS MANAGER.

The DISTRICT, on its own behalf and on behalf of the electors of the DISTRICT, and BUSINESS MANAGER hereby retain and reserve all power, rights, authority, duties and responsibilities conferred upon and invested in it and in him respectively by the laws and the Constitution of the Commonwealth of Pennsylvania save for any power or rights limited by the express terms of this Agreement.

3. PROFESSIONAL SERVICES.

During the term of this Employment Contract, in consideration of the employment, compensation, and other conditions and benefits set forth herein the BUSINESS MANAGER shall put forth his best efforts; shall provide quality professional services; and, shall faithfully perform the duties and discharge the responsibilities assigned to him as BUSINESS MANAGER. The BUSINESS MANAGER shall provide twelve (12) months of full and regular service each year.

4. RESPONSIBILITIES.

The following shall be the responsibilities of the BUSINESS MANAGER:

A. The BUSINESS MANAGER shall diligently and conscientiously devote full and exclusive time and attention, and best efforts, to the discharge of duties as a BUSINESS MANAGER in the District.

B. The BUSINESS MANAGER shall report to, and be under the direct supervisor of the Superintendent of Schools, who shall act as the Chief Executive Officer and Chief Administrative Officer of the District.

C. the BUSINESS MANAGER shall carry out those duties and responsibilities assigned to the BUSINESS MANAGER by the Superintendent.

D The BUSINESS MANAGER shall perform his duties in accordance with the provisions of the School Code and the policies and directives of the Board of School Directors duly adopted and promulgated by official action of the Board.

5. PROFESSIONAL GROWTH OF BUSINESS MANAGER.

DISTRICT encourages the continuing professional growth of BUSINESS MANAGER through his participation, as he might decide in light of his responsibilities as BUSINESS MANAGER, in:

A. the operations, programs, and other activities conducted or sponsored by local, state, and national school administrator and school board associations

B. seminars and courses offered by public or private educational institutions; and

C. informational meetings with other persons whose particular skills or backgrounds would serve to improve the capacity of BUSINESS MANAGER to perform his professional responsibilities for DISTRICT.

In its encouragement, DISTRICT shall reimburse BUSINESS MANAGER for costs reasonably and necessarily incurred to attend and participate in meetings, conferences, conventions and seminars related to the duties of his position or the education program of the DISTRICT. BUSINESS MANAGER shall be permitted to attend at least one national professional conference (ASBO or GFOA) each year and one national professional development seminar each year as well as the annual PASBO Conference.

6. COMPENSATION.

DISTRICT shall compensate BUSINESS MANAGER at an annual rate of xx Thousand Dollars ($xx,000.00 ) paid BI-weekly and an annuity payment of ($x,000.00) xx thousand dollars paid annually effective July 1, 1999. It is intended that the BUSINESS MANAGER’S annual compensation is the total of (a) the amount reflected on the W-2 form (the BUSINESS MANAGER’S compensation includes, and is not in addition to, any amounts paid to BUSINESS MANAGER which constitute taxable income), plus (b) any amount which BUSINESS MANAGER elects to have paid for a tax sheltered annuity.

DISTRICT shall evaluate the BUSINESS MANAGER’S compensation annually during the term of this agreement, beginning with the 1999-2000 school year and may be further increased from time to time at the discretion of the Board of School Directors, but in no event shall he be paid less than the compensation he is then presently receiving. Any adjustment in compensation made during the life of this contract shall be in the form of an amendment and become part of this contract, but it shall not be deemed that DISTRICT and BUSINESS MANAGER have entered into a new contract nor that the termination date of the existing contract has been extended. In the event the Superintendent does not perform an evaluation by September 1, of each year the CHIEF FINANICAL OFFICERS compensation with be increased retroactivity to July 1 of that year by the average increase given to Administrative Directors for that year.

7. FRINGE BENEFITS.

A. In addition to compensation described in paragraph 6, BUSINESS MANAGER shall be entitled to all fringe benefits and not less than the fringe benefits which are currently provided to other professional administrative employees as set forth in the district’s July 1996-June 1999 Administrative Director’s Compensation Plan.

B. DISTRICT shall pay directly, or reimburse BUSINESS MANAGER for payment of membership fees, and other costs for service or community organizations, including the annual membership dues for the Association of School Business Officials, International, the Pennsylvania Association of School Business Officials and any other professional groups, membership in which BUSINESS MANAGER feels it is necessary to maintain and improve his professional skills, as permitted by state law and as approved by DISTRICT in the annual budget.

C. Sick Leave. Xx (xx) accumulated sick leave days shall be transferred from BUSINESS MANAGER’S former school district of employment. After BUSINESS MANAGER commences employment with the DISTRICT, sick leave days shall accumulate at the rate of twelve (12) days per year.

D. Vacation. BUSINESS MANAGER shall be entitled to twenty (20) vacation days per year. Unused vacation days may be carried forward to the next year. BUSINESS MANAGER upon termination of his employment shall be paid for all unused, accrued vacation days. Such payment shall be based upon BUSINESS MANAGER’S per diem compensation rate (1/260th) in effect for the period during which the accumulated vacation days were earned.

E. Sabbatical Forbearance. If BUSINESS MANAGER during his employment by the DISTRICT or following his term of office does not take a sabbatical leave of absence or a leave of absence for professional development, BUSINESS MANAGER upon termination of his employment shall be entitled to a severance payment in the amount of Twenty-eight Thousand Dollars ($28,000) indexed for inflation. The provision of this subparagraph shall be void, and no severance payment shall be made to BUSINESS MANAGER, (i) if he, except for reasons related to his health, resigns or retires prior to June 30, 2004; or (ii) if the School Code is amended so as to prohibit a school district’s granting a sabbatical leave of absence or a leave of absence for professional development.

F. Hospitalization/Major Medical Benefits. If BUSINESS MANAGER’S employment is terminated because of his retirement, disability or death, BUSINESS MANAGER, following termination of his employment shall continue to receive the same hospitalization/major medical prescription drug dental and vision benefits which the DISTRICT from time to time provides to its administrative employees. BUSINESS MANAGER’S spouse will also be covered if included on the date of termination of BUSINESS MANAGER’S EMPLOYMENT. Coverage (I) for BUSINESS MANAGER will be continued until he reaches age seventy-two (72) and (ii) for BUSINESS MANAGER’S spouse will be continued until the earlier of the date on which the BUSINESS MANAGER’S spouse reaches age seventy-two (72) or ceases to the BUSINESS MANAGER’S spouse. The DISTRICT shall pay for the entire cost for such coverage.

8. MILEAGE REIMBURSEMENT

DISTRICT shall reimburse BUSINESS MANAGER for school district travel at the maximum mileage reimbursement rate as established from time to time by the Internal Revenue Services.

9. PROFESSIONAL LIABILITY.

A. DISTRICT agrees that it shall defend, hold harmless and indemnify BUSINESS MANAGER from any and all demands, claims, suits, actions and legal proceedings brought against BUSINESS MANAGER in his individual capacity, or his official capacity as agent and employee of the DISTRICT, provided the incident arose while BUSINESS MANAGER was acting within the course and scope of his employment and excluding criminal litigation and as such liability coverage is within 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 defending, holding harmless or indemnifying BUSINESS MANAGER against such demands, claims, suits, actions and legal proceedings.

B. DISTRICT shall not, however, be required to pay any costs of any legal proceedings in the event DISTRICT and BUSINESS MANAGER have adverse interests in such litigation.

10. GOALS AND OBJECTIVES.

Upon the execution of this contract, the parties shall meet to establish DISTRICT goals and objectives for the ensuing school year. Said goals and objectives shall be reduced to writing and be among the criteria by which BUSINESS MANAGER is evaluated as hereafter provided. On or prior to September 15 of each succeeding school year, the parties will meet to establish DISTRICT goals and objectives for the next succeeding school year, in the same manner and with the same effect as heretofore described. This provision shall not be interpreted to prevent DISTRICT goals and objectives from being clarified and/or amended during a school year, nor to excuse BUSINESS MANAGER from compliance with specific directives of the Board.

11. PERFORMANCE EVALUATION.

The Superintendent shall evaluate and assess in writing the performance of BUSINESS MANAGER at least once a year during the term of this contract. The evaluation and assessment shall be reasonably related to the position description of BUSINESS MANAGER and the goals and objectives of the DISTRICT for the year in question.

In the event that the Superintendent determines that the performance of the BUSINESS MANAGER is unsatisfactory in any respect, he shall describe in writing, in reasonable detail, specific instances of unsatisfactory performance. The evaluation shall include recommendations as to XXXs of improvements in all instances where the Superintendent deems performance to be unsatisfactory. A copy of the written evaluation shall be delivered to the BUSINESS MANAGER. The BUSINESS MANAGER shall have the right to make a written reaction or response to the evaluation. This response shall become a permanent attachment to the BUSINESS MANAGER’S personnel file. The Superintendent’s evaluation and BUSINESS MANAGER’S response shall be private and in no manner become public knowledge or record. Within thirty (30) days of the delivery of the written evaluation to the BUSINESS MANAGER or as soon thereafter as is reasonably practicable, the Superintendent shall meet with the BUSINESS MANAGER to discuss the evaluation.

12. TERMINATION OF EMPLOYMENT CONTRACT.

This Employment Contract or any extension or renewals hereof may be terminated by:

A. Mutual agreement by the parties, under such terms and conditions as are mutually agreed upon.

B. Retirement or resignation of BUSINESS MANAGER with sixty (60) days notice.

C. Discharge for Cause.

Discharge for cause shall occur in accordance with the provisions and for such reasons set forth in Section 1089 of the Public School Code, as amended and/or for breach of terms and conditions of this contract.

E. Death of BUSINESS MANAGER.

All salary and benefits shall cease upon date of death, except any and all death benefits, employee benefits property payable to survivors of BUSINESS MANAGER and life insurance coverage in place on the day prior to death.

13. WAIVER OF BREACH.

The waiver of DISTRICT of due performance of or compliance with any provisions of this Agreement by BUSINESS MANAGER shall not operate or be construed as a waiver of due performance or compliance by BUSINESS MANAGER thereafter.

14. SEVERABILITY.

If any provision of this Agreement shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid or unenforceable, such judgment shall not affect, impair or invalidate the remainder of this Agreement.

15. APPLICABLE LAW.

This agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania.

16. HEADINGS.

The headings in this Agreement are for convenience only and shall not be considered as part of this Agreement.

17. MODIFICATION.

No waiver, change or modification of any of the terms of this Agreement shall be binding unless in writing and signed by both parties to this Agreement.

IN WITNESS WHEREOF, DISTRICT has caused this Employment Contract to be approved in its behalf by a duly authorized officer and BUSINESS MANAGER has approved this Employment Contract effective on the day and year specified in Paragraph 1.

BOARD OF DIRECTORS OF THE

XXX XXX SCHOOL DISTRICT

_________________________________ By:___________________________________

Business Manager President

___________________________________

Secretary

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