2121 — Superintendent’s Contract

Section: 2000 - Administration
Status: Active

Adopted: 2021-09-09

Revised: 2024-10-10

Policy text

SUPERINTENDENT’S CONTRACT

The Governing Board believes that the Superintendent’s employment contract should outline the framework through which the Board and Superintendent will work together as a governance team to achieve district goals and objectives. When approving the Superintendent’s employment contract, the Board shall consider the value of stability in district administration, the best use of district resources, and the Board’s duty to ensure accountability to the public for the performance of the district’s schools.

The contract shall be reviewed by the district’s legal counsel and may include the following:

Term of the contract, which shall be for no more than four years pursuant to Education Code 35031
Length of the work year and hours of work
Salary, health and welfare benefits, and other compensation for the position, including a statement that any subsequent increase in the Superintendent’s salary shall be at the sole discretion of the Board
Reimbursement of work-related expenses, including mileage reimbursement, consistent with Board policies, regulations, and guidelines applicable to other professional administrative staff

The contract may also address payment for professional dues and activities, the district’s provision of cell phones or other technological devices, and the use of apersonal vehicle.
Vacation, illness and injury leave, and personal leaves
Professional development
General duties and responsibilities of the position
Criteria, process, and procedure for annual evaluation of the Superintendent
A statement that there shall be no automatic renewal or extension of the contract, although the Board can enter into a new contract with the Superintendent prior to the expiration of the existing contract
Timeline for providing written notice to the Superintendent if the Board does not wish to enter into a new contract, which shall be at least 45 calendar days in advance of the expiration of the term of the contract pursuant to Education Code 35031, and the responsibility of the Superintendent to remind the Board in writing and in a timely manner of the requirement to give notice
Conditions and process for termination of the contract, including the maximum cash settlement that the Superintendent may receive if the contract is terminated prior to its expiration date
Matters related to liability and indemnification against demands, claims, suits, actions, and legal proceedings brought against the Superintendent in the Superintendent’s official capacity in the performance of employment-relatedduties

The Board may deliberate about the terms of the contract in closed session at a regular meeting. However, discussions regarding the salary, salary schedule, or other compensation may occur in the closed session of a regular meeting only between the Board and its designated representative(s), as permitted under Government Code 54957.6 (the “labor exception”), solely for the purpose of reviewing the Board’s position and/or instructing the designated representative(s) prior to or during bona fide negotiations with the current or prospective Superintendent. Such deliberations shall not be held during a special meeting.

The Board may consult with district legal counsel prior to holding a closed session with the designated representative(s) to discuss compensation to be paid to the current or prospective Superintendent.

Terms of the contract shall remain confidential until the ratification process commences.

The Board shall take final action on the Superintendent’s contract during an open session of a regularly scheduled Board meeting, and that action shall be reflected in the Board’s minutes. At that meeting, prior to taking action, the Board shall orally report a summary of the recommendation for the final action on the Superintendent’s salary or compensation in the form of fringe benefits.

Copies of any contracts of employment, as well as copies of the settlement agreements, shall be available to the public upon request.

Termination of Contract

Prior to the expiration of the contract, the Board may terminate the Superintendent’s employment contract in accordance with law and applicable contract provisions.

In such an event, the maximum cash settlement that the Superintendent may receive upon termination of the contract shall not exceed the Superintendent’s monthly salary multiplied by the number of months left on the contract or the Superintendent’s monthly salary multiplied by 12, whichever is less.

The cash settlement shall not include any noncash items other than health benefits, which may be continued for the same duration of time as covered in the settlement or until the Superintendent finds other employment, whichever occurs first.

However, when the termination of the Superintendent’s contract is based upon the Board’s belief and subsequent confirmation through an independent audit that the Superintendent has engaged in fraud, misappropriation of funds, or other illegal fiscal practices, no cash or noncash settlement of any amount shall be provided.

In addition, if the Superintendent is convicted of a crime involving an abuse of office or position, the Superintendent shall reimburse the district for payments received as paid leave salary pending investigation or as cash settlement upon termination, and for any funds expended by the district in defending the Superintendent against a crime involving the Superintendent’s office or position.

The Board shall not take action to terminate the Superintendent without cause at a special or emergency meeting of the Board.

Additionally, the Board shall not take action to terminate the Superintendent without cause or within 30 days after the first convening of the Board after an election at which one or more Board members are elected or recalled.

However, the Board may take action to terminate the Superintendent without cause at a regular meeting during any month in which a regular meeting of the Board is not scheduled.