AGREEMENT
BETWEEN
INDEPENDENT SCHOOL DISTRICT 15
St. Francis, Minnesota
and
SUPERINTENDENT
2013-2016
Approved by the School Board on, 06/24/2013.
Effective through 6/30/2016
TABLE OF CONTENTS
I.
Applicable Statute............................................................................................3
II.
Licensure ........................................................................................................3
III.
Duration, Extension, Expiration, Termination and Mutual Consent .......... 3-4
IV. Duties .......................................................................................................... 4-5
V.
Duty Year and Leaves ................................................................................ 5-6
VI.
Insurance .................................................................................................... 6-7
VII. Other Benefits............................................................................................ 7-8
VIII. Salary ............................................................................................................8
IX.
Other Provisions ........................................................................................ 8-9
X.
Retirement/Severance .......................................................................... ...9-10
Signature Page .......................................................................................................10
2
INDEPENDENT SCHOOL DISTRICT NO. 15
St. Francis, MN 55070
SUPERINTENDENT’S CONTRACT
The School District of Independent School District No. 15, St. Francis, Minnesota, enters
into this agreement with Edward C. Saxton, a legally qualified and licensed
Superintendent, who agrees to perform the duties of Superintendent of Schools of the
School District.
The School District and the Superintendent agree as follows:
ARTICLE I
Applicable Statute
Section 1. This agreement is entered into between the School Board and the
Superintendent in conformance with Minn. Stat. § 123B.143, Subd. 1 as amended.
ARTICLE II
Licensure
Section 1. The Superintendent shall maintain a valid and appropriate license to act as
Superintendent in the state of Minnesota as provided by applicable state laws, rules and
regulations.
ARTICLE III
Duration, Extension, Expiration, Termination, and Mutual Consent
Section 1. Duration: This contract is for a term of three years commencing July 1, 2013
and ending June 30, 2016. It shall remain in full force and effect unless modified by
mutual consent of the School Board and the Superintendent or unless terminated or
extended as provided herein.
Section 2. Subsequent Contract: Pursuant to Minn. Stat. § 123B.143, Subd. 1, the School
Board and Superintendent may not enter into a subsequent contract more than 365
calendar days prior to the expiration of this contract. Further, any subsequent contract
would be contingent upon the Superintendent completing the terms of this contract.
Without modifying or waiving its discretionary authority under Minn. Stat. § 123B.143,
Subd. 1, the School Board hereby declares its present intent to notify the Superintendent
no later than six (6) months prior to the expiration of this contract as to whether it intends
to offer or not offer the Superintendent a subsequent contract. If the decision is to not
offer a subsequent contract, the Superintendent may then request a meeting(s) with the
School Board to discuss its intentions, and reasons therefore, and the way in which any
concerns of the school Board might be addressed by the parties, The School Board may
thereafter act to offer a subsequent contract contingent upon the Superintendent
3
completing the terms of this contract. The parties understand and agree that whether or
not the School Board gives the six (6) months notice to the Superintendent as provided
herein, this contract shall expire at the end of the term specified above.
Section 3. Expiration: This contract shall expire at the end of the term specified in
Section 1 unless extended by mutual consent or as provided herein. At the conclusion of
its term neither party shall have any further claim against the other, and the School
District’s employment of the Superintendent shall cease, unless a subsequent contract is
entered into in accordance with Minn. Stat. § 123B.143, Subd. 1.
Section 4. Termination During the Term: The Superintendent’s employment may be
terminated during the term of this contract only for cause as defined in Minn. Stat. §
122A.40, Subds. 9 or 13. Except for purposes of describing grounds for discharge, the
provisions of Minn. Stat. § 122A.40 shall not be applicable. If the School Board
proposes to terminate the Superintendent during the contract term for cause as defined in
Minn. Stat. § 122A.40, Subd. 9 or 13, it shall notify the Superintendent in writing of the
proposed grounds for termination. The Superintendent shall be entitled to a hearing
before an arbitrator provided the Superintendent makes such a request in writing within
fifteen (15) calendar days after receipt of the written notice of the proposed termination.
In such event, the parties shall jointly petition the Bureau of Mediation Services (BMS)
for a list of five (5) arbitrators. The arbitrator shall conduct a hearing under normal
arbitration procedure rules and issue a written decision. The decision of the arbitrator
shall be final and binding upon the parties, subject to normal judicial review of arbitration
decision as provided by law. The Superintendent may be suspended with pay pending
final determination by the arbitrator. If the Superintendent fails to request a hearing as
provided herein within the fifteen (15) calendar day period, it shall be deemed
acquiescence by the Superintendent to the School Board’s proposed action and the
proposed action shall become final on such date as determined by the School Board, and
the Superintendent shall have no further claim or recourse.
Section 5. Mutual Consent: This contract may be terminated at any time by the parties by
mutual consent.
ARTICLE IV
Duties
Section 1. The Superintendent shall have charge of the administration of the schools
under the direction of the School Board. The Superintendent shall be the chief executive
officer of the School Board; shall direct and assign teachers and other employees of the
schools under the Superintendent’s supervision; shall organize, reorganize and arrange
the administrative and supervisory staff, including instruction and business affairs; as best
serves the School District subject to the approval of the School Board; shall from time to
time suggest policies, regulations, rules and procedures deemed necessary for the School
District and in general, perform all duties incident to the office of the Superintendent and
such other duties as may be prescribed by the School Board from time to time. The
Superintendent shall abide by the policies, regulations, rules and procedures established
4
by the School Board and the State of Minnesota. The Superintendent shall have the right
to attend all School Board meetings and all School Board and citizen committee
meetings, serve as an ex-officio member of all School Board committees and provide
administrative recommendations on each item of business considered by each of these
groups.
ARTICLE V
Duty Year and Leaves
Section 1. Basic Work Year: The Superintendent’s duty year shall be for the entire
twelve-month contract year as provided herein and the Superintendent shall perform
services on those legal holidays on which the School District is authorized to conduct
school if the School Board so determines. The Superintendent shall be on duty during
any emergency, natural or unnatural, unless otherwise excused in accordance with School
Board administrative policy.
Section 2. Vacation: The Superintendent shall earn an annual paid vacation each contract
year of 25 days.
Subd. 1. The Superintendent will be able to accumulate a maximum of ten (10)
days of unused vacation days per year. Vacation must be used by December 31 of
the fiscal year following the year in which it is earned or be lost.
Subd. 2. On an annual basis, the Superintendent will report to the School Board
the number of unused vacation days that were accumulated during the year.
Subd. 3. Unused days in this section are subject to the provisions of Article IX
Section 6.
Section 3. Holidays: The Superintendent shall be entitled to eleven (11) paid holidays
each contract year as designated by the School Board and five (5) non-accumulating
holidays.
Section 4. Sick Leave: The Superintendent shall, while employed full-time by the School
District, earn additional paid sick leave at the rate of 2.0 days for each working month.
Absence in excess of the number of accumulated sick leave days shall result in salary
deductions in proportion to the number of said absent days. Sick leave pay shall be
allowed only upon submission of the electronic report to the Human Resources
Department.
Section 5. Personal/Emergency Leave: The Superintendent maybe granted paid
personal/emergency leave during the contract year at the written direction of the School
Board.
Section 6. Bereavement Leave: The Superintendent shall be granted paid bereavement
leave, the days to be deducted from sick leave.
5
Section 7. Disability: If the Superintendent is unable to perform regular duties because of
personal illness or disability and has exhausted all accumulated sick leave, the School
District shall provide additional paid sick leave at a salary equal to fifty percent (50%) of
the Superintendent’s regular salary until the expiration of the waiting period for longterm disability insurance.
Section 8. Medical Leave:
Subd. 1. The Superintendent and the School District agree to incorporate by
reference and be bound by the provisions of Minn. Stat. § 122A.40, Subd. 12
relating to suspension and leave of absence for health reasons.
Subd. 2. If the Superintendent is unable to perform regular duties because of
personal illness or disability and has exhausted all sick leave credit available or
has become eligible for long-term disability compensation and has not been
suspended or placed on leave of absence pursuant to Minn. Stat. § 122A.40, Subd.
12, the Superintendent shall, upon request, be granted a medical leave of absence
up to one year in duration without pay. The School Board may, in its discretion,
extend such a leave upon written request. A request for medical leave of absence
or extension thereof pursuant to this section shall be accompanied by a written
statement from a physician outlining the condition of health and estimated time at
which the Superintendent is expected to be able to resume normal responsibilities.
The Superintendent when on medical leave of absence is eligible to continue to
participate in group insurance programs as permitted under the insurance policy
provisions, and the Superintendent shall pay the entire premium for such
programs as the Superintendent wishes to retain commencing with the beginning
of the leave. If medical leave of at least one (1) full year is granted pursuant to
this section, the Superintendent voluntarily waives any right to a leave of absence
to which the Superintendent might otherwise be entitled pursuant to Minn. Stat. §
122A.40, Subd. 12.
ARTICLE VI
Insurance
Section 1. Health: The School District shall pay the premium for health insurance, under
the School District’s group plans, for the Superintendent and the Superintendent’s
dependents. OR, the Superintendent may elect to engage in the provisions of Article VIII
Section 2.
Section 2. Dental: The School District shall pay full dental insurance, under the School
District’s group plans, for the Superintendent and the Superintendent’s dependents.
6
Section 3. Life Insurance: The School District shall provide a group term life insurance
plan providing insurance equal to three times the annual salary of the Superintendent,
payable to the Superintendent’s named beneficiary, at the expense of the School District.
Section 4. Long-Term Disability Insurance: The School District shall provide, at the
School District expense, long-term disability coverage for the Superintendent at the
maximum level of benefits available under the District’s group plan.
Section 5. Health Care Savings Plan: Health Care Savings Plan (HCSP): $3,500 shall be
paid in year one into the Superintendent’s Health Care Savings Plan (HCSP) on the first
pay period of each fiscal year. Subsequent years, the HCSP will be the District’s
standardized amount.
Section 6. Liability Insurance: The School District shall provide, at School District
expense, liability insurance naming the Superintendent as an insured, along with the
School District, in an amount not less than is required by law for the School District.
Section 7. Claims Against the School District: The eligibility of the Superintendent, or
the Superintendent’s dependents or beneficiary for insurance benefits shall be governed
by the terms of the insurance policies purchased by the School District pursuant to this
section. It is understood that the School District’s only obligation is to purchase the
insurance policies described herein, and no claim shall be made against the School
District as a result of denial by an insurer of insurance benefits if the School District has
purchased the policies and paid the premiums prescribed herein.
ARTICLE VII
Other Benefits
Section 1: The School District shall pay the 403b employer match pursuant to Minn.
Stat. § 356.24, Sub. 1(5) to the Minnesota Deferred Compensation Program of the
Superintendent’s choice.
Section 2. Conferences and Meetings: The School District shall pay all legally valid
expenses and fees for the Superintendent’s attendance at professional conferences and
meetings with other educational agencies when attendance thereof is required, directed,
or permitted by the School Board. The Superintendent shall attempt to advise the School
Board of all meetings and conferences that the Superintendent will be attending and shall
periodically report to the School Board relative to all meetings and conferences attended.
The Superintendent shall file itemized expense statements to be processed and approved
as provided by law and District procedures. The Superintendent is encouraged but not
required to attend two (2) national conference per year.
Section 3. Automobile: The School District shall reimburse the Superintendent for
business use of the Superintendent’s private automobile, pursuant to Minn. Stat. §
471.665, Subd. 3 for travel according to District travel reimbursement policy.
7
Section 4. License Fees: The School District shall pay the administrative licensing fees
for the Superintendent.
ARTICLE VIII
Salary
Section 1. Base Pay: The Superintendent shall be paid an annual salary of $144,929 for
the 2013-2014, 2014-2015, and 2015-2016 school years. The School Board hereby
retains the right to adjust the annual salary of the Superintendent during the term of this
contract, provided that such salary adjustments shall not reduce the annual salary below
the figure stated in this paragraph, unless such decrease is part of a uniform plan affecting
salaries of all employees of the District.
Section 2. Strategic Reallocation of Resources (SRR): The Superintendent may waive the
benefits in Article VI, Section 1, and receive 9.5% of base pay, divided over 24 payperiods. This section is subject to proration depending on the time of election.
ARTICLE IX
Other Provisions
Section 1. Outside Activities: While the Superintendent shall devote full-time and due
diligence to the affairs and the activities of the School District, the Superintendent may
serve as a consultant to other School Districts or educational agencies, lecture, engage in
writing and speaking activities, and engage in other activities if such activities do not
impeded the Superintendent’s ability to perform the duties of the superintendent. If the
time involved participating in such activities requires time away from district duties it
shall be reported in writing by the Superintendent and deducted from annual vacation
time.
Section 2. Indemnification and Provision of Counsel: In the event that an action is
brought or a claim is made against the Superintendent arising out of or in connection with
the Superintendent’s employment, and the Superintendent is acting within the scope of
employment or official duties, the School District shall defend and indemnify him to the
extent permitted by law. Indemnification, as provided in this section, shall not apply in
the case of malfeasance in office or willful or wanton neglect of duty, and the obligation
of the School District herein shall be subject to the limitations as provided in Minnesota
Statutes Chapter 466.
Section 3. Dues: The Superintendent is encouraged to belong to appropriate professional,
educational and civic organization where such membership will serve the best interests of
the School District. Accordingly, the School District will pay such membership dues for
organizations as are required, directed, or permitted by the School Board as agreed upon
by the Superintendent and School Board or designees, up to a maximum of $2,000 per
year. The Superintendent shall present appropriate statements for approval as provided
by law.
8
Section 4. Evaluation: The School Board and Superintendent shall mutually agree upon a
process and timeline for conducting the annual evaluation of the Superintendent in
writing. The evaluation process shall reflect the Superintendent’s position description,
School Board and Superintendent Goals, and management practices as agreed upon by
the Superintendent and School Board, or designees. Said evaluation shall be concluded
prior to June 30 of the year for which it is conducted and the results communicated with
the Superintendent. In accordance with Open Meeting Laws, the Superintendent may
request that discussion of the annual evaluation with the School Board be an open session
meeting.
Section 5. Sick Leave Pay: Upon resignation, retirement or a decision by the School
Board to not offer the Superintendent a subsequent contract, the Superintendent will
receive compensation for unused sick leave. Payment for each unused sick day earned
before July 1, 2003 shall be paid at 50% of the daily rate of the High School Principal’s
annual salary at the time of the resignation or retirement. Payment for unused sick days
earned after July1, 2003 shall be based on the Superintendent’s annual salary at the time
of resignation or retirement divided by 236 for each day of paid sick leave. Sick leave
shall be used in the order earned.
Section 6. Surrender of Unused Days: On a monthly basis, the Superintendent may
surrender unused sick leave, vacation, and floating holidays. In return for those days the
Superintendent will receive his daily rate of pay times the number of days surrendered.
Only days earned subsequent to July 1, 2003 shall be considered for this surrender
provision.
Unused sick leave shall be paid by the District in one lump sum within 45 days following
separation or retirement from the District. In the event of the death of the
Superintendent, the unused days pay will be paid to the Superintendent’s designated
beneficiary, or if there is none, to his estate.
ARTICLE X
Retirement/Severance
Section 1. Benefit In Case of Death of Employee: If the Superintendent dies before all or
a portion of the payments as provided have been disbursed, that balance due shall be paid
to a named beneficiary, or, lacking same, to the deceased's estate.
Section 2. Career Service Recognition Payment: If the Superintendent completes the
term of this contract, and should the Superintendent leave employment in the School
District for any reason other than termination for just cause, the Superintendent shall
receive severance compensation calculated in following manner:
2013-14: Years of Administrative service in Independent School District No. 15 x
4%) x annual salary = severance
9
2014-15: Years of Administrative service in Independent School District No.
15 x3%) x annual salary: severance
2015-16: Years of Administrative service in Independent School District No.
15 x2%) x annual salary: severance
Severance shall be paid by the Dishict in one lump sum within 45 days following
separation or retirement from the District. In the event of the death of the
Superintendent, the severance pay will be paid to the Superintendent's designated
beneficiary, or if there is none, to his estate.
INDEPENIDENT SCHOOL DISTRICT NO.I"s
*)
f-
-n: >
i'7
Date
(s):
t-AS '13
Date
10