CONTRACT OF EMPLOYMENT WITH ADMINISTRATOR OF EDUCATIONAL SERVICE UNIT 7
THIS CONTRACT OF EMPLOYMENT is made by and between the Board of Educational Service Unit 7 (ESU 7), hereinafter referred to as "the Board", and Larianne Polk hereinafter referred to as "the Administrator".
WITNESSETH: That in accordance with action taken by the Board as recorded in the minutes of the Board meeting held on the 21st day of March, 2016 the Board hereby agrees to employ the Administrator, and the Administrator hereby agrees to accept such employment subject to the following terms and conditions:
Section 1. Term of Contract. The Administrator shall be employed for a period of two (2) years, beginning on the 1st day of July 2016, and expiring on the 30th day of June 2018, excluding Saturdays, Sundays and legal holidays. A “contract year” for purposes of this Contract shall be from July 1 to June 30. A provision for an annual extension of the contract is provided as follows:
Administrator’s Notice of Intent to Extend. The administrator shall, between December 1 and December 31 of each contract year, give the President of the Board an “Administrator’s Notice of Intent to Extend,” which is a written notice that the Administrator intends to extend the Contract which allows the Board of Education to renew this contract for a new period, up to three years, and make adjustments on the annual total compensation each year of the contract as stated in Section 2 of this contract. In the event a Administrator’s Notice of Intent to Extend is not given within the specified time, the Contract may not be extended.
Board Action on Notice of Intent to Extend. In the event the Board has received an Administrator’s Notice of Intent to Extend, the Board shall have until, on, or before February 16th of each year to give a Notice of Intent to Not Extend. In the event the Board does not give a Notice of Intent to Not Extend, or of a notice of possible non-renewal or cancellation, the Contract shall be extended for an additional term of at least one (1) contract year.
Notice of Non-Renewal. The failure to extend does not automatically affect a non-renewal of the Contract. The deadline to give a notice of non-renewal is, by law, April 15th.
At the time of each contract renewal and/or amendment, the Administrator shall be responsible for taking all necessary steps to insure that ESU 7 has complied with the Superintendent Pay Transparency Act.
Section 2. Total Compensation:
Salary. The annual salary for the 2016-2017 contract year shall be: $153,082.49. The annual salary for the second and any subsequent year of this contract will be set by the Board no later than the regular meeting of the board for the month of March (unless alternate date is determined by mutual agreement of Board and Administrator). Said annual salary shall be paid in equal installments in accordance with the policy of the Board governing payment of other professional staff employees of the Educational Service Unit. The Board retains the right to adjust the Administrator's annual salary upward during the term of this Contract, as an amendment hereto, without such adjustment constituting a new contract or extending the length of this Contract. The Administrator's salary shall not be reduced during the term of this Contract.
In consideration of this annual salary, the Administrator agrees to perform faithfully, duties of the Administrator in and for the Educational Service Unit as prescribed by the laws of the State of Nebraska and by the rules and regulations promulgated by the Board thereunder.
Fringe Benefits. The Administrator may elect to receive health insurance benefits consisting of one-half single health/dental insurance in a premium contribution by Educational Service Unit 7 to the health/dental insurance carrier selected by Educational Service Unit 7, in an amount not to exceed $5,606.50; LTD Premium reimbursement: $597.02, Life Insurance: $26.40.
Leave Benefits. For the purpose of this section, the term "working days" shall not include any Saturday, Sunday, legal holiday, or break as indicated on Educational Service Unit Board approved calendar. Paid leave is available to the Administrator when the following specific conditions are met: (1) the Administrator is currently employed by ESU 7 and (2) the paid leave day is taken on a day Administrator would otherwise be expected to be at work. The Administrator shall report earned leave and usage to the Board no less than two (2) times annually.
(a) Vacation Leave: The Administrator shall earn 20 working days of paid vacation leave per ESU 7 policy 3.15.02 to be used in a manner and at times selected by the Administrator.
(b) Sick Leave: The Administrator shall be entitled to 12 annual sick leave days during each year of this contract accumulating to 55 days.
(c) Personal Leave: The Administrator may receive up to 2 personal days each Contract year per Board Policy 3.05. Personal leave days may be used at the Administrator’s sole discretion, provided that the Administrator makes reasonable efforts not to use them when such use would interfere with the Administrator’s ability to attend the Board’s meetings.
Meetings and Dues: The Administrator shall attend appropriate professional meetings at the local, state and national levels provided that such attendance does not interfere with the proper performance of Administrator’s duties. The reasonable and necessary expenses of such meetings shall be reimbursed by ESU 7 consistent with Board policies. In addition, ESU 7 shall pay the Administrator’s annual dues to the following organizations: Nebraska Council of School Administrators (NCSA) and American Association of School Administrators (AASA). The Board may pay dues for other professional organizations suitable for the Administrator position upon the Administrator’s request.
Transportation. The reasonable and necessary expenses of transportation required in the performance of Administrator’s official duties shall be reimbursed at the rate set by the Board for ESU 7 travel.
Indemnification. ESU 7 shall, to the extent permitted by law, defend, hold harmless, and indemnify the Administrator from any and all demands, claims, suits, actions, and legal proceedings brought against the Administrator in the Administrator’s individual capacity or the Administrator’s official capacity as an agent or employee of ESU 7, provided that the incident arose while the Administrator was acting (or, in good faith, reasonably believed that the Administrator was acting) within the scope of the Administrator’s employment with ESU 7 and ESU 7 is not in an adverse position in the legal proceedings. This provision shall not apply to criminal proceedings against the Administrator and shall not obligate ESU 7 beyond any applicable insurance coverage ESU 7 has available.
Section 3. Professional Status. The Administrator hereby affirms that the Administrator is not under contract with another school board or educational service unit covering any part of or all of the same terms provided in this Contract. The Administrator further affirms that throughout the term of this Contract she will hold a valid and appropriate certificate to act as an Educational Service Unit Administrator in the State of Nebraska.
Section 4. Administrator's Duties. The Administrator agrees to perform faithfully the duties of the position as prescribed by the laws and regulations of the State of Nebraska; the policies, rules and regulations promulgated by the Board; the Administrator Job Description; and the directives of the Board.
Section 5. Board - Administrator Relationship. The Board shall have primary responsibility for formulating (in collaboration with the Administrator) and adopting Board policy. The Administrator shall be the chief administrative officer for the Educational Service Unit, and shall have primary responsibility for implementation of Board policy. The Administrator shall be responsible for development of regulations and rules consistent with Board policy and shall communicate with the board about these regulations and rules. In the absence of Board policy on matters which require prompt action, the Administrator shall have the authority to act using the Administrator’s professional judgment and consistent with legal requirements; provided that the Administrator shall report the nature of the matter and the action taken to the Board no later than the next regularly scheduled Board meeting. The parties agree, individually and collectively, not to interfere with or usurp the duties or responsibility of the other party. The Board, individually and collectively, will promptly refer all criticisms, complaints, and suggestions called to its attention to the Administrator for action, study and/or recommendation, as appropriate.
Section 6. Evaluation of the Administrator. The Administrator shall be evaluated once during each contract year, unless the Board deems additional evaluations appropriate as per Policy 1.12.01. The Administrator shall receive a copy of the evaluation and shall have the right to submit a response to the evaluation, which response shall be placed in the Administrator’s personnel file. The Administrator shall notify the President of the Board to remind the Board of the need to evaluate.
Section 7. Contract Termination. Throughout the term of this Contract the Administrator may be discharged if she materially breaches any provision of this Contract, or performs any act which substantially inhibits her ability to discharge her duties as Administrator, including, but not limited to: (a) upon cancellation, termination, revocation, or suspension of the Nebraska Administrative and Supervisory Certificate, or the Nebraska Professional Administrative and Supervisory Certificate by the State Board of Education; (b) breach of any of the material provisions of this Contract; (c) for any of the reasons set forth in this employment contract; (d) incompetency; (e) neglect of duty; (f) unprofessional conduct; (g) insubordination; (h) physical or mental incapacity; or (i) conviction of a felony. The procedures for cancellation during the term of the contract shall be in accordance with the applicable Nebraska Revised Statutes.
Section 8. Compensation upon Termination and Credit for Accrued Vacation. Upon lawful termination of this Contract for any reason, the compensation to be paid hereunder shall be an amount which bears the same ratio to the annual salary specified as the number of months or fraction thereof to the date of such termination bears to the twelve months in the annual salary period in which termination occurs. Any portion of the salary paid, but not earned, prior to the date of termination of this Contract shall be refunded by the Administrator. Upon termination or expiration of this Contract, the Administrator shall be entitled to compensation for all unused accrued vacation leave at the current salary.
Section 9. No Penalty for Release or Resignation. There shall be no penalty for release or resignation by the Administrator from this Contract; provided no resignation shall become effective until expiration of the Contract unless accepted by the Board and the Board shall fix the time at which the resignation shall take effect.
Section 10. Disability. Should the Administrator be unable to perform her duties by reason of illness, accident or other disability beyond her control, and such disability shall continue for more than six (6) continuous months, or if such disability is permanent, irreparable, or of such a nature as to make performance of her duties impossible, the Board may in its discretion terminate this Contract, whereupon the respective rights, duties, and obligations of the parties hereunder shall terminate.
Section 11. Deductions. This Contract shall conform to the statutes and regulations governing deductions from compensation. ESU 7 shall withhold other deductions as the Administrator and Board may agree.
Section 11. Governing Laws. The parties shall be governed by all applicable state and federal laws, rules, and regulations in performance of their respective duties and obligations under this Contract.
Section 12. Amendments to be in Writing. This Contract may be modified or amended only by a writing duly authorized and executed by the Administrator and the Board.
Section 13. Severability. If any portion of this Contract shall be declared invalid or unenforceable by a court of competent jurisdiction, such declaration shall not affect the validity or enforceability of the remaining provisions of this Contract.