EMPLOYMENT CONTRACT
THIS EMPLOYMENT CONTRACT is
made and entered into this _26th_
day of September, 2006,
by and between the
GLEN RIDGE BOARD OF EDUCATION,
with offices located at 12 High Street, Glen Ridge, New Jersey (hereinafter,
“the Board”)
AND
DANIEL FISHBEIN
NOW THEREFORE, the Board and
the Superintendent, for the consideration herein specified, agree as follows:
1. TERM: The Board, in consideration of the
promises herein contained of the Superintendent, hereby employs, and the
Superintendent hereby accepts employment as the Superintendent of Schools for a
term of five (5) years, commencing on July 1, 2006 and ending on June 30,
2011.
2. SUPERINTENDENT CERTIFICATION AND
RESPONSIBILITIES:
A. Certification:
The Superintendent shall hold a valid and appropriate certificate to act as
Superintendent of Schools in the State of New Jersey.
B. Duties: The Superintendent shall be the
chief executive and administrative officer of the Board and shall have general
supervision over all aspects, including the fiscal operations and instructional
programs of the District, and shall arrange the administrative and supervisory
staff including instruction and business affairs as best serves the District,
in the judgment of the Superintendent.
The selection, placement, transfer and dismissal of personnel, both
instructional and non-instructional, shall occur only upon the recommendation
of the Superintendent, subject to Board approval. The members of the Board, individually and
collectively, will refer to the Superintendent any and all criticisms,
complaints and suggestions concerning the operation and management of the
district called to their attention. The
Board will discuss and direct the Superintendent to study, recommend, and/or
take action. The Superintendent shall have the right to contact the Board
Attorney for legal assistance as the need arises in carrying out his duties.
All duties assigned to the
Superintendent by the
The parties agree that the
Superintendent shall have the right to attend all Board meetings and committee
meetings of the Board and the Superintendent, or the Superintendent’s delegate,
has the right to make recommendations to the Board or committee with respect to
any proposed action or policy. The
parties also agree that the Board shall not hold any discussions regarding the
Superintendent’s employment, unless the Superintendent is give written notice
as least 48 hours in advance, is permitted to be present during such
discussions, is given the opportunity to address the Board, and permitted to
have a representative of his/her choosing speak on the Superintendent’s
behalf. In addition, the Board shall not
hold any discussions with regard to the Superintendent’s performance, or that
may adversely affect the Superintendent’s employment, in public session, unless
the Superintendent requests that such discussions are held in public session,
pursuant to the Open Public Meetings Act.
C. Outside Activities: The Superintendent
shall devote time, attention and energy to the business of the District. However, upon written notice and with the
prior approval of the Board, the Superintendent may serve as a consultant to
other districts or educational agencies, lecture, engage in writing activities
and speaking engagements, and engage in other activities at the discretion of
the Superintendent. Activities which
require the Superintendent to be absent from the District for more than one
full working day shall require written notice to and prior approval of the
Board.
3. PROFESSIONAL GROWTH OF
SUPERINTENDENT: The Board encourages the continuing professional growth of
the Superintendent through
participation as the Superintendent might decide, in light of the
responsibilities as the Superintendent, in the following:
A.
The operations,
programs and other activities conducted or sponsored by local, state and
national school administrator and / or school board associations; and
B.
seminars and
courses offered by public or private educational institutions;
C.
Informational
meetings with other persons whose particular skills or backgrounds would serve
to improve the capacity of the Superintendent to perform his professional
responsibilities for the Board; and
D.
visits to other
institutions; and
E.
Other activities,
in addition to those items included in A through D above.
The
Board, upon notice and with prior written approval, shall permit a reasonable
amount of release time for the Superintendent, as deemed appropriate, to attend
such matters and shall pay all necessary travel, registration and sustenance
expenses.
4.
COMPENSATION:
A.
Salary: For the period July 1,
2006 to June 30, 2007, the Board shall pay the Superintendent one hundred
sixty-nine thousand eight dollars ($169,008) exclusive of longevity and advance
degree amounts. This annual salary rate shall be paid to the Superintendent in
accordance with the schedule of salary payments in effect for other certified
administration employees.
During
the term of this Employment contract, including any extension thereof, the
Superintendent shall not be reduced in compensation and / or benefits. In no event shall the Superintendent’s
salary, leaves, medical and / or other insurance, and / or any other forms of
compensation and benefits be less than that provided any other employee in the
district and not decrease from current levels without consent of the
Superintendent.
Any adjustment in salary made during
the life of this Employment contract shall be in the form of an amendment and
shall become part of this Employment Contract, but it shall not be deemed that
the Board and the Superintendent have entered into a new employment contract.
5. BENEFITS:
A.
Vacation/Holidays: The Superintendent shall be granted twenty-seven (27)
vacation days for each school year, all of which shall be available to the
Superintendent on July 1st of each year. However, vacation days shall be earned at the
rate of two and one-twelfth (2-1/12th) days per month. If the Superintendent shall leave or this
contract is terminated in the middle of any contract year, an accounting of
vacation days earned and used shall be completed and the appropriate debit or
credit shall be made between the parties. The Superintendent shall be allowed
to carryover up to five (5) vacation days into the next school year and receive
payment for no more than ten (10) days at a rate of 1/240 per diem. The Superintendent must notify the Board, in
writing, of his intent under this clause no later than June 15th. The Superintendent shall be permitted to take
vacation days at any time, including, but not limited to, at the
Superintendent’s option, upon retirement, resignation or contract
non-renewal. The Board, through the
business office, shall be responsible for maintaining written documentation of
the Superintendent’s earned and accrued vacation days and shall complete the
appropriate accounting for vacation days as set forth herein.
The Superintendent shall be entitled to all holidays
granted to any other twelve-month administrator in the District.
B.
The Superintendent shall receive a one-time $5,000.00 (five thousand dollar)
retention bonus (less applicable state and federal tax deductions) payable no
later than
C. Personal Leave: The Superintendent shall be
granted four (4) personal leave days annually to attend to personal matters,
which require absence during school hours, to be used at his discretion. Unused
personal days shall convert to accumulated sick leave at the end of each
school.
D.
Medical and Other Benefits: The Superintendent shall receive medical,
health, dental care, prescription, disability (two-thirds of annual salary) and
vision care benefits as provided to members of the Glen Ridge Administrative and Supervisory Association in
accordance with the agreement between the
E.
Sick Leave: "Sick Leave" is defined to mean the absence of any
employee from his post of duty because of personal disability due to illness or
injury, or because he has been excluded from school by the school District’s
medical authorities on account of a contagious disease or being quarantined for
such a disease in his immediate household.
The Superintendent shall receive fifteen (15) sick days annually. The unused sick days earned in Glen Ridge are
cumulative.
F.
Bereavement Leave: The Superintendent shall receive bereavement leave as
provided to the members of the Glen Ridge Administrative and Supervisory Association
in accordance with the agreement between the
G. Membership Fees: The Board shall pay one hundred percent
(100%) of the Superintendent’s and/or the District’s curriculum leader’s
membership fees and / or charges to the American Association of School
H.
Reimbursable Expenses: The Board
shall reimburse the Superintendent for expenses incurred for travel and
sustenance within the District and travel within the County of Essex in the
performance of the duties under this Employment Contract. The Superintendent shall be paid a $400.00 (four
hundred dollar) allowance per month for travel expenses and sustenance within
I.
Business Items: The Board shall provide the Superintendent with or
reimburse the Superintendent for the full use of a cellular telephone,
electronic planner, personal computer, personal fax, yearly internet access,
internet provider service and other business items upon written notice and with
the prior approval of the Board.
J.
Other Benefits: The Superintendent shall be entitled to other benefits
not listed herein but provided as part of the Glen Ridge Administrative and
Supervisory Association agreement. At no time should the Superintendent’s
benefits be less than those provided to the GRASA and the GREA.
6. SEPARATION FROM SERVICE:
A.
Vacation Days: Upon the
Superintendent’s separation from employment with the District, the Board will
pay all unused, accumulated vacations days as follows:
1.
If the Superintendent dies before his contract period is completed, payment for
his unused vacation days shall be given to his estate.
2.
If the Superintendent resigns or retires during the contract year, he shall
receive cash payment for all unused pro-rated vacation days.
B. Sick Days:
1.
After ten (10) years of service as an Administrator in the Glen Ridge School
District, the Board will compensate the Administrator who leaves the School
District for one-half of his accumulated sick days according to the
Administrator’s rates:
Up
to and including 50 days $125 per day
51
and up to 100 days $135
per day
101
and up to 150 days $145
per day
2. The total amount of
compensation shall not exceed $15,000.
3.
Upon death, the payment of the Administrator’s accumulated sick days shall be
made to his estate.
C.
Payment to Estate: If the Superintendent dies before a contract year is
completed, payment for unused, accumulated vacation and sick days in accordance
with provision B above shall be made to the Superintendent’s estate.
7. PROFESSIONAL
LIABILITY
A. The Board agrees that it shall defend, hold
harmless and indemnify the Superintendent from any and all demands, claims,
suits, actions and legal proceedings brought against the Superintendent in his
official capacity as agent or employee of the Board, provided the incident
arose while the Superintendent was acting within the scope of his employment
and, as such, liability coverage is within the authority of the Board to
provide under State law. In the event,
that the Superintendent is the subject of criminal proceedings brought against
him in his official capacity as an agent or employee of the Board, the Board
shall not be responsible to defend him or hold him harmless for the costs and expenses
incurred in the defense of such criminal charges unless the final disposition
of such charges are in favor of the Superintendent.
B. If, in the good faith opinion of the Board, a
conflict exists with regard to the defense of any claim between the legal
position of the Superintendent and the legal position of the Board, the
Superintendent may engage legal counsel of the Superintendent’s choice at a
hourly fee not to exceed the hourly fee charged by counsel to the
C.
The Board will provide the Superintendent with professional liability insurance
coverage under a policy covering the members of the
8. MEDICAL EXAMINATION
The
Superintendent shall undergo a physical examination at least once in every year
pursuant to N.J.S.A. 18A:16-2 and N.J.S.A. 18A:16-3, the scope of which shall
be determined under rules of the State
9. BOARD GOALS AND OBJECTIVES
The
parties shall meet to establish the Board’s goals and objectives for the
ensuing school year. Said goals and
objectives shall be reduced to writing and be among the criteria by which the
Superintendent is evaluated, as hereinafter provided. On or prior to June 1st of each
succeeding school year, the parties will meet to establish the Board’s goals
and objectives for the next succeeding school year, in the same manner, and
with the same effect as heretofore described.
10. EVALUATION
The Board shall evaluate the performance of the
Superintendent at least once a year.
Each evaluation shall be in writing, a copy shall be provided to the
Superintendent, and the Superintendent and the Board, or its designee, shall
meet to discuss the findings. The
evaluations shall be based upon the goals and objectives of the District, the
responsibilities of the Superintendent as set forth in the job description for
the position of the Superintendent (attached hereto and incorporated herein by
reference), and such other criteria as the State
On or
before April 1st of each year of this Employment Contract, the
Board, or its designee, and the Superintendent shall meet in closed executive
session for the purpose of mutual evaluation of the performance of the Board
and the Superintendent. The Board shall
supply the Superintendent with a copy of its written evaluation of him, which
shall include areas of commendations and recommendations, and which shall
provide direction as to any areas of performance in need of improvement.
In
the event that the Board determines the performance of the Superintendent is
unsatisfactory in any respect, it shall describe in writing and in reasonable
detail the specific instances of unsatisfactory performance. The evaluation shall include recommendations
as to the areas of improvement in all instances where the Board deems
performance is unsatisfactory. The
Superintendent shall have the right to respond in writing to the
evaluation. This response shall become a
permanent attachment to the Superintendent’s personnel file. On or before June 1st of each year
of the Employment Contract, the Superintendent and the Board shall meet to
review the evaluation format and to mutually determine the evaluation format to
be used in the subsequent school year.
The Superintendent shall have the right, upon request,
to review the contents of his personnel file and to receive copies at Board
expense of any documents contained therein.
He shall be entitled to have a representative accompany him during such
review. No material derogatory
to the Superintendent’s conduct, service, character or personality shall be
placed in his personnel file unless he has had an opportunity to review the
material. The Superintendent shall
acknowledge that he has had the opportunity to review such material by affixing
his signature to the copy to be filed with the express understanding that such
signature in no way indicates agreement with the contents thereof. The Superintendent shall also have the right
to submit a written answer to such material.
11.
RENEWAL OF EMPLOYMENT CONTRACT:
Any
notice of renewal of this Employment Contract shall be provided by the Board to
the Superintendent, as required by law.
The Superintendent shall notify the Board, in writing, by January 1,
2009, in order to provide time for the Board to review the contract and
determine if a renewal will be offered.
The
Superintendent shall be notified, in writing on or before March 31, 2009, as to
whether the Superintendent’s contract will be renewed or will be terminated at
the conclusion of this contract.
12.
TERMINATION OF EMPLOYMENT CONTRACT: This Employment contract may be
terminated by:
A. Mutual written agreement of the parties;
B. Disability of the Superintendent: In the
event of disability by illness or incapacity, after the Superintendent’s sick
leave has been exhausted, compensation shall be reinstated after the
Superintendent has returned to employment and undertaken the full discharge of
his duties. If a question exists
concerning the capacity of the Superintendent to return to his duties, the Board
may require the Superintendent to submit to a medical examination, to be
performed by a doctor licensed to practice medicine. The Board and the Superintendent shall
mutually agree upon the physician who shall conduct the examination. The examination shall be done at the expense
of the Board. The physician shall limit
the report to those factors that prohibit the Superintendent from performing
his duties.
C.
Unilateral termination by the Superintendent: The Superintendent may propose to
terminate this Employment Contract upon sixty (60) days written notice to the
Board.
13.
COMPLETE AGREEMENT
This
Employment Contract embodies the entire agreement between the parties hereto
and cannot be varied except by written agreement to the undersigned parties.
14. SAVINGS CLAUSE
If,
during the term of this Employment Contract, it is found that a specific clause
of the Employment Contract is illegal in Federal or State law, the remainder of
this Employment Contract not affected by such a ruling shall remain in force.
15. CONFLICTS
In
the event of any conflict between the terms, conditions and provisions of this
Employment Contract and the provisions of the Board’s policies, or any
permissive state or federal law, then, unless otherwise prohibited by law, the
terms of this Employment Contract shall take precedence over the contrary
provisions of the Board’s policies or any such permissive law during the term
of this Employment Contract.
16. RELEASE OF PERSONNEL INFORMATION
The
Board acknowledges and agrees that disclosure of personnel information is
governed by the Open Public Records Act, codified at N.J.S.A. 47:1A-1, et seg., Executive Order No. 11
(November 15, 1974), Executive Order No. 21 (July 8, 202). Executive Order No.
26 (
17. PRE-EXISTING TENURE RIGHTS
Pursuant to N.J.S.A. 18A:17-20.4, the Superintendent
retains all tenure rights accrued in any position which he previously held in
the district. The Superintendent shall also continue to accrue seniority in all
positions in which he achieved tenure in the District. The Superintendent shall
have the right to assert all tenure and seniority rights in event the Board
does not renew the Superintendent for any reason.
WHEREAS,
a duly authorized officer of the Board has approved the terms and conditions of
this Employment Contract, and
WHEREAS,
the Superintendent has approved the terms and conditions of this Employment
Contract, and
WHEREAS,
this Employment Contract has been approved by a recorded roll call majority
vote of the full membership of the
WHEREAS, any and all prior contracts of
employment be and hereby are revoked and rescinded.
IN
WITNESS WHEREOF, the parties set their hands and seals to this Employment
Contract effective on the day and year first above written.
______________________________ ________________________________
Witness:
Glen Ridge
________________________ ________________________________