SLIDE 1
2
Overview
- Legal Requirements
- Entering Into Contracts
- Renewing Contracts
- Terminating Administrator
- Contractual Provisions
Administrative Employment and Contracts: Rights and Expectations - - PowerPoint PPT Presentation
Administrative Employment and Contracts: Rights and Expectations - - PowerPoint PPT Presentation
Administrative Employment and Contracts: Rights and Expectations ACCCA 2013 Annual Conference February 20, 2013 Presented By: Mary Dowell, Liebert Cassidy Whitmore John Didion, Rancho Santiago Community College District Overview Legal
SLIDE 2
SLIDE 3
3
Entering Into Contracts
- Why a Contract?
– Education Code Section 72411(a): Every educational administrator shall be employed … by an appointment or contract
- f up to four years in duration.
SLIDE 4
4
Entering Into a Contract
- Terms and conditions of employment are
memorialized in a written agreement signed by the parties
- Board approval required at a regular
meeting of the board
SLIDE 5
5
Renewing a Contract
- The district and the administrator may
mutually agree to terminate existing contract and enter into a new contract
– Current contract ends on June 30 – Contract with new terms and conditions begins on July 1
SLIDE 6
6
Renewing a Contract
- No contractual provision can provide for
an automatic renewal of the contract if there are automatic salary increases that exceed a cost of living adjustment
- Board approval required at a regular
meeting of the board
SLIDE 7
7
Renewing a Contract
- Automatic renewal by operation of law
– If no notice of non-renewal is provided, the administrator is reemployed for a term of the same duration that was just completed
But: the contract itself can state that it only renews
for one year.
– No statutory or contractual right to an administrative position
SLIDE 8
8
Terminating a Contract
- Mutual agreement
- Resignation
– Terms specified in contract – Must provide appropriate notice as specified in contract
SLIDE 9
9
Terminating a Contract
- Non-renewal of contract
– For contracts longer than a year:
At least 6 months notice prior to expiration of
contract; or
A time period agreed to in the contract (e.g. by
March 15)
– For contracts less than a year, notice of non- renewal must be given on or before March 15
SLIDE 10
10
Terminating a Contract
- Without cause
– Terms specified in contract – Severance pay is limited to the monthly salary owed for the remainder of the contract – Capped at a maximum of 18 months, but no right to have it be 18 months
SLIDE 11
11
Terminating a Contract
- For cause
– Administrators without tenure as a faculty member may be terminated for cause pursuant to the terms of the contract, if any – Administrators with tenure as a faculty member must be dismissed in accordance with Education Code 87732
SLIDE 12
12
Retreat Rights – Academics Only
- No retreat rights for an administrator
dismissed for cause
- Administrator with tenure as a faculty
member who has been released without cause may return to a faculty position
SLIDE 13
13
Retreat Rights
- Academic administrator without tenure as a
faculty member may become a first-year probationary faculty member
– Termination must not be for cause – District must have a process to evaluate whether administrator meets minimum qualifications, developed with Faculty Senate – Administrator must have completed at least 2 years
- f satisfactory service
– A first-year probationary position must be available
SLIDE 14
Common Contractual Provisions
SLIDE 15
15
Essential Provisions
- Term/Duration
– Governs the length of the contract – Administrator contracts may be up to 4 years in duration – Limitations on CalSTRS annuitants:
$31,020 annual post-retirement earnings limit
(2011-12)
Beginning in 2013, there is a180-day waiting
period prior to being employed regardless of the age of the annuitant
SLIDE 16
16
Essential Provisions
- Salary
– Base salary – COLA – Grounds for salary increases
- Duties/Responsibilities
– Defines the job responsibilities of the position
SLIDE 17
17
Essential Provisions
- Evaluation
– Explains the standards, timing, and process for performance evaluations
SLIDE 18
18
Essential Provisions
- Fringe benefits
– Medical & dental insurance – Life insurance – Leaves – Retirement plans
- Expense allowance/Reimbursement
SLIDE 19
19
Essential Provisions
- Termination
– Resignation, for cause, without cause, non- renewal
SLIDE 20
20
Essential Provisions
- Applicable law
– Defines what law applies to interpret and enforce the contract (e.g. California law) – May define where parties may sue to enforce the contract (e.g. Alameda County)
- Severability/Savings Clause
– If one term of the contract is invalidated by a court, the rest of the contract is still enforceable
SLIDE 21
21
Essential Provisions
- Complete/Entire Agreement
– Contract is a final expression of the agreement between the parties – No other terms or conditions exist outside what is written in the contract
SLIDE 22
22
Other Optional Provisions
- Arbitration/Mediation Clause
- Medical Examinations
- Outside Employment/Professional
Activities
- Non-Compete Clause
- Non-Recruiting Clause
SLIDE 23
23
New Requirements
- If the following benefits are provided, the
contract must contain provisions requiring an administrator to reimburse the district for these costs if he/she is convicted of a crime involving an abuse of his/her position:
– Paid leave pending an investigation – Funds for the legal criminal defense of the administrator – Any cash settlement received related to the termination of the employment contract
SLIDE 24
24
Effect of PEPRA
- Post-retirement earnings limit for STRS
- 960 hour limit for PERS
SLIDE 25
25