School Committee

LOWELL SCHOOL COMMITTEE REGULAR MEETING AGENDA Date: 2014-06-25 Time: 6:30 PM Location: City Council Chamber 375 Merrimack Street, 2nd Floor, Lowell, MA SALUTE TO FLAG: 1. SALUTE TO FLAG: ROLL CALL: 2. ROLL CALL: SPECIAL ORDER OF BUSINESS: 3. 2014 / 249 Superintendent Jean M. Franco: Contract Extension 4. 2014 / 250 Assistant Superintendent Claire Abrams: Contract Amendment ADJOURNMENT: 5. ADJOURNMENT: Lowell Public Schools • 43 Highland Street • Lowell, MA 01852 • http://www.lowell.k12.ma.us  Lowe ll Public Schools LOW ELL PUBLIC SCHOOLS 43 Highland Stree t Phone: (978) 674-4320 Lowe ll, Massachuse tts 08152 Superintendent Jean M. Franco: Contract Extension To: Members of the Lowell School Committee From: Lowell Public Schools Agenda Item: 2014 / 249 Recommendation: Background: Attachments:  AN EMPLOYMENT AGREEMENT BETWEEN CITY OF LOWELL SCHOOL DEPARTMENT and JEAN FRANCO This Agreement is made and entered into as of the_______ day of June, 2014 between the School Committee of the City of Lowell, hereinafter referred to as the "Committee," and Jean Franco, hereinafter referred to as the "Superintendent." Whereas, at a special meeting, the Committee voted to appoint Jean Franco Superintendent of Schools for the City of Lowell, effective July 1, 2011. Whereas, the vote of the Committee was subject to the parties agreeing to certain terms and conditions of employment. Whereas, at a meeting held on, the Committee voted to approve the employment of the Superintendent in accordance with the following terms and conditions of the Agreement; and Whereas, the Committee voted to execute a contract with the Superintendent; and Whereas, the Superintendent desires to be employed by the Committee in accordance with the terms of this Agreement. Now, Therefore, for and in consideration of the mutual covenants and promises hereinafter contained, it is agreed by and between the parties hereto as follows: Section 1: Employment The Committee hereby employs the Superintendent, and the Superintendent hereby enters into the employ of the Committee as Superintendent of the Lowell Public School District. Such employment shall be subject to the terms and conditions of this Agreement. Section 2: Duties In the Superintendent's capacity as the Superintendent of Schools, the Superintendent shall be responsible for and perform all acts and duties incident thereto, including, but not limited to, the following: A. Performing of all duties and responsibilities of Superintendent of the Lowell Public School District as set forth in the appropriate Job Description, attached hereto as attachment "A", the Lowell Public Schools Policy Manual, and any other Policies of the Committee as now or hereafter adopted; B. Performing for the Committee and the Lowell Public School District all duties and responsibilities of school superintendents imposed by and implied from (1) the laws of the Commonwealth of Massachusetts including, but not limited to, all applicable laws, statutes, rules and regulations; (2) customs and practices within the Commonwealth of Massachusetts; (3) federal laws of the United States of America; (4) local ordinances, laws, policies and practices; (5) Lowell Public School Policies; and (6) Lowell School Committee Policies. C. Serving as the chief administrative officer and executive officer of the Lowell Public School District; D. Performing such other duties and responsibilities as from time to time may now or hereafter be assigned to the Superintendent by the Committee; E. In addition to the above, the Superintendent shall make recommendations to the Committee concerning the budget, as well as preparing the same for the Committee's approval, and shall make recommendations concerning building plans, the location of sites for school construction or use, the selection of text books, instructional material and courses of study. F. The Superintendent shall keep or cause to be kept records and accounts as directed and required by law and the Committee; aid in making such reports as required by law and the Committee; and perform such other duties as the Committee may designate to her. G. The Committee, individually and collectively, shall promptly refer to the Superintendent for her study and recommendation all criticism, complaints, and suggestions brought to its attention. Section 3: Term This Agreement shall take effect on July 1, 2014, and continue in force thereafter through the 30th day of June 2016, subject, however, to termination as hereinafter provided. 2 A. This Agreement may be terminated by mutual written agreement upon 90 days notice. The Superintendent shall not later than December 1, 2015 advise the Committee by written notice whether she desires to negotiate a successor Agreement. Failure to so notify the Committee shall result in the expiration of this agreement on June 30, 2016 unless this Agreement is otherwise terminated for cause as stated herein. Upon receipt of timely notice from the Superintendent of her desire for a Successor Agreement, the Committee shall within sixty (60) calendar days respond to the Superintendent in writing of its willingness or unwillingness to accept a proposal for the Superintendent for a successor contract. Failure of the Committee to respond to the written notice of the Superintendent within said sixty (60) calendar day period shall cause this Agreement to be extended for one (1) year on terms no less favorable to the Superintendent than prevailed in the July 1, 2015 through June 30, 2016 Agreement year. B. The Committee may terminate the contract of employment during its term for one or more of the following reasons: 1. Inefficiency. 2. Incompetence. 3. Insubordination against reasonable policies, and or reasonable directives and rules of the Committee. 4. Moral misconduct. 5. Disability as shown by competent medical evidence. 6. Other good cause as determined by the Committee. In the event the Committee seeks to terminate the contract for one of the above reasons, it shall serve on the Superintendent written notice that termination of the contract is under consideration. Within fifteen (15) days after receipt from the Committee of written notice that contract termination is under consideration, the Superintendent may file with the Committee a written request for a hearing before the Committee, which shall be held within twenty (20) days after receipt of such request. The Committee shall render its decision within fifteen (15) days of such hearing and shall send a copy of its decision setting forth the reasons and evidence relied on to 3 the Superintendent. The Committee's decision shall be based on the evidence presented at the hearing. Such hearing may be in executive or public session, at the option of the Superintendent. The Superintendent shall have the right to her own counsel at the Superintendent's own expense. Section 4: Evaluation The Committee shall annually evaluate the Superintendent's performance. The evaluation tool to be utilized by the parties shall be the Commonwealth of Massachusetts' Evaluation Form. Subject to the Superintendent’s evaluation, the Superintendent shall be eligible for: • A two (2%) percent merit increase if the Superintendent achieves an overall performance rating of “Proficient” on the Educator Evaluation. • A three (3%) percent merit increase if the Superintendent achieves an overall performance rating of “Exemplary” on the Educator Evaluation. Section 5: Compensation The Superintendent shall be paid an annual salary of not less than $175,992.50 with a one (1%) percent cost of living increase in year two of the Superintendent’s contract. Section 6: Severance Clause At the time of the Superintendent's retirement, death, termination, the Superintendent or her estate will receive 100% of all accrued vacation and 1/3 (33 1/3%) payment of all unused sick leave, subject to a $20,000.00 severance payout cap. The Superintendent has previously accrued 196 sick days entitling her to a payment, at the time of the Superintendent's retirement, resignation, non-renewal of contract, or death of $35,010.13 for accrued sick leave, which shall not be subject to the $20,000 maximum payment for unused sick leave. This provision shall not apply to a for cause termination as set forth in section 3B. Section 7: Other Benefits A. Reimbursement for Expenses: The Committee shall reimburse the Superintendent for all expenses reasonably incurred in the performance of her duties under this Agreement in accordance with the laws of the Commonwealth of Massachusetts, the laws of the United States of America, and local laws and regulations. Such expenses shall include, but shall not be limited 4 to, costs of attendance at appropriate local, state, and national meetings. The Superintendent shall also receive a monthly travel allowance of Three Hundred Dollars ($ 300.00) in lieu of a mileage reimbursement. Said reimbursement shall not be construed as placing the Superintendent in the performance of her duties (i.e. acting within the scope of her employment), while traveling to and from work. During such travel time, her employment relationship is suspended for the purposes of compensation, including but not limited to regular compensation and workers' compensation. B. State Retirement Association: The Superintendent shall be a member of the Massachusetts Teachers' Retirement System as required by M.G.L. Chapter 32, §2. C. Fringe Benefits: The Superintendent shall be entitled to all insurance (medical, hospital, disability and life) benefits and all other fringe benefits currently available to teachers, such benefits not to reduce benefits expressly provided for in this Agreement or to be agreed upon in the future. The Committee and the Superintendent may agree to alter components of these benefits or to add benefits not currently available to professional personnel. D. Annual Vacation: On July 1st of each year of this agreement, the Superintendent shall receive twenty-five (25) working days as annual vacation, exclusive of legal holidays and may cumulate up to sixty days. The Superintendent shall be entitled to carry over a maximum of twenty (20) unused vacations days from the previous year. The Superintendent may request and the Committee may allow, in writing a carry over of unused vacation days beyond the twenty (20) carry over days. E. Personal Days: The Superintendent shall be granted three (3) personal days per contract year. No accumulation of personal days exists under this Agreement. F. Sick Leave: On July 1st of each year of this agreement, the Superintendent shall be entitled to sick leave in an amount equal to, but not in excess of twelve (12) days of sick leave for each year of this Agreement and any extension hereunder. Unused sick leave shall be cumulative. Upon taking office the Superintendent shall immediately be entitled to twelve (12) days. The Superintendent shall be eligible for extended sick leave benefits as are presently available to administrators and as such benefits may be amended from time to time. 5 G. Bereavement: The Superintendent shall be entitled to five (5) days of bereavement pursuant to the same terms and conditions currently available to teachers and administrators. H. Professional Dues: The Committee shall pay all dues and associated costs of membership in: Massachusetts Association of School Superintendents; A.A.S.A; A.S.C.D; M.A.S.C.D. and the Superintendent's Roundtable. Section 8: Performance The Superintendent shall fulfill all aspects of this Agreement. Any exceptions thereto shall be memorialized in a written, mutual agreement between the Committee and the Superintendent. Section 9: Entire Agreement This Agreement embodies the whole Agreement between the Committee and the Superintendent and there are no inducements, promises, terms, conditions, or obligations made or entered into by either party other than those contained herein. The Agreement may not be changed except by a written amendment. Section 10: Indemnification The Committee hereby represents that the City of Lowell is bound by the provisions of Sections 9 and 13 of Chapter 258 of the General Laws, which provides that the City shall indemnify and save harmless municipal officers, elected or appointed, from personal financial loss and expense including reasonable legal fees and costs, if any, in an amount not to exceed One Million Dollars, arising out of any claim, demand, suit or judgment by reason of any act or omission, except an intentional violation of civil rights of any person, if the official at the time of such act or omission was acting within the scope of his official duties or employment. Section 11: Invalidity If any paragraph or part of this Agreement is invalid, it shall not affect the remainder of said Agreement, but said remainder shall be binding and effective against all parties. 6 Section 12: Certification The Superintendent shall furnish and maintain throughout the term of this Agreement a valid and appropriate certificate qualifying her to act as Superintendent of the Commonwealth under Massachusetts General Laws and Code of Mass Regulations. Section 13: Notice A. All notices under this Agreement which are required to be delivered by the Superintendent to the Committee shall be delivered to each member of the Committee either in hand or by mail to the Committee members last and usual place of abode. B. A copy of all notices shall be delivered or mailed to the City Solicitor, Law Department, 3rd Floor, City Hall, 375 Merrimack Street, Lowell, MA, 01852. C. All notices required to be delivered to the Superintendent by the Committee shall be delivered to her by leaving said notice at the Office of the Superintendent of Schools, Henry J. Mroz Administration Office, Edith Nourse Rogers School, 43 Highland Street, Lowell, MA, 01852 or by mail postage prepaid to the Office of the Superintendent of Schools, same address. This Agreement shall not grant the Superintendent tenure. In witness whereof, the parties have signed and sealed this Agreement and a duplicate and triplicate thereof this ________ day of ____________, 2014. City of Lowell School Committee ______________________________ ______________________________ Jean Franco Superintendent of Schools ______________________________ ______________________________ 7  ______________________________ APPROVED AS TO FORM: ______________________________ ______________________________ ______________________________ Christine P. O’Connor City Solicitor ______________________________ Contract/school/franco14-16 8  Lowe ll Public Schools LOW ELL PUBLIC SCHOOLS 43 Highland Stree t Phone: (978) 674-4320 Lowe ll, Massachuse tts 08152 Assistant Superintendent Claire Abrams: Contract Amendment To: Members of the Lowell School Committee From: Lowell Public Schools Agenda Item: 2014 / 250 Recommendation: Background: Attachments: Abrams Amendment  AMENDMENT #4 The AGREEMENT made and entered into the 4th day of October, 2011, by and between the SCHOOL COMMITTEE of the CITY OF LOWELL, hereinafter referred to as “COMMITTEE”, and MARY C. ABRAMS, hereinafter referred to as the ASSISTANT SUPERINTENDENT FOR CURRICULUM, INSTRUCTION AND ASSESSMENT is hereby amended as follows: By virtue of this Amendment the termination date of said Agreement shall now be July 31, 2014. All other terms and conditions in said Agreement shall remain as set forth in the original Agreement No. 29539 and Amendment #1, #2 & #3. Dated:________ APPROVED: . _________________________ By________________________________ Jean M. Franco Mary C. Abrams, Asst. Superintendent Superintendent of Schools for Curriculum, Instruction and Assessment APPROVED AS TO FORM: __________________________ ___________________________________ Christine P. O’Connor City Solicitor ___________________________________ ___________________________________ ___________________________________ amend ___________________________________ ___________________________________ School Committee