Employment agreenment

7/24/2019 Employment agreenment

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REDLINE VERSION

New language is Underlined

Deleted language in [Brackets and Strikethrough]

FIRST AMENDMENT TO

EMPLOYMENT AGREEMENTBetween

CLARK COUNTY SCHOOL DISTRICT BOARD OF TRUSTEESAnd

WILLIAM PATRICK SKORKOWSKY

THIS FIRST AMENDMENT to the July 18, 2013 Agreement of the Partiesisentered into as of the _____ day of ________, 2016 between the Board of School Trustees ofthe Clark County School District, (hereinafter Board); andWilliam Patrick Skorkowsky,(hereinafter Mr. Skorkowsky).

W I T N E S S E T H

WHEREAS, the Board and Mr. Skorkowsky entered into an employment agreementon July 18, 2013 (the Agreement); and

WHEREAS, the Board is contemplating the adoption of a new form of governanceand wishes said employment agreement to conform with such changes in governanceapproach; and

WHEREAS, Mr. Skorkowsky is willing to amend his employment agreement toincorporate potential changes in governance;

NOW, THEREFORE, the parties hereto agree to amend their employmentagreement (the First Amended Agreement) to reflect the changes set forth below:

I. REVISIONS.

Certain terms and conditions of the existing Employment Agreement shall be revised toread as follows and are intended to be effective upon approval of the parties:

2. Term.

a. Term of Service. The term of the Agreement shall [commence on June 4,2013 and conclude on] be extended to June 30, [2016] 2018. If the Board determines thatthis First Amended Agreement is not to be extended for an additional year beyond June 30,[2016] 2018, the Board shall give written notice of the same to Mr. Skorkowsky no later thanthe last business day of February, [2016] 2018. Absent such notice, Mr. Skorkowskys FirstAmended Agreement shall be deemed renewed for July 1, [2016] 2018 to June 30, [2017]2019. Subsequent annual renewals will likewise occur unless the Board gives the requisite

Mary Anne MillerFebruary 25, 2016

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written notice to Mr. Skorkowsky by the last business day of February, [2017] 2019 and eachsubsequent year thereafter.

b. Post-term. [If the original term of this Agreement expires] If this FirstAmended Agreement expires on June 30, 2018 and is not extended for at least two (2) more

years or the Board terminates this Agreement for convenience, Mr. Skorkowsky will beoffered a position in the District with title, seniority, compensation and benefits not less thanthose associated with the position he held immediately prior to becoming interimSuperintendent.

3. Duties.

a. Administration of the District. Mr. Skorkowsky shall beresponsible for and perform all acts and duties of the District Superintendent of Schoolsincluding, but not limited to the following:

(1) All duties and responsibilities of District Superintendent of Schoolsgenerally imposed by or implied from the Boards [Governance] Policies and the laws of theState of Nevada, including applicable laws, rules or regulations of the State or the District;and

(2) Service as the Chief Executive Officer.(3) All lawful directions of the Board, made at a duly noticed meeting of the

Board, which are in compliance with the Boards Policies.

b. Covenant of Confidentiality. Except as otherwise required byNevada law or order of a court of competent jurisdiction, Mr. Skorkowsky will notcommunicate to any person or entity any confidential document or information that may bereceived by him or come to his attention during the course of his employment with theDistrict except as necessary or appropriate to carry out his duties, the Boards directions andpolicies, and for the effective administration of the District. This covenant shall survive thetermination of this Agreement, and shall be enforceable, in addition to other remediesprovided by law or this Agreement, by injunctive relief issued by a court of competentjurisdiction.

c. Devotion of Time to the District. Mr. Skorkowsky shall devote allof his professional time, attention, knowledge, and skills solely and exclusively to thebusiness and interests of the Board and the District. Mr. Skorkowsky may, however,undertake such consulting work, speaking engagements, writing, lecturing or other activitiesas do not interfere with the discharge of his duties and responsibilities hereunder. Mr.Skorkowsky shall inform the Board of any such activities undertaken and the timecommitment associated therewith. Mr. Skorkowsky shall refrain from such above activitiesif the Board requests him to do so. The determination of the Board as to whether such otherwork interferes with the discharge of Mr. Skorkowskys duties and responsibilities hereundershall be conclusive.


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d. Adherence to the BoardsPolicies. The parties hereto agree thatthey are operating under the Boardscurrent [Governance] pPolicies developed [according tothe principles of Policy Governance] and adopted in compliance with Nevada law and thatthe Superintendent is accountable to the Board as a whole and not to individual members ofthe Board. Mr. Skorkowsky is not bound by any change in formal governance policy during

the term of his agreement unless such change is approved by him in writing. The Districtshall provide Mr. Skorkowsky with opportunities for appropriate training in the principles of[Policy Governance] any adopted governance policy.

e. Communication. Mr. Skorkowsky acknowledges and agrees thatit is his responsibility to keep the Board updated in a timely manner on developments,occurrences, and activities of the District on matters of public importance, matters impactingthe trustees duties and ability to establish policies, and matters which affect the financialsecurity or efficacy in meeting its mission.

5b(1). Compensationbenefits: Health Insurance Plan. The District will pay

the employerscontribution for Mr. Skorkowskys coverage and Mr. Skorkowsky will paythe employeescontribution for coverage for himself and any eligible dependents to becovered under the health insurance plan that Mr. Skorkowsky is currently eligible for. Mr.Skorkowsky is currently eligible for the benefit plan provided for under the NegotiatedAgreement between the Clark County School District and the Clark County Association ofSchool Administrators and Professional-technical Employees. This plan currently includesmedical, dental, vision, long-term disability insurance and long-term care. This plan alsocurrently includes two life insurance policies: one for $50,000.00 provided as part of theDistricts benefits package under the Negotiated Agreement between the Clark County

School District and the Clark County Association of School Administrators and Professional-technical Employees; and one for $100,000.00 provided by the Clark County Association ofSchool Administrators and Professional-technical Employees. In the event that the Districtmakes other insurance plans available to its employees, Mr. Skorkowsky may, at his election,be covered by such other plan(s) with no break in qualifying.

6. Evaluation of Performance.

This Board shall evaluate the performance of the District under Mr. Skorkowskys

administration at least once each year [as provided in the Board Governance Policies atBoard and Superintendent Linkage Number 5 (B/SL-5): Monitoring SuperintendentPerformance].

II.

PARAGRAPH 4 OF ORIGINAL AGREEMENT

The parties acknowledge that there was no designation of Paragraph 4 in the originalEmployment Agreement, and that such omission was inadvertent and does not impact themeaning of any term therein.

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III.BALANCE OF AGREEMENT STILL IN EFFECT.

All other parts of the Employment Agreement not expressly set forth above shall remainin full force and effect.

IN WITNESS WHEREOF,the parties hereto have duly executed this EmploymentAgreement as of the day and year first above written.

CLARK COUNTY SCHOOL DISTRICTAttest: BOARD OF SCHOOL TRUSTEES

By:________________________ By:________________________________Patrice Tew, Clerk Linda Young, President

SUPERINTENDENT OF SCHOOLS

By:_______________________________William Patrick Skorkowsky

Approved as to form:

STEVEN B. WOLFSONDISTRICT ATTORNEY

By:_______________________Mary-Anne MillerCounty Counsel


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