New Supts - Dwk sunnyvale school district 2014 acsa supt symposium presentation fina...

This training is provided for educational, compliance and loss-prevention purposes only and, absent the express, prior agreement of DWK, does not create or establish an attorney-client relationship. The training is not itself intended to convey or constitute legal advice for particular issues or circumstances. Contact a DWK attorney for answers to specific questions.

© 2014 Dannis Woliver Kelley

Your First Superintendent Evaluation and Contract Renegotiation

ACSA Superintendents’ Symposium NEW SUPERINTENDENTS’ WORKSHOP

January 29, 2014

Presented by:

Benjamin Picard, SuperintendentSunnyvale School District

Gregory J. DannisDannis Woliver Kelley

© 2014 Dannis Woliver Kelley 2

PART I: Your First Superintendent Evaluation

Sunnyvale School District Practices

Evaluation:

• The Sunnyvale School District Superintendent evaluation process is driven by various documents.

• • The Governance Calendar establishes timelines.

(Handout)

• The employment contract establishes a date by which the evaluation must be completed (9/01 of each year) and outlines certain General Duties and Administrative Functions.



Evaluation (cont.):

• Board Policies also outline multiple criteria: vision, concepts & roles, governance standards and administrative discretion by which performance can be evaluated.

─ BP 2140 Evaluation of the Superintendent (Handout)─ BP 2121 Superintendent’s Contract (Handout)─ BP 2111 Superintendent Responsibilities and Duties

(Handout)

• And finally, most districts have a job description for the position of Superintendent.



Evaluation (cont.):

• Annual leadership goals developed around the Seven Correlates of Effective Schools and performance standards. (Handout)

─ It is the leadership goals and performance standards that form the basis of the evaluation for the Superintendent in Sunnyvale School District.

─ The leadership goals are developed annually by the Superintendent and cabinet and publically approved by the Board.



Evaluation (cont.):

─ The Superintendent is measured on a 5 point scale (0-4 with 0=Unsatisfactory and 4=Outstanding).

─ If the Superintendent performs in the Overall Assessment at a level 2 or Met Expectations the Board shall consider whether to extend the term of the employment for an additional year, with the effect that the remaining term after extension shall be three (3) years.

• Looking forward, the LCAP criteria could soon become an integral part of the evaluation process.


7 Correlates of Effective Schools


LCAP CRITERIA

1. Basic Services - Williams Audit

2. Common Core State Standards 3. Access to a Course of Study 4. Student Achievement 5. Other Student Outcomes6. Parent Involvement 7. Student Engagement 8. School Climate


PART II: Your First Superintendent

Contract Renegotiation

A. PROCESSB. PROVISIONSC. PERSON


A. PROCESS

•Clearly identify Board negotiator (e.g., President).

•Common understanding of Board negotiator role and authority.

•Who goes first?

•“Backwards map” time line to allow for timely and appropriate ratification date.


A. PROCESS

•Clarify ratification process:

─ Executive sessions (Board only)

─ Closed sessions (before, during or after written instrument)?

─ Ratification & Approval• Constraints on closed session discussion/action (e.g.,

setting compensation – Gov. Code 54957.6).

• Actual vote must occur in open session; no voting and reporting out from closed session (Gov. Code 53262.)


A. PROCESS

•Consider any “messages” Board and Superintendent may wish to convey in open session contract renewal and ratification.

─ Vote of Confidence.

─ Desire to keep Superintendent for long term.

─ Affirmation of Superintendent (and Board) initiatives and direction.

─ Transparency: Create entire contract document each renewal.


B. PROVISIONS

•TERM─ Extend duration (from 2-3-4 years)?─ Beware of evergreens!

•SALARY/BENEFITS─ Tie to evaluation (with Board action).─ Tie to other management employees.─ Cafeteria/125 Plan?─ Decreases/furloughs.─ TSAs, annuities, STRS/PERS – start thinking now

and check recent laws (PEPRA).


B. PROVISIONS

•VACATION

─ Cap on carryover.─ Cap on accumulation.─ Cap upon contract termination.─ Note: “Healthy lifestyle” issue for Board.


B. PROVISIONS

•EXPENSES

─ Flat amount.─ Receipts/reimbursement.─ Car allowance/mileage outside county.─ Attendance at professional meetings.─ Note: Public accountability/transparency issues

for Board.


B. PROVISIONS

• TECHNOLOGY: To facilitate Superintendent’s performance of duties.

• DUTIES:─ Personnel selection, organization and reorganization,

subject to Board approval (“The Board hires one employee and s/he hires and is accountable for the rest.”

─ Administrative: Policy, financial, budget, community relations etc.

• EVALUATION:─ Clear time lines.─ Articulated and prioritized criteria.─ Mid-year check-in?


B. PROVISIONS

• BOARD-SUPERINTENDENT RELATIONS:

─ Cooperation and teamwork (“the governance team”).

─ Board develops policy; Superintendent administers polices/the District.

─ Board power is collective only – “Individual Board members will not give direction to the Superintendent or any staff member regarding the management of the District or the solution of specific problems.”

─ Opportunity to discuss Board-Superintendent relations (e.g., twice annually).


B. PROVISIONS

• TERMINATION:

─ Be candid and clear! Set forth each basis and process separately.

─ Mutual consent.

─ Superintendent unilateral termination.• Notice time line.• Reimburse recruitment fees.• Unsolicited offers of employment.• Seeking employment.• When finalist? • Whom to contact?


B. PROVISIONS

•TERMINATION:

─ Non-renewal notice time line.─ For cause/breach of contract – Clear Process!─ Disability.─ Board unilateral termination (no cause).

• Buyout length: 6-9-12-18 months.• Lump sum payment or…?• Offset if other employment (public/private)?


B. PROVISIONS

•CHECK FOR NEW LAWS

─ PEPRA.─ Buyout amount (not yet).─ AB1344

• Automatic renewal and CPI.• Reimbursement for defense. • Leaves of absence.


C. PERSON

•Negotiations: A different interaction/relationship than normal.

─ Acknowledge and discuss any anxiety/awkwardness at the outset (Board negotiator should too).

•Clarify the process first.─ What are your obligations?─ What are the Board’s obligations?


C. PERSON

•Think first in terms of your values and interests, rather than proposals or demands.

─ Security (term).─ Family plans (compensation, benefits).─ Work/life balance (vacation).─ Long range goals (TSAs, retirement benefits).─ Work style/expectations (duties,

board/superintendent relations).


C. PERSON

• What you propose will inform the Board – fairly or not – what kind of person you are.

─ Reasonable and practical?─ Sense of fairness?─ Understands District politics and culture?─ Sensitive to realities of District?─ Knows how to prioritize/”pick the battles?”─ Can think about best interests of District and self

simultaneously and strike appropriate balance?


C. PERSON

YOUR FIRST SUPERINTENDENTCONTRACT RENEGOTIATIONS:

A BAROMETER OF THE LEVEL OF TRUSTEVOLVING BETWEEN

THE BOARD AND THE SUPERINTENDENT


THANK YOU!

Benjamin Picard, SuperintendentSunnyvale School District408-522-8200 ext. [email protected]

Gregory J. DannisDannis Woliver [email protected]

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