BP 2121 — SUPERINTENDENT’S CONTRACT

Administration BP 2121(a)

SUPERINTENDENT’S CONTRACT

The Board of Education believes that the Superintendent's employment contract should
outline the framework through which the Board and Superintendent are to work together
to achieve District goals and objectives. When approving the Superintendent's employment
contract, the Board shall consider the need for stability in District administration and shall
ensure the best use of District resources.

(cf. 0200 - Goals for the School District)
(cf. 0460 – Local Control and Accountability Plan)
(cf. 2120 - Superintendent Recruitment and Selection)
(cf. 4312.1 - Contracts)
(cf. 9000 - Role of the Board)

The contract shall be reviewed by the District's legal counsel and may include the following:

1. Term of the contract, which shall be for no more than four years pursuant to Education
Code 35031

2. Length of the work year and hours of work

3. Salary, health and welfare benefits, and other compensation for the position

(cf. 4154/4254/4354 - Health and Welfare Benefits)

4. Reimbursement of work-related expenses, including mileage reimbursement,
consistent with board policies, regulations, and guidelines applicable to other
professional administrative staff

(cf. 3350 - Travel and Conference Expenses)

The contract may also address payment for professional dues and activities, the District's
provision of cell phones or other technological devices, and the Superintendent's use of
his/her personal vehicle.

(cf. 4040 - Employee Use of Technology)

5. Vacation, illness and injury leave, and personal leaves

(cf. 4161/4261/4361 - Leaves)
(cf. 4161.1/4361.1 - Personal Illness/Injury Leave)
(cf. 4161.2/4261.2/4361.2 - Personal Leaves)
(cf. 4161.5/4261.5/4361.5 - Military Leave)
(cf. 4161.8/4261.8/4361.8 - Family Care and Medical Leave)
 BP 2121(b)
SUPERINTENDENT’S CONTRACT (cont.)

6. Professional development

7. General duties and responsibilities of the position

(cf. 2110 – Superintendent of Schools: Responsibilities and Duties)

8. Criteria, process, and procedure for annual evaluation of the Superintendent

(cf. 2140 – Evaluation of the Superintendent)

9. A statement that any subsequent increase in the Superintendent’s salary shall be at
the sole discretion of the Board

10. A statement that there shall be no automatic renewal or extension of the contract,
although the Board can enter into a new contract with the Superintendent prior to the
expiration of the existing contract

11. Timeline for providing written notice to the Superintendent if the Board does not wish
to enter into a new contract, which shall be at least 45 calendar days in advance of
the expiration of the term of the contract pursuant to Education Code 35031, and the
responsibility of the Superintendent to remind the Board in writing and in a timely
manner of the requirement to give notice

(cf. 4112.9/4212.9/4312.9 – Employee Notifications)

12. Conditions and process for termination of the contract, including the maximum cash
settlement that the Superintendent may receive if the contract is terminated prior to its
expiration date

13. Matters related to liability and indemnification against demands, claims, suits, actions,
and legal proceedings brought against the Superintendent in his/her official capacity
in the performance of duties related to his/her employment

The Board may deliberate about terms of the contract in closes session at a regular
meeting. However, discussions regarding the salary, salary schedule, or other
compensation may occur in the closed session of a regular meeting only between the
Board and its designated representative(s), as permitted under Government
Code 54957.6 (the “labor exception”), for the purpose of reviewing the Board’s position
and/or instructing the designated representative(s) prior to or during bona fide
negotiations with the current or prospective Superintendent. Such deliberations shall not
be held during a special meeting. (Government code 54956, 54957, 54957.6)
 BP 2121(c)
SUPERINTENDENT’S CONTRACT (cont.)

The Board may consult with District legal counsel prior to holding a closed session with the
designated representative(s) to discuss compensation to be paid to the current or
prospective Superintendent.

(cf. 9320 - Meetings and Notices)
(cf. 9321 - Closed Session Purposes and Agendas)
(cf. 9321.1 - Closed Session Actions and Reports)

Terms of the contract shall remain confidential until the ratification process commences.

(cf. 9011 - Disclosure of Confidential/Privileged Information)

The Board shall take final action on the Superintendent's contract during an open session
of a regularly scheduled board meeting, and that action shall be reflected in the Board's
minutes. At that meeting, prior to taking action, the Board shall orally report a summary of
the recommendation for the final action on the Superintendent's salary or compensation in
the form of fringe benefits. (Government Code 3511.1, 53262, 54953)

Copies of the contract and other public records created or received in the process of
developing the recommendation related to the Superintendent's salary, benefits, and other
compensation shall be available to the public upon request. (Government Code 53262,
54953, 54957.6)

(cf. 1340 - Access to District Records)
(cf. 3580 - District Records)

TERMINATION OF CONTRACT

Prior to the expiration of the contract, the Board may terminate the Superintendent's
employment contract in accordance with law and applicable contract provisions.

In such an event, the maximum cash settlement that the Superintendent may receive
upon termination of the contact shall not exceed his/her monthly salary multiplied by the
number of months left on the contract or, the Superintendent's monthly salary multiplied
by 12, whichever is less. (Government Code 53260)

The cash settlement shall not include any noncash items other than health benefits, which
may be continued for the same duration of time as covered in the settlement or until the
Superintendent finds other employment, whichever occurs first. (Government Code
53260, 53261)

However, when the termination of the Superintendent's contract is based upon the Board's
belief and subsequent confirmation through an independent audit that the Superintendent
has engaged in fraud, misappropriation of funds, or other illegal fiscal practices, no cash
or noncash settlement of any amount shall be provided. (Government Code 53260)
 BP 2121(d)
SUPERINTENDENT’S CONTRACT (cont.)

In addition, if the Superintendent is convicted of a crime involving an abuse of his/her office
or position, he/she shall reimburse the District for payments he/she receives as paid leave
salary pending investigation or as cash settlement upon his/her termination, and for any
funds expended by the District in his/her defense against a crime involving his/her office or
position. (Government Code 53243-53243.4, 53260)

Legal Reference:
EDUCATION CODE
35031 Term of employment
41325-41329.3 Conditions of emergency apportionment
GOVERNMENT CODE
3511.1-3511.2 Local agency executives
6250-6270 California Public Records Act
53243-53243.4 Abuse of office
53260-53264 Employment contracts
54953 Oral summary of recommended salary and benefits of superintendent
54954 Time and place of regular meetings
54956 Special meetings
54957 Closed session personnel matters
54957.1 Closed session, public report of action taken
54957.6 Closed sessions regarding employee matters
UNITED STATES CODE, TITLE 26
105 Self-insured medical reimbursement plan; definition of highly compensated individual
UNITED STATES CODE, TITLE 42
300gg-16 Group health plan; nondiscrimination in favor of highly compensated individuals
CODE OF FEDERAL REGULATIONS, TITLE 26
1.105-11 Self-insured medical reimbursement plan
COURT DECISIONS
San Diego Union v. City Council (1983) 146 Cal.App.3d 947
ATTORNEY GENERAL OPINIONS
57 Ops. Cal. Atty. Gen. 209 (1974)

Management Resources:
CALIFORNIA SCHOOL BOARDS ASSOCIATION PUBLICATIONS
Superintendent Contract Template
ATTORNEY GENERAL PUBLICATIONS
The Brown Act: Open Meetings for Local Legislative Bodies, 2003
WEBSITES
California School Boards Association: www.csba.org
Association of California School Administrators: www.acsa.org
California Office of the Attorney General: www.oag.ca.gov

Chino Valley Unified School District
Policy adopted: September 21, 1995
Revised: August 21, 2008
Revised: October 4, 2018
Revised: February 6, 2020