95
AGENDA ITEM BACKGROUND
TO: GOVERNING BOARD
DATE
FROM: Trustees Banks, Smith and Ziel
June 10, 2013
SUBJECT:
Award of Contract: Superintendent/President
REASON FOR BOARD CONSIDERATION
ACTION
ENCLOSURE(S)
Page 1 of 17
ITEM NUMBER
F.4
BACKGROUND:
The Board met with five candidates for Superintendent/president of Cabrillo College on May 23rd and 24th,
2013. The Board deliberated on May 24th into the evening after the last interview, then ranked the
candidates and designated a preferred candidate with whom to negotiate a contract.
Chair Spencer then appointed an ad hoc contract terms sub-committee comprised of Trustees Banks, Smith
and Ziel to draft and attempt to negotiate a proposed form of employment contract with the preferred
candidate. The contract terms subcommittee drafted a proposed contract and provided it to the preferred
candidate, Laurel Jones, for consideration.
The contract terms sub-committee then met with candidate Jones on June 3, 2013 to negotiate and reached
agreement. The agreed contract terms were reduced to writing on June 4th.
The Brown Act [subd. (b)(1) of GC § 54957] authorizes the Board to meet in closed session to consider the
appointment of the President/Superintendent. Subd. (b) (4) of § 54957 however provides that such closed
sessions shall not include discussion or action on proposed compensation (except related to discipline).
Subdivision (a) of § 54957.6 says that regardless of any other law, the Board may hold closed sessions with
the Board’s designated representatives regarding the salaries or compensation paid in the form of fringe
benefits to unrepresented employees. The contract terms sub-committee is the Board’s designated
representative. Subd. (a) of § 54957.6 provides that closed sessions held pursuant to this section shall not
include final action on the proposed compensation of unrepresented employees. The
President/Superintendent is an unrepresented employee. The Board will therefore vote on the
President/Superintendent’s final contract, including compensation in open session.
FISCAL IMPACT: As stated.
RECOMMENDATION: The ad hoc contract terms subcommittee comprised of trustees Banks, Smith and
Ziel therefore recommends the attached contract which is hereby submitted to the entire Board by the
Committee for deliberation and decision.
Administrator Initiating Item:
John Hendrickson
Academic and Professional Matter
If yes, Faculty Senate Agreement
Senate President Signature
 Yes  No
 Yes  No
Final Disposition
96
SUPERINTENDENT AND PRESIDENT EMPLOYMENT CONTRACT
Cabrillo Community College District
Aptos, California
This Contract by and between the Cabrillo Community College District (hereinafter the
"District") and Dr. Laurel Jones (Superintendent) is made and entered into effective when
approved and signed by the Board and Superintendent
RECITALS
WHEREAS, The District’s negotiator on behalf of the College and the Superintendent
have reached oral agreement on terms and conditions of employment, and
WHEREAS, the statutory authority for this Contract is § 72411 of the California Education
Code.
WHEREAS, the District and Superintendent desire to reduce their agreement to writing
and provide Superintendent with a written employment Contract; and
NOW THEREFORE, Board and Superintendent, for the consideration herein
specified, agree as follows:
1.
TERM
The District agrees and hereby employs Laurel Jones as Superintendent and President of
Cabrillo Community College District for the period commencing July 15, 2013 and ending at the
close of business on July 30, 2016 or such later year to which the term hereof may have been
extended by amendment of this Contract. The term of this Contract may be extended by mutual
agreement upon terms and subject to conditions mutually agreed by the Superintendent and the
District.
No later than November 1, 2015, Superintendent shall inform the Board in writing of the
dates and deadlines for renewal of the Contract contained in Section 72411 of the California
Education Code. Such renewal or non-renewal shall be at the sole discretion of the Board of
Trustees and the Superintendent, acting with or without cause.
2.
WORK SCHEDULE:
The District offers and the Superintendent accepts said employment and agrees to give
her best services to the District and carry out the duties assigned to her by the Board faithfully
and to the best of her ability.
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2.1
Hours
The Superintendent shall render twelve (12) months of full and regular service to the
District. Superintendent and District agree that the demands of the position of Superintendent
will require more than eight (8) hours a day and/or forty (40) hours per workweek. The
Superintendent and District agree that Superintendent is not entitled to receive overtime or
additional compensation therefore. Superintendent is an exempt employee is ineligible for
overtime pay and for compensatory time off.
2.2
Vacation
Superintendent shall accrue two days of vacation with pay for each full month of
employment during the term of this Contract. Superintendent shall also be entitled to all
holidays provided in the California Education Code and any additional local holidays granted by
the Board to 12-month administrative employees.
Superintendent may accrue vacation days up to a maximum of forty-eight (48) days
based on her service as Superintendent pursuant to this Contract. Once Superintendent reaches
this maximum amount, she shall not accrue additional vacation benefits until her balance falls
below the maximum 48 day amount. Upon termination or expiration of this Contract,
Superintendent shall be entitled to compensation for unused and accrued vacation days at her
then-current base salary rate for no more than the 48 days of unused vacation that may be
accrued under this Contract. All vacation time must be scheduled in advance and approved by
the Board's Chair. During the fiscal year of Superintendent’s retirement or resignation, accrued
vacation in excess of 36 days must be used and will not be paid.
2.3
Sick Leave
Superintendent shall accrue one day of sick leave for each full month of employment
during the term of this Contract. Superintendent shall receive credit for sick leave accrued under
California Education Code § 87782 and any regulations promulgated thereunder. The amount of
accrued leave transferred to the Cabrillo District from Superintendent’s prior employer shall the
amount certified by Superintendent’s prior employer pursuant to applicable law. Unused
accrued sick leave shall not be compensated upon termination or expiration of this Contract.
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3.
COMPENSATION
3.1
Salary
For and in consideration of the Superintendent's time and satisfactory performance of the
duties required of the Superintendent, the District shall pay to the Superintendent a yearly salary
of Two Hundred Fifteen Thousand Dollars ($215,000.00) paid monthly in the same manner as
other management employees.
The Board shall review the Superintendent’s salary and benefits annually according to
District and Board Policy. The Superintendent shall inform the Board annually of this review
schedule. Any change in salary shall amend this Contract but shall not be construed as entering
into a new contract or extending the termination date of this Contract.
Any adjustment to the Superintendent's salary shall be based on the Board's evaluation of the
Superintendents performance and the District's financial condition. If, during any time period
covered by this Agreement, the District refrains from conferring upon the administrative staff
wage increases and step increases due to the District's financial condition, the Superintendent’s
salary shall not be increased during the same period.
3.2
Benefits
The Governing Board shall provide the Superintendent with a benefit package which is
consistent with and has a maximum monthly cost equal to the maximum monthly cost of the
fringe benefit package provided all other academic management personnel, except as otherwise
may be set forth in this Contract. Superintendent shall be provided a $250,000 life insurance
policy paid for by District and otherwise the same or similar as that provided to other employees.
3.3
Automobile
The Superintendent shall receive an expense allowance of $550.00 per month as full
reimbursement for use of the Superintendent's personal vehicle for District business within the
District. Except for Superitendent’s vehicle when this Contract is signed, Superintendent’s
vehicle shall be: a) 4-door; b) automatic transmission; c) 5 years old or less. Any new vehicle
shall be purchased and serviced by a dealer or service facility located within the District to
qualify for this expense allowance. Any non-business vehicle use shall be taxable under IRS
guidelines. Reimbursement amounts paid under the vehicle reimbursement program shall
constitute full reimbursement for any personal vehicle use for in District business.
Out of District automobile travel will be reimbursed from the District boundary at the
IRS rate or as otherwise provided by District policy. Superintendent shall maintain automobile
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liability insurance naming the District as an additional insured with liability limits of not less
than one million dollars. Superintendent shall provide district with evidence of such insurance
coverage.
3.4
In District Expenses
The District shall pay the Superintendent Six Hundred Twenty-Five Dollars ($625.00) each
calendar month during the term of this Contract to reimburse Superintendent for such business
expenses as she may incur in connection with District business, but excluding business or other
travel-related expenses (e.g., hotel and airfare costs) on District business outside the District.
This allowance shall be paid as salary. The District shall have no obligation to reimburse the
Superintendent for business expenses that she incurs in excess of Six Hundred and Twenty-Five
Dollars ($625.00) in a single calendar month.
3.5
District Credit Card
The District will provide Superintendent with a District credit card and pay the annual fee
for said credit card. Said credit card may be used only for District business. It shall not be used
for non-district or personal uses. Credit card statements shall be reviewed and approved in
writing monthly by the Chair of the Governing Board. Credit card statements shall be
maintained in the College’s Business Office for 24 months.
3.6
Reimbursements
3.6.1
Out of District Expenses
The District shall reimburse the Superintendent for actual and reasonable expenses
incurred out of the District by the Superintendent within the scope of employment if such
expenses are permitted by express District policy or incurred with approval the Board. All such
requests shall be in writing and supported by receipts. Requests submitted more than sixty days
after being incurred shall not be reimbursed. The Board may, in its sole discretion, approve the
reimbursement of any reasonable travel-related expense incurred by Superintendent on District
business outside the District upon written request either before or after such expenses are
incurred except that travel, lodging and related expenses incurred for travel more than 200 miles
from the District shall require prior written approval of the Board to be eligible for
reimbursement.
The Superintendent shall advise the Board in advance of professional meetings at local,
state, and national levels that she wishes to attend at District expense. In case of an urgent
attendance requirement, the Superintendent will notify the Chair of Governing Board.
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3.6.2
Professional Memberships
The District shall reimburse on behalf of Superintendent those professional memberships
required or authorized by the Board.
3.6.3
Community Memberships
The District shall pay on behalf of Superintendent those community memberships
required or authorized by the Board.
4.
REFERENCED INCLUSION.
Terms and conditions of employment in the applicable Management Employees
Handbook or Memorandum of Understanding, not inconsistent with the express terms of this
Contract, in effect during the term of this Contract are incorporated herein by reference as the
terms and conditions of employment under this Contract.
5.
NOTICE OF APPLICATION FOR EMPLOYMENT:
The President shall notify the Board Chair immediately if she submits an application for
employment in another district or in any other capacity. In addition, the President will notify the
Board Chair immediately should she become a finalist for employment in another district or in
any other capacity.
6.
DUTIES
The Superintendent shall be the chief executive officer of the District and shall act as
secretary to the Board. As such, the Superintendent shall have the primary responsibility for
execution of District Board policy. The Board shall retain the sole responsibility for setting such
a policy within AB 1725 parameters and the collective bargaining agreements.
The Superintendent shall have all powers, duties and responsibilities conferred upon the
Superintendent of the District by the laws of the State of California and the rules and regulations
of the Board of Governors of the California Community Colleges, and all powers, duties and
responsibilities conferred by the Board of Trustees consistent with the laws of the State of
California and District policy. The Superintendent will also perform the duties prescribed in the
District’s Superintendent job description on file with the District, and all duties prescribed orally
or in writing by the Board acting as a body, including those duties outlined in written
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performance goals and objectives. The Superintendent shall be responsible for executing the
District policies as set forth by the Board; for communicating regularly and effectively with the
Board concerning all matters affecting the District; and for effectively and positively
representing the District in all District, community, and civic activities.
The Superintendent shall participate actively in community organizations, including but
not limited to those representing the District's diverse community, and take part in activities
intended to maintain or improve staff morale or cohesiveness. The Superintendent shall have the
primary responsibility for recommendation and execution of Board policy, whereas the Board
shall retain the primary responsibility for formulating and adopting said policy. The
Superintendent shall be responsible for organizing, reorganizing and arranging the administrative
and leadership staff, including instruction, student services, personnel and business affairs,
which in the Superintendent’s judgment best serve the District. The Superintendent shall have
such responsibility in all personnel matters or as otherwise delegated pursuant to Board policy,
including selection, assignment, evaluation, transfer, and dismissal of employees, subject to
approval of the Board, and in compliance with all applicable laws, policies and regulations.
If a job description is developed or revised, the development or revisions shall be done by
mutual agreement between the Board and the Superintendent. The Superintendent shall be the
Board's Chief Executive Officer. The Superintendent shall have those powers and duties, which
are delegated to her by the Board. The Board and individual members agree neither to interfere
with nor to usurp the responsibilities of the Superintendent to manage and operate the District.
She shall execute all powers and duties in accordance with the directives of the Board, the
policies and regulations adopted by the Board, federal laws and the laws of the State of
California.
In addition to powers and duties set forth in Education Code, the Superintendent/
President shall have those powers and duties which are delegated to her by the Board pursuant to
Subdivision (d) of section 70902 of the Education Code.
In particular and not by way of limitation the Superintendent shall:
1) periodically review all policies adopted by the Board and make appropriate recommendations for
changes to the Board;
2) prepare and maintain the agenda, minutes, and records of all Board meetings and handle
correspondence of the Board, in accordance with procedures adopted by the Board;
3) direct, coordinate, and provide overall leadership for all the programs of the District including
curriculum, instruction, supervision, finance, business administration, resource development,
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maintenance and operations, student personnel, academic and classified personnel, administration
and collective bargaining;
4) provide for the development and improvement of physical facilities within resource limitations;
5) evaluate or cause to be evaluated employees as provided for by California law and Board policy;
6) provide leadership in securing all possible sources of funds, public and private, that might be
available to augment present or contemplated District programs;
7) supervise preparation of the annual budget, submit the budget to the Board and administer
expenditures with the budget;
8) provide for continued accreditation status;
9) provide for membership in appropriate agencies and associations;
10) endeavor to maintain and improve her professional competence;
11) represent the District and the College in the community and establish and maintain an appropriate
community relations program;
12) serve as liaison between the Board and the Board’s designated representative with respect to all
employer-employee relations matters;
13) enter into contracts (or designee) for and on behalf of the District pursuant to Education Code
section 81655;
14) provide for preparation and submission of all reports required by local, state, and national
agencies;
15) provide leadership in planning for the future;
16) attend appropriate professional meetings; and
17) work toward building positive and cooperative relationships among campus constituencies.
7.
PROHIBITION OF OTHER COMPENSATED ACTIVITIES.
Superintendent shall devote all of her professional time, ability, and attention to the
District business during the term of this Contract. Following consultation with the Board,
Superintendent may engage in outside activities provided, in the sole and exclusive
determination of the Board, they in no way materially interfere with her duties as
Superintendent. However, the expenditure of reasonable amounts of time not in conflict with
District needs and interests for educational, charitable, or professional activities shall not be
deemed a breach of this Contract and shall not require prior consultation with the Board. The
Superintendent may not undertake for consideration outside professional activities, including,
but not limited to, consulting, speaking and writing, The Superintendent shall comply with the
rules and regulations of the College and shall not be paid for teaching work in addition to salary
as Superintendent.
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The Superintendent shall not undertake outside professional activities for remuneration or
other consideration, including, without limitation consulting, speaking or writing during the term
of this Contract. Pursuant to, et seq, the Superintendent agrees not to engage in any other
employment, activity, or enterprise, whether or not for remuneration, that is inconsistent,
incompatible, in conflict with, or inimical to the Superintendent's duties, functions or
responsibilities.1
Superintendent shall not directly or indirectly, use, promise, threaten or attempt to use,
her authority, or influence, whether then possessed or merely anticipated, to confer upon or
secure for any individual person, or to aid or obstruct any individual person in securing, or to
prevent any individual person from securing, any position, nomination, confirmation, promotion,
or change in compensation or position within the District upon consideration or condition that
the vote or political influence or action of such person or another shall be given or used in behalf
of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition or
consideration. This prohibition shall apply to urging or discouraging the individual employee's
action.2
Superintendent shall not directly or indirectly, solicit a political contribution from an
officer or employee of that agency, or from a person on an employment list of that agency, with
knowledge that the person from whom the contribution is solicited is an officer or employee of
the District, except Superintendent may request political contributions3 from officers or
employees of the District if the solicitation is part of a solicitation made to a significant segment
of the public which may include officers or employees of the District.4
Superintendent shall not directly or indirectly, offer or arrange for any increase in
compensation or salary for an employee of District in exchange for, or a promise of, a
contribution or loan to any committee controlled directly or indirectly by the person who holds,
or who is seeking election or appointment to an office.5
8.
ARTICLE 8 PERFORMANCE OBJECTIVES AND EVALUATION
The Superintendent and Board shall meet to confer on annual or biennial objectives and
metrics for evaluation. All consensus objectives and metrics shall be in writing and shall serve as
1
California Government Code § 1126
California Government Code § 3204
3
As defined in California Government Code § 82015
4
California Government Code § 3205
5
California Government Code § 3205.5
2
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the basis for the annual evaluation of the Superintendent. The Superintendent's objectives shall
be based on the duties and responsibilities set forth in this Contract and any other duties
mutually agreed upon by the parties.
9.
LIABILITY FOR TAXES:
Notwithstanding any other provision of this Contract or contracts or agreements
referenced herein, the District shall not be liable (except in cases of District errors or omissions)
for any state or federal tax consequences to the Superintendent, any designated beneficiary
hereunder, the heirs, administrators, executors, successors, and assigns of the Superintendent.
The Superintendent shall assume sole liability for any state or federal tax consequences of this
Contract or any related contract or agreement and agrees to indemnify and hold the District
harmless from such tax consequences.
10.
CONFLICT OF FINANCIAL INTEREST
Superintendent is subject to the disclosure and other provisions of the District's Conflict
of Interest Code whether or not her position is specifically enumerated therein. Superintendent
will avoid any situation that may constitute a conflict of financial interest and will disqualify
herself from participating in decisions or the making of any contract in which she has a financial
interest. Conflicts of interest may relate not only to Superintendent but also to her family and
business associates, or transactions between the District and Superintendent, including
employment of or contracts with relatives, friends, and business associates by the District.
11.
MEDICAL EXAM
The Superintendent shall have a comprehensive medical examination within 90 days of
executing this Contract and then every year or whenever requested by action of the Governing
Board. The examination shall be conducted by a physician chosen by the Superintendent. The
District shall pay the cost of said examination, if any. The Superintendent shall provide a written
description on her duties and responsibilities to the examining physician prior to the
examination. The examining physician shall, in writing, inform the Governing Board whether
there are any functional limitations with respect to the Superintendent's ability to perform her
duties and responsibilities as Superintendent set forth in her job description. This communication
between the physician and the Governing Board shall be confidential, and any discussion thereof
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shall only be held in closed session. The Governing Board shall not release said information
except as otherwise permitted by the Confidentiality of Medical Information Act6.
The Board retains the right to require the Superintendent to undergo additional medical
examinations by a physician of the Board's choice. The District shall pay the cost(s) of said
examination(s). The scope of said examination(s) shall be limited solely to whether there are any
functional limitations with respect to the Superintendent's ability to perform her duties and
responsibilities as Superintendent as set forth in her job description. Any communication
between a Board-appointed physician and the Board shall be confidential, and any discussion
thereof shall only be held in closed session. The Governing Board shall not release said
information except as otherwise permitted by the California Confidentiality of Medical
Information Act.
12.
TERMINATION OF EMPLOYMENT
12.1
Termination by Mutual Agreement.
This Contract may be terminated before its expiration by mutual agreement of the parties.
In such case the terms and conditions of separation shall be by agreement of the parties.
12.2
Termination by Superintendent Resignation.
The Superintendent may resign from her employment with the District upon a thirty (30)
day written notice prior to the effective date of resignation. In such event, the Superintendent is
entitled to accrued and unpaid vacation but not accrued and unpaid sick leave.
12.3
Termination by Board With Cause.
The Board may terminate this Contract any time for cause including, but not limited to,
any ground enumerated in the Education Code, or the Superintendent's failure to perform her
duties and responsibilities as set forth in this Contract, as defined by law, or as specified in the
Superintendent's job description. The Board shall not terminate this Contract until the following
process has been completed:
(1)
(2)
A written statement of the grounds for termination has been provided to the
Superintendent
Unless otherwise provided by law, the Superintendent may appear before the
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(3)
(4)
(5)
(6)
(7)
(8)
12.4
Board in a closed session meeting to respond to the statement of the grounds
for termination
Such meeting shall not take place any earlier than 15 working days and no
more than 45 working days from the Superintendent’s receipt of the written
statement of the grounds for termination
The Superintendent may be represented at the meeting by an individual of the
Superintendent's choice and at the Superintendent’s sole expense;
The Superintendent shall be notified of the Board's decision in writing and
provided a copy of its decision in writing; and
Unless otherwise provided by law, any action shall be confidential unless
waived in writing by the Superintendent.
If the Board decides to terminate the Contract for cause, the Superintendent
shall not be entitled to any further procedural protections, and
Upon issuance of its decision, the Superintendent shall immediately cease to
receive the compensation and benefits set forth in this Contract.
Conviction of a Crime
Notwithstanding any provision to the contrary, Superintendent shall reimburse to the
District any and all leave salary which may be paid to Superintendent pending any investigation
of the employment related conduct of Superintendent if the Superintendent is convicted of a
crime involving an abuse of his or her office or position as defined in Government Code §
53243.4.7
Notwithstanding any provision to the contrary, Superintendent shall reimburse the
District any and all funds provided for the legal criminal defense of the Superintendent if
Superintendent is convicted of a crime involving an abuse of her office or position as defined in
Government Code § 53243.4.8
Notwithstanding any provision to the contrary, Superintendent shall reimburse the
District any and all cash settlement provided to Superintendent which is related to the
termination of that Superintendent if Superintendent is convicted of a crime involving an abuse
of her office or position as defined in Government Code § 53243.4.9
7
California Government Code § 53243
California Government Code § 53243.1
9
California Government Code § 53243.2
8
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Notwithstanding the absence of any provision to the contrary, Superintendent shall
reimburse the District for any and all payments provided for the purposes set forth in
Government Code § 53243 et seq. if the Superintendent is convicted of a crime involving the
abuse of her office or position as defined in Government Code § 53243.4.10
Notwithstanding any provision to the contrary, the maximum cash settlement
Superintendent shall receive for termination of her contract shall be an amount not exceeding the
monthly salary of the Superintendent multiplied by the number of months left on the unexpired
term of the contract. However, if the unexpired term of the contract is greater than 18 months,
the maximum cash settlement shall be an amount not exceeding the monthly salary of the
Superintendent multiplied by 18. Such cash settlement shall not include any other non-cash
items except health benefits, which may be continued for the same duration of time as covered in
the settlement, pursuant to the same 18 month time limit, or until the Superintendent finds other
employment, whichever first occurs. 11
12.5
Termination by Death
Superintendent’s death terminates this Contract immediately. In such event, all salary,
vacation or other monetary amounts due to Superintendent at the time of death shall be paid to
Superintendent’s devisees.
12.6
Termination by Disability
Should Superintendent be unable to serve in her position due to any disabling physical or
mental condition, upon expiration of Superintendent’s sick leave entitlement, and upon written
evaluation by a licensed physician designated by the District in the appropriate specialty
indicating the inability of Superintendent to further perform the essential functions of her
position with or without reasonable accommodation pursuant to the American With Disabilities
Act (“ADA”), then this Contract may be unilaterally terminated by the District. If
Superintendent disagrees with the determination by the District’s licensed physician, she shall
have the right, at her expense, to consult with a licensed physician in the particular specialty to
assess such disabling physical or mental condition. In the event of a disagreement between said
physicians, either party may refer the matter for binding arbitration to Arbitration as provided
below. If such disability is established, Superintendent shall be entitled to any long-term
disability benefits to which she is entitled, but shall not be entitled to a buy-out of her contract
and the termination shall be considered with cause.
10
11
California Government Code § 53243.3
California Government Code §§ 53260, 53261
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12.7
Termination by Board Without Cause
Regardless of any other provision of this Contract, the Board may terminate this Contract
without cause by providing the Superintendent with a written notice of termination. If the Board
terminates this Contract during its term without cause, the Superintendent shall receive forty-five
(45) days written notice of such termination. If the Board elects to terminate this Contract during
its term without cause, the Superintendent shall receive an amount equivalent to twelve (12)
months of salary, payable monthly and health, dental, optical benefits, etc. or an amount equal to
the salary and health, dental and optical benefits remaining on the contract, whichever is less.
Any such without cause termination shall require an affirmative vote of four members of
the Board. Superintendent shall be paid all salary and vacation benefits due for the remainder of
the term of this Contract. Health benefits shall cease upon her obtaining other employment.
Offset against the twelve (12) months of salary shall be any amount of compensation that
Superintendent earns or receives from other employment or as compensation for unemployment
during the 12 months succeeding cessation of employment.
12.8
(1)
(2)
(3)
Maximum Cash or Non-cash Settlement.
Upon termination of this Contract for any reason, no cash settlement may be made
which exceeds the salary remaining under the Contract, or salary for 18 months,
whichever is less. This amount shall not be construed as a guarantee or minimum
entitlement to a cash settlement.12
Upon termination of this Contract, no cash or non-cash settlement exceeding six
months amount shall be paid if the District believes and later confirms, pursuant to
an independent audit that the Superintendent has engaged in fraud, misappropriation
of funds or other illegal fiscal practices. This amount shall not be construed as a
guarantee or minimum entitlement to a cash settlement13.
Such cash or noon-cash settlements for cause shall not include any other non-cash
items except health benefits under this Contract for any reason. No non-cash benefit
may be conferred in settlement except for the employer-paid health benefits, which
may be provided for a period not to exceed the monthly period by which any cash
settlement is measured. In any event, employer-paid health benefits shall be
discontinued if the employee obtains other employment before the measuring period
12
Required by Subdivision (a) of California Government Code 53260
13
Required by Subdivision (b) of California Government Code 53260
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has expired.14
13.
MOVING EXPENSES
With appropriate documentation, the District shall pay for moving expenses, not to
exceed $7,500 based on the lowest of three bids obtained from moving companies, providing
Superintendent incurs and submits bills for such expenses and actually relocates and makes the
District her primary residence on or before January 31, 2014.
14.
ENTIRE CONTRACT
This writing contains the entire agreement of the Superintendent and District with respect
to the subject matter hereof and no promises or representation not contained herein have been
made by either party or induced either party to enter into this Contract. Upon its execution, this
Contract shall supersede all prior negotiations, understandings and agreements, whether oral or
written, and such prior agreements shall thereupon be invalid and without legal effect.
15.
MODIFICATION
This Contract cannot be, amended, altered or modified except in a writing signed by both
parties.
16.
APPLICABLE LAW
The rights and obligations of the parties, shall be governed by and construed in
accordance with the laws of the State of California. This Contract is subject to all applicable
state and federal laws and regulations, the Board's policies, rules and regulations, and the rules
and regulations of the Board of Governors of the California Community Colleges as now and
hereafter adopted. The parties also agree that, in the event of litigation, venue shall be the proper
state or federal court located in Santa Cruz, California (or San Jose, California if venued in
federal court.)
14
Required by California Government Code Section 53261
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Employment Contract
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17.
110
SEVERABILITY
If any provision of this Contract is held to be invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions of the Contract shall continue in full force and
effect.
18.
COUNTERPART ORIGINALS
This Contract may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute the same instrument. This Contract
shall not be effective until the execution and delivery between each of the parties of at least one
set of counterparts. The parties authorize each other to detach and combine original signature
pages and consolidate them into a single identical original. Any one of such completely
executed counterparts shall be sufficient proof of this Agreement.
19.
COVENANT TO MEDIATE AND ARBITRATE
All manner of causes of action, controversies, differences, claims or demands of any kind
relating to or growing out of this Contract of employment to a two-step dispute resolution process
administered by Judicial Arbitration & Mediation Services (hereinafter "J.A.M.S."). This two-step
process shall begin with mediation before a retired judge or justice from the J.A.M.S. panel followed,
if necessary, by binding arbitration before the same or another retired judge or justice from the J
.A.M.S. panel to be agreed upon. Superintendent and District hereby agree that any dispute, claim or
controversy arising out of the employment relationship between Superintendent and District,
including, but not limited to, alleged violations of this Contract, alleged violation(s) of federal, state
and/or local statutes, including those prohibiting harassment and discrimination, (Title VII of the
Civil Rights Act of 1964 as amended; The Age Discrimination In Employment Act; The Americans
With Disabilities Act; The Equal Pay Act, The Civil Rights Acts of 1866, 1871 and 1991; Title IX in
20 U.S.C. section 1681; The Rehabilitation Act of l983; The Fair Employment and Housing Act,
etc.) and any other claims, including alleged violations of any federal and/or state constitutional
provisions and of any provisions in the Education Code, which cannot be resolved through informal
and confidential discussions, shall be submitted to mediation, and if mediation is unsuccessful, to
binding arbitration before a neutral arbitrator. The parties to this agreement fully and completely
understand that the effect of this agreement will result in the waiver of any right to trial by jury that
may otherwise have been available to the parties absent this provision. With this understanding, the
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111
parties freely, knowingly and voluntarily enter into this agreement with knowledge of it
consequences including the waiver of trial by jury.
Any controversy, dispute or claim arising out of or relating to this Contract or breach
thereof shall first be settled through good faith negotiation. If the dispute cannot be settled
through negotiation , the parties agree to attempt in good faith to settle the dispute by mediation
administered by JAMS.
If the parties are unsuccessful at resolving the dispute through mediation, the parties
agree to binding arbitration administered by JAMS pursuant to its Employment Arbitration Rules
& Procedures and subject to JAMS Policy on Employment Arbitration Minimum Standards of
Procedural Fairness. Judgment on any Award may be entered in any court having jurisdiction.
20.
WAIVER
No waiver of any provision or consent to any action shall constitute a waiver of any other
provision or consent to any other action, whether or not similar. No waiver of consent shall
constitute a continuing waiver of consent or commit a party to provide a waiver in the future
except to the extent specifically set forth in writing. Any waiver given by a party shall be null
and void if the party requesting such waiver has not provided a full and complete disclosure of
all material facts relevant to the waiver requested.
21.
SIGNATURE
IN WITNESS WHEREOF, this Agreement is executed to be effective as of June 10,
2013.
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