Assistant Superintendent for Administration

AMENDMENT TO THE EMPLOYMENT AGREEMENT between Ulster County BOCES and WARREN DONOHUE Assistant Superintendent for Administration

THIS AGREEMENT, made this 27th day of June, 2018 by and between the Board of Cooperative Educational Services for the Sole Supervisory District of Ulster County (hereinafter, the "Board" or "BOCES") and WARREN DONOHUE (hereinafter, the "Assistant Superintendent for Administration").

WHEREAS, the Board and the Assistant Superintendent for Administration are parties to an Employment Agreement dated the 22nd day of June, 2016; and

WHEREAS, said Agreement contains provisions for annual compensation, benefits and other terms and conditions of employment for the Assistant Superintendent for Administration; and

WHEREAS, the District Superintendent and Assistant Superintendent for Administration have conferred and agreed to amend the Employment Agreement; and

WHEREAS, the District Superintendent will recommend the amendments to the Board at their meeting of June 27, 2018; and

NOW, THEREFORE, the parties hereby amend the Assistant Superintendent for Administration employment agreement as follows:

1. The initial sentence of Section 2 shall be amended to read: "The terms of this agreement shall commence on July 1, 2018 through June 30, 2019.

2. Section 3 (a) shall be amended to read, ”For the period July 1, 2018 – June 30, 2019, shall be a total of $158,982 per annum and shall be payable in equal bi-monthly installments.

3. The foregoing amendments shall become effective immediately and continue in effect thereafter through the term of the Agreement, unless subsequently modified by the parties in writing.

4. All other provisions of the Agreement not specifically addressed herein shall remain in full force and effect.

5. A copy of this amendment as executed by the parties shall be affixed to the Employment Agreement.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above set forth.

Agreed to this 27th day of June, 2018.

BOARD OF EDUCATION COOPERATIVE EDUCATIONAL SERVICES

FOR THE SOLE SUPERVISORY DISTRICT ULSTER COUNTY

CHARLES V. KHOURY, Ed.D.
District Superintendent / Chief Executive Officer

WARREN DONOHUE
Assistant Superintendent for Administration

Agreement
BETWEEN

ULSTER BOCES

AND

WARREN M. DONOHUE

AGREEMENT made as of the 22nd day of June, 2016, between the, Ulster BOCES Board of Education (the District), New Paltz, NY, Ulster County, New York and, WARREN M. DONOHUE (the Assistant Superintendent for Administration) residing at Rock Tavern, New York.

WHEREAS, the Board desires to employ a Assistant Superintendent for Administration for the District and to foster a good working relationship with the Assistant Superintendent for Administration in the best interests of the District, and

WHEREAS, Warren M. Donohue desires to be in the employ of the Board as the Assistant Superintendent for Administration and to maintain such a relationship;

NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, IT IS AGREED as follows:

1) The District hereby appoints employs Warren M. Donohue as Assistant Superintendent for Administration for the District, and the Assistant Superintendent for Administration hereby accepts such employment and agrees to perform all of the services and duties of the Assistant Superintendent for Administration subject to the terms and conditions as hereinafter set forth.

2) The terms of this agreement shall commence July 1, 2016, through June 30, 2017. Such terms and conditions shall continue until modified by a successor contract. Nothing herein contained shall be deemed to restrict or encumber the District’s rights to either discipline or discharge the Assistant Superintendent for Administration to subject him to the applicable provisions of the Education Law of New York State, or to subject him to lay off and/or reorganization of the District’s administration. Should the District approve a reorganization that would result in the elimination of the Assistant Superintendent for Administration’s position, the Assistant Superintendent for Administration shall be provided with five (5) calendar months notice of such reorganization/position elimination.

3) Salary

a) The base salary of the Assistant Superintendent for Administration for the period July 1, 2016 – June 30, 2017, shall be of $153,186 per annum and shall be payable in equal bi-monthly installments.

b) The Assistant Superintendent for Administration’s salary for succeeding years shall be based on a performance evaluation according to Board Policy and regionally similar salaries. In no case shall the succeeding year’s salary be less than the base salary established in the year preceding the annual review unless required by law.

c) The District Superintendent shall review salaries annually of the various district administrators in equivalent positions, covered by the various Ulster County Administrators Contract and various BOCES contracts, as well as salaries for similar positions in other comparable districts. The District Superintendent shall advise the Board of Education as to the comparability of the Assistant Superintendent for Administration’s salary and the Board shall determine, in its sole discretion, and considering the recommendation of the District Superintendent, whether an increase in base salary is appropriate.

4) Duties

The Assistant Superintendent for Administration shall perform the duties of Assistant Superintendent for Administration in and/or for the public schools as prescribed by the State of New York and by the rules, regulations and job description approved by the District. The work year for this position is twelve months and, during such term, the Assistant Superintendent for Administration shall diligently perform all the duties, acts and services set out in the job description, as well as all of those which are customarily connected with such position together with such other duties, acts and services as may be directed by the District’s Board of Education, the District Superintendent or by a person delegated by either, and shall including attendance at all meetings of the Board of Education.

5) Work Year and Holidays

a) The work year for the Assistant Superintendent for Administration shall be 246 days with 15 paid holidays which shall include:

i) New Year’s Day,

ii) Dr. Martin Luther King Day,

iii) President’s Day,

iv) Memorial Day,

v) Independence Day

vi) Labor Day,

vii) Columbus Day,

viii) Veterans Day,

ix) Thanksgiving Day,

x) Christmas Day, and

xi) 5 Floating Holidays to be Determined Annually by the District Superintendent

b) In cases determined to be an emergency by the District Superintendent or District Board of Education, the Assistant Superintendent for Administration might be required, with reasonable advance notice (if possible), by the District Superintendent, to work up to 5 school or floating holidays (not legal holidays) with no compensatory time.

6) Vacation

a) The Assistant Superintendent for Administration shall be entitled as of July 1st of each year of employment to a vacation of twenty-one (21) paid vacation days as approved by the District Superintendent.

b) Should the Assistant Superintendent for Administration leave the employ of the District before the end of a contract period then this allowance shall be prorated (earned at a rate of 1.75 days per month) to account for the percentage of time actually served prior to leaving the employ of the District. Should the Assistant Superintendent for Administration have used more than his vacation day allocation then an adjustment will be made in his final paycheck to account for any over payment.

c) The base expectation is that all earned vacation days shall be used during the year in which they are earned unless agency business prevents the Assistant Superintendent for Administration using them as planned.

7) Benefit

a) Health Insurance

i) The Board shall pay the cost of family coverage for the Board approved health insurance plan while the Assistant Superintendent for Administration is in active service.

ii) Health Insurance Buy-Out: If the Assistant Superintendent for Administration elects to withdraw from the District Health Insurance plan, or changes from a family to a single plan coverage while his spouse or other dependents would have otherwise remained eligible for such coverage, then the Assistant Superintendent for Administration shall receive for the period of eligibility for family coverage, a sum equal to $2,300. This buy-out shall be payable to the Assistant Superintendent for Administration in his final paycheck for the school year. In the event that due to a change in life circumstance, the Assistant Superintendent for Administration finds it necessary to re-subscribe to the family coverage, this will be permitted.

b) Dental, Vision, Accidental Death and Dismemberment Insurance

i) The District shall pay the full cost of family coverage for Dental and Vision available through the Guardian Insurance or equivalent while the Assistant Superintendent for Administration is an active employee of the District.

c) Long-Term Group Disability Insurance

i) Long Term Group Disability Insurance shall be provided at district expense in the amount of 60% of the Assistant Superintendent for Administration’s salary.

8) Sick Leave

a) Twelve (12) days per year (earned at a rate of 1 .0 day per month) shall be provided for personal illness or illness in the immediate family (defined as spouse, mother, father, child, brother, sister, grandparent, legal guardian, mother-in-law, father-in-law or person residing in the same household) cumulative to 246 days (an administrator’s work year).

b) Upon retirement as an administrator from the District, into the NYS Teacher’s Retirement System (TRS), $55 per day shall be paid to the Assistant Superintendent for Administration for each unused sick day.

i) Payment shall be made in the first pay period in the school year immediately following the school year last worked.

ii) An earlier or later payment schedule is permissible, as is payment of the entire sum into the Assistant Superintendent for Administration’s 403(b) plan if the Assistant Superintendent for Administration should have one, subject to the approval of both parties.

9) Bereavement Leave shall be provided to a maximum of five (5) non-cumulative days per year for each occasion for deaths in the immediate family.

10) Personal Leave days shall be provided to a maximum of three (3) days per year. Unused days shall accumulate as sick leave. All personal leave days may be requested without reason at least three (3) days in advance of each anticipated absence. This requirement may be waived for situations deemed by the District Superintendent to be emergencies. Personal leave shall not be available for days immediately preceding a vacation, holiday or another approved personal day without the approval of the District Superintendent who may require that a reason be given for such requests.

11) Retiree Benefits

a) Health Insurance: Upon retirement from the Ulster BOCES into the NYS Teacher’s Retirement System and after five (5) years of service to the District as an administrator, the District shall pay 90% of such health insurance coverage, and after seven (7) years of service to the District as an administrator, the District shall pay 95% of such health insurance coverage and after nine(9) years of service to the District as an administrator, the District shall pay the 100% full cost of such coverage, including Medicare at the standard premium level for the Assistant Superintendent for Administration and their spouse for the remainder of their lives, however, the Assistant Superintendent for Administration’s spouse shall only be eligible for coverage so long as they remain married and shall only be eligible for single coverage should she survive him. Any additional Medicare premium beyond the standard premium for either Part B or Prescription Drug Coverage shall be paid by the Assistant Superintendent for Administration.

b) Retiree Dental, Vision, Accidental Death and Dismemberment Insurance: Upon retirement from the District and after seven (7) years of service to the District as an administrator, the District shall pay 10% of the full cost of such coverage for the Assistant Superintendent for Administration and his spouse for the remainder of their lives, however, the Assistant Superintendent for Administration’s spouse shall only be eligible for coverage so long as they remain married and shall only be eligible for single coverage should she survive him. The Assistant Superintendent for Administration may opt to apply the monetary value of their unused sick leave benefit towards their share of this insurance premium.

12) Physical Examination shall be required every two years and shall be reimbursed to a maximum of $300. A physician’s report resulting from such an examination, certifying fitness of the Assistant Superintendent for Administration to perform the function of the position, and shall be filed with the Clerk of the Board.

13) Meal/ Mileage Expenses may be submitted for making extra trips in the evening or when school is not in session to attend District related functions at the direction of the District Superintendent. Reimbursement shall be according the applicable District policy.

14) Jury Duty service shall be provided at full salary.

15) Professional dues for local, county, state and national professional organizations directly related to the Assistant Superintendent for Administration’s area of responsibility shall, with the approval of the District Superintendent, and subject to budgetary constraints, be compensated to a maximum of $800. Approval for payment of professional dues beyond the noted allowance shall be at the discretion of the District Superintendent. Payroll deductions may be used for dues payment to professional associations.

16) The Assistant Superintendent for Administration shall have the right to voluntarily participate in the District established Employee Assistance Program.

17) The Assistant Superintendent for Administration shall be entitled to the benefits any Flexible Spending Account Program offered by the District. There will be a cap of $5,000 on employee medical contributions and a $5,000 cap on dependent care contributions. Should any of the noted maximums be adjusted by legislation or regulation then the maximums herein noted shall be adjusted to conform to any such legislative or regulatory maximums. The District may terminate the plan if the District incurs any net cost.

18) The Assistant Superintendent for Administration shall be entitled to participate in any Tax Sheltered Annuity program offered by the District.

19) The Assistant Superintendent for Administration will be reimbursed for use of his personal vehicle for approved business travel in accordance with approved Internal Revenue Service rates.

20) Meetings

a) The Assistant Superintendent for Administration, upon approval of the District Superintendent, may attend appropriate professional meetings at the local, state and national levels; the expenses of such attendance shall be a district charge, payable by the District, not to exceed $1,500. Conference attendance beyond the budgetary allowance / contract maximum, shall be at the discretion of the District Superintendent.

21) Resignation

a) The Assistant Superintendent shall be required to give the Board no less than ninety (90) days notice of his intent to leave the employment of the Board, if such departure would occur prior to the end of this Agreement.

22) Miscellaneous.

a) The Assistant Superintendent for Administration affirmatively covenants that he shall devote his full time, skill, labor and attention to the performance of the duties and services of his position during the term of this agreement and shall fully and faithfully accomplish such duties and services.

23) Indemnification

a) The District agrees that it shall defend and hold harmless the Assistant Superintendent for Administration from any and all legal proceedings brought against the Assistant Superintendent for Administration in his individual capacity, or in his/her official capacity as agent and employee of the District, provided that (i) the incident arose while the Assistant Superintendent for Administration was acting within the scope of his employment, (ii) the Assistant Superintendent for Administration provides the District with timely notice of such proceedings, as provided by law, and (iii) such proceedings were not initiated by the District or its Board of Education against the Assistant Superintendent for Administration.

24) The rights, privileges and obligations of the parties under this Agreement are subject to the laws of the State of New York and nothing contained herein shall be deemed a waiver thereof.

25) In the event that any clause, term, condition, provision or part of this Agreement shall be determined to be invalid, illegal, void or of no binding effect by a court of competent jurisdiction, such determination shall not affect, invalidate, nullify or impair any other clause, term, condition, provision or part of this Agreement.

IN WITNESS WHERE OF, the parties have executed this agreement this 22 day of June, 2016.

Ulster BOCES

CHARLES V. KHOURY, Ed.D.
District Superintendent

WARREN M. DONOHUE
Assistant Superintendent for Administration