AMENDMENT TO THE EMPLOYMENT AGREEMENT
Ulster County BOCES
THIS AGREEMENT, made this 29th day of August, 2018 by and between the Board of Cooperative Educational Services for the Sole Supervisory District of Ulster County (hereinafter, the "Board" or "BOCES") and JONAH SCHENKER (hereinafter, the "Deputy Superintendent").
WHEREAS, the Board and the Deputy Superintendent are parties to an Employment Agreement dated the 13tth day of June, 2017; and
WHEREAS, said Agreement contains provisions for annual compensation, benefits and other terms and conditions of employment for the Deputy Superintendent; and
WHEREAS, the District Superintendent recommended the amendment to the Board at their meeting on August 29, 2018, and the Board approved the recommendation.
NOW, THEREFORE, the parties hereby amend the Deputy Superintendent’s employment agreement as follows:
1.Section 2 (a) (ii) shall be amended to read: "For the period September 1, 2018 – June 30, 2019, the Deputy Superintendent’s base salary shall be $145,000 (prorated) which shall be payable in equal bi-monthly installments.
2.All other provisions of the Agreement not specifically addressed herein shall remain in full force and effect.
3.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 29th day of August 2018.
CHARLES V. KHOURY, Ed.D.
District Superintendent / Chief Executive Officer
DR. JONAH SCHENKER
AGREEMENT made as of the 13th day of July, 2017, between the, ULSTER BOCES Board of Education (District), New Paltz, NY, Ulster County, New York and Dr. Jonah Schenker (Deputy Superintendent) residing at New Paltz, New York.
WHEREAS, the District desires to employ Dr. Jonah Schenker as the Deputy Superintendent for the District, commencing January 1, 2018, and it is the parties’ belief that a written agreement outlining the terms and conditions of the Deputy Superintendent’s employment will foster a good working relationship with the Deputy Superintendent in the best interests of the District, and
WHEREAS, Dr. Jonah Schenker desires to be in the employ of the District as the Deputy Superintendent and to maintain such a relationship;
NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, IT IS AGREED as follows:
1. Term - This Agreement shall not be construed as a contract of duration. This Agreement merely reflects the terms and conditions of employment which shall be in effect from January 1, 2018 through December 31, 2021. 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 Deputy Superintendent subject to the applicable provisions of the Education Law or Civil Service Law of New York State or to subject him to layoff and/or reorganization of the District’s administration. Should the District approve a reorganization that would result in the elimination of the Deputy Superintendent’s position, the Deputy Superintendent shall be provided with a five (5) calendar month notice of such reorganization/position elimination.
a. The base salary for the Deputy Superintendent, exclusive of longevity and earned Doctorate differential, shall not exceed 95% of the District Superintendent’s salary, which is presently capped by the state legislature. This understanding establishes a maximum salary for the Deputy Superintendent of $158,424. Therefore, the base salary of the Deputy Superintendent shall be as follows:
i. For the period January 1, 2018 – June 30, 2018, the Deputy Superintendent’s base salary shall be $68,000 which shall be payable in equal bi-monthly installments.
ii. For the period July 1, 2018 – June 30, 2019, the Deputy Superintendent’s base salary shall be $140,000 per annum which shall be payable in equal bi-monthly installments.
b. The Deputy Superintendent’s salary for succeeding school years shall be based on a performance evaluation according to Board Policy. In no case shall the succeeding school year’s salary be less than the base salary established in the school year preceding the annual review unless required by law. The Deputy Superintendent’s base salary for the period July 1, 2021 – December 31, 2021 shall be pro-rated based on the then school year salary.
c. The District 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 to determine, in its sole discretion, whether an increase in base salary is appropriate.
d. As the Deputy Superintendent has presented evidence of having an earned a Doctorate in the field of education (Ed.D. or Ph.D.) a $2,500 differential (prorated for partial year) shall be added to the base salary noted in Paragraphs 2(a)(i) and 2(a)(ii) of this Agreement.
The Deputy Superintendent shall perform the duties of Deputy Superintendent in and/or for the public schools as prescribed by the State of New York and by the rules and regulations approved by the District. The work year for this position is twelve months and, during such term, the Deputy Superintendent 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, the District Superintendent or by a person delegated by either, and shall attend all meetings of the Board of Education.
4. Work Year and Holidays
a. For each full school year, the work year for the Deputy Superintendent shall be 246 days with 15 paid holidays which shall include:
- New Year’s Day,
- Dr. Martin Luther King Day,
- President’s Day,
- Memorial Day,
- Independence Day
- Labor Day,
- Columbus Day,
- Veterans Day,
- Thanksgiving Day,
- Christmas Day, and
- Five (5) Floating Holidays to be determined annually by the District Superintendent
For any partial school year, it is expected that the Deputy Superintendent will work a schedule consistent with the aforementioned schedule and will receive the number of holidays that fall within the applicable time period.
b. In cases determined to be an emergency by the District Superintendent or Ulster BOCES Board of Education, the Deputy Superintendent might be required, with reasonable advance notice (if possible), by the District Superintendent, to work up to five (5) school holidays (not legal holidays) with no compensatory time.
a. For the period January 1, 2018 through June 30, 2018, the Deputy Superintendent shall be entitled to twelve (12) paid vacation days as approved by the District Superintendent. The Deputy Superintendent shall be entitled as of July 1st of each school year of employment to twenty-four (24) paid vacation days as approved by the District Superintendent. For the period July 1, 2021 through December 31, 2021, the Deputy Superintendent shall be entitled to twelve (12) paid vacation days as approved by the District Superintendent.
b. Should the Deputy Superintendent leave the employ of the District before the end of a contract period then this allowance shall be prorated (earned at a rate of two (2) days per month) to account for the percentage of time actually served prior to leaving the employ of the District. Should the Deputy Superintendent 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. There is to be no carry-over of unused vacation days. However, if agency business prevents the Deputy Superintendent from taking a planned vacation day or days, the Deputy Superintendent may request of the District Superintendent permission to carry-over such days. Any such days, approved by the District Superintendent, must be used by June 30th of the school year immediately following the year in which they were initially earned.
d. On an annual basis, at the beginning of each fiscal year (July 1st), the Deputy Superintendent shall have the option of having up to five (5) unused vacation days applied towards the payment of the premium cost for Long-Term Care Insurance as follows: the cash value of up to five vacation days shall be calculated at the per diem rate (1/240) to which the district shall add $200 per day, and, upon the presentation of appropriate documentation, the District shall reimburse the Deputy Superintendent said amount which is to be used solely for the premium cost for Long-Term Care insurance for the Deputy Superintendent and his spouse. If the Deputy Superintendent declares his intent to be reimbursed for a Long-Term Care Insurance premium, the number of days used for such reimbursement, up to five (5) vacation days shall be deducted from the annual vacation day allocation referred to in Paragraph (5)(a) of this Agreement.
e. If the Deputy Superintendent retires into the New York State Teachers Retirement System (“NYSTRS”) immediately upon the termination of employment from the District, after having served a minimum of 10 full years as Deputy Superintendent, the District shall, upon the presentation of appropriate documentation, reimburse the Deputy Superintendent’s actual payment for a Long-Term Care Insurance premium at a maximum annual reimbursement of $3,000 for the Deputy Superintendent and his spouse during the period of his retirement. The Deputy Superintendent’s spouse shall only be eligible for coverage so long as they remain married.
f. At the end of each school year (June 30), any unused vacation days beyond those permitted to be carried over or used for Long-Term Care Insurance are lost.
a. Health Insurance
i. The Board shall pay 90% of the cost of family or individual coverage for the Board approved health insurance plan while the Deputy Superintendent is in active service.
ii. Health Insurance Buy-Out: If the Deputy Superintendent 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 Deputy Superintendent shall receive, for the period of eligibility for family coverage, a sum equal to $4,500 for each year in which the coverage is reduced (family to single) or waived. This buy-out shall be payable to the Deputy Superintendent in his final paycheck for the school year. In the event that due to a change in life circumstance, the Deputy Superintendent finds it necessary to re-subscribe to the family coverage, this will be permitted.
b. Dental and Vision Insurance
The District shall pay the full cost of family or individual coverage for Dentaland Vision available through Empire BC/BS (Vision) or Guardian Insurance (Dental) or equivalent insurance provider, while the Deputy Superintendent is an active employee of the District.
Longevity Payments shall be made to the Deputy Superintendent as an addition to the base salary noted in items 2. a., according to the following schedule:
Upon the completion of the following years of service as Deputy Superintendent
Through to the completion of the following years of service to Ulster BOCES
a. Sixteen (16) days per school year 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). For the periods January 1, 2018 through June 30, 2018 and July 1, 2021 through December 31, 2021, Eight (8) days shall be provided for such purpose.
b. Upon retirement as the Deputy Superintendent from the District into the NYSTRS $90 shall be paid to the Deputy Superintendent for each unused sick day to a maximum of 246 days ($22,140).
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 Deputy Superintendent’s 403(b) plan if the Deputy Superintendent should have one, subject to the approval of both parties.
9. Bereavement Leave
Bereavement leave shall be provided to a maximum of five (5) non-cumulative days per year (pro-rated to 2.5 days for the periods January 1, 2018 through June 30, 2018 and July 1, 2021 through December 31, 2021) for each occasion for deaths in the immediate family as defined in this contract.
10. Personal Leave
Personal leave days shall be provided to a maximum of three (3) days per year (pro-rated to 1.5 days for the periods January 1, 2018 through June 30, 2018 and July 1, 2021 through December 31, 2021). 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 into the New York State Retirement System, immediately upon the termination of employment from the District, the District shall pay the cost of such coverage according to the following schedule:
Completion of Years as Deputy Superintendent
The District shall pay 100% of the standard premium for Medicare Part B and Prescription Drug Coverage, and 50% of any additional amount charged for such coverage should the Deputy Superintendent’s premium charges be upwardly adjusted due to the Medicare Rules for Higher Income Beneficiaries. The Health Insurance provided for the Deputy Superintendent and his spouse for the remainder of his life shall be chosen from the medical insurance plans offered to current employees. The Deputy Superintendent’s spouse shall only be eligible for coverage so long as they remain married.
b. Retiree Dental and Vision Insurance. Upon retirement into the New York State Teacher’s Retirement System, immediately upon the termination of employment from the District and after a minimum of ten (10) years of service to the District as the Deputy Superintendent, the District shall pay 50% of the full cost of such coverage, chosen from the plans offered to current employees, for the Deputy Superintendent and his spouse during the period of his retirement, The Deputy Superintendent may opt to apply the monetary value of his 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 $500. A confidential report of such examination shall be furnished to the District.
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 Deputy Superintendent’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. Employee Assistance Program
The Deputy Superintendent shall have the right to voluntarily participate in the District established Employee Assistance Program.
17. Flexible Spending Account Program
The Deputy Superintendent shall be entitled to the benefits of any Flexible Spending Account Program offered by the District. There will be a cap of $2,600 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. Tax Sheltered Annuity
The Deputy Superintendent shall be entitled to participate in any Tax-Sheltered Annuity program offered by the District.
19. Personal Vehicle for Business Travel
The Deputy Superintendent will be reimbursed for use of his personal vehicle for approved business travel in accordance with approved Internal Revenue Service rates.
The Deputy Superintendent, 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.
The Deputy Superintendent shall be required to give the District no less than ninety (90) days’ notice of his intent to leave the employment of the District, if such departure would occur prior to the end of this Agreement.
The Deputy Superintendent 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.
The District agrees that it shall defend and hold harmless the Deputy Superintendent from any and all legal proceedings brought against the Deputy Superintendent in his individual capacity, or in his/his official capacity as agent and employee of the District, provided that
i. the incident arose while the Deputy Superintendent was acting within the scope of his employment,
ii. the Deputy Superintendent 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 Deputy Superintendent.
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 13 day of July, 2017.
Dr. Charles V. Khoury, District Superintendent / Chief Executive Officer
Dr. Jonah Schenker, Deputy Superintendent (1/1/2018)