BOARD OF COOPERATIVE EDUCATIONAL SERVICES
FOR THE SOLE SUPERVISORY DISTRICT
OF ULSTER COUNTY, NEW YORK
DR. CHARLES KHOURY
IT IS HEREBY AGREED, by and between the Board of Cooperative Educational Services for the Sole Supervisory District of Ulster County, New York, with an administrative office on Route 32 North, Town of New Paltz, Ulster County, New York, (hereinafter referred to as the “BOCES”), and Dr. Charles Khoury (hereinafter referred to as “Dr. Khoury” or the “District Superintendent”).
WHEREAS, the Board of Education of the BOCES has offered to employ Dr. Khoury as the District Superintendent of the BOCES upon the terms and conditions set forth herein, and
WHEREAS, Dr. Khoury has accepted said offer of employment, and
WHEREAS, It is acknowledged that a written contract specifying the terms and conditions of the District Superintendent’s employment by the BOCES will provide the basis for effective communication and understanding between the parties, and
WHEREAS, the parties; have mutually agreed upon the following terms and conditions as to the District Superintendent’s employment with the BOCES.
NOW THEREFORE, in consideration of the agreements hereinafter set forth, and for other good and valuable consideration, the BOCES and Dr. Khoury agree as follows:
1. TERM OF AGREEMENT. The term of this agreement shall be three (3) years, commencing on July 1, 2015, and terminating at 12:00 midnight on June 30, 2018, unless further extended or sooner terminated as hereinafter provided.
2. DUTIES AND RESPONSIBILITIES. The District Superintendent agrees that he will at all times during the term of his employment devote his full time and attention during regular business hours to the performance of his duties as District Superintendent and Chief Executive Officer of the Supervisory District, Ulster BOCES. The District Superintendent shall at all times exercise his best efforts in the business, administration and management of the BOCES. In this connection, the District Superintendent shall, subject only to the approval of the Board, have the authority to manage, administer, organize, reorganize and supervise the affairs of the BOCES and shall have the right to assign, allocate and delegate such administration, supervisory and management affairs of the BOCES to members of his staff as in his best judgment are in the best interests of the BOCES. The District Superintendent shall be responsible for the selection, placement and transfer of all employees of the BOCES, subject only to the approval of the Board. The District Superintendent shall perform all services required of him by the Education Law and other laws of the State of New York, and shall, faithfully, diligently, and competently perform those duties which may be imposed on him by the Board or the New York State Commissioner of Education, and perform all other duties and responsibilities as may thereby be implied as incidental thereto although not specifically enumerated, and shall devote his full time and efforts to the performance of those duties provided, however, that the District Superintendent, by agreement with the Board, may undertake consultant work, speaking engagements, writing, lecturing, or other professional duties and obligations.
3. COMPENSATION . It is recognized and agreed that the District Superintendent will receive a salary of $43,499 from the State of New York (the “State Salary”). BOCES shall pay to the District Superintendent an additional salary for the school year commencing on July 1, 2015, and ending June 30, 2016, at the maximum cap under law. In the event that the legal cap maximum rate is changed by law or regulation, the Board of Education shall have the right to revise the District Superintendent’s salary in accordance with the new rate. The salary shall be paid in equal installments in accordance with the policy of the BOCES governing payments of other professional staff members in the District. In the event that, during the term hereof, the State Salary paid to the District Superintendent is reduced or eliminated, the additional salary paid by BOCES hereunder shall be increased on a dollar for dollar basis, it being the intention of the parties that the District Superintendent’s combined annual salary shall not be less than determined under the then applicable provisions of the law.
4. SALARY ADJUSTMENT. The BOCES retains the right to adjust the annual supplemental salary of the District Superintendent during the term of his employment by the BOCES, provided that any such adjustment shall not reduce the rate of annual supplemental salary below the amount paid to the District Superintendent in any prior period unless required by law and provided that in no event shall such supplemental salary fall below the levels set forth in Article 3 above unless required by law. Any adjustment in the supplemental salary made during the term of appointment shall be in the form of an amendment and shall become a part of this Agreement; provided, however, that by so doing, it shall not be considered that BOCES has entered into a new Agreement with the District Superintendent, or that the termination date of this Agreement has been extended.
5. MEDICAL INSURANCE. The District Superintendent shall be entitled to coverage under the BOCES' health, dental, and vision care insurance programs, on an individual or family basis as applicable, with 100% of the applicable premiums paid by the BOCES. If the District Superintendent retires from the BOCES into the New York State Teachers' Retirement System, after having served for five (5) full years from the date of first employment, BOCES shall pay the full cost of individual or family coverage, as applicable, for health, dental, vision, and Medicare reimbursement where applicable, for the District Superintendent and his spouse, through the BOCES Medical Plan.
6. LIFE INSURANCE and LONG TERM CARE INSURANCE. Upon presentation of appropriate documentation, BOCES shall reimburse the District Superintendent, during the period of his employment, up to Four Thousand Five Hundred ($4,500) Dollars per year for each full year of his employment, for the premium for long term care insurance for the District Superintendent and his spouse. If the District Superintendent retires from BOCES into the New York State Teachers’ Retirement System, after having served for five (5) full years from the date of his first employment, BOCES shall continue such payment during the period of retirement for the District Superintendent and his spouse. Upon presentation of appropriate documentation, BOCES shall also reimburse the District Superintendent, during the period of his employment, up to One Thousand ($1,000) Dollars per year, for each full year of service, for his premium payments on a fifteen (15) year level term life insurance policy.
7. DISABILITY. If the District Superintendent is unable to perform substantially all of the duties and responsibilities set forth in this Agreement by reason of extended illness and/or disability, the District Superintendent shall be entitled to disability leave at full pay for six months upon the expiration of all other paid leave provided in this Agreement. If Dr. Khoury should die while in the employ of the BOCES, the estate of Dr. Khoury shall receive the remainder, or all of the benefits in this section, and those in Section 5 and 8. Such disability leave shall satisfy all obligations the BOCES may have under the Family and Medical Leave Act.
8. SICK DAYS. The District Superintendent shall earn thirteen (13) sick days per year, up to a maximum total accumulation of 200 days.
9. VACATION DAYS. The District Superintendent will be entitled to thirteen (13) vacation days for each of the first two years of this Agreement. Each year one (1) day will be added until annually twenty (20) days are reached. The District Superintendent may carry over up to ten (10) unused vacation days per year and accumulate unused vacation days up to a maximum of forty (40) days. Upon separation from services with the BOCES, the District Superintendent may receive payment for up to a maximum of thirty (30) unused vacation days at the rate of 1/240th of his annual BOCES compensation at the time he terminates employment with the BOCES. If Dr. Khoury should die while in the employ of BOCES, the estate of Dr. Khoury shall receive payment for his unused vacation days up to a maximum of thirty (30) such days.
10. PERSONAL AND OTHER LEAVE. The District Superintendent shall be entitled to five (5) days of paid leave and any additional unpaid leave as may be granted by the President of the Board, provided that such additional leave shall not reduce the total of the District Superintendent's work days and other leave days (sick, vacation, and personal) to less than two hundred forty (240) in any year.
11. EXPENSE REIMBURSEMENT.
(a) The District Superintendent shall be entitled to reimbursement for ordinary and customary expenses which are necessarily incurred by the District Superintendent in connection with his employment, including travel, meals and lodging, provided that the District Superintendent submits appropriate documentation of such expenses in a timely manner
(b) The District Superintendent shall be provided with a BOCES owned or BOCES leased late model automobile for his business and reasonable personal use during the initial term or any extension of this Agreement. The District Superintendent will reimburse BOCES for all such personal use in accordance with Internal Revenue Service regulations as they exist from time to time. All expenses of gasoline, insurance, maintenance and repairs in connection with the operation of said vehicle shall be paid by the BOCES. If the District Superintendent chooses, the obligation of BOCES under this Article may be satisfied by the reimbursement to the District Superintendent (in accordance with such IRS regulations) for the use of a vehicle owned by the District Superintendent for BOCES business.
(c) The District Superintendent shall be provided with the BOCES’ credit card to be utilized as per Board policy and procedures.
(d) The District Superintendent shall be reimbursed for a portion of the monthly cost of using their personal cell phone for agency business. Upon submission of a bill noting a monthly charge for a personal cell phone the Board will reimburse the District Superintendent up to $65.00 per month for the use of a personal cell phone and data service for Ulster BOCES business.
12. PROFESSIONAL DUES. If the District Superintendent is a member of the professional organizations NYSCOSS and AASA or subsequently becomes a member, BOCES shall pay the annual dues and the additional annual dues for one other professional organization, not to exceed Six Hundred ($600) Dollars for the third professional organization. The District Superintendent shall be entitled to attend professional conferences at the local, state, and national level, with the expenses of such paid by the BOCES, upon approval by the Board President.
13. HOLIDAYS. The District Superintendent shall be entitled to receive paid holidays as set forth in the New York State Handbook for Management Confidential Employees and by the Ulster BOCES calendar, with a work year of 240 days.
14. EVALUATION. On or prior to March 1, of each year of this agreement, at least a portion of one meeting of the Board will be devoted to an evaluation of the District Superintendent's performance and his working relationship with the Board and the BOCES. Such portion of said meeting shall be conducted in Executive Session. Criteria to be utilized by the Board and the District Superintendent in evaluating the District Superintendent's performance will be cooperatively developed, with the Board making the final determination. The criteria shall be reduced to writing in a form mutually agreed upon by the Board and the District Superintendent and which form (but not the evaluation itself which shall remain confidential) shall be filed with the Board Clerk on or before September 10 of each year. The District Superintendent shall be provided with a copy of the written evaluation at least ten (10) days prior to the Executive Session of the Board scheduled to discuss the evaluation. The Board agrees that prior to August 31 annually; the District Superintendent and the Board will cooperatively develop specific performance goals that the Board wishes the District Superintendent to meet.
15. BOARD REFERRAL. The Board and the individual members thereof shall promptly and discreetly refer to the District Superintendent any and all criticisms, complaints, suggestions, communications or comments regarding the administration of the BOCES or the District Superintendent's performance of duties which the Board deems to be of a substantive nature.
16. CERTIFICATION. The District Superintendent shall possess a valid certificate to act as a District Superintendent in the State of New York during the term of his employment by the BOCES.
17. RESIDENCY. The District Superintendent shall maintain a legal residence within the State of New York during his term of employment.
18. MEDICAL EXAMINATION. The District Superintendent will receive an annual medical physical examination, and during each twelve (12) month period hereon, from a physician of his choice. The District Superintendent shall file a written statement with the Board Clerk from the examining physician certifying competency to perform his duties. Such report will be held in confidence by the Board. The cost of said medical examination shall be paid by BOCES.
19. INDEMNIFICATION. Pursuant to the applicable provisions of the Education Law and Public Officers Law, the Board agrees to provide legal counsel and to indemnify the District Superintendent against all uninsured financial loss arising out of any claim, demand, suite or judgement by reason of alleged negligence or other conduct resulting in bodily or other injury to any person, or damage to the property of any person, committed while the District Superintendent is acting within the scope of his employment or under the direction of the Board, provided that the District Superintendent furnished written notice of any and all claims to the Board Clerk within ten (10) days of the receipt of such claims. The BOCES agrees that the District Superintendent shall be covered as an insured under the BOCES' errors and omissions insurance policy.
20. TERMINATION OF AGREEMENT.
(a) The employment relationship between the BOCES and the District Superintendent shall be continuous unless severed by mutual agreement, resignation or retirement with sixty (60) days advance notice, or removal from office in accordance with Section 2212 of the Education Law. Termination by the Board shall be for just cause, following the service of charges upon the District Superintendent and a fair hearing before the Board of Education with respect to the charges. During the course of such proceedings, the District Superintendent shall be entitled to legal counsel of his choice at his own expense.
(b)If the District Superintendent is unable to perform substantially all of his duties following the six (6) months of leave provided in Section 7 of this Agreement, the District Superintendent's employment by BOCES shall be terminated. All other provisions of this Agreement shall be deemed null and void as of such date.
21. MODIFICATION. The District Superintendent and BOCES have negotiated the provisions of this Agreement in good faith and in the belief that it conforms to the letter and spirit of the Education Law and the regulations promulgated by the State Civil Service Commission applicable to managerial/confidential employees of the State, as those regulations are incorporated into the Education Law. A copy of this Agreement shall be filed with the Office of the Commissioner of Education within five (5) days of its execution. In the event the Commissioner of Education, in his initial review or subsequent, disapproves any of the provisions of this Agreement, the parties agree to meet to bring the Agreement into compliance with the laws and regulations, as determined by the Commissioner of Education. In the event that the provisions of law and implementing regulations relating to benefits provided under this Agreement are modified subsequently to the date of this Agreement, the BOCES and the District Superintendent agree to reopen and renegotiate this Agreement’s provisions relating to such benefits.
22. APPLICABLE LAW. It is expressly understood and agreed that the terms and conditions of this Agreement are in every respect subject to all applicable laws and regulations of the State of New York, including but not limited to the Education Law and Civil Service Laws, which may be in effect from time to time during the term of this Agreement.
23. SEVERABILITY. The invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any other provision of this Agreement.
Agreement Signed on April 24, 2015 by:
Dennis O'Mara, President
Dr. Charles Khoury, District Superintendent & Chief Executive Officer