The Superintendent's
Employment
Contract
Jim's Thoughts
Contract Readiness:
If you are applying for a superintendency you need to understand and be
thinking about a superintendent's employment contract.
If you are getting preliminary interviews for a superintendency you need to plan
for a superintendent's employment contract.
If you are getting secondary (final) interviews for a superintendency you need
to be ready to negotiate a superintendent's employment contract.
The Job Offer:
It is understood (or should be) that the job is offered and accepted based
on an agreed contract between the two parties (board and the superintendent
designee). The offer is tentative until an agreement is reached.
There is no employment contract between the board and the superintendent designee
until after a board resolution of approval and it is signed by both parties.
Be prepared with a target salary and list of desired benefits if you are offered
the job.
Contract Support for the Superintendent Designee:
The superintendent designee (you) must have your own competent employment contract
adviser.
Seek out the names and contact competent advisors in
advance of the job offer so that you are set to negotiate immediately.
It may be best not to indicate to the board you have legal advice until (and if) the
board asks or turns the contract over to its attorney (School Attorney).
Sometimes the board and superintendent designee can reach a preliminary,
informal agreement on terms and conditions (salary, benefits, and protection)
before moving to the written agreement. This informal approach can work
well for both parties, but it should be done with caution (and never without an
advisor "behind the curtain.")
It is best to have an attorney/advisor that is proficient in structuring
protection language beneficial to the superintendent (in the event difficulties
arise in your relationship with the board).
It is a good idea to have an experienced and competent advisor or superintendent (mentorship and network)
guide you through the process (in addition to your attorney), to help you
balance your thinking and protect you from yourself .
Consider this:
1. NYSCOSS offers free contract negotiations support to
superintendent designees. This is based on the "Model Employment
Contract." (It may be possible
for the superintendent designee to get better employment protection (weighted more towards the superintendent)
by using a skilled, experienced and competent advisor.
2. The search consultant (private or District Superintendent)
works for the board. Accept any support or advice they give you, but
remember the search consultant works for the board.
3. Do not use the School Attorney from your old
(current) district. While the person will be working for you they are use
to working for the board; therefore, it is best to have an attorney/advisor that
is proficient in structuring language beneficial to the superintendent.
Salary and benefits:
The salary you request should be at the high end of (but not above) the
range advertised. It's your responsibility to have strong rationale
for the salary you request. Be prepared to back off of your initial
salary position,
especially if you can pick up better employment protection language or better total
compensation.
Before you go in:
Know what the person leaving had in salary and benefits (may
be hard to get.)
Know the benefit package of the other units (teachers,
non-instructional, and administrators) within the district.
Know what benefits you had in your last position (a good
understanding is that you won't lose benefits you had in the position you are
leaving.)
Know what is usual and customary for the surrounding,
comparable districts.
Know you will have to, be flexible, be focused rather than
intense, and you can usually trade for what you need/want.
Employment Protection Language:
You do not and can not have tenure as a superintendent of schools. The
employment contract defines your level of employment protection.
The board that hires you may not be there in three years.
If the board wants to get rid of you it can/will.
Strong contract employment protection language gives you a tool and the power to
negotiate the time you need to get out of the district gracefully.
