CAMBRIDGE PUBLIC SCHOOLS
JEFFREY M. YOUNG
THIS EMPLOYMENT AGREEMENT ("this Agreement") is made this 20th day of December 2011, by and between the CAMBRIDGE PUBLIC SCHOOL DISTRICT (the "School District"), acting by and through the Cambridge School Committee, with a principal place of business at 16 Felton Street, Cambridge, Massachusetts 02138 (hereinafter referred to as the "Committee"), and JEFFREY M. YOUNG hereinafter referred to as "Dr. Young" or the "Superintendent"), an individual with a principal place of residence at 9 Stetson Way, Newton, Massachusetts 02468. This Agreement supercedes all prior agreements beteen the Committee and Dr. Young.
WHEREAS, Dr. Young has been the Superintendent of the Cambridge Public Schools since July 6, 2009; and
WHEREAS, the parties have agreed to continue Dr. Young's employment with the School District;
NOW THEREFORE, in consideration of the mutual promises contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Employment. The Committee, pursuant to the provisions of M.G.L. c. 71, §59 and in accordance with an Order adopted at the meeting held on December 20, 2011, hereby continues to employ Dr. Young as the Superintendent of Schools of the Cambridge Public Schools and Dr. Young hereby accepts such employment under the following terms and conditions, effective as of July 6, 2011.
2. Term of Agreement.
A. The Superintendent shall be employed for the period from July 6, 2011, through July 5, 2015.
B. This Agreement shall terminate, as herein provided, on July 5, 2015, and, as of such date, the Superintendent's employment as Superintendent shall also terminate. If the Committee intends to renew the Agreement, it shall give notice prior to July 6, 2014, and initiate negotiations for a successor contract, which contract, if agreed to, shall become effective after July 5, 2015.
C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the School District to terminate the services of the Superintendent, at any time, subject to the provisions set forth in Section 21 of this Agreement.
D. Nothing in this Agreement shall in any way be construed as granting tenure or "professional status" to the Superintendent in the position of Superintendent.
E. The term of this Agreement has been agreed to by the parties and it is the intent of the parties not to amend the length of the term.
3. Professional Certification and Professional Development. The Superintendent shall furnish to the Committee and maintain throughout the term of this Agreement, a valid and appropriate certificate qualifying him to serve as a superintendent of schools in the Commonwealth of Massachusetts, as required by M.G.L. c. 71, §38G and all other applicable laws and regulations. The Superintendent also shall pursue all appropriate professional development activities necessary for the fulfillment of his professional development plan and maintenance of his certification.
4. Duties and Responsibilities.
A. The Superintendent shall diligently, faithfully, professionally and competently perform the duties and responsibilities of the Superintendent of Schools; shall serve as the Chief Executive Officer of the School District, as provided in M.G.L. c. 71, §59 and all other applicable laws and regulations pertaining to public education in Massachusetts; and shall be responsible to direct, organize and manage the school system, in conformity with the requirements of M.G.L. c. 71 and all other applicable federal and state statutes and regulations pertaining to public education, and in conformity with the rules and policy determinations of the Committee. The Superintendent also shall fulfill all of the terms and conditions of this Agreement. The Superintendent shall be the Chief Education Officer of the District.
B. Except as otherwise required by the Superintendent's duties, the Superintendent shall attend all Committee meetings and shall provide administrative recommendations on each item of business involving the administration of the Public Schools or education matters.
C. The Superintendent recognizes that the proper performance of his duties and responsibilities will require him to work longer than the school day and that his duties and responsibilities are not confined to prescribed hours.
D. The relationship between the Committee and the Superintendent shall be based on a deep commitment to working cooperatively for the benefit of the children and the general community served by the Cambridge Public Schools, and it shall reflect a clear understanding that the Committee is the establishing agent of all school system policy and that the Superintendent has the responsibility to administer said policy in a sound, fair and ethical manner.
E. The Superintendent shall have authority, subject to law and any legally binding contracts of the School District, to organize, reorganize and arrange the administrative and supervisory staff in such a way as, in his best judgment, best serves the School District, subject to approval by the Committee.
F. In its discretion, the Committee will refer to the Superintendent any criticisms, complaints and situations that are brought to its attention and which the Committee deems important enough to warrant the Superintendent's attention. The Superintendent shall review and make recommendations on any matters referred to him by the Committee.
5. Community Activities. The Committee expects the Superintendent to participate in community activities in order to generate support for the School District, and to solicit feedback from the community on the performance of the School System. In addition, the Committee and the Superintendent agree that his participation in professional educational activities and organizations is a direct benefit to him and the School system, as opportunities for professional growth serve to enhance the Superintendent's performance and as a platform for demonstrating the City of Cambridge's commitment to improving public education. The Superintendent will seek the input of the Committee regarding his community and professional educational activities.
6. Goal and Objectives: Evaluation.
A. The Committee and the Superintendent shall meet in open session to discuss the establishment of mutually acceptable goals and objectives, including measurable outcomes and dependencies, for each school year, taking into account the educational goals or policies established by the Committee. If the parties are unable to agree on mutual goals and objectives, the Committee shall set goals and objectives, considering the consultation and deliberation they have had with the Superintendent.
B. The Superintendent shall be evaluated annually by the Committee. The Committee shall consult with the Superintendent, on the evaluation instrument to be used by the Committee in its evaluation of the Superintendent.
A. The Committee agrees to pay the Superintendent, in consideration of faithful, diligent, and competent performance of the duties and responsibilities of Superintendent of Schools, in accordance with the regular payroll cycle of the School District. For purposes of this Agreement, a contract year shall commence on July 6th and end on July 5th. This Agreement covers the following four Contract Years:
Contract Year 1 July 6, 2011 - July 5, 2012
Contract Year 2 July 6, 2012 - July 5, 2013
Contract Year 3 July 6, 2013 - July 5, 2014
Contract Year 4 July 6, 2014 - July 5, 2015
The Superintendent's salary shall be earned ratably throughout each of the Contract Years and shall be subject to withholdings and deductions required by law or authorized by the Superintendent. The Superintendent shall be paid on a semi-monthly basis in accordance with the following schedule:
Contract Year Semi-Monthly Gross Salary Contract Year 1 Ten Thousand Eighty-Three Dollars and Thirty-Three Cents ($10,083.33) Contract Year 2 Ten Thousand Three Hundred Thirty-Three Dollars and Thirty-Three Cents ($10,333.33) Contract Year 3 Ten Thousand Five Hundred Eighty-Three Dollars and Thirty-Three Cents ($10,583.33) Contract Year 4 Ten Thousand Eight Hundred Thirty-Three Dollars and Thirty-Three Cents ($10,833.33)
If the Superintendent's semi-monthly gross salary were annualized in each of the Contract Years, the Superintendent's gross annualized salary would be Two Hundred Forty-Two Thousand Dollars ($242,000.00) in Contract Year 1; Two Hundred Forty-Eight Thousand Dollars (248,000.00) in Contract Year 2; Two Hundred Fifty-Four Thousand Dollars ($254,000.00) in Contract Year 3; and Two Hundred Sixty Thousand Dollars ($260,000) in Contract Year 4.
B. The Superintendent shall not be entitled to overtime or compensatory time. The position of Superintendent is an exempt position under the Federal Fair Labor Standards Act.
8. Annuity and Supplemental Insurance.
A. In addition to the Superintendent's compensation pursuant to section 7 of this Agreement, the School Committee shall pay up to Fifteen Thousand Dollars ($15,000.00) per Contract Year commencing in Contract Year 2 (July 6, 2012 - July 5, 2013) to purchase an annuity plan selected by the Superintendent in accordance with applicable law and regulations. Such annuity shall be consistent with Massachusetts General Laws chapter 71, section 37B and comply with the requirements of Internal Revenue Code Section 403(b) for exclusion of such payments from the Superintendent's taxable income for the applicable Contract Year. To receive the annuity plan provided in this Section 8A, the Superintendent shall complete and submit all required forms and documents (hereinafter the "documentation") necessary or requested by the School Committee, the District, or the City of Cambridge to comply with applicable requirements precedent to the School Committee providing an annuity under this Section 8A. The Superintendent shall submit documentation for Contract Years 2,3, and 4 prior to June 30th in each Contract Year preceding the Contract Year in which the annuity will be purchased. The Superintendent understands that the District will report the payments made under this Section 8A to federal and state taxing authorities. The Superintendent agrees that if any taxing authority determines that taxes, penalties and/or interest are due or owing with respect to the payments made under Section 8A of this Agreement, the Superintendent shall be solely responsible and liable for the payment of such taxes, penalties and interest. Furthermore, the Superintendent agrees to indemnify and hold harmless the School Committee, the District and the City of Cambridge from all sums due and from the costs of defense in the event any such taxing authority asserts or finds the School Committee, the District, the City of Cambridge, or any of their employees, representatives or agents liable to pay any portion of such taxes, penalties, or interest.
B. Except as provided in Section 8A, the Superintendent and the School Committee agree that the Superintendent shall not be entitled to receive reimbursement for supplemental insurance in any of the Contract Years under this Agreement.
C. The Superintendent acknowledges that neither the Committee nor its counsel has advised him regarding the taxability of any monies payable to him under this Agreement. The Superintendent is advised to consult with his own counsel and/or tax advisor as to the specific tax consequences of any payments made under this Agreement.
9. Vacation Leave.
A. The Superintendent shall be granted annually, on the first day of each contract year, twenty five (25) days of paid vacation leave, exclusive of authorized holidays.
B. It is the intention of the parties that vacation days are to be taken annually. In no event may more than twenty (20) cumulative days of unused vacation time be carried over from one fiscal year to the next. The Superintendent may elect to be compensated for up to fifteen (15) unused vacation days per year, to be paid by the School District at his prevailing salary, in addition to the salary established in Section 7 of this Agreement.
C. Unused vacation leave shall be paid upon termination of employment in accordance with Massachusetts law.
D. The Superintendent shall coordinate his vacation leave with the Chair of the Committee.
10. Sick Leave.
A. The Superintendent shall earn sick leave at the rate of 1 1/4 days per month for a total of fifteen (15) days per Contract Year. Unused eamed sick leave shall be cumulative, without limit.
B. The Superintendent shall participate in the administrators' sick leave bank. The Superintendent shall be eligible to receive sick days from the administrators' sick leave bank, in accordance with its terms.
C. The Superintendent will be eligible to participate in the sick leave buyback program, as provided to professional employees of the School District. Unused accumulated sick leave may be surrendered upon termination, retirement, resignation, or death at the rate set forth below per day for unused sick leave in accordance with the provisions of this Agreement. For purposes of this Section, the amount of sick leave available to the Superintendent will be determined by reference to the personnel data retained by the personnel office of the Cambridge Public Schools. In the event of death of the Superintendent during the term of this Agreement, any unused sick leave shall be paid to the estate of the deceased at the sick leave buyback rate. If the Superintendent is dismissed for cause, he shall not be eligible for sick leave buyback.
|Number of Days||Amount Per Day|
11. Medical Insurance. The Superintendent shall be eligible for the group health and dental insurance applicable to management officials of the City of Cambridge at the same premium contribution rate as such insurance is offered to management officials of the City of Cambridge. The Committee shall be obligated to offer to the Superintendent only those health insurance and dental insurance plans that are offered to non-union management employees of the City of Cambridge.
12. Bereavement Leave. The Superintendent shall be entitled to bereavement leave of five (5) consecutive days per contract year for the death of an immediate family member, as defined by the School District policy for professional employees, or a relative who resided in the home of the Superintendent, and one (1) calendar day for death of a close relative.
13. Personal Days. The Superintendent shall be entitled to personal leave of three (3) days per contract year for attending to personal situations which otherwise cannot be handled during non-work time. It is agreed that such days will not be taken immediately prior to or following a holiday or vacation period unless required and unavoidable.
14. Holidays. The Superintendent shall be entitled to a day off with pay for all Massachusetts legal holidays and other holidays authorized by the Committee.
A. The Superintendent shall be reimbursed for all necessary and reasonable expenses (excluding commuting) incurred in the performance of the duties of the Superintendent, including cost of transportation and attendance at appropriate, local, state, national and international meetings and conferences, and dues for membership in professional organizations, in accordance with the School Budget and City of Cambridge and Committee policies. The Superintendent shall inform the Committee before incurring any of these expenses in connection with non-School District organizational meetings.
B. The Superintendent shall be provided with the use of a School credit card for expenses associated with the conduct of School District business, subject to appropriate City of Cambridge and School District procedures and policies regarding credit card use. The Superintendent will provide the Committee, each February, with a yearly report of Cambridge Public Schools credit card expenses for the previous calendar year.
16. Transportation. The Superintendent shall be provided with the use of the existing leased automobile for the Superintendent's unrestricted use. Insurance, maintenance and repairs and gasoline in connection with the operation of said automobile shall be paid by the School District. Upon expiration of this Agreement and the Superintendent's employment with the School District, the Superintendent shall return the automobile to the District.
17. Technology and Communication.
A. Alternative 1. To facilitate the work and availability of the Superintendent, the School District agrees to provide the Superintendent with reasonable and necessary current technology and communications and computer access (laptop computer, software, and supplies, cell phone, "Blackberry") at both his office and residence for business and limited personal use to enable him to conduct work from either location or from remote locations. To facilitate the work and availability of the Superintendent, the District also agrees to provide the Superintendent with reasonable and necessary cellular communications for business and limited personal use to enable him to conduct work from either his office, residence or from remote locations.
B. Alternative 2. In the alternative, the Superintendent may purchase such technical equipment, and the School District will reimburse the Superintendent for such purchases, up to a maximum amount of Two Thousand Dollars ($2,000.00). The technical equipment would then be the personal property of the Superintendent, and he would be responsible for service fees and maintenance costs of such equipment.
C. The Committee agrees to consult with the Superintendent regarding the technology and communications needs of the office of superintendent and how such needs will be met prior to making a decision about the alternatives set forth in Section 17(A) and (B), above. Notwithstanding any provision to the contrary in Section 17 of this Agreement, the Superintendent shall continue to use the technology provided under his previous employment contract with the District and shall not be eligible to replace such technology until Contract Year 2 which commences on July 6, 2012.
18. Outside Professional Activities. The Superintendent shall devote full time, attention and energy to the business of the School District. The Superintendent, however, may undertake speaking engagements, writing, or lecturing, whether paid or unpaid, provided such activities do not in any manner interfere or conflict with the performance of the duties and responsibilities as Superintendent or Chapter 268A of the Massachusetts General Laws. Such outside professional activities shall be reported with reasonable promptness to the Chair of the Committee.
19. Retirement. The Superintendent shall be entitled to participate in the Massachusetts Teachers Retirement System as required by M.G.L. c. 32, §2 and in accordance with applicable laws, regulations and rules.
20. Warranty of Credentials. The Superintendent represents and warrants the validity of the credentials and experience proffered to the Committee, and acknowledges and agrees that material misrepresentations therein shall constitute grounds for dismissal.
21. Termination of Agreement.
A. The Committee may terminate the employment of the Superintendent at any time during the term of this Agreement for good cause after written notice. "Good cause" as used herein shall mean, but is not limited to, any one or more of the following: misconduct, incompetence, inefficiency, conduct unbecoming a superintendent, physical or mental incapacity to perform the essential functions of the position with or without accommodation, failure to meet reasonable performance standards, insubordination. Upon such termination of this Agreement, the Superintendent will be paid the full amount of salary and other benefits or compensation eamed through the date of termination. This provision shall survive the termination of this Agreement.
B. The Superintendent may resign his position upon ninety (90) days written notice to the Committee.
C. This Agreement and the Superintendent's employment may be terminated at any time by mutual consent of both parties.
D. Termination of the Superintendent's employment shall terminate this Agreement. This provision shall survive the termination of this Agreement.
22. Indemnification. The Committee agrees, as a further condition of this Agreement that, in accordance with the provisions of M.G.L. c. 258, it shall defend, hold harmless and indemnify the Superintendent from any and all demands, claims, suits, actions, and legal proceedings brought against the Superintendent, in his individual capacity or official capacity as an agent and officer of the Committee, provided such actions relate to the conduct of the Superintendent while he was acting within the scope of his employment duties, and that he acted in good faith.
23. Notices. All notices under this Agreement shall be sent to the following:
|To Cambridge School Committee:||Cambridge School Committee
16 Felton Street
Cambridge, MA 02138
|To Superintendent:||Jeffrey M. Young
9 Stetson Way
Newton, MA 02468
or to such other address as the Superintendent submits in writing to the Committee.
All notices shall be effective when provided to the Committee and/or the Superintendent by United States mail, private tracked courier delivery, or confirmed receipt facsimile, and shall be deemed delivered as of the date of personal service by such courier or facsimile, or as of the date of deposit of such written notice in the United States mail.
24. Legal validity. This Agreement shall be governed by and construed in accordance with the laws and regulations of the Commonwealth of Massachusetts and is consistent with the policies, rules and regulations of the Committee. If any portion or provision of this Agreement is held unconstitutional, invalid, or unenforceable by any court of competent jurisdiction, the remainder of the Agreement will be considered severable, will not be affected, and will remain in full force and effect. The language of all parts of this Agreement shall be construed as a whole, according to its fair meaning, and not strictly for or against either party. The parties agree that any disputes shall be resolved or adjudicated in courts of the Commonwealth of Massachusetts.
25. Entire Agreement. This Agreement embodies the entire agreement between the Committee and the Superintendent and the parties acknowledge that there have been no inducements, promises, terms, conditions, or obligations made or entered into by either party other than those contained herein. This Agreement supersedes all prior Agreements between the parties. This Agreement may not be changed except by an agreement in writing signed by the parties.
26. Legal Representation and Understanding. Each party has had the opportunity to consult with counsel prior to executing this Agreement. Further, each party has cooperated in the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the same shall not be construed against any party. Each party has read this Agreement, understands the content of the document, and has executed it voluntarily.
IN WITNESS THEREOF, the parties have hereto signed and sealed this Agreement as of the day and year set forth above.
|JEFFREY M. YOUNG
Jeffrey M. Young, Ed. D.
|CAMBRIDGE SCHOOL COMMITTEE
Mayor David P. Maher, Chair (Seal)
CERTIFICATION OF EXECUTIVE SECRETARY TO THE SCHOOL COMMITTEE
THIS IS TO CERTIFY that this Agreement was approved, and the execution thereof on behalf of the Cambridge School Committee of Cambridge was authorized, by a vote of the Cambridge School Committee at a public meeting duly held on December 20, 2011 and has been made a part of the minutes of that meeting.
Patricia A. Berry
Acting Executive Secretary to the School Committee