THIS AGREEMENT is made this December 21, 2010 BETWEEN THE BOARD OF EDUCATION OF WALLKILL VALLEY REGIONAL HS DISTRICT, SUSSEX COUNTY (hereinafter referred to as the ŇBoardÓ) 10 Grumm Road, Hamburg, New Jersey 07419 and Edward Bolcar (hereinafter referred to as the ŇChief School AdministratorÓ or ŇMr. BolcarÓ).
THIS EMPLOYMENT CONTRACT replaces and supersedes all prior Employment Contracts between the Parties hereto. Signature of this Contract constitutes assent to a rescission of any and all prior Contracts as well as agreement to the terms herein.
WITNESSETH:
WHEREAS, the Board desires to employ the Chief School Administrator as the Chief Education Officer of the school district; and
WHEREAS, the Board desires to provide the Chief School Administrator with a written employment contract in order to enhance administrative stability and continuity within the schools, which the Board believes generally improves the quality of its overall educational program; and,
WHEREAS, the Board and the Chief School Administrator believe that a written employment contract is necessary to describe specifically their relationship and to serve as the basis of effective communication between them as they fulfill their governance and administrative functions in the operation of the education program of the schools; and
WHEREAS, Mr. Bolcar is the holder of a standard certificate with school administrator endorsement which allows him to serve as Chief School Administrator;
NOW, THEREFORE, in consideration of the following mutual promises and obligations, the parties agree as follows:
ARTICLE I
EMPLOYMENT
The Board hereby agrees to employ Edward Bolcar as Chief School Administrator for the period of January 1, 2011 through 11:59 PM, June 30, 2014. The parties acknowledge that this agreement must be approved by the Sussex County Executive County Superintendent in accordance with applicable law and regulation.
ARTICLE
II
CERTIFICATION
The parties acknowledge that Mr. Bolcar possesses a standard certificate with school administrator endorsement from the New Jersey Department of Education.
If at any time during the term of this Agreement, Mr. BolcarŐs certification(s) is revoked, this Agreement shall be null and void as of the date of the revocation and without the necessity of further Board action.
A certified copy of Mr. BolcarŐs academic record, including course transcript for most recent degree earned, has been provided to the Board of Education and will be kept on file in the Board office. Mr. Bolcar is aware that the Board has relied on the information set forth therein and any material misstatement, omission, or misinformation may be grounds for termination.
ARTICLE
III
DUTIES
In consideration of employment, salary and fringe benefits established hereby, Mr. Bolcar hereby agrees to the following:
A. To faithfully perform the duties of Chief School Administrator for the Board and to serve as the Chief School Administrator in accordance with the Laws of the State of New Jersey, Rules and Regulations adopted by the State Board of Education, existing Board policies and those which are adopted by the Board in the future.
B. To devote his full time skills, labor, and attention to this employment during the term of this agreement; and, except as otherwise provided herein, further agrees not to undertake consultative work, speaking engagements, writing, lecturing, and other professional duties for compensation without written permission of the Board. Should Mr. Bolcar choose to engage in such outside activities on weekends, on his vacation time, or at other times when he is not required to be present in the district, he shall retain any honoraria paid. Mr. Bolcar shall notify the Board President in the event he is going to be away from the district on district business for two (2) or more school days in any week. Any time away from the district that is not for district business must be arranged in accordance with provisions in this contract governing time off. The Board recognizes that the demands of Mr. BolcarŐs position require him to work long and irregular hours, and occasionally may require that he attend to district business outside of the district.
C. To assume the responsibilities for the selection, renewal, placement, removal, and transfer of personnel, subject to the approval of the Board, by recorded roll majority vote of the full membership of the Board, and subject to applicable Board policies and directives. The Board shall not withhold its approval of any such recommendation for arbitrary or capricious reasons, in accordance with N.J.S.A.18A:27-4.1.
D. To non-renew personnel pursuant to N.J.S.A.18A:27-4.1 and provide a written statement of reasons for non-renewal upon written request from staff members.
E. To study and make recommendations with respect to all criticisms and complaints, which the Board, either by committee or collectively, shall refer to him. The Board will not take action on any such criticisms, complaints, and/or suggestions until they are discussed by the Board members at a scheduled meeting of the Board and a consensus sought to direct the Chief School Administrator to study, recommend, and/or take action.
F. To assume responsibility for the administration of the School District, including, but not limited to, programs, personnel, fiscal operations, instructional programs, and all duties and responsibilities therein will be performed and discharged by Mr. Bolcar or by staff at Mr. BolcarŐs direction.
G. Mr. Bolcar shall have a seat on the Board and the right to speak (but not vote) on all issues before the Board in accordance with applicable law. Mr. Bolcar shall attend all regular and special meetings of the Board, (except where a Rice notice has been served upon Mr. Bolcar notifying him that his employment will be discussed in closed session, and Mr. Bolcar has not requested that the meeting be conducted in public or where Mr. Bolcar has a conflict of interest). He shall attend Board committee meetings thereof, upon request, and he also may attend them when he believes it would benefit the District. He shall serve as advisor to the Board and said committees on all matters affecting the School District. The Board shall not hold any discussions regarding the Chief School AdministratorŐs employment, unless the Chief School Administrator is given written notice at least 48 hours in advance, is given the opportunity to address the Board in closed session, and is permitted to have a representative of his choosing speak on his behalf.
H. To suggest, from time to time, regulations, rules, policies, and procedures deemed necessary for compliance with law and/or for the well being of the School District.
I. To perform all duties incident to the Office of the Chief School Administrator and such other duties as may be prescribed by the Board from time to time. Mr. Bolcar shall, at all times adhere to all applicable federal and state statutes, rules, regulations, and executive orders, as well as district policies and regulations. Mr. Bolcar shall have the right to contact the BoardŐs attorney for legal assistance as the need arises in carrying out his duties.
ARTICLE IV
SALARY AND BENEFITS
A. Any adjustment in salary made during the life of this Employment Contract shall be in the form of an amendment and shall become part of this Employment Contract, but it shall not be deemed that the Board and Mr. Bolcar have entered into a new employment contract.
1. Salary. The Board shall provide the following salary as part of Mr. BolcarŐs compensation:
a.
Initial Salary. The Board shall pay Mr. Bolcar an
initial annual salary $137,500
dollars ($68,750) prorated for the 2010-11 school year. This prorated annual salary rate shall
be paid to Mr. Bolcar in accordance with the schedule of salary payments in
effect for other certified employees.
Initial salary includes $2500 high school premium.
b. Salary Schedule for Subsequent Years. For each subsequent year of this contract, the Board shall pay Mr. Bolcar an annual (July1 – June 30) salary in accordance with the following schedule:
2011-2012 Salary $140,250
2012-2013 Salary $143,055
2013-2014 Salary $145,916
2. The Chief School Administrator may be eligible for a non-pensionable merit
bonus per contract year, contingent upon the achievement of no more than three (3)
quantitative and/or two (2) qualitative merit criteria.
The Executive County Superintendent shall approve or disapprove the selection of the
quantitative merit and/or qualitative merit criteria and the data that forms the basis of
measuring the achievement of quantitative merit and/or qualitative merit criteria.
Such merit bonuses shall not exceed 3.33 percent of annual salary for each quantitative merit
criterion achieved and 2.5 percent of annual salary for each qualitative merit criterion
achieved. Any such merit bonus shall be considered Ňextra compensationÓ for purposes of
N.J.A.C. 17:3-4.1 and shall not be cumulative.
The Board shall submit a resolution to the Executive County Superintendent certifying that a
quantitative merit criterion or a qualitative merit criterion has been satisfied and shall
await a confirmation of the satisfaction of that criterion from the Executive County
Superintendent prior to payment of any merit bonus.
3. Notwithstanding the foregoing, no salary increase of any kind will take effect on July 1,
2014 unless the parties have agreed to a contract extension and that extension has been
approved by the Sussex County Executive County Superintendent. The terms of the
extension will govern all increases to take effect after July 1, 2014. Any renewal, extension,
or modification of this Agreement shall comply with the notice provisions of P.L.2007,c. 53,
the School District Accountability Act and N.J.A.C. 6A:23A-3.1 et seq.
B. Sick leave. Mr. Bolcar shall receive 12 sick days annually. For the 2010-11 school year, the sick day allotment shall be prorated. Unused sick leave days shall be cumulative in accordance with the provisions of Title 18A.
1. Upon retirement and notice to the board unused sick days will be reimbursed, at the rate of $50 per day. Reimbursement for sick days shall be consistent with the law in effect at the time this contract is signed. Such payment shall not exceed $15,000.00, and any such payment shall be made by the Board within thirty (30) days of the Chief School AdministratorŐs last day of employment.
2. Such compensation shall be payable only at the time of retirement from the state retirement system and shall be based on accrued but unused sick leave credited on the date of retirement. Accumulated unused sick leave compensation is personal to Mr. Bolcar, and shall not be paid to Mr. BolcarŐs estate or beneficiaries in the event of his death prior to retirement.
3. The Board has provided Mr. Bolcar with a sick leave bank of forty-two (42) sick days, which are available for immediate use. For each sick day Mr. Bolcar earns under this contract through June 30, 2014, the sick leave bank shall be reduced by an equal number of earned sick days. Thus, by June 30, 2014, there shall be no remaining sick days in the initial sick leave bank.
C. Professional Membership. Mr. Bolcar shall be entitled to an allowance for dues related to professional associations, including AASA, NJASA or similar organizations of Mr. BolcarŐs choice, up to $2,500.00. Mr. Bolcar also shall be entitled to reimbursement for expenses (up to $2,500) incurred for attendance at professional conferences, state mentoring fee, and similar expenses which he may incur while discharging the duties of Chief School Administrator. Such reimbursement shall comply with all applicable provisions of state laws, regulations, applicable OMB circulars, and with Board policy.
D.
Health Insurance.
1. The Board shall provide Mr. Bolcar, the same full family medical insurance plan that is provided to other professional employees of the district.
2. The Board will provide Mr. Bolcar with the same full family dental care plan that is provided to other professional employees of the district.
3. Mr. Bolcar will contribute 1.5% of salary towards his medical insurance as prescribed by law.
E.
Vacation Allowance.
1. Mr. Bolcar shall be entitled to an annual vacation of 22 working days per year, prorated to 1.84 days per month.
2. Mr. Bolcar shall take his vacation time after giving the Board President reasonable notice. School vacations do not constitute time off for Mr. Bolcar, unless he uses his leave time. Mr. Bolcar may take vacation days during the school year, upon notice to the Board President. Mr. Bolcar is expected to attend to the business of the district as required for the smooth and efficient operation of the school district. Mr. Bolcar shall document the use of accrued vacation days with the Board Secretary.
3. The Board encourages Mr. Bolcar to take his full vacation allotment each year; however, not more than 22 vacation days may be carried over by Mr. Bolcar for a maximum of one contract year. All days carried over must be used in the next year or those days not taken will be forfeited.
4. Upon separation from employment, the Board shall pay Mr. Bolcar for all unused vacation days at his per diem rate. The per diem rate shall be calculated as 1/260 of the current salary. This vacation compensation will be paid to Mr. BolcarŐs estate should he die during the term of this contract. Payment hereunder shall be made by the Board within thirty (30) days of the Chief School AdministratorŐs last day of employment.
F. Mr. Bolcar shall be entitled to all holidays granted to other administrators in the district.
G. Mr. Bolcar shall be entitled to 4 personal days, to attend to personal business during the school day, with full pay during the work year. Personal days may be taken during the school year with prior notice to the Board President. As much advance notice as possible of the request to take personal time will be given. Personal days are non-cumulative and non-reimbursable.
H. Mr. Bolcar shall be reimbursed at the prevailing state allowed per mile rate for mileage.
I. Mr. Bolcar will be entitled to a total of five (5) days of paid leave for family illness and/or bereavement per year. These days are non-cumulative and non-reimbursable.
J.The Board will reimburse Mr. Bolcar up to eighty dollars ($80) per month for usage costs of a communications device. The device will be purchased and maintained by Mr. Bolcar, and he shall submit invoices to the business office on a monthly basis.
ARTICLE V
ANNUAL EVALUATION
The Board shall evaluate the performance of Mr. Bolcar at least once a year in accordance with statutes, regulations and Board policy relating to Chief School Administrator evaluation. Each evaluation shall be in writing and shall represent a consensus of the board. A copy of the proposed final evaluation shall be provided to Mr. Bolcar, and Mr. Bolcar and the Board shall meet to discuss the findings before final action by the Board to approve same. The Board may meet in closed session to discuss the evaluation and Mr. BolcarŐs performance where a Rice notice has been served upon Mr. Bolcar giving notice that Mr. BolcarŐs employment will be discussed in closed session, and Mr. Bolcar has not requested that the meeting be conducted in public. The evaluations shall be based upon the criteria adopted by the Board, the goals and objectives of the district, and such other criteria as the State Board of Education shall by regulation prescribe. The Chief School Administrator shall have the right to respond in writing to the evaluation; this response shall become a permanent attachment to the Chief School AdministratorŐs personnel file upon the Chief School AdministratorŐs request. The final annual evaluation shall be adopted by the Board in April prior to the annual school district elections. Mr. Bolcar shall propose a schedule for evaluation for the next year to the Board President by the annual organization meeting each year.
ARTICLE VI
TERMINATION OF EMPLOYMENT CONTRACT
A. This Contract shall terminate, Mr. BolcarŐs employment will cease, and no compensation shall thereafter be paid, under any one of the following circumstances:
1) Failure to possess/obtain proper certification;
2) Revocation or suspension of the Chief School AdministratorŐs certificate, in which case this Agreement shall be null and void as of the date of revocation, as required by N.J.S.A.18A:17-15.1;
3) Forfeiture under N.J.S.A. 2C:51-2;
4) Mutual agreement of the parties;
5) Notification in writing by the Board to the Chief School Administrator at least 105 days prior to the expiration of this Contract of the BoardŐs intent not to renew this contract; or
6) Purposeful misrepresentation of employment history, educational and professional credentials, and criminal background.
B. In the event Mr. Bolcar is arrested and charged with a criminal offense which could result in forfeiture under N.J.S.A/ 2C: 51-2, the Board reserves the right to suspend him pending
resolution of the criminal charges. Such suspension shall be with pay prior to indictment, and may be with or without pay, at the BoardŐs discretion, subsequent to indictment, unless the Board certified contractual tenure charges.
C. Nothing in this contract shall affect the BoardŐs rights with regard to suspension under N.J.S.A. 18A:6-8.3 and applicable case law.
D. Mr. Bolcar may terminate this Employment Contract upon at least 60 calendar days written notice to the Board, filed with the Board Secretary, of his intention to resign.
ARTICLE VII
RENEWAL – NON RENEWAL
This contract shall automatically renew for a term of 3 calendar years, expiring July 1, 2017, unless one of the following occurs:
A. The Board by contract reappoints the Chief School Administrator for a different term allowable by law;
B. The Board notifies the Chief School Administrator in writing at least 105 days prior to the expiration of the contract, that he will not be reappointed at the end of the current term, in which case his employment shall cease upon the expiration of this contract; or
C. In accordance with such laws and regulations that would require nullification of this contract.
ARTICLE VIII
COMPLETE AGREEMENT
This agreement embodies the entire agreement between the parties hereto and cannot be varied except by written agreement of the undersigned parties.
ARTICLE IX
SAVINGS CLAUSE AND CONFLICTS CLAUSE
If, during the term of this agreement, it is found that a specific clause of the agreement is illegal under Federal or State law, the remainder of the Employment Contract is not affected by such a ruling and shall remain in full force. In the event of any conflict between the terms, conditions and provisions of this Employment Contract and the provisions of the BoardŐs policies or any permissive federal or State law, the terms of this Employment Contract shall take precedence over the contrary provisions of the BoardŐs policies or any such permissive law, unless otherwise prohibited by law.
ARTICLE X
DISTRICT GOALS AND OBJECTIVES
Within forty-five (45) days of the Chief School Administrator commencing employment in the District, the parties shall meet to establish the districtŐs goals and objectives for the ensuing school year. Said goals and objectives shall be reduced to writing and shall be among the criteria by which the Chief School Administrator is evaluated, as hereinafter provided. On or prior to June 1st of each succeeding school year, the parties will meet to establish the districtŐs goals and objectives for the next succeeding school year, in the same manner and with the same effect as heretofore described.
IN WITNESS WHEREOF, the parties have set their hands and seals to this Employment Contract effective on the day and year first above written.
CHIEF SCHOOL ADMINISTRATOR THE BOARD OF EDUCATION
___________________Date_________ _____________________Date________
Edward J. Bolcar, Jr. President
WITNESS: WITNESS:
________________________________ _________________________________
AGREEMENT
BETWEEN
THE WALLKILL VALLEY REGIONAL HIGH
SCHOOL
BOARD OF EDUCATION
AND
THE WALLKILL VALLEY REGIONAL HIGH
SCHOOL
CHIEF SCHOOL ADMINISTRATOR
Covering the Period
JANUARY 1, 2011
to
JUNE 30, 2014