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Superintendent Moffett's Contracts
Is she worth it? You be the Judge.

Contract No. 1, July 10, 1996

ADDENDUM NO.2, November 19,1997

Contract No. 2, May 20, 1998

 

Contract No. 1, July 10, 1996

SUPERINTENDENT OF SCHOOLS

EMPLOYMENT AGREEMENT

THIS AGREEMENT, made this 10 day of July, 1996, between the BOARD OF EDUCATION OF THE FREEPORT UNION FREE SCHOOL DISTRICT, Town of Hempstead, Nassau County, New York, hereinafter referred to as the "Board", and JOSEPHINE NELSON MOFFETT, residing at 629 Kappock Street, #4H, Riverdale, New York 10463, hereinafter referred to as "Superintendent".

WITNESSETH

FIRST: The Board does hereby appoint and employ Josephine Nelson Moffett as Superintendent of Schools in and for said District for the period commencing August 1, 1996, to and including July 31, 1999, subject, to terms, provisions and conditions hereinafter set forth.

SECOND: (a) The Superintendent does hereby accept such appointment and employment and agrees to perform all of the services and duties of and shall possess all of the authority now or hereafter imposed upon or granted to a superintendent of schools by the Education Law or other statute of the State of New York or rules or regulations of the Commissioner of Education.

(b) The parties acknowledge that they are both subject to the laws of the State of New York and applicable rules and regulations of the Board of Regents and the Commissioner of Education of New York and that said laws, rules and regulations govern their relationship and the determination of their respective powers and duties.

THIRD: (a) The Superintendent's term of employment shall be for a period of three years commencing on August 1, 1996, and terminating on July 31, 1999, unless further extended or sooner terminated as provided herein.

(b) Not prior to eight months before the contract expiration date, the Superintendent of Schools will notify the Board of Education in writing that the Board shall enter into deliberations with the Superintendent with regard to whether to extend the Superintendent's contract for an additional period. The Board agrees that on or before six months prior to the expiration of the contract, it will complete its deliberations and will notify the Superintendent in writing of its intention to renew or not to renew the Superintendent's contract. The Board's failure to notify the Superintendent not less than six months prior to expiration of the contract of its intention to renew or not to renew its contract will result in a single one year extension of this contract through July 31, 2000.

FOURTH: (a) The Board agrees to pay the Superintendent for each of the three years of this contract, as the Superintendent's salary, the sum of $125,000. In or about June, 1998, the Board will meet to consider whether to grant the Superintendent of Schools a merit increase for the 1998-99 school year. The Board's decision to grant a merit increase or to withhold such increase shall be solely within the discretion of the Board of Education.

(b) The Board will meet with the Superintendent by October 15th in each school year of this Agreement to determine the criteria upon which she will be evaluated and her general goals and objectives as well as those of the Board for that year, except that during the 1996-97 school year, such meeting shall occur in the month of November, 1996. The Board will meet with the Superintendent in June of each year to discuss its evaluation of her performance on the basis of such criteria, goals and objectives and to provide her with a written evaluation of her performance.

FIFTH: The Superintendent and her family shall be entitled to receive health insurance coverage during the term of this Agreement or any extensions, thereof. The District agrees to pay ninety (90%) percent of the cost of such premium. The Superintendent agrees to pay ten (1O%)percent of such cost. In addition, the Superintendent may participate in the District's Dental Insurance Plan on an individual basis at District expense. She may purchase the family dental plan at her own expense.

SIXTH: (a) Starting with the 1996—97 school year, the Superintendent shall accrue sick leave at the rate of sixteen and one-half days per year, pro-rated for the 1996-97 school year, and she shall continue to accumulate during the term of this contract as successively extended to a maximum accumulation of 180 days sick leave.

(b) The Superintendent shall upon commencement of her employment be credited with a sick leave bank of sixty(60) days. Upon earning sick leave during the course of her employment, unused sick leave will be deemed to replace a like number of the sick leave days in such bank until the sixty (60) day bank is entirely replaced by earned days. Replacement of sick bank days with earned days will occur on each December 31st following execution of this Agreement.

(c) At the time of retirement or resignation, the Superintendent shall receive a sick leave payment based upon one day's pay for every two days accumulated sick leave, to a maximum of 60 days, which payment shall be made at the rate of 1/220th of the Superintendent's annual salary at the time of such conversion. The Superintendent shall be compensated only for earned accrued vacation days, and there shall be no cash payment for any unearned sick days advanced in the sick leave bank provided in paragraph (b) above.

SEVENTH: The Superintendent agrees to relocate her residence to Nassau County within six months after the commencement of her service hereunder. The Superintendent agrees to make reasonable efforts to relocate her residence to Nassau County as soon as practicable.

EIGHTH: During the term of this Agreement and any extensions thereof, the District shall provide to the Superintendent a $50,000 face value term life insurance policy.

NINTH: The Superintendent shall attend, at District expense, such conferences, conventions and meetings pertaining to educational matters that the Superintendent and the Board agree are beneficial to the District's interests. In addition the District shall pay for profession publications, subject to Board approval, which approval shall not be unreasonably withheld.

TENTH: In addition to the foregoing, the Board shall provide a $2,000.00 account for the Superintendent's use for expenses necessary and proper to discharge of her duties or incurred in relation to her employment as Superintendent. The account shall be replenished upon Board approval and upon submission of receipts for expenditures hereunder.

ELEVENTH: The Superintendent shall be entitled to receive twenty-five (25) days vacation with pay during each school year, the time of which shall be mutually agreed to by the parties. Such vacation days shall be used during the year accrued. Vacation days remaining as unused upon the termination of employment shall be converted to their cash equivalent up to an amount not to exceed the value of 25 days, at the rate of 1/220th of the Superintendent's annual salary at the time of such conversion.

TWELFTH: The District agrees to provide a lump sum annual payment toward the purchase of a long-term disability policy for the benefit of the Superintendent. The District's contribution shall not exceed the amount paid by the District for the members of the central office staff, consisting of Assistant Superintendent of Schools.

THIRTEENTH: Throughout the term of this contract, the Superintendent shall be subject to discharge for good and just cause, and the Board shall not arbitrarily or capriciously call for her dismissal. The Superintendent shall have the right to service of detailed written charges, notice of hearing and a fair hearing before a hearing officer who shall make a recommendation to the Board. The final determination as to findings of fact and penalty shall rest with the Board. If the Superintendent chooses to be accompanied by legal counsel at the hearing, said legal expenses shall be incurred by the Superintendent.

FOURTEENTH: If, during the term of this contract, it is found that a specific clause of the contract is illegal under federal or state law, the remainder of the contract not affected by such a ruling shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written,

BOARD OF EDUCATION OF THE
FREEPORT UNION FREE SCHOOL DISTRICT

 

BY:

Albert Renken, E .D
President, Board of Education

 

Josephine Nelson Moffett
Superintendent of Schools

 

ADDENDUM NO.2, November 19,1997

EMPLOYMENT AGREEMENT

ADDENDUM NO.2 to an Employment Agreement dated July 10, 1996 between the BOARD OF EDUCATION OF THE FREEPORT UNION FREE SCHOOL DISTRICT (hereinafter "Board") and JOSEPHINE NELSON MOFFETT, residing at 629 Kappock Street, #4H, Riverdale, New York 10463, (hereinafter "Superintendent").

WITNESSETH

WITNESSETH, the parties have previously entered into prior written Employment. Agreements pursuant to which the Superintendent of Schools has been employed; and

WHEREAS, the parties wish to alter and amend said Agreements, effective November 19, 1997.

NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and for other good arid valuable consideration, it is agreed as follows:

1. Paragraph "FOURTH: (a)" of said Agreement dated
July 10, 1996 is hereby modified and amended,
effective November 19, 1997, to read as follows:

"FOURTH: (a) Effective November 19, 1997 and thereafter during the term of this Agreement, the Board agrees to pay the Superintendent an annual salary of One Hundred and Thirty Thousand ($130,000.00) Dollars per year, pro-rated through the conclusion of the 1997-98 school year. In or about June, 1998, the Board will meet to consider whether to grant the Superintendent of Schools a merit increase for the 1998-99 school year. The Board's decision to grant the merit increase or to withhold such increase shall be solely within the discretion of the Board of Education.

2. Other provisions of the Agreement of July 10, 1996 not specifically modified or amended herein shall remain in full force and effect.

IN WITNESS WHEREOF, the parties above-noted have hereunto set their hands and seals this 19th day of November, 1997.

BOARD OF EDUCATION OF THE FREEPORT
UNION FREE SCHOOL DISTRICT

BY: (Dante Grover)
President

JOSEPHINE NELSON MOFFETT

Contract No. 2, May 20, 1998

SUPERINTENDENT OF SCHOOLS
EMPLOYMENT AGREEMENT

THIS AGREEMENT, made this 2Oth, day of May, 1998, between the BOARD OF EDUCATION OF THE FREEPORT UNION FREE SCHOOL DISTRICT, Town of Hempstead, Nassau County, New York, hereinafter referred to as the "Board" and JOSEPHINE NELSON MOFFETT, residing at750 Kappock Street, Riverdale, New York 10463, hereinafter referred to as "Superintendent".

WITNESSETH

FIRST: The Board does hereby continues to appoint and employ Josephine Nelson Moffett as Superintendent of Schools in and for said District for the period commencing August, 1998, to and including July 31,2002, subject to terms, provisions and conditions hereinafter set forth.

SECOND: (a) The Superintendent does hereby accept such appointment and employment and agrees to perform all of the services and duties of and shall possess all of the authority now or hereafter imposed upon or granted to a superintendent of schools by the Education Law or other statute of the State of New York or rules or regulations of the Commissioner of Education.

(b) The parties acknowledge that they are both subject to the laws of the State of New York and applicable rules and regulations of the Board of Regents and the Commissioner of Education of New York and that said laws, rules and regulations govern their relationship and the determination of their respective powers and duties.

THIRD: (a) The Superintendent's term of employment shall be for a period of a total of four years commencing on August 1, 1998, and terminating on July 31,2002, unless further extended or sooner terminated as provided herein.

(b) Not prior to eight months before the contract expiration date, the Superintendent of Schools will notify the Board of Education in writing that the Board shall enter into deliberations with the Superintendent with regard to whether to extend the Superintendent's contract for an additional period. The Board agrees that on or before six months prior to the expiration of the contract, it will complete its deliberations and will notify the Superintendent in writing of its intention to renew or not to renew the Superintendent's contract.

The Board's failure to notify the Superintendent not less than six months prior to expiration of the contract of its intention to renew or not to renew its contract will result in a single one year extension of this contract through July 31, 2003.

FOURTH: (a) The Board agrees to pay the Superintendent for each of the four years of this contract, an increase of 2% per year and $5000 based on merit pay b) The Board will meet with the Superintendent by October 15th in each school year of this Agreement to determine the criteria upon which she will be evaluated and her general goals and objectives as well as those of the Board for that year. The Board will meet with the Superintendent in June of each year to discuss its evaluation of her performance on the basis of such criteria, goals and objectives and to provide her with a written evaluation of her performance.

FIFTH: The Superintendent and her family shall be entitled to receive health insurance coverage during the term of this Agreement or any extensions thereof. The District agrees to pay ninety (90%) percent of the cost of such premium.

The Superintendent agrees to pay ten (l0%) percent of such cost. In addition, the Superintendent may participate in the District's Dental Insurance Plan on an individual basis at District expense. She may purchase the family dental plan at her own expense.

SIXTH: (a) Starting with the 1996—97 school year, the Superintendent shall accrue sick leave at the rate of sixteen and one—half days per year, pro—rated for the 1996—97 school year, and she shall continue to accumulate during the term of this contract as successively extended to a maximum accumulation of 180 days sick leave.

(b) The Superintendent shall upon commencement of her employment be credited with a sick leave bank of sixty(60) days. Upon earning sick leave during the course of her employment, unused sick leave will be deemed to replace a like number of the sick leave days in such bank until the sixty (60) day bank is entirely replaced by earned days. Replacement of sick bank days with earned days will occur on each December 31st following execution of this Agreement.

(c) At the time of retirement or resignation, the Superintendent shall receive a sick leave payment based upon one day's pay for every two days accumulated sick leave, to a maximum of 60 days, which payment shall be made at the rate of 1/220th of the Superintendent's annual salary at the time of such conversion. The Superintendent shall be compensated only for earned accrued vacation days, and there shall be no cash payment for any unearned sick days advanced in the sick leave bank provided in paragraph (b) above.

SEVENTH: During the term of this agreement the district agrees to an allowance for the reimbursement of the cost of the use of her personal car for district business. The sum of $600 per month shall be paid to the Superintendent during each month of this agreement. The Superintendent will be provided with $5000 annuity program with a company already accepted by the BOE.

EIGHTH: During the term of this Agreement and any extensions thereof, the District shall provide to the Superintendent a $25,000 per year split dollar life insurance.

NINTH: The Superintendent shall attend, at District expense, such conferences, conventions, meetings and courses pertaining to educational matters that the Superintendent and the Board agree are beneficial to the District's interests.

In addition the District shall pay for professional publications, subject to Board approval, which approval shall not be unreasonably withheld. Article

TENTH: In addition to the foregoing, the Board shall provide a $2,000.00 account for the Superintendent's use for expenses necessary and proper to discharge of her duties or incurred in relation to her employment as Superintendent.

The account shall be replenished upon Board approval and upon submission of receipts for expenditures hereunder.

ELEVENTH: The Superintendent shall be entitled to receive twenty-five (25) days vacation with pay during each school year, the time of which shall be mutually agreed to by the parties. Such vacation days shall be used during the year accrued. The District agrees to allow the Superintendent payment for up to 10 vacation days per year at her current rate. Vacation days remaining as unused upon the termination of employment shall be converted to their cash equivalent up to an amount not to exceed the value of 25 days, at the rate of 1/220th of the Superintendent's annual salary at the time of such conversion.

TWELFTH: The District agrees to provide a lump sum annual payment toward the purchase of a long-term disability policy for the benefit of the Superintendent.

The District's contribution shall not exceed the amount paid by the District for the members of the central office staff, consisting of Assistant Superintendent of Schools.

THIRTEENTH: Throughout the term of this contract, the Superintendent shall be subject to discharge for good and just cause, and the Board shall not arbitrarily or capriciously call for her dismissal.

The Superintendent shall have the right to service of detailed written charges, notice of hearing and a fair hearing before a hearing officer who shall make a recommendation to the Board. The final determination as to findings of fact and penalty shall rest with the Board. If the Superintendent chooses to be accompanied by legal counsel at the hearing, said legal expenses shall be incurred by the Superintendent.

FOURTEENTH: If, during the term of this contract, it is found that a specific clause of the contract is illegal under federal or state law, the remainder of the contract not affected by such a ruling shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written,

 

BOARD OF EDUCATION OF THE
FREEPORT UNION FREE SCHOOL DISTRICT

BY: Dante Grover
President, Board of Education

Josephine Nelson Moffett
Superintendent of School

 

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