Canton, Massachusetts · Saved source text

Superintendent - Fischer-Mueller - FY19-FY23

Budgets & Finance · Fiscal year 2019 · Record 0b72fea5c0759141b3

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CANTON PUBLIC SCHOOLS

Employment Contract for Superintendent of Schools
(07-01-2018 — 06-30-2023)

THIS AGREEMENT is made by and between the Canton School Committee
(hereinafter referred to as the “Committee”) and Jennifer Fischer-Mueller.

In consideration of the promises and mutual covenants herein contained, the
parties hereto agree as follows:

1.0 EMPLOYMENT

The Committee hereby employs Jennifer Fischer-Mueller as Superintendent of
Schools for the public schools of the Town of Canton, Massachusetts, and Jennifer
Fischer-Mueller (hereinafter referred to as the “Superintendent) hereby accepts such
employment with the terms and conditions set forth below.

2.0 TERM of AGREEMENT

2.1 The Superintendent shall be employed commencing on July 1, 2018 and
continuing until June 30, 2023. The Committee may, by specific action and with the
consent of the Superintendent, extend the termination date of the existing contract to
the full extent permitted by state law.

3.0 COMPENSATION

3.1 The Superintendent shall be paid an annual salary as set forth on
attachment A.

3.2 Longevity — The Superintendent shall be paid longevity pay, in the amount of
Five Thousand, Five Hundred ($5,500) Dollars, after the completion of Five (5) years, in
each year of the contract.

4.0 DUTIES and RESPONSIBILITIES

4.1 The Superintendent shall faithfully perform the duties as are derived from all
applicable federal, state, local laws and by-laws and from the job description, policies,
and regulations of the Massachusetts Department of Elementary and Secondary
Education, Board of Education and the Committee. The Superintendent may accept
speaking, writing, lecturing or other engagements of a professional nature of a short-
term duration, so long as they do not derogate from her duties as Superintendent.  The
Superintendent is responsible for ensuring that any such engagements do not present a
conflict of interest or otherwise violate the Massachusetts State Ethics Statute. The
Superintendent’s absence from the district on a regular work day for the purpose of

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pursuing her personal professional interests, rather than the interests of the district,
requires the approval of the Chairperson of the Committee.

5.0 WORK YEAR

5.1 The work year shall be on a twelve (12) month basis and the Superintendent
shall devote whatever time including evenings and/or weekends as may be required to
perform the duties of Superintendent of Schools.

6.0 LICENSES

6.1 The Superintendent shall furnish and maintain throughout the term of this
Contract a valid and appropriate license for the position of Superintendent of Schools in
the Commonwealth as required by Massachusetts General Laws Chapter 71, Section
38G.

7.0 ADMINISTRATION and SUPERVISION of SCHOOL DISTRICT

7.1 The Superintendent shall function as the chief executive officer of the school
district and shall have complete freedom, subject to law and any legally binding
contracts and policies of the Committee, to organize, reorganize and arrange the
administrative and supervisory staff in such way as in the Superintendent's judgment
best serves the school district. The administration of instruction and all business affairs
shall include the responsibility for selection, placement and transfer of personnel, which
shall be vested in the Superintendent and her staff, unless otherwise provided by law.

7.2 The Committee, individually and collectively, shall refer criticisms, complaints
and suggestions brought to its attention to the Superintendent for study and
recommendation, as appropriate to the circumstances.

8.0 REIMBURSEMENT for EXPENSES, EQUIPMENT and ADDITIONAL
COMPENSATION

8.1 Expenses - Upon the approval of the Chairperson, the Committee agrees to
reimburse the Superintendent for reasonable expenses incurred and paid by her in the
execution of her job as Superintendent.

8.2 Professional Memberships - The Committee shall pay the Superintendent's
dues for membership in the Massachusetts Association of School Superintendents
(MASS), the American Association of School Administrators (AASA), the Association for
Supervision and Curriculum Development (ASCD) and any other professional association
that the parties mutually agree on.

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8.3 Cell Phone - The Committee shall provide the Superintendent and pay the
monthly expenses of a cell phone/PDA for the purpose of conducting school business and
the occasional, incidental personal business. At the conclusion of her term as
Superintendent, this equipment shall remain the property of the Canton Public Schools.

8.4 Office Technology - The Superintendent's office will be equipped with up-to-
date computer hardware and software to enable her to fulfill her responsibilities as
Superintendent. This equipment shall include a laptop, which the Superintendent is free to
use outside of her office, including at her home. At the conclusion of her term as
Superintendent, this office equipment, including the laptop, shall remain the property of the
Canton Public Schools.

8.5 Disability Insurance - The Committee shall contribute One Thousand, Three
Hundred, Eight ($1,308.00) dollars per Contract Year toward the purchase of long-term
disability insurance.

8.6 Intentionally Left Blank

8.7 Life Insurance - The Committee shall contribute One Thousand, Five
Hundred, Ninety ($1,590.00) dollars per Contract Year toward the purchase of term or
whole life insurance.

8.8 Annuity - In addition to the Superintendent's regular compensation, the
Committee shall provide an annual lump sum payment of Seven Thousand, Five
Hundred ($7,500) dollars to the Superintendent for a contribution to an annuity contract
consistent with M.G.L. c. 71, § 37B and 403(b) of the IRS Code. This amount will
increase by Two Thousand, Five Hundred ($2,500.00) Dollars during each year of the
contract. The Superintendent may add her own contribution to the compensation paid
by the Committee.

9.0 STATE RETIREMENT SYSTEM

9.1 The Superintendent shall be a member of the Massachusetts Teachers’
Retirement System (MTRS) as required by the General Laws of the Massachusetts,
General Laws, Chapter 32, Section 2.

10.0 PERIODIC EXAMINATION

40.1 Whenever the Committee deems appropriate, the Committee may require
the Superintendent to undergo a medical and/or psychological examination to be
conducted by a medical doctor (M.D.) of the Committee’s own choosing to determine
the Superintendent's ability to perform the essential functions of her position, provided
the Committee pays for the cost of said examination to the extent it is not covered by a
health insurance program offered by the Town of Canton. The Superintendent's failure
to cooperate in any such examination shall be “good cause” for dismissal.

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11.0 INSURANCE BENEFITS

11.1 The Superintendent shall be entitled to all insurance (medical, hospital, life,
and workman’s compensation) benefits and all other fringe benefits currently available
to teachers and other administrators, such benefits not to be reduced unless expressly
provided for in this Contract or agreed upon in the future.

12.0 ANNUAL VACATION AND HOLIDAYS

12.1 The Superintendent shall receive Twenty Five (25) working days of vacation,
which shall be credited on the first day of each contract year, to be taken in the year in
which it is earned or the succeeding year. In the event that this Contract is terminated for
any reason prior to its expiration date, the Superintendent's vacation entitlement in the
year of termination shall be deemed earned pro rata on a monthly basis. A maximum of
ten (10) vacation days may be carried over into the following contract year; any additional
unused vacation days shall be deemed waived unless approved beforehand by the
Committee chairperson. In addition to said vacation days, the Superintendent shall be
entitled to leave with pay on each holiday recognized by the Commonwealth of
Massachusetts or the Committee. The Superintendent's use of vacation time is subject to
the Committee Chairperson’s approval, which shall not be unreasonably withheld.

12.2 Upon termination of employment, retirement, or death, all unused vacation
leave (subject to maximum of ten (10) days carry over permitted by Article 12.1) will be
paid based on 1/260 of the Superintendent's salary as of the last year of employment.

12.3 The Superintendent may cash in up to Ten (10) vacation days each year at
her per diem rate. For purposes of this and all other provisions of this contract, the per
diem rate shall be calculated by dividing the annual salary by 260.

13.0 LEAVES

13.1 Sick Leave — The Superintendent shall be entitled to fifteen (15) days of
sick leave during each year of this Contract. Sick leave shall be accumulated up to a
maximum of one hundred eighty (180) days. Notwithstanding the above, effective July
1, 2016, the Superintendent will be credited with sixty (60) days of sick leave until such
time as he has had an opportunity under the terms of this Contract, or any successor
Contract, to accrue such number of days. In addition to personal injury or illness, the
Superintendent may use a maximum of ten (10) days of her accrued paid sick leave
each year for illness in her immediate family (spouse, child, parent, or relative living
within her household).

13.2 Bereavement Leave — !n case of death during the school year of any
member of a Superintendent's family (grandparent, grandchild, brother, sister, mother-
in-law, father-in-law, brother-in-law, and sister-in-law), no reduction of salary or

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reduction in accumulated sick leave shall be made for absence not exceeding three (3)
school days. In case of death during the school year of a Superintendent's spouse,
parent, child, or person living in the Superintendent's household, no reduction of salary
or reduction in accumulated sick leave shall be made for absence not exceeding five (5)
school days. In case of death during the school year of a Superintendent's nephew,
niece, or other relative not mentioned elsewhere in this Section, one (1) day’s leave
without loss of pay or accumulated sick leave shall be granted on the day of the funeral.

43.3 Personal Leave- The Superintendent shall be entitled to three (3) personal
days during each year of her contract. Any unused personal leave at the end of each
contract year will be added to accrued sick days.

14.0 EVALUATION

44.1 Within 90 days of the execution of this Contract, the parties shall meet to
establish Committee goals and objectives for the ensuing school year. Said goals and
objectives shall be reduced to writing and be among the criteria by which the
Superintendent is evaluated as hereafter provided. On or prior to September first of
each succeeding school year, the parties will meet to establish goals and objectives in
the same manner and with the same effect as heretofore described.

14.2 The Committee shall evaluate and assess in writing the performance of the
Superintendent at least once per year during the term of this Contract.  The evaluation
and assessment shall be reasonably related to the position description of the
Superintendent and the goals and objectives set by the Committee for the year in
question.

15.0 PERFORMANCE

15.1 The Superintendent shall fulfill all aspects of this Contract. Any exceptions
thereto shall be by mutual agreement between the Committee and the Superintendent
and must be so noted in writing.
16.0 INDEMNIFICATION

46.1 The School Committee shall indemnify the Superintendent as required by

law. In addition, the Committee (or Town if applicable), at its discretion, may further
indemnify the Superintendent as permitted by law.

17.0 TERMINATION
In the event this Contract is terminated, any and all financial and other

obligations of either party under this Contract shall cease. This Contract shall be
terminated as follows:

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17.1 Mutual Agreement — This Contract may be terminated at any time by mutual
agreement of the parties.

17.2. Resignation — In the event that the Superintendent desires to terminate this
Contract before the term of service shall have expired, the Superintendent may do so by
giving at least 120 days written notice of such intention to the School Committee, with a
time for such termination to be jointly established between the Superintendent and the
School Committee.                                                 ;

17.3 Dismissal for Cause-.Notwithstanding any provision to the contrary, the
Committee may dismiss or suspend the Superintendent for good cause at any time
during the term of this Agreement. Prior to any such dismissal or suspension, the
Superintendent shall receive written notice of Committee’s intent to act, with an
explanation of the grounds therefore in sufficient detail to allow the Superintendent to
respond. If the Superintendent so requests, he will be given a reasonable opportunity
within fifteen days of the notice to review the decision with the Committee, at which
meeting the Superintendent may be represented by an attorney or other representative
(at her own expense) and may present information pertaining to the bases of the
decision and the Superintendent's status. Such meeting will be held in executive
session to the extent permitted by applicable law. “Good cause” shall mean any
grounds put forth by the Committee which are not arbitrary, irrational, unreasonable, in
bad faith or irrelevant to the sound operation of the school system

17.4 Disability — In the event of disability by illness or incapacity, the Committee
may terminate this Contract by written notice to the Superintendent at any time after the
Superintendent (a) has exhausted any accumulated sick leave and such other leave as
may be available, and (b) has been absent from her or her employment, for whatever
cause, for 180 days within any 12 month period or for 90 consecutive days. Ifa
question arises concerning the capacity of the Superintendent to return to her or her
duties, the Committee may exercise its option under Section 10.1 to require the
Superintendent to submit to a medical examination.

17.5 By Death of the Superintendent

18.0 ADMINISTRATIVE LEAVE

48.1 At any time during the term of this Contract when the Committee
Chairperson deems it in the best interest of the district, he or she may place the
Superintendent on administrative leave with full pay and benefits. Such administrative
leave shall continue until the Committee as a whole meets and decides otherwise.
19.0 ENTIRE AGREEMENT

19.1 This Contract embodies the whole agreement between the Committee and
the Superintendent and supersedes all prior agreements between the parties. There

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are no other inducements, promises, terms, conditions or obligations made or entered
into by either party other than those contained herein. This Contract may not be
changed except by a writing signed by the party against whom enforcement thereof is
sought.

20.0 WAIVER

20.1 The parties agree that any waiver of any term or provision of this
Agreement, by either party, shall not be binding upon the parties unless said waiver is in
writing and signed by both parties.
21.0 INVALIDITY

21.1 If any paragraph or part of this Agreement is invalid, it shall not affect the
remainder of said Agreement, but said remainder shall be binding and effective against
all parties.

22.0 CONSTRUCTION OF AGREEMENT
22.1 This Agreement shall be executed in triplicate, each of which shall

constitute an original and shall be construed in accordance with the laws of the
Commonwealth of Massachusetts as they are in effect on the date of execution.

IN WITNESS WHEREOF., the parties have hereunto signed and sealed this Agreement
in triplicate this Q4 day of Way 201,

For the CANTON SCHOOL COMMITTEE by:          Agreed and Assented to by:

hifer Fischer-Mueller, Ed.D
Superintendent

Mirliani, Chairperson of the Committee

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Attachment A (Revised - 5/3/2019)

Jennifer Fischer-Mueller
Employment Contract Salary Schedule
07-01-2018 - 06-30-2023

Contract Dates

Year

1            07-01-2018 - 06-30-2019
2            07-01-2019 - 06-30-2020
3           07-01-2020 - 06-30-2021
4          07-01-2021 - 06-30-2022
5           07-01-2022 - 06-30-2023

% Salary
Increase*

2.00%
2.00%
2.00%
2.00%

Annual Salary

$201,786
$207,046
$211,187
$215,410
$219,719

“If, at any time during the term of the contract the % salary increase in the Canton

Teachers Association ("CTA") agreement exceeds 2.00%, the School Committee

agrees to adjust the Superintendent's compensation using the % salary increase in the

CTA agreement.

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