1. ACSA Superintendents’ Symposium
Monterey, California
January 29, 2014
NEW SUPERINTENDENTS’ WORKSHOP
“Your First Superintendent Evaluation and
Contract Renegotiation”
Presented by:
Benjamin Picard, Superintendent
Sunnyvale School District
Gregory J. Dannis
Dannis Woliver Kelley
This training is provided for educational, compliance and loss-prevention purposes only and, absent the express, prior agreement of DWK, does not
create or establish an attorney-client relationship. The training is not itself intended to convey or constitute legal advice for particular issues or
circumstances. Contact a DWK attorney for answers to specific questions.
© 2014 Dannis Woliver Kelley

2. PART I:
Your First Superintendent Evaluation
Sunnyvale School District Practices
Evaluation:
• The Sunnyvale School District Superintendent evaluation
process is driven by various documents.
•
• The Governance Calendar establishes timelines.
(Handout)
• The employment contract establishes a date by which
the evaluation must be completed (9/01 of each year)
and outlines certain General Duties and Administrative
Functions.
© 2014 Dannis Woliver Kelley
2

3. Sunnyvale School
District Practices
Evaluation (cont.):
• Board Policies also outline multiple criteria: vision,
concepts & roles, governance standards and
administrative discretion by which performance can be
evaluated.
─ BP 2140 Evaluation of the Superintendent (Handout)
─ BP 2121 Superintendent’s Contract (Handout)
─ BP 2111 Superintendent Responsibilities and Duties
(Handout)
• And finally, most districts have a job description for the
position of Superintendent.
© 2014 Dannis Woliver Kelley
3

4. Sunnyvale School
District Practices
Evaluation (cont.):
• Annual leadership goals developed around the Seven Correlates
of Effective Schools and performance standards. (Handout)
─ It is the leadership goals and performance standards that
form the basis of the evaluation for the Superintendent in
Sunnyvale School District.
─ The leadership goals are developed annually by the
Superintendent and cabinet and publically approved by the
Board.
© 2014 Dannis Woliver Kelley
4

5. Sunnyvale School
District Practices
Evaluation (cont.):
─ The Superintendent is measured on a 5 point scale (0-4
with 0=Unsatisfactory and 4=Outstanding).
─ If the Superintendent performs in the Overall Assessment
at a level 2 or Met Expectations the Board shall consider
whether to extend the term of the employment for an
additional year, with the effect that the remaining term
after extension shall be three (3) years.
• Looking forward, the LCAP criteria could soon become an
integral part of the evaluation process.
© 2014 Dannis Woliver Kelley
5

6. 7 Correlates of
Effective Schools
© 2014 Dannis Woliver Kelley
6

7. LCAP CRITERIA
1.
2.
3.
4.
5.
6.
7.
8.
Basic Services - Williams Audit
Common Core State Standards
Access to a Course of Study
Student Achievement
Other Student Outcomes
Parent Involvement
Student Engagement
School Climate
© 2014 Dannis Woliver Kelley
7

8. PART II:
Your First Superintendent
Contract Renegotiation
A.
B.
C.
© 2014 Dannis Woliver Kelley
PROCESS
PROVISIONS
PERSON
8

9. A.
PROCESS
• Clearly identify Board negotiator (e.g.,
President).
• Common understanding of Board negotiator
role and authority.
• Who goes first?
• “Backwards map” time line to allow for
timely and appropriate ratification date.
© 2014 Dannis Woliver Kelley
9

10. A.
PROCESS
• Clarify ratification process:
─ Executive sessions (Board only)
─ Closed sessions (before, during or after written
instrument)?
─ Ratification & Approval
• Constraints on closed session discussion/action (e.g.,
setting compensation – Gov. Code 54957.6).
• Actual vote must occur in open session; no voting
and reporting out from closed session (Gov. Code
53262.)
© 2014 Dannis Woliver Kelley
10

11. A.
PROCESS
• Consider any “messages” Board and
Superintendent may wish to convey in open
session contract renewal and ratification.
─ Vote of Confidence.
─ Desire to keep Superintendent for long term.
─ Affirmation of Superintendent (and Board)
initiatives and direction.
─ Transparency: Create entire contract document
each renewal.
© 2014 Dannis Woliver Kelley
11

12. B. PROVISIONS
• TERM
─ Extend duration (from 2-3-4 years)?
─ Beware of evergreens!
• SALARY/BENEFITS
─
─
─
─
─
Tie to evaluation (with Board action).
Tie to other management employees.
Cafeteria/125 Plan?
Decreases/furloughs.
TSAs, annuities, STRS/PERS – start thinking now
and check recent laws (PEPRA).
© 2014 Dannis Woliver Kelley
12

13. B. PROVISIONS
• VACATION
─
─
─
─
Cap on carryover.
Cap on accumulation.
Cap upon contract termination.
Note: “Healthy lifestyle” issue for Board.
© 2014 Dannis Woliver Kelley
13

14. B. PROVISIONS
• EXPENSES
─
─
─
─
─
Flat amount.
Receipts/reimbursement.
Car allowance/mileage outside county.
Attendance at professional meetings.
Note: Public accountability/transparency issues
for Board.
© 2014 Dannis Woliver Kelley
14

15. B. PROVISIONS
• TECHNOLOGY: To facilitate Superintendent’s
performance of duties.
• DUTIES:
─ Personnel selection, organization and reorganization,
subject to Board approval (“The Board hires one
employee and s/he hires and is accountable for the
rest.”
─ Administrative: Policy, financial, budget, community
relations etc.
• EVALUATION:
─ Clear time lines.
─ Articulated and prioritized criteria.
─ Mid-year check-in?
© 2014 Dannis Woliver Kelley
15

16. B. PROVISIONS
• BOARD-SUPERINTENDENT RELATIONS:
─ Cooperation and teamwork (“the governance team”).
─ Board develops policy; Superintendent administers
polices/the District.
─ Board power is collective only – “Individual Board
members will not give direction to the Superintendent or
any staff member regarding the management of the
District or the solution of specific problems.”
─ Opportunity to discuss Board-Superintendent relations
(e.g., twice annually).
© 2014 Dannis Woliver Kelley
16

17. B. PROVISIONS
• TERMINATION:
─ Be candid and clear! Set forth each basis and process
separately.
─ Mutual consent.
─ Superintendent unilateral termination.
•
•
•
•
•
•
Notice time line.
Reimburse recruitment fees.
Unsolicited offers of employment.
Seeking employment.
When finalist?
Whom to contact?
© 2014 Dannis Woliver Kelley
17

18. B. PROVISIONS
• TERMINATION:
─
─
─
─
Non-renewal notice time line.
For cause/breach of contract – Clear Process!
Disability.
Board unilateral termination (no cause).
• Buyout length: 6-9-12-18 months.
• Lump sum payment or…?
• Offset if other employment (public/private)?
© 2014 Dannis Woliver Kelley
18

19. B. PROVISIONS
• CHECK FOR NEW LAWS
─ PEPRA.
─ Buyout amount (not yet).
─ AB1344
• Automatic renewal and CPI.
• Reimbursement for defense.
• Leaves of absence.
© 2014 Dannis Woliver Kelley
19

20. C.
PERSON
• Negotiations: A different
interaction/relationship than normal.
─ Acknowledge and discuss any
anxiety/awkwardness at the outset (Board
negotiator should too).
• Clarify the process first.
─ What are your obligations?
─ What are the Board’s obligations?
© 2014 Dannis Woliver Kelley
20

21. C.
PERSON
• Think first in terms of your values and
interests, rather than proposals or
demands.
─
─
─
─
─
Security (term).
Family plans (compensation, benefits).
Work/life balance (vacation).
Long range goals (TSAs, retirement benefits).
Work style/expectations (duties,
board/superintendent relations).
© 2014 Dannis Woliver Kelley
21

22. C.
PERSON
• What you propose will inform the Board – fairly
or not – what kind of person you are.
─
─
─
─
─
─
Reasonable and practical?
Sense of fairness?
Understands District politics and culture?
Sensitive to realities of District?
Knows how to prioritize/”pick the battles?”
Can think about best interests of District and self
simultaneously and strike appropriate balance?
© 2014 Dannis Woliver Kelley
22

23. C. PERSON
YOUR FIRST SUPERINTENDENT
CONTRACT RENEGOTIATIONS:
A BAROMETER OF THE LEVEL OF TRUST
EVOLVING BETWEEN
THE BOARD AND THE SUPERINTENDENT
© 2014 Dannis Woliver Kelley
23

24. THANK YOU!
Benjamin Picard, Superintendent
Sunnyvale School District
408-522-8200 ext. 202
benjamin.picard@sesd.org
Gregory J. Dannis
Dannis Woliver Kelley
415-543-4111
gdannis@DWKesq.com
© 2014 Dannis Woliver Kelley
24