N.J. Admin. Code § 6A:23A-3.1

Current through Register Vol. 56, No. 8, April 15, 2024

Section 6A:23A-3.1 - Review of employment contracts for superintendents, assistant superintendents, and school business administrators

(a) The executive county superintendent shall review and approve, for all superintendents, superintendents reappointed pursuant to N.J.S.A. 18A:17-20.1, deputy superintendents, assistant superintendents, and SBAs, including any interim, acting, or person otherwise serving in these positions, in school districts, CVSDs, CSSSDs, and other school districts, except charter schools, within the county under the supervision of the executive county superintendent:

1. New employment contracts, including contracts that replace expired contracts for existing tenured and non-tenured employees;

2. Renegotiations, extensions, amendments, or other alterations of the terms of existing employment contracts that have been previously approved by the executive county superintendent; and

3. Provisions for contract extensions where such terms were not included in the original employment contract or are different from the provisions contained in the original approved employment contract.

(b) In counties where there is no executive county superintendent, an executive county superintendent from another county shall be designated by the Commissioner to review and approve all contracts in (a) above.

(c) The contract review and approval shall take place prior to any required public notice and hearing pursuant to N.J.S.A. 18A:11-11 and prior to the district board of education approval and execution of the contracts to ensure compliance with all applicable laws, including, but not limited to, N.J.S.A. 18A:30-3.5, 18A:30-9, N.J.S.A. 18A:17-15.1, and 18A:11-12.

1. The public notice and public hearing required pursuant to N.J.S.A. 18A:11-11 shall be applicable to a district board of education that renegotiates, extends, amends, or otherwise alters the terms of an existing contract with a superintendent, deputy superintendent, assistant superintendent, or SBA. It shall not apply to new contracts, including contracts that replace expired contracts for existing employees in one of the positions in (a) above, whether tenured or not tenured. Nothing shall preclude a district board of education from issuing a public notice and/or holding a public hearing on new contracts, including new contracts that replace expired contracts for existing tenured and non-tenured employees.

(d) In connection with the executive county superintendent's review of the contract, the district board of education shall provide the executive county superintendent with a detailed statement setting forth the total cost of the contract for each applicable year, including salary, longevity (if applicable), benefits, and all other emoluments.

(e) The contract review and approval shall be consistent with the following additional standards:

1. Contracts for each class of administrative position shall be comparable with the salary, benefits, and other emoluments contained in the contracts of similarly credentialed and experienced administrators in other school districts in the region with similar enrollment, academic achievement levels and challenges, and grade span.

2. No contract for a superintendent, including a superintendent reappointed pursuant to N.J.S.A. 18A:17-20.1 and any contract for an interim superintendent, acting superintendent, or person otherwise serving as superintendent, with the exception of any contract for a superintendent at a CVSD, jointure commission, CSSSD, or an educational services commission, shall include an annual salary in excess of the maximum salary amount plus, if applicable, additional school district salary increment(s), a high school salary increment, and/or additional administrative position salary increment. All additional administrative position salary increments are subject to review and approval by the executive county superintendent upon consideration of written submissions from the district board of education, which shall include justification that serving in the additional position is cost efficient and operationally feasible for the school district, as well as job descriptions outlining both positions. This increment is limited to one additional administrative position.

3. No contract for a superintendent who is to be paid on a per diem basis shall include a per diem payment amount that exceeds 1/260th of the maximum salary amount plus, if applicable, an additional school district salary increment(s), a high school salary increment, and/or additional administrative position salary increment. This paragraph shall be construed consistent with any tenure rights acquired pursuant to N.J.S.A. 18A:6-10 et seq.

4. No contract shall include provisions inconsistent with the travel requirements pursuant to N.J.S.A. 18A:11-12 and N.J.A.C. 6A:23A-7, including, but not limited to, the provisions for mileage reimbursement and reimbursement for meals and lodging in New Jersey. Any contractual provision that is inconsistent with law shall be superseded by the law.

5. No contract shall include provisions for the reimbursement or payment of employee contributions that are either required by law or by a contract in effect in the school district with other teaching staff members, such as payment of the employee's State or Federal taxes, or of the employee's contributions to FICA, Medicare, State pensions and annuities (TPAF), life insurance, disability insurance (if offered), and health benefit costs.

6. No contract shall contain a payment as a condition of separation from service that is deemed by the executive county superintendent to be prohibited or excessive in nature. The payment cannot exceed the lesser of the calculation of three months' pay for every year remaining on the contract with proration for partial years, not to exceed 12 months, or the remaining salary amount due under the contract.

7. No contract shall include benefits that supplement or duplicate benefits that are otherwise available to the employee by operation of law, an existing group plan, or other means; for example, an annuity or life insurance plan that supplements or duplicates a plan already made available to the employee. Notwithstanding the provisions of this section, a contract may contain an annuity where benefits are already contained in the existing contract between that employee and the school district.

8. Contractual provisions regarding accumulation of sick leave and supplemental compensation for accumulated sick leave shall be consistent with N.J.S.A. 18A:30-3.5 and 18A:30-3.6. Supplemental payment for accumulated sick leave shall be payable only at the time of retirement and shall not be paid to the individual's estate or beneficiaries in the event of the individual's death prior to retirement. Pursuant to N.J.S.A. 18A:30-3.2, a new district board of education contract may include credit of unused sick leave days in accordance with the new district board of education's policy on sick leave credit for all employees.

9. Contractual provisions regarding accumulation of unused vacation leave and supplemental compensation for accumulated unused vacation leave shall be consistent with N.J.S.A. 18A:30-9. Contractual provisions for payments of accumulated vacation leave prior to separation can be included but only for leave accumulated prior to June 8, 2007, and remaining unused at the time of payment. Supplemental payments for unused vacation leave accrued consistent with the provisions of N.J.S.A. 18A:30-9 after June 8, 2007, as well as unused vacation leave accumulated prior to June 8, 2007, that has not been paid, shall be payable at the time of separation and may be paid to the individual's estate or beneficiaries in the event of the individual's death prior to separation.

10. Contractual provisions that include a calculation of per diem for 12-month employees shall be based on a 260-day work year.

11. No provision for a merit bonus shall be made except where payment is contingent upon achievement of quantitative merit criterion and/or qualitative merit criterion:

i. A contract may include no more than three quantitative merit criteria and/or two qualitative merit criteria per contract year.

ii. The executive county superintendent shall approve or disapprove the selection of 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.

iii. A contract may provide for merit bonuses in an amount not exceeding 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 "extra compensation" for purposes of 17:3-4.1 and shall not be cumulative.

iv. The district board of education shall submit to the executive county superintendent a resolution certifying that a quantitative merit criterion or a qualitative merit criterion has been satisfied and shall await confirmation of the satisfaction of that criterion from the executive county superintendent prior to payment of any merit bonus.

12. No provision for a bonus shall be made except where payment is contingent upon achievement of measurable specific performance objectives expressly contained in a contract approved pursuant to this section, where compensation is deemed reasonable relative to the established performance objectives and achievement of the performance objectives has been documented to the satisfaction of the district board of education.

13. No provision for payment at the time of separation or retirement shall be made for work not performed except as otherwise authorized above.

14. No contract shall include a provision for a monthly allowance except for a reasonable car allowance. A reasonable car allowance shall not exceed the monthly cost of the average monthly miles traveled for business purposes multiplied by the allowable mileage reimbursement pursuant to applicable law and regulation and New Jersey Office of Management and Budget (NJOMB) circulars. If such allowance is included, the employee cannot be reimbursed for business travel mileage nor assigned permanently a car for official school district business. Any provision of a car for official school district business shall conform with N.J.A.C. 6A:23A-6.12 and shall be supported by detailed justification. No contract shall include a provision of a dedicated driver or chauffeur.

15. All superintendent contracts shall include the required provision pursuant to 18A:17-15.1, which states that in the event the superintendent's certificate is revoked, the contract is null and void.

16. No contract shall include a provision for additional compensation upon the acquisition of a graduate degree unless the graduate degree is conferred by a regionally accredited college or university as defined in N.J.A.C. 6A:9-2.1. No contract shall include a provision for assistance, tuition reimbursement, or additional compensation for graduate school coursework unless the coursework culminates in the acquisition of a graduate degree conferred by a regionally accredited institution college or university as defined in N.J.A.C. 6A:9-2.1.

(f) Any action(s) by the executive county superintendent undertaken pursuant to this subchapter may be appealed to the Commissioner pursuant to N.J.A.C. 6A:3, Controversies and Disputes.

N.J. Admin. Code § 6A:23A-3.1

Amended by 49 N.J.R. 1038(a), effective 5/1/2017