Policy Revision: 10-10-12 Combined Policies CB, CBA, CBB, CBC, and CBE
Philosophy
The Superintendent is the Executive Officer of the Board, and under its direction he/she has general supervision of all schools and of all personnel of the District. He/She is responsible for management of schools within the policies established by the Board, and under Utah statutes and State Board of Education regulations and guidelines. Utah Code Ann. 53A-3-301
The Superintendent must assume much of the responsibility for success or failure of the school system. He/She should possess those qualities of leadership that motivate all members of his/her staff to work for improvement of the entire education program. It is his/her responsibility, assisted by his/her staff and under the general direction of the Board, to coordinate all available resources of the District in the development of an educational program designed to stimulate and motivate students to become effective, self-supporting, and law-abiding citizens of the State.
Qualifications
The Board shall appoint the Superintendent on the basis of outstanding professional qualifications. Utah Code Ann. 53A-3-301(2)(a) (2011)
The Superintendent shall hold a Master's Degree or a Doctorate Degree and an Administrative/Supervisory License issued by the Utah State Board of Education, except as outlined in the following paragraph.
The Board of Education may request, and the State Board of Education shall grant, a letter of authorization permitting a person with outstanding professional qualifications to serve as superintendent without holding an administrative/supervisory license. Utah Code Ann. 53A-3-301(5) (2011)
Responsibilities
The Superintendent shall be the educational leader and administrative manager of the District. The Superintendent shall implement the policies established by the Board, including:
1. Serving as the Board's Chief Executive Officer;
Utah Code Ann. 53A-3-301(1) (2011)
2. Hearing employee, student, parent and community concerns in accordance with Board policies;
3. Setting an exemplary standard to promote educational excellence as well as working harmoniously with
the Board to set educational goals and objectives reflecting the philosophy of the Board;
4. Reviewing and evaluating all aspects of the District's educational program, including facilities, and
reporting any areas of concern or potential problems; and
5. Serving as the Budget Officer for the District. Utah Code Ann. 53A-19-101 (1988)
Appointment
The Board shall appoint a District Superintendent of Schools who serves as the Board's Chief Executive Officer. Utah Code Ann. 53A-3-301(1) (2011)
The Superintendent's appointment shall normally occur at the Board's first meeting in June.
Interim Appointment
If it becomes necessary to appoint an Interim Superintendent due to a vacancy in the office of Superintendent, then the Board shall make an appointment during a public meeting for an indefinite term not to exceed one year, which term shall end upon the appointment and qualification of a new Superintendent.
However, an Interim Appointment shall be limited if it takes place during the time period between an election day where any new Board Member is elected and the date when the new Board Member or members takes office. (If all Board Members who stood for election are re-elected, this limitation does not apply.) Under this limitation, the Board may only make an interim appointment, and that appointment shall expire as soon as the new Board Member takes office and a new Superintendent is appointed by the newly constituted Board. Utah Code Ann. 53A-3-301(3), (8) (2011)
Oath of Office
The Superintendent shall take the following Constitutional Oath of Office:
"I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of Utah, and that I will discharge the duties of my office with fidelity."
Article IV, Section X, Utah State Constitution
Compensation and Benefits
The Board shall set the Superintendent's salary and other compensation for services in the June Board Meeting of each year.
Term of Office
The Superintendent's term of office begins July 1, and is for two years and/or until a successor is appointed and qualified. Utah Code Ann. 53A-3-301(3)(a) (2011)
The Board may not enter into an employment contract with the Superintendent that contains an automatic renewal provision. Utah Code Ann. 53A-3-301(3)(b) (2011)
Contract Renewal
At the January Board Meeting, the Board shall decide their intention to renew the Superintendent's contract. The Superintendent shall indicate at that time his/her intention in regard to continuing in the position. The Board, with a vote of two thirds of the full Board, may choose not to renew the contract at the end of the contract period.
Superintendent Evaluation
The Board may annually evaluate the Superintendent. In its sole discretion, the Board may make written evaluations of the Superintendent on a more frequent basis. Such evaluations may be prepared in Board meetings that have been closed to the public.
The Board shall furnish the Superintendent with a copy of the contemplated evaluation and may, in its sole discretion, discuss its conclusions with the Superintendent in a closed meeting.
Termination
The Superintendent may be terminated during the term of his/her appointment upon a vote of two thirds of the full Board.
No Adverse Actions Based on Unlawful Grounds
The Board's decision to terminate, dismiss, or take any other adverse employment action against the Superintendent shall not be based on the Superintendent's exercise of rights guaranteed by the Constitution, or based unlawfully on race, color, religion, sex, national origin, handicap, or age.
Causes for Termination
Causes for the termination of the Superintendent may include but are not limited to:
1. Deficiencies pointed out in evaluations, supplemental memoranda, or other communications;
2. Neglect of duties or responsibilities, or the conduct of personal business during school hours;
3. Incompetence or inefficiency in the performance of required or assigned duties;
4. Insubordination or failure to comply with Board directives, policies or administrative regulations;
5. Drunkenness or excessive use of alcoholic beverages; illegal use of drugs, hallucinogens, or other
controlled substances, or the possession, use, or being under the influence of alcohol, alcoholic
beverages, drugs or controlled substances while on school property, acting within the scope of the
Superintendent's duties, or attending any school- or District-sponsored activity;
6. Conviction of a felony, or any crime, involving moral turpitude;
7. Failure to meet the District's standards of professional conduct;
8. Disability, not otherwise protected by law, that impairs performance of required duties;
9. Immorality, which is conduct the Board determines is not in conformity with the accepted moral
standards of the community encompassed by the District;
10. Any activity, school-connected or otherwise, that, because of publicity given it or knowledge of it
among student, faculty, or community, impairs or diminishes the Superintendent's effectiveness in
the District;
11. Reasons specified in the individual employment contract reflecting special conditions of employment,
or failure to maintain a valid supervisory certificate;
12. Failure to maintain an effective working relationship, or maintain good rapport with parents, the
community, staff, or the Board;
13. Assault on an employee or student;
14. Falsification of records or other documents related to the District's activities;
15. Misrepresentation of facts to the Board or other District officials in the conduct of District business;
16. Mismanagement of District property;
17. Mismanagement of District financial resources; or
18. Failure to adequately provide for the safety of students.
Leave With Pay or Relief of Duties
The Board may, by majority vote, for any cause enumerated or for no cause, place the Superintendent on leave with pay or place him/her in another position with equivalent pay and employment-related benefits and such action shall not constitute termination. However, if these actions are taken for cause, the Superintendent is entitled to the notice set out in the following section and may request a hearing to contest the action as provided in the hearing section below.
Notice
Before the Superintendent is terminated or other employment action is taken based on cause, the Superintendent shall be given reasonable notice of the proposed action and the grounds set out in sufficient detail to fairly enable him/her to show any error that may exist. The Superintendent shall be advised of the names of adverse witnesses and the nature of their testimony.
Hearing
If, upon written notification, the Superintendent desires to be heard and contest the proposed action of the Board, the Superintendent shall make a written request for a hearing before the Board within 15 days of receiving the notification. The hearing shall be set on a date that affords the Superintendent reasonable time to prepare an adequate defense but not more than 30 days from the Board's receipt of the written request, unless postponed by mutual consent.
The Board may conduct the hearing in open session or in closed session if the meeting is properly closed under Policy BD, unless the Superintendent requests a public hearing, in which case the hearing shall be open to the public.
At the hearing before the Board, the Superintendent may employ counsel. The Superintendent also has the right to hear the evidence, upon which the charges are based, to cross-examine all adverse witnesses, and to present evidence of innocence or extenuating circumstances. Prior to termination or adverse action for cause, the Board shall determine the existence of good cause for the termination or action. Such determination shall be based solely on the evidence presented in the hearing. Termination may only be by a vote of two-thirds of the Board.
The Board shall notify the Superintendent of its decision within 15 days after the hearing.
Suspension
At the discretion of the Board by majority vote, the Superintendent may be placed on leave with pay pending the outcome of the termination hearing.
Notice to the State Board of Education
The President of the Board shall notify the Utah State Board of Education whenever the Board terminates or takes other employment action against the Superintendent and the termination or action is due to a final judicial or administrative determination or determination by the Board of immorality, or of unprofessional conduct, or professional incompetence which results in termination or suspension for more than one week, or which otherwise warrants review by the State Board of Education.
Utah Admin. Rule R277-514-5 (B) (2004)
