March 12, 2009 Regular Meeting
Regular Meeting of the Board of Trustees
March 12, 2009
Minutes
In attendance:
Emil Ronchi, Cathy Vaucher, Dr. John Sullivan, John McEnaney, Chris Fauci, Mr. Sousa, Matt Cronin, Nina Cullen Hamzeh. Ms Canavan arrived at 7:12. Dr. Sullivan departed at 8:35 PM. Not Present: Dr. Alice de Koning
Also Present: Dr. Albert Argenziano, Interim Managing Director.
Location: Eighth Grade Science Classroom at the Marblehead Community Charter Public School, 17 Lime St, Marblehead MA 01945
The Board of Trustee Chair, Mr. Emil Ronchi opened the meeting at 7:06 P.M.
He went on to call for public comment. Several individuals addressed the Board of Trustees on the matter of Managing Director’s position.
Decision: Mr. McEnaney moved and Mr. Fauci seconded a motion to approve the minutes of the September 4, 2008 Regular Meeting of the Board of Trustees.
Yeas: 8 Nays: 0 Abstain 0 Motion Passes
Decision: Mr. McEnaney moved and Dr Sullivan seconded a motion to approve the minutes of the February 25, 2009 Regular Meeting of the Board of Trustees.
Yeas: 7 Nays: 0 Abstain 1 Motion Passes
The Chair informed the Board that he has appointed members of the Expansion Task Force, with a letter confirming their appointments attached. He then recognized Ms. Pam Miller from the Expansion Task Force to provide their first update to the Board of Trustees. Ms Miller, who is the Clerk of the Expansion Task Force, reported that the Task Force began by reviewing the School’s mission, completing introductions, and holding discussions to help begin focusing on their assignment. Additionally, Dr. Argenziano provided Trustees copies of several reference documents he shared with the Task Force, attached.
Mr. Ronchi recognized Ms Vaucher, Chair of the Governance Committee. Ms Vaucher began by informing the Trustees that she has received the approval from the Department of Elementary and Secondary Education for Dr. Alice de Koning to serve as a Trustee. Ms Vaucher has also informed Dr. de Koning of her approval.
Ms Vaucher then provided a brief presentation to the Trustees on the manner in which votes are counted under the terms of our By Laws. The key point that she stressed is that because our By Laws base votes on number of Trustees present, and not number of Trustees voting, the effect is that all voting results are based on counting Yeas vs ‘Not Yeas’, and that votes such as an abstain or recusal have the same effect as a “No” vote. A copy of her presentation is attached.
The Chair also asked Ms Vaucher to provide an update on the date of the Community Meeting. She stated that the meeting was scheduled for April 30, 2009.
Mr. Ronchi recognized Dr. Sullivan to provide the Treasurer’s report, which is attached. Dr. Sullivan shared that the Finance Committee met on March 11, 2009 and discussed several topics, all reflected in the attached report.
The Chair called a recess at 7:40 PM
The Chair called the Board back into session at 7:51.
Mr. Cronin, Ms Cullen Hamzeh and Mr. Fauci departed the meeting.
Mr. Ronchi recognized Ms Canavan who provided a brief update on the status of contract negotiations with Ms Cullen Hamzeh to serve as the Academic Director. She summarized the terms of the contract, which is attached.
Decision: Ms Canavan moved and Dr. Sullivan seconded that the Board approve the terms of the contract being offered to Nina Cullen Hamzeh as Academic Director effective July 1, 2009 as attached.
Yeas: 5 Nays: 0 Abstain 1 Mr. McEnaney abstained. Motion Passes
Mr. Cronin, Ms Cullen Hamzeh and Mr. Fauci returned to the meeting.
Mr. Ronchi move on to the issue the Managing Director’s position.
Decision: Mr. McEnaney moved and Ms Vaucher seconded that the Board of Trustees create a full time position for Managing Director, based on the previously approved Managing Director’s Position Description, effective July 1, 2009. Further, the Board of Trustees will immediately begin a search for a qualified individual to fill the position.
Discussion: There was significant discussion among Trustees on the appropriateness of filling this position as a full time position at this point. Mr. Ronchi suggested to Trustees that given the economic uncertainty we are facing that it is in the School’s best interest to not fill the position on a full time basis and to conserve the cash and add the cash saved to our reserves. Mr. McEnaney suggested that we have adopted a vision and new leadership model based on a having a Managing Director’s position, and that to not fill it would be to delay action on this important part of the vision. However, he also acknowledged that it was also a part of our Vision to ensure our financial stability and to grow our cash reserves. He asked Trustees to recognize that regardless of how they voted, they were choosing to move forward with one element of our vision, while delaying full implementation of another element.
Yeas: 2 Nays: 6 Abstain 1 Motion Fails
Decision: Mr. McEnaney moved and Dr. Sullivan seconded that the Board of Trustees fill the Managing Director position, based on the previously approved Managing Director’s Position Description, on a part time contracted basis, effective July 1, 2009 and continuing through June 30, 2010 unless this Board converts the position to full time prior to that date. Further, the Board authorizes the Board Chair, or his designate(s), to enter into negotiations with Dr. Albert F. Argenziano for the purpose of negotiating a contract to serve as the Managing Director for the Marblehead Community Charter Public School on a contracted basis for the 2009-2010 school year, effective July 1, 2009.
Amendment: Mr. McEnaney moved to amend the motion and Mr. Fauci seconded the amendment to read: The Board of Trustees fill the Managing Director position, based on the previously approved Managing Director’s Position Description, on a part time contracted basis, effective July 1, 2009 and continuing through June 30, 2010 unless this Board converts the position to full time prior to that date.
Yeas: 9 Nays: 0 Abstain 0 Amendment Passes
The amended motion is now the Main Motion:
Decision: Mr. McEnaney moved and Dr Sullivan seconded that the Board of Trustees fill the Managing Director position, based on the previously approved Managing Director’s Position Description, on a part time contracted basis, effective July 1, 2009 and continuing through June 30, 2010 unless this Board converts the position to full time prior to that date.
Amendment: Ms Canavan moved to amend the motion and Mr. Ronchi seconded the amendment for the motion to read: The Board of Trustees task the Personnel Committee to develop Job Description for Part Time Managing Director for the period of July 1, 2009 and continuing through June 30, 2010 and that the Personnel Committee report to the Board of Trustees at the April Regular meeting of the Board of Trustees.
Yeas: 8 Nays: 1 Abstain 0 Amendment Passes
In New Business, Ms Vaucher disclosed that she had been teaching a cooking enrichment for the past two terms, and will not be teaching for the third term. As a result, she has several ingredients that she was reimbursed by the school for that are opened, and are not usable by the School now (i.e. bag of flour, bag of sugar). She has agreed with Ms Wright, the enrichment coordinator, that she will estimate the value of the remaining ingredients and will reimburse the school for their value.
Decision: Chair moved and Ms Vaucher seconded that the Board adjourn to executive session under exception seven of the Open Meeting Law, MGL Chapter 30A Section 11A1/2 for the express purpose of reviewing, approving, and determining the release status of the Executive Session Minutes for February 25, 2009.
Ms Canavan, Yes; Ms Vaucher, Yes; Mr. Ronchi, Yes; Mr. McEnaney, Yes; Mr. Fauci, Yes; Ms Cullen Hamzeh, Yes. Mr. Cronin, Yes. Mr. Sousa, Yes. Motion passes
The Chair noted that the Board did expect to return briefly to open session at the conclusion of the Executive Session. The Chair also invited Dr. Argenziano to join the Trustees in Executive Session.
The Chair adjourned the meeting to Executive Session at 8:35 PM
The Chair called the meeting back to Regular Session at 9:10 PM
The Chair recognized the Clerk who informed the Board that there was not a final vote on the previous, amended motion regarding the part time position for the Managing Director. The Chair called the motion to vote.
Decision: The Board of Trustees task the Personnel Committee to develop Job Description for Part Time Managing Director for the period of July 1, 2009 and continuing through June 30, 2010 and that the Personnel Committee report to the Board of Trustees at the April Regular meeting of the Board of Trustees.
Yeas: 7 Nays: 1 Abstain 0 Amendment Passes
The Chair noted that in Executive Session the Board was informed that a parent filed an application for complaint against four members of the faculty. Three of the four complaints have been dismissed. One additional application has not yet been address by the Clerk Magistrate.
Decision: Mr. McEnaney moved and Ms Canavan seconded a motion to adjourn.
Yeas: 8 Nays: 0 Motion Passes
The Chair adjourned the meeting at 9:15 PM
Respectfully Submitted
John T. McEnaney
Clerk
<!--[if supportFields]>
Expansion Task Force Appointment Letter
Mr. John McEnaney
Clerk
MCCPS Board of Trustees
March 12, 2009
Mr. McEnaney,
Please note the following for the record.
In accordance with Article IV, Section 1 of the MCCPS By-Laws Dated April 3, 2008, I appoint the following individuals to the Expansion Task Force, to serve through June 30, 2008 unless the Task Force is continued through action of the Board of Trustees.
Name
Al Argenziano
Kathryn Carey
Nina Cullen-Hamzeh
Chris Fauci
Michelle Hasty
Mark Klopfer
Jonathan Lederman
Lori Mackay
Pam Miller-- CLERK
Susan Post Munafo
Mike Ruth
Katie Souza
These appointments are effective immediately.
Sincerely,
//Signed//
Emil Ronchi
Chair
MCCPS Board of Trustees
To: Staff
From: Dr. Albert F. Argenziano
Re: Additional Space Thoughts and Considerations
Date: February 2009
The Board of Trustees has begun discussion regarding the additional space available at our present site. The total square footage is 7321 square feet. We are looking to occupy this space, if negotiations go well, in August 2010. I am seeking thoughts and considerations from staff. Some ideas already formulated are as follows.
Option I: If we were to add a third section of grade 4,5,6,7,8, over a five year period of time, we would need 800 square feet per classroom, storage space and a teacher workroom resulting in a total of 4600 square feet.
Option II +: Use the additional space for the following:
Science Laboratory and prep space 1200 sq. ft.
Technology Laboratory 1200 sq. ft.
Guidance Station 500 sq.ft.
Nurse’s station and rest areas (male & female) 1000 sq.ft.
Library/Media Center 3000 sq. ft.
Performance Arts Center 3000 sq. ft.
Expand Teacher work area - 500 sq. ft.
Expand teacher meeting area - 500 sq.ft.
Expand secretarial area - 500 sq.ft.
Add bathroom facilities - 800 sq.ft.
Expand kitchen area - 2000 sq.ft.
Expand Community Room area - 2000 sq.ft.
Total: 16,200 sq.ft.
Option III: - Utilize space for a daycare center for 3 & 4 year olds.
Lg space - 2000 sq.ft.
Play space - 1000 sq.ft.
Bathroom facilities - 500 sq.ft.
Separate entrance
Separate feeding area
Separate area for Nurse/ Health Area 2000 sq.ft.
Option IV: open for suggestions
|
MHD |
Siblings |
Out of Town |
TOTAL |
|
|
Grade 4 |
46 |
25 |
29 |
100 |
|
Grade 5 |
4 |
1 |
36 |
41 |
|
Grade 6 |
6 |
1 |
17 |
24 |
|
Grade 7 |
1 |
2 |
5 |
8 |
|
Grade 8 |
0 |
0 |
3 |
3 |
|
176 |
||||
|
additional since 02/16/2009 not included in first lottery |
||||
|
Grade 4 |
1 |
3 |
||
|
Grade 5 |
1 |
|||
|
Grade 6 |
1 |
|||
|
Grade 7 |
1 |
|||
|
Grade 8 |
||||
Report of the Treasurer, March 12, 2009
March 12, 2009
To: MCCPS Board of Trustees
From: John D. Sullivan, Ph.D. – Treasurer
Re: Finance Committee Meeting – March 11, 2009
Dear Trustees:
The finance committee met on March 11th to review the current financial condition of our
The Finance Committee also discussed the long-term debt associated with the school’s expansion. We currently have $175 thousand on our balance sheet that will come due in 2010. As of June 2009, Jeff Barry will need to reclassify this liability from long-term to a “current” liability. I have asked Jeff to set up a meeting with Mass Development to discuss refinancing. There are several options we can consider: Refinancing the remaining balance over five years at a lower or the same rate, rolling the debt into a purchase of the building, or refinancing over a ten year period. My feeling is that we should refinance over a five year period with the option to pay the entire amount without penalties. While the ten year period would reduce our monthly payments, we would receive no other benefit from this since we do not need any tax shields nor do we pay taxes. However, if we do decide to purchase the building and the rate is favorable, I would just as soon roll the debt.
The committee also reviewed the draft of the budget for fiscal 2010. The budget will need to be revised between now and our April meeting, but I can provide you with some general assumptions and my opinion of where we stand. There are two moving targets when we pull the budget together. The first is on the expense side. By now we really have a handle on where we spend our money and the school has done well over the last twenty-four months managing our expenses. We don’t expect any major changes here for fiscal 2010. We have discussed a modest increase in salaries and what capital expenditures we have to commit to and what others can be delayed.
It’s the revenue side of the model that carries uncertainty. Dr. Argenziano feels that under the current proposed budget, our revenue per student will remain flat. In the coming weeks, we should be able to confirm this. Combining the flat revenue with a small increase in expenses (also including a full-time Managing Director) our surplus will fall to approximately $16,000 or break even. Given where we need to go to be financially free, this is not the best position to be in. By staying with the part-time Managing Director position, I can save an additional $50,000 per year. I have asked Jeff Barry to go back and take another look at the budget. I would like to have $100,000 in a surplus for 2010.
I do understand the desire for a full-time Managing Director, but the timing is wrong. I stated two years ago that given what the school had gone through, we would need three to five years to get back on track. The budget represents Year 3.
I have been in finance for over twenty years in both the academic and industry environments. I have never seen an economy like this one. I would urge caution with regards to our finances. Now is not the time to take chances.
|
MCCPS FY09 Operating Budget |
|||||
|
Adjusted |
|||||
|
|
Approved |
Estimated |
Actual |
Variance |
|
|
ITEM |
DESCRIPTION |
FY09 Budget |
Budget 7 mo |
July-January |
|
|
Assumed average PPE |
$10,222 |
||||
|
# of Feb. 15th enrollees |
230 |
||||
|
CASH SOURCES: |
|||||
|
1 |
STATE REIMBURSEMENT |
$2,351,060 |
$1,371,452 |
$1,399,808 |
|
|
2 |
FUNDRAISING - SCHOOL |
$30,000 |
$17,500 |
$35,922 |
|
|
3 |
OTHER |
$3,500 |
$2,042 |
$8,332 |
|
|
4 |
STUDENT ACTIVITY FUND |
$17,250 |
$10,063 |
$12,046 |
|
|
5 |
MCCPS EDUCATION FOUNDATION |
$34,000 |
$19,833 |
$19,092 |
|
|
6 |
INTEREST INCOME |
$1,000 |
$583 |
$171 |
|
|
TOTAL CASH SOURCES |
$2,436,810 |
$1,421,473 |
$1,475,372 |
$53,899 |
|
|
PERSONNEL: |
|||||
|
7 |
SALARIES |
$1,602,054 |
$934,532 |
$955,422 |
|
|
8 |
ENRICHMENT |
$25,000 |
$14,583 |
$8,713 |
|
|
9 |
SUBSTITUTE TEACHERS |
$0 |
$0 |
||
|
10 |
BENEFITS |
$225,285 |
$131,416 |
$114,348 |
|
|
11 |
STAFF DEVELOPMENT |
$2,500 |
$1,458 |
$3,036 |
|
|
12 |
SEARCH COSTS |
$1,000 |
$583 |
||
|
Sub-Total |
$1,855,839 |
$1,082,573 |
$1,081,520 |
($1,053) |
|
|
DIRECT STUDENT SUPPORT: |
|||||
|
13 |
TEACHER'S SUPPLIES |
$3,500 |
$2,042 |
$4,576 |
|
|
14 |
CURRICULUM SUPPLIES |
$17,500 |
$10,208 |
$8,215 |
|
|
15 |
STUDENT SUPPLIES |
$3,500 |
$2,042 |
$17,548 |
|
|
16 |
SPED SUPPLIES |
$1,500 |
$875 |
$1,812 |
|
|
17 |
COMPUTER SUPPORT |
$2,500 |
$1,458 |
$1,670 |
|
|
18 |
COMPUTERS |
$10,000 |
$5,833 |
||
|
19 |
FURNISHINGS |
$2,000 |
$1,167 |
||
|
20 |
ALEKS |
$8,050 |
$4,696 |
||
|
21 |
NURSING SUPPLIES |
$1,200 |
$700 |
$183 |
|
|
Sub-Total |
$49,750 |
$29,021 |
$34,004 |
$4,983 |
|
|
OCCUPANCY: |
|||||
|
22 |
RENT |
$239,515 |
$139,717 |
$139,757 |
|
|
23 |
MAINTENANCE |
$20,000 |
$11,667 |
$22,949 |
|
|
24 |
CUSTODIAL SERVICES |
$22,000 |
$12,833 |
$4,183 |
|
|
25 |
CUSTODIAL SUPPLIES |
$7,500 |
$4,375 |
$4,780 |
|
|
26 |
UTILITIES |
$63,500 |
$37,042 |
$24,085 |
|
|
Sub-Total |
$352,515 |
$205,634 |
$195,755 |
($9,879) |
|
|
OFFICE & ADMINISTRATION: |
|||||
|
27 |
SUPPLIES |
$3,500 |
$2,042 |
$2,226 |
|
|
28 |
EQUIP & COMM |
$12,500 |
$7,292 |
$6,320 |
|
|
29 |
LEGAL & ACCOUNTING |
$10,000 |
$5,833 |
$9,734 |
|
|
30 |
PAYROLL SERVICE |
$4,000 |
$2,333 |
$2,454 |
|
|
31 |
PRINTING & COPYING |
$500 |
$292 |
$474 |
|
|
32 |
POSTAGE & SHIPPING |
$4,000 |
$2,333 |
$469 |
|
|
33 |
INSURANCE |
$21,443 |
$12,508 |
$12,061 |
|
|
34 |
ANNUAL REPORT |
$500 |
$292 |
||
|
35 |
BOARD EXPENSES |
$500 |
$292 |
$3,888 |
|
|
36 |
FINANCE CHARGES |
$8,500 |
$4,958 |
$5,211 |
|
|
37 |
FUNDRAISING |
$10,000 |
$5,833 |
$8,760 |
|
|
38 |
ADMISSIONS |
$2,500 |
$1,458 |
$3,558 |
|
|
39 |
HoS DISCRETIONARY |
$1,500 |
$875 |
||
|
Sub-Total |
$79,443 |
$46,342 |
$55,154 |
$8,813 |
|
|
Sub-Total, Cash Disbursed |
$2,337,547 |
$1,363,569 |
$1,366,433 |
$2,864 |
|
|
40 |
DEBT SERVICE |
$44,789 |
|||
|
41 |
CAPITAL EXPENDITURES |
$13,500 |
|||
|
TOTAL CASH DISBURSED |
$2,395,836 |
$1,363,569 |
$1,366,433 |
$2,864 |
|
|
|
|||||
|
42 |
Excess/(Deficit) |
$40,974 |
$57,903 |
$108,939 |
$51,036 |
|
Margin |
1.7% |
4.1% |
7.4% |
||
|
|
|
||||
|
Includes latest 1 to 1 aid hire plus benefit ratio |
|||||
|
Approved budget had excess of $50K |
|||||
|
Increase due to DOE projected reimbursement |
|||||
|
*Accrued Revenue based on Q1 & Q2 Revenue |
|||||
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Academic Director’s Contract, effective July 1, 2009
DRAFT EMPLOYMENT AGREEMENT
THE PARTIES INTEND THIS AGREEMENT made this _____ day of ____________, 2009, between the Marblehead Community Charter Public School (hereinafter MCCPS) and Ms. Helena (Nina) Cullen-Hamzeh, Academic Director, to reflect the terms of the employment agreement between said parties as understood and agreed upon for the duration of this contract from July 1, 2009 to June 30, 2011.
TERMS OF EMPLOYMENT
MCCPS agrees to employ Helena (Nina) Cullen-Hamzeh, as Academic Director, and she agrees to accept the position, pursuant to the terms and conditions contained herein;
In consideration of the terms contained herein, the sufficiency of which is hereby acknowledged, the parties agree to the following:
<!--[if !supportLists]-->1. <!--[endif]-->Employment Term: The School agrees to employ Helena (Nina) Cullen-Hamzeh, (hereinafter Ms. Cullen-Hamzeh) as the Academic Director, for a term commencing on July 1, 2009 to June 30, 2011, subject to earlier termination as provided herein or subject to the By-Laws of MCCPS, whichever occurs first (hereinafter called the “Employment Term”).
<!--[if !supportLists]-->2. <!--[endif]-->Duties: Ms. Cullen-Hamzeh shall hold the position of Academic Director of MCCPS and agrees to perform the duties normally incidental to that office, or as assigned to her and subject to the direction and control of the Board of Trustees of the School. Furthermore, Ms. Cullen-Hamzeh, as the Academic Director shall undertake all necessary actions to uphold the Charter granted to MCCPS, specifically with reference to the details of the charter application upon which said Charter is granted, and the laws of the Commonwealth of Massachusetts as they apply to Charter Schools.
3. Education:
In additional to the Qualifications/Education/Experience as set forth in the Academic Director’s Functional Job Description which is intended to be incorporated into this Agreement, the Academic Director agrees to the following:
<!--[if !supportLists]-->a) <!--[endif]-->She must make a good faith effort to complete her Master’s Degree Program in Educational Leadership within the two year term of this contract, having already attained her Certification as a Principal of K through 8th grade. It is understood that her completion of the Master’s Degree Program is contingent upon the availability of necessary classes in that program being offered at Salem State College.
To accommodate the Academic Director’s completion of the Master’s Degree Program in Educational Leadership, she will be permitted five paid work days during each school year when school is not in session to enroll in and attend a class (or classes) required for that degree. These ten days (over two years) are intended to be in addition to any other benefits provided for herein;
- Extent of Service:
Ms. Cullen-Hamzeh, as the Academic Director, shall work full time for MCCPS, giving her full attention, skills, and energy to the business of the School. The duties of the Academic Director shall include, but not be limited to the following:
Job Summary:
The Academic Director (hereinafter AD) is responsible for the overall planning, design, and implementation of all regular and special education services. The AD ensures academics, classroom activities, professional development and other educational requirements are in compliance with legal and school policies. The AD will ensure the school upholds and complies with the terms of the Charter granted to MCCPS as approved and shall adhere to any and all applicable laws.
Essential Functions:
<!--[if !supportLists]-->1. <!--[endif]-->Provide educational administrative services to the school as required;
<!--[if !supportLists]-->2. <!--[endif]-->Supervise all elements of curriculum development and enhancement;
<!--[if !supportLists]-->3. <!--[endif]-->Provide leadership and guidance to the faculty and staff; evaluate all faculty and academic staff, at least annually, using objective performance based criteria;
<!--[if !supportLists]-->4. <!--[endif]-->Manage, direct, and oversee short and long term academic programs, including the hiring of all necessary personnel to ensure there is sufficient staffing for academic programs;
<!--[if !supportLists]-->5. <!--[endif]-->Oversee student services including student discipline and reporting to appropriate government agencies;
<!--[if !supportLists]-->6. <!--[endif]-->Lead the professional development team; support and provide training and professional development for academic staff;
<!--[if !supportLists]-->7. <!--[endif]-->Provide formal monthly communication to the MCCPS community.
<!--[if !supportLists]-->8. <!--[endif]-->Work with the Managing Director, and/or Interim Managing Director, (hereinafter referred to as MD), to improve community relations, develop, maintain and foster a sense of trust and credibility;
<!--[if !supportLists]-->9. <!--[endif]--> Work with MD to maintain full enrollment and provide a safe environment;
<!--[if !supportLists]-->10. <!--[endif]-->Develop and implement personnel policies in conjunction with the MD;
<!--[if !supportLists]-->11. <!--[endif]-->Understand the MCCPS budget and work within its guidelines;
<!--[if !supportLists]-->12. <!--[endif]-->With the MD, set compensation packages for each employee;
<!--[if !supportLists]-->13. <!--[endif]-->Attend regular and/or special meetings of the Board of Trustees, provide monthly reports, and be prepared to answer questions;
<!--[if !supportLists]-->14. <!--[endif]-->Understand and follow DESE regulations, state and federal laws, and any applicable regulations; recommend appropriate corrective actions and strategies for compliance;
<!--[if !supportLists]-->15. <!--[endif]-->Attend and participate in educational committees and organizations as appropriate;
<!--[if !supportLists]-->16. <!--[endif]-->Promote the MCCPS mission and nurture the culture of innovation.
The job performance of the Academic Director shall be evaluated bi-annually by the Board of Trustees in its capacity as “Employer”, pursuant to objective assessment criteria developed by the Personnel Committee and approved by the Board.
- Salary and Expenses:
During the Employment Term, the School agrees to pay Ms. Cullen-Hamzeh, as the full-time Academic Director a base salary of ninety-five thousand dollars ($95,000), with a $2,000.00 salary increase during each contract year after passage of the state’s budget for that contract year, contingent on there being no cut or reduction in the MCCPS annual school budget pursuant to State and/or local funding formulas.
Such salary shall be payable in installments in accordance with the regular payroll policies of MCCPS as in effect during the Employment Term of the Academic Director for the period July 1, 2009 to June 30, 2011.
The Academic Director is authorized to incur out-of-pocket expenses for academic materials and services to benefit MCCPS up to a maximum amount of $250.00 each month during the school year without prior approval. Reimbursement of any such expenses shall be in accordance with school policy.
Any and all expenses exceeding $250.00 a month incurred (or to be incurred) by the Academic Director on behalf of MCCPS during the Employment Term shall be submitted to the Board of Trustees in advance. All requests for reimbursement of expenses exceeding $250.00 shall be itemized in writing with the date(s) corresponding to the specific expenses incurred and containing a full and complete explanation of the relationship and nature of the business and expenses to MCCPS, with copies of any and all receipts attached.
Any and all anticipated and/or incurred expenses exceeding $250.00 a month shall be subject to reimbursement at the discretion of a vote by the Board of Trustees and are subject to the By-laws and policies of the Board and FinCom.
- Termination of Agreement:
(a) Death: This Agreement shall automatically terminate if Ms. Cullen-Hamzeh as the Academic Director dies during the term of her Employment Term. The School shall pay to the estate of Ms. Cullen-Hamzeh any salary accrued to the date of death, and Board approved reimbursable expenses. After such payment is made all of the School’s obligations and duties under this Agreement shall cease.
(b) Termination for Cause: At any time during the Employment Term, the School, upon 10 days written notice to Ms. Cullen-Hamzeh, may discharge her and terminate this Agreement recognizing the School’s obligation to pay to her accrued salary for services performed on behalf of MCCPS pursuant to this contract to the date of her discharge. For purposes of this Agreement, a “discharge for cause” shall mean a discharge resulting from a determination by the Board of Trustees that the Academic Director (i) has admitted to or been convicted of a crime involving moral turpitude, including but not limited to fraud, theft, or embezzlement, (ii) has willfully failed to or refused to follow policies, directives, or orders established by the School, (iii) has committed acts amounting to gross negligence or willful misconduct to the detriment of the School or its Students, (iv) has willfully or persistently failed to attend to her duties hereunder, (v) has mismanaged or mishandled funds of the school, or (vi) has otherwise breached any of the material terms or provisions of this Agreement.
(c) This Agreement shall terminate immediately if MCCPS ceases to be a public school pursuant to the laws of the Commonwealth of Massachusetts due to non-renewal of its Charter, or for any other cause.
The Academic Director agrees to conduct herself with due regard to public conventions and morals, and agrees that she will not engage in or commit any act that will tend to degrade or bring herself into public humiliation, contempt, scorn or ridicule or that will shock, insult, or offend public morals and cause harm to the goodwill and reputation of MCCPS. If the Academic Director breaches this clause the Board of Trustees may take such action as is appropriate to protect the interests of MCCPS.
In the event of termination, the Board of Trustees shall incorporate by reference in this document all applicable procedures as contained in the MCCPS By-Laws governing the Termination of the Chief Staff Person.
- Benefits:
Medical insurance shall be made available to the Academic Director under the terms of the plan offered by a state certified medical insurance carrier selected by MCCPS. The school shall pay 75% of said medical insurance and Ms. Cullen-Hamzeh shall pay the remaining 25% of said medical insurance premium. There is no cash equivalent if the employee declines this benefit.
Dental insurance shall be made available to the Academic Director under the terms of the plan offered by a state certified dental insurance carrier selected by MCCPS. The school shall pay 75% of said dental insurance and Ms. Cullen-Hamzeh shall pay the remaining 25% of said dental insurance premium. There is no cash equivalent if the employee declines this benefit.
The Academic Director shall be enrolled in the Massachusetts Teachers Retirement System (MTRS).
The Academic Director’s participation in a retirement and/or tax sheltered annuity program is at the discretion of the employee.
The Academic Director shall be enrolled in, and covered by, MCCPS’s short and long-term disability program. Complete policy details are available in the Business Office and an abbreviated Statement of Coverage appears in the Faculty Handbook.
The School shall pay up to a maximum of $1,000.00 per contract year for membership (individual and/or institutional) in any or all of the following Professional Organizations that provide professional development opportunities and resources to School Administrators and Educators, and/or enhance educational curriculum:
ASCD-Association for Supervision and Curriculum Development;
MESPA-Massachusetts Elementary School Principals’ Association;
MSSAA-Massachusetts Secondary School Administrators’ Association.
The Academic Director shall be entitled to twenty (20) paid vacation days during the contract year, thirteen of which shall be taken only when school is not in session. The remaining seven may be used during dates school is scheduled to be in session provided no more than two vacation days are taken consecutively during any one week, and/or during any contiguous two-week period.
If any vacation days are requested during time periods school is scheduled to be in session the Academic Director shall be required to do the following:
<!--[if !supportLists]-->a) <!--[endif]-->Provide at least two weeks written notice to the Chair of the Board (or his/her designee) of any vacation dates requested; and
<!--[if !supportLists]-->b) <!--[endif]--> Provide written documentation to the Chair of the Board (or his/her designee) confirming the MD will be physically present at MCCPS to attend to the duties of the Academic Director during dates vacation time is requested; and
<!--[if !supportLists]-->c) <!--[endif]-->Obtain written approval from the Chair of the Board (or his/her designee) to take the requested vacation days.
Additionally, the Academic Director shall have all holidays recognized by MCCPS and made available to any other MCCPS employee.
Unused vacation days may not be carried forward into the next contract year or anticipated before the start of the contract year, nor will the Academic Director be compensated for unused vacation days.
The Academic Director shall be entitled to ten (10) paid sick days during the contract year. After five (5) consecutive days of absence, medical verification may be required. Unused sick days may neither be carried forward into the next contract year nor anticipated before the start of the contract year, nor will extra compensation be paid for unused sick days.
The Academic Director shall be entitled to two (2) personal days as made available to any other MCCPS employee. Unused personal days may neither be carried forward into the next contract year nor anticipated before the start of the contract year, nor will extra compensation be paid for unused personal days.
The Academic Director shall be entitled to three (3) bereavement days. Unused bereavement days may neither be carried forward into the next contract year nor anticipated before the start of the contract year, nor will extra compensation be paid for unused bereavement days.
- Notices: Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and if sent, postage prepaid, by certified or registered mail, return receipt requested, (i) to Ms. Cullen-Hamzeh, Academic Director, at her last known address 61 Blaney Street, Swampscott, MA 01907 , and (ii) to MCCPS, 17 Lime Street, Marblehead, MA 01945.
Notification regarding extending or non-renewal of the position of Academic Director as delineated in this Agreement must occur no later than April 1 of the final contract year, or at a later date with the mutual agreement of the parties, Ms, Cullen-Hamzeh and the Board of Trustees.
- Severability: In case any term, phrase, clause, paragraph, section, restriction, covenant, or agreement contained in this Agreement is deemed invalid, such invalidation or unenforceability shall not defeat or impair the remaining provisions contain herein.
- Waiver of Breach: The waiver by either party, and/or both parties, of a breach of any provision of this Agreement by the other party(s), shall not operate or be construed as a waiver of any subsequent breach.
- Entire Agreement: This Agreement supersedes, replaces and merges all previous agreements and discussions relating to the same or similar subject matters between Ms. Cullen-Hamzeh, the Academic Director and MCCPS, and constitutes the entire agreement between Ms. Cullen-Hamzeh and MCCPS with respect to the subject matter of this Agreement.
- Governing Law. The substantive laws of the Commonwealth of Massachusetts, excluding any conflicts of laws, rules or principal that might otherwise refer to the substantive law of another jurisdiction, will govern the interpretation, validity and effect of this Agreement without regard to the place or execution or the place for performance hereof.
- Modification. This Agreement may not be changed or terminated orally, and no change, termination or waiver of this Agreement or of any of the provisions herein contained shall be binding unless made in writing and signed by both parties, and in the case of MCCPS by the Chair of the Board and the Treasurer of the Board of Trustees, or by their Board approved designee.
THE AUTHORIZED PARTIES AS HAVE SIGNED BELOW HAVE EXECUTED THIS Agreement and agree that its terms shall commence and be effective as of July 1, 2009.
BY: Helena (Nina) Cullen-Hamzeh
TITLE: Academic Director
SIGNATURE:_________________________
DATE:_________________________
BY: Emil Ronchi
TITLE: Chair, MCCPS Board of Trustees
SIGNATURE:_________________________
DATE:_________________________
BY: John Sullivan
TITLE: Treasurer, MCCPS Board of Trustees
SIGNATURE:_________________________
DATE:__________________________
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