Document 41121

CONFIDENTIAL SEPARATION AGREEMENT AND
GENERAL RELEASE
Patricia Camp, Ph.D. ("Employee") and the Delran Township Board of Education
("Board"), hereinafter jointly referred to as "the Parties," set forth the terms upon which the Parties
have agreed to permanently conclude Employee's employment with the Board due to Employee's
resignation ("Agreement").
WITNESSETH:
WHEREAS, the Board is a body politic and corporate, organized and existing by virtue
of the laws of the State of New Jersey, N.J.S.A. 18A:11.-1, and is entrusted with maintaining and
conducting the public schools of the Delran Township School District ("District");
WHEREAS, Employee is currently employed by the Board as the Superintendent;
WHEREAS, the Board and the Employee are Parties to a Contract of Employment dated
May 23, 2011, and effective from June 1, 2011, through 12:01 a.m. on July 1, 2014 (Appendix
"I");
WHEREAS, the Parties dispute the time period for written notice to be provided to the
Employee regarding the Board's intent not to renew the Contract of Employment;
WHEREAS, the Board believes it is in the District's best interests that the Parties
terminate their employment relationship; and
NOW, THEREFORE, the Board and the Employee, in consideration of the mutual
covenants and promises contained herein, the legal sufficiency of which is hereby acknowledged
by the Parties, agree as follows:
1.
Pursuant to N.J.S.A. 18A:17-20.2a and N.J.A.C. 6A:23A-3.2, this Agreement will
be submitted to the Commissioner of Education for review, and its execution by the Parties is
contingent upon the Commissioner's approval.
2.
The Parties acknowledge that all terms and conditions of the Contract of
Employment dated May 23, 2011 (Appendix "1"), excepting the provision related to the period for
written notice to be provided to the Employee regarding the Board's intent not to renew the
Contract (which dispute is being resolved by the provisions of this Agreement), shall remain in
full force and effect unless expressly modified by this Agreement.
3.
Employee acknowledges that she will voluntarily resign her employment with the
Board effective 12:01 a.m. on July 1, 2014, and that she will sign and deliver to the Board,
contemporaneous with the execution of this Agreement, an irrevocable letter of resignation in the
form attached hereto as Appendix "2." The letter of resignation shall be subject to the
Commissioner of Education's approval of this Agreement, and upon the Board's proper approval
and execution of this Agreement. Employee's resignation shall have an effective date of 12:01
a,m. on July 1, 2014. The Board shall accept Employee's letter of resignation simultaneously with
the Board's approval of this Agreement.
4.
In the event that either the Board or the Commissioner of Education does not
approve this Agreement, the Board shall return the signed letter of resignation to Employee, and
all terms of this Agreement shall be null and void, the letter of resignation shall be returned to the
Employee, and any action taken by the Board with respect to the letter of resignation shall be null
and void.
5.
The Employee shall continue, and is expected, to faithfully perform the duties and
responsibilities of the Superintendent until her resignation is effective at 12:01 a.m. on July 1,
2014. The Employee is further expected to abide by the terms and conditions of her Contract of
Employment, and to comply with all policies and regulations applicable to her position, including,
without limitation, Policy 1230, Superintendent's Duties (Appendix "3").
6.
This Agreement is contingent upon the Board's receipt of an irrevocable letter of
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resignation from Employee as set forth in paragraph 3 above. The signed irrevocable letter of
resignation shall be provided contemporaneously with the execution of this Agreement by
Employee. This Agreement is further contingent upon the Board's approval and execution of this
Agreement, as well as the approval of this Agreement by the Commissioner of Education.
7.
Employee waives any claim or right to reinstatement or to tenure in any position
with the Board, unless the Board fails to abide by the terms and conditions of this Agreement.
8.
Employee forever releases the Board, and its past and present Board, officers,
directors, employees, agents, successors and assigns, from all actions, suits, claims and demands
in law or equity, that she ever had, now has, or hereafter may have, resulting from anything which
has happened up until now, including but not limited to, any matter, cause or claims relating in
any way to her employment relationship or the cessation of her employment relationship with the
Board, including, but not limited to, any claims arising under the New Jersey Conscientious
Employee Protection Act, New Jersey Law Against Discrimination, Title VII of the Civil Rights
Act of 1964, the Civil Rights Act of 1866, the Civil Rights Act of 1991, the federal Age
Discrimination in Employment Act of 1967 ("ADEA"), the Older Workers' Benefits Protection
Act ("OWBPA"), the federal Equal Pay Act, the New Jersey Wage Payment Law, the United
States Constitution, the New Jersey State Constitution, the federal Employee Retirement Income
Security Act, the federal Americans With Disabilities Act, the Family and Medical Leave Act,
New ,lersey Family Leave Act, the Equal Pay Law, the Equal Rights Act, any other federal, state
or local law or ordinances, and/or any common law claims under tort, contract or any other theories
now or hereafter recognized. The release recited in this paragraph shall include any and all claims
which Employee may have for any type of damages cognizable under any of the laws referenced
herein, including, by not limited to, any and all claims for compensatory damages, punitive
damages, and/or attorneys' fees.
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9.
The Board, its successors and assigns, and its present and former Board members,
employees and officers hereby agree to release and forever discharge the Employee from any and
all past, present and future claims, suits, tenure charges, actions at law or in equity of any kind, in
any forum that it may have against her as of the date of this Agreement. Subject to the fulfillment
of the terms of this Agreement, the Board will take no further action with respect to the Employee's
separation from employment. The release recited in this paragraph shall include any and all claims
which the Board may have for any type of damages cognizable under any of the laws referenced
herein, including, but not limited to, any and all claims for compensatory damages, punitive
damages, and/or attorneys' fees.
10.
The Employee, her successors, assigns, and/or agents, agrees to release and forever
discharge the Board, its successors and assigns, and its present and former members, employees,
and officers, from any and all past, present and future claims, suits, charges, actions at law or in
equity of any kind, in any forum that she may have against the Board as of the date of this
Agreement. The release cited in this paragraph shall include any and all claims which Employee
may have for any type of damages cognizable under any of the laws referenced herein, including,
but not limited to, any and all claims for compensatory damages, punitive damages, and/or
attorneys' fees.
11.
Specifically excluded from this general release are the Employee's right, upon
cessation of employment with the Board to obtain continued medical coverage at her own expense
as authorized by the Consolidated Omnibus Reconciliation Act of 1986 (COBRA), unless
specifically modified herein; any rights she may have arising under the Teacher's Pension and
Annuity Fund (TPAF) and related statutes and regulations; any rights she may have for
indemnification by the Board pursuant to N.J.S.A. 18A: 16-6 and 6.1, and any rights she may have
under the New Jersey Workers' Compensation Law, N.J.S.A. 34:15-1, et seq. In addition, this
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general release does not preclude the Employee from suing for enforcement of the terms and
conditions of this Agreement.
12.
In accordance with N.J.A.C. 6A:23A-3.2, the Board shall pay the Employee the
sum of One Hundred Seventeen Thousand Forty-Five Dollars and Zero Cents ($117,045.00), as a
separation payment, which represents three (3) months pay for every year remaining on
Employee's Contract of Employment. This payment shall commence on July 1, 2014, and be paid
in accordance with the schedule of salary payments in effect for other certified employees until
paid in full. These payments will be subject to all applicable tax and other customary withholdings,
and the employer will pay its portion of the pension and social security contributions. In the event
Employee obtains new employment, the salary received by Employee in such employment shall
be deducted from the payments made to Employee by the Board in accordance with Article VII(F)
of her Contract of Employment. The Board's agreement to pay Employee in accordance with
6A:23A-3.2 shall not be construed as an admission by the Board that Employee's
Contract of Employment renewed for an additional three (3) year term because the Board did not
provide Employee with six (6) months written notice of its intent to non-renew. The Board's
agreement to pay Employee in accordance with N.J.A.C. 6A:23A-3.2 is solely in the interest of
amicably terminating their employment relationship.
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As of the date of this Agreement, Employee has thirty (30) unused vacation days.
Pursuant to Article IV (E)(4) of Employee's Contract of Employment, Employee shall use these
vacation days from May 19, 2014, to 12:01 a.m. on July 1, 2014.
14.
Employee acknowledges that upon separation from service that she is not entitled
to payment for any vacation days, used or unused, after the Employee's resignation date 12:01
a.m. On July 1, 2014; and, in no event, shall Employee be entitled to payment for any vacation
days, used or used, pursuant to this Agreement after 12:01 a.m. on July 1, 2014.
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15.
Employee acknowledges that upon separation from service, she is not entitled to
payment for any sick days, used or unused, after 12:01 a.m. on July 1, 2014; and, in no event, shall
Employee be entitled to payment for any sick days, used or used, pursuant to this Agreement after
12:01 a.m. on July 1, 2014.
16.
The Board will provide Employee with paid health benefits as set forth in the
Contract of Employment through 12:01 a.m. on July 1, 2014, provided that she continues her
position as the Board's Superintendent, is eligible for health benefits, and is enrolled in a health
benefits plan offered by the Board.
17.
Other than as provided for in this Agreement, specifically including paragraph
twelve (12) and paragraph sixteen {16), Employee shall not be entitled to any other payments or
benefits from the Board.
18.
Employee agrees that the terms and conditions of this Agreement shall remain
strictly confidential to the fullest extent permitted by law as between the Parties, and that she shall
not disclose them to any person outside of her immediate family, attorney, tax advisor, or
counselor. Employee acknowledges that this Agreement is considered a public record under the
Open Public Records Act ("OPRA"), and that this confidentiality clause does not exempt this
Agreement from being released under an appropriately filed OPRA request.
The Board agrees that this Agreement shall remain confidential to the maximum extent
permitted by law. The Board (including its individual members) understands and agrees that it may
not, without Employee's approval or unless otherwise provided herein, publicly evaluate the
Superintendent's performance as Superintendent.
Any breach of this Paragraph 18 by either Party shall be deemed a material breach of this
Agreement. The Board and the Employee acknowledge that both this Agreement and the Contract
of Employment dated May 23, 2011, are subject to OPRA.
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19.
The Employee agrees, to the extent permitted by law, that she will not make any
statement(s) that has, have, or can be expected to have the effect of disparaging the Board, the
School District, or any of its employees.
20.
The Board (and its individual members) likewise agree(s) that it, its members,
agents and/or employees will make no statement that has, have, or can be expected to have the
effect of disparaging the Employee. In any public statement made by the Board it will be limited
to the content of Appendix 4.
21.
The Employee agrees she will not make any statement or take any action which
will adversely affect the Board's ability to recruit and/or appoint a new Superintendent.
22, The Board (and its individual members) will not make any statement or take any
action which will adversely affect Employee's ability to receive any post- employment benefits to
which she might be entitled, except as may be required by law.
23.
If the Employee, or any agent of the Employee acting or purporting to act on the
Employee's behalf, makes any statement or takes any action intended to adversely affect the
Board's ability to recruit and/or appoint a new Superintendent, such statement or conduct shall
constitute a material breach of this Agreement, as well as subject the Employee to liability for any
damages incurred by the Board as a result of said breach. Any breach of this Paragraph and/or
Paragraph 17 by either Party shall be deemed a material breach of this Agreement.
24.
If the Board, or any agent of the Board acting or purporting to act on the Board's
behalf, makes any statement or takes any action intended to adversely affect Employee's ability to
receive any post-employment benefits to which she might be entitled, such statement or conduct
shall constitute a material breach of this Agreement and invalidate the Release set forth in
Paragraph 8 as well as subject the Board to liability for any damages incurred by the Employee as
a result of said breach. Any breach of this Paragraph and/or Paragraph 17 by either Party shall be
deemed a material breach of the Agreement.
25.
Telephonic, email, and oral inquiries about the Superintendent's employment with
the Board shall be referred to the Board President. The response to said inquiries shall expressly
be limited to the information contained in the letter of recommendation attached hereto and made
a part hereof as Appendix "5." A true executed copy of the letter of recommendation shall be
provided to the Employee at the time this Agreement is approved by the Board. The attached letter
of recommendation shall also be provided upon request to prospective employers.
26.
On or before July 3, 2014, or unless otherwise mutually agreed by the Parties in
writing, Employee agrees to return to the Board any and all things in her possession or control
relating to the Board's business, including, but not limited to: keys, identification cards, reports,
correspondence, manuals, ledgers, computers, cellular telephones, equipment, passwords, security
cards/badges, or any other proprietary materials pertaining to the Board, or any affiliated entity,
including, but not limited to, any and all documents stored electronically/digitally and/or stored on
computer discs or tapes. To the extent applicable, Employee also agrees to remove or delete any
electronic webpages that she maintains on behalf of the Board (i.e., a Facebook page). The Board
shall provide Employee with a date and time to access her office and retrieve any personal items.
Such access must be supervised by a Board Administrator. Employee also agrees to provide a full
listing of all computer passwords, codes, and other valuable information related to her work with
the Board.
27.
The Parties agree that they will not directly or indirectly disparage the name,
reputation services or competency of one another. The Parties also agree that, to the maximum
,
extent permitted by law and regulation, they will not make statements for publication or public
dissemination accusing one another or any current or former Board member, officer, director,
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member, employee or agent of the Board, of wrongful, improper, unlawful or unfair actions or
conduct. Rather, the Parties have agreed on the statement attached as Appendix "4."
28.
Employee agrees that she shall, at the request of the Board and to the best of her
ability, render such assistance and perform such lawful acts, that the Board reasonably requests in
accordance with all applicable law and regulation in connection with any litigation, threatened
litigation, administrative or governmental investigation, or other action involving the Board or any
current or former Board member, director, co-officer, employee, agent or a representative thereof,
which occurred during the term of the Employee's employment, provided that the same does not
unreasonably interfere with the Superintendent's obligations to a then current employer.
29.
Neither Employee nor the Board, nor any person acting on their behalf will file, or
permit to be filed, any action for legal or equitable relief, including damages and injunctive,
declaratory, monetary or other relief, involving any matter occurring at any time or related in any
way to her employment relationship or the cessation of her employment relationship with the
Board or involving any continuing effects of any acts or practices that may have arisen or occurred
during her employment relationship or the cessation of her employment relationship with the
Board with the exception of for the enforcement of this Agreement.
30.
Employee has been given the opportunity to take a reasonable period, not to exceed
twenty-one (21) days, within which to consider this Agreement. Employee acknowledges that if
she chooses to sign and deliver this Agreement before that date, she does so knowingly, voluntarily
and without coercion.
31.
Employee also understands that she has the right to change her mind and cancel
this Agreement only with respect to claims under the ADEA/OWBPA within seven (7) days
following the date on which she signed it. This Agreement will not be "effective" until the end of
this period.
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32.
This Agreement contains all of the promises and understandings of the Parties
regarding the subject matter addressed herein, and this Agreement supersedes and voids any and
all other agreements or understandings between the Parties, except as provided herein. This
Agreement may be amended only by a written agreement signed by duly authorized representatives
of both Parties.
33.
This Agreement shall be covered by and considered and enforced in accordance
with the laws of the State of New Jersey, without regard to any principles of choice of law that
may otherwise be applicable.
34.
If a party, by their actions or omissions, waives or is adjudicated to have waived
any breach of this Agreement by the other party, any such waiver shall not operate or be construed
or asserted as a waiver of any other subsequent breach of this Agreement.
35.
This Agreement is binding upon and shall inure to the benefit of the Parties hereto
and their respective heirs, executors, administrators, personal or legal representatives, successors
and/or assigns.
36.
In the event that any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, such invalidity or unenforceability shall attach only to such
provision, and shall not affect or render invalid any other provision of this Agreement.
37.
Employee acknowledges that she has read all the terms of the Agreement and has
had an opportunity to discuss it with individuals of her own choice, who are not associated with
the Board. She has been advised by the Board to consult with an attorney of her own choosing
and is represented by Beth L. Finkelstein, Esquire, in connection with this Agreement.
38.
Employee acknowledges that she has been given a reasonable and sufficient time
period in which to consider this Agreement. She acknowledges that if she chooses to sign it, she
does so knowingly and voluntarily.
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39.
This Agreement shall only become effective upon approval by the Commissioner
of Education and by the Board at its next regularly scheduled Board Meeting thereafter. The Board
shall also take separate action at said Board Meeting on Employee's Letter of Resignation, attached
as Appendix "2."
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IN WITNESS THEREOF, the Parties have executed this Agreement.
DELRAN TOWNSHIP BOARD OF
EDUCATION
Date
3
Date
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1JJ4
APPENDIX 1
CONTRACT OF EMPLOYMENT
SUPERINTENDENT OF SCHOOLS
DELRAN TOWNSHIP SCHOOL DISTRICT
THIS AGREEMENT, made and entered by and between the Delran Township Board of
Education, a body corporate and politic, (hereafter "DeIran" or the "Board"), 'with Board offices
located at 52 Hartford Road, DeIran, New Jersey, and. Dr. Patricia Camp, presently residing at 1
Howell Road, Bridgewater, New Jersey, (hereinafter referred to as "Superintendent"), is dated
3.-3
2011.
WITNESSETH:
THIS EMPLOYMENT CONTRACT replaces and supersedes all prior Agreements or
Employment Contracts between the parties hereto. Signature of this Contract constitutes assent
to a rescission of any and all prior Agreements, Understandings, and Contracts, as well as
agreement to the terms and conditions of this Contract.
WHEREAS, for the purpose of mutual understanding and in order that a harmonious
relationship may exist between the Board and the Superintendent to the end that continuous and
efficient services will be rendered by both parties, for the benefit of both and for the benefit of
students and residents of the District; and
WHEREAS, the Superintendent is the holder of an appropriate certificate as prescribed
by the State Board of Education and required by N.J.S.A, 18A: 17-17;
NOW, THEREFORE, in consideration of the following mutual promises and
obligations, the parties agree as follows:
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ARTICLE I
EMPLOYMENT
A.
TERM: The board hereby agrees to employ the Superintendent as Superintendent of
Schools for the period of three (3) years and one month, commencing June 1, 2011,
through midnight July 1, 2014.
B.
SALARY Remainder 2010-2011 School Year (June 1, 2011 through June 30,
2011—midnight): The parties agree that the Superintendent's salary for the period of
June 1, 2011 through June 30, 2011 shall be Twelve Thousand Five Hundred
($12,500,00) dollars, and shall be payable in accordance with the Board's regular
payroll schedules. This is prorated based on an annual salary of $150,000.
C.
SALARY Effective July 1, 201.1: Beginning with the 2011-2012 School Year, and
effective July 1, 2011, the Superintendent's annual salary shall be One Hundred and
Fifty Thousand ($150,000.00) dollars.
13. FUTURE SALARY: The Superintendent's salary shall increase by a minimum of two
(2%) percent annually, beginning July 1, 2012. The parties agree that any additional
salary determinations by the Board will he based on merit and the performance
evaluation(s) described in Articles V and VI below.
E, The board will decide whether or not to award an annual merit increase by the first
Board meeting in April, but no later than the annual re-organization meeting. The
determination of merit shall be made upon completion of the evaluation.
R Any annual merit increase by the first Board meeting on or before April will take effect
an the following July 1.
G. Written criteria for determining each merit increase shall be set forth in the
Superintendent's goals and will be established by June 1 st-, or within sixty days of
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commencing employment, for the next succeeding school year. Both parties will discuss
a draft of the criteria and will mutually agree to the criteria prior to adoption by the
Board. The goals and objectives shall be reduced to writing and shall be among the
criteria by which the Superintendent is evaluated. Goals need to he approved by the
Executive County Superintendent and evaluation of goal completion will be reviewed
by the Board and Executive County Superintendent before payment for completed
goals.
H. Notwithstanding the foregoing, no salary increase of any kind will take effect on
midnight July 1, 2014, (the final day of this agreement) unless the parties have agreed to
a contract extension or successor agreement. The terms of the extension or successor
agreement will govern all increases to take effect on or after July 1, 2014, as detailed
and agreed therein. Any extension or modification of this agreement, including but not
limited to salary increases, shall comply with the notice provisions of P.L.2007., c. 53
the School District Accountability Act.
Nothing in this Agreement shall limit the Board's authority under. Chapter 29 of the
School LaWs, including NISA18A:29-4 and 18A; 29-14 (concerning withholding of
increments).
ARTICLE II
CERTIFICATION
The parties acknowledge that the Superintendent currently possesses the appropriate New
Jersey administrative certification and school administrator endorsement,
if at any time during the term of this Agreement, the Superintendent's certification(s) is
revoked, this Agreement shall automatically be null and void as of the date of the revocation.
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ARTICLE III
DUTIES
in consideration of the employment, salary and fringe benefits established hereby, the
Superintendent hereby agrees to the following:
A. To faithfully perform the duties of Superintendent of Schools for the Board and to serve
as the chief school administrator in accordance with the Laws of the State of New
Jersey, Rules and Regulations adopted by the State Board of Education, existing Board
policies and those which are adopted by the Board in the future. The specific job
description adopted by the Board, applicable to the position of Superintendent of
Schools, is incorporated by reference into this school contract.
13. To devote the Superintendent's full time, skills, labor, and attention to this employment
during the term of this contract, and further agrees not to undertake consultative work,
speaking engagements, writing, lecturing, or other professional duties for compensation
without peiiiiission of the Board. The Superintendent shall notify the Board President in
the event she is going to be away from the District on District business for two (2) or
more work days in any week. Anytime away from the District that is not for District
business must be arranged in accordance with provisions in this contract governing time
off. Both the Board and the SUperintendent recognize that the demands of the
Superintendent's position require long and irregular working hours.
C. To assume the responsibilities for the selection, renewal, placement, removal, and
transfer of personnel, subject to the approval of the Board, by recorded roll call majority
vote of the full membership of the Board, and subject to applicable Board policies and
directives. The Board shall not withhold its approval of any such recommendation for
arbitrary or capricious reasons, all in accordance with N.J.S.A. 18A; 27-41
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1). To study and make recommendations with respect to all criticisms and complaints,
which the Board, either by committee or collectively, may refer to the Superintendent.
E.
To assume responsibility for the administration of the affairs of the School District,
including but not limited to programs, personnel and business management, and all
duties and responsibilities therein will be performed and discharged by the
Superintendent or by staff under the direction of the Superintendent.
F.
The Superintendent shall have a seat on the Board and the right to speak (but not vote)
on all issues before the Board in accordance with applicable law. The Superintendent
shall attend all regular and special meetings of the Board, (except where a Rice notice
has been served upon the Superintendent giving notice that the Superintendent's
employment will be discussed in closed session, and the Superintendent had not
requested that the meeting be conducted in public), and all committee meetings thereof,
and shall serve as advisor to the Board and said committee on all matters affecting the
School District.
0. To suggest, to the Board, from time to thee, regulations, rules, policies, and procedures
deemed necessary for compliance with law and/or for the well being of the School
District.
H. To perform all duties incident to the Office of the Superintendent and such other duties
as may be prescribed by the Board from time to time.
ARTICLE IV
BENEFITS IN ADDITION TO SALARY
A. The Superintendent shall receive 12 sick days annually. The use of sick days by the
Superintendent shall be reported to and tracked by the Business Administrator. Use of
sick days shall be reported to the Board on a quarterly basis, Unused sick leave shall be
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cumulative in accordance with the provisions of Title 18A. Upon retirement and notice
to the Board, the Superintendent shall receive reimbursement for unused sick days at the
rate of $625.00 per day (1/260 x annual salary), with a minimum of four (4) years of
continuous service in the District. However, it is expressly understood that
reimbursement for sick days shall not exceed $15,000.00, or any other caps or limitations
as are imposed by law.
B. The Superintendent shall be entitled to an allowance at the Board's expense to cover the
entire cost for professional dues for the following professional associations; NJASA and
AASA and the County Administrators Association and/or other organizations deemed
important by the Board. The Superintendent also shall he entitled to reimbursement for
expenses incurred for attendance at professional conferences as budgeted by the Board
and similar expenses that may be incurred while discharging the duties of Superintendent.
Such reimbursement shall conform to N.J.S.A. 18A:11-12, as enacted by P.L. 2007 c.53.
It is specifically understood that in the absence compelling circumstances requiring the
presence of the Superintendent in the District, the Superintendent shall be entitled to
attend the Fall NJSBA workshop and Convention and the spring conference of the
NJASA/NJSBA or any such time that these conferences are scheduled. Reimbursement or
payment for such expenses shall be made in accordance with Board policies and N.J.S.A.
18A: 1142,
C. To support the Superintendent in the performance of her duties, the Superintendent may
subscribe to appropriate educational and or professional publications within the limit set
in the annual budget. The district will also provide, and cover all costs of, a cell phone
and laptop computer.
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D. I . The Board shall provide the Superintendent with individual or family health benefit
coverage.
D 2. The Superintendent may waive coverage in any of the health benefits plans if covered
through a spouse's health plan, and in accordance with procedures established by the Board..
The Superintendent will be paid a stipend for single coverage, for so waiving coverage, not to
exceed 25% of the premium to a maximum of $5000.
E. 1. The Superintendent shall be entitled to twenty (20) vacation days annually, to be
accrued at the beginning of each contract year, and based upon a twelve (12) month year.
E. 2. The. Superintendent shall take vacation time during periods when school is not in
session, including Winter Break and Spring break and only after giving the Board President
reasonable notice, which shall be no less than four weeks notice. School vacations do not
constitute time off for the Superintendent, unless the Superintendent uses leave time. The
Superintendent may take vacation days during the school year, with the permission of the
Board President as single days, half days or in the event of an emergency. If the
Superintendent wishes to take more than two consecutive vacation days during periods when
school is in session., the Superintendent shall request permission from the Board President no
less than four weeks prior to the date such vacation is proposed to commence. The
Superintendent is expected to attend to the business of the District as required for the smooth
and efficient operation of the school District.
E. 3. The Board encourages the Superintendent to take her full vacation allotment each year;
however, not more than ten unused vacation days may be carried over by the Superintendent
from year to year. All days carried over from the previous year must be used in the next year
or those days not used will be forfeited, in accordance with the provisions of P.L. 2007, C. 53,
the School District Accountability Act.
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E. 4. In the event that the Superintendent's contract is terminated prior to its expiration,
unused vacation time (for the year of termination only) shall be paid on a pro-rated basis of
one (1.66) days accrued per month, based upon twenty (20) days per year, and accrued
monthly. In the event this contract is not renewed, earned but unused vacation time will be
paid at the Superintendent's daily rate of pay on the last day of employment. However, at the
Boards discretion, should termination or non-renewal occur, the Board reserves the right to
require the Superintendent to use the full vacation entitlement prior to Superintendent's
separation from the District. In the event the Superintendent's contract is terminated prior to
its expiration and the Superintendent has used more vacation time than the pro-rated accrual
of 1.66 days per month, the Superintendent will repay the district for excess vacation time
used based on the Superintendent's daily rate of pay on the last day of employment.
F. The Superintendent shall be entitled to the following holidays: Labor Day, Rosh
Hashanah, Columbus Day, Thanksgiving, Christmas, New Year's, Day, Martin Luther King
Day, President's Day, Easter/Spring Recess, and Memorial Day.
G. The Superintendent shall be entitled to three (3) personal days, to attend to personal
business during the school day, with full pay during the work year. Personal days may be
taken during the school year with the prior permission of the Board President, except in the
case of emergency. As much advance notice as possible of the request to take personal time
will be given. Personal day usage shall be reflected on time off slips filed with the Board
Secretary. Personal days are non-cumulative and non-reimbursable.
H. The Superintendent shall be reimbursed for mileage when using a personal vehicle for
Board business on a per mile basis as established annually by the Legislature, and as
provided for by New Jersey Statute, N.J.S.A. 18A:11-12.
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1. The Superintendent shall be responsible for filing a time off slip, in advance of the time
off, as set forth herein, or immediately upon return to the District in the event of an
unplanned absence, with the Board Secretary each time any leave is taken. The
Superintendent shall periodically review the Board Secretary's record to assure
correctness.
The Superintendent shall have the right at any time prior to commencement of, or at any
time during employment, to take a reduction in salary and to require the Board to use an
amount corresponding to such reduction to purchase a tax sheltered annuity and/ or
mutual fund investment in accordance withN.J.S.A. 18A:66-127 et seq. and applicable
tax laws, including Sections 403(b) and 457(b) of the Internal Revenue Code.
ARTICLE V
ANNUAL EVALUATION
The Board shall evaluate the performance of the Superintendent at least once a year in
accordance with statutes, regulations and Board policy relating to Superintendent evaluation.
Each annual evaluation shall be in writing, a copy shall be provided to the Superintendent
and the Superintendent and the Board shall meet to discuss the findings.
The Board may meet in a closed session to discuss the evaluation and Superintendent
performance where a Rice notice has been served upon the Superintendent giving notice that
the Superintendent's employment will he discussed in closed session, and the Superintendent
has not requested that the meeting will be conducted in public.
The evaluations shall be based upon the criteria and benchmarks mutually agreed to by
the Board and Superintendent then adopted by the Board, the goals and objectives of the
District, which shall include encouragement of student achievement, the responsibilities of
the Superintendent as set forth in the job description for the position. of Superintendent and
9
such other criteria as the State Board of education shall by regulation prescribe. The final
draft of the annual evaluation shall be adopted by the Board in April prior to the annual reorganization meeting, but no later than April 30 th . The Superintendent shall propose a
schedule for evaluation to the Board President by March 1 st of each year.
ARTICLE VI
INTERIM EVALUATIONS
In addition to the annual evaluation, the Board may conduct interim evaluations, by
October 1 and by February 1 of each school year. The interim evaluations shall be based upon
the same criteria used during the annual evaluation process, but may be in the form of a
written summary of comments of.Board members made during a confidential board
meeting(s) for the purpose of conducting an interim evaluation.
ARTICLE VII
TERMINATION OF EMPLOYMENT CONTRACT
A. This contract shall terminate, and the Superintendent's employment will cease, and no
compensation shall thereafter be paid, under any one of the following circumstances:
(1) Failure to possess/obtain proper certification
(2) Revocation or suspension of the Superintendent's certificate;
(3) Forfeiture under N.J.S.A. 2C: 51-2;
(4) Mutual agreement of the parties
(5) Notification in writing, by the Board, to the Superintendent, at least 6 months
prior to the expiration of this contract, of the Board's intent not to renew this
contract, pursuant to the requirements of New Jersey Statute, N.J.S.A. 18A:1720.1;
(6) Misrepresentation of employment history, educational and professional
credentials, and criminal background;
10
B. In the event the Superintendent is arrested and charged with a criminal offense that could
result it forfeiture under N.J.S.A. 2C: 51-2, the Board reserves the right to suspend the
Superintendent pending resolution if the criminal charges are filed against the
Superintendent. Such suspension shall be with pay prior to indictment, and may be with
or without pay, at the Boards discretion, subsequent to indictment, unless the Board.
certifies contractual tenure charges.
C. Nothing in this Contract shall affect the Board's rights with regard to. suspension under
N.J.S.A._ 18A: 6-8.3 and applicable case law,
D. The Superintendent may terminate this employment Contract upon no fewer than 90
calendar day's written notice to the Board, filed with Board Secretary, of an intention to
resign.
E. The Superintendent shall not be dismissed or reduced in compensation during the term of
this contract, except as authorized by paragraphs B and C. supra. And
18A:17-
20.2; provided, however, that the Board shall have the authority to relieve the
Superintendent of the perfoiuiance of contractual duties in accordance with N.J.S.A.
8A:27-9, so long as it continues to pay salary and benefits for the duration of the term.
The parties understand that any such early termination must comply with the notice
provisions of PI,. 2007, c. 53. The School District Accountability Act.
F. In the event the Board elects to terminate this Contract prior to its expiration date, and to
remove the Superintendent from the actual performance of contractual duties, the Board
shall compensate the Superintendent for all salary and fringe benefits until the expiration
date is reached, minus compensation from any and all other employment. It is understood
that the Superintendent must make a good faith effort to find employment elsewhere as
soon as possible and prior to the expiration date of the within Contract. The salary
11
received by the Superintendent in such employment shall be deducted from the payments
made to the Superintendent by the Board. Insurance benefits shall be adjusted to reflect
coverage, if any, in the new position.
ARTICLE VIII
RENEWAL NON RENEWAL
—
This Contract shall renew in accordance with the terms hereof, and subject to the laws of
the State of New Jersey, and the Administrative Regulations promulgated thereunder, unless
either of the following occurs:
A.
The Board by Contract reappoints the Superintendent for a different term
allowable by law; or
B.
The Board notifies the Superintendent in writing, at least six (6) months prior to
the expiration of this contract, (midnight July 1, 2014), that she will not be
reappointed at the end of the current term, in which case the Superintendent's
employment shall cease upon the expiration of this Contract, (midnight Julyl,
2014).
The Parties understand that any renewal must comply with the notice provisions of P.L.
2007, c. 53, the School District Accountability Act, and is subject to approval by the
Executive County Superintendent.
ARTICLE IX
COMPLETE AGREEMENT
This Employment Contract embodies the entire agreement between the parties hereto and cannot
be varied except by written agreement of the undersigned parties.
12
ARTICLE X
SAVINGS CLAUSE
If, during the term of this Employment Contract, it is found that a specific clause of the
Employment. Contract is illegal under-Federal or State law, the remainder of the Employment
Contract is not affected by such a ruling and shall remain in full force.
ARTICLE XI
RELEASE OF PERSONNEL INFORMATION AND PERSONNEL RECORDS
The Superintendent shall have the right, upon request, to review the contents of the
Superintendent's personnel file and to receive copies at Board expense of any documents
contained therein. The Superintendent shall be entitled to have a representative accompany her
during such review. At least once every year, the Superintendent shall have the right to indicate
those documents and/or other materials in the file that the Superintendent believes to be obsolete
or otherwise inappropriate to retain; and, upon final approval of the Board, such documents
identified by the Superintendent shall be destroyed.
No material derogatory to the Superintendent's conduct, service, character, or personality
shall be placed in the Superintendent's personnel file unless the Superintendent has had an
opportunity to review the material. The Superintendent shall acknowledge the opportunity to
review such material by affixing a signature to the copy to he filed with the express
understanding that such signature in no way indicates agreement with the contents thereof. The
Superintendent shall also have the right to submit a written answer to such material.
The parties acknowledge that a detailed statement of the terms contained in this
Agreement must be submitted annually to the Commissioner of Education along with the school
budget in accordance with N.J.S.A. 18A:7F-5.3.
13
IN WITNESS WHEREOF, the parties have set their hands and seals to this Employment
Contract effective on the day and year first above written.
SUPERINTEND 37
THE BOARD OF EDUCATION OF
THE TOWNSHIP OF IDELRAN
Dr. Patric'a Camp, S per ,tendent
Lynn
Dated
WITNESS:
z--
)_0(
d President
Dated
WITNESS:
Board Secretary
Christopher J. Russo,
Dated
Dated
14
ii/
APPENDIX 2
Diane Zierler, President
DeIran Township Board of Education
52 Hartford Road
DeIran, New Jersey 08075
Re:
Resignation
Dear Mrs. Zierler:
This letter shall serve as formal notification to the DeIran Township Board of
Education (the "Board") of my intent to resign from employment with the Board as
Superintendent of Schools effective 12:01 a.m. on July 1, 2014, due to personal reasons.
This Letter of Resignation is subject to the terms and conditions of the Confidential
Separation Agreement and General Release between me and the Board. It is also expressly
contingent upon the Commissioner of Education's approval of the Confidential Separation
Agreement and General Release, and in the event that said approval is not obtained shall
be considered and null and void and returned to me.
cerely,
atricia Camp,
C:
Christopher
Ed.D., RSBA, Business Administrator/Board Secretary
APPENDIX 3
1230 SUPERINTENDENT'S DUTIES
Number: 1230
Date: March 15, 1993
Revised: August 29, 2011
Title: SUPERINTENDENTS DUTIES
Function
The Superintendent shall serve as Chief Executive and Administrative Officer of the
district by implementing policies established by the Board of Education and by
discharging the duties imposed on his/her office by law.
Authority
The Superintendent shall be the Chief School Administrator of the school district and
principle advisor to the Board. He/She may delegate to an appropriate school official any
duty not reserved to the Superintendent by law, but may not delegate the responsibility
for duties mandated by law.
Work Relationships
The Superintendent shall report directly to the Board and shall directly or indirectly
supervise all persons employed by the Board.
Duties and Responsibilities
A.
In the discharge of his/her responsibility as principle advisor to the Board, the
Superintendent shall:
1.
Ensure all aspects of district operation comply with Board policy, State
law and district contracts;
2.
Report to the Board on the needs of the district;
3.
Advise the Board of any changes or additions that should be made to its
policies;
4.
Provide the Board with such information as may be needed to ensure the
making of informed decisions; and
5.
Perform such other duties as may be assigned by the Board.
B.
C.
D.
In the discharge of his/her responsibility for the implementation of the operational
action plan of the district, the Superintendent shall:
1.
Prepare, promulgate, and maintain a manual of administrative
regulations;
2.
Evaluate the future needs of the district and recommend a district action
plan including goals, objectives, and priorities to the Board;
3.
Maintain written objectives to implement the district action plan
adopted by the Board;
4.
Evaluate progress toward the attainment of the district action plan and
report thereon to the Board; and
5.
Report to the Commissioner and the County Superintendent on or before
August 1 of each year matters relating to the schools in the manner and
form prescribed by the Commissioner.
In the discharge of his/her responsibility as the administrator of the
instructional program, the Superintendent shall:
1.
Establish and maintain a written instructional plan for the schools of the
district consistent with the educational goals adopted by the Board;
2.
Coordinate the proper implementation of the instructional plan as it
applies to each school in the district;
3.
Evaluate at least annually the effectiveness of the program of studies and
recommend such changes and additions as may be required to improve its
effectiveness;
4.
Evaluate the performance of pupils in relation to other public school
districts, as well as in relation to State and national standards;
5.
Report periodically to the Board, as directed by the Board, on the
condition of the educational program and facilities in the district; and
6.
Keep informed regarding current research in the field of education and
inform the Board as appropriate.
In the discharge of his/her responsibility for the direction and welfare of pupils,
the Superintendent shall:
1.
Strive to motivate pupils to achieve their individual best;
E.
2.
Create a climate of respect for authority and discipline in each of the
schools of the district;
3.
Report to the Board at its next meeting the suspension of a pupil; and
4.
Recommend any changes in the program of pupil management and
support as necessary to respond to district needs.
In the discharge of his/her responsibility for the supervision of district
employees, the Superintendent shall:
Recommend to the Board all properly certified candidates for
employment, assignment, or transfer;
F.
2.
Assign staff so as to achieve maximum effectiveness in the attainment of
educational goals;
3.
Train staff as necessary to implement approved changes in the curriculum
or instructional methods of the district;
4.
Evaluate the effectiveness of staff members in the performance of their
assigned tasks;
5.
Recommend changes in staffing patterns based on the evaluation of staff
and program effectiveness; and
6.
Discipline staff as required and report to the Board forthwith any
suspension of a teaching staff member.
In the discharge of his/her responsibility for the maintenance of the physical
plant, the Superintendent shall:
Strive to make efficient use of district resources in the daily operations of
the schools;
2.
Assign support staff so as to achieve maximum effectiveness from the
facilities of the district;
3.
Train support staff as necessary to maintain the facilities and to avoid
safety and environmental hazards; and
4.
Evaluate the effectiveness of the district facilities in housing the
instructional program and recommend to the Board such changes and
improvements as may be required.
G.
In the discharge of his or her responsibility for the management of the district
business affairs, the Superintendent shall:
I.
Supervise the preparation of the annual budget and recommend its
adoption to the Board;
2.
Implement the budget adopted by the Board;
3.
Establish sufficient fiscal controls to ensure that district funds are
expended wisely and efficiently; and
4.
Report to the Board at its next meeting any expenditure in excess of a
budgeted line item.
In the discharge of his/her responsibility as liaison officer to the public, the
Superintendent shall:
1.
Strive to interpret the needs of the school to the public and the concerns of
the public to the Board;
2.
As appropriate, involve members of the public in the review of district
needs, community needs, and the operation of the school programs;
3.
Keep the public informed about the accomplishments and challenges
of the school district;
4.
Cooperate with the news media; and
5.
Work effectively with municipal government officials and public agencies
concerned with the welfare of pupils.
Evaluation Criteria
The Superintendent will be evaluated in accordance with Policy No. 1240 and this job
description.
N.J.S.A. 18A:7A-11;18A:17-17, 18A:17-18, 18A:17-20; 18A:17-21; 18A:22-8.1;
18A:27-4,1; 18A:37-4
N,J,A.C. 6A:8-3I; 6A:32-4.1; 6A:32-12.2
Cross reference: Policy Guide Nos. 0132, 1220, 1240
Adopted: March 15, 1993
Revised: August 29, 2011
APPENDIX 4
Public Statement:
In order to pursue other professional opportunities, I am submitting my resignation as
Superintendent of the DeIran Township School District effective 12:01 a.m. on July 1, 2014.
APPENDIX 5
Delran Board of Education
52 Hartford Rd
Delran, NJ 08075
. 2014
To Whom It May Concern,
This correspondence is to serve as a reference letter for Dr. Patricia Camp, Delran Township School District
Superintendent from June I, 2011, through June 30, 2014. Dr. Camp's strengths include knowledge of current
educational trends; TEACHNJ, including teacher & principal evaluation systems (Danielson & Marshall,
respectively); and PARCC-readiness.
In her short time in Delran. Dr. Camp made an impact in a number of areas. Dr. Camp coordinated a NJSBAfacilitated Strategic Planning: focus on student achievement, financial efficiencies, and community relationships.
She restored needed instructional positions that were cut in 2010: middle school academic teaming, high school
and kindergarten teachers. Dr. Camp instituted rigorous, objective hiring processes, with a preference for dual
certified elementary teachers. Dr. Camp was an active participant in traditional contract negotiations for teachers
and administrators. Dr. Camp increased community input through monthly "Coffee with the Superintendent"
open meetings, and attended many district events.
you have any additional questions, please feel free to contact me.
Sincerely,
Diane Zierler,
Board President
CONFIDENTIAL SEPARATION AGREEMENT AND GENERAL RELEASE
BETWEEN PATRICIA CAMP, PH.D., AND
THE DELRAN TOWNSHIP BOARD OF EDUCATION
SALARY DUE:
3 months pay for each year of the contract:
2014-2015
2015-2016
2016-2017
Months of pay
3
3
3
9 (A)
PER DIEM
Current Annual Salary
$156,060.00
Monthly Salary
$ 13,005.00 (B)
Daily Salary
$
TOTAL DUE — SALARY
$117,045.00 (A) x (B)
TOTAL DUE -
$117,045.00
600.23