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EMPLOYMENT AGREEMENT

Between
CLARK COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES
And
JESUS JARA

THIS AGREEMENT is entered into as of the _____ day of ________, 2018


between the Board of School Trustees of the Clark County School District, (hereinafter
“Board”); and Jesus Jara, (hereinafter “Dr. Jara”).

WITNESSETH

WHEREAS, the Board has determined that Dr. Jara possesses the requisite
experience, leadership, and management qualifications necessary to lead the Clark County
School District (hereinafter “District”), and

WHEREAS, the Board, at a meeting held on May 2, 2018, approved the employment
of Dr. Jara as Superintendent of Schools, and

WHEREAS, Superintendent of Schools, Dr. Jara desires to be employed by the


Board in accordance with the terms of this Employment Agreement (hereinafter
“Agreement”).

NOW, THEREFORE, the parties hereto agree to enter into a contract of


employment under the following terms and conditions:

1. Position. Dr. Jara shall occupy the position of Clark County School District
Superintendent of Schools and shall be considered an employee of the District entitled to the
rights and protections of, and subject to limitations imposed upon, employees of school
districts under the laws of the State of Nevada, as more specifically set forth below.

2. Term.

a. Term of Service. The term of this Agreement shall commence on June


19, 2018 and conclude on June 30, 2021. If the Board determines that this Agreement is not
to be extended for an additional year beyond June 30 of each year, the Board shall give
written notice of the same to Dr. Jara no later than the last business day of February of each
year. If no notice is received, this contract is automatically renewed for an additional year
under the same terms and conditions hereof, with the salary base pay to be reviewed annually
and not to be less than the salary set forth in Paragraph 5 below.

3. Duties.

a. Administration of the District. Dr. Jara shall be responsible for and


perform all acts and duties of the District Superintendent of Schools including, but not
limited to the following:

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(1) All duties and responsibilities of District Superintendent of Schools generally
imposed by or implied from the Board’s Governance Policies and the laws of the State of
Nevada, including applicable laws, rules or regulations of the State or the District;

(2) Service as the Chief Executive Officer;

(3) Shall follow all lawful directions of the Board, made at a duly noticed meeting of
the Board, which are in compliance with the currently adopted policy of governance

(4) Shall be notified of and allowed to attend all meetings of the Board, including any
closed sessions.

(5) Shall hire, fire, and reassign personnel in accordance with collective bargaining
agreements, state law, and Board policies.

b. Covenant of Confidentiality. Except as otherwise required by Nevada law


or order of a court of competent jurisdiction, Dr. Jara will not communicate to any person or
entity any confidential document or information that may be received by him or come to his
attention during the course of his employment with the District except as necessary or
appropriate to carry out the Board’s directions and policies, and for the effective
administration of the District. This covenant shall survive the termination of this Agreement,
and shall be enforceable, in addition to other remedies provided by law or this Agreement, by
injunctive relief issued by a court of competent jurisdiction.

c. Devotion of Time to the District. Dr. Jara shall devote all of his professional
time, attention, knowledge, and skills solely and exclusively to the business and interests of
the Board and the District. Dr. Jara may, however, undertake such consulting work, speaking
engagements, writing, lecturing or other activities as do not interfere with the discharge of his
duties and responsibilities hereunder. Dr. Jara shall inform the Board of any such activities
undertaken and the time commitment associated therewith. Dr. Jara shall refrain from such
above activities if the Board requests him to do so. The determination of the Board as to
whether such other work interferes with the discharge of Dr. Jara’s duties and responsibilities
hereunder shall be conclusive.

d. Adherence to the Board’s Policies. The parties hereto agree that they are
operating under the Board’s current policies developed and adopted in compliance with
Nevada law and that the Superintendent is accountable to the Board as a whole and not to
individual members of the Board. In the event of a change in governance policy, the District
shall provide Dr. Jara with opportunities for appropriate training in the principles of any
newly adopted governance policy.

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e. Communication. Dr. Jara acknowledges and agrees that it is his
responsibility to keep the trustees of the Board updated in a timely manner on developments,
occurrences, and activities of the District and its staff members on matters of public
importance, matters impacting the trustees’ duties and ability to establish policies and
monitor compliance with those policies and matters which affect the financial security or
efficacy in meeting its mission.

The Board acknowledges and agrees they, individually and collectively, shall refer in a
timely manner all substantive criticisms, complaints, and suggestions called to the Board's
attention either: (a) to the Superintendent for study and/or appropriate action, and the
Superintendent shall refer such matter(s) to the appropriate District employee or shall
investigate such matter(s) and shall within a reasonable time inform the Board of the results
of such efforts; or, (b) to the appropriate complaint resolution procedure as established by
District Board policies.

Individual Board members shall direct all inquiries and requests for information to the
Superintendent, and the Superintendent shall make known all such inquiries, responses and
information from/for individual Board members to the entire Board. Individual Board
members shall not direct or require the Superintendent or other District employees to prepare
reports derived from the analysis of information in existing District records or to create a new
record compiled from information in existing District records. Directives to the
Superintendent or other employees regarding preparation of reports shall be by Board
directive.

The Board and the Superintendent shall maintain a working relationship that is in the best
interests of the District. The Board shall provide the Superintendent with periodic
opportunities to discuss the Superintendent/Board relationship.

5. Compensation.

a. Salary. For all services rendered by the Superintendent in any capacity


during his employment under this Agreement, the District shall pay Dr. Jara a salary of
$320,000.00 per year less any deductions required by law. This salary shall be paid in equal
bimonthly installments in accordance with the practice of the District governing its full-time
professional employees. The Board retains the right, but is not obligated to make further
adjustments in the salary and incentives provided to Dr. Jara during the term of this
Agreement or any extension thereof. It is understood that any adjustment to salary or
benefits shall not be construed as a new agreement or extension of this Agreement. The
District shall pay all contributions for Dr. Jara’s employment credit in the Nevada Public
Employees’ Retirement System during his tenure as Superintendent, except as expressly
prohibited by statute.

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b. Benefits.

(1) Health Insurance Plan. The District will pay the premium for Dr.
Jara’s coverage and Dr. Jara will pay the premium for coverage for any eligible dependents
to be covered under the health insurance plan Dr. Jara is currently eligible for. Dr. Jara is
currently eligible for the benefit plan provided for under the Negotiated Agreement between
the Clark County School District and the Clark County Association of School Administrators
and Professional-technical Employees. This plan currently includes medical, dental, vision,
long-term disability insurance and long-term care. This plan also currently includes two life
insurance policies: one for $50,000.00 provided as part of the District’s benefits package
under the Negotiated Agreement between the Clark County School District and the Clark
County Association of School Administrators and Professional-technical Employees; and one
for $100,000.00 provided by the Clark County Association of School Administrators and
Professional-technical Employees.

(2) Other Insurance. Through the life of this Agreement, Dr. Jara shall be
entitled to, and benefit from, all retirement benefits not specifically excluded by this
Agreement available to administrators on the District’s Unified Administrative Salary
Schedule.
(3) Vehicle. The District shall pay Dr. Jara $700.00 per month toward his
private vehicle expenses. Dr. Jara shall bear and be fully responsible for the expense of lease
or purchase obligations, insurance, and maintenance of his private vehicle.

(4) Technology. The District shall provide Dr. Jara with appropriate
technology that will assist Dr. Jara in the performance of his duties and responsibilities. This
shall include a cell phone (or equivalent stipend), Ipad, laptop and printer. The District shall
own this technology. Upon termination of this Employment Contract, the Dr. Jara shall
return all District equipment.

(5 ) Professional Expenses. The Superintendent of the Clark County School


District is expected to be visible in the schools and actively participate in community affairs.
To that end, Dr. Jara shall submit a list of the expenses he incurs while fulfilling this
expectation, and will be reimbursed for submitted expenses up to the amount of $600.00 per
month to defray the expenses associated with these activities. Dr. Jara shall regularly report to
the Board on his participation in community activities.

In addition, Dr. Jara may expend up to $4,000.00 per annum of the District’s funds for
reasonable costs associated with professional dues and attendance at local, state and national
school-related professional meetings. Dr. Jara shall comply with all District regulations for
required approvals of such latter expenses. Nothing in this paragraph should be construed as
precluding Dr. Jara from requesting Board approval for funding of additional district related
expenses.

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(6) Leave accruals. Dr. Jara shall be entitled to the accrual, use, and buyout
of leave as set forth in the Clark County Association of School Administrators and
Professional-Technical Employees (CCASAPE) Agreement. On each anniversary of the
commencement of his service, Dr. Jara may elect to have the District compensate him for up
to five (5) days of vacation leave unused during the just completed year of this Agreement at
the rate of pay in effect at the end of said year. For this purpose, Dr. Jara is not restricted by
the accumulation requirements set forth in the CCASAPE agreement.

(7) Wellness benefit. Dr. Jara is entitled to be reimbursed for expenses


related to health and wellness not covered by District provided insurance up to the amount of
$5,000.00 each year of this agreement.

(8) Performance Bonus. Upon completing the Dr. Jara’s annual performance
evaluation of each year of this Contract, the District may pay Dr. Jara as salary, on or before
July 1st of each year of the Contract, an additional Salary Performance Incentive up to 5% of
his salary at that time of the evaluation per year at the sole discretion of the Board.

(9) Relocation Expenses. In connection with the necessary relocation Dr. Jara
and his family to the District, the District shall reimburse Dr. Jara up to $10,000 for the cost
in moving and relocating the Dr. Jara’s family and belongings. Payment shall be made within
30 days after receipt of t invoices and other documentation of expenses.

6. Evaluation of Performance.

This Board shall evaluate the performance of the District under Dr. Jara’s administration at
least once each year, as provided in the Board Governance Policies at Board and
Superintendent Linkage Number 5 (B/SL-5): Monitoring Superintendent Performance or by
other means that the Board may formally adopt.

a. Development of Goals. The Superintendent shall by July 1, 2018 and thereafter


on or before February 1 of each succeeding year of this Contract, recommend for the Board's
consideration and adoption a preliminary list of goals for the District ("District Goals")
aligned with the District’s strategic plan. The goals approved by the Board shall be reduced
to writing and shall be among the criteria on which the Superintendent's performance will be
reviewed and evaluated. The Board agrees to work with and support the Superintendent in
achieving the District Goals.

b. Annual Review of the Performance. The Board shall evaluate and assess the
performance of the Superintendent in writing at a mutually agreed upon time, not later than
December 15 of each year of this Contract. The evaluation and assessment shall be related to
the duties of the Superintendent as outlined in this Contract and consistent with Board Policy
and the annual goals for the District.

c. Annual Evaluation Format and Procedure. The annual evaluation format and
procedure shall be in accordance with the Board's policies and state and federal law and in
consultation with the Superintendent. In the event the Board deems that the evaluation

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instrument, format and/or procedure is to be modified by the Board, the Superintendent shall
be provided a reasonable period of time to demonstrate such expected performance before
being evaluated.

d. Other Interim Evaluations. Nothing in this Contract prohibits or limits the


Board's ability to conduct formal or informal interim evaluations, between annual
performance evaluations, regarding the performance of the Superintendent, as deemed by the
Board in its sole discretion to be necessary or helpful.

7. Termination of Agreement.

a. Termination by Resignation of Superintendent. Dr. Jara may terminate


this Agreement by giving notice in writing to the Board at least ninety (90) days prior to the
date on which he intends to terminate the Agreement. In the event of such notice, Dr. Jara
shall be entitled to receive all pay and benefits accrued under this Agreement to and
including the effective date of his termination. In the event that Dr. Jara terminates this
Agreement with an effective date which precedes the end of the term of this Agreement or
any extension thereof, Dr. Jara shall not be entitled to any benefit that accrues at the end of
the term or extension thereof.

b. Termination for Convenience by Board. The Board may terminate this


Agreement by providing Dr. Jara with thirty (30) days of written notice of the termination.
In the event of such notice, this Agreement shall be at an end on that 30th day. Dr. Jara shall
be paid all salary and monetary equivalent of employee benefits owing to Dr. Jara hereunder
until the end of the term or extension of this Agreement. Other than said payments and the
payout of accumulated benefits as provided herein in Paragraph 5(b), the Board and District
shall have no further obligation to Dr. Jara under this Agreement.

c. Termination for Cause. In the event of termination for cause, the Board
shall give Dr. Jara at least thirty (30) days written notice prior to the date upon which Dr.
Jara’s employment will be terminated. Upon Termination for Cause, Dr. Jara shall be
entitled to the same benefits as if he had voluntarily resigned effective before the expiration
of the term of this Agreement. In addition to grounds for termination for cause commonly
recognized by law, the Board may terminate this Agreement for cause upon the occurrence of
any of the following events:

(1) failure to obtain and maintain certification, after notice to Dr. Jara and
opportunity to cure;

(2) the conviction of any felony or a misdemeanor offense involving moral


turpitude or relating to his employment as the District’s Superintendent of Schools;

(3) an act or omission constituting malfeasance or nonfeasance in office whether


or not a criminal proceeding is instituted;

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(4) the neglect or refusal of Dr. Jara to discharge the substantial duties of his
office for a period of thirty (30) days;

(5) willful refusal to follow a lawful order of the Board;

(6) habitual intoxication or abuse of drugs;

(7) illness rendering Dr. Jara unable to perform the duties of his position for a
period of sixty (60) days. Termination due to this ground shall cease the District’s obligation
to pay any unearned salary to Dr. Jara, but such termination shall not be deemed to affect any
other benefits which may have accrued to the Superintendent of Schools at the time of
termination, including, but not limited to, those available under the applicable retirement
program, disability insurance, health insurance, worker’s compensation, and payment of
accrued leave; and

(8) death. In the event of Dr. Jara’s death during the term of this Agreement, the
District shall pay to the estate of Dr. Jara the compensation which otherwise would be
payable to Dr. Jara up to the end of the month in which his death occurs. Thereafter, the
Board and District shall have no further responsibilities hereunder, except for benefits which
are contractually or legally due to his dependents.

d. Procedures. The procedural requirements contained in Nevada Revised


Statutes (NRS) 391.311 et seq. do not apply to termination of this Agreement for cause. In
the event that the Board exercises its right to terminate this Agreement for cause, Dr. Jara
shall have the right to receive, prior to the effective date of termination, written charges, and
on request by Dr. Jara, a fair hearing before the Board or a hearing officer of its choice. Dr.
Jara shall give notice of his desire for such a hearing within ten (10) business days after
receipt of notice of termination. Such a hearing shall be held within sixty (60) days of receipt
of notice for request of hearing, but may be held no sooner than twenty-one (21) days after
notice of the date of the hearing is provided to Dr. Jara. Dr. Jara may be suspended without
pay during the pendency of the hearing, commencing after receipt of written charges.

8. Remedies for Breach.

The Superintendent of Schools shall fulfill all aspects of this Agreement. The waiver
by the Board of the performance of any requirement or obligation under this Agreement shall
not relieve the Superintendent of Schools from any future requirement or obligation. A
breach of any material term or condition of this Agreement by the Superintendent may, at the
discretion of the Board, be considered as cause for termination of this Agreement pursuant to
Section 7(c) of this Agreement.

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9. Cooperation in Litigation after Termination.

Subject to the limits provided in Nevada law, the District shall indemnify and defend
Dr. Jara from any and all demands, claims, suits, actions, and legal proceedings brought
against Dr. Jara arising out of his alleged acts or omissions in the course and scope of his
employment with the District. Dr. Jara agrees, upon reasonable notice, to furnish such
information and proper assistance to the District as may reasonably be required by it in
connection with any litigation in which it or any of its officers, employees, or agents is or
may become a party, which arose during the tenure of Dr. Jara’s employment with the
District. The District shall attempt to schedule Dr. Jara’s obligations under this provision in
accordance with whatever new responsibilities he has assumed. This covenant shall survive
the termination of this Agreement, and shall be enforceable, in addition to other remedies
provided by law or this Agreement, by injunctive relief issued by a court of competent
jurisdiction.

10. Governing Law.

This Agreement has been executed in the State of Nevada and shall be governed by
and in accordance with the laws of the State of Nevada and other applicable Nevada and
local laws, rules, and regulations. This Agreement is further subject to the Board’s
Governance Policies, rules, and regulations as now or hereafter adopted.

11. Notices.

Any notice that either party may be required to give hereunder shall be deemed to be
duly given when delivered personally or, if mailed, three (3) days after receipt of certified
mail, postage prepaid, to the party to whom notice is being given at the respective address
below, or at such other address of which such party shall have given to the other:

To the Board: Attn: Board Secretary


Clark County School District Board of Trustees
5100 W. Sahara Avenue, 4th Floor
Las Vegas, Nevada 89146

To Dr. Jara: Office of the Superintendent


Clark County School District
5100 W. Sahara Avenue, 4th Floor
Las Vegas, Nevada 89146

12. Amendment.

This Agreement may be amended only by an instrument in writing duly executed by


the parties hereto.

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13. Waiver.

No provision in this Agreement may be waived except in a writing signed by the


party to be bound thereby.

14. Headings.

Paragraph headings and numbers have been inserted for convenience of reference
only. If there shall be any conflict between any such headings and numbers and the text of
this Agreement, the text shall control.

15. Exclusive terms.

This Agreement contains all of the terms agreed upon by the parties with respect to
the subject matter hereof and supersedes all prior Agreements or contracts, and any other
arrangements and communications between the parties concerning such subject matter
whether oral or written.

16. Withholding from Compensation.

The District may withhold from any benefits payable under this Agreement all
federal, state, city or other taxes as shall be required pursuant to any law or governmental
regulations or ruling.

17. Nonassignability.

This Agreement is made for the acquisition of the personal services of Dr. Jara, and
neither this Agreement nor any rights or obligations hereunder may be assigned by Dr. Jara, his
beneficiaries, or legal representatives without the Board’s prior written consent, provided,
however, that nothing in this paragraph shall preclude (i) Dr. Jara from designating a beneficiary
to receive any benefit payable hereunder upon his death, or (ii) the executors, administrators, or
other legal representatives of Dr. Jara or of his estate from assigning any right payable hereunder
upon his death to the person or persons entitled thereunto.

18. No attachment.

Except as required by law, no right to receive payments under this Agreement shall
be subject to anticipation, commutation, alienation, sale, assignment, encumbrance, charge,
pledge, or hypothecation or to execution, attachment, levy, or similar process or assignment
by operation or law, and any attempt, voluntary, or involuntary, to effect any such action
shall be null, void, and of no effect.

19. Severability.

The provisions of this Agreement shall be deemed severable, and the invalidity of any
portion hereof shall not affect the validity of the remainder thereof.

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20. Binding effect.

This Agreement shall be binding upon and inure to the benefit of the respective
parties and their respective heirs, legal representatives, successors and assigns.

....

....

....

IN WITNESS WHEREOF, the parties hereto have duly executed this Employment
Agreement as of the day and year first above written.

CLARK COUNTY SCHOOL DISTRICT


Attest: BOARD OF SCHOOL TRUSTEES

By:___________________________ By:________________________________
Lola Brooks, Clerk Deanna Wright, President

SUPERINTENDENT OF SCHOOLS

By:_______________________________
Jesus Jara
Approved as to form:

STEVEN B. WOLFSON
DISTRICT ATTORNEY

By:______________________________
Mary-Anne Miller
County Counsel

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