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The board offered Ramon Cortines $350,000, but Cortines negotiated down to $300,000 without medical coverage. The district already pays for a long-term care policy for Cortines under a previous employment agreement, according to the contract.
The board offered Ramon Cortines $350,000, but Cortines negotiated down to $300,000 without medical coverage. The district already pays for a long-term care policy for Cortines under a previous employment agreement, according to the contract.
The board offered Ramon Cortines $350,000, but Cortines negotiated down to $300,000 without medical coverage. The district already pays for a long-term care policy for Cortines under a previous employment agreement, according to the contract.
EMPLOYMENT AGREEMENT GENERAL SUPERINTENDENT OF SCHOOLS This agreement (Agreement) is made and entered into by and between the Board Of Education Of The Los Angeles Unified School District, hereinafter referred to as "the Board of Education" or "the Board" (on behalf of the District), and Ramon Cortines, hereinafter referred to as "Cortines" or "the General Superintendent," hereinafter collectively referred to as "the parties." WITNESSETH The parties do hereby contract and agree as follows: 1. Pursuant to the provisions of Education Code section 35031, the Board of Education and the General Superintendent hereby enter into this agreement ("Agreement"), to be effective October 20, 2014, under the terms and conditions set forth herein. To the extent any previous contracts of employment between the parties, including but not limited to, the agreements dated July 1, 2008 and December 16, 2008, remain in existence, such agreements are superseded by this Agreement and the prior agreements are null and void and of no further effect, except as provided in Paragraph 8, below. This is the complete agreement between the parties and may only be modified by a writing signed by the parties. 2. The Board hereby employs Cortines as the General Superintendent of Schools of the Los Angeles Unified School District ("District") and any successor district thereto, commencing October 20, 2014, and ending June 30, 2015, unless mutually extended by the parties and such period being subject to the provisions of paragraph 3, below. Cortines accepts such employment, but declines to accept the full benefits and rights afforded District employees, including rights provided by law. Instead, the benefits and rights afforded to him are as specified in this Agreement.
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3. The termination date of this Agreement may be accelerated at any time, if either party to this Agreement notifies the other, in writing, of its or his intention to do so, at least 30 days in advance of the effective date of such accelerated termination. The notice of acceleration is in the absolute discretion of the party giving the notice, and may be taken unilaterally without any additional payment required. Each party recognizes that the giving of such notice by the other party will not be required to meet any test of reasonableness or good faith. The taking of such action by the Board is not intended to, and will not be, a constructive termination or similar event. The taking of such action by the General Superintendent will not be an anticipatory breach of the Agreement. 4. Cortines understands that he shall not obtain permanent status as a result of this Agreement, and that upon termination of his employment as General Superintendent, whether under the provisions of paragraph 2 or paragraph 3, no further amounts will be owing to him, other than as specifically provided in this Agreement. 5. As stated in Education Code section 35035, the General Superintendent shall be the Chief Executive Officer of the Board of Education, and shall have all the powers and perform all the duties of the General Superintendent of Schools for the District as provided by law and the Board of Education, and shall devote all time necessary to perform said duties. It is understood and agreed that the General Superintendent will be given discretion over personnel appointments. The General Superintendent understands and agrees to give the Board prior notification on appointments to senior management positions, which shall be presented to the Board for ratification. 6. The annual salary for the position of General Superintendent is the sum of Three Hundred Fifty Thousand Dollars ($350,000), but Cortines has declined to accept that amount. Instead, the parties have agreed that the annual salary for the term of this Agreement shall be the sum of Three Hundred Thousand Dollars ($300,000), which sum
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shall be apportioned and paid on the payroll period in effect for twelve-month certificated employees of the District. 7. Cortines declines to participate in the District's program of health insurance for full-time District employees. Cortines understands that he is eligible to receive subsidized employee only medical coverage in accordance with the terms of Districts health plan and the Affordable Care Act. Cortines has determined that he wishes to decline subsidized medical coverage under Districts health plan and warrants that no inducement has been made by the District to cause him to waive this health coverage. In lieu of health insurance, the District will honor the long-term care policy provision included as part of Cortines' previous employment agreement as Senior Deputy Superintendent, entered into in July 2008. 8. Because Cortines will resume the status of a full-time employee, the District will make the normal employer's contributions to the California State Teachers Retirement System on his behalf, as required by law. 9. Except as provided otherwise in Paragraph 8 above, the General Superintendent shall be entitled to all benefits and rights available to twelve-month certificated employees, including, but not limited to, vacation benefits (including the "cap" on accrual of vacation benefits), as presently provided or as may be later provided by law or rule of the Board of Education. At the conclusion of this contract on June 30, 2015, or on any accelerated termination date established by either party pursuant to the provisions of paragraph 3, above, the General Superintendent shall be entitled to lump sum compensation for accrued vacation, earned under the terms of this Agreement, at the salary rate effective at the time of the termination of this Agreement. 10. The Board of Education agrees to furnish the General Superintendent an automobile and driver for his business use. The General Superintendent will keep adequate
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records as specified by the Controller. The District will compute personal mileage, which will be recorded as compensation to the General Superintendent. 11. The Board of Education agrees to pay the expenses for the General Superintendent to attend appropriate professional and official meetings at the local, state and national levels, subject to approval by the Board. In addition, the Board of Education agrees to furnish appropriate professional expenses incurred in performing the duties of the General Superintendent. 12. The Board of Education agrees to pay the annual fee for membership of the General Superintendent in appropriate professional organizations. 13. Cortines declines to accept any housing allowance which might otherwise have been made available to him as General Superintendent. 14. The parties understand that, in accordance with Government Code section 995 et seq., the District will provide a legal defense for the General Superintendent in any action brought against him in his official or individual capacity, on account of any act or omission in the course and scope of his employment with the District. The District will also pay any judgment, compromise or settlement reached in conjunction with such defense, in accordance with Government Code section 825 et seq. 15. Any disputes or claims otherwise cognizable in court, arising out of or relating to termination of Cortines' assignment or employment shall be submitted to binding arbitration in Los Angeles, California, pursuant to the Employment Arbitration Rules of the American Arbitration Association. 16. This Agreement shall be governed by the law of the State of California. It is the desire of the parties that the Agreement be binding and enforceable to the maximum extent permitted by law. The parties agree that if, in any action or arbitration relating to the Agreement, any provision, term, right, restriction, covenant or promise in the Agreement is
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found to be invalid, illegal or unenforceable for any reason, then such provision, term, right, restriction, covenant or promise shall be deemed modified (and the Board of Education agrees to seek to have the court or arbitrator make such Modification) to the minimum extent necessary to make it valid and enforceable. Should any provision of this Agreement be declared or be determined by a court of law or other tribunal of valid jurisdiction, to be illegal or invalid, the validity of the remaining parts, terms and provisions shall not be affected thereby, and said illegal or invalid part, term or provision shall be deemed not to be a part of this Agreement. 17. Copies of this Agreement shall be made available to the public upon request. 18. This Agreement is entered into subject to ratification by a vote of the Board of Education, and is null and void and of no further force or effect if not so ratified. 19. Although there is a 30-day termination clause in this Agreement and therefore no payment beyond 30 days is available, the following language is included to comply with Government Code section 53260: This is to confirm that regardless of the term of this Agreement, if this Agreement is terminated the maximum cash settlement that the General Superintendent may receive shall be an amount equal to the monthly salary of the General Superintendent multiplied by the number of months left on the unexpired term of the Agreement. However, if the unexpired term of the contract is greater than 18 months, the maximum cash settlement shall be an amount equal to the monthly salary of the General Superintendent multiplied by 18. 20. Pursuant to Education Code section 35031, in the event the Board of Education determines that the General Superintendent is not to be reelected or reemployed as such upon the expiration of his term, he shall be given written notice thereof by the Board of Education at least 45 days in advance of the expiration of his term (i.e., 45 days prior to June 30, 2015). In the event the Board of Education fails to reelect or reemploy the
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General Superintendent as such and the written notice herein provided for has not been given, he shall be deemed reelected for a term of the same length as the one completed, and under the same terms and conditions and with the same compensation. IN WITNESS WHEREOF, the District has caused this Agreement to be executed by its School Board President ("Board President") on its behalf, and the Board President has
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executed the same this ___ day of October, 2014, and Cortines has executed the Agreement on or before said date.
LOS ANGELES UNIFIED SCHOOL DISTRICT
By: ________________________________ DR. RICHARD VLADOVIC Board President GENERAL SUPERINTENDENT
By: _______________________________ RAMON CORTINES