Can contracts include a separate provision to buy out the superintendent if a shared service or a consolidation of the district occurs?
A19. No.Contracts can include a general provision for payment as a condition of separation from service if it is not deemed by the ECS or acting ECS to be prohibitive or excessive in nature. This general provision would cover the circumstance of a consolidation or shared services. Q20. How should the ECS review a provision for payment as a condition of separation from service? A20 The ECS or acting ECS should review the provision for a determination that it is neither prohibitive nor excessive in nature and to confirm the payment does not exceed the lesser of the calculation of three months pay for every year remaining on the contract with proration for partial years, not to exceed 12 months, or the remaining salary amount due under the contract.
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