- Last Updated on Monday, 05 December 2016 08:57
2.0 Global Superintendent Constraint
The Superintendent shall not cause or allow any practice, activity, decision, or organizational circumstance that is unlawful, imprudent, in violation of commonly accepted business and professional ethics and practices or violate the mission and core values of the school district.
2.1 Treatment of Parents, Guardians, Students, and Citizens
With respect to the treatment of parents, guardians, students, and the public, the Superintendent shall not allow conditions, procedures, actions, or decisions which are unlawful, unethical, unsafe, disrespectful, disruptive, undignified, or in violation of Board policy.
Accordingly the superintendent shall not:
1) Use methods of managing information that fail to protect confidential information.
2) Elicit information for which there is no clear necessity.
3) Fail to provide a process for the effective and efficient handling of complaints and concerns.
4) Fail to establish the clear expectation that all employee behaviors and attitudes contribute to an organized culture that is open and responsive, treating stakeholders with respect, dignity, and courtesy, and establishing a system-wide process for monitoring that culture.
5) Fail to assure a system of communication between the school district and parents that provides for two-way, timely, and full information about academic progress, safety, and other important matters relating to education.
6) Fail to operate facilities with appropriate accessibility and privacy and meeting high health and safety standards.
7) Fail to inform parents, guardians, students, and citizens of this policy or to provide a way to be heard for persons who believe they have not been accorded a reasonable interpretation of their protection under this policy.
8) Fail to establish procedures which respect the diversity of faiths and viewpoints within the school community and which seek to eliminate conflict between recognized religious holidays and academic and co-curricular timetables.
9) Fail to establish procedures for the dissemination of non-school-sponsored materials.
10) Fail to establish procedures regarding the posting, dissemination and exhibition of material which promote the free exercise of speech and expression by students while maintaining an environment that is consistent with the district’s educational mission.
2.2 Treatment of Staff
With respect to treatment of paid and volunteer staff, the Superintendent shall not cause or allow conditions, procedures, actions, or decisions which are unlawful, unethical, unsafe, disrespectful, undignified, or in violation of Board policy or negotiated agreements.
Accordingly the superintendent shall not:
1) Fail to establish operational procedures to ensure an organizational culture that conforms to the following values:
a. Student-centered education,
f. Open and honest communication in all written and interpersonal interaction,
g. Respect for others and their opinion,
h. Common organizational goals as expressed in Board Ends policies,
i. Appropriate confidentiality, and
j. Commitment to the integrity and the positive image of the district, its students, leaders, and staff.
2) Fail to select the most highly qualified and best-suited candidates for employment.
3) Operate without written personnel policies that clearly state personnel rules and procedures.
4) Fail to protect confidential information.
5) Fail to employ best practices for retention of staff, and
6) Discriminate against any staff member for non-disruptive expression of dissent.
7) Allow staff to be unprepared for emergency situations.
8) Fail to acquaint staff with the Superintendent’s interpretation of their protection under this policy.
9) Fail to establish procedures which allow for substantive input from parents and community members in the hiring of administrators, teachers, and key co-curricular employees.
2.3 Financial Condition and Activities
With respect to the actual, ongoing administration of the district’s financial assets, the Superintendent shall not cause or allow material deviation from the annual budget or budget policy adopted by the Board, cause or allow any fiscal condition that is inconsistent with achieving the Board’s ends, or places the long-term financial health of the district in jeopardy.
Accordingly, the Superintendent shall not:
1) Expend funds that have exceeded available revenue,
2) Fail to obtain Board approval to incur debt,
more than $5,000 in a single budget function,
4) Fail to arrange for the timely annual audit of all district funds and accounts,
5) Fail to provide the Board with quarterly financial reports,
6) Fail to keep complete and accurate financial records by funds and accounts in accordance with generally accepted accounting principles,
7) Fail to assure that any purchase is based upon prudent judgment and sound financial practice, including:
a. Precaution against conflict of interest,
b. Comparative prices based on items of similar quality comparing the environmental impacts of different products or services,
c. Balance between long-term quality, cost, and environmental impact,
d. Preference for Montpelier businesses within a 3% price range, and
e. Preference for products with less negative environmental impact.
8) Fail to settle payroll and debts within a timely manner,
9) Acquire, encumber, or dispose of real property,
10) Fail to aggressively pursue receivables after a reasonable grace period,
11) Fail to follow aggressive bidding procedures which maximize value to the district, and
12) Fail to make reasonable efforts to maximize grants and other revenue that does not negatively impact tax rates and is consistent with Board Ends policies.
2.4 Financial Planning and Budgeting
Financial planning for any fiscal year shall not deviate materially from the Board’s Ends policies, risk fiscal jeopardy to the district, or fail to be derived from a multi-year plan. Accordingly, the Superintendent shall not develop a budget which:
1) Exceeds the change in per pupil cost set by the Board or fails to describe the overall tax impact.
2) Fails to describe significant changes from the prior budget.
3) Fails to describe significant opportunities not included in the budget because of financial constraints.
4) Is not in a summary format understandable to the Board and presented in a manner that allows the Board to understand the relationship between the budget and the Ends priorities for the year.
5) Fails to describe revenues and expenditures.
6) Fails to show the amount spent in each budget function for the most recently completed fiscal year, the amount budgeted for each function for the current fiscal year, and the amount budgeted for the next fiscal year.
7) Fails to disclose budget-planning assumptions.
8) Plans for the expenditure in any fiscal year of more funds than are conservatively projected to be available during the year.
9) Proposes to reduce the fund balance below 2 percent.
10) Fails to take into consideration fiscal soundness in future years or ignores the building of organizational capabilities sufficient to achieve Ends in future years.
11) Fails to reflect anticipated changes in employee compensation, including inflationary adjustments, step increases, performance increases, and benefits.
The Superintendent shall not fail to seek grant and entitlement funding to support achievement of the board’s Ends policies.
2.5 Emergency Superintendent Succession
To protect the Board from sudden loss of superintendent services, the Superintendent shall not permit there to be fewer than one other administrator sufficiently familiar with board and superintendent issues and processes to take over the role of superintendent with reasonable proficiency as an interim successor
2.6 Asset Protection
The Superintendent shall not allow assets to be unprotected, inadequately maintained, inappropriately used, or unnecessarily risked. Accordingly, the Superintendent shall not:
1) Fail to maintain insurance coverage against theft and casualty losses to 100% of replacement value.
2) Fail to maintain insurance coverage against liability losses to Board members, staff, and the District itself in an amount that is reasonable for school districts of like size.
3) Fail to ensure that facilities and equipment are not subject to improper wear and tear or insufficient maintenance.
4) Allow non-bonded personnel access to material amounts of funds.
5) Expose the District, the Board, or staff to legal liability.
6) Fail to protect intellectual property, information, and files from loss or significant damage.
7) Fail to properly preserve and dispose of all records related to affairs or business of the District.
8) Invest funds in securities.
9) Fail to maintain a current and accurate inventory of all District fixed assets.
10) Fail to maintain and protect the District’s data management systems, technology infrastructure, telecommunication system, Internet service, and other District hardware and software.
2.7 Compensation and Benefits
With respect to employment, compensation, and benefits to non-unionized employees, the Superintendent shall not cause or allow jeopardy to financial integrity or to public image.
Further, without limiting the scope of the foregoing by this enumeration, the Superintendent shall not:
1) Fail to hire and retain the most qualified employees the Montpelier community can afford,
2) Fail to make compensation and benefits commitments that are consistent with Montpelier's community standards of reasonableness,
3) Set compensation and benefits that significantly vary from average salaries and benefits for comparable positions in the region,
4) Make compensation and benefits commitments to non-unionized employees that are reasonably perceived as inequitable when compared with other categories of staff,
5) Make compensation and benefits commitments to one or more non-unionized employee that are reasonably perceived as inequitable when compared with other non-unionized employees,
6) Fail to link compensation to the quality of the non-unionized employee's performance, and
7) Propose contacts that deprive the district of the flexibility to remove non-unionized employees for cause, or are of such duration that the district is unduly restricted in its ability to terminate the employment of a poorly performing employee.
2.8 Communication and Support to the Board
With respect to providing information and support to the Board, the Superintendent shall not fail to give the Board, in as clear a manner as possible, as much information as necessary to allow Board members to be adequately informed. Accordingly, the Superintendent shall not:
1) Fail to provide data on achievement, climate, and learning opportunities indicators in a timely fashion,
2) Fail to provide unbiased state and national trend information required to make realistic and appropriate means policies,
3) Fail to provide information on significant problems, the plan for addressing them, and results,
4) Fail to provide information on significant student, staff, and organizational accomplishments,
5) Neglect to submit monitoring data required by the board (see policy 3.4.4 on monitoring Superintendent performance) in a timely, accurate, and understandable fashion, directly addressing the provisions of board policies being monitored.
6) Fail to provide any significant incidental information the Board requires, including anticipated media coverage, threatened or pending law suits, and material internal and external changes,
7) Fail, when addressing official business, to deal with the Board as a whole except when fulfilling individual requests for information or responding to Board members or committees duly charged by the Board,
8) Fail to report in a timely manner any actual or anticipated noncompliance with any policy of the Board,
9) Fail to advise the Board if, in the Superintendent’s opinion, the Board is not in full compliance with its own policies on Governance Processes and Board-Superintendent Relationship, particularly in the case of Board behavior that is detrimental to the work relationship between the Board and the Superintendent, and
10) Fail to supply for the Board’s consent agenda, along with applicable monitoring information, all decisions delegated to the Superintendent yet required by law, regulation, or contract to be Board-approved.
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