HOUSE BILL 91

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Alonzo Baldonado

AN ACT

RELATING TO EDUCATION; LIMITING THE SALARY, BENEFITS AND CONTRACT PERIOD FOR LOCAL SUPERINTENDENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 22-5-4 NMSA 1978 (being Laws 1967, Chapter 16, Section 28, as amended) is amended to read:

     "22-5-4. LOCAL SCHOOL BOARDS--POWERS--DUTIES.--A local school board shall have the following powers or duties:

          A. subject to the rules of the department, develop educational policies for the school district;

          B. employ a local superintendent for the school district and fix the superintendent's salary; provided that, for any employment contract between a local school board and a local superintendent entered into after July 1, 2013, whether the contract is a new contract or a renewal of an existing contract:

                (1) the employment contract shall be in writing and shall provide that the amount of the annual salary of the superintendent shall not exceed the amount of the annual salary for the governor as set forth in Section 8-1-1 NMSA 1978;

                (2) the employment contract shall provide that the superintendent shall receive no greater than the same:

                     (a) categories of benefits as those received by public school teachers;

                     (b) percentage of employer contributions for insurance and retirement benefits as determined by salary and received by public school teachers pursuant to contribution schedules; and

                     (c) type and number of leave days as those received by public school teachers;

                (3) the local school board may include a contract provision allowing the superintendent to receive merit-based supplemental compensation; provided that:

                     (a) the annual amount of the supplemental compensation shall not exceed twenty percent of the amount of the annual salary;

                     (b) the award and amount of the supplemental compensation shall be based on merit criteria established by the local school board, and at least fifty percent of the criteria shall be linked to student performance and school grades; and

                     (c) no supplemental compensation shall be received unless expressly provided for in the employment contract;

                (4) the duration of the terms of the employment contract between the superintendent and the local school board shall not exceed three hundred sixty-five days;

                (5) the employment contract may be renewed upon the same or modified terms as permitted by law; and

                (6) the employment contract shall not be renewed prior to sixty days before the expiration of the current employment contract;

          C. review and approve the annual school district budget;

          D. acquire, lease and dispose of property;

          E. have the capacity to sue and be sued;

          F. acquire property by eminent domain pursuant to the procedures provided in the Eminent Domain Code;

          G. issue general obligation bonds of the school district;

          H. provide for the repair of and maintain all property belonging to the school district;

          I. for good cause and upon order of the district court, subpoena witnesses and documents in connection with a hearing concerning any powers or duties of the local school board;

          J. except for expenditures for salaries, contract for the expenditure of money according to the provisions of the Procurement Code;

          K. adopt rules pertaining to the administration of all powers or duties of the local school board;

          L. accept or reject any charitable gift, grant, devise or bequest. The particular gift, grant, devise or bequest accepted shall be considered an asset of the school district or the public school to which it is given;

          M. offer and, upon compliance with the conditions of such offer, pay rewards for information leading to the arrest and conviction or other appropriate disciplinary disposition by the courts or juvenile authorities of offenders in case of theft, defacement or destruction of school district property. All such rewards shall be paid from school district funds in accordance with rules promulgated by the department; and

          N. give prior approval for any educational program in a public school in the school district that is to be conducted, sponsored, carried on or caused to be carried on by a private organization or agency."

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