HOUSE BILL 41

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

William "Bill" R. Rehm

AN ACT

RELATING TO PUBLIC SCHOOLS; PROVIDING LOCAL SUPERINTENDENT EMPLOYMENT CONTRACT CRITERIA; PROVIDING THAT THE SCHOOL PERSONNEL ACT DOES NOT APPLY TO A SUPERINTENDENT, ASSISTANT SUPERINTENDENT OR ANY SCHOOL DISTRICT OR SCHOOL EMPLOYEE WHOSE ANNUAL SALARY EXCEEDS ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000).

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 pursuant to a written employment contract in accordance with the provisions of Section 2 of this 2016 act;

          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."

     SECTION 2. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] LOCAL SCHOOL BOARDS--LOCAL SUPERINTENDENT EMPLOYMENT CONTRACTS.--

          A. Starting July 1, 2016, an employment contract or a renewal of an employment contract executed between a local school board and a local superintendent shall comply with the provisions of this section. The contract shall be a written public record.

           B. A local superintendent is:

                (1) an at-will employee of a local school board;

                (2) subject to the provisions of a written employment contract executed with a local school board; and

                (3) not subject to the provisions of the School Personnel Act.

          C. An employment contract shall include at least the following terms:

                (1) the amount of the local superintendent's salary and a list of benefits included as compensation;

                (2) the minimum duties and performance requirements expected of the local superintendent; and

                (3) the dates of the employment period not to exceed two years.

          D. If a local school board chooses to renew a local superintendent's employment contract, the renewal shall be executed no earlier than six months prior to the end of a contract period and shall include the terms itemized in Subsection C of this section. A renewed contract is contingent upon a local superintendent completing the terms of an existing contract.

          E. Termination of a local superintendent's employment may occur at the end of the contract period, with no severance pay.

          F. Termination of a local superintendent's employment may occur during the contract period:

                (1) upon the provision of at least four weeks' notice of resignation by the local superintendent, with no severance pay; or

                (2) by a decision of a majority of the members of the local school board at a public meeting that the employment contract be terminated:

                     (a) without cause, with a determination of the amount of severance pay, if any, not to exceed four weeks' salary. Severance pay shall not be provided before the local superintendent executes a release of claims agreement; or

                     (b) with cause, with no severance pay. Cause shall be determined by the local school board. A local superintendent terminated for cause may request a hearing conducted by the local school board to review its determination. Within thirty days of the local school board's decision, a local superintendent may appeal to the secretary."

     SECTION 3. A new section of the School Personnel Act is enacted to read:

     "[NEW MATERIAL] APPLICABILITY.--The School Personnel Act does not apply to:

          A. a local superintendent;

          B. an assistant superintendent; or

          C. a school district or school employee who earns an annual salary greater than one hundred fifty thousand dollars ($150,000)."

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