HOUSE BILL 70

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

William "Bill" R. Rehm

AN ACT

RELATING TO PUBLIC SCHOOLS; PROVIDING LOCAL SUPERINTENDENT EMPLOYMENT CRITERIA.

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. screen, conduct comprehensive background checks on and rank applicants for the position of local superintendent; employ a local superintendent for the school district; [and] fix the superintendent's salary; determine or change the superintendent's job duties to serve the needs of the school district; supervise the superintendent; and conduct performance evaluations of the superintendent;

          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. For a local superintendent whose employment contract is executed or renewed after July 1, 2017, the terms of employment and termination of the local superintendent shall comply with the provisions of Section 22-5-4 NMSA 1978 and this section, notwithstanding any contrary provision in the Public School Code. The employment contract shall be a written public record.

          B. An employment contract with a local superintendent 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.

          C. A performance evaluation of a local superintendent shall:

                (1) be conducted by the local school board at least twice during the first year of a new local superintendent's employment and at least once during each subsequent year; and

                (2) include a review of:

                     (a) the quality of performance of job duties; and

                     (b) the alignment of the local superintendent's job performance to the needs of the school district.

          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 B of this section. The term of a renewed contract shall not exceed two years. A renewed contract is contingent upon a local superintendent's successful completion of 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 eight 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 eight weeks' salary. Severance pay shall not be provided before the local superintendent executes a release of claims agreement; or

                     (b) for just cause, with no severance pay.

          G. Just cause:

                (1) shall be determined by the local school board; and

                (2) may include:

                     (a) inadequate performance or nonperformance of job duties;

                     (b) incompetence; 

                     (c) insubordination;

                     (d) falsification or deliberate omission of material information during application for employment or on a school district document or record;

                     (e) breach of fiduciary duties;

                     (f) misappropriation or personal use of school district funds, property or resources;

                     (g) creating a hostile working environment;

                     (h) sexual harassment;

                     (i) discrimination against or harassment of a person on the basis of race, national origin, gender, age, sexual orientation or other legally protected status;

                     (j) substance abuse;

                     (k) moral turpitude;

                     (l) gross or willful misconduct;

                     (m) conviction of a felony or misdemeanor;

                     (n) violation of confidentiality or release of confidential information; or

                     (o) conduct or behavior that causes damage to the school district or its reputation, programs, property, employees or students.

          H. 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."

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