Canton, Massachusetts · Saved source text

Facilities Director - Lynch - FY20-FY22

Budgets & Finance · Fiscal year 2020 · Record ed09dec8908dcb9bc3

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CANTON PUBLIC SCHOOLS
CANTON, MASSACHUSETTS

FACILITIES DIRECTOR
EMPLOYMENT CONTRACT

JULY 1, 2019 — June 30, 2022

This AGREEMENT is made this        day of            , 2019, between Jennifer Fischer-Mueller,
Superintendent of the Canton Public Schools, hereinafter referred to as the “Superintendent”
and Brian Lynch hereinafter referred to as the “FACILITIES DIRECTOR".

IN CONSIDERATION of the mutual promises contained herein, the parties hereto mutually
covenant and agree as follows:

THIS AGREEMENT is made by and between the Canton Public Schools (hereinafter referred
to as the “CPS”) and Brian Lynch.

In consideration of the promises and mutual covenants herein contained, the parties hereto
agree as follows:

1.0 EMPLOYMENT

CPS hereby employs Brian Lynch as FACILITIES DIRECTOR for the public schools of the
Town of Canton, Massachusetts, and Brian Lynch (hereinafter referred to as the “FACILITIES
DIRECTOR’) hereby accepts such employment with the terms and conditions set forth below.

2.0 TERM OF AGREEMENT                             ‘
The FACILITIES DIRECTOR shall be employed under the terms of the contract contemplated
herein for the three (3) year period commencing on July 1, 2019 and continuing until June 30,
2022.

3.0 COMPENSATION

3.1 The FACILITIES DIRECTOR shall be paid an annual salary at the rate of one
hundred and ten thousand, five hundred, eleven ($110,511.00) dollars for the period
of July 1, 2019 - June 30, 2020. The Superintendent and the FACILITIES
DIRECTOR shall meet at least ninety (90) days prior to July 1 of each subsequent year
of the contract for the purpose of reviewing and establishing the FACILITIES
DIRECTOR'S salary to take effect as of July 1 of the next contract year.

3.2 Longevity: The FACILITIES DIRECTOR shall be paid longevity based on the following
schedule:

After completion of 5 Years                   $850
After completion of 10 Years                  $950

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After compietion of 15 Years                       $1,150
After completion of 20 Years                  $1,450

4.0 DUTIES and RESPONSIBILITIES

4.1. The FACILITIES DIRECTOR shall faithfully carry out the duties of his position in
accordance with the provisions of the existing job description. The FACILITIES
DIRECTOR recognizes that his responsibilities and conduct are not determined by
prescribed hours and conditions and will perform the directed and implied duties of his
position as determined by the Superintendent and will expend the time and effort
necessary to effectively achieve the goals and purposes of the CPS.

4.2 The FACILITIES DIRECTOR may accept speaking, writing, lecturing or other
engagements of a professional nature of a short-term duration, so long as they do not
derogate from his duties as FACILITIES DIRECTOR. The FACILITIES DIRECTOR is
responsible for ensuring that any such engagements do not present a conflict of interest
or otherwise violate the Massachusetts State Ethics Statute. FACILITIES DIRECTOR
absence from the district on a regular work day for the purpose of pursuing his personal
professional interests, rather than the interests of the district, requires the approval of the
Superintendent of Schools.

5.0 WORK YEAR/DAY

5.1. The FACILITIES DIRECTOR ‘S work year wiil consist of 225 days, per a schedule
approved by the Superintendent of Schools. The per diem rate is 1/225.

5.2. The FACILITIES DIRECTOR ‘S position is a managerial position and the work day
shall normally be a minimum of eight (8) hours and may be longer including evenings and
weekends when the demands of the position require it. There is no overtime pay or
compensatory time off in lieu of pay associated with this position.

6.0 LICENSES

The FACILITIES DIRECTOR shall furnish and maintain throughout the term of his Contract a
valid and appropriate license as an Unrestricted Construction Supervisor in the Commonwealth
as required by Massachusetts.

7.0 TERMINATION:

7.1 In the event that the FACILITIES DIRECTOR desires to terminate his contract
before the term of service shall have expired, he may do so by giving at least ninety (90) days
written notice of such intention to the Superintendent, with a time for such termination to be
jointly established between the FACILITIES DIRECTOR and the Superintendent and confirmed
in writing.

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7.2 The Superintendent may terminate his contract at any time during its term due
to reduction in force or reorganization resulting from declining enrollment or other
budgetary reasons.

7.3 Notwithstanding any provision to the contrary, the Superintendent may dismiss the
FACILITIES DIRECTOR, and thus terminate his contract, for good cause. As used herein,
“good cause” shall mean any grounds put forth by the Superintendent which are not arbitrary,
irrational, unreasonable, in bad faith or not relevant to the sound operation of the school system.
Prior to any dismissal for good cause, the Superintendent will notify the FACILITIES
DIRECTOR of the intended dismissal with an explanation of the grounds therefore and, if the
FACILITIES DIRECTOR so requests, will provide his with an opportunity for a meeting to
review the decision and to present information pertaining to its basis and to the employee's
status.

7.4 In the event his contract is terminated, any and all financial and other obligations
by either party under the contract shall cease.

8.0 REIMBURSEMENT FOR EXPENSES/EQUIPMENT

8.1 Expenses - Upon the approval of the Superintendent, the Superintendent agrees
to reimburse the FACILITIES DIRECTOR for reasonable expenses incurred and paid
by him/her in the execution of his/ her job FACILITIES DIRECTOR.

8.2 Professional Memberships — The Superintendent agrees to pay the       FACILITIES
DIRECTOR’S membership dues for the MFAA and the CEFPI.

8.3 Cell Phone - The Superintendent shall provide the FACILITIES DIRECTOR and pay
the monthly expenses of a cell phone/PDA for the purpose of conducting school business
and the occasional, incidental personal business. At the conclusion of his term as
FACILITIES DIRECTOR, his equipment shall remain the property of the CPS. The
FACILITIES DIRECTOR, at his discretion, may choose to be reimbursed the flat sum of
$50 per month towards the cost of his monthly cell phone bills. If so, the FACILITIES
DIRECTOR will not receive a District cell phone.

8.4 Office Technology - The FACILITIES DIRECTOR ‘S office will be equipped with up-
to-date computer hardware and software to enable him/her to fulfill his responsibilities
as FACILITIES DIRECTOR.

8.5 Travel Allowance - In State Travel Allowance - The FACILITIES DIRECTOR will be
an amount not to exceed three hundred ($300.00) per month for travel within the
Commonwealth of Massachusetts. Said sum shall be a reimbursement to the
FACILITIES DIRECTOR for travel expenses incurred and paid by his/ such as actual
mileage, tolls and public transportation costs. Reimbursement shall occur within a
reasonable period of time.                                            .

8.6 Out-of-State Conference Expenses — All requests for out-of-state conferences shall
be subject to advance approval of the Superintendent. Reimbursement for an annual

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out-of-state conference will be at an amount not to exceed $1,500, which will include
transportation, lodging, meals and registration.

8.7 License Renewal — CPS Agrees to pay the cost of the FACILITIES DIRECTOR to
renew his license required in condition 6.0 herein.

8.8 Annual Physical Examination — The FACILITIES DIRECTOR is required to have
an annual physical and shail be reimbursed up to $150.00 of the cost.
9.0 STATE RETIREMENT SYSTEM

The FACILITIES DIRECTOR shall be a member of the Norfolk County Retirement System as
required by the General Laws of the Massachusetts, General Laws, Chapter 32, Section 2.

10.0 INSURANCE BENEFITS

The FACILITIES DIRECTOR shall be entitled to all insurance (medical, hospital, life, and
workman's compensation) benefits and all other fringe benefits currently available to teachers
and other administrators, such benefits not to be reduced unless expressly provided for in his
Contract or agreed upon in the future.

11.0 (Intentionally left blank)
12.0 LEAVES

12.1 Sick Leave - The FACILITIES DIRECTOR shall be entitled to fifteen (15) days of
sick leave during each year of his Contract. In addition to personal injury or illness, the
FACILITIES DIRECTOR may use a maximum of five (5) days of his accrued paid sick
leave each year for illness in his immediate family (spouse, child, parent, or relative living
within his household).

12.2 Bereavement Leave — In case of death during the school year of any member of the
FACILITIES DIRECTOR'S family (grandparent, grandchild, brother, sister, mother-in-law,
father-in-law, brother-in-law, and sister-in-law), no reduction of salary or reduction in
accumulated sick leave shall be made for absence not exceeding three (3) school days.
In case of death during the school year of the FACILITIES DIRECTOR’S spouse, parent,
child, or person living in the FACILITIES DIRECTOR’S household, no reduction of salary
or reduction in accumulated sick leave shall be made for absence not exceeding five (5)
school days. In case of death during the school year of the FACILITIES DIRECTOR’S
nephew, niece, or other relative not mentioned elsewhere in his Section, one (1) day's
leave without loss of pay or accumulated sick leave shall be granted on the day of the
funeral.

12.3 Personal Leave- The FACILITIES DIRECTOR shall be entitled to three (3) personal
days during each year of his contract.

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13.0 EVALUATION

The FACILITIES DIRECTOR shall fulfill all aspects of this contract. He shall be evaluated
annually in writing by the Superintendent or his nominee. The evaluation will be based on
progress made in relationship to goals that are established each fall by the FACILITIES
DIRECTOR in conjunction with the Superintendent or his nominee.

14.0 ENTIRE AGREEMENT

This Contract embodies the whole agreement between the Superintendent and the FACILITIES
DIRECTOR and supersedes all prior agreements between the parties. There are no other
inducements, promises, terms, conditions or obligations made or entered into by either party
other than those contained herein. This Contract may not be changed except by a writing
signed by the party against whom enforcement thereof is sought.

15.0 WAIVER

The parties agree that any waiver of any term or provision of this Agreement, by either party,
shall not be binding upon the parties unless said waiver is in writing and signed by both parties.

16.0 INVALIDITY

If any paragraph or part of this Agreement is invalid, it shall not affect the remainder of said
Agreement, but said remainder shall be binding and effective against all parties.

17.0 CONSTRUCTION OF AGREEMENT

This Agreement shall be executed in triplicate, each of which shall constitute an original and
shall be construed in accordance with the laws of the Commonwealth of Massachusetts as they
are in effect on the date of execution.

18.0 APPROPRIATION

The monetary provisions of this Contract are subject to approval and appropriation by the Canton
Annual Town Meeting. If approval or funding is withheld by the Canton Annual Town Meeting, this
contract will be immediately terminated, without further obligations by the Town of Canton or the
Canton Public Schools.

IN WITNESS WHEREOF, the parties have hereunto signed and sealed this Agreement in
triplicate this 3) day of May, 2019.

FOR THE CPS by:                                         Assented to by:
YBDALZ.          BLL shia
nnifer Fischer-Mueller, Ed.D                           Brian Lynch
Superintendent of Schools                                     Facilities Director

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