BILL REQ. #:  S-2208.1 

READ FIRST TIME 03/05/03.   

     AN ACT Relating to contracts for employment of school district superintendents; and amending RCW 28A.400.010.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 28A.400.010 and 1990 c 33 s 376 are each amended to read as follows:
     (1) In all districts the board of directors shall elect a superintendent who shall have such qualification as the local school board alone shall determine. The superintendent shall have supervision over the several departments of the schools thereof and carry out such other powers and duties as prescribed by law. Notwithstanding the provisions of RCW 28A.400.300(1), the board may contract with such superintendent for a term not to exceed three years when deemed in the best interest of the district. The right to renew a contract of employment with any school superintendent shall rest solely with the discretion of the school board employing such school superintendent. Regarding such renewal of contracts of school superintendents the provisions of RCW 28A.405.210, 28A.405.240, and 28A.645.010 shall be inapplicable.
     (2) In addition to any other contract terms and conditions agreed upon between the parties, a contract for the employment of a superintendent shall include the following language: "This contract may be terminated if, by a unanimous affirmative vote of all members of the school district board of directors, the board finds that the superintendent has engaged in intentional conduct that creates the appearance of impropriety and the inability, or apparent inability, to perform his or her duties in a fair and impartial manner."
     (3) If a school district board of directors determines by an affirmative unanimous vote that the superintendent has engaged in intentional conduct described in subsection (2) of this section, the board is prohibited from negotiating a severance agreement with the superintendent.
     (4) The total dollar amount of any termination or severance agreement in contract or otherwise shall be limited to no more than one-half the remaining salary otherwise payable under the contract. All termination or severance agreements in contract or otherwise shall be considered a public record and subject to public disclosure under chapter 42.17 RCW.
     (5) For the purposes of this section, "appearance of impropriety" means engaging in actions that would create the appearance of bias to a reasonable person and that do not promote public confidence in the integrity and impartiality of the office.