SCHOOL CONTRACT LIMITS QUESTIONED

Missouri law says school boards may enter into contracts with superintendents for terms "not to exceed three years from the time of making the contract."

If the law is interpreted literally, many school districts in the state, including Cape Girardeau, may routinely violate the statute. But the provision hasn't been challenged in court, so the answer isn't clear.

Last August Cape Girardeau Superintendent Neyland Clark's contract was extended for one year. This year his contract was extended in April. Going by those dates, Clark holds a contract for three years and four months.

Does that violate the law?

Steven Wright, attorney with the Missouri School Board Association, said: "Is the real intent of the law that you can't have more than three years under contract or is it to have three full years in front of you? We really just don't know."

If the intent is to limit superintendent contracts to three years, the process of evaluating and extending contracts for superintendents at many Missouri schools would violate the law.

Wright explained: "It is customary in Missouri for a superintendent's contract to be renewed in January. Typically it will be extended in January of year one, which always puts them in a position of actually having 3 1/2 years under contract."

Wright supposes the risk in this situation is taken by the superintendent, because a school board might use the law to back out of the last half year of the contract.

After a board decides to extend the superintendent's contract, the decision could be costly should the board decide to terminate the superintendent's service.

Clark's contract contains a provision allowing unilateral termination by the school district. The school district may terminate the contract without cause. The board must give the superintendent a minimum of 90 days notice. If this would happen, the contract says the district will pay as severance pay salary and benefits for one year.

School board members have questioned the wisdom of discussing closed-door meetings in the public.

Wright said no law prevents personnel records from being discussed. The open-meetings law permits personnel records to be closed.

Wright said board members likely have referred to the MSBA Code of Ethics for board members, which says members shouldn't repeat what was discussed in closed session.

Missouri's open-meetings law allows discussion of certain topics behind closed doors. It doesn't require that the items be discussed behind closed doors.

THE LAW AND NEYLAND CLARK'S CONTRACT

From Revised Missouri Statutes

168.201. Superintendent of schools and other employees -- employment of by all districts except metropolitan authorized. --

The board of education in all districts except metropolitan districts may employ and contract with a superintendent for a term not to exceed three years from the time of making the contract, and may employ such other servants and agents as it deems necessary, and prescribe their powers, duties, compensation and term of office or employment which shall not exceed three years. It shall provide and keep a corporate seal.

From Neyland Clark's contract

14(E) Unilateral Termination by School District. School District may, at its option, and by a minimum of 90 days notice to Superintendent, unilaterally terminate this contract without cause. In the event of such termination, School District shall pay to Superintendent, as severance pay, all of the aggregate salary allowances and other compensation and benefits Superintendent would have earned under this employment contract for a period of one year from the date of notice of termination.