75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1674
 
                         Senate Bill 366
 
Sponsored by Senator WALKER
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits school administrator and school district, education
service district or public charter school from entering into
certain contracts or agreements related to termination of
employment of administrator.
  Requires member of school district board, education service
district board or public charter school board to abstain from
process of entering into certain contracts or agreements with
administrator if member has received notice of being named in
proceeding involving administrator.
  Prohibits administrator from using property leased by district
or school for one year after termination of contract.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to employment conditions of school administrators;
  creating new provisions; amending ORS 342.603; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 342.603 is amended to read:
  342.603. (1) As used in this section:
  (a) 'Administrator' means a person who is employed as an
administrator or is performing administrative duties, regardless
of whether the person is required to have a license, and includes
but is not limited to superintendents, assistant superintendents
and business managers.
  (b) 'Administrator' does not include a person who is subject to
ORS 342.805 to 342.937.
  (2) A school district, education service district or public
charter school shall:
  (a) Enter into an employment contract, with each administrator,
that has provisions that cover the duration of the contract,
conditions for contract termination and extension and conditions
for employee resignation; and
  (b) Have the current employment contract for each administrator
on file in the central office of the district or school.
    { - (3) Except as provided in subsection (4) of this section,
a school district, education service district or public charter
school may not enter into an employment contract with an
administrator that contains provisions that expressly obligate
the district or school to compensate the administrator for work
that is not performed. - }
    { - (4) A school district, education service district or
public charter school may provide health benefits for an
administrator who is no longer employed by the district or school
until the administrator: - }
    { - (a) Reaches 65 years of age; or - }
    { - (b) Finds new employment that provides health
benefits. - }
   { +  (3) Provisions of a collective bargaining agreement,
individual employment contract, agreement for resignation or
termination, severance agreement or any other contract or
agreement entered into by an administrator and by a school
district, education service district or public charter school are
not valid or enforceable if the provisions provide for
compensation to the administrator in anticipation of termination
of employment or following termination of employment unless the
compensation is for any of the following:
  (a) Work performed by the administrator.
  (b) Accumulated and unused sick leave with pay, vacation leave
with pay or similar leave with pay to which the administrator is
entitled as the result of district or school policy.
  (c) Accumulated retirement benefits to which the administrator
is entitled as the result of district or school policy.
  (d) Severance pay that may not exceed the total amount of 12
months of pay of the administrator.
  (e) Health benefits provided until the administrator reaches 65
years of age or finds new employment that provides health
benefits.
  (4) A member of a school district board, education service
district board or public charter school board must abstain from
the process of entering into a contract or agreement described in
subsection (3) of this section if the member has received notice
that the member has been named in a proceeding involving the
administrator. + }
  (5) For a period of one year after the termination of the
contract between an administrator and a school district,
education service district or public charter school, the
administrator may not:
  (a) Purchase property or surplus property owned by the district
or school; or
  (b) Use property owned  { + or leased + } by the district or
school in a manner other than the manner permitted for the
general public in a school district or education service district
or at a public charter school.
  SECTION 2.  { + The amendments to ORS 342.603 by section 1 of
this 2009 Act apply to contracts or agreements entered into on or
after the effective date of this 2009 Act. + }
  SECTION 3.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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