AGREEMENT ACTING SUPERINTENDENT OF SCHOOLS

BRIDGEPORT. CONN. LMm HECOIWS

REC'O FO:~ RE~:OiHJ FILING

19 JUL 30 AM 10:39 ATTEST:

(Jt.t:..ld: ft~td. ~· THIS AGREEMENT is made as of the 26th day of July, 2019 by and between MRBWRtlEE !l. CL~:o~IS.JR, TEST ANI ofFairfield, CT ("Testani"), and the BOARD OF EDUCATION of the CITY!(:Wi CU nl\

BRIDGEPORT (the "Board"), in consideration of the mutual promises and the terms and · conditions set forth herein.

Section 1. Emplovment

The BOARD hereby appoints Testani and he hereby accepts appointment as the ACTING SUPERINTENDENT, of the Bridgeport Public School system, to perfom1 the duties of said position as established by the l30ARD. This appointment and this Agreement are subject.to the . approval of the Commissioner of Education in accordance with Conn. Gen. Stat. Section 10-157. It is understood and agreed that Testani is currently employed by the Board as its Director of Adult Education, and as such is a member of the BCAS bargaining unit, and that during the tenn of this Agreement his pem1anent assignment shall remain as Director of Adult Education. Upon expiration of his assignment as Acting Superintendent he shall return to his permanent assignment of Director of Adult Education.

Section 2. Term

The term of said employment is from August I, 2019 to July 31 , 2020, unless sooner te1minated as provided herein.

Section 3. Compensation

Testani shalt be paid while serving as Acting Superintendent at the annualized rate of TWO HUNDRED THOUSAND DOLLARS ($200,000.00), less required deductions.

Section 4. Fringe Benefits

(a) During the tenn of this Agreement Testani shall continue to be eligible for all fringe benefits set forth under the collective bargaining agreement between the Board and BCAS. Notwithstanding the foregoing, it is agreed that, because Testani is eligible for health insurance through his spouse, he shall not be entitled and agrees to waive Board provided health insurance during the term of this agreement.

(b) In addition, Testani shall also be entitled to:

i. a vehicle allowance of $100 per month as reimbursement for use of his personal vehicle in the performance of his duties under this Agreement (this is in lieu of the $50 under the BCAS contract);

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ii. use of a laptop computer for professional use; and

111. use of a cellphone for professional use.

Section 5.

The Acting Superintendent of Schools is the chief executive officer of the Board. In hannony with the policies of the Board of Education and the laws of the State of Connecticut, the Acting Superintendent has executive authority over the school system and the responsibility for its supervision. He has the general authority to act at his discretion, subject to the latter approval by the Board, upon all emergency matters and those as to which his powers and duties are not expressly limited or are not particularly set forth. He advises the Board on policy and plans that the Board takes under consideration, and he takes the initiative in presenting to the Board policy and planning issues for the Board's attention.

The Acting Superintendent shall attend all meetings of the full Board, and shall participate in Board deliberations when requested by the Board, which situations shall be controlled by the provisions of the Connecticut Freedom of lnfom1ation Act, Conn. Gen. Stat. Sec. 1-200 et. seq.

Section 6.

A .

Evaluation

The Board shall evaluate and assess in writing the performance of the Acting Superintendent in January 2020. Said evaluation and assessment shall be reasonably related to the goals and objectives of the district for the year in question which goals and objectives shall be communicated to the Acting Superintendent by the Board in writing prior to September 1, 2019. The Acting Superintendent shall submit to the Board a recommended fonnat for such written evaluation and assessment of his performance (hereinafter "Evaluation Format"). The Evaluation Format shall be reasonably objective and shall contain at least the following criteria: Board- Acting Superintendent relations, community relations, personne l relations, educational program, business matters, professional leadership and personal qualities. The Evaluation Format shall provide for a rating system both as to overall performance and as to the specific criteria set forth in the Evaluation Format.

The Board shall meet and discuss the evaluation format with the Acting Superintendent and attempt in good faith to agree on the development and adoption of a mutually agreeable evaluation format. The Board shall adopt an Evaluation Fonnat within 30 days of the commencement ofthis agreement.

B. The Board shall evaluate the Acting Superintendent pursuant to the Evaluation Format. A copy of the Board's evaluation shall be delivered to the Acting Superintendent within thirty (30) days of its completion and the Acting Superintendent shall have the right to make a written response to the evaluation which shall become a permanent attachment to the Acting Superintendent's

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C.

D.

Section 7.

personnel file. Within thirty (30) days of the delivery of the written evaluation to the Acting Superintendent the Board shall meet with the Acting Superintendent to discuss the evaluation.

Whenever the Board has evaluated performance to be deficient, or has made recommendations as to areas of improvement, the Board may authorize the Chairman to appoint a committee of not less than two (2) members of the Board to meet with the Acting Superintendent and endeavor to assist the Acting Superintendent in improving performance as to such matters. Said committee shall report in writing to the full Board with a copy to the Acting Superintendent, its activities and the results thereof, within thirty (30) days. Thereafter, the Board may continue the committee and require additional reports where necessary.

At the end of the 2019-20 year, a summative evaluation of the Acting Superintendent shall be prepared by the Board for the year.

Termination

Notwithstanding the foregoing, this Agreement shall terminate prior to the end of the term as follows:

(a) The parties may, by mutual consent, tenninate this contract at any time.

(b) The Board may terminate this contract at any time for just cause orupon sixty (60) days prior written notice.

(c) This Agreement shall terminate upon the appointment of a permanent Superintendent of Schools, or up to thirty (30) days thereafter in the discretion of the new permanent Superintendent of Schools.

Section 8. Savings Clause

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

Section 9.

(a)

(b)

General Provisions

This Agreement contains the entire agreement between the parties regarding the subject hereof. It may not be amended orally, but may be amended only by an agreement in writing signed by both parties. It shall be governed by and construed under the laws of the State of Connecticut.

It is specifically agreed that in further consideration of entering into this Agreement, Testani agrees not to apply for the permanent position of Superintendent for the vacancy anticipated to be filled on or before July 1, 2020. Should he apply, this Agreement shall be sufficient grounds not to consider his

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application.

(c) While Testani is serving as Acting Superintendent he shall resign as an officer of the BCAS Union and take a leave of absence as a member of the BCAS Union.

(d) In the event that a grievance is filed by BCAS, and Testani is inclined to sustain the grievance, he must seek Board approval before doing so. Similarly, no memorandum of understanding or similar agreements may be entered into by Testani with BCAS without the Board's prior approval.

(e) In the event an issue regarding perfonnance surfaces regarding Testani 's spouse while he is serving as Acting Superintendent, such issues shall be referred directly to the Board.

fN WITNESS HEREOF, the undersigned hereby executed this contract this 261h day of July, 2019.

BRIDGEPORT BOARD OF EDUCATION

~/ /---)~

~y: JohnR. Weldon Its Chainnan

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SUPPLEMENTAL DOCUMENTS:

1.) Connecticut Commissioner of Education Approval of Michael Testani to Serve as Acting Superintendent from August 1, 2019 to July 31, 2020

2.) Memorandum of Understanding Between the Bridgeport Board of Education (BBOE) and Bridgeport Coalition of Administrators & Supervisors (BCAS) Regarding Michael Testani as Acting Superintendent

STATE OF CONNECTICUT STATE BOARD OF EDUCATION

Mr. John R. Weldon, Chair B ridgeport Board of Education 45 Lyon Terrace Bridgeport, CT 06604

Dear Mr. We ldon:

June 28, 20 19

The purpose of thi s letter is to approve the appointment of Mr. Michae l Testani as acting superintendent of schoo ls fo r the Bridgeport Public Schools beginning on August 1, 2019. Thi s appointment as acting superintendent is be ing made pursuant to Connecticut Genera l Statutes (C.G.S .) Sect ion I 0- 157(b) because we understand that Mr. Michael Testani does not possess Superintendent of Schools (093) certification. Bureau of Educator Standards and Certifi cation records indicate Mr. Michael Testani ho lds a professiona l educator certificate, endorsed for intermediate admini stration and supervis ion (092), which is effective July I , 20 16 through June 30, 2021 .

Subject to limited exceptions, based on district s ize, as set forth in C.G.S. Secti on I 0-157(a), every loca l or regiona l schoo l board is required to hire an indi vidua l who holds appropriate certification as superintendent of schools or who has had superintendent o f schoo ls certification waived pursuant to C.G.S. Section I 0- 157(c); the Superintendent's certificate or waiver of certifi cati on must be issued prior to the commencement of the duties of office. The law a lso provides that w ith the commissioner's approva l, an individua l who is not properly certified may serve as acting supe rintendent fo r a period of up to one school year.

To dete rmine the certification status of any of the applicants, please fee l free to contact Patricia Wi lson, Educati on Consultant, Bureau of Educator Standards and Certification, at 860-7 13-6724. If you are interested in candidates fro m out of state, we will be happy to d iscuss their qua lifi cations for certification. Once credentials are received in the certifi cation office and upon your wri tten request, we w ill be happy to exped ite the processing of certifi cates for any of your top candidates

DRW:ctv-c

S ince re ly,

Dr. Dianna R. Wentze ll Commissioner of Education

cc: Mr. Christopher M. Todd, Bureau Chief Mr. Michael Testani , Acti ng Superintendent Elect, Bridgeport Public Schools Mrs. Frances Rabinowitz, Executive Director, CA PSS Teachers Retirement Board

P .O. Box 2219 • Hartford, Connecticut 06145 An Equal Opportunity Employer

MEMORANDUM OF UNDERSTANDING

THIS Memorandum of Understanding is made this 26th day of July, 2019, by and

between the Bridgeport Board of Education (the "Board") and the Bridgeport Council of

Administrators and Supervisors ("BCAS") (the Board and BCAS are referred to hereinafter

collectively as the "Parties").

RECITALS:

A. Michael Testani is employed by the Board as Director of Adult Education which position is included in BCAS.

B. Mr. Testani has been appointed Acting Superintendent of Schools for a period of up to one year, from August 1, 2019 to July 31,2020, unless sooner terminated as provided by an agreement relating to that appointment, at the end of which he shall return to his permanent assignment as Director of Adult Education.

C. The Parties wish to document their understanding with respect to Mr. Testani' s temporary assignment as Acting Superintendent and his return to his permanent assignment at the conclusion of his assignment as Acting Superintendent.

NOW, THEREFORE, the Parties agree as follows:

1. To avoid any possible conflict of interest, while serving as Acting Superintendent, Mr. Testani's membership in BCAS shall be suspended via Leave of Absence and union dues will not be deducted during such time.

2. Upon expiration of his assignment as Acting Superintendent, or if either party shall decide to terminate the temporary assignment, whichever first shall occur, Mr. Testani will return to his permanent assignment as Director of Adult Education, without loss of seniority.

3. In the event a grievance is filed by BCAS and Mr. Testani, in his role as Acting Superintendent, is inclined to sustain the grievance, it shall not be binding unless approved by the Board.

Bridgeport Board of Education Bridgeport Council of Administrators and Supervisors