Common use of Termination During the Term Clause in Contracts

Termination During the Term. The Superintendent’s employment may be terminated during the term of this Contract only for cause as defined in M.S. 122A.40, Subd. 9. and Subd. 13., but, except for purposes of describing grounds for discharge, the provisions of M.S. 122A.40 shall not be applicable. If the School Board proposes to terminate the Superintendent during the term of this Contract for cause as described in M.S. 122A.40, Subd. 9. or Subd. 13., it shall notify the Superintendent in writing of the proposed grounds for termination. The Superintendent shall be entitled to a hearing before an arbitrator provided the Superintendent makes such a request in writing to the School Board Chair within fifteen (15) calendar days after receipt of the written notice of the proposed termination. In such event, the parties shall jointly petition the Minnesota Bureau of Mediation Services (BMS) for a list of five (5) arbitrators. The arbitrator shall be selected by the parties through the striking process as provided by BMS rules. The arbitrator shall conduct a hearing under arbitration procedure rules and issue a written decision. The decision of the arbitrator shall be final and binding on the parties, subject to judicial review of arbitration decisions as provided by law. The Superintendent may be suspended with pay pending final determination by the arbitrator. If the Superintendent fails to request a hearing as provided in this section within the fifteen (15)-day calendar period, he/she shall be deemed to have acquiesced to the School Board’s proposed action, and the proposed action shall become final on such date as determined by the School Board, and the Superintendent shall have no further claim or recourse.

Appears in 4 contracts

Samples: Master Agreement, Superintendent Contract, Master Agreement

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Termination During the Term. The Superintendent’s employment may be terminated during the term of this Contract only for cause cause, as defined in M.S. Minn. Stat. § 122A.40, Subd. 9. 9 and Subd. 13., but; however, except for purposes of describing grounds for dischargetermination during the term of this Contract, the provisions of M.S. Minn. Stat. § 122A.40 shall not be applicable. If the School Board proposes to terminate the Superintendent during the term of this Contract for cause as grounds described in M.S. Minn. Stat. §122A.40, Subd. 9. or 9 and/or Subd. 13., it shall notify the Superintendent in writing of the proposed grounds for termination. The Superintendent shall be entitled to a hearing before an arbitrator provided the Superintendent makes such a request in writing to the School Board Chair within fifteen (15) calendar days after receipt of the written notice of the proposed termination. In such event, the parties shall jointly petition the Minnesota Bureau of Mediation Services (BMS) for a list of five (5) arbitrators. The arbitrator shall be selected by the parties through the normal striking process as provided by BMS rulesRules. The arbitrator shall conduct a hearing under arbitration procedure rules and issue a written decision. The decision of the arbitrator shall be final and binding on the parties, subject to normal judicial review of arbitration decisions as provided by law. The Superintendent may be suspended with pay pending final determination by the arbitrator. If the Superintendent fails to request a hearing as provided in this section within the fifteen (15)-day calendar periodherein, he/she he shall be deemed to have acquiesced to the School Board’s proposed action, and the proposed action shall become final on such date as determined by the School Board, and the Superintendent shall have no further claim or recourse.

Appears in 1 contract

Samples: Employment Agreement

Termination During the Term. The Superintendent’s employment may be terminated during the term of this Contract contract only for cause as defined in M.S. 122A.40, SubdSubds. 9. and Subd. 9 or 13., but, except … Except for purposes of describing grounds for discharge, the provisions of M.S. 122A.40 shall not be applicable. If the School Board proposes to terminate the Superintendent during the contract term of this Contract for cause as described in M.S. 122A.40, SubdSubds. 9. 9 or Subd. 13., it shall notify the Superintendent in writing of the proposed grounds for termination. The Superintendent shall be entitled to a hearing before an arbitrator provided the Superintendent makes such a request in writing to the School Board Chair within fifteen (15) calendar days after receipt of the written notice of the proposed termination. In such event, the parties shall jointly petition the Minnesota Bureau of Mediation Services (BMS) for a list of five (5) arbitrators. The arbitrator shall be selected by the parties through the normal striking process as provided by BMS rules. The arbitrator shall conduct a hearing under normal arbitration procedure rules and issue a written decision. The decision of the arbitrator shall be final and binding on upon the parties, subject to normal judicial review of arbitration decisions as provided by law. The Superintendent may be suspended with pay pending final determination by the arbitrator. If the Superintendent fails to request a hearing as provided in this section herein within the fifteen (15)-day 15) calendar day period, he/she it shall be deemed to have acquiesced acquiescence by the Superintendent to the School Board’s proposed action, action and the proposed action shall become final on such date as determined by the School Board, and the Superintendent shall have no further claim or recourse.

Appears in 1 contract

Samples: Superintendent Contract

Termination During the Term. The Superintendent’s employment may be terminated during the term of this Contract only for cause as defined in M.S. Minnesota Statutes 122A.40, Subd. 9. 9 and Subd. 13., but, except for purposes of describing grounds for discharge, the provisions of M.S. Minnesota Statutes 122A.40 shall not be applicable. If the School Board proposes to terminate the Superintendent during the term of this Contract for cause as described in M.S. Minnesota Statutes 122A.40, Subd. 9. 9 or Subd. 13., it shall notify the Superintendent in writing of the proposed grounds for termination. The Superintendent shall be entitled to a hearing before an arbitrator provided the Superintendent makes such a request in writing to the School Board Chair within fifteen (15) calendar days after receipt of the written notice of the proposed termination. In such event, the parties shall jointly petition the Minnesota Bureau of Mediation Services (BMS) for a list of five (5) arbitrators. The arbitrator shall be selected by the parties through the striking process as provided by BMS rules. The arbitrator shall conduct a hearing under arbitration procedure rules and issue a written decision. The decision of the arbitrator shall be final and binding on the parties, subject to judicial review of arbitration decisions as provided by law. The Superintendent may be suspended with pay pending final determination by the arbitrator. If the Superintendent fails to request a hearing as provided in this section within the fifteen (15)-day calendar period, he/she the Superintendent shall be deemed to have acquiesced to the School Board’s proposed action, and the proposed action shall become final on such date as determined by the School Board, and the Superintendent shall have no further claim or recourse.

Appears in 1 contract

Samples: Superintendent Contract

Termination During the Term. The Superintendent’s employment may be terminated during the term of this Contract only for cause as defined in M.S. 122A.40, Subd. 9. and Subd. 13., but, except for purposes of describing grounds for discharge, the provisions of M.S. 122A.40 shall not be applicable. If the School Board proposes to terminate the Superintendent during the term of this Contract for cause as described in M.S. 122A.40, Subd. 9. or Subd. 13., it shall notify the Superintendent in writing of the proposed grounds for termination. The Superintendent shall be entitled to a hearing before an arbitrator provided the Superintendent makes such a request in writing to the School Board Chair within fifteen (15) calendar days after receipt of the written notice of the proposed termination. In such event, the parties shall jointly petition the Minnesota Bureau of Mediation Services (BMS) for a list of five (5) arbitrators. The arbitrator shall be selected by the parties through the striking process as provided by BMS rules. The arbitrator shall conduct a hearing under arbitration procedure rules and issue a written decision. The decision of the arbitrator shall be final and binding on the parties, subject to judicial review of arbitration decisions as provided by law. The Superintendent may be suspended with pay pending final determination by the arbitrator. If the Superintendent fails to request a hearing as provided in this section within the fifteen (15)-day 15)- day calendar period, he/she shall be deemed to have acquiesced to the School Board’s proposed action, and the proposed action shall become final on such date as determined by the School Board, and the Superintendent shall have no further claim or recourse.

Appears in 1 contract

Samples: Superintendent Contract

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Termination During the Term. The Superintendent’s 's employment may be terminated during the term of this Contract only for cause as defined in M.S. 122A.40, SubdSubds. 99 or 13. and Subd. 13., but, except Except for purposes of describing grounds for discharge, the provisions of M.S. 122A.40 shall not be applicable. If the School Board proposes to terminate the Superintendent during the Contract term of this Contract for cause as described in M.S. 122A.40, SubdSubds. 9. 9 or Subd. 13., it shall notify the Superintendent in writing of the proposed grounds for termination. The Superintendent shall be entitled to a hearing before an arbitrator provided the Superintendent makes such a request in writing to the School Board Chair within fifteen (15) calendar days after receipt of the written notice of the proposed termination. In such event, the parties shall jointly petition the Minnesota Bureau of Mediation Services (BMS) for a list of five (5) arbitrators. The arbitrator shall be selected by the parties through the normal striking process as provided by BMS rules. The arbitrator shall conduct a hearing under normal arbitration procedure rules and issue a written decision. The decision of the arbitrator shall be final and binding on upon the parties, subject to normal judicial review of arbitration decisions as provided by law. The Superintendent may be suspended with pay pending final determination by the arbitrator. If the Superintendent fails to request a hearing as provided in this section herein within the fifteen (15)-day 15) calendar day period, he/she it shall be deemed to have acquiesced acquiescence by the Superintendent to the School Board’s 's proposed action, action and the proposed action shall become final on such date as determined by the School Board, and the Superintendent shall have no further claim or recourse.

Appears in 1 contract

Samples: Superintendent Contract

Termination During the Term. The Superintendent’s 's employment may be terminated during the term of this Contract contract only for cause as defined in M.S. 122A.40, SubdSubds. 9. and Subd. 9 or 13., but, except ... Except for purposes of describing grounds for discharge, the provisions of M.S. 122A.40 shall not be applicable. If the School Board proposes to terminate the Superintendent during the contract term of this Contract for cause as described in M.S. 122A.40, SubdSubds. 9. 9 or Subd. 13., it shall notify the Superintendent in writing of the proposed grounds for termination. The Superintendent shall be entitled to a hearing before an arbitrator provided the Superintendent makes such a request in writing to the School Board Chair within fifteen (15) calendar days after receipt of the written notice of the proposed termination. In such event, the parties shall jointly petition the Minnesota Bureau of Mediation Services (BMS) for a list of five (5) arbitrators. The arbitrator shall be selected by the parties through the normal striking process as provided by BMS rules. The arbitrator shall conduct a hearing under normal arbitration procedure rules and issue a written decision. The decision of the arbitrator shall be final and binding on upon the parties, subject to normal judicial review of arbitration decisions as provided by law. The Superintendent may be suspended with pay pending final determination by the arbitrator. If the Superintendent fails to request a hearing as provided in this section herein within the fifteen (15)-day 15) calendar day period, he/she it shall be deemed to have acquiesced acquiescence by the Superintendent to the School Board’s 's proposed action, action and the proposed action shall become final on such date as determined by the School Board, and the Superintendent shall have no further claim or recourse.

Appears in 1 contract

Samples: Superintendent Contract

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