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November 14, 2001
ADMINISTRATIVE† LETTER† NO.†† 12
POLICY† CODE:†† CBD
T0:†††††† ††††††††††† Superintendents of Schools and School Board Chairpersons
FROM: J. Duke Albanese, Commissioner
SUBJECT: Superintendents of Schools -- Election or Reelection
Title 20-A M.R.S.A. section 1051 (2) requires that school boards of school administrative units "meet during December of the year preceding the expiration of the superintendent's contract" to elect a superintendent by majority vote of the full membership.
In addition, section 1051(5) requires the chairman and secretary of the school board to "certify under oath to the commissioner, on forms provided by the commissioner, all facts related to the unit's selection of a superintendent."† Pursuant to the statute, this certification must be made both annually and when a new superintendent is chosen.† In the event that an existing superintendent's contract is extended, or changes made to the compensation paid to the superintendent, that information must be reported to the Department so that appropriate entries can be made on the Certificate of Employment forms.† Department of Education form EF-A-605 should be used for this purpose.† Copies of the minutes of the board action, and a copy of the superintendentís contract must accompany the Certificate of Employment form filed with the Commissioner.† Superintendents are reminded that they may not legally be paid until the Commissioner has approved the Certificate of Employment.
Regarding school unions, it should be noted that the union committee of each school union is required by statute to meet annually in December to carry out the various duties set forth in 20-A M.R.S.A. section 1902.† This obligation exists whether or not a superintendent is being selected.
In the event of a vacancy, you may wish to contact the Maine School Management Association to obtain a copy of "Selection Procedures for Superintendent of Schools."
In supervisory units where more than one administrative unit employs the superintendent, voting at the December meeting must be done on a weighted basis.† The following are two examples of the method to be used:
††††††††††† Dayton ††††††††††††††††††††††† ††††††††††† ††††††††††† 3††††††††† ††††††††††††††††††††††† † 1,805††††††††††††††† ††††††††††† †††† 602
††††††††††† Saco†††† ††††††††††††††††††††††† ††††††††††† ††††††††††† 5††††††††† ††††††††††† ††††††††††† 16,822†† ††††††††††††††††††††††† †† 3,364
††††††††††† --† 9,314 votes are required to pass an article
††††††††††† Bancroft†††††††††††††††††††††† ††††††††††† ††††††††††† 3††††††††† ††††††††††††††††††††††† †††††† 61†††††††††††††††††††† ††††††††††† ††††† 20
††††††††††† Glenwood Plt.†††††††††††††† ††††††††††† ††††††††††† 3††††††††† ††††††††††††††††††††††† †††††††† 0††††††††††††††††††††† ††††††††††† ††††††† 0††
††††††††††† Orient†† ††††††††††††††††††††††† ††††††††††† ††††††††††† 3††††††††† ††††††††††††††††††††††† †††† 145†††††††††††††††††† ††††††††††† ††††† 48††
††††††††††† Vanceboro†††††††††††††††††† ††††††††††† ††††††††††† 3††††††††† ††††††††††††††††††††††† †††† 147†††††††††††††††††† ††††††††††† ††††† 49
††††††† S.A.D. #14
††††††††††† Danforth††††††††††††††††††††† ††††††††††† ††††††††††† 3††††††††† ††††††††††††††††††††††† ††† 629†††††††††††††††††† ††††††††††† ††† 210††††
††††††††††† Weston ††††††††††††††††††††††† ††††††††††† ††††††††††† 2††††††††† ††††††††††††††††††††††† ††† 203†††††††††††††††††† ††††††††††† ††† 102
††††††† East Range II C.S.D. (K-12)
††††††††††† Codyville††††††††††††††††††††† ††††††††††† ††††††††††† 1††††††††† ††††††††††††††††††††††† ††††† 19†††††††††††††††††††† ††††††††††† †††† 19
††††††††††† Topsfield††††††††††††††††††††† ††††††††††† ††††††††††† 3††††††††† ††††††††††††††††††††††† ††† 225†††††††††††††††††† ††††††††††† †††† 75
††††††††††† --† 715 votes are required to pass an article
A complete list of votes by unit is enclosed using the 2000 census counts.
†If you notice any errors in the number of school board members in any of your units,
†please contact us as soon as possible.
The day, place and time of the meeting to consider employment of a superintendent shall be set by the chairperson of the board in a single unit, and by agreement of the board chairpersons of all towns in a school union.† The superintendent's office shall notify all board members of the day, time and place of the meeting at least 7 days in advance of the meeting date.
Superintendents are elected for specific terms not to exceed 5 years.† The term of office for any superintendent shall end on June 30, with the year to be specified by board vote.† The superintendent must hold a valid superintendent's certificate when the board votes to employ or the election shall be declared null and void and without effect.† The motion to elect the superintendent and set the superintendent's salary should specify the time frame within which the offer must be accepted by the superintendent or candidate.† Non-acceptance of the offer means that a vacancy will occur at the expiration of the current contract agreement.†
A copy of the completed Certificate of Employment must be filed with the treasurer of each member town of a school union.† Forms may be reproduced locally to meet needs.
FOR† UNIONS,† CSDS,† SADS,† MUNICIPAL† SCHOOL† UNITS:
1.††††††††††† The union committee or the school board (SAD, CSD, municipal school unit)
††††††††††† shall meet to elect the superintendent by majority vote of the full membership.
††††††††††† (This is a requirement during the December meeting of the year preceding the
††††††††††† †expiration of the superintendent's contract.† This is an optional agenda item in
††††††††††† other years.)
2.††††††††††† The union committee or the school board (SAD, CSD, municipal school unit)
††††††††††† shall adopt a budget for the operation of the office of the superintendent of
††††††††††† schools including office assistants, supplies, utilities, and other expenses.
3.††††††††††† The union committee or the school board (SAD, CSD, municipal school unit) shall
††††††††††† fix the superintendent's salary.
4.††††††††††† (IF APPLICABLE)† Authorization is given for the superintendent to serve as agent
††††††††††† for town(s) ____________% of the time.
ADDITIONAL† ITEM† FOR† UNIONS† AND† CSDS† ONLY:
5.††††††††††† The union committee or the district school committee (CSD) shall determine
††††††††††† the relative amount of service to be performed by the superintendent in each unit.
ADDITIONAL† ITEMS† FOR† UNIONS† ONLY:
6.††††††††††† The union committee shall organize by electing annually a chairman and a secretary
††††††††††† who shall both be members of a school board.
7.††††††††††† The union committee shall determine the minimum number of visits which the school
††††††††††† superintendent is to make each term to each school.
ADDITIONAL† ITEM† FOR† UNIONS,† CSDS,† AND† UNITS† COMBINED† FOR† SUPERVISORY† PURPOSES:
8.†† The union committee, district school committee (CSD), or governing body of other units combined for supervisory purposes shall adopt a written plan of cost sharing for the
††††††††††† supervisory unit.† (Form enclosed for such purpose.)
A copy of the minutes showing the action of the board and/or joint committee should be attached to the Certificate of Employment, along with a copy of the superintendentís contract which should be returned to this office directly after the December meeting.
Superintendents of Schools are responsible for delivering copies of this letter and appropriate materials to the chairperson of each Board.† Questions concerning this letter should be directed to Judith M. Lucarelli, Deputy Commissioner at 624-6606.