This update reviews the recommended protocol when the governing board wishes to approve or extend the superintendent’s contract or set the salary of the superintendent. , A. BOARD APPROVAL OF OR AMENDMENT TO EMPLOYMENT CONTRACTS, The statutes with respect to a governing board’s approval of a district superintendent’s employment agreement are set forth in the Government Code., 1. Open Session Ratification of the Superintendent’s Contract. , Government Code sections 53260-53264 apply to various local agency employment agreements, including school and college districts contracts involving the superintendent and other high level administrators. , Section 53262 provides that the contract of employment of a district superintendent “shall be ratified in an open session of the governing body which shall be reflected in the governing body’s minutes.” This provision assumes that the governing board took action in closed session to appoint or re-employ the superintendent pursuant to Government Code section 54957. If a closed session discussion occurs but no action is taken in closed session, any subsequent public session action should be described as an “approval” of the contract rather than a “ratification” of the contract.
The material and information on this web site are made available by School & College Legal Services (“SCLS”) for informational purposes only and should not be considered legal advice. The transmission and receipt of information on the web site do not form or constitute an attorney-client relationship. Persons receiving information on this web site should not act upon the information provided without seeking professional legal counsel. Some links within this site may lead to other sites. The SCLS site does not incorporate any materials appearing in such linked sites by reference, and the firm does not necessarily sponsor, endorse or otherwise approve of such linked materials. SCLS wants you to be aware that when you click on links, which take you to third-party web sites, you will be subject to such third-party privacy policies. While we support the protection of privacy on the Internet, SCLS expressly disclaims any and all liability for the actions of third parties, including without limitation actions relating to the use and/or disclosure of information by third parties.
School & College Legal Services
5350 Skylane Boulevard
Santa Rosa, California 95403
T: (707) 524-2690
F: (707) 578-0517