York County School Division has this employment contract with its Superintendent Shandor
The compensation package for the Superintendent includes several perks:
High Base Salary: The base annual salary of $272,429.64 is relatively high compared to average salaries in the region or compared to other public sector roles. This salary is excessive, especially considering that it is funded by the public.
Deferred Compensation Plan: The contribution of 22% of the Superintendent’s base salary to a deferred compensation plan each fiscal year adds to the overall cost of the contract. While deferred compensation plans can offer tax advantages and help attract top talent, such a generous contribution, particularly since it is significantly higher than what is offered to other employees or executives in York County.
Tax Benefits: While contributions to the deferred compensation plan offer potential tax advantages for the Superintendent, this is a loss of tax revenue for the county. This reduction in taxable income impacts overall tax revenues for the county.
Wealth Accumulation: The potential for significant wealth accumulation over the term of the agreement, through both the high base salary and contributions to the deferred compensation plan, is excessive. Why are public funds being used to provide such substantial benefits to one individual, particularly when there are competing priorities for funding within the York County School Division (YCSD).
Inequity: Obvious inequity in the distribution of funds, especially since the Superintendent’s compensation package is significantly higher than that of other employees of the YCSD. Dissatisfaction is highly possible among employees and the community, potentially impacting morale and trust in leadership.
Budget Constraints: The high cost of the Superintendent’s compensation package is an unnecessary strain on the YCSD’s budget, cuts in other areas such as educational programs, facility maintenance, or staff salaries is probable. Is such a large allocation of funds to one individual justified, particularly if it comes at the expense of essential services or resources for students.
Public Scrutiny: Taxpayers have the right to scrutinize how their tax dollars are spent, and a high-profile compensation package for the Superintendent certainly raises eyebrows. His salary is extravagant and should never have been approved by the previous board.
Long-Term Financial Obligations: The extensive duration of the contract, along with the prospect of wealth accumulation and retirement benefits, obligates taxpayers to finance the Superintendent’s compensation package not just during the agreement but also in the future. This is worrisome given the economic uncertainties currently faced by York County taxpayers. Prioritizing such substantial funding for one position over others in the region appears unnecessary.
CONTRACT FOR EMPLOYMENT OF DIVISION SUPERINTENDENT
YORK COUNTY SCHOOL DIVISION
July 1, 2023 THROUGH June 30, 2027
THIS CONTRACT (hereinafter referred to as “Agreement”), made and entered into on June 5, 2023 by and between the County School Board of York County, Virginia, party of the first part, hereinafter called “Board”; and Victor David Shandor, Division Superintendent, party of the second part, hereinafter called “Superintendent.”
-WITNESSETH-
WHEREAS, the Board at a special meeting held on June 5, 2023, resolved to employ Victor David Shandor as the Superintendent of the York County School Division for a period of four (4) years, commencing July 1, 2023; and WHEREAS, the parties wish to enter into an agreement setting forth the terms of such employment during such period; and WHEREAS, this Agreement voids and supersedes all prior contracts and amendments between the parties relating to the Superintendent’s employment effective as of midnight June 30, 2023; NOW THEREFORE, the Board and the Superintendent agree to the terms and conditions of employment as follows: 2027.
TERM OF EMPLOYMENT
The Board employs the Superintendent for a period from July 1, 2023 to June 30, 2027
DUTIES OF SUPERINTENDENT
(a) The Superintendent shall serve as the chief administrative officer of the York County School Division in accordance with the laws of the Commonwealth of Virginia, the regulations and policies adopted by the State Board of Education, the policies and regulations adopted by the Board and the legal directives of the Board. The Superintendent agrees that he will devote his time, skill, labor and attention to his duties as the Chief administrative officer of the York County School Division.
(b) The Superintendent agrees that he will perform any other legally permissible duties or functions which the Board may see fit to assign to him at any time during the term of this Agreement consistent with the office of Division Superintendent.
(c) The Superintendent shall have charge of the administration of the York County School Division under the direction of the Board. He shall be the chief executive officer for the Board; shall select, organize and assign all personnel, as best serves the York County School Division, subject to the approval and policies of the Board and the laws of the Commonwealth; shall oversee the instructional program and business affairs of the York County School Division; shall from time to time suggest regulations, rules, and procedures deemed necessary for the operation of the York County School Division; and in general perform all duties incident to the office of Superintendent as prescribed by Board policy and such other duties as may be prescribed by the Board from time to time.
(d) The Superintendent shall fully and completely inform the Board of any and all information that is relevant to the functioning of the Board.
(e) The Board, both individually and collectively, will promptly refer all criticisms, complaints, and suggestions concerning the York County School Division or its employees to the Superintendent or his designee for investigation, study, review and recommendation.
COMPENSATION
The total base annual salary of the Superintendent consists of the salary stated in subsection (a) below, which includes the leave conversion noted in Section IV, plus, the deferred compensation stated in subsection (b) below, that is paid directly to one or more deferred compensation plans.
(a) The base annual salary of the Superintendent for the fiscal year, July 1, 2023 through June 30, 2024, shall be Two-Hundred Seventy-Two Thousand, Four Hundred Twenty-Nine Dollars and Sixty-Four Cents ($272,429.64). The base annual salary will be paid in equal monthly installments in accordance with the standard policy of the Board governing payment of professional staff members in the school division and prorated if this contract is initiated on a date other than July 1. The base annual salary of the Superintendent may be adjusted or increased by amendment for any subsequent fiscal year during the term of this Agreement. Annual salary increases for the Superintendent shall equal no less than the average increase approved by the Board for instructional personnel for the corresponding fiscal year unless the Superintendent has received an unsatisfactory performance evaluation. In no event, however, shall the salary adjustment reduce the base annual salary below the salary of the preceding fiscal year unless otherwise agreed to by the Superintendent and the Board in writing.
(b) Included in the base annual salary specified above, for the first fiscal year of this Agreement, which commences July 1, 2023, the Board agrees to make a contribution for the Superintendent’s benefit to a deferred compensation plan(s) agreed upon by the Board and the Superintendent in the aggregate amount of Twenty-two percent (22%) of the Superintendent’s base annual salary with all principal, interest and dividends accruing therefrom to be the property of the Superintendent. The parties also agree that the contribution is not conditional, would otherwise have been included in the taxable income, and the Superintendent has elected the deferral. The Parties acknowledge that they are responsible for ensuring adherence to the applicable contributions limits for the deferred compensation plan or plans to which the contribution is made.
For the second fiscal year of this Agreement, which commences July 1, 2024, the Board agrees to make a contribution for the Superintendent’s benefit to a deferred compensation plan(s) agreed upon by the Board and the Superintendent in the aggregate amount of Twenty-two percent (22%) of the Superintendent’s base annual salary with all principal, interest and dividends accruing therefrom to be the property of the Superintendent. Such contribution shall be included in the Superintendent’s base salary for this year. The parties also agree that the contribution is not conditional, would otherwise have been included in the taxable income, and the Superintendent has elected the deferral. The Parties acknowledge that they are responsible for ensuring adherence to the applicable contributions limits for the deferred compensation plan or plans to which the contribution is made.
For the third fiscal year of this Agreement, which commences July 1, 2025, the Board agrees to make a contribution for the Superintendent’s benefit to a deferred compensation plan(s) agreed upon by the Board and the Superintendent in the aggregate amount of Twenty-two percent (22%) of the Superintendent’s base annual salary with all principal, interest and dividends accruing therefrom to be the property of the Superintendent. Such contribution shall be included in the Superintendent’s base salary for this year. The parties also agree that the contribution is not conditional, would otherwise have been included in the taxable income, and the Superintendent has elected the deferral. The Parties acknowledge that they are responsible for ensuring adherence to the applicable contributions limits for the deferred compensation plan or plans to which the contribution is made.
For the fourth fiscal year of this Agreement, which commences July 1, 2026, the Board agrees to make a contribution for the Superintendent’s benefit to a deferred compensation plan(s) agreed upon by the Board and the Superintendent in the aggregate amount of Twenty-two percent (22%) of the Superintendent’s base annual salary with all principal, interest and dividends accruing therefrom to be the property of the Superintendent. Such contribution shall be included in the Superintendent’s base salary for this year. The parties also agree that the contribution is not conditional, would otherwise have been included in the taxable income, and the Superintendent has elected the deferral. The Parties acknowledge that they are responsible for ensuring adherence to the applicable contributions limits for the deferred compensation plan or plans to which the contribution is made.
The Superintendent may draw the above amounts beginning in the month of July during each year of this Agreement in order to invest it in the selected plan(s).
(c) Other than annual salary increases specified in subsection (a) herein, any further adjustments to the base annual salary for subsequent years during the term of this Agreement shall be in writing and shall be in the form of an amendment to this Agreement.
IV ANNUAL LEAVE AND SICK LEAVE
The Superintendent shall receive a total of twenty-four (24) days annual leave (exclusive of holidays recognized by the school division) and a total of twelve (12) days sick leave per annum. The Superintendent shall accrue the amount of annual leave and sick leave due the Superintendent under this Agreement in accordance with School Board Policy GCBD. Unused earned sick leave may be accumulated to a total of one-hundred twenty (120) days. Prior to June 30 of any contract year, the Superintendent may designate a certain number of accrued but unused annual leave and/or sick leave days, not to exceed a total of twenty (20) in any given year, to be paid out to the Superintendent on a per diem basis (then current salary divided by 246 days) in 12 equal monthly installments during the following contract year and included in the Superintendent’s base annual salary for that year.
V AUTOMOBILE REIMBURSEMENT
The Superintendent’s vehicle may be used for private purposes and for travel required in the performance of his official duties. The Board shall reimburse the Superintendent at the Board-approved rate per mile for business-related travel. The amount of the reimbursement may be considered salary as defined by the Internal Revenue Code. The Superintendent is responsible for reporting such income and for paying all taxes due on account of such payments.
VI PAYMENT OF OTHER BENEFITS AND EXPENSES
(a) The Board agrees to pay on behalf of the Superintendent the full premiums for employee plus family (family coverage) for both health and dental insurance.
(b) Upon retirement from the York County School division The Board agrees to pay the total premium for dual coverage (employee plus family) hospitalization, medical/health insurance and dental. The Superintendent shall be entitled to continue his family health insurance, as a retiree, with the School Division through the school year during which he turns 65 years of age. The Board shall fully pay the premiums for his participation, provided that such continued participation is permissible under the School Division’s group health insurance plan existing at that time and all applicable law.
(c) The Board agrees to pay on behalf of the Superintendent the full premium on supplemental disability insurance providing for payment of benefits at rates not less than sixty-seven percent (67%) of the Superintendent’s current base salary, as amended from time to time.
(d) The Board encourages professional growth of the Superintendent and participation in civic and service organizations. Therefore, the Board will pay for the Superintendent’s membership in the Virginia Association of School Administrators and the American Association of School Administrators. The Board, upon prior approval, may pay all reasonable expenses, within the allowance of the annual budget, for membership in other applicable professional organizations submitted to the Board for payment. The Board, upon prior approval, may pay all reasonable expenses incurred by the Superintendent within the allowance of the annual budget, submitted to the Board for payment for attendance at appropriate professional meetings held at the local, state and national levels.
(e) The Superintendent shall either be provided reasonable cell phone service or the Board shall reimburse the Superintendent for all related business charges to the Superintendent’s personal cell phone.
(f) The Board agrees to pay an amount not to exceed Two-Thousand, Five- Hundred ($2,500.00) per year for premiums for both a term life insurance policy and a supplemental life insurance policy, to be purchased and owned by the Superintendent and with beneficiaries designated by the Superintendent.
(g) The Superintendent shall be entitled to any other benefits spelled out in the School Board policy manual for twelve (12) month administrative personnel unless otherwise noted in this Agreement. These benefits shall be provided in accordance with all applicable Board policies and procedures, as may be revised from time to time.
VII EVALUATION
The Superintendent shall provide to the Board, or accept from the Board, an instrument in accordance with state law and regulations to evaluate the Superintendent within 3 months of execution of this Agreement. If the Superintendent provides an evaluation instrument to the Board, within thirty days thereafter, the Board shall adopt a mutually agreed upon instrument to evaluate the Superintendent. If the Superintendent does not provide an instrument to the Board, the Board will adopt an instrument without input from the Superintendent. Using such instrument, the Board shall evaluate annually the Superintendent. Such evaluation must be completed at least six (6) months before the end of each fiscal year. The Board shall devote at least a portion of a scheduled Board meeting to conduct the Superintendent’s evaluation and discuss the working relationship between the Superintendent and the Board. The Board shall provide evaluative feedback and establish performance criteria which can be used constructively by the Superintendent during the subsequent year. All aspects of such discussions shall be treated confidentially by the School Board and the Superintendent. Such discussions shall be held in a closed meeting so long as such closed meeting does not violate the laws of the Commonwealth of Virginia, including the Virginia Freedom of Information Act, Virginia Code § 2.2-3700 et seq.
VIII CONTRACT RENEWAL
At least twenty-four (24) months prior to the termination date of this Agreement, June 30, 2027, the Board and Superintendent shall communicate regarding renewal of the Agreement. Such communications shall be treated confidentially and shall be held in a closed meeting so long as such closed meeting does not violate the statutes of the Commonwealth of Virginia and specifically the Freedom of Information Act, Virginia Code § 2.2-3700 et. seq. Nothing herein shall prohibit a mutually agreed upon dissolution of this Agreement.
Provided, however, that this contract may not be renegotiated during the period following the election or appointment of new school board members and the dates such members are qualified and assume office.
IX OTHER WORK OR ACTIVITIES
The Superintendent covenants and agrees to devote his time, skill, and labor during the term of this Agreement toward the fulfillment of his duties pursuant to this Agreement. The Superintendent may, with prior approval by the Board, undertake consultative work, speaking engagements, writing, lecturing, or other professional activities for compensation so long as such activities do not interfere with his duties under this Agreement. Pursuant to Virginia Code § 22.1-66, the office of Superintendent shall be deemed vacant upon the Superintendent engaging in any other business or employment without such prior approval by the Board. The Superintendent, with prior approval by the Board, may attend appropriate professional meetings at the local, state and national level which will be beneficial to his performance under this Agreement and/or which may enhance the operation of the York County School Division.
X DISCHARGE
(a) The Superintendent, in accordance with Virginia Code § 22.1-65, may be assessed a reasonable fine, suspended from office for a limited period of time, or removed from office by either the State Board of Education or the Board for sufficient cause. In the event the Superintendent is terminated for sufficient cause pursuant to Virginia Code § 22.1- 65, which cause may include, but is not limited to, material breach of this Agreement, forfeiture of office, immorality, non-compliance with school laws and regulations, willful non- compliance with Board policies and regulations, conviction of a felony or a misdemeanor as set forth in Virginia Code § 22.1-296.1 (or an equivalent offense in another state), or any other good and sufficient cause which renders the Superintendent unfit to continue his duties, then all salary and benefits shall cease as of the effective date of such termination.
The Board, upon request by the Superintendent, shall serve written charges and notice of hearing upon the Superintendent before taking any action to fine, suspend or remove the Superintendent from office. The Superintendent may, in his sole discretion, be accompanied by and represented by legal counsel at all hearings held by the Board under this section provided that such expenses are incurred and paid by the Superintendent. Should the Superintendent prevail in any such action by the Board to fine, suspend or remove the Superintendent from office, the Board shall reimburse the Superintendent for those legal fees associated with such action unless reimbursement would be prohibited by Virginia law. The Superintendent may appeal to a court of competent jurisdiction any decision of the State Board of Education or the Board to assess a fine against him, to suspend him or to remove him from office.
(b) In the event the Superintendent is terminated by the Board for a reason not enumerated above in (a) of this section, all salary and benefits shall continue for a period of two (2) years from the effective date of such termination, or until June 30, 2027, whichever period is shorter. Such payment shall be considered liquated damages, actual damages being difficult to quantify, and shall be in lieu of all other damages of every kind and nature that could be claimed by the Superintendent for any cause of action whatsoever.
(c) Nothing herein shall be deemed to limit the right of the Superintendent to voluntarily resign; provided, however, that such resignation shall be in accordance with Articles VIII and XI of this Agreement.
XI VOLUNTARY RESIGNATION
In the event the Superintendent voluntarily resigns, all salary and benefits such as unused vacation and sick leave provisions shall cease as of the effective date of such resignation. The Superintendent agrees to give the Board ninety (90) days written notice of such resignation; provided, however, that the Board may, in its sole discretion, waive any or all of this ninety (90) day notice requirement. Such voluntary resignation shall be mutually agreed upon by the Board and the Superintendent.
XII INDEMNITY
The Board hereby indemnifies and holds harmless the Superintendent and/or his estate from any and all demands, claims, damages, suits, actions, and legal proceedings brought by or against the Superintendent, in his individual capacity or in his official capacity, as agent and/or employee of the Board for any incident or activity arising out of and within the scope of his duties as Superintendent, provided that the actions of the Superintendent related to such demands, claims, damages, suits, actions and legal proceedings were undertaken in good faith, in accordance with the law, and within the scope of his official authority.
The Board agrees to provide insurance or self-insurance coverage in matters relating to the Superintendent’s official duties within the scope of his employment, and legal counsel for the Superintendent as is provided to all employees in accordance with Virginia Code § 22.1-83.
XIII RESIDENCY
The Superintendent shall maintain legal residency in the County of York, Virginia until this agreement is terminated or expires. Failure to maintain such legal residency within the County of York, Virginia, without prior approval by the Board, shall be good and sufficient cause to terminate this agreement.
XIV OTHER TERMS AND CONDITIONS OF EMPLOYMENT
This Agreement is expressly subject to the laws of the Commonwealth of Virginia, the regulations of the State Board of Education, and the policies of the Board. Any provision of this Agreement which is contrary to or violates such statutes, regulations, or policies shall be void and such statutes, regulations, or policies shall control and supersede any such invalid provision of this Agreement. Additionally, if any provision of this Agreement is held void or invalid all remaining portions of this Agreement shall remain in full force and effect so long as they are severable from the invalid or void provision.
The Superintendent agrees that during the term of this Agreement he will not apply for
any other position of employment without first notifying the Board Chair of his intent to do so. The Superintendent’s failure to comply with this provision shall constitute sufficient cause for his discharge as provided for in Section X of this Agreement.
All changes, amendments, and modifications to this Agreement shall be in writing and executed by both the Superintendent and the Board. Subject to the laws of the Commonwealth of Virginia, the regulations of the State Board of Education, and policies of the Board, this Agreement constitutes the entire agreement between the parties.
This Agreement supersedes any other agreement, written or oral, between the parties.
The Superintendent shall receive an annual comprehensive physical examination by a licensed physician. The physician’s report certifying the Superintendent’s physical condition (Certificate of Fitness) shall be filed with the Chairman of the Board. The Certificate of Fitness shall be treated as confidential information by the Board Chair and shall only be communicated to the Board if necessary for Board action. Any portion of the cost of such examination which is not covered by the division’s insurance plan will be paid by the Board, not to exceed $300.
The failure of the Superintendent to perform the obligations agreed to in this Agreement will be reported by the Board to the State Board of Education, and considered reason to terminate the contract in accordance with Section X, paragraph one off the Agreement.
XV CONTINGENCY
Employment of the Superintendent pursuant to this Agreement is contingent upon the Superintendent furnishing to the Board evidence that the Superintendent is legally qualified to serve as Superintendent in accordance with the laws of the Commonwealth of Virginia and the regulations of the State Board of Education.
IN WITNESS WHEREOF, the County School Board of York County, Virginia has caused this Agreement to be executed on its behalf by its Chairman in accordance with action by the School Board authorizing such execution on June 5, 2023, and the Superintendent, has executed this Agreement.
This contract has been reviewed by Melanie Barbour Berry, Esquire on behalf of the School Board and by Craig Wood on behalf of the Superintendent.
EXECUTED this fifth day of June, 2023.
County School Board of York County, Virginia
By: Laurel Garrelts, Chair
ATTEST: Sandra Ford, Clerk,
County School Board of York County, Virginia
Victor David Shandor, Division Superintendent
