If a termination settlement agreement has been made with an employee, the Superintendent or designee shall inform prospective employers, upon request for an employment reference, that an agreement exists and that he/she may only provide information as provided for in the agreement.
\n\nCash settlements made upon the termination of a contract shall never exceed an amount equal to the employee's monthly salary multiplied by the number of months, up to 18, in the unexpired term of the contract. This amount is a maximum ceiling, not to be construed as a target amount for settlement agreements. (Government Code 53260)
\n\nSettlement agreements shall not include noncash items other than health benefits, which the district may offer to continue for the unexpired term up to 18 months or until the employee finds other employment, whichever comes first. (Government Code 53261)
\n\nCopies of settlement agreements with a superintendent, deputy superintendent, assistant superintendent, associate superintendent or other similar chief administrative officer or chief executive officer shall be made available to the public upon request. (Government Code 53262)
\n\n\n", "contentText": "If a termination settlement agreement has been made with an employee, the Superintendent or designee shall inform prospective employers, upon request for an employment reference, that an agreement exists and that he/she may only provide information as provided for in the agreement.\n\nCash settlements made upon the termination of a contract shall never exceed an amount equal to the employee's monthly salary multiplied by the number of months, up to 18, in the unexpired term of the contract. This amount is a maximum ceiling, not to be construed as a target amount for settlement agreements. (Government Code 53260)\n\nSettlement agreements shall not include noncash items other than health benefits, which the district may offer to continue for the unexpired term up to 18 months or until the employee finds other employment, whichever comes first. (Government Code 53261)\n\nCopies of settlement agreements with a superintendent, deputy superintendent, assistant superintendent, associate superintendent or other similar chief administrative officer or chief executive officer shall be made available to the public upon request. (Government Code 53262)", "footnotes": [ { "type": "State", "references": [ { "code": "5 CCR 80303", "description": "Reports of change in employment status; alleged misconduct", "url": "https://govt.westlaw.com/calregs/Document/I7B1196734C6911EC93A8000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" }, { "code": "5 CCR 80332", "description": "Professional candor and honesty in letters or memoranda of employment recommendation", "url": "https://govt.westlaw.com/calregs/Document/I7B8121234C6911EC93A8000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" }, { "code": "Civ. Code 47", "description": "Privileged communication", "url": "http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=47.&lawCode=CIV" }, { "code": "Gov. Code 53260-53264", "description": "Employment contracts", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=2.&title=5.&part=1.&chapter=2.&article=3.5." }, { "code": "Lab. Code 1198.5", "description": "Personnel records related to performance and grievance", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1198.5." } ] }, { "type": "Management Resources", "references": [ { "code": "Court Decision", "description": "Board of Trustees of Leland Stanford Junior University v. Superior Court (1981) 119 Cal. App. 3d 516", "url": "https://www.lexisnexis.com/clients/CACourts/" }, { "code": "Court Decision", "description": "Randi W. v. Muroc Joint Unified School District et al. (1997) 14 Cal. 4th 1066", "url": "https://www.lexisnexis.com/clients/CACourts/" }, { "code": "Website", "description": "CSBA District and County Office of Education Legal Services", "url": "https://legalservices.csba.org/" } ] } ], "crossRefs": [ { "code": "1340", "title": "Access To District Records", "type": "AR" }, { "code": "1340", "title": "Access To District Records", "type": "AR" }, { "code": "2121", "title": "Superintendent's Contract", "type": "AR" }, { "code": "4112.6", "title": "Personnel Files", "type": "AR" }, { "code": "4112.61", "title": "Employment References", "type": "AR" }, { "code": "4112.61", "title": "Employment References", "type": "AR" }, { "code": "4312.1", "title": "Contracts", "type": "AR" } ], "attachments": [] }