Board Policies


Adoption Date: Aug 01, 1991
1260 - INCAPACITY OF THE SUPERINTENDENT

It is the legal duty of the Board to appoint a temporary or acting Superintendent by a majority vote of the Board upon determination that the Superintendent is incapacitated in such a manner that s/he is unable to perform the duties of his/her office.

The Board shall fix the compensation of the temporary Superintendent who shall serve until the Superintendent’s incapacity is removed or until the expiration of the Superintendent’s contract whichever is sooner.  S/He shall perform all of the duties and functions of the Superintendent, and may be removed at any time for cause by a two-thirds (2/3’s) majority vote of the Board.

The Board shall determine that the Superintendent is incapacitated:

A. at the request of the Superintendent, if the Superintendent is absent by reason of lengthy personal illness or injury or exposure to contagious disease could be communicated to others;

B. upon certification of a physician selected and compensated by the Board:

C. upon certification of a physician or institution selected by the Superintendent and compensated by the Board provided such physician or institution has been approved by the Board;

D. where the physician designated by the Board disagrees with the physician selected by the Superintendent, the two (2) physicians shall agree on a third impartial physician who shall examine the Superintendent and whose medical opinion shall be conclusive and binding on the issue of medical capacity to perform assigned duties.  The expense of the third examination shall be borne by the Board.

If it is determined that the Superintendent is unable to perform his/her duties, s/he may:

A. be placed on sick leave, with pay, not to exceed the amount of his/her accumulated but unused sick leave and any advancement of such sick leave which may be authorized by Board policy;

B. be placed on sick leave with such pay to which s/he may be entitled or which may be authorized by Board policy.

The foregoing leave shall not extend beyond the term of the contract.

The Superintendent may, upon proper certification of recovery, be returned to active duty status, unless the Board denies the request within ten (10) days of receipt of the request.

This page was last modified: