Clause removed from contracts

Graham Jaehnig/Daily Mining Gazette One of the major functions of a superintendent, said Kipp Beaudoin, is to look to the interests of the school district, which is what compelled him to suggest to the Hancock School Board that it write new contracts that would not include evergreen provisions.

HANCOCK –The word changes “non-renewal” to “non-extension” will occur in all three of the administrative contracts, which include the contracts for the elementary school principal, the middle and high school principal, and the superintendent. But in order to make the change, the board had move not to renew the existing contracts. When the current contract terms end in 2020, negotiations with administrators will be offered under the new, re-worded contract.

Not renewing the existing contracts, School Board President Dale Kero said Monday, eliminates an evergreen provision contained the administrative. The evergreen provision allows for an agreement to continue for a defined period if the existing agreement is not renegotiated or properly cancelled within a specified time.

An evergreen provision is an optional portion in a contract that makes it renew automatically, usually on a yearly basis, states the Waltz, Palmer & Dawson, LLC attorney website. It usually provides that the contract will be renewed at the end of each year unless one of the parties notifies the other party or parties in writing during the 30 days before automatic renewal. This 30-day window is important, because it is the only time each year when the contract can be cancelled without paying damages to the other parties.

When Beaudoin submitted his resignation on March 8, Kero said the school’s attorneys recommended using that time as an opportunity to end all three contracts, in order to change the wording that would eliminate the evergreen provision.

“We know we have that person under contract, and if it doesn’t work out, we can go through those channels. They have a commitment from us for two years, financially, and we have a commitment from them for two years,” said Kero.

Changing the contracts from “non-renewal” to “non-extension” is splitting hairs when it comes to the verbiage, Kero said.

“But our attorneys made it very clear that if we don’t change (the wording) now, it just keeps going on and on and on.”