The USD 253 Emporia Board of Education has appointed Dr. David McGehee as its interim Assistant Superintendent of Business Operations. However; McGehee steps into the role after controversy with his former district.
During a special meeting Friday afternoon, board members voted unanimously to approve a contract with ESSDACK for a finance and operations consultant that also appointed Dr. McGehee to the interim role. Immediately after the meeting, board member Jeremy Dorsey says the district is excited for McGehee to be coming on board.
McGehee was superintendent of the R-7 School District of Lee’s Summit for 10 years, but he left in 2016 under less than favorable circumstances. After being suspended with pay, McGehee reach an agreement with the R-7 District to resign. Numerous reports from Kansas City media say the reason for McGehee’s suspension came about “while board members looked into issues surrounding his performance, salary and potential conflicts of interest.” McGehee was Missouri’s highest-paid public official at the time of his resignation and his separation agreement included a $450,000 total payment. Lee’s Summit board members and district patrons also questioned a relationship McGehee had at the time with a representative of a law firm doing business with the district.
Board President Leslie Seeley declined comment.
Dr. McGehee’s contract with USD 253 is set to run through June at which time the district hopes to have a new permanent Assistant Superintendent of Business Operations in place following a wide search for a suitable candidate.
Friday’s meeting followed the announcement that Rob Scheib had been placed on paid administrative leave Wednesday evening following the board’s regular meeting. When asked if Friday’s action was an indication that Scheib would not be returning to his longtime role, Dorsey stated:
The district has not said why Scheib was placed on administrative and likely won’t because it’s a personnel matter. Board policy also says the superintendent has the authority to suspend district administrators with pay for “any reason,” including but not limited to alleged violations or failure to implement board policy; refusal or failure to follow reasonable directives of the superintendent; the filing of complaints against the administrator with any civil or criminal authority; and the alleged commission of an offense involving moral turpitude.
The district has not announced a timeline for the search for a permanent Assistant Superintendent, however, Dorsey says if the search goes beyond June the board will take additional action at that time.
Also Friday, the board approved an update to the district’s Kansas Municipal Investment Pool Account. The update was needed to authorize the persons eligible to transfer and withdraw funds, issue letters of instructions and take other actions deemed necessary for the funds deposited in the district’s Kansas Municipal Investment Pool account. Director of Business Stephanie Pope and Business Operations Specialist Catherine Cape were approved for those duties.
Contract terms for the finance and operations consultant between USD 253 Emporia and ESSDACK
This contract, dated February 10, 2023, is made between ESSDACK with an address of 200 E. 11th #200, Hutchinson, KS 67501, and hereinafter referred to as “CONSULTANT” and Emporia, USD 253, hereinafter referred to as “INSTITUTION.”
ARTICLE I
SCOPE
I-I. Generally. Consultant agrees to provide qualified and experienced professional staff members to serve as a “Finance and Operations Consultant” to the Institution.
I-II. Services Provided by Consultant. The Consultant, through the designated professional staff person assigned, shall provide the following services:
Essential Functions:
● Serve as Treasurer of the Board of Education and the Recreation Commission● Oversee the management of fiscal and capital resources of the district.
● Develop and manage the district budgets with regard to funds/funding sources.
● Assure efficient, lawful management/distribution of funds to include Local, State, and Federal funds.
● Supervise fiscal processes and procedures to include but not limited to financial investment, purchasing, payroll and accounting, fixed assets, and inventory.
● Advise the Superintendent and the Board of Education of financial matters of the district.
● Inform the Superintendent and the Board of Education regarding legal matters related to business operations.
● Represent the Board of Education on contract negotiations with the teachers’ bargaining unit.
● Serve as facility manager for the district administration building.
● Oversee efforts to maximize fiscal efficiency to include energy conservation.
● Oversee the development and implementation of facility repair and improvements.
● Provide professional leadership organizing, administering, and evaluating the operational programs of the district to ensure efficient and lawful function with respect to:
○ Budgets and Finance
○ Supply and Distribution
○ Maintenance, Buildings, and Grounds
○ Technology Infrastructure and Equipment
○ Transportation
○ Food Service
I-III. Change or Addition of Duties. The duties of the Consultant may only be changed by the mutual written agreement of the parties.
I-IV. Work Area and Access. During the term of this contract, Institution will provide reasonable and necessary on-site workspace and access to necessary equipment for the Consultant to perform the Consultant’s duties and obligations hereunder.
ARTICLE II
LOCATION OF SERVICES
The Consultant and Institution hereby agree that the duties and services provided by the designated professional staff person shall be performed at buildings located within
the USD 253 district.
ARTICLE III
COMPENSATION
The Institution shall pay ESSDACK the sum, not to exceed, of Fifty-Nine Thousand Three Hundred Five dollars ($59,305) for 98 days of work, from February 13 to June 30, 2023, as compensation for the services contemplated herein. This contracted amount includes all employee costs, including compensation, benefits, and other required costs. Further, this contracted amount may be reduced by not more than Two Thousand Four Hundred Twenty-Eight dollars ($2,428) based on the use of allowable expenses. Said compensation shall be paid in 4 monthly installments and is inclusive of all employer-related expenses. Each of the parties hereto shall be responsible for any costs and expenses incurred in performing its responsibilities and obligations under this Agreement, including all expenses related to each party’s employees, including but not limited to payroll taxes, workman’s compensation, withholding, and any other expenses
which may be incurred by either party in connection with this Agreement.
The Institution further agrees to reimburse mileage to designated professional staff for travel done at the request of the Institution at the current rate established by the
Institution.
If fewer than 98 days are worked by the Financial and Operations Consultant, the final invoice to the Institution will be reduced by $544 per day not worked, which includes all
appropriate employee costs.
ARTICLE IV
BENEFITS ALLOCATED
Sick and Personal Leave will be prorated per our employee policy handbook.
ARTICLE V
TERM OF CONTRACT
The Term of this Contract shall begin on February 13, 2023, and end on June 30, 2023.
ARTICLE VI
CONFIDENTIALITY
The Employee will comply will all of the requirements of the State of Kansas and the United States Government, including the U.S Department of Health and Human Services as to “HIPAA” regulations on “Standards for Privacy of Individually Identifiable Health Information,” FERPA (Family Educational Rights and Privacy Act) and with any other State and Federal laws and standards applicable to the confidentiality of personal and personal health information involved in the performance of this Contract.
ARTICLE Vll
FORCE MAJEURE
In the event that the Consultant is unable to fulfill the scope of the Contract as indicated above due to an act of God, inclusive of death or major illness of the assigned
professional staff person, or by reason of any cause not subject to the control of Consultant, this contract shall terminate upon notice thereof. Further, said the event will
not constitute a breach as contemplated in this Contract.
ARTICLE Vlll
REMEDIES FOR BREACH OF CONTRACT
VIII-I. Institution Breach. In the event of the breach or threatened breach of any provision of the contract by the Institution, the Consultant shall be entitled to
injunctions, both preliminary and final, enjoining and restraining such breach or threatened breach. Such remedies shall be in addition to all other remedies available
at law or in equity, including the Consultant’s right to recover from the Institution any and all damages that may be sustained as a result of the Employee’s breach of contract.
VIII-II. Consultant Breach. In the event of the breach or threatened breach of any provision of the contract by the Consultant, the Institution shall be entitled to injunctions,
both preliminary and final, enjoining and restraining such breach or threatened breach. Such remedies shall be in addition to all other remedies vailable at law or in equity,
including the Institution’s right to recover from the Consultant any and all damages that may be sustained as a result of the Consultant’s breach of contract, including but not limited to salary and benefits due pursuant to the provisions of this contract listed
above.
ARTICLE IX
GOVERNING LAW
If any clause or provision herein shall be adjudged invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, it shall not affect the
validity of any other clause or provision, which shall remain in full force and effect. The contract shall be governed by the laws of the state of Kansas. The Reno County District Court of the state of Kansas shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such court’s exercise of jurisdiction.
ARTICLE X
SEVERABILITY
Each of the provisions of this agreement shall be enforceable independently of any other provision of this contract and independent of any other claim or cause of action. In the event of any dispute arising under this agreement, it is agreed between the parties that the law of the state of Kansas will govern the interpretation, validity, and effect of this contract without regard to the place of execution or place of performance thereof.
ARTICLE Xl
COMPLETE AGREEMENT
This contract supersedes all prior contracts and understandings between the Institution and Consultant and may not be modified, changed, or altered by any promise or
statement by whomsoever made; or shall any modification of it be binding upon either party until such written modification shall be been approved in writing by both parties.
ARTICLE Xll
WAIVER OF BREACH
The failure of either the Institution or the Consultant at any time to require the performance of the other of any of the provisions herein shall in no way affect the respective rights of or of the Consultant to enforce the same nor shall the waiver by the Employee or the Consultant of any breach of any provisions hereof be construed to be a waiver of any succeeding breach or as a waiver or modification of the provisions of the contract itself.
USD 253 board policies for administrator evaluation, resignation and suspension
CGI – Administrator Evaluation (See CEI and GAK)
Administrative personnel shall be evaluated in writing by the superintendent or a designated representative in accordance with legal requirements. Administrative personnel files and evaluations shall be available only to the board, the appropriate administrator, the superintendent and others authorized by law.
The board’s procedures concerning evaluation of district administrators shall be on file with the clerk in the central office and may be published in the appropriate handbook.
CEK – Resignation
The superintendent may submit a resignation to the board president at a regular or special meeting. The board shall consider the resignation in light of the district’s needs.
CGK – Suspension
The superintendent shall have the authority to suspend district administrators with pay pending further board action.
The superintendent may suspend administrators with pay for any reason, including, but not limited to, one or more of the following: alleged violation of or failure to implement board policy, rule, or regulation; refusal or failure to follow a reasonable directive of the administrator’s supervisor, the superintendent, or the board; the filing of a complaint against the administrator with any civil or criminal authority; the alleged commission of an offense involving moral turpitude; or other good cause.
If a suspension without pay is imposed on an administrator, the administrator is entitled to pay until the administrator has been advised of the basis for suspension and has been given an opportunity to respond.
