U-46 superintendent contract reflects concerns of the past

Incoming Superintendent Jose Torres' contract, approved this week by the Elgin Area School District U-46 board, contains two unusual provisions borne out of past problems.

If board members want to fire Torres before his term is up, it would require the approval of five of the seven board members, not a simple majority of four.

In 2002, just six months into his term as superintendent, Torres was fired in a 4-3 vote from California's San Ysrido school district, by board members claiming his leadership style was problematic.

More Coverage The Full Report U-46 Superintendent's new contract

In contract negotiations with U-46, Torres suggested the 5-of-7 provision to the board, he said.

"What often happens is the board that selects you is not the board that evaluates you," said Torres, now a Chicago Public Schools regional superintendent.

"From my perspective, if they were going to exercise that part of the contract #8230; I think that that's a pretty important decision that should be done by more than a simple majority."

Board President Ken Kaczynski said he and other board members thought the provision made sense for a number of reasons.

From a stability standpoint, Kaczynski said, the provision serves as a sort of safety net. Firing a superintendent, he said, "is an expensive decision. And more importantly, it's disruptive."

In turn, to lessen the impact of an early exit, like that of his predecessor Connie Neale, Torres has agreed to pay U-46 $25,000 if he leaves in less than two years.

Neale officially retired Feb. 25. In September, just months after negotiating a $60,000 pay raise, she went on indefinite sick leave, moving to a home in Joplin, Mo., at the district's expense.

Milwaukee-based Search firm ProAct Inc., tasked with finding her replacement, this winter conducted nine community forums, 55 group sessions and a widely circulated survey. During these meetings, community members repeatedly said they felt burned by Neale's lucrative pay package.

"We heard loud and clear that our community was reeling from the change that seemed to happen suddenly upon us," Kaczynski said. "I think this bubbled up out of concern that that would happen again. This was an exploration of what we could contractually do to protect ourselves."

Torres said Wednesday he doesn't plan to exercise the $25,000 payout option.

"I'd really love to stay here for a long time," he said. "I think there's plenty of work to do, not that U-46 is broken, but it wants to get better."

In designing Torres' contract, Kaczynski said, board members tried to focus on what was fair to taxpayers and what was competitive in the marketplace.

"We figured out a way to make this work," Kaczynski said. "If he's here for 15 or 20 years, his contract will not look the same."