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    SUNY Contract, Jim Malatras

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    Rachel Silberstein
    The employment contract of SUNY Chancellor Jim Malatras.

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    SUNY Contract, Jim Malatras

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    Rachel Silberstein
    69 views12 pages
    The employment contract of SUNY Chancellor Jim Malatras.

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    SUNY contract, Jim Malatras

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    The employment contract of SUNY Chancellor Jim Malatras.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    69 views12 pages

    SUNY Contract, Jim Malatras

    Uploaded by

    Rachel Silberstein
    The employment contract of SUNY Chancellor Jim Malatras.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    Download as pdf
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    Office of the Bosrd of Trustees ew Yr ‘State University Plage August 31, 2020 Dr. Jim Malatras 20 Darroch Road Delmar, New York 12054 Dear Dr. Malatras, (On behatf of myselt, the Board of Trustees ofthe State University of Now York, ‘and the System Administration leadership team, | am delighted to confirm your ‘appointment as the new Chancellor of the State University of New York C'SUNY"), Your appointment was formally approved by aresolution ofthe Board ‘on August 21, 2026. This letter of employment (this “Agreement? establishes the terms and conditions of your appointment, which wll commence on or about August 31, 2020 as mutually agreed (the “Commencement Dat’). 1. Duties ‘Your duties shall be consistent with those customary forthe position of the Chancellor of @ State University system as wel as any such additonal duties commensurate with sch posiion as reasonably may be specified from time to time by the Board, 2 Salary The nitial State salary for this appointment "Base Salary" willbe atan annual rate of $450000 per year. Beginning with the fiscal year staring July 1, 2020, the Board shall conduct an annual review of your performance of your duties as Chancellor. Each such review willbe completed within forty-five (45) days follouing the end of the applicable fiscal year. At the reasonable discretion ofthe Board, based on your performance, the financial condition of the SUNY system, the general level of Salary and data regarding compensation provided by comparable institutions to their Chancellors, end such other factors as the Board reasonably shall consider relevant, the Board may increase (but not decrease) your Base Salary, with any ‘such increase to be effective as of the immediately preceding July 1st. The first such adjustment stall be effective July 1, 2021 ‘You and the Chairman of the Board shall meet annually to reach mutually agreeable objective goals, subject to approval by the Board. These goals shall be ‘completed and aproved annually, and within the fist forty-five (45) days following the Gommencement Date with respect to the 2020-21 fiscal year. As to each subsequent fiscal year, you and the Chairman of the Board shall identify a ‘mutually agreeable dato by which your goals shall be completed and approved, butin any event, no later than the forty-ffth (45th) day prior to the stat of the applicable fiscal year. To Learn To Search ‘nePowerer (SUNY) To Serve 4 3. Housing Allowance During your tenure as Chancellor, you wil receive a housing allowance of $60,000 ‘per year ($5,000 per month). The housing allowance will be paid to you via bi- ‘weekly payrall and will be taxed as ordinary income. 4, Faculty Appointment tthe ime of your appointment as Chancellor, you wil receive a tenured faculty appointment at therank of full professor with continuing appointment. We wil facilitate this tenured appointment in the Department of Social Science and Public [Affairs at Empire Slate Collage faliowing the standard procedure currently in effect at that campus. In te alternative, wo wil facilitate a tenured Faculty appointment of {Ul professor with continuing appointment at another slate-operated campus. (‘eferred to hereafter as “other state-operated campus’) in a department similar in tlscipine o that of Empire State College's Department of Social Science and Public Affairs (refered to hereafter as "Public Affairs") as mutually agreed to by you, the President of such other state-operated campus, and the Boar 5. Term and Termination ‘Your appointment wll extend for a period of five years commencing on the ‘Commencement Date and concluding on August 31, 2025 (the "Tetm”), unless fsailr terminated pursuant to the halanea of tha farms ofthis Paragraph 8, or Unless extended by mutual written agreement ‘The Chaitman of the Board wil inform you in writing on or before August 31, 2025 {provided that you are sill employed as Chancellor at that time) whether or not 'SUNY wishes fo extend your employment as Chancellor for an additional term land, if $0, provided that you also wish to extend your employment, the parties promptly wll enter nto good faith negotiations toward that end. Expiration Ifthe Chairman has informed you that SUNY does not wish to extend your ‘employment as Chancellor beyond the Term, and you remain employed as Chancellor through August 31, 2025, then the Term shall expire on August 31, 2025. In such avert, your employment as a tenured professor at Empire State College or other stato-operated campus in a department of Public Affairs (soo Section 4"Facuity Appointment’) shal continue, at your option, in which case you willbe ented to continue your participation in SUNY's retirement and other benefit programs (2s descibed below), consistent with then-current SUNY policy and state ‘and fedoral law, are you shall be entilled to a one (1) year study leave. You will be ‘compensated durirg Said study leave at your most recent Base Salary as, Chancellor with nc requirement that you return to the institution folowing your study leave. Should you determine to retum, the start of your actual faculty service ‘will commence after the conclusion af the study leave at & staring salary equal to 2\Page Lim Malatras August 31, 2020 the then-highast salary in the Department of Social Science and Public Affairs at Empire State College or atherstate-operated campus in a department of Public [Affairs (S88 Sectior 4 "Facully Appointment’) in consultation with the President of Empire State Colleg, of the President ofthe other state-operated campus, as to a mutually agreeable work schedule and location. ‘Temnination for Cause “The Board may terminate your employment as Chancellor for Cause after giving you thirty (30) days written notica stating the Board's intention fo terminate yout femplayment for Cause and a statement containing the specific grounds for such termination, and ary evidence upon which such Gause has been alleged during vwhich time you shall have the right to cure the circumstances alleged to constitute Cause, if curable, endior a reasonable opportunity to be heard in person with respect tothe alleged grounds for Cause. Ifthe grounds alleged to constitute Cause are curable, or deemed not established by a designated SUNY official after being heard, the Board's notice of termination for Cause shall be deemed to be ‘utomalcally withdrawn and shall not affect a termination of your employment as ‘Chancellor f you afect such cure during that ime. "Cause," as used inthis ‘Agreement, shall rrean (1) convietion (including a pleading of nolo contendere) of 2 felony; (2) convicion (including a pleading of nolo contendere) of misdemeanor invol”ing moral turpitude thal materially impairs your ability to discharge your dues Rereunder; (3) commission of any act of material dishonesty ff fraud in your dues; (4) violation of the SUNY workplace policy pursuant to 27-b fof the NYS Labor Lavr (5) unlawful harassment of any employee or any independent contrector of SUNY; (6} theft or unauthorized conversion or transfer ff any SUNY opportunity to tha Chancallo ar any third party: (7) acts constituting ‘9rose negligence ar intentional misconduct in the course of your duties; (8) persistent, wilful and material non-performance of your duties hereunder; or (9) material breach of his Agreement or any statutory duty owed by the Chancelior to SUNY. No act or fallur to act by you shall be considered wilful unless done or ‘Rot done in bad faih and without reasonable belief that your action or omission was in the best interests of SUNY. ‘Tennination without Gause ‘SUNY may terminate your employment as Chancellor at any ime (whether prior to or after the Commencement Date) without Cause by giving not less than ninety (00) days’ prior writen notice to you. In such event, your employment as a tenured professor at Empire State College or other stato-operated campus (see Section 4 "Faculty Appointment’) shall continue, at your option, in which case you will be enitled to continue your participation in SUNY's retirement and other benefit programs (as descibed below), consistent with then-current SUNY policy and state [and federal law, and you shall be ented ta @ one (1) year study leave. You will be ‘compensated durirg said study leave at your most recent Base Salary as, ‘Chanesllor, with ne requirement that you return to the institution folowing your study leave, Should you determine to retum, the start of your actual faculty service ‘will commence after the conclusion of the study leave at a starting salary equal to the then-highestselary inthe Department of Social Sclence and Public Affairs, or inva department of Public Affairs atthe other state-operated campus (see Section 4 3 [Page Jim Malatras August 31, 2020 “Faculty Appointment’) at a mutually agreeable location and upon such terms determined between you and the President of Empire State College or the President of the other state-operated campus, as applicable, ‘Reslanation by You for Good Reason ‘You may terminate your employment as Chancellor at any time (whether prior to or after the Commencement Date) for Good Reason. For purposes of this ‘Agreement, "Good Reason" shall mean, without your express prior approval: (i) assigning you to ar ofice or residence thal ls more than 25 miles from the current fffce of the Chancallor or current Albany County Residence, as applicable; (i) a ‘material diminution of your duties or demotion from the positon of Chancellor, or (ii) a material breach ofthis Employment Agreement. SUNY shall have thiry (30) {days after receiving notice from you! stating your intention to resign your ‘employment as Chancellor for Good Reason, and the grounds therefor, o cure the ‘condition giving rise to Good Reason. In the event SUNY cures the condition(s) ‘giving ise to Good Reason, your notice of intent to terminate for Good Reason. ‘hall be deemed tobe automatically withdrawn and shall not affect a termination of ‘your employment es Chancellor. In the event SUNY does not timely cure such ‘ansition(s), your employment as a tenured professor at Empire State Collage or the other state-operated campus (see Seclion 4 "Faculty Appointment’) shall continue, at your option, in which case you willbe entiled to continue your participation in SUNY's rotrament and other benefit programs (as described below), consistent with then-current SUNY policy and state and federal law, and you shall be entitled to a one (1) year study leave. You will be compensated during Study leave ata rate equel to your Base Salary as Chancellor, in effec forthe most recant pay period prior to such notice, with no requirement that you return to the insttuten folowing your study leave. Should you determine to return, the start of your actual faculty service wil commence after the conclusion ofthe study leave at 2 starting salary equal to the then-highest salary in the Department of Social ‘Science and Public Affairs or in a department of Public Affairs atthe other state- ‘operated campus, and a mutually agreeable work locaton and schedule as agreed bbetwaen you and the President of Empire State College or the President ofthe other stato-operated campus, as applicable, ‘Resignation by You Without Good Reason ‘You shall have the right to resign your employment as Chancellor without Good Reason at any time in your sole discretion by giving not less than ninety (80) days. prior written nati ta the Board. In the event that you resign as Chancellor without ‘Goad Reason, your employment as a tenured professor Empire State College or the other state-operated campus (see Section 4 "Faculty Appointment’) shall ‘continue, at your oation, in which ease you wil be entitled to continue your particisation in SUNY's retirement and other benefit programs (as described below), consistent with then-current SUNY policy and state and federal law, and any right to study leave shall be governed solely pursuant to the terms of the ‘applicable SUNY policy on study leave. The start of your actual faculty service wil ‘commence after the conclusion of any applicable study leave at a starting salary equal tothe then-Fighest salary in the Department of Social Science and Public Afar at Empire State College, or a department of Public Affairs atthe other state- 41page Him Malatras August 31, 2020 ‘operated campus (see Section 4 "Faculty Appointment’), and ata work location and schedule mutually agreeable between you and the President of Empire State Colege or the President ofthe other state-operated campus, as applicable, ‘Tenmination Due ta Death or Disability ‘Your death during Term shall terminate your employment as Chancellor and as tenured professor. n adaition, in the event you suffer a Disabilty (as defined ‘pursuant fo the Group Disabilily Insurance Program described below or such other ‘sabi program as SUNY may maintain from time to time) during the Term, SUNY ‘may terminata your smplayment in accordance with the teems of applicable program, Inthe event that your employment as Chancellor is terminated by reason of your Disability, your empoyment as a tenured professor at Empire State Collage or the other state-operatec campus (see Section 4 "Faculty Appointment), in which case you ‘will be entitled to continue your partcfpation in SUNY's retirement and other benefit programs (as deserved below), consistent with then-current SUNY policy and state fand federal law, ane any ight to study leave shall be governad solely pursuant to the terms ofthe applicadle SUNY policy. The start of your actual faculty servica wll commence after the conclusion of any applicable study leave at a starting salary equal to the then highest salary in the Department of Socal Science and Public Affairs at Empire Stale Colleze, or a department of Public Affairs atthe other state-operated ‘campus, inthe Tace of such dsabilly, any determination regarding your schedule or ‘work locaton or conditions shall be consistent with the Americans with Disabiiies Act, {and any applicable provisions ofthe United University Professions Collective Bargaining Agreement in effect al tha time of such disability Effect of Tamnination Inthe event ofthe termination of your employment as Chancellor for any reason, you shall be ented to (1) al salary earned, but nat yet paid, forthe period through the date of termination, (2) the reimbursement of any reimbursable business expenses. Incurred prior tothe date of termination, (3) payment for any accrued and unused ‘annual leave (subjext o applicable SUNY policy), (4) any and all vested, non- forfetable amounts or benefits owning or accrued atthe date of termination under any ‘compensation of benefit plan, pragram or arrangement in which you participated during the Term, under the terms and condltions ofthe applicable plans, programs and arrangements, and (5) all other obligations that expressly survive the termination of your employment as Chancellor. 8. Benefits ‘Retirement ‘There are three retement program options avaiable: (1) The New York State Employees’ Retirement System (ERS); (2) the New York Slate Teachers’ Relrement System (TRS); or (3) the Optional Retirement Program (ORP). S|Page Lim Malateas August 31, 2020 ERS: A state-adminstered defined benefit retirement fund consisting of employer ‘and employee contr butions. Salaries of $100,000 or more requires 6 percent ‘employee contribution which is tax-deferred for federal taxes. A participant's retirement beneftis computed as a porcontage of his or her final average salary. ‘The percentage received is determined by the numberof yaars of service credit ‘earned. Ten years cf fullime service credit is required to be vestod. TRS: The retirement benefit is calouated similarly under the TRS system as under ERS. Vesting rights under the two systems are also similar and salaries of {$100,000 or more require a 6 percent employee contribution CORP: This isa defined contribution program available to fulltime professional ‘employees of the State University. The ORP is offered through the Teachers Insurance Annuity Association and College Retirement Equities Fund (TIAAICREF), ING, MetLife, and VALIC. Three hundred sixty-six (368) days of ‘continuous employnent are necessary to vest retirement benefits under this program. The State contributes 8 percent of salary annually forthe frst seven. ‘years of employment, and 10 percent annually, Thereafter; upto the maximum pensionable limit. Salaries of $100,000 or more require a6 percent employee Contribution; fora ttal contribution rate of 14-16 percent of salary. Employee contributions are tax deterred for Federal Income lax purposes, and all

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