Tue
Jan 12 2016
10:50 am

He wants a lump sum payment of $227,256 by Feb. 15th, vacation pay totaling $39,212.80, and 18 months of health insurance coverage.

The payments are to be all cash, small bills. He also wants a Huebler custom pool cue, a case of 25 year old Macallan, a gold Rolex and a Cadillac. And a pony.

Tamara Shepherd's picture

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A pony, not a unicorn?

Here's how his contract reads:

If the BOE terminates his contract *without cause* he is entitled to his full salary through the end date of his contract (which means for a maximum of up to four years) and all other benefits for a maximum of one year.

If the BOE terminates his contract *with cause* he is entitled to nothing beyond the date of his termination. (In fact, language in the contract doesn't indicate he is entitled even to any accrued but unpaid salary and benefits, which is quite odd).

If he resigns of his own volition he is entitled only to the salary and benefits accrued but unpaid as of the date of termination.

Min's picture

Don't pay him a dime.

He's voluntarily resigning. He doesn't warrant a severance package for voluntarily resigning.

Tamara Shepherd's picture

Question

Donila reports:

He will receive that pay out - $227,256, minus normal employment required deductions – in a lump sum by Feb. 15, 2016.

Does this mean Mac's request is to receive the approval of the payout by Feb. 15 or to receive the actual payout by Feb. 15?

If the latter, why would KCS extend the actual payout months in advance of Mac's stated last day of work???

mdonila's picture

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Yes, his request is to receive it by that date, according to the contract.

GSD's picture

I'm confused as to why anyone

I'm confused as to why anyone would think it would be acceptable to pay the man his entire severance (and more) IN FULL in February when he is supposed to work into JULY.

I DO NOT like the idea that McIntyre can CHOOSE to quit (he even said to the media it was HIS idea), stating his belief that his position was "untenable" in light of the makeup of the incoming BOE, and still expect to be paid such a pretty penny JUST to go away.

Then again, I like the thought of having taxpayers buy him out for a million bucks even less - and the thought of having him around for another four years even less STILL.

While I realize that a year's salary is cheaper than a full buyout and also cheaper than the costs of any litigation which would be required to get him gone, I believe that he is asking for WAAAAY more than he deserves.

He deserves only what his contract states: If he resigns of his own volition he is entitled only to the salary and benefits accrued but unpaid as of the date of termination.

Elwood Aspermonte's picture

Figure he's expecting a position at UT to open up this Spring

But Knox County would be well served by cleaning out the McIntyre administration and providing the community a fresh start, rather than have a number of new persons in new roles, a number of existing employees in new roles, and a number of former McIntyre loyalists reminding the new persons/new roles how it used to be.

Got to turn the page, the only thing ripping the Knox County Public School system is politics.

GSD's picture

"But Knox County would be

"But Knox County would be well served by cleaning out the McIntyre administration and providing the community a fresh start"

I couldn't agree MORE, Elwood. Cleaning out all those spiderwebs would be quite an undertaking, however. So many parts of McIntyre's agenda have been "assimilated", Borg-like, into the operations of KCS - from the AJ building all the way down to individual schools.

McIntyre has loaded the AJ building with outsiders brought in to specifically implement the Broad / Corporate Reform agenda, trained either by the Broad Foundation directly or affiliated with a related corporate reform group and granted newly-created, fancifully-titled positions carrying six-figure salaries.

The schools are run by a corps of Principals who have, after years of negative pressure from McIntyre (at who's pleasure they serve, they are reminded) have been cowed into subservience with implicit threats of being suddenly terminated, transferred, demoted, or replaced by McIntyre's hand-picked "Leadership Academy Fellows" (Political Kommisars) churned out year after year by his pet project, Broad-backed Leadership Academy.

Over 50 percent of Knox County's classrooms are now staffed with teachers with UNDER 5 years of experience, teachers without due-process protections, 50% of whom - according to research - will leave the profession within the next few years. Much has already been said about the mass exodus / early retirements of experienced teachers under McIntyre's administration, leaving these teachers mentorless aside from their "instructional coaches", (also Political Kommisars) who indoctrinate them into the data-worshipping, test-score-obsessed, demonstrate-alignment-with-the-"vision" -or-you'll-be-non-renewed" fear-based mindset. Relationships between teachers and principals are no longer based on trust, and for all McIntyre's crowing about "collaboration", most teachers hold their cards very close to their chests as far as planning and practices due to the arbitrary and punitive "gotcha" TEAM evaluations.

Many of our students have been so beaten down and discouraged by the test-and-punish, rank-and-rate, sort-and-separate culture of KCS that they have lost the true joy of learning - their formative educational experiences having been distilled into filling in bubbles or practicing HOW to fill in bubbles. Also -student behavior is OUT OF CONTROL in many of our schools, a predictable consequence of our children NOT being treated in a developmentally appropriate manner.

In short, our school system has been damaged and corrupted from top-to-bottom. Where can the cleanup even BEGIN? How can TRUST be rebuilt? Transparency restored? Faith in the system renewed?

After all, not ONE KCS principal stood up against Mc's policies, actions, initiatives, or agenda. YES, I know it was fear. It would have ended their careers, but had THEY stood up, the damage would have stopped IN A WEEK. Instead, TEACHERS and PARENTS did the heavy lifting - accepting the risk AND consequences (Christina Graham) of speaking out for students. The principals HAD to see the negative effects of Mc's agenda - THEY were the ones tasked with it's implementation, but they either stayed silent or left the district quietly after the few that dared question the "Vision" were handily sent to the Gulag. Continuing the Soviet-era metaphor, at the first Principal's meeting after McIntyre's recent contract renewal / extension, they gave McIntyre a STANDING OVATION on his extension - a bizarre spectacle right out of the Stalin School of Political Suck-Uppery. Can these "followers" now be trusted to become "leaders"? To TRULY put the needs of STUDENTS over their own security?

Mayor Burchett said the school system needed a "healer", and indeed it does. But where can a "healer" begin his or her work when the damage is this extensive and systemic?

Do our teachers, administrators, parents, and larger community need a "Truth and Reconciliation" Commission to begin the process of restoration?

Roscoe Persimmon's picture

High School principles have set the bar way too low

McIntyre's high school principles have set the bar way too low for student conduct and student behavior at school, principles on the west side of town are way too lenient on kids who don't want to be in school and do nothing but disrupt the educational environment, due process hearings and expulsion proceedings are constantly going on in Blount County, Maryville, Oak Ridge, Clinton, and in Sevier County, they don't tolerate student disruptors, they get them out of their systems under the existing disciplinary processes.

Kids in Blount County get thrown out of the school system for stealing from other students, kids in Knox County who steal are victims of their backgrounds and family situations that the school administration doesn't understand or appreciate, such that the kid whose iPhone got lifted or whose sneaks, laptop, wallet, or jewelry were stolen end up being the bad guy since they are sensitive or don't have an appreciation for the diversity in their school.

McIntyre chose to focus on the marginal and the mediocre students, ignoring the best and the brightest, rewarding disadvantage situations over student accomplishment day in and day out.

Not sure UT has a Montesori curriculum where everybody gets a trophy that shows up for class each day, but in my opinion nobody would be better suited for such a mockery of education that Jim McIntyre.

reform4's picture

Suggestion for BOE

No payout in Feb. that's stupid.

Payout monthly or include clause so if he takes job wishing 1 year of departure, KCS can "claw back" any difference between his severance and new salary.

That's pretty much standard for ANY severance this generous.

Average Guy's picture

No matter his training,

no matter his mindset - he is a government sub-contract employee.

So sorry, just because he thinks he's CEO of a corporation doesn't mean he is, or that Knox citizens are somehow a grateful board or shareholders willing to kick back some excess revenue for performance.

Citizens vote for a group of representatives who vote on a contract.

Abide by the contract.

Tamara Shepherd's picture

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I've wondered if the BOE could be sued if it *DID NOT* abide by the contract? Sued by taxpayers, I mean?

Average Guy's picture

Get it on the record

The BOE should have to vote on contract changes if they intend not to follow it.

To simply give an up or down to McIntyre's wish list is absurd.

The second he said he was quiting, he lost any leverage. What's the worst he can do to Knox citizens? Black ball us from ever getting another Broad Fellow?

I hope we don't have a few well meaning folks taking an opportunity because they saw it as an opportunity. Because what was, was inevitable - no need for special measures.

Tamara Shepherd's picture

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Yes, I understand that the BOE will have to vote on this proposed contract to cause it to replace the existing contract.

What I mean is that if they approve it to grant severance pay to someone who has voluntarily quit, this would become a *third* manner in which Mac has received a contractual condition without precedent among Tennessee's large urban school systems.

He would become the ONLY super to have been granted severance pay for quitting, the ONLY super to have had his pay out for termination without cause capped just by the number of months remaining on his contract (resulting in a cap of up to four years' pay), and the ONLY super to have had his contract renewed annually over six of the last seven years (resulting in this perennial guarantee of four years' income).

Collectively, those three distinctions in his contract(s) make for some unprecedented generosity relative to how peer BOEs manage their supers' contracts.

Given that we're talking here about taxpayer monies, does "giving away the store" make for any "cause of action," as the legal beagles call it???

Average Guy's picture

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Interested citizen 's picture

Mc needs to be immediately

Mc needs to be immediately dismissed from KCS with all ties cut with Knox County Schools. He has done more damage to divide this school system than in other previous superintendent. Teachers and principals have never been separated as they are now with a huge wall between them and complete lack of trust for each other. Student's poor behavior is ignored and overlooked by administration making it almost impossible for teachers to teach the demanding and NOT grade appropriate standards. Everyone is frustrated in KCS and it is time for new leadership who can communicate with all people, refrains from dictorial leadership, has the gift to listen to those who have teaching experience, and respects and values experienced teachers! Good riddance, Dr. McIntyre!

Pez Whatley's picture

Sick Days !!??!!

Does J-Mac "also" get paid for his unused "sick days" ??? If so, how much will he receive for the time he has missed during his destructive tenure at KCS ??

Tamara Shepherd's picture

Sick leave questions...

I have found this discussion of "sick leave" to be confusing, since none of McIntyre's seven total contracts has ever indicated he gets "sick leave," per se?

His most recent contract from November 2015 (which was never signed, I should clarify, although I had mistakenly thought at one point that it had been) attempted the change indicated in italics below:

10. VACATION AND ANNUAL LEAVE

The Superintendent shall be entitled to twenty-four (24) annual leave days each year.The Superintendent shall be eligible to receive the maximum leave benefits provided to employees as set forth in Knox County Schools Human Resources policies. The Superintendent may carry over unused vacation days annually, as provided for other administrative personnel.

Upon termination of his employment, the Superintendent may elect to be compensated for all annual leave, as is allowed other administrative personnel under policy.

However, because that November 2015 contract was never signed and its change noted above was never therefore adopted, my *assumption* is that McIntyre's prior contract adopted January 2014 and running January 1, 2014 through December 31, 2017 guides?

If so, this same section of the contract then read:

10. VACATION AND ANNUAL LEAVE

The Superintendent shall be entitled to twenty-four (24) annual leave days each year. The Superintendent shall be eligible to receive the maximum leave benefits provided to employees as set forth in Knox County Schools Human Resources policies. The Superintendent may carry over up to twenty-four (24) unused vacation days annually, with a maximum of forty-eight (48) days to be accumulated.

Annually on June 30, at the Superintendent's option, the Board shall compensate the Superintendent in cash in exchange for up to 10 annual leave days to be computed at 1/227 of the Superintendent's aggregate annual salary for each annual leave day. In addition, upon termination of his employment, the Superintendent may elect to be compensated for all unused annual leave.

Note that this is the complete text for Item 10 in both contracts and that, again, no other section of any contract references "sick leave," per se.

I also searched the Knox County Schools website for any sick leave policy that might clarify this. Under the Board of Education tab, where policies may be read, I skimmed the list of policies categorized under the Human Resources tab and found just one, policy GBRHB entitled "Sick Leave" and last revised April 2015, but it appears to apply only to teachers?

Finally, noting on the above Sick Leave policy a footnote referencing TCA 49-5-710, I also looked that up at Lexis Nexis, but that reference, too, appears to apply only to teachers?

So I do not understand by what contractual or policy device the Superintendent is entitled to "sick leave" under any circumstances, irrespective of how that benefit might be paid out in various termination scenarios?

I don't mean to suggest that he is not entitled to the benefit, just that I don't understand where this guidance lies?

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