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A Guide to Contractual Relations

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A Guide to Contractual Relations United Synagogue of Conservative Judaism Committee on Congregational Standards A GUIDE TO CONTRACTUAL RELATIONS Rabbi Associate/Assistant Rabbi Cantor Educational Director Executive Director Solomon Schechter Day School – Head of School Youth Director Prepared by the Committee on Congregational Standards in Association with the Rabbinical Assembly, Cantors Assembly, Jewish Educators Assembly, North American Association of Synagogue Executives, Solomon Schechter Day School Association and United Synagogue of Conservative Judaism. ED RUDOFSKY RABBI STEVEN WERNICK Chairman Executive Vice President and CEO RABBI PAUL DRAZEN Committee Director Rabbi Moshe Edelman was committee director when this was written. October 2009/Kislev 5770 USCJ Guide to Contractual Relations 1 The USCJ Guide to Contractual Relations Introduction Section 1: This Guide to Contractual Relations (The Guide) is published by the Committee on Congregational Standards (Standards Committee) of United Synagogue of Conservative Judaism (USCJ) to assist member congregations in forming, maintaining and terminating contractual relationships with clergy and other professional staff. Earlier versions of The Guide (then known as “A Guide to Congregational Standards”) were published in 1952, 1971, 1976 and 1991. Section 2: In relating to its clergy and professional staff, and in the proper performance of their functions, the synagogue has many relationships, inspired by Jewish tradition and values. At all times these values, including kavod HaRav (honoring the position of rabbi/hazzan), derekh eretz (respect for the professional), kavod ha-briyut (honor due to another human being), and b’tzelem Elohim (created in the spiritual image of the Divine) should be consonant with the basic tenet that the synagogue teaches by example as well as by precept. The contractual relationship between a congregation and its clergy and other members of its professional staff is one that should be marked by observance of the agreement between the parties and of the spirit of tzedek (righteousness), mishpat (justice), and p’sharah (compromise) in which Judaism has resolved human problems throughout the ages. This Guide is intended to reflect current consensus “best practices,” consistent with Conservative Jewish laws and tradition, and the purposes, mission and values of the USCJ, and is promulgated with the intention that such practice will be followed when feasible by USCJ member congregations. However, it cannot be overemphasized that The Guide is not legally binding on any congregation, clergy or staff member unless, and to the extent that, its provisions are expressly incorporated in a written agreement between the congregation and a member of its clergy or other professional staff. Section 3: Any conflicts between The Guide and the USCJ Standards for Congregational Practice (The Standards) are to be resolved in favor of The Standards. Section 4: As used in The Guide, the following words are used interchangeably: “congregation” and “synagogue”; “cantor” and “hazzan”. Unless the contrary is clear from the context, the term “professional staff” includes (but is not limited to) “rabbi,” “associate rabbi,” “assistant rabbi,” “cantor/hazzan,” “clergy,” “executive director,” “synagogue administrator,” “educational director,” “principal,” ”head of school,” “family educator,” “program director,” “early childhood (nursery) director” and “youth director”. Section 5: In preparing this edition of The Guide, the Standards Committee is mindful of the fact that the different roles played by different professionals within the synagogue often require different contractual treatment, as reflected in the varying contractual models which have been USCJ Guide to Contractual Relations 2 developed in prior years. While every effort has been made to address common issues in a consistent manner, those differences which appear to be rooted in role differentiation or the product of long-time institutional consensus have been maintained, subject to periodic review by the constituent arms of the Movement. Nevertheless, in the view of the Standards Committee all contracts should address the understanding of the parties with respect to the contract elements outlined in the Checklist of Potential Contract Elements included in this Guide as Appendix I, and in those instances where the parties agree that a particular element is not to be provided for, that fact should be stated with particularity in order to avoid ambiguity or doubt. USCJ Guide to Contractual Relations 3 Appendix I Checklist of Potential Contract Elements I. Items of Compensation A. Base Salary B. Annual Increases (for multi-year contracts) C. Bonuses D. Relocation Allowance E. Severance II. Term A. Start Date B. End Date C. Definition of Termination for “Cause” D. Renewal Process i. Date by which Congregation gives notice of desire to renew ii. Date by which Professional responds iii. Date by which negotiations are to be completed E. Early Termination by Professional III. Benefits A. Vacation B. Sick Leave C. Personal/Family Leave D. Bereavement/Shiva Leave E. Health Insurance F. Provision for incapacity (long-term and short-term disability insurance) G. Retirement Benefits (401K, Joint Retirement Board Annuity, etc.) IV. Professional Development A. Attendance at Conference (Attendance not charged to vacation: stipend to cover fee) B. Professional Dues C. Continuing Education - - Courses/Books/Software D. Evaluation/Assessments E. Mentoring Committee V. Miscellaneous A. Reporting/Organizational Chart B. Job Description (attached to Contract if possible) USCJ Guide to Contractual Relations 4 C. Office Support D. Computer/Laptop E. Complimentary Membership/Education/Attendance at events for family F. Family eligibility for scholarships. G. Conflict resolution: mediation (recommended) and arbitration (mandatory) through USCJ process. USCJ Guide to Contractual Relations 5 Article 1 – General Provisions Section 1. Engaging Clergy & Professional Personnel: A. In order to maintain proper dignity and standards, the congregation and the professional should follow the procedures of the Joint Placement Commission established for that profession, or other agency affiliated or otherwise allied with USCJ, to fill any vacancy that may occur. B. Neither the congregation nor the professional should place advertisements in the media. C. Negotiations should be conducted in good faith. A written agreement between the congregation and the professional, enforceable under local secular law, is recommended. Since a written agreement is a legal document, the congregation and the professional are urged to seek legal counsel in the negotiation and in the execution of the agreement. D. Whenever feasible, the written contract should be in the form of the model agreement for the professional provided in this Guide. Alternatively, the written contract should address at least all of the items covered by the model agreement. For further information, the congregation should contact the Regional or Central USCJ office to request the appropriate model agreement. E. Notice regarding the renewal (or non-renewal) of contracts should be given in a timely and proper manner. Extension agreements and renewal contracts should likewise be set forth in writing. Section 2. Income Taxes, Social Security and Retirement Plans: A. The congregation and the professional should fully participate in retirement plans that may be available, such as the Joint Retirement Board. B. The congregation should review “Income Tax Reporting For Clergy” (http://www.uscj.org/Tax_Reporting_for_Cl5663.html), as from time-to-time it is updated, and consult its own legal and tax advisors. Section 3. Severance: A. Every congregation should provide for severance payments in accordance with the model agreement pertaining to the clergy or other professional staff member with whom it is contracting. B. All contracts should include an express statement of whether, and under what circumstances, the clergy or other member of the professional staff is or may be entitled to severance upon either (a) termination and/or (b) non-renewal, and if so, in what amount(s) and upon what terms. USCJ Guide to Contractual Relations 6 C. Except in cases of voluntary retirement at the end of a contract term, non-renewal should be deemed termination without cause. D. In those instances where deferred compensation or other benefits or terms are agreed upon in lieu of severance, the contract should so state. However, before entering into deferred compensation arrangements, the parties should review the applicable provisions of the Internal Revenue Code and Regulations and consult with their attorneys and tax advisors. Section 4. Multiple Roles: In those instances in which a professional is engaged to fill multiple roles, such as assistant rabbi and religious school principal, the contract should include all provisions relevant to both roles, with appropriate adjustment for overlapping, such that duplication of responsibility, compensation, vacation and other fringe benefits is avoided. In such circumstances, the parties’ mutual understanding as to the time to be devoted to each role should be expressed in the contract with reasonable definiteness. Section 5. Shared Fundamental Assumptions: All contracts are based on certain shared fundamental assumptions, such as (by way of example and not limitation) size or growth of membership, number of students enrolled in religious school, dues collections, or amounts of fundraising. Whenever the
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