ORS 334.225 Superintendent; duties; compensation; termination

The education service district board shall employ a superintendent who must hold an administrative license as a superintendent. The superintendent shall serve as the board’s executive officer, give an official bond or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, and have the

duties prescribed by the board and the laws of this state.

The board shall fix the term and compensation of the superintendent, provide office room for the superintendent and allow all of the superintendent’s necessary traveling expenses. A contract for employment of the superintendent may provide for the termination of employment of the superintendent prior to the expiration of the contract. If the superintendent and the education service district board mutually agree to include a termination-without-cause provision in the contract, the education service district board may terminate the superintendent’s employment, without cause, at any time during the contract period only if the education service district board provides the superintendent with at least 12 months’ notice of the termination. Nothing in this subsection authorizes the education service district board to make a wrongful termination or a termination for any reason described in subsection

of this section.

The education service district board shall designate the superintendent as the district clerk. The board may appoint qualified persons as deputies to the superintendent to perform the duties required of the district clerk by law or by the board.

An education service district board may not:

Direct a superintendent to take any action that conflicts with a local, state or federal law that applies to education service districts;

Take an adverse employment action against a superintendent for complying with a local, state or federal law that applies to education service districts; or

Employ a superintendent pursuant to a contract that purports to waive, or conflicts with, any provision or requirement of subparagraph (A) or (B) of this paragraph.

As used in this subsection:

“Local, state or federal law” means a local, state or federal directive having the force of law, including an ordinance, a city or county resolution, a statute, a court decision, an administrative rule or regulation, an order issued in compliance with ORS chapter 183, an executive order or any other directive, declaration or statement that is issued in compliance with the law as having the force of law and that is issued by a local government as defined in ORS 174.116, the state government as defined in ORS 174.111 or the federal government.

“Superintendent” includes an interim superintendent.