Section 5-E505. COTERMINOUS APPOINTMENTS

 

505.1The Superintendent of Schools is authorized to designate positions on the administrative staff of the public school system that may be filled by coterminous appointment.

 

505.2Positions that may be designated by the Superintendent of Schools to be filled by coterminous appointment shall meet all of the following requirements:

 

(a)The incumbent shall report directly to the Superintendent of Schools;

 

(b)The performance of the incumbent shall be the direct responsibility of the Superintendent;

 

(c)The position shall not be one for which a specific term of office or manner of selection is set forth in the rules of the Board of Education; and

 

(d)The position shall continue to be designated coterminous throughout the term(s) of office of the incumbent Superintendent making the designation; provided, that positions that are affected by a modification of the organizational structure of the public school administration may be redesignated as coterminous or non-coterminous at the time of such reorganization.

 

505.3A position that meets all of the requirements of § 505.2, but which is occupied at the time of designation of the position as coterminous by a person who had been duly appointed to the position with probationary or permanent status, shall be deemed to remain non-coterminous with regard to the incumbent only for the period during which that incumbent continues to hold the position.

 

505.4A person appointed coterminous shall serve at the pleasure of the Superintendent of Schools.

 

505.5A coterminous appointment shall be terminated automatically whenever the office of Superintendent of Schools becomes vacant.

 

505.6Coterminous appointments shall be made by the Superintendent of Schools and shall not be subject to the approval of the Board of Education.

 

505.7The manner of selection of persons to fill coterminous positions shall be within the discretion of the Superintendent of Schools; provided, that each person appointed to fill a coterminous position shall be qualified for the position to which appointed.

 

505.8Persons serving in positions by coterminous appointment shall be entitled to all employment benefits commensurate with the employment level of the position and length of service, including health insurance, life insurance, leave, and retirement, to the extent provided by law and by the rules of the Board of Education.

 

505.9The employment status of a person already employed by the Board of Education at the time of appointment to a coterminous position shall not be adversely affected by appointment to or service in the coterminous position. Time of service in a position by coterminous appointment shall be included in computation of total length of service in the school system.

 

505.10An employee with permanent status at an employment level in a non- coterminous position who vacates the non-coterminous position in order to accept a coterminous appointment shall retain the right to return to that employment level upon termination of the coterminous appointment. A non-coterminous position vacated by a person appointed to a coterminous position may be filled either by probationary or temporary appointment.

 

505.11Rights accrued by an employee of the Board of Education with regard to any reduction-in-force shall not be adversely affected by appointment to or service in a position by coterminous appointment.

 

505.12A person appointed to the office of Superintendent of Schools, who is at the time of that appointment already employed by the Board of Education, shall have all of the rights and benefits granted to coterminous appointees pursuant to §§ 505.8, 505.9, and 505.11. He or she shall also retain the right to return to the employment level held at the time of appointment upon termination of the appointment to the office of Superintendent of Schools.

 

source

Final Rulemaking published at 24 DCR 5673, 5676 (January 6, 1978).