(1) Except as expressly permitted pursuant to subsection (1.5) of this section, if any governmental unit or government-financed entity enters into an employment contract or employment contract extension with a government-supported official or employee, such employment contract or employment contract extension shall contain terms that clearly state that:
Such employment contract is subject to termination by either party to such contract atany time during the term of such contract and that such official or employee shall be deemed to be an employee-at-will;
No compensation, whether as a buy-out of the remaining term of the contract, asliquidated damages, or as any other form of remuneration, shall be owed or paid to such government-supported official or employee upon or after the termination of such contract except for compensation that was earned prior to termination prorated to the date of termination; and
If the contract is not substantially in compliance with the prohibition against paymentof postemployment compensation, the contract is null and void.
(1.5) (a) Notwithstanding the provisions of paragraph (a) of subsection (1) of this section, each system of higher education and each campus of each state institution of higher education may have in effect employment contracts or employment contract extensions having a duration not more than five years with not more than six government-supported officials or employees if:
The governing board of the institution determines that the contract or extension isnecessary for the hiring or retaining of the employee in light of prevailing market conditions and competitive employment practices in other states;
The contract contains a clause that the institution remains free to terminate the contract or extension without penalty if sufficient funds are not appropriated.
Nothing in this subsection (1.5) shall be construed to exempt any governmental unitor government-financed entity from the requirements of section 24-19-103.
Notwithstanding the provisions of paragraph (a) of subsection (1) of this section orparagraph (a) of this subsection (1.5), each system of higher education and each campus of each state institution of higher education may have in effect an unlimited number of employment contracts or employment contract extensions having a duration of not more than five years with an unlimited number of government-supported officials or employees if the employment contracts or employment contract extensions are for research to be performed in university settings. A contract executed pursuant to this paragraph (c) shall include a provision that the contract shall become unenforceable if, during the term of the contract, the system of higher education or campus of a state institution of higher education that is a party to the contract:
Ceases to be an enterprise, as defined in section 20 (2)(d) of article X of the stateconstitution; and
Lacks present cash reserves sufficient to pledge irrevocably to satisfy the terms ofthe contract.
(d) Notwithstanding the provisions of paragraph (a) of subsection (1) of this section or paragraph (a) of this subsection (1.5), each system of higher education and each campus of each state institution of higher education may, subject to the approval of the chief executive officer of the system or institution and any rules or limitations established by the chief executive officer, have in effect an unlimited number of term employment contracts or term employment contract extensions having a duration of not more than three years with an unlimited number of government-supported officials or employees if the term employment contracts or term employment contract extensions are for half-time or longer, non-tenure-track classroom teaching appointments or librarian appointments. A person employed in a classroom teaching appointment pursuant to a term employment contract or term employment contract extension described in this paragraph (d) may have duties in addition to classroom teaching, as described in the contract or contract extension. A term employment contract or term employment contract extension executed pursuant to this paragraph (d) at a minimum shall include a provision stating the contract or contract extension is unenforceable if, during the term of the contract or contract extension, the system of higher education or campus of a state institution of higher education that is a party to the contract:
Ceases to be an enterprise, as defined in section 20 (2)(d) of article X of the stateconstitution; and
Lacks present cash reserves sufficient to pledge irrevocably to satisfy the terms ofthe contract.
If any governmental unit or government-financed entity enters into an employmentcontract or employment contract extension with any government-supported official or employee on or after July 1, 1993, such governmental unit or government-financed entity shall make the terms of such contract available to the public for inspection and copying during regular business hours.
The provisions of this section shall not be interpreted to authorize the termination ofany government-supported official or employee for any reason that is contrary to applicable federal, state, or local law.
(a) No governmental unit or government-financed entity shall enter into an employment contract with a government-supported official or employee or extend an existing employment contract with a government-supported official or employee if such employment contract or contract extension contains any provisions that are intended to evade the requirements of this article. Contractual provisions that are prohibited under the provisions of subsection (1) of this section include, but are not limited to, any provision that allows a government-supported official or employee to earn an unreasonably large portion of contractual compensation during the early stages of the term of employment of such government-supported official or employee.
(b) The provisions of paragraph (a) of this subsection (4) shall not be interpreted to prohibit the reimbursement of any actual relocation expenses of government-supported officials or employees or the payment of reasonable incentives for accepting employment to governmentsupported officials or employees.
Source: L. 93: Entire article added, p. 665, § 1, effective July 1. L. 96: (1)(a) and (1)(b) amended and (1)(c) added, pp. 850, 849, §§ 3, 1, effective May 23. L. 98: IP(1) amended and (1.5) added, p. 312, § 1, effective April 17. L. 2007: (1.5)(c) added, p. 65, § 1, effective March 15; (1.5)(c) amended, p. 1476, § 1, effective May 30. L. 2012: (1.5)(d) added, (HB 12-1144), ch. 99, p. 330, § 1, effective August 8. L. 2014: IP(1.5)(d) amended, (HB 14-1256), ch. 91, p. 340, § 1, effective March 27.