Job Description

Lambda Theta Phi

Fraternity Executive Director Position

Reports to: National Executive Board of Lambda Theta Phi

Summary

Lambda Theta Phi, Latin Fraternity Inc seeks its first full-time Executive Director to serve the need of the National Executive Board. Lambda Theta Phi seeks a highly motivated individual with some relative experience in fraternal management and seeks a challenge. As the first Executive Director, this individual will set the trend and groundwork for this organization’s position.

DEADLINE: March 31, 2008

SUBMIT: Resume, Letter of Interest and 2 Letters of Recommendations

SEND TO: Byron Bustos

Lambda Theta Phi, Personnel Search

285 Aycrigg Ave, Suite 21B

Passaic, NJ 07055

INFO: Byron Bustos, National President, byron.bustos@lambda1975.org or 973-722-9008

General

The Executive Director serves the National Fraternity of Lambda Theta Phi “Lambdas” in accordance with the wishes of the National Executive Board (NEB). The Executive Director has the responsibility of developing and implementing the means to accomplish the goals set by the National Executive Board, within the resources available and the limitations placed on him. The Executive Director also recommends and participates in the formulation of new policies and makes decisions within the existing policies as approved by the National Board (NB).

Reporting Relationship

The Executive Director reports to the NEB. The NEB may authorize the President or other NEB member to represent their views and communicate them to the Executive Director on a specific matter. No NEB member should direct the actions of the Executive Director without the complete consent of the entire NEB.

Essential Functions

Consistent with the policies set by the National Board and with our constitution and by laws, the Executive Director is responsible for and has commensurate authority to achieve the goals set for the organization by the National Board. The Executive Director is responsible for all activities and actions of the national organization, specifically the capital campaign, fundraising, philanthropy, marketing the national organization, responsible for the oversight of risk management, and the assessment and evaluation of our organization. Some other specific areas of responsibility are:

1. Administrative

a. Develops and implements specific policies, procedures, and programs to achieve the general goals of the organization as set by the National Board

b. Reports to the National Executive Board, according to an established schedule, progress on the goals and monitoring on limitations placed on him

c. Provides incidental information to the National Executive Board on activities within the organization that may, or may not, support an existing policy

d. Keeps the National Executive Board aware of changes within the inter-fraternal community, as may be relevant to their roles

e. Maintains all official records of the organization including membership data and minutes

f. Represents the organization, in conjunction with the National President, in all matters including those of a legal nature

2. Financial

a. Maintains the financial management issues of the fraternity including planning, purchasing, receipts, billings, disbursements, reports and analysis with the direct consent of the National Director of Finance

b. Develops and operates within an annual budget consistent with the limitations placed on him by the National Board

c. Insures that all funds, physical assets and other property of the fraternity are appropriately administered, maintained and safeguarded

d. Compliance with all grant policies as provided by the Lambda Theta Phi Educational Foundation and reporting requirements

3. Communications

a. Represent the organization with all appropriate external organizations with consent of the National Executive Board

b. Provide the necessary communication mechanisms to our undergraduates, volunteers, and board members

c. Disseminate press releases as appropriate with coordination from the National Director of Communication

d. Maintain an updated roster of active members

4. Programming

a. Execute all leadership programming, including National Conferences, Conventions, Banquet, and National Leadership Training as warranted

b. Assure educational and leadership development focus of all programs funded by grants from the Lambda Theta Phi Educational Foundation

c. Assure proper success of programming

d. Assist on all Expansion Efforts on behalf of the Fraternity along with the National Director of Expansion

Desired Qualifications

· 3 Years of Relevant Work Experience (i.e. Higher Education, Greek Life, Administrative Positions)

· Familiarity with the Organization and Operations

· Strong Verbal and Written Communication Skills

· Ability and Willingness to Make Professional Presentations to our Customers, Affiliates, Administration and Stake Owners as Necessary

· Ability to Travel Extensively, if needed

· Minimum Education: 4 Year College BA Degree; preferably a Masters degree

· Computer proficiency (Word, Excel, Powerpoint, Electronic mail)

· Familiarity of conflict management/crisis management

Agreement with [NAME], Executive Director

and

Lambda Theta Phi, Latin Fraternity, Inc.

EMPLOYMENT AGREEMENT

This EMPLOYMENT AGREEMENT is entered into by and between The National Fraternity of Lambda Theta Phi, a corporation (the “Fraternity”), and [NAME], the undersigned individual (“Executive Director”).

RECITAL

The National Fraternity of Lambda Theta Phi and the Executive Director desires to enter into an Employment Agreement setting forth the terms and conditions of the Executive Director’s employment with the Fraternity.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the Fraternity and Executive Director agree as follows:

1. Employment

(a) Term: The Fraternity hereby employs [NAME] to serve as Executive Director and to serve in such additional or different position or positions as the Fraternity may determine in its sole discretion. The Employment period shall be September 1 through August 31 of each year, unless earlier terminated as set forth herein.

(b) Duties and Responsibilities: Executive Director will be reporting to the National Executive Board of Lambda Theta Phi. Within the limitations established by the Bylaws of the Fraternity, the Executive Director shall have each and all of the duties and responsibilities of that position and such other or different duties on behalf of the Fraternity, as may be assigned from time to time by the National Executive Board of Lambda Theta Phi.

(c) Location: The initial principal location at which Executive Director shall perform services for the Fraternity shall be 301 Rt. 17 North, Suite 800, Rutherford, New Jersey. The National Executive Board may elect to approve a remote location (work from home) for Executive Director. This location may change at the discretion of the National Executive Board.

2. Compensation:

(a) Annual Budget: Executive Director annual budget of $60,000 to do the following:

i. Pay Executive Director Base Salary ($45,000 yearly)

ii. Pay Rent of National Headquarters (maximum $10,000 yearly)

iii. Executive Director Insurance Policy

iv. Office Supplies

v. Other Possible Expenditures:

i. Undergraduate Intern(s)

ii. Hire Professional Services

iii. Continual Training (max. $2,000 yearly)

NOTE 1: The National Executive Board of Lambda Theta Phi shall review on or before June 1 of each year the minimum annual Base Salary.* The Board will determine if such minimum Base Salary is warranted for the following year in recognition the services rendered to the Fraternity, unless Executive Director’s employment hereunder has been terminated earlier pursuant to this Agreement. *An automatic base salary cost of living adjustment of 1.5% required each year.

NOTE 2: This budgetary practice provides the Executive Director some flexibility to maximize the potential of his position at some discretion.

NOTE 3: Payment of all compensation to Executive Director hereunder shall be made in accordance with the relevant Fraternity policies in effect from time to time, including normal payroll practices, and shall be subject to all applicable employment and withholding taxes. Payment shall be made on the first day of the month, starting September 1, 20XX.

Note 4: National Headquarters budget can be applied to an individual’s home (max. $2000 yearly) to avoid physical space rent cost.

Note 5: The health insurance cost can be avoided if individual falls into spouse’s plan.

3. Other Employment Benefits:

(a) Business Expenses: Upon submission of itemized expense statements in the manner specified by the Fraternity, the Executive Director shall be entitled to reimbursement for reasonable travel and other reasonable business expenses duly incurred by Executive Director in the performance of his duties under this Agreement if is beyond the budget and approved by the National Executive Board. The Executive Director is to provide all monthly-itemized expenditures to the National Director of Finance.

(b) Vacation: Executive Director shall be entitled to three (3) weeks of vacation each year, exclusive of legal federal holidays, as long as the scheduling of Executive Director’s vacation does not interfere with the Fraternity’s normal business operations (i.e. Christmas, summer). Vacation time is not accrued.

(c) Sick Days: Executive Director shall be entitled to 48 hours sick time each year, accrued by 4 hours per month. Annual accrued sick time is not compensated.

(d) Insurance: The ED be covered under the liability plan and/or the fraternity will offer some kind of supplemental insurance coverage for the Executive Director. The Executive Director Annual Budget will absorb this cost.

4. Executive Director’s Business Activities: Executive Director shall devote the substantial portion of his entire business time, attention and energy exclusively to the business and affairs of the National Fraternity and its affiliates, as its business and affairs now exist and as they hereafter may be changed. The Executive Director may serve as a member of the Board of Directors of other organizations that do not compete with the Fraternity, and may participate in other professional, civic, governmental organizations and activities that do not materially affect his ability to carry out his duties hereunder. The Executive Director will disclose his service and/or appointment to external boards to the National Board of the Fraternity. The Fraternity, at the written request of the Executive Director, will hold this information in confidence.

(a) Conflict of Interest Statement: Executive Director must list and sign all potential conflicts of interests provided to the National Executive Board annually.

5. Termination of Employment:

(a) For Cause: Notwithstanding anything herein to the contrary, the Fraternity may terminate Executive Director’s employment hereunder for cause for any one of the following reasons: (1) conviction of a felony, any act involving moral turpitude, or a misdemeanor where imprisonment is imposed, (2) commission of any act of theft, fraud, dishonesty, or falsification of any employment or Fraternity records, (3) improper disclosure of the Fraternity’s confidential or proprietary information, (4) any action by the Executive Director which has a detrimental effect on the Fraternity’s reputation or business, (5) Executive Director’s failure or inability to perform any reasonable assigned duties after written notice from the Fraternity of, and a reasonable opportunity to cure, such failure or inability, (6) any breach of this Agreement, which breach is not cured within ten (10) days following written notice of such breach, (7) a course of conduct amounting to gross incompetence, (8) chronic and unexcused absenteeism, (9) unlawful appropriation of a corporate opportunity, or (10) misconduct in connection with the performance of any of Executive Director’s duties, including, without limitation, misappropriation of funds or property of the Fraternity, securing or attempting to secure personally any profit in connection with any transaction entered into on behalf of the Fraternity, misrepresentation to the Fraternity, or any violation of law or regulations on Fraternity premises or to which the Fraternity is subject. Upon termination of Executive Director’s employment with the Fraternity for cause, the Fraternity shall be under no further obligation to Executive Director, except to pay all accrued but unpaid base salary and accrued vacation to the date of termination thereof.

(b) Mid-Year Review: The Fraternity is to conduct a mid-year review on or around February 1^st annually. The Fraternity may terminate Executive Director’s employment hereunder if it is determined at the mid-year review that financial funds are no longer available to support the position. The Executive Director shall be given two (2) weeks notice in the event of termination.

(c) Resignation: Upon termination of employment, Executive Director shall be deemed to have resigned from the National Board of Lambda Theta Phi.

(d) Cooperation: After notice of termination, Executive Director shall cooperate with the Fraternity, as reasonably requested by the Fraternity, to effect a transition of Executive Director’s responsibilities and to ensure that the Fraternity is aware of all matters being handled by Executive Director.

6. Disability of Executive Director: The Fraternity may terminate this Agreement without liability if Executive Director shall be permanently prevented from properly performing his essential duties hereunder with reasonable accommodation by reason of illness or other physical or mental incapacity for a period of more than [120] consecutive days. Upon such termination, Executive Director shall be entitled to all accrued but unpaid Base Salary and vacation.

7. Death of Executive Director: In the event of the death of Executive Director during the Employment Period, the Fraternity’s obligations hereunder shall automatically cease and terminate; provided, however, that within 15 days the Fraternity shall pay to Executive Director’s heirs or personal representatives Executive Director’s Base Salary and accrued vacation accrued to the date of death.

Miscellaneous:

(a) Attorneys’ Fees: Should either party hereto, or any heir, personal representative, successor or assign of either party hereto, resort to legal proceedings in connection with this Agreement or Executive Director’s employment with the Fraternity, the party or parties prevailing in such legal proceedings shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorneys’ fees and costs in such legal proceedings from the non‑prevailing party or parties; provided, however, that nothing herein is intended to affect the provisions of Section 12(l).

(b) Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to conflict of law principles.

(c) Amendment: This Agreement may be amended as agreed upon in writing by the Executive Director and an authorized representative of the Fraternity upon approved by the National Executive Board.

(d) Severability: If any term, provision, covenant or condition of this Agreement, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect.

(e) Construction: The headings and captions of this Agreement are provided for convenience only and are intended to have no effect in construing or interpreting this Agreement. The language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against the Fraternity or Executive Director.

(c) Rights Cumulative: The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies.

(d) Nonwaiver: No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Fraternity, by an officer of the Fraternity (other than Executive Director) or other person duly authorized by the Fraternity.

(e) Remedy for Breach; Attorneys’ Fees: The parties hereto agree that, in the event of breach or threatened breach of any covenants of Executive Director, the damage or imminent damage to the value and the goodwill of the Fraternity’s business shall be inestimable, and that therefore any remedy at law or in damages shall be inadequate. Accordingly, the parties hereto agree that the Fraternity shall be entitled to injunctive relief against Executive Director in the event of any breach or threatened breach of any of such provisions by Executive Director, in addition to any other relief (including damages) available to the Fraternity under this Agreement or under law. The prevailing party in any action instituted pursuant to this Agreement shall be entitled to recover from the other party its reasonable attorneys’ fees and other expenses incurred in such action.

(f) Notices: Any notice, request, consent or approval required or permitted to be given under this Agreement or pursuant to law shall be sufficient if in writing, and if and when sent by certified or registered mail, with postage prepaid, to Executive Director’s residence (as noted in the Fraternity’s records), or to the Fraternity’s principal office, as the case may be.

(g) Assistance in Litigation: Executive Director shall, during and after termination of employment, upon reasonable notice, furnish such information and proper assistance to the Fraternity as may reasonably be required by the Fraternity in connection with any litigation in which it or any of its subsidiaries or affiliates is, or may become a party; provided, however, that such assistance following termination shall be furnished at mutually agreeable times and for mutually agreeable compensation.

(h) Arbitration. Any controversy, claim or dispute arising out of or relating to this Agreement or the employment relationship, either during the existence of the employment relationship or afterwards, between the parties hereto, their assignees, their affiliates, their attorneys, or agents, shall be settled by arbitration in Passaic, New Jersey or designated agreed location. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of the American Arbitration Association (but the arbitration shall be in front of an arbitrator appointed by JAMS/Endispute (“JAMS”)), with the following exceptions if in conflict: (a) one arbitrator shall be chosen by JAMS; (b) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator(s), together with other expenses of the arbitration incurred or approved by the arbitrator(s); and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the JAMS’ rules and regulations) of the proceedings has been given to such party. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided however, that nothing in this subsection shall be construed as precluding the Fraternity from bringing an action for injunctive relief or other equitable relief or relief under the Confidential Information and Invention Assignment Agreement. The arbitrator shall not have the right to award punitive damages, consequential damages, lost profits or speculative damages to either party. The parties shall keep confidential the existence of the claim, controversy or disputes from third parties (other than the arbitrator), and the determination thereof, unless otherwise required by law or necessary for the business of the Fraternity. The arbitrator(s) shall be required to follow applicable law.

FINAL AGREEMENT

IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date set forth below and understand that this document is a legally binding employment contract.