Mohonasen Administrators Association Agreement

Agreement between the Board of Education of Rotterdam-Mohonasen Central School District and the Mohonasen Administrators Association

July 1, 2018 to June 30, 2021

Agreement

This Agreement dated the 2nd Day of July 2018, by and between the Board of Education of Rotterdam-Mohonasen Central School District, hereinafter referred to as the Board, and the Mohonasen Administrators Association, hereinafter referred to as the Association, was executed pursuant to Chapter 392 of the Laws of 1967, as amended, entitled The Public Employees Fair Employment Act and commonly known as the Taylor Law.

Article 1: Recognition

The Board hereby recognizes the Association as the exclusive bargaining agent for a unit consisting of Principals, supervisors and all members of the supervising staff within the meaning of Section 3012(b) of the Education Law, excepting and excluding the Superintendent, Assistant Superintendent for Business, Assistant Superintendent of Curriculum, Instruction and Instructional Personnel and the Director of Pupil Personnel Services.

Article 2: Negotiations

1. Negotiations Over Successor Agreement
   1. Not later than the 15th of January of the calendar year of the expiration of this Agreement, the parties to this Agreement agree to meet for the purpose of negotiating successor Agreement.
2. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects of collective negotiation and that all such subjects have been discussed and negotiated upon and the agreements contained in this contact were arrived at after the free exercise of such rights and opportunities. Therefore, the District and the Association for the life of this agreement each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to negotiate collectively with respect to any subject or matter not specifically referred to or covered in this agreement; even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this agreement.
3. Except as limited by the specific and express terms of this agreement, the District hereby returns and reserves unto itself all rights, powers, authority, duties and responsibilities conferred upon or vested in it by law including, but not limited to, the right to determine the purpose, mission, object and policies of the District; to determine the facilities, methods, means, equipment, procedures and personnel required to conduct the District programs; to administer the personnel system of the District, to establish standards and criteria for performance; and to take whatever actions may be necessary or appropriate to carry out the mission of the District. The parties agree that all customary and usual rights, powers, functions and authority possessed by management are vested in the District and the District shall continue to exclusively exercise such powers, duties and responsibilities during the period of this agreement.

Article 3: Grievance Procedure

If, during the effective period of this agreement, a situation develops wherein the Association believes the Board has not implemented equitably the terms of this agreement, the Association will proceed as follows:

1. Within fifteen (15) days after the actions alleged to constitute an inequitable application of a term of the agreement, the Association shall file a written report with the Superintendent asking for a meeting to clarify the situation and to attempt in good faith to resolve the grievance.
2. If the grievance is not resolved, the Superintendent will arrange a meeting within thirty (30) days of the date of the written report with representatives of the Board and the Association.
3. If the representatives of the Association and the Board of Education are not able to resolve the grievance, either party may proceed to the next step in the grievance procedure by requesting PERB to furnish the parties the names of five (5) members from PERB’s Arbitration Panel to serve as Arbitrator.
4. Within five (5) days (exclusive of Saturday, Sunday and holidays) receiving a list of such names, the Association and the Board will independently eliminate two (2) names from the list and indicate their preference for the remainder, numbering them 1, 2 and 3. Each party will sign such list and return it to the Director of Conciliation of PERB who will designate an Arbitrator.
5. The Arbitrator so selected will hear the matter promptly and will issue his/her decision not later than fourteen (14) calendar days from the date of the close of hearings, or if oral hearings have been waived, then from the date the final statements and proofs are submitted. The Arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions on the issues submitted. The Arbitrator shall have no power or authority to make any decisions that requires the admission of an act prohibited by law or which is violation of the terms of this agreement.

The costs for the services of the Arbitrator, including expenses, if any, will be borne equally by the Board and the Association.

The decision of the Arbitrator shall be advisory only and shall not be binding upon either the Board or the Association in any respect, including but not limited to, the recommended remedy.

Article 4: Salaries

1. Administrative SalariesAll administrative personnel in the bargaining unit employed by the district prior to July 1, 2018, who return to serve the District will receive a three percent (3.0%) increase on base salary for school year 2018-19 effective July 1, 2018.All administrative personnel in the bargaining unit employed by the district prior to July 1, 2019, who return to serve the District will receive a three (3.0%) increase on base salary for school year 2019-20, effective July 1, 2019.All administrative personnel in the bargaining unit employed by the district prior to July 1, 2020, who return to serve the District will receive a three (3.0%) increase on base salary for school year 2020-21 effective July 1, 2020.
2. Longevity:An administrator in the district will receive, on the anniversary date of his/her date of employment following the completion of the applicable number of years of continuous service as an administrator and annually thereafter, the amount as provided for that term (non-cumulatively) set forth below:Upon receiving tenure: $2,000
   After ten years of continuous service: $3,600
   After fifteen years of continuous service: $4,600
   After twenty years of continuous service: $5,600See Appendix “A” for a full list of payments for each year of service.
3. Equity Adjustment:The Superintendent of Schools may recommend further equity salary adjustments for identified positions in the unit on a selective basis.As part of this contract the equity adjustment option will be exercised with Deborah Kavanaugh.  Ms. Kavanaugh will receive an additional $3,000.00, added to her base salary, for 2018-19 based on her additional responsibilities.

Article 5: Fringe Benefits

1. Health Insurance
   1. Employees have the option of participating in the Capital District Physicians Health Plan, the Mohawk Valley Physicians Plan or Blue Shield PPO (“Secure Blue”). If the employee elects to participate in either the Capital District Physicians Health Plan, the Mohawk Valley Physicians Plan, or Secure Blue the School District will contribute to the premium cost for such participation as follows:  a) 80% of the premium cost for individual, family or two-person coverage.
   2. Beginning July 1, 2018 the Blue Shield PPO (“Secure Blue”) plan will change to the following co-pay structure:Office Visit: $25
      Inpatient: $250
      Outpatient: $100
      ER Visit: $150
      Ambulance: $150
      Urgent Care: $35
   3. Dental coverage will be provided for bargaining unit members at 50% of the premium cost for individual, two-person or family coverage.
   4. A prescription drug plan will be administered by a third party administrator to be determined by the district, consistent with the following: a) The prescription drug co-pay will be $5 generic, $20 formulary, and $35 non‑formulary. Mail order co-pays will be $10 generic, $40 formulary and $70 non-formulary (two co-pays for three prescriptions/three month supply).
   5. Except as to those persons taking unpaid leave pursuant to the Family and Medical Leave Act, persons taking a leave of absence without pay may continue such insurance by paying both the District and the employee contribution plus a two (2%) percent administrative cost through the District office. Persons on leave who are returning to employment in the District shall not be required to pay the District share for the months of July and August preceding return to employment, the District paying that portion.The District provides a Flexible Benefit IRS Section 125 Cafeteria Plan. An employee participating in a health insurance plan provided by the District will have his/her premium contribution deducted on a pre-tax basis unless the employee notifies the District in writing that he/she wants to be excluded. An employee may participate in a flexible Benefit IRS Section 125 plan for purposes of un-reimbursed medical expenses. An employee may participate in a flexible Benefit IRS Section 125 plan for purposes of child and dependent care.
   6. Members of the bargaining unit who retire directly from the District with a minimum of ten (10) years of experience with the District will be eligible for insurance throughout retirement.  Retirees from the bargaining unit with between five (5) and ten (10) years of service with the district shall be eligible for one and a half (1.5) years of coverage per year of service.   Retirees from the bargaining unit with less than five (5) years of service are not eligible for insurance.
   7. For eligible retirees, the District shall contribute 65% of the premium cost for individual coverage and 50% of the cost for two-person or family coverage.   This entitlement shall be available only so long as the administrator remains retired.  Upon the death of the administrator, his/her eligible spouse/eligible dependents may continue coverage under a District plan at their sole (100%) expense.
   8. Dental coverage will be available at the retiree’s sole (100%) expense.
   9. Active unit members eligible for health insurance will be given the option of a health insurance “buy-out.”  The parameters of the “buy-out” are as follows:  if a unit member receives health insurance through the district they are eligible for $2,000.00 in the first year that they choose not to participate in the district health insurance plan and are eligible for $1,000.00 in each subsequent year that they do not participate in the district health insurance plan.  If the unit member is does not currently participate in a district health insurance plan they will be eligible to receive $1,000.00 in each year that they continue to choose not to participate.
   10. It is expressly understood that the District is reviewing alternative health insurance plans for the purpose of providing comparable benefits to District employees at less cost to the District.  It is agreed by the parties to this agreement that the District may, in seeking such an objective, withdraw from the current health plan and transfer to such other plan.
2. Physical ExaminationsThe Board will provide a school doctor for the yearly required physical examination at no expense to the administrator.  The administrator may elect to use his/her personal physician and in that event he/she will assume all costs incurred. Each MAA member will submit the appropriate form to the Benefits Administrator upon completion of said physical examination prior to June 30th of each school year. All other expenses for physical examinations which the Board may require shall be borne by the Board.  Failure to provide this form will void coverage for bargaining unit members for Life Insurance and Disability Insurance.
3. Work Incurred DisabilityWhen an administrator becomes disabled by reason of injury arising out of and in the course of employment with the District and receives compensation under the Workers’ Compensation on account of such disability such administrator may elect in writing to use sick leave accruals, if any, for the period of such disability. In the event of such election, the administrator shall for the period of such disability, not exceeding accumulated sick leave time, be paid the difference between the sums paid under the Workers’ Compensation Law and such administrator’s regular rate of pay. The amount so paid by the District shall be deducted from such administrator’s accrued sick leave time on a proportional basis. Sick leave time so deducted will be restored on a proportional basis to the employee’s sick leave accruals upon receipt by the employer of reimbursement pursuant to Workers’ Compensation Law, section 24 subd 4.
4. Disability InsuranceThe District shall provide disability insurance to each unit member according to the following terms: The insurance will provide 60% of each unit member’s salary after a 60-day wait period with a maximum monthly benefit of $6,000 (guaranteed issue) and $7,500 subject to medical documentation and approval
5. Term Life InsuranceEach unit member will be provided with a contract of term life insurance with a company selected by the district in the fact amount equal to twice the member’s annual salary up to a total maximum of $100,000 subject to the terms and conditions set forth in such contract.
6. Professional DuesThe district will pay the entire amount of each unit member’s dues to the chosen organization of the association (currently SAANYS) up to a maximum of $650 per member.  If a member chooses to join additional organizations they will be solely responsible for this cost.
7. Tax Sheltered AnnuityThe administrators shall be permitted to participate in a tax-sheltered annuity plan established pursuant to U.S. Public Law No. 87-370. The cost of administering the program shall be borne by the Board.  The District shall contribute $500 to the tax-sheltered annuity of each administrator in the bargaining unit in each year of the contract that (s)he is employed.  Such contribution should be made on or about June 30, provided the administrator served that entire school year.

Article 6: Professional Responsibilities

1. Board of Education Meeting Attendance:
   1. All unit members will attend all “instructional presentation” meetings of the Board of Education (generally the first Monday of the month, September through June).  Unit members will attend meetings of the Board of Education in addition to those set forth herein when specifically requested to do so by the Superintendent.
   2. Unit members will attend events and activities related to the unit members’ administrative duties and responsibilities when specifically requested to do so by the Superintendent as long as no extension of work hours results beyond what has historically been required of a bargaining unit member.
2. Professional Growth and EnhancementThe Board encourages its administrators to remain up-to-date in their respective professional fields by reading professional materials, participating in seminars, attending educational conferences and meetings, staying advanced technologically, and utilizing tools and resources which facilitate efficiency in their position.   Accordingly, it delegates to its Superintendent of Schools, or his/her duly authorized representative(s), the authority to approve expenditures that would be deemed appropriate in terms of enhancing professional growth.  (This may include but not be limited to: payment for conferences and other educational meetings, reimbursement of staff members for legitimate expenses incurred in connection with attendance at such conferences and other educational meetings, reimbursement for graduate coursework upon proof of completion of said coursework with a “B” or above, purchase of technology to enhance job performance, etc.)The annual allotment to each unit member for the purpose of professional development, reimbursement for coursework, or facilitating effectiveness for job performance will be $400.  Should a unit member wish to give all or part of their annual allotment to another unit member for professional development purposes, the transfer will be reviewed and approved jointly by the MAA President and the Superintendent of Schools.  The association shall have criteria available for membership review.

Article 7: Absence and Leave Policy

1. Sick Leave: Ten (10) month administrators shall be entitled to fifteen (15) days of sick leave per year, cumulative to 195 days.  Twelve (12) month administrators shall be entitled to eighteen (18) days of sick leave per year, cumulative to 216 days.  The number of days of sick leave with pay granted to administrators will be one and one-half (1½) times the number of months of employment, cumulative to thirteen (13) times the annual sick leave allowance. For persons employed after the beginning of the school fiscal year, the allowance for the first year will be prorated on the basis of the number of months remaining in the school year and will be awarded at the beginning of employment. For persons leaving during the year, sick leave will be prorated on the basis of the number of months’ service rendered. Sick leave, not to exceed thirty (30) days in advance of the accrual, may be requested for a serious disability or ailment. In the event that an administrator be granted any sick leave in advance of accrual and should fail to return to work or fail to complete the necessary time in employment of the Mohonasen Central School District to accrue the number of days granted in advance, the administrator will be liable for the repayment of that portion of the sick leave not earned, except in case of permanent disability or death. Sick leave shall be granted only for the personal illness of the administrator. The Board of Education reserves the right to make extensions in individual cases.
2. Sick Bank: A sick leave bank has been established in conjunction with the Mohonasen Supervisors to provide additional sick leave to members who have exhausted their own sick and personal leave and who require additional days for a catastrophic illness or disability.  See Attachment “B” for specific guidelines and contribution forms.
3. Serious Illness or Death in the Immediate Family: Each administrator shall be granted a maximum of five (5) days of leave, subject to approval of the Superintendent, with full pay during each school year because of serious illness or death in his/her immediate family (spouse, child, brother, sister, parent, grandparent, grandchild, parent-in-law, grandparent-in-law, or any person residing with the administrator as a part of the family). An administrator may take a personal leave under paragraph C of the Article when such administrator requires an absence during school hours as a result of the death of any person not described in this paragraph.  An additional leave of five (5) days may be granted at the discretion of the Superintendent. Such leaves shall not be cumulative and shall not be charged against sick leave or other leaves of absences.An administrator shall be granted an extended leave of absence without pay of up to one (1) year for the purpose of caring for a seriously ill member of his/her immediate family (spouse, child, brother, sister, parent, grandparent, grandchild, parent-in-law, grandparent-in-law, or any person residing with the administrator as part of the family). The Board may also grant additional leave without pay for these purposes.
4. Personal Leave: Upon prior request in writing stating the purpose of the intended absence and approval by the Superintendent, each 12-month administrator shall be allowed a maximum of four (4) days of leave with full pay during each school year for personal business. Each 10-month administrator shall be allowed three (3) days with full pay during each school year for personal business. Personal business days may be taken immediately preceding or immediately following a school year vacation day, the beginning day of the school year, or the last day of the school year only where a true emergency exists. Personal leave is intended for personal business that can only be conducted during the regular school day. It shall not be used for social affairs, pleasure trips, part-time employment or to extend a vacation. Personal leave not used during the school year will be rolled over into accumulated sick leave subject to the cumulative sick leave allowance set forth in paragraph A of this Article.
5. Jury Duty, Compulsory Court Attendance: Any administrator selected for jury duty will be granted special leave to serve and will be paid the difference between juror’s pay and his or her regular pay by the school district while serving. In accordance with Administrative Regulation 4241.4, leave days for compulsory court attendance as a result of subpoena may be requested.
6. Visiting Days: Administrators will be granted such visiting days as are necessary for the improvement of administration and supervision and as approved by the Superintendent of Schools.
7. Leave Without Pay: Leaves of Absence without pay will be granted at the discretion of the Board.
8. Family Medical Leave: Leave pursuant to the Family and Medical Leave Act (FMLA), as amended, shall be granted in accordance with the law.
9. Snow Days: Each 12-month unit member can elect not to report to work on two (2) declared snow days in each school year in order to work from home. The unit member must notify the Superintendent or designee on the morning of the snow day.  If zero (0) or one (1) snow day is used then the Friday before Memorial Day weekend may be used as a work from home day upon the approval of the Superintendent or designee.
10. Breast/Prostate Cancer Screenings: Each member of the bargaining unit shall be entitled to be excused to undertake an annual medical screening for breast cancer and/or prostate cancer.  Excused absence will be without charge to the unit member’s leave accruals shall not exceed one 4-hour medical visit per screening per year.  Cost of all screening is to be paid by the unit member’s medical insurance.  The unit member must submit medical certification for such screening for such leave to be authorized as an excused leave.  Failure to provide certification will result in the absence being charged to the unit member’s sick leave, if available, or payroll deduction if no leave is available.
11. Blood Donation: Labor Law Section 202-1 which became effective on December 13, 2007 requires employers of more than twenty (20) employees to grant each member of a bargaining unit one of the following:
    1. Three (3) hours of leave of absence in any twelve (12) month period.  Such leave time is not paid for by the district. OR
    2. Allow members of the bargaining unit without use of accumulated leave time, to donate blood during work hours at least two (2) times per year at a convenient time and place set by the employer.

Article 8: Holidays and Vacation Periods

1. Twelve-Month Administrators:All twelve-month administrators will work July 1 through June 30 and will receive the following paid holidays: New Year’s Day, Veterans Day, Washington’s Birthday, Thanksgiving Day, Good Friday                                      , Day after Thanksgiving, Memorial Day, Christmas Eve, July 4th, Christmas Day, Labor Day, Martin Luther King Day, Columbus Day*When a paid holiday falls on a Saturday employees shall have Friday off.  When a paid holiday falls on a Sunday employees shall have Monday off.In addition to the paid holidays listed above it is understood that on the Wednesday prior to Thanksgiving and the Friday of President’s week (February break) that no mandatory administrative meetings will be held.  This will give members of the association the opportunity to take these days as one of their vacation days as specified below.Twelve-month administrators will receive twenty (20) vacation days annually on the date of hire.   Vacation will be pro-rated for less than 12 months service the first year.  An additional two (2) vacation days will be available for each five (5) years of individual administrative service in the district. The scheduling of vacation leave must receive prior approval of the administrator’s immediate supervisor.Up to five (5) vacation days may be used annually while school is in session provided that the following criteria are met:
   1. these vacation days may not be taken consecutively except as provided for below in paragraph f
   2. a unit member of the association must provide coverage for the vacationing administrator
   3. only one unit member may avail themselves of this option on any given day
   4. only one such day may be used to extend an existing school break or vacation during the life of the contract
   5. prior approval by the immediate supervisor is required which approval shall not be unreasonably withheld.
   6. a request to use up to five (5) consecutive days of vacation when school is in session must be submitted in writing to the Superintendent or designee three months in advance of the requested time of use and must be accompanied by a recommendation in support of such request from the administrator’s immediate supervisor. Requests will be considered on a case by case basis with final approval of the request being within the sole discretion of the District and not subject to the grievance procedure provided for in Article III of this Agreement.

Vacation Day Carryover

A maximum of twelve (12) vacation days may be carried forward for use in the next school year.

Vacation Day Annual Payout

If a twelve-month administrator unable to use all of his/her vacation allocation in a given year may request payment at his/her per diem rate (1/240th) of pay for each unused day of vacation (up to a maximum of six (6) days of that year’s vacation allocation) after carrying over a minimum of six (6) days forward to the following year, with a maximum carry forward of twelve (12) as indicated above.

Vacation Day Accrual Payoff

Twelve-month administrators who resign or retire from the District will receive a vacation day accrual payoff at his/her per diem rate (1/240th) of annual salary. The District will pay for any unused vacation days carried forward from the preceding year plus a payment for a prorated number of vacation days for the period of his/her employment during the current year in which his/her employment terminates, up to a maximum of twenty (20) days.  This makes the maximum potential payout thirty-two (32) days (20+12=32).

Article 9: Severability

If any provision of this agreement or any application thereof to any employee or group of employees shall be found to be held to be contrary to law or any rule or regulation having the effect of law by a decision of a tribunal or competent jurisdiction or shall have the effect of loss

to the district of funds otherwise available under state or federal law, then such provision or application thereof shall be null and void, but all other provisions or applications will continue in full force and effect. At the option of either party, negotiations shall be immediately undertaken with respect to a substitute for such provision or application becoming null and void.

Article 10: Personnel File

1. An administrator shall have the right, upon request, to review the contents of his or her personnel file in the presence of a representative of the Superintendent’s office. The administrator may elect to have an additional witness of his/her own choosing.
2. No material derogatory to an administrator’s conduct, service, character or personality shall be placed in the administrator’s personnel file unless the administrator has had the opportunity to review the material. The administrator will acknowledge that he/she has had the opportunity to review such material by affixing his/her signature to the copy to be filed; it is expressly understood that such signature in no way indicates agreement or disagreement with the contents thereof. The administrator shall also have the right to submit a written answer to such material and to have the written answer reviewed by the Superintendent and included in the file.

Article 11: Vacancies

The Board shall give written notice to the chairman of the Association in the event that any vacancy occurs in any existing administrative or supervisory position or which occurs as the result of the creation or modification of a new or existing administrative or supervisory position. 

Article 12: Evaluations

All administrators will be evaluated annually. The evaluation shall include, but is not
limited to, the MPPR/MPLR rubric agreed upon through the APPR process and completion of an annual year-end report outlining the performance and accomplishments of the year in accordance with the District Goals.  Probationary administrators shall create a portfolio in a format consistent with the MPPR/MPLR Framework.  The portfolio will be completed no later than six (6) months prior to the administrator’s three-year anniversary date on which they would anticipate recommendations for tenure.  Probationary administrators will meet in an ongoing manner with their immediate supervisor to review performance and review progress on tenure portfolio.

Article 13: Amendment

This agreement shall not be altered, amended, or changed except in writing and signed by both the Board and the Association, which writing shall be appended hereto and become a part thereof.

Article 14: Legislative Requirement

It is agreed by and between the parties that any provision of this agreement requiring legislative action to permit its implementation by amendment of law or by providing the additional funds thereof, shall not become effective until the appropriate legislative body has given approval.

Article 15: Duration

This agreement shall be effective as of July 1, 2018 and shall remain in full force and effect and shall bind and insure to the benefit of the parties hereto and their successors to and including June 30, 2021.  IN WITNESS WHEREOF, each of the parties hereunto has caused these presents to be executed by its proper officer, hereunto duly authorized.