NEGOTIATED AGREEMENT BETWEEN RAPID CITY AREA SCHOOL DISTRICT #51-4 - AND ADMINISTRATORS/TECHNICIANS ASSOCIATION 2015-2016
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
2015-2016
NEGOTIATED AGREEMENT
BETWEEN
RAPID CITY AREA SCHOOL DISTRICT #51-4
AND
ADMINISTRATORS/TECHNICIANS ASSOCIATIONINDEX
Page
Recognition Article I 2
District Rights Article II 2
Association Rights Article III 3
Discrimination Article IV 3
Medical Examination Article V 3
Contracts and Compensation Article VI 3
Salary Schedules Article VII 4
Dues Payment Plan Article VIII 6
Summer School and Extension Class Bonus Article XIX 6
Leave Provisions Article X 7
Parental Leave 7
Military Leave of Absence 9
Sabbatical Leave 10
Leave of Absence 10
Discretionary Leave 11
Sick Leave 11
Emergency Leave 14
Professional Leave 15
Short Leaves: Juries/Consultant/Judge/Sports Official 15
Public Office Leave 16
Contract Duty Days Article XI 17
Reduction in Work Force Article XII 18
Vacancies, Assignments and Transfers Article XIII 21
Resignations Article XIV 22
Evaluation Procedures Article XV 22
Group Insurance Program Article XVI 23
Worker’s Compensation Article XVII 23
Retirement and Severance Pay Article XVIII 24
Suspension and Dismissal Article XIX 28
Personnel Files and Complaints Against Employees Article XX 29
Grievance Procedure Article XXI 30
Hazardous Conditions Article XXII 33
Assault Upon Administrators Article XXIII 33
Miscellaneous Provision Article XXIV 34
Effective Date and Duration of Agreement Article XXV 35
Technician/Administrator Contract Appendix A 36
Benefits Schedule A 37
Administrators and Technician Salary Schedule Appendix B 38
Administrators and Technician Salary Levels Appendix B-1 40
iAGREEMENT FOR SCHOOL YEAR
2015-2016
BETWEEN THE
RAPID CITY AREA SCHOOL DISTRICT NO. 51-4
AND THE RAPID CITY ADMINISTRATORS
AND TECHNICIANS ASSOCIATION
This Agreement made and entered into at Rapid City, South Dakota, pursuant to the
provisions of SDCL 3-18-8, by and between the Rapid City Area School District No. 51-4,
hereinafter called District, and the Rapid City Administrators and Technicians Association,
hereinafter referred to as ASBU, WITNESSETH:
WHEREAS, both of the parties to this Agreement are desirous of reaching an amicable
understanding with respect to the employer-employee relationship which exists between the
District and the employees covered by this Agreement and to enter into a complete agreement
covering rates of pay, wages, hours of employment and other conditions of employment, and,
WHEREAS, the parties recognize that all of the provisions of this Agreement must meet
the requirements and procedures required by law and the provisions of the statutes of the State of
South Dakota, and
WHEREAS the parties do hereby acknowledge that this Agreement is the result of the
unlimited right and opportunity afforded each of the parties to make any and all demands and
proposals with respect to the rates of pay, wages, hours of employment and other conditions of
employment with respect to the unit of employees covered hereby,
NOW, THEREFORE, in consideration of the execution of this Agreement and the
covenants and agreements mutually expressed herein and arrived at by the parties hereto, it is
hereby agreed as follows:
1ARTICLE I
RECOGNITION
The District recognizes the Rapid City Administrators and Technicians Association as the
exclusive formal representative for the purposes of negotiations under SDCL 3-18 for the unit as
recognized by the South Dakota Department of Labor and attached as Appendix B-2, all of whom
are in the District. Notwithstanding this recognition, the parties hereto understand and agree that
any individual unit member, or group of unit members shall have the right at any time to present
grievances to the District and to have such grievances adjusted without the intervention of the
Association as long as the adjustment is not inconsistent with the terms of the Agreement, and
provided the Association has been given the opportunity to be present at such adjustment.
Where used herein, the terms "administrator", "technician", "employee" and "administrative
personnel", shall mean those individuals as recognized by the South Dakota Department of Labor
and attached as Appendix B-2 (Administrators and Technicians Salary Levels).
ARTICLE II
DISTRICT RIGHTS
A. In recognizing the Association as the exclusive formal representative as herein
before provided, the District retains and reserves unto itself, without limitation, all powers, rights,
authority, duties, and responsibilities imposed upon and vested in it by the laws and the
Constitution of the State of South Dakota and of the United States, including, but without limiting
the generality of the foregoing, the rights and responsibilities set forth in SDCL 13-18-1, 13-8-39
and 13-10-12.
B. The exercise of the foregoing powers, rights, authority, duties, and responsibilities
by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and
the use of judgment and discretion in connection therewith shall be limited only by such
expressions of limitation relating to the unit as are contained in this Agreement and then only to
the extent such expressed limitations are in conformance with the Constitution and the laws of the
state of South Dakota and the Constitution and laws of the United States.
2ARTICLE III
ASSOCIATION RIGHTS
Any authorized representative of the Association shall be free to visit the various places of
employment of all of the employees covered by this Agreement.
ARTICLE IV
DISCRIMINATION
See District’s policy AC*-1 – Discrimination/Harassment.
ARTICLE V
MEDICAL EXAMINATION
The Board or governing body may require a new certification of health if at any time there
is reasonable cause to believe that an employee is suffering from an illness detrimental to the
health of the students or other employees. The expense of obtaining additional certification of
health will be borne by the District.
ARTICLE VI
CONTRACTS AND COMPENSATION PLANS
A. All individual contracts with the administrators employed by the Board and covered
by conditions of employment shall be in writing or in electronic format and signed by the
administrator, the Director of Finance, Budget and Community Development and the President of
the Board.
B. Individual administrator's contracts shall be in the form as provided in Appendix A.
Such contracts shall be signed in not less than triplicate, and copies shall be given to the
Business Office, the Office of Human Resources and the administrator.
C. Unless otherwise specified in the written contract, the salary shall be paid in bi-
monthly installments.
D. The computation of an administrator's daily wage shall be determined by dividing
the administrator's basic salary by the number of work days of contract.
3ARTICLE VII
SALARY SCHEDULES
A. Salary Schedule
The salaries for administrators and technicians shall be in accordance with
Appendices B, B-1 and B-2 (salary schedules and levels).
B. Classification
1. Administrators will be classified for placement on the salary schedule at the
time their individual contract is offered to them. At that time, they will be placed on the schedule at
the levels warranted by their experience, training, position and classification. Changes in position
during the school year which occur prior to April 1 shall be accompanied by corresponding salary
adjustments to fit the new position.
2. The Board of Education retains the prerogative to create, delete or modify
administrative and technician positions.
C. Credit for Previous Experience
1. An administrator newly hired by the District may be granted experience credit
from step zero (0) through step seven (7) on their level of placement. This credit will be granted at
the discretion of the Superintendent of Schools, or designee, subject to final approval by the
Board of Education.
2. This credit may include school administrative experience and supervisory
work, subject to approval by the Superintendent or designee.
3. An administrator must work for at least six (6) months in the District to be
entitled to the incremental (step) increase for the following school year.
D. Education Stipends
1. Administrators who complete an advanced degree or the designated number
of credit hours shall provide the Assistant Superintendent of Support Services or designee with
proper notification.
42. The effective date for stipends shall be the date of receipt by the Assistant
Superintendent of Support Services or designee of such notification provided such notification is
received on or before September 1; otherwise, such stipends shall not be effective until the
commencement of the following school year.
3. In order to receive education stipends for education beyond the masters
degree, an administrator must have earned the additional hours of college credit after the date the
administrator's masters degree was conferred. These hours must be obtained from accredited
schools or through the Staff Development Program. A minimum of one-half (1/2) of the required
hours must be in the field of their professional training. Work in other fields may qualify if
approved in advance by the Superintendent or designee.
4. Technology employees may receive a Level I, Level II, or Level III stipend
commensurate with experience/training approved by the Information Technology Director,
recommended by the Assistant Superintendent of Support Services or designee and approved by
the Board of Education.
E. Voluntary Transfers
1. If an administrator voluntarily transfers to a higher salary level, he/she will
move to the next closest dollar amount above their current salary. Additional experience credit
may be granted at the discretion of the Superintendent of Schools with concurrence by the
appropriate Assistant Superintendent/Director, subject to final approval by the Board of Education.
2. If an administrator voluntarily transfers to a lower salary level, he/she will
move to the salary in that level on the schedule that is closest to but not greater than their present
salary.
F. Involuntary Transfers
1. If an administrator is involuntarily transferred to a lower salary level during
the school year, the administrator will be placed on the step closest to, but not less than, their
present salary for the balance of the school year.
2. If the maximum of the lower salary is less than their current salary, the
administrator will continue to receive his/her current salary for the balance of the school year.
G. Supervisor Stipend
51. If a supervisor is within the same salary level as a person that they supervise,
the specific amount of $1,000 will be set aside annually as a stipend and added to the
supervisor's salary.
ARTICLE VIII
DUES PAYMENT PLAN
Administrators who belong to state or national professional organizations which are related
to their work and are authorized by their direct supervisor, will be reimbursed up to the sum of
$150.00 by the school district to help defray the cost of dues. This reimbursement will be paid
only once per year. The administrator shall provide a receipt of payment from the professional
organization to which the administrator belongs in order to receive reimbursement from the district
and as required, verification of prior membership. The receipt of payment must be accompanied
by a blue claim sheet and sent to the Business Office for payment. If the dues for the professional
organization to which the administrator belongs are less than $150.00, the administrator will be
paid the amount of the dues, not the full $150.00. An administrator could belong to more than one
(1) professional organization and use the reimbursement of $150.00 to help pay for dues,
provided receipts were shown.
ARTICLE IX
SUMMER SCHOOL AND EXTENSION CLASS BONUS
A. Employees who have worked two (2) consecutive years in the District may apply for
a $150 stipend for attending summer school or for taking extension classes, or a combination of
both, and, upon approval of such application by the Assistant Superintendent of Support Services
or designee, shall be entitled to receive such stipend, provided, such stipend will not be granted
more often than once in a four (4) year period. Such application must be made in advance of the
time when such school or classes are scheduled to commence. Applications shall describe the
courses, a minimum of two (2) semester hours, in an area which is applicable to the employee's
growth within the District. A grade report or transcript must be on file in the office of the Assistant
Superintendent of Support Services or designee attesting to successful completion, and the
granting of credit, before payment will be authorized.
B. The $150 stipend for attending summer school shall be paid in one (1) lump sum in
the November pay check of all administrators qualifying for such stipend; however, if an
6administrator receiving such stipend does not work in the District the entire contract year in which
such stipend is received, the amount of such stipend which has been paid to any such
administrator shall be deducted from his/her final pay check.
ARTICLE X
LEAVE PROVISIONS
A. Parental Leave
1. Upon written application to the Assistant Superintendent of Support Services
or designee, a parental leave of absence without pay shall be granted to an administrator for the
purpose of childbearing and/or child rearing. An administrator who wishes parental leave shall
notify the supervisor in writing, accompanied by physician's written statement of the approximate
date of expected birth, as soon as the pregnancy has been definitely determined, but in no case
later than the middle of the fifth month.
The administrator shall indicate in the written notification:
a. Whether she desires to apply for a parental leave of absence prior to
the birth of the child or continue working as long as duties are properly performed and health does
not prevent such performance;
b. Requested commencement date (may be approximated) of such
leave request; and
c. The desired length of any requested leave.
2. A parental leave of absence shall be for a maximum period of one (1) year
but, upon written application made at least forty-five (45) calendar days prior to the expiration of
such leave, shall be extended to the commencement of the school year following the year in
which such leave expires.
3. An administrator shall be entitled to take a parental leave beginning at any
time after the commencement of pregnancy, provided, except in cases of emergency, such
administrator shall make written applications for such leave to the Assistant Superintendent of
Support Services or designee specifying the date such leave is requested to begin at least forty-
five (45) days prior to the date on which the leave is requested to begin. Unless the written
notification of pregnancy provided for in Subsection 1, hereof, has been given, such application
shall contain the information required in Subsection 1, hereof.
74. An administrator, during pregnancy, may continue in active employment as
late into her pregnancy as she desires provided she is able to properly perform her required
functions and duties. Physicians' statements may be required if the ability of the administrator to
properly perform her required function and duties become questionable.
5. A male administrator shall be entitled, upon written request, to a parental
leave of absence for the purpose of child rearing to begin at any time between the birth of his child
and one (1) year thereafter. Except in case of emergency, an administrator desiring such leave
shall make written application for such leave to the Assistant Superintendent of Support Services
or designee at least forty-five (45) days prior to the date on which such leave is to begin.
6. An administrator adopting an infant child (i.e. one (1) year of age or less)
shall be entitled to a parental leave for the purpose of child rearing (including time necessary to
obtain custody of the child) to commence at any time during one (1) year after receiving custody
of said infant child. Except in an emergency or where the length of notification of receipt of
custody does not permit, an administrator desiring such leave shall make written application for
such leave to the Assistant Superintendent of Support Services or designee at least forty-five (45)
days prior to the date on which such leave is to begin.
7. An administrator who is granted a parental leave of absence shall have the
following reemployment rights:
a. If a parental leave does not extend beyond ninety (90) days, upon
giving thirty (30) days advance written notice to the Assistant Superintendent of Support Services
or designee, such administrator shall at the expiration of the period for which leave was granted,
be reassigned to original position or to a position of like status and pay.
b. If a parental leave extends beyond ninety (90) days, upon giving thirty
(30) days advance written notice to the Assistant Superintendent of Support Services or designee
of desire to return to active employment, such administrator shall be assigned to the first available
vacant position for which qualified, provided that if more than one (1) administrator has given such
notice, the administrator giving notice at the earliest date shall be assigned to such vacant
position. If no such position becomes vacant during that current year, such administrator shall be
reassigned to original position or to a position of like status and pay at the commencement of the
next school year.
88. Prior to the return to employment from parental leave, the Board may require
the administrator's personal physician to certify that the administrator is both physically and
mentally ready to resume regular duties. The Board may request an additional physical
examination at its expense by a physician of its own choosing.
9. If a parental leave is not for a period longer than one (1) semester,
reassignment shall be without loss of longevity. If such leave is for a longer period of time, such
reassignment shall be without accumulation of longevity.
10. An administrator on parental leave of absence shall not be denied the
opportunity to substitute in the District by reason of the fact of such leave of absence.
B. Military Leave of Absence
1. Leaves of absence may be granted for military purposes, but not to exceed
the enlistment or draft period. Experience credit on the salary schedule shall be allowed up to two
(2) years.
2. Upon completion of the military services, the individual shall be entitled to
reinstatement in the position held, but subject to the following conditions:
a. That the position has not been abolished,
b. That returnee is qualified and capable of performing the duties of the
position,
c. That returnee makes written application for reinstatement to the
Superintendent within ninety (90) days after termination of military service,
d. That returnee submits an honorable discharge from military service.
3. A leave of absence shall be granted for reservists for training purposes.
Request should be made on the regular leave form, and military orders shall be attached. Leaves
for training will be granted without prejudice and the administrator may elect to use vacation time
for the leave up to fifteen (15) days or take leave without pay. Administrators are encouraged to
take these training periods during the summer recess.
C. Sabbatical Leave
1. The Board, upon the recommendation of the Superintendent may grant a
sabbatical leave to administrators for the purposes of study and for such other purposes as may
be approved by the Board.
92. Upon the recommendation of the Superintendent, the Board may grant a
sabbatical leave to an administrator who has been employed as an administrator at least six (6)
consecutive years and who has not had a sabbatical leave during the six (6) years immediately
preceding. The leave granted shall not exceed one (1) year.
3. An administrator on sabbatical leave shall receive as compensation during
the period of absence one-half (½) of their regular scheduled salary in the year of application.
4. Compensation shall be paid at the same time as the other administrators.
Administrators on sabbatical leave shall receive adjustments in salary the same as they would
have received were they occupying their regular assignment.
5. The number of persons given such leave in any year shall depend upon the
financial condition of the District and the amount of funds available to finance the program. The
number of leaves granted shall be limited. If the number requesting sabbatical leave exceeds the
number of such leaves available as determined by the Board, the selection shall be based on:
a. The estimated value of the plan to the individual and to the system,
b. The amount of seniority,
c. The length of time since the last sabbatical leave.
6. An administrator who receives a sabbatical leave shall agree to return to
service with the Board for a period of two (2) years. The administrator who fails to return to the
system upon completion or who fails to fulfill the two (2) year employment requirement of
sabbatical leave shall proportionately refund compensation paid during the leave plus interest at
the prevailing rate for that period.
7. The administrator, upon return from sabbatical leave, shall be restored to
his/her original position or to one (1) of like status.
8. The administrator, upon return from sabbatical leave, shall make such
reports as may be designated by the Superintendent.
D. Leave Of Absence
1. An administrator who has been on the staff for three (3) or more years may
be granted a leave of absence without compensation for a period of up to one (1) year. Requests
for leaves of absence must ordinarily be submitted in writing no later than February 15 during the
school year preceding the year in which the leave of absence is desired. Requests for leave of
absence submitted after February 15 may be granted if, in the opinion of the Board of Education,
10a suitable replacement can be obtained. All requests shall be acted upon within thirty (30) days
after the receipt thereof. A written request for leave of absence shall contain a statement setting
forth the purpose for which such leave is sought.
2. Upon return, the administrator will be reinstated with all benefits except
increased longevity.
3. An administrator desiring to return from any such leave:
a. Which does not extend beyond one-half (1/2) of the contract length
shall, upon giving thirty (30) days advance written notice to the Assistant Superintendent of
Support Services or designee, at the expiration of the period for which leave was granted, be
reassigned to his/her original position.
b. Which extends beyond one-half (1/2) of the contract length shall, upon
giving thirty (30) days advance written notice or notice by March 1 whichever is earlier to the
Assistant Superintendent of Support Services or designee of desire to return to active
employment, be assigned to the first available vacant position for which qualified. If more than
one (1) administrator has given such notice, the administrator giving notice at the earliest date
shall be assigned to such vacant position. If no such position becomes vacant during that current
year, such administrator shall be reassigned to his/her original position or to a position of like
status and pay at the commencement of the next school year.
c. Which extends for a period of one (1) year shall give written notice of
intent to return from such leave by March 1, and provided such written notice is given, shall be
restored to his/her original position or to one (1) of like status and pay.
E. Discretionary Leave
The Superintendent or designee may grant short leaves of absence to employees
for personal reasons. Such discretionary leaves are limited to three (3) days per year. Requests
for discretionary leaves of absence shall be initiated through the Superintendent or desingee.
No discretionary leaves will be granted during the first week or the last two (2)
weeks of the school year nor the day before or after a holiday or intermission except as authorized
by the Superintendent or designee.
F. Sick Leave
1. Sick leave allowances are available for all regularly appointed, full-time and
regular part-time administrators in the District. Sick leave is provided to give a reasonable amount
11of protection for employees and the District so that employees who are ill, injured, have pregnancy
related disabilities or are otherwise physically disabled will not feel compelled or be required to
attend to duties when such disabilities exist. Sick leave must be taken in half-day increments.
2. All full-time administrators hired on contract shall receive, on the first day of
service each year, a block of sick leave days per schedule shown below. These days shall
represent all the administrator's sick leave for that year, subject to the maximum accumulation
stated in section 4 hereof.
A regular part-time administrator hired on contract shall receive, on the first day of service
each year, a block of sick leave days computed at the schedule rate multiplied by the fraction of
full-time employment represented by such administrator’s individual contract.
SICK LEAVE SCHEDULE
Number of Contract Days Number of Sick Leave Days
223 16
218 16
213 15
208 14
203 14
198 13
193 13
3. If an administrator should be released or leave before the termination of the
school year, the administrator shall be credited with only that portion of the accumulated days
computed from the fractional portion of completed service. The final contractual payment shall be
reduced by the appropriate number of contractual days pay for any days used over the allotted
number.
4. All of the unused days actually earned shall be added at the end of each
fiscal year to the employee's sick leave reserve, provided that such sick leave reserve shall not
accumulate beyond a total of 180 days.
5. Each administrator shall present a signed statement indicating the reason for
such absence; such statement is to be filed in the immediate supervisor's or Superintendent's
office. The supervisor or Superintendent may request a physician's statement concerning such
absence.
6. Any administrator who willfully violates or misuses this sick leave policy or
who misrepresents any statement or condition under said policy shall forfeit up to, but not in
12excess of, thirty (30) days of such administrator's accumulated sick leave (excluding the unused
part of the ten (10) days per year required by statute).
7. A voluntary sick leave bank will be established for full time administrators
who are in or beyond their second full term of employment under the following conditions and
provisions:
a. Each new participating administrator shall contribute two (2) days of
his or her sick leave to the bank during his/her first year of participation. There shall be a
moratorium on the contribution of two (2) days to the sick leave bank by current members and
continuing until such time as the number of days in the bank drops below three hundred sixty
(360), at which time a contribution of two (2) additional days will be made by all sick leave bank
participants and upon the District giving written notice of the need for such contributions.
b. This bank is for the protection of individual participating administrators
during a long-term extended illness or disability of the administrator, spouse or children causing
an absence from regularly assigned duties which extends fifteen (15) consecutive duty days or
more. Use of this bank may begin after fifteen (15) consecutive duty days of absence, but not
until after an individual administrator's accumulated sick leave days have been exhausted, at
which time the participating administrator may draw up to forty (40) days of sick leave from the
bank.
c. Administration of the bank will be handled by the District's Office of
Human Resources. All requests for use of the bank must be submitted in writing to the Assistant
Superintendent of Support Services or designee and must be supported by a written statement
from the administrator's personal physician. The absence for which bank days are requested
must be of such a nature that absence is unavoidable during the school year and absence from
duties is necessitated. Should loss of any pay inadvertently occur through late notification, such
loss shall be restored in the next pay period following approval of the request for use of bank
days.
d. Administrators withdrawing days from the bank are not required to
replace these days except as a regular contributing member of the bank. An administrator
resigning, retiring, withdrawing from membership in the bank, or declining to make continued
contributions as required shall not be able to withdraw previously contributed days.
13e. Days in the bank shall be withdrawn on a first-come, first-serve basis
and, if the total days in the bank are exhausted in any year, use of the bank is ended for that year.
Unused days in the bank shall be carried over to the next succeeding school year.
f. Paid days of absence received through withdrawal of days from the
sick leave bank shall be based on the per diem rate for the individual participant for the applicable
school year.
g. Upon request of the ASBU (not more often than every six (6) months),
the Office of Human Resources shall report the status of the bank, including the balance of days
in the bank.
G. Emergency Leave
1. Each administrator shall be granted the privilege of using all or any part of
such administrator's accumulated sick leave to cover absences due to emergencies of illness,
injury or death of their spouse, parents, parents-in-law, or children of the administrator. Each
administrator shall be granted the privilege of using a maximum of ten (10) days sick leave, per
occurrence, to cover absences due to emergencies of illness, injury, or death involving other
immediate family or in case of a natural disaster. Other immediate family shall include brother,
sister, brother, or sister-in-law, grandmother, grandfather, or grandchildren, grandfather, or
grandmother-in-law, stepson, stepdaughter, stepmother, stepfather, stepbrother, stepsister and
any other person who is a regular member of the administrator's immediate household and who is
dependent for support in whole or in part on such administrator. Each administrator shall also be
granted the privilege of using a maximum of two (2) days of sick leave per occurrence, to cover
any absence in order to attend the funeral of someone close to the administrator.
2. Each administrator may, upon approval of the Superintendent, be granted
the privilege of using a maximum of three (3) days sick leave to cover absences due to marriage
in the immediate family, required appearance in a court of law which does not involve moral
turpitude on the part of the administrator and three (3) days of sick leave for the absence in order
to obtain custody of an adoptive child.
3. Each administrator shall be granted the privilege of using a maximum of
three (3) days of emergency leave in case of a natural disaster or when an administrator has been
stranded out of town on a trip due to adverse weather, cancellation of public transportation, or
other similar circumstances beyond the reasonable control of the administrator.
14H. Professional Leave
1. The Board recognizes the need for administrative growth through
involvement in educational meetings, conferences and visitations to other schools. In the
discretion of the Superintendent or designee, administrators may attend meetings or conferences
of an educational nature and visit other schools. Expenses will be paid in accordance with the
District's travel and professional leave policies.
2. Eligibility to attend meetings of state and national professional organizations
shall be based upon professional interest and leadership in positions of local affiliation.
3. Requests for permission to attend professional meetings or other school
visitations must be approved by the Superintendent or designee.
Upon return from a meeting or other school visitation, the administrator shall file an
itemized and verified accounting of expenses incurred with the Business Office and approved by
the Superintendent.
Upon request from the Superintendent, such administrator shall share a report on the
activities of the meeting, conference or other school visitation.
I. Short Leaves to Serve on Juries As a Consultant, Judge or Sports Official
1. Administrators who are subpoenaed to testify in court (in a case in which they
are not a party) or summoned to serve on a jury panel shall receive full pay from the District for
the time they are required to be in court and all fees received for such court appearances or
service shall be remitted to the District.
2. The administrator shall indicate in his/her request for release whether he/she
wishes to return the gratuity or receive a deduction from his/her regular salary. If permission is
granted, the following provisions shall apply:
a. If the gratuity is to be returned, the administrator shall be paid his/her
regular salary.
b. If the administrator chooses to retain the gratuity, he/she shall have
his/her full daily salary rate deducted for each day absent. This amount will be deducted from the
administrators next regular paycheck.
c. Limited to five (5) days per year, unless serving on a jury.
15J. Public Office Leave
Administrators on continuing contract shall be eligible for a leave of absence without
pay to serve in a less than full time elective public office. Applications for such leave must be
submitted at least forty-five (45) days prior to the commencement of the period for which such
leave is sought. If such leave is not longer than one half (1/2) of the contract length, the
administrator shall be restored to former status upon return. If the leave is longer than one (1)
semester, the administrator shall be returned to employment in a position of like nature but without
the accumulation of longevity.
16ARTICLE XI
CONTRACT DUTY DAYS
Administrators will have the following contract duty days with specific starting days
determined by the immediate supervisor in consultation with the employee:
POSITION DAYS
Application Support Analyst *228
Computer Programmer *228
Computer Support Specialist *228
Coordinator of Student Transportation, Warehouse, and Maintenance Services *228
Help Desk Specialist *228
Network Administrator *228
Operations Manager *228
Program Manager *228
Software Application Trainer *228
Staff Development Coordinator *228
Telecommunications Technician *228
Coordinator of Buildings, Custodial, Security, and Conservation Management 223
Coordinator of Construction Management Services 223
High School Principal 223
Food Service Supervisor 223
Assistant High School Principal in Charge of Student Activities 213
Middle School Principal 213
Elementary School Principal 208
Special Education Program Director 208
Assistant Elementary/Middle/High School Principal 203
Psychologist 193
* After ten (10) years this is reduced to 223 days.
17ARTICLE XII
REDUCTION IN WORK FORCE
A. Reduction of Staff
1. In the event of a reduction in administrative staff, and in order to continue to
provide the education services needed in the event the Board of Education determines that a
reduction in force shall occur, the following factors will be considered:
a. The ability and needs of the district to provide the educational services
required;
b. Performance evaluations;
c. Certifications and endorsements;
d. Experience;
e. Operational impact on the district.
2. If the employment contract of an administrator is not renewed because of a
reduction in staff or administrative positions and an alternative administrative position is not
available, the administrator may apply for any posted teaching positions that are open or may
request a transfer to a teaching position for which the administrator is certified and qualified to
teach provided there are teaching positions available or there are teaching positions being taught
by a teacher with less total seniority than the administrator. In such event, the administrator may
be assigned to a teaching position and given full teacher's salary schedule credit for the length of
service with the District as an administrator and teacher. Qualifications for such teaching position
may be demonstrated in one (1) of the following ways:
a. Having taught in the level or area specified on his or her teaching
certificate for at least one (1) year within the preceding five (5) years; or
b. Absent such teaching experience, an administrator shall be offered a
provisional contract by the District contingent upon demonstration of his or her "qualifications" for
a particular position, level or subject matter area in one (1) of the two (2) following ways, to wit:
i. Successful completion of a minimum of six (6) semester hours
of college (300 level or above) credits within the preceding five (5) years or prior to
commencement of the next school year following notification of layoff due to reduction in force, in
the particular level or subject matter area. Any administrator taking such college hours must show
by July 15 proof of enrollment in the required courses and provide the Assistant Superintendent of
18Support Services or designee with an official transcript or statement of successful completion of
those hours before August 20 of the current calendar year.
Failure to demonstrate such qualifications in one (1) of the two (2) ways specified above
shall void a provisional contract.
3 In the event it becomes necessary, in the judgment of the Board, to reduce
the number of employees within the technicians’ classification, and in order to continue to provide
the education services needed in the event the Board of Education determines that a reduction in
force shall occur, the following factors will be considered:
a. The ability and needs of the district to provide the educational services
required;
b. Performance evaluations;
c. Certifications and endorsements;
d. Experience;
e. Operational impact on the district.
C. Reemployment
An administrator, in or beyond their fourth term of employment whose contract is not
renewed due to a reduction in force shall have reemployment preference for a period of two (2)
years from the day of notification of non-renewal of contract. Such administrator seeking
reemployment under this provision must notify the Assistant Superintendent of Support Services
or designee annually in writing of such desire no later than February 1 of each year preceding the
year in which reemployment is sought. Such notification shall include documentation of any
additional qualifications obtained following layoff. The District has the right to examine an
administrator’s qualifications when re-employment is required during the two (2) year period
following a non-renewed contract because of reduction in force. Failure to notify the Assistant
Superintendent of Support Services or designee by February 1 in any given year shall result in
forfeiture of reemployment preference under this provision.
19D. Termination of Employment
The employment relationship shall terminate only when the following apply to an
administrator:
1. Resigns
2. Is dismissed as provided by law, or when contract is not renewed for reasons
other than a layoff under this policy
3. Retires
4. Fails to report to work at a full time position with the time established in a
written notification to return (not less than two (2) weeks). The District shall give written notice to
those administrators who are to return to work following non-renewal by personally delivering such
notice or by mailing such notice by certified mail, return receipt requested, to the last address
furnished to the District by the administrator. Administrators thus notified must within one (1)
week after the receipt of such notification, advise the District whether they intend to return to work
and must report for work within two (2) weeks after the receipt of such notice unless such time is
extended by the District. The two (2) week period shall commence on the date of receipt or the
date such notice is personally served. Each administrator shall keep the District advised of
correct address.
5. Is laid off by non-renewal hereunder or is absent because of illness or injury
for a continuous period of three (3) years, unless such time is extended in writing by the District,
or fails to notify the Assistant Superintendent of Support Services or designee on March 1 of each
year as provided in Section C of this Article.
E. Miscellaneous
1. The provisions of this policy shall not apply to the release or non-
reemployment of administrators who have been employed in positions for which a terminal date
was established at the time of employment.
2. Where the term "certification" is used herein, it shall mean that which is on
file in the office of the Assistant Superintendent of Support Services or designee as of January 15
of each year. Additional certification received after January 15 will be considered for
reinstatement but not for a reduction in force in such year.
203. While on layoff, administrators shall have the option to remain in the group
insurance of the District for one (1) year by paying the entire amount of the monthly premium for
such insurance.
4. Administrators whose contracts have not been renewed under this Article
shall not be denied the opportunity to substitute in the District by reason of that fact.
ARTICLE XIII
VACANCIES, ASSIGNMENTS AND TRANSFERS
A. Vacancy Announcements
1. Job vacancy announcements will be advertised by the Assistant
Superintendent of Support Services or designee. Announcements will include a job description,
salary, closing date, starting date, minimum qualifications for the position and details about
application and selection procedures.
2. A minimum time of four (4) days will be provided to allow interested
applicants to apply for the positions advertised.
3. Applications that are postmarked after the announced closing date shall not
be processed. Candidates with incomplete records will be given additional time, at the discretion
of the administration, to complete their files.
4. The application includes the following:
a. Application form
b. Credential file
c. Transcript of credits
d. South Dakota teaching certificate
e. Other pertinent materials furnished by the applicant.
5. Announcements of administrator/technician vacancies will be sent to ASBU
at the time of their posting.
B. Vacant/Open Positions
Position openings may be filled through the internal administrative transfer process
prior to announcing a vacancy. Position openings covered in the agreement will be announced to
administrators prior to posting the positions publically.
21ARTICLE XIV
RESIGNATIONS
A. Resignations shall be submitted to the Office of Human Resources prior to the
issuance and signing of a new contract for the ensuing school year. Resignations received after
the issuance and signing of a new contract shall be subject to the penalties listed under Breach
of Contract.
B. Resignations shall be filed in the Human Resource Office at least forty-five (45)
calendar days prior to the effective date of resignation. In the event the District finds and
contracts with a suitable replacement prior to the expiration of the forty-five (45) day period, the
employee may be released from contract at that time. Breach of Contract – If a breach of
contract occurs, the following penalty schedule shall apply:
July 15 – July 31 $500.00
August 1 – August 15 $1,000.00
August 16 – up to the first Duty Day $2,000.00
First Duty Day through the end – of the school year $3,000.00
The above shall be the District’s sole remedy.
C. In cases of emergency or circumstances beyond an individual’s control, or upon
mutual agreement between the employee and the District, a waiver may be granted by the
Board of Education. Such requests for a waiver should be made in writing to the Assistant
Superintendent of Support Services.
ARTICLE XV
EVALUATION PROCEDURES
Evaluation of administrators in their first three years of employment shall be completed
yearly. Evaluation of administrators in or beyond their fourth year of employment shall be done
every other year. Final evaluations shall be completed by June 15. Evaluations of administrators
being non-renewed shall be completed by April 1.
When conducted, the guiding principles governing evaluation relationships are as follows:
1. The person having the direct supervision over the evaluatee should serve as
prime evaluator.
222. Any persons who have professional relationships with the evaluatee can
serve as contributing evaluator.
The use of a contributing evaluator may be requested by either the evaluatee or prime
evaluator. The contributing evaluator must be mutually agreed upon by the evaluatee/evaluator.
Major areas of responsibility in which an individual may be appraised are established in
their job description and specific goals established with their supervisor.
ARTICLE XVI
GROUP INSURANCE PROGRAM
A. The District shall provide a group insurance program consisting of health, dental,
and life insurance. The benefits are as set forth in the Master Plan document on file in the
Business Office.
B. The District shall pay a flat rate (as defined in Schedule A) of coverage for all
administrators with a minimum of 5/10 contract electing to be covered under the employee-only.
C. Eligible employees may elect to obtain coverage under the program for their
dependents as defined in the master insurance policies. In such instances, the premium to be
paid for such employee and dependent coverage shall be shared (as defined in Schedule A).
D. When a husband and wife are both employees of the District and are therefore
eligible for the group insurance program, they may elect to obtain coverage in whichever plan they
select, but will each be required to pay the premium for single employee coverage.
E. Employees will be compensated up to $100 per claim toward replacement value for
personal property damaged or destroyed in the course of carrying out assigned duties, and
supervision of students from a $1,000 pool administered by the Business Office.
ARTICLE XVII
WORKER'S COMPENSATION
A. Any employee who is injured in the line of duty shall receive such compensation and
expenses as are prescribed by the Worker's Compensation Law of the State of South Dakota.
B. Such compensation shall be supplemented with an amount sufficient to maintain
such employee's regular salary for a period not to exceed his or her sick leave reserve.
C. Such sick leave reserve shall be charged only for that portion in excess of the
compensation payment.
23ARTICLE XVIII
RETIREMENT AND SEVERANCE PAY
A. Voluntary Early Retirement
1. Subject to the limitation set forth in paragraph B of this Article, any currently
employed administrator who is age 50 or above as of June 30, 2015, shall have the option to elect
early retirement at the end of such school year, provided the following conditions are met:
a. The administrator has attained the minimum age of fifty-eight (58) or
older on or before June 30 of the school year in which early retirement is elected; and
b. Provides written notice to the Office of Human Resources of his or her
intention to elect early retirement on or before February 1st; and
c. Is in or beyond his or her 15th consecutive full term of employment
within this bargaining unit.
Shall, subject to conditions and limitations specified in this Article, be entitled to receive an
early retirement benefit at the end of any such school year in the amount specified in the
administrator’s last contract or $80,000, whichever is less.
2. Subject to the limitation set forth in below in paragraph B of this Article, any
currently employed administrator who is between the ages of 45 and 49 as of June 30,2015,
shall have the option to elect early retirement at the end of any such school year, provided the
following conditions are met:
a. The administrator has attained the minimum age of sixty (60) or older
on or before June 30 of the school year in which early retirement is elected; and
b. Provides written notice to the Office of Human Resources of his or
her intention to elect early retirement on or before February 1st; and
c. Is in or beyond his or her 20th consecutive full term of employment
within this bargaining unit;
Shall, subject to conditions and limitations specified in this Article, be entitled to receive
an early retirement benefit at the end of any such contract or $60,000, whichever is less.
3. Subject to the limitation set forth below in paragraph B of this Article, any
currently employed administrator who is between the ages of 40 and 44 as of June 30,2015,
shall have the option to elect early retirement at the end of any such school year, provided the
following conditions are met:
24a. The administrator has attained the minimum age of sixty (60) or older
on or before June 30 of the school year in which early retirement is elected; and
b. Provides written notice to the Office of Human Resources of his or
her intention to elect early retirement on or before February 1st; and
c. Is in or beyond his or her 20th consecutive full term of employment
within this bargaining unit.
Shall, subject to conditions and limitations specified in this Article, be entitled to
receive an early retirement benefit at the end of any such school year in the amount specified in
the administrator’s last contract or $45,000, whichever is less.
4. Subject to the limitation set forth below in paragraph B of this Article, any
currently employed administrator who is age 39 or below as of June 30, 2015, shall have the
option to elect early retirement at the end of any such school year, provided the following
conditions are met:
a. The administrator has attained the minimum age of sixty (60) or older
on or before June 30 of the school year in which early retirement is elected; and
b. Provides written notice to the Office of Human Resources of his or
her intention to elect early retirement on or before February 1st; and
c. Is in or beyond his or her 20th consecutive full term of employment
within this bargaining unit.
Shall, subject to conditions and limitations specified in this Article, be entitled to receive
an early retirement benefit at the end of any such school year in the amount specified in the
administrator’s last contract or $30,000, whichever is less.
B. Limitation on Number of Applicants
1. The number of applicants accepted into the early retirement program in any
given year will be limited by the dollars available in the retirement fund. The district shall, in its
sole discretion determine the number of total employees from all bargaining units it can approve
for early retirement.
2. In the event that the benefits to be paid under applications filed prior to
February 1, exceed the funds available from the retirement fund, the determination of which
employees shall be entitled to receive early retirement benefits in that year from all groups shall
be made on a first come first serve basis.
253. Any administrator hired after July 1, 2015, is not eligible for this early
retirement benefit.
D. Upon retirement as provided above, the administrator shall be entitled to receive
an enhanced 403(b) non-ERISA employer-funded benefit plan in the amount of such individual
administrator's last contract salary, exclusive of extra pay for extra work salary, if any. In no
event shall any individual be entitled to receive the benefit provided by this policy more than
once. No administrator shall be eligible for retirement benefits unless during the school year
retirement is elected, the administrator has actually received regular monthly salary from the
District.
E. The enhanced 403(b) non-ERISA employer-funded benefit plan shall not exceed the
section 415(c) limit in any one (1) year and shall be payable in two (2) to ten (10) equal semi-
annual installments. The first installment may be paid after July 1 immediately following
retirement, with subsequent payments every six (6) months thereafter, until paid in full. At the
District’s discretion, due to the section 415(c) limit, the first installment may be delayed until
January, six (6) months after retirement. No interest shall be payable.
F. In the event an administrator entitled to a benefit hereunder shall die while all or part
of such benefit remains unpaid, such unpaid benefit or part thereof shall be paid to the
beneficiary, heirs or assigns designated by the administrator on a form prescribed by the Business
Office of the District. In the event no beneficiary, heirs and/or assigns designation has been
made, the unpaid benefit shall be paid to the estate of the deceased administrator. Payment by
the District in accord herewith shall fully discharge the District's obligation under this article.
G. Any administrator electing early retirement may continue his or her participation in
the District's group insurance program until age 65. Such administrator shall pay 100% of the
premium for his or her coverage.
Said premium shall be paid at such time and in such manner as required by the
District.
H. Severance Pay
1. Upon retirement or death, eligible administrators or their beneficiaries shall
receive severance pay according to one (1) of the following formulas, whichever is greater:
a. One-half (1/2) of their accumulated unused days of sick leave not to
exceed ninety (90) days, or
26b. Up to, but not in excess of sixty-five (65) days of their actual
accumulated unused sick leave.
To be eligible, an administrator must have served a minimum of seven (7) consecutive
years with the District.
2. Any administrator who has reached the following minimum ages and who
has been employed in the District for the minimum number of years:
7 years if between the ages 65 and beyond;
8 years if age 64;
9 years if age 63;
10 years if age 62;
11 years if age 61;
12 years if age 60;
13 years if age 59;
14 years if age 58;
15 years if age 57;
16 years if age 56;
17 years if age 55;
upon terminating his or her employment in the District (if upon resignation during the school year,
such resignation must be appropriately approved) shall receive severance pay according to one
(1) of the formulas set forth in subsection 1 above, whichever is greater.
"Age" used for purposes of this section is the age of the administrator attained on or before
June 30 preceding the retirement.
3. Upon qualifying, the employee’s severance payment, if at least $600 or
more, will be transmitted to the South Dakota Retirement System Special Pay Plan (IRS 401a
plan). If the employee severance payment amount is less than $600, it will be paid directly to
the employee, less applicable payroll taxes. The amount contributed to the 401a plan for any
individual employee may not exceed the IRS 415c limit in any one (1) calendar year.
4. The amount of severance pay shall be determined by the administrator's
basic salary at the time he or she leaves employment.
5. Upon retirement or death hereunder, all administrators who have served a
minimum of seven (7) years in the District will be issued a "Life Pass" to all District activities. This
will include the husband or wife.
27ARTICLE XIX
SUSPENSION AND DISMISSAL
In the event, the District desires to terminate the employment of any employee covered by
this agreement, it shall provide written notice to the employee. The notice shall include the
reasons for the proposed decision, and shall provide the administrator with an opportunity to
request a hearing before the Board of Education. Within seven (7) working days from the date of
the notice, the administrator may request a hearing before the Board.
If a hearing is requested, the Board shall hold the same within seven (7) working days or at
its next regular meeting whichever occurs later. At the hearing, the administrator shall have the
right to representation by counsel at the administrator’s sole expense. In addition the
administrator shall have the right to hear the evidence, to cross-examine any person called as a
witness by the District, and to present evidence and testimony on the administrator’s behalf.
Within five (5) working days after the hearing, the Board shall render its decision and notify
the administrator in writing of its final decision. The administrator shall have the right of appeal to
the Department of Labor.
It is specifically and expressly understood and agreed that taking an appeal to said Director
constitutes an election of remedies and a waiver of any and all rights by the appealing party or
parties and his or their representative to litigate or otherwise contest the appealed subject matter
in any court under SDCL 13-46, except in the form of an appeal from the decision of the Director
of the Division of Labor and Management Relations as provided in SDCL 1-26.
Nothing herein shall prevent the Board from suspending any administrator from
employment without pay pending the completion of any investigation into the events surrounding
the facts concerning possible termination, or pending the completion of any criminal proceedings
which serve as the basis for possible termination. In the event the Board determines that
termination of employment is not warranted, it may determine, in its sole discretion, to make
payment of salary for all or part of any period of suspension.
28The parties agree that the procedure specified herein shall be in lieu of any other
substantive or procedural rights due to the employee under any state or federal law. Institution of
this procedure constitutes a waiver of any other procedural due process rights owed to the
administrator or the District.
ARTICLE XX
PERSONNEL FILES AND COMPLAINTS AGAINST EMPLOYEES
A. An employee, while employed by the District, shall have the right, upon request, to
review the nonconfidential contents of his/her personnel file and to receive copies at his/her own
expense of any documents contained therein. An employee shall be entitled to have a
representative of the Association accompany him/her during such review. An employee shall
have the right to indicate those documents or other materials in his/her file which he/she believes
to be obsolete or otherwise inappropriate to retain. Such documents shall be reviewed by the
Superintendent or designee. If in his/her judgment, the Superintendent or designee agrees that
they are obsolete or otherwise inappropriate to retain, they shall be destroyed.
B. Materials placed in an employee's personnel file subsequent to the initial hiring
documents shall not be designated as confidential and shall be subject to employee review. Only
the information and materials placed in the official personnel files may be used in any action which
involves or could involve employment decisions.
The employee shall acknowledge that he/she has had the opportunity to review such
material by affixing his/her signature to the copy to be filed. Signing of the form by the employee
shall not imply agreement with the contents of the document but merely indicates that the
contents of the document were discussed. The employee shall also have the right to submit a
written answer to such material, such answer to be submitted to the employee's immediate
supervisor and forwarded to the Superintendent or his/her designee to be attached to the file copy
and placed in such employee's personnel file.
C. Non-administrative material of a derogatory nature may be removed from an
employee's personnel file at the request of the employee provided that the personnel file does not
reflect a reoccurrence for a minimum period of five (5) years.
D. Any complaint regarding an employee made to any member of the administration or
Board of Education by any parent, student, or other person which is used in any manner in
29You can also read
