CAPE MAY COUNTY SPECIAL SERVICES BOARD OF EDUCATION
CAPE MAY COUNTY SPECIAL SERVICES
July 1, 2005 — June 30, 2008
TABLE OF CONTENTS
Preamble Page (i)
Recognition - Article I Page 1
Negotiations Procedure - Article Il Page 2
Grievance Procedure - Article III Page 3
Insurance Programs - Article IV Page 6
Vacation Policy - Article V Page 7
Sick Leave/Personal Leave - Article VI Page 8
Leaves of Absence - Article VII Page 8
Program Managers’ Rights and Benefits - Article VIII Page 9
Legality of Agreement - Article IX Page 10
Salary - Article X Page 11
Duration of Agreement - Article XI Page 14
This agreement entered into by and between the Cape May County Special Services Non-Instructional Administrators Association, hereinafter called the "Association", and Board of Education of the Cape May County Schools for Special Services, hereinafter called the "Board", to be effective as of July 1, 2005, and to continue in effect until June 30, 2008, and shall continue in full force and effect from year to year thereafter.
(References to males shall also include females)
In accordance with Chapter 123, Public Laws of 1974, the Cape May County Special Services School District Board of Education hereby recognizes the Cape May County Special Services Non-Instructional Administrators Association as the exclusive representative for collective negotiations concerning grievances and terms and conditions of employment for all Non-Instructional Administrators in the district whether under contract, on leave, on a per diem basis, employed or to be employed by the Board. Currently the Non-Instructional Administrators Association represents individuals with the following titles:
• Food Services Director
• Transportation Supervisor
• Adult Day Health Care Program Manager
A. The Board and the Association shall engage in good faith bargaining in accordance with the
schedule established by law.
B. In preparation for and during negotiations, the Board and the Association shall exchange
relevant data as requested by the other party.
C. Whenever any member of this Association is mutually scheduled by the parties to
participate during working hours in negotiations, grievance proceedings, conferences or
meetings, he shall suffer no loss of pay and/or benefits.
The term "grievance" means a complaint by any employee that, as to him, there has been an
inequitable, improper or unjust application, interpretation or violation of a policy,
agreement or administrative decision affecting said employee.
The term "employee" shall mean any member of the bargaining unit as defined in Article I
of this Agreement.
The term "representative" shall include the Cape May County Special Services Non-
Instructional Administrator Association or any person designated by the Association or by the
Board to act on its or their behalf and to represent it or them.
The term "immediate" superior shall mean the person to whom the aggrieved employee is
directly responsible under the Table of Organization prevailing in the school district.
(See Appendix A)
The term "party" means an aggrieved employee, his immediate superior, the school
principal, or any staff member below the Superintendent who may be affected by the
determination of the Superintendent in connection with the procedure herein established.B. Purpose
1. The purpose of the grievance procedure is to resolve at the lowest possible level
differences concerning the rights of both parties regarding terms and conditions of
2. The intent is also to secure uniform and appropriate method of resolving disputes
and problems in a consistent manner. Therefore, this grievance procedure will be
the sole method to formally resolve such disputes and the final outcomes of this
procedure will become the official interpretation and understanding between the
Board and the Association.
3. Failure to respond to a grievance within the time limits specified herein will permit
the grievance to be presented at the next level. Failure of the grievant to appeal
within the time limits specified herein will be deemed to be acceptance of the
disposition at the preceding level.
C. 1. A grievance shall be deemed waived and barred and outside the jurisdiction of an
arbitrator if it is not presented in writing within twenty (20) school days after the
administrator would be reasonably expected to know of its occurrence.
2. An employee processing a grievance shall be assured freedom from restraint,
interference, coercion, discrimination or reprisal.
3. In the presentation of a grievance, the employee shall have the right to present his
own appeal or to designate a representative to appear with him at any step in his
4. An employee shall first discuss his grievance orally with his immediate superior.
In the case of principal, the term "immediate superior" shall be the Superintendent.
5. If the grievance is not resolved to the employee's satisfaction within five (5) school days from the determination referred to in Paragraph 4 above, the employee shall submit his grievance to the Superintendent of Schools in writing, specifying:
(a) the act or omission complained of;
(b) the specific article of the contract or policy alleged to be violated; and
(c) the remedy sought.
6. Within five (5) school days from the receipt of the written grievance (unless a different
period is mutually agreed upon), the Superintendent shall hold a hearing at which all
parties in interest shall have the right to be heard.
7. Within five (5) school days of said hearing (unless a different period is mutually
agreed upon), the Superintendent shall, in writing, advise the employee and his representative, if there be one, of his determination.
8. In the event of the failure of the Superintendent to act in accordance with the
provisions of Paragraphs 6 and 7, or, in the event a determination by him in
accordance with the provisions thereof is deemed unsatisfactory by either party the
dissatisfied party, within ten (10) school days of the determination by him, may
appeal to the Board of Education.
9. Where an appeal is taken to the Board, there shall be submitted by the appellant:
(a) the writing set forth in Paragraphs 5 and 7; and
(b ) a copy of said materials shall be furnished to the Superintendent.
10. If the appellant, in his appeal to the Board, does not request a hearing, the Board
may consider the appeal on the written record submitted to it, or the Board may, on
its own, conduct a hearing; or it may request the submission of additional written
material. Where additional written materials are requested by the Board, copies
thereof shall be served upon the adverse parties who shall have the right to reply
thereto. Where the appellant requests in writing a hearing before the Board, a
hearing shall be held.
11. The Board shall make a determination within forty-five (45) days from the receipt
of the grievance and shall in writing notify the employee, his representative if there
be one, the principal and the Superintendent of its determination. This time period
may be extended by mutual agreement of the parties.
12. If the aggrieved person is not satisfied with the disposition of the grievance as
determined by the Board, or if no decision has been rendered within the forty-five
(45) school days after the grievance was delivered to the Board of Education, a
grievance which is based solely upon a claimed violation, misinterpretation or
misapplication of the express written terms of this Agreement may be submitted to
arbitration. In all other grievances, the disposition of the grievance by the Board
will be final.
The Board and the Association shall attempt to agree upon a mutually acceptable
arbitrator and shall obtain a commitment from said arbitrator to serve.
If the parties are unable to agree upon an arbitrator or to obtain such commitment
within the specified period, a request for a list of arbitrators may be made to the American
Arbitration Association by either party. The parties shall then be bound by the rules and
procedures of the American Arbitration Association in the selection of an arbitrator.
The Board of Education shall provide for the members of the Cape May County Special Services
Non-Instructional Administrators Association, all health-care and other insurance coverage provided for teachers at no cost to the members of the Association. This coverage shall continue in effect until this Agreement is replaced by a successor Agreement mutually agreed to by the Board and the Association.
The Board of Education shall provide each member of the Non-Instructional Administrators Association current providers approved by the Board of Education, or an equivalent income protection plan to be selected by the Non-Instructional Administrator at a cost not to exceed $400.00 per year.
Non-Instructional Administrators employed prior to June 30, 1992 shall be entitled to twenty-two (22) days vacation per year. Those Non-Instructional Administrators hired after July 1, 1992 will be entitled to a vacation period according to the number of years as a member of this Association.
after 1 year experience - 15 days
after 4 years experience -20 days
after 10 years experience - 22 days
Non-Instructional Administrators are encouraged to use their vacation time. Annual leave that is not used by the end of the school year may be reimbursed with the approval of the Superintendent and the Board of
Education at the end of the school year on a per diem basis at the rate earned not to exceed five days.
Any Non-Instructional Administrator who does not receive his/her full vacation time in any one year may bank no more than five days towards the next year's vacation time, and add these five days to the number he/she is entitled to for that particular year.
SICK LEAVE/PERSONAL LEAVE
Non-Instructional Administrators shall be granted twelve (12) accruable sick days per fiscal year commencing July 1 and concluding June 30. Any unused sick leave shall be cumulative from year to year, and each Association member shall receive an annual accounting of days accrued.
Arrangements of additional unpaid leave in cases of emergency may be made at the discretion of the
Non-Instructional Administrators shall be granted four (4) personal days. Unused personal days remaining at the conclusion of the school year shall be converted to the sick day bank.
LEAVES OF ABSENCE
Non-Instructional Administrators shall receive no less beneficial programs than those received by employees whom they supervise.
NON-INSTRUCTIONAL ADMINISTRATORS’ RIGHTS AND BENEFITS
A. Except as this Agreement shall hereinafter otherwise provide, all terms and conditions of employment previously enjoyed shall continue to be so applicable during the terms of the Agreement. Unless otherwise provided in this Agreement, nothing contained herein shall be interpreted and/or applied so as to eliminate, reduce or otherwise detract from any Non-
Instructional Administrators’ benefits existing prior to its effective date.
B. Non-Instructional Administrators shall be evaluated at least one (1) time per fiscal year
commencing July 1 and concluding June 30 by their immediate supervisor as shown in the
prevailing district Organizational Chart. An appropriate evaluation form shall be mutually developed by the Association and the appropriate Administrator. All such evaluations shall
be made in writing, followed within five (5) days by a conference with the Non-Instructional
Administrator. Each employee will have the opportunity to disagree or concur with its content verbally and in writing. In addition to the evaluation, there shall be an annual review which includes a Professional Improvement Plan (PIP), to be developed mutually. All such correspondence shall become part of the Non-Instructional Administrator’s personnel file.
C. All personnel represented by the Association shall be permitted reasonable perusal of their complete personnel file in the presence of the Superintendent or his/her designee. Each shall be permitted an opportunity to place written communications in such file in response to material placed in the file.
D. Prior notice to appear before the Board of any committee or member including the Superintendent of Schools concerning any matter which could adversely affect the continuation of that Non-
Instructional Administrator in his/her office, position or employment of the salary or any increments pertaining thereto, shall be given in writing and shall include the reasons for such meeting or interview.
E. A Non-Instructional Administrator shall be entitled to representative of the Association to advise him/her and represent him/her at any meeting or interview with the Superintendent, Board or committee of Board members thereof which might adversely affect his/her employment status.
F. Should a Non-Instructional Administrator be relieved of his/her duties, the Board will pay a Non-Instructional Administrator according to the schedule as established by N.J.S.A. 18A:6-14 and 18A:25-6.
G. Contracts will be issued and salaries established for all members of this unit no later than
April 30 of each year.
LEGALITY OF AGREEMENT
In the event that any portion of this contact shall be deemed to be in violation of the law, the remainder of the contract shall remain in full force and effect.
The Board of Education shall pay employee's dues for supervisor's membership to one state
association for an amount not to exceed $500.00. Requests for memberships must be submitted
to and approved by the Superintendent.
2005-2006 Base Salary Increase Total Base Longevity Total Salary
Patricia Elisano $51,522.00 $3,000.00 $54,522.00 $1800.00 $56,322.00
Frederick Conlow $41,007.00 $3993.00 $45,000.00 $45,000.00
Deborah Smyth $33,191.00 $5809.00 $39,000.00 $39,000.00
Patricia Elisano $54,522.00 $2453.00 $56,975.00 $1800.00 $58,775.00
Frederick Conlow $45,000.00 $2025.00 $47,025.00 $47,025.00
Deborah Smyth $39,000.00 $1755.00 $40,755.00 $40,755.00
Patricia Elisano $56,975.00 $2564.00 $59,539.00 $1800.00 $61,339.00
Frederick Conlow $47,025.00 $2116.00 $49,141.00 $49,141.00
Deborah Smyth $40,755.00 $1834.00 $42,589.00 $42,589.00
C. Tuition Reimbursement
1. The Board will reimburse each member of the Association for graduate or undergraduate tuition
only up to the maximum charged for tuition as set by Rowan College and not to exceed six
credits for any school year. Tuition reimbursement shall be available for all employees of the
bargaining unit after employment of one (1) year. A year includes the time between July 1 and
June 30. When the employee submits the bill after the course or courses have been successfully
completed, the employee must be under contract and have full intention to continue in the
Special Services School District.
2. The course or courses must be in the field of the employee’s assignment or a related field and
must be approved by the Superintendent on the appropriate form before the course is taken by
the employee. At the close of the course, proof of the credit earned must be submitted to the
D. Accumulated Sick Leave
Members of the Association shall be reimbursed for unused sick leave upon retirement,
leaving the district, or death, after 15 years service to the district, or 10 years as a Non-
Instructional Administrator, at the rate of $55.00 per day with a $7,500 cap.
E. Mileage Reimbursement
The Board of Education will reimburse members of the Association for using their
automobiles while conducting school business at the current IRS rate. Tolls will also be
reimbursed when a receipt is submitted. Prior approval from the administration is
necessary for authorization to use private vehicles for school business.
F. Death Benefits
If a member of the Association dies while in service, accumulated sick leave benefits and
payment for all vacation days accrued, as mutually agreed upon, shall be paid to the estate
at the rate those days were earned.
Beginning with the 18th year of experience in the district in any capacity, members of the
group will receive longevity pay of $1,800. Members of the Association will receive
longevity pay of $1,100 after completion of 11 years of service in the district and $1,300
after completion of 15 years of service in the district.
H. Professional Conferences
Non-Instructional Administrators will be permitted to attend professional conferences with the prior
approval of the Superintendent and Board of Education. Registration, travel, lodging,
and meals will be eligible for payment by the Board of Education within the limits set.
A sum total of $1,800 for the Non-Instructional Administrators within this unit will be allotted,
with a maximum of $l,000 per conference.
DURATION OF AGREEMENT
This Agreement shall be effective July 1, 2005 and continue in effect until June 30, 2008.
Except as provided within this Agreement to the contrary, all terms and conditions of employment applicable on the effective date of this Agreement shall continue to be so applicable until a new Agreement is ratified by all parties.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be signed by their duly authorized officers this day of _ , 2005.
Cape May County Special Services Cape May County Special Services
Non-Instructional Administrators’ Association Board of Education
By: _____________________________ By: ______________________________
By: _____________________________ By: ______________________________