Contract Between
Keyport B/E-Monmouth
- and -
Keyport Sch Admin Assn
* * *
07/01/2005 thru 06/30/2008


CategorySchool District
UnitAdministrators

Contract Text Below
12




ALPHABETICAL INDEX




ADMINISTRATORS’ CONTRACTUAL YEAR V 5

ARBITRATION III 4

ASSOCIATION RIGHTS & PRIVILEGES IV 5

DURATION OF AGREEMENT XIV 12

EXTENDED LEAVES OF ABSENCE IX 9

GRIEVANCE PROCEDURE II 2

INSURANCE PROTECTION X 10

LETTER OF REPRIMAND XIII 12

PROFESSIONAL ORGANIZATION XI 11

RECOGNITION I 2

SALARIES VI 6

SAVINGS CLAUSE XII 11

SICK LEAVE VII 7

TEMPORARY LEAVES OF ABSENCE VIII 8


ARTICLE I

RECOGNITION

The Keyport Board of Education hereby recognizes the Keyport School Administrators Association as the representative for the following administrative personnel for the purpose of collective negotiations:

1. Principal, High School
2. Vice Principal, High School
3. Principal, Elementary School
4. Vice Principal, Elementary School
5. Director of Pupil Personnel Services
6. Director of Curriculum & Instruction
7. Technology Supervisor

The term “administrator” when used hereinafter in this Agreement shall refer to all employees in the bargaining unit as above defined. The term “Association” when used hereinafter shall refer to the Keyport School Administrators Association. The term “Board” when used hereinafter shall refer to the Keyport Board of Education.
ARTICLE II

GRIEVANCE PROCEDURE


A. Definition: Grievance shall mean a claim by an administrator that alleges there has been a violation of the agreement or an inequitable, improper or unjust application of Board policy or administrative decision with regard to working conditions, except that the term grievance shall not apply to the following:
      1. Any matter wherein the Board is precluded by law from granting relief sought.

      2. Any rule or regulation of the State Commissioner of Education or the State Board of Education having the force and effect of law.

      3. Any matter which is demonstrated by law to be exclusively within the discretion of the Board.

      4. Any matter for which a method of review is otherwise specifically prescribed by law, i.e. tenure and increment reviews.

      A grievance to be considered under this procedure must be initiated by the
      administrator within ten (10) working days after he/she would reasonably be
      expected to know of its occurrence. Failure to act within said ten (10) days shall be
      deemed to constitute an abandonment of the grievance.
B. 1. It is agreed by both parties that these proceedings will be kept as informal and
      confidential as may be appropriate at any level of this procedure.

      2. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved employee to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step.

      3. It is agreed and understood that all administrators, including the grievant, shall, during and not withstanding the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the Board until such grievance or grievances and any effort thereof shall have been fully determined.

      4. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process.
C. 1. Level One: Any administrators who have a grievance shall discuss it
          first, within five (5) working days of the grievance, with the Superintendent of Schools or his immediate supervisor, in an attempt to resolve the matter informally at that level.
      2. Level Two: If, as a result of the informal discussion, the matter is not resolved
          to the satisfaction of the administrators, within five (5) working days, he/she shall set forth his/her grievance in writing directly to the Superintendent of Schools specifying:

          a. the nature of the grievance and the date of the event
          b. the solution sought
          c. the result of previous discussions
          d. dissatisfaction with decision previously rendered.

          A decision shall be communicated, with reasons, to the Administrator within seven (7) working days of the receipt of the written grievance.
      3. Level Three: If the administrators are not satisfied with the disposition of
          his/her grievance at “Level Two”, he/she may file his/her grievance in writing to the Board of Education. The Superintendent shall then attach all related documents and shall forward all papers to the Board of Education within three (3) working days. The Board of Education shall schedule a hearing with the administrators within ten (10) working days of the receipt of the grievance. After the hearing is held, the Board shall render a decision in writing within ten (10) working days of that hearing.
ARTICLE III

ARBITRATION

A. Should the Association be dissatisfied with the decision on the grievance rendered by
      the Board, and if it involves the interpretation or application of any provision of this agreement it may, by a written notice to the Board not later than ten (10) school days following the rendering of the Board’s decision, refer the grievance to binding arbitration.
B. Within fifteen (15) school days following reference to arbitration, 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 a commitment within the specified period, a request for a list of arbitrators may be made to the NJ Public Employment Relations Commission by either party. The parties shall then be bound by the rules and procedures of the NJ Public Employment Relations Commission in the selection of an arbitrator.
C. The arbitrator shall issue his/her decision not later than thirty (30) days from the date
      of the closing of the hearing or, if oral hearings have been waived, then from the date of transmitting the final statements and proofs to the arbitrator. The decision shall be in writing and shall set forth the arbitrator’s opinion and conclusions on issues submitted. The arbitrator shall limit his/her decision strictly to the application and interpretation of the provisions of this agreement and he/she shall be without power or authority to make any decision:

      1. Contrary to, or inconsistent with, or modifying or varying in any way, the
          terms of this agreement, or of applicable law or rules or regulations having the force and effect of law.
      2. Involving Board policy or practice under provisions of this agreement, or
          under applicable law, except he/she may decide in a particular case that the Board policy, practice or administrative decision was disregarded or that it attempted application under any terms of this agreement was so discriminatory, arbitrary, or capricious as to constitute an abuse of discretion.
      3. Limiting or interfering in any way with the powers, duties and responsibilities
          of the Board under applicable law, and rules and regulations having the force and effect of law.
D. The arbitrator’s fee will be shared equally by the parties to the dispute.

E. The filing or pendency of any grievance under the provision of this Article shall in
      no way operate to impede, delay or interfere with the right of the Board to take the action complained of, subject, however, to the final decision on the grievance.
      ARTICLE IV

      ASSOCIATION RIGHTS AND PRIVILEGES
A. There shall be upon request of either the Board or Association a mutual exchange of
      available financial information relating to the resources of the school district and any other available information that may be helpful in resolving problems of mutual concern.
B. Should the Association request the use of a schoolroom to transact official Association business, such request will be granted provided:

1. The request is made to the Superintendent at least three (3) days before the use
      of the room would occur.
2. The room is available for the date requested.

C. Should the Association request the use of a school room to transact official
      Association business during the evening hours, the Association must make application for such use through the office of the Secretary to the Board. Such requests will be handled in accordance with Board policy and in the same manner as all other requests for use of school rooms.
      ARTICLE V

      ADMINISTRATORS’ CONTRACTUAL YEAR
A. Twelve month administrators shall earn vacation days for each full month worked as follows: One and two thirds (1 2/3) days after completion of one year; one and ten twelfths (1 10/12) days after completion of five years; two and one- twelfth (2 1/12) days after completion of ten years. Accrued vacation days may be utilized after three months of employment. Exceptions may be made for the winter and spring recess periods with the approval of the Superintendent of Schools.
      1. Vacation days may be taken while school is in session,
      with the approval of the Superintendent.

      2. A maximum of five (5) accrued vacation days may be carried to the following year.

      3. Any accrued vacation days exceeding the aforementioned five (5) days shall be deleted without compensation.

      4. Accrued vacation days not taken in final year of employment with district shall be paid at 1/240 x salary of the year in which time was earned.

      5. After completion of one year of employment, all vacation days earned and accrued may be used through August 31, with the exception of the permissible maximum carry over of five (5) accrued vacation days, after which they shall be deleted without compensation.
B. During the school year 12 month administrators shall be entitled to 14 holidays and 10 month administrators shall be entitled to 13 holidays as set forth below:

July 1 day Independence Day
September 1 day Labor Day
November 4 days Thanksgiving Recess & Convention Days
December 2 days Christmas Holiday
January 2 days New Year’s Day & Martin Luther King Day
February 1 day President’s Day
March/April 2 days Good Friday and Easter Monday
May 1 day Memorial Day


ARTICLE VI

SALARIES

A. The salaries of all administrators covered by this agreement are set forth in the salary guide which is attached hereto and made part hereof, effective July 1, 2005.

B. 1. Administrators employed on a twelve month basis shall be paid in
          twenty-four (24) equal semi-monthly installments. Ten month administrators shall be paid in twenty (20) equal semi-monthly installments.
      2. When pay day falls on or during a school holiday, vacation or weekend,
          administrators shall receive their pay checks on the last previous working day.
    C. Administrators may, at their option, have deducted from their salaries a
        specified amount to be paid into their accounts in the Monmouth-Ocean Federal Credit Union.
      D. Veterans shall be allowed full credit for each full year of military service up to
          and including four years.

      E. A graduate course, professional related seminars, workshops, etc. shall be reimbursed at the cost of the program or, in the case of graduate courses, at the prevailing rate of Rutgers, The State University. All course work or any other professional development program for which reimbursement will be made must have prior approval of the Superintendent.
        F. Reimbursement for tuition and/or expenses outlined in paragraph “E” will be made after submission of academic records for the courses.
          G. All administrators with an earned doctorate will receive a $2,500 stipend above their step on the guide.
            H. A sum of $5,000 will be placed annually by the Board in the budget. The sum is to be expended by two administrators to attend different regional, state, and/or national conferences related to their jobs on a rotating basis approved by the Superintendent. All members of the Association who may need to utilize their automobiles for such travel will be reimbursed at the Federal IRS Rate per mile.
              I. The Board of Education shall compensate any one administrator or supervisor responsible for a non-entitlement grant or grants coming into the district
                  with a 3% stipend of the total amount, up to and not to exceed $2,000. This amount
                  shall be paid for each year the grant is to be in effect.

                  ARTICLE VII

                  SICK LEAVE

                  A. All administrators employed by the Board of Education on a twelve (12) month contract shall be entitled to twelve (12) sick days each school year. Unused sick leave days shall be accumulated from year to year with no maximum limit.

                  B. No sick leave days heretofore accumulated shall be eliminated, but shall remain in effect.

                  C. The Board at its discretion may grant additional sick leave.

                  D. Any administrator who has completed a minimum of nine (9) years in the Keyport School System and retires or terminates employment with the Board for any reason other than the result of charges brought by the Board, and if appealed and sustained by the Commissioner of Education, shall be paid $65.00 per day for all accumulated sick days for all employees with a cap of 220 days.

                  In the event of the death of a member while in the employment of the Keyport Board, the beneficiary, as designated on the non-contributory insurance, will receive the benefits as outlined above.
                  ARTICLE VIII

                  TEMPORARY LEAVES OF ABSENCE
              Administrators shall be entitled to the following temporary nonaccumulative leaves of absence with full pay each school year:
                  1. Four (4) days leave of absence for personal, legal, business, household or family matters which require absence during school hours. Application for personal leave shall be made at least two (2) days before taking such leave (except in case of emergencies) and the applicant for such leave shall not be required to state the reason for taking such leave other than he/she is taking it under this section.
                      Three (3) unused personal days would be added to the accumulated sick days at the end of each school year.

                  2. Time necessary for appearance in any legal proceeding which arises out of or in the course of the administrator’s employment or in any other legal proceeding if the administrator is required by subpoena to attend and is not a party to a suit. If an employee is a party to a suit which does not arise out of or in the course of his/her employment, absence from school in that connection shall require the use of personal days/vacation time.

                  3. Up to five (5) days at any time in the event of death of an administrator’s spouse, child, parent, brother, sister, mother-in-law, father-in-law, grandparents or any other member of the administrator’s family living in the administrator’s household.

                  Up to a maximum of two (2) days during the school year for serious illness of an administrator’s spouse, child, parent, or any other member of the administrator’s family living within the administrator’s household. At the request of the superintendent the administrator shall present a physician’s certificate in connection with the request for time off under this section.

                  4. Any administrator who is a member of the reserve forces of any branch of the military or of the National Guard shall be entitled to a leave of absence from his/her respective duties with full pay and time on all days during which he/she shall be engaged in active duty, active duty for training or other duty ordered by the Governor or the President of the United States, provided, that the leave of absence for active duty or active duty for training shall not exceed ninety (90) days in the aggregate in any one year.

                  5. Other leaves of absence with pay may be granted by the Board for good reason.
                  ARTICLE IX

                  EXTENDED LEAVES OF ABSENCE

                  A. The Board agrees that one tenured administrator designated by the Association shall, upon request, be granted a leave of absence without pay for up to one (1) year for the purpose of engaging in activities of the Association of its affiliates.

                  B. A leave of absence without pay up to two (2) years shall be granted to any tenured administrator who joins the Peace Corp, Vista, National Teachers Corps, or serves as an exchange administrator or overseas administrator, and is a full-time participant in either of such programs, or accepts a Fulbright Scholarship.

                  C. A tenured administrator shall be granted a leave of absence without pay for up to one (1) year to be an administrator or to teach in an accredited college or university.

                  D. 1. Military leave without pay shall be granted for a period of time not to
                          extend beyond four (4) years, to any administrator who is inducted or enlists in any branch of the Armed Forces of the United States.
                      2. Should the spouse of an administrator who is inducted or enlists be a
                          tenured teacher within the district, the spouse will be granted leave without pay for the same period. The benefits provided for the administrator in military service as outlined in Section H.1. of this article shall not accrue to the spouse during the leave of absence.
                  E. 1. An administrator shall be granted maternity or paternity leave without
                          pay upon written request. The request for maternity or paternity leave shall be granted without pay in accordance with the statute and rules and regulations of the State Board of Education. The duration for maternity leave shall not exceed one year. Leave granted under this provision shall not be in addition to leave permitted under State and/or Federal regulations.
                      2. Any administrator adopting an infant child may receive similar leave
                          which shall commence upon his/her receiving de facto custody of said infant, or earlier if necessary to fulfill the requirements for the adoption.
                      3. No administrator on maternity leave shall, on the basis of said leave, be
                          denied the opportunity to substitute in the Keyport School District in the area of her certification or competence.
                  F. A leave of absence without pay up to one (1) year shall be granted to a tenured
                      administrator for the purpose of caring for a sick member of the administrator’s immediate family. Additional leave may be granted at the discretion of the Board.
                  G. Other leaves of absence without pay may be granted to tenured administrators
                  by the Board for good reason.
              H. 1. Upon return from leave granted pursuant to Section D of this Article,
                          an administrator shall be considered as if he/she were actively employed by the Board during the leave and shall be placed on the salary schedule at the level he/she would have achieved if he/she had not been absent, provided, however, that the time spent on leaves under section D shall not count toward the fulfillment of the time requirements for acquiring tenure. An administrator shall not receive increment credit for time spent on leave granted pursuant to Sections D, F, and G of this Article.
                      2. All benefits to which an administrator was entitled at the time his/her
                          leave of absence commenced, including unused accumulated sick leave, shall be restored to him/her upon their return, and he/she be assigned to the same position, if available, which he/she held at the time said leave commenced, or, if the same position is not available, to a substantially equivalent position.
              I. All extensions or renewals of leaves shall be applied for and granted in writing.
              ARTICLE X

              INSURANCE PROTECTION

              A. The Board shall pay the cost of a Hospital Service Plan and Major Medical for all
              employees and where requested for family coverage.

              B. A Dental Plan, family coverage, shall commence only after the individual staff member makes application and then in accordance with the provisions of paragraph B. of this Article. The employee contribution toward the cost of the Dental Plan shall continue during the term of this Agreement. For the 2006-07 school year, the employee contribution shall continue at the same dollar amount as the 2005-06 school year. For the 2007-08 school year, the increase in employee contributions shall be based on the increase in premium from the 2005-06 to the 2006-07 school year and shall be split between the Board and the employees on a 60%/40% basis per prior practice.

              C. The employee contribution toward the cost of the $3.00/$1.00 Family Co-pay Prescription Drug Plan shall continue during the term of this agreement. For the 2006-07 school year, the employee contribution shall continue at the same dollar amount as the 2005-06 school year. For the 2007-08 school year, the increase in employee contributions shall be based on the increase in premium from the 2005-06 to the 2006-07 school year and shall be split between the Board and the employees on a 60%/40% basis per prior practice.

              D. The administration of the above named coverage shall be controlled by the rules and regulations of such plans, and the Board shall be in no way responsible for these rules.

              E. To insure that each administrator has the proper coverage under this Article, the Board shall during the school year provide a listing of the coverage of each administrator. In addition, the Board shall provide the Association with the rates for all categories in the various insurance plans listed above.

              F. To insure that each administrator has the proper coverage under this Article the Board shall during the school year provide a listing of the coverage of each administrator upon request.

                              ARTICLE XI

              PROFESSIONAL ORGANIZATIONS

              Because of the advantages to the school derived from employees being active members in
              professional organizations, dues to two of the following organizations will be paid for by the
              Board for each district administrator upon approval of the Superintendent:

              National Association of School Administrators
              National Association of Elementary School Principals
              New Jersey Principals and Supervisors Association National Association of Secondary School Principals
              New Jersey Personnel & Guidance Association
              New Jersey Council of School Administrators
              Association for Supervision and Curriculum Development

              ARTICLE XII

              SAVINGS CLAUSE

              Should any provision hereof, or the application of any such provision to any person or
              circumstance, be rendered or declared invalid by reason of any existing or subsequently
              enacted legislation or by decree of a court of competent jurisdiction, or by any order of
              any administrative agency, state, federal, the remainder of this Agreement, or the application
              of any such provision to such persons or circumstances other than those as to which it is held
              invalid, shall not be affected thereby.
              ARTICLE XIII

              LETTERS OF REPRIMAND

              Any administrator receiving a letter of reprimand shall have the right to meet with the Board
              of Education to discuss the contents of the letter prior to it being placed in his/her personnel
              file.
              ARTICLE XIV

              DURATION OF AGREEMENT

              A. This agreement shall be effective as of July 1, 2005 and all of the foregoing terms shall remain in full force and effect until June 30, 2008. Negotiations for a subsequent agreement will commence during the second week of October 2007 unless another date is otherwise mutually agreed upon.

              B. In witness whereof the parties hereto have caused this Agreement to be signed by their respective presidents, attested by their respective secretaries, and their corporate seals to be placed hereon, all on the day and year first written above.


              KEYPORT SCHOOL KEYPORT BOARD OF EDUCATION
              ADMINISTRATORS
              ASSOCIATION


              By_______________________ By_____________________________
              President President


              By_______________________ By_____________________________
              Secretary Secretary




              File: ADMINISTRATORS CONTRACT


              Keyport BE and Keyport Sch Admin Assn 2005.pdf