| AGREEMENT
BETWEEN
DEPTFORD TOWNSHIP BOARD OF EDUCATION
AND
DEPTFORD ASSOCIATION OF SCHOOL ADMINISTRATORS
JULY 1, 2005 - JUNE 30, 2008
TABLE OF CONTENTS
ARTICLE TITLE PAGE NO.
I RECOGNITION 1
II NEGOTIATION PROCEDURE 2
III GRIEVANCE PROCEDURE 3
IV RIGHTS 7
V PRIVILEGES 8
VI WORK CALENDAR - WEEK - YEAR - LENGTH OF DAY 9
VII EMPLOYMENT 10
VIII ASSIGNMENTS, TRANSFERS AND REASSIGNMENTS 12
IX PROFESSIONAL MEMBERSHIP AND DUES 13
X SICK LEAVE 14
XI PERSONAL LEAVE/VACATION 16
XII INSURANCE PROTECTION 19
XIII PROFESSIONAL DEVELOPMENT AND EDUCATIONAL
IMPROVEMENT 20
XIV RETIREMENT PROGRAMS 21
XV MISCELLANEOUS PROVISIONS 23-24
XVI ADMINISTRATIVE SALARY SCHEDULE 25
XVII AGREEMENT 26
ARTICLE I
RECOGNITION
A. The Deptford Township Board of Education, Deptford Township, Gloucester
County, hereafter known as the "Board", hereby recognizes the Deptford Association of
School Administrators, hereafter known as the "Association", as the exclusive and sole
representative for collective negotiations concerning the terms and conditions of employment
for all totally certified, full-time personnel under contract and employed by the Board and so
assigned as an employee with administrative and supervisory responsibilities which shall include:
Senior High School Principal
Middle School Principal
Elementary School Principal
Senior High School Vice-Principal
Middle School Vice-Principal
Elementary School Vice Principal
Director of Curriculum and Instruction
Director of Student Personnel Services
Director of Special Services
Supervisor of Curriculum and Instruction
Supervisor of Curriculum, Instruction, and Technology
Supervisor of Buildings and Grounds
Supervisor of Food Services
Supervisor of Transportation
B. The Association hereby recognizes the Board as the legal authority elected as representatives of the people and further recognizes the responsibilities of the Board and the Superintendent for the conduct and operation of the school district in compliance with New Jersey Statutes Title 18A.
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NEGOTIATION PROCEDURE
A. The parties agree to enter into collective negotiations over a successor Agreement, and they agree that this Agreement shall remain in force until such time as a new Agreement is reached in accordance with Chapter 123 Public Laws of 1974. Such negotiations shall begin not later than the third Thursday of October of the calendar year preceding the calendar year in which this Agreement expires.
B. The Board agrees to furnish the Association upon reasonable request, such information as will assist the Association in developing intelligent, feasible and constructive proposals on behalf of the employees, students, and the school system. This information may include a complete and accurate financial report and tentative budget for the next school year.
C. The Association agrees to furnish the Board and Superintendent upon reasonable request, research information and data, gathered by the Association, that will assist the Board and the Superintendent in the development of sound educational programs.
D. During the term of this Agreement neither party shall be required to negotiate with respect to any matter whether or not covered by this Agreement and whether or not within the knowledge and/or contemplation of either or both of the parties at the time they negotiated or executed this Agreement.
E. This Agreement shall not be modified in whole or in part by the parties except by mutual consent. Board policy shall prevail on all matters not covered by this Agreement.
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ARTICLE III
GRIEVANCE PROCEDURE
A. Definitions
1. Grievance - is defined as an alleged violation, misinterpretation, or misapplication of this Agreement.
2. Aggrieved - is defined as the employee making the complaint.
3. Days - means school attendance days.
B. Time Limits
A grievance shall be processed within the specified time limits. Time limits may be extended by mutual agreement. Any grievance not advanced from one step to the next within the time limits of that step shall be considered dropped.
C. Record Keeping
Documents, communications and records dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants.
D. Representation
The aggrieved may be represented at all stages of the grievance procedure by himself or at his option by a representative. When the aggrieved is not represented by the Association, the Association shall have the right to be present as observer. All meetings and hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their representatives and counsel.
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E. Procedure
Level I - Step A - Informal
Within ten (10) school days of the time a grievance occurs, the aggrieved shall first discuss this grievance with his immediate supervisor and/or principal directly with the objective of resolving the matter informally.
Level I - Step B
If the aggrieved person is not satisfied with the disposition of his grievance after informal discussion or if no decision has been rendered within five (5) school days after presentation of the grievance, he may file the grievance with his immediate supervisor and/or principal within ten (10) school days of receipt of principal's and/or supervisor's answer. The grievance shall be stated in writing and signed by the aggrieved.
The "Statement of Grievance" shall name the individual employee or employees involved, shall state the facts giving rise to the grievance, shall identify the alleged infraction of this Agreement, shall state the contention of the employee with respect to the alleged infraction and shall indicate the specific relief sought.
Level II
If the aggrieved is not satisfied with the disposition of his grievance at Level I or if no decision has been rendered within five (5) school days after presentation of the grievance, he may within ten (10) school days of principal's and/or supervisor's answer file the grievance in writing with the Superintendent of Schools. At the same time a copy of the grievance shall be given to the
principal and/or supervisor involved. The Superintendent or his/her designee shall give the aggrieved an answer in writing no later than ten (10) school days after receipt of written grievance. The decision may be announced to the parties concerned.
Level III
If the aggrieved person is not satisfied with the disposition of his/her grievance at Level II, or if no decision has been rendered within ten (10) school days after presentation of the grievance to the Superintendent, the aggrieved person may within ten (10) school days file the grievance in writing with the Board of Education. The aggrieved person shall be granted a hearing with the Board of Education within ten (10) school days of the receipt of the written grievance. The Board shall give the aggrieved person an answer in writing within five (5) school days of the date of the hearing.
Level IV
In the event that the grievance shall not have been disposed of at Level III, the aggrieved may within thirty (30) school days after the Superintendent's decision refer the unsettled grievance to advisory arbitration (non-binding).
F. Advisory Arbitration (Non-Binding)
The Advisory Arbitrator (non-binding) shall be selected within thirty (30) days following the request of either party to the other, under the rules and procedures of the American Arbitration Association.
The Advisory Arbitrator (non-binding) shall be limited solely to making recommendation
in cases of alleged violations of the specific article and sections of this Agreement.
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The Advisory Arbitrator (non-binding) shall have the authority to confer separately or jointly with the Board, Superintendent, and the Association or to use any other source of information.
The Advisory Arbitrator (non-binding) shall make recommendations for resolution
within thirty (30) days. The recommendations shall be submitted to both parties, the Board and the Association. The Board shall render its decision prior to the Advisory Arbitrator's (non-binding) recommendations being made public by either party.
The Advisory Arbitrator's (non-binding) recommendations after twenty (20) days may be made public by either party, the Board or the Association.
G. Costs
The cost and expense incurred in securing and utilizing the services of the Advisory Arbitrator's (non-binding) shall be the shared responsibility of the parties engaging his services.
H. The following matters shall not be arbitrable:
1. The failure or refusal of the Board to renew a contract of a non-
tenured Administrator.
2. Matters where a method of review is prescribed by law or by any
rule, regulation of the State, Commissioner of Education or the State Board of Education.
3. Matters where the Board is without authority to act.
4. Matters involving the statutory or discretionary powers of the Board.
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ARTICLE IV
RIGHTS
A. Nothing contained herein shall be construed to deny or restrict any employee such rights as he may have under New Jersey School Law.
B. No employee shall be disciplined without just cause.
C. Nothing contained herein shall be construed to deny the Board or the Superintendent
their rights at any time to call a meeting of the supporting staff to present its position in any matterthat in its judgment may affect the educational program.
D. The Board reserves to itself sole jurisdiction and authority over matters of policy and retains the right, subject to the limitations imposed by the language of this Agreement, in accordance with applicable laws and regulations (a) to direct employees of the school district, (b) to hire, promote, transfer, assign and retain employees in positions in the school district, and for just cause to suspend, to demote, discharge, or take other disciplinary action against employees, (c) to relieve employees from duty because of lack of work or for other legitimate reasons, (d) to maintain the efficiency of the school district operations entrusted to them, (e) to determine the methods, means and personnel by which such operations are to be conducted and (f) to take whatever actions may be necessary to carry out the mission of the school district in situations of emergency.
E. The Association has the right to recommend through proper channels to the Board of Education such statements of policy related to their operations as they shall deem necessary or desirable.
ARTICLE V
PRIVILEGES
A. The Association or its named representative shall be privileged to transact official Association business on school property at reasonable times, provided that this shall not interfere with or interrupt any individual assignment or the normal operation of the school.
B. The Association or its named representative shall be privileged to process school building use applications for unit activities.
ARTICLE VI
WORK CALENDAR - WEEK - YEAR - LENGTH OF DAY
A. The work calendar shall be set forth by the Board of Education.
B. Work Week - The work week shall consist of five (5) full working days, Monday
through Friday inclusive, except where legal holidays and vacation periods are included in
the work calendar.
C. Work Year - The work year shall be:
Ten-month contract: September 1 to June 30 - 204 days
Eleven-month contract: August 1 to June 30 - 225 days
Twelve-month contract: July 1 to June 30 - 247 days
exclusive of legal holidays and any other days designated by the Board of Education prescribed
work calendar.
D. Work Day - The work day shall be as designated by the Board of Education policy.
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ARTICLE VII
EMPLOYMENT
A. The best qualified shall be given full consideration. Licensing requirements shall be made known to all applicants for professional positions. The Board shall act upon the recommendation of the Superintendent.
1. Agreement as to Initial Salary - Whenever a person shall hereafter accept office, position or employment as a member of the Deptford Township Public School District, his/her initial place on the salary schedule shall be at such a point as may be agreed upon by the employee and the Deptford Township Board of Education.
2. Academic Year - Shall mean the period between the opening day of school in Deptford Township after the general summer vacation, or ten (10) days thereafter, and the next succeeding summer vacation.
3. Year of Employment - Shall mean employment as a fully licensed employee for one academic year in any publicly owned or operated college, school or other institution of learning for one academic year in this or any other state or territory of the United States.
4. Credit for Military Service - Every member who, after July 1, 1949, has served or hereafter shall serve, in the active military or naval service, in the women's any corps, the women's reserve of the naval reserve, or any similar organization authorized by the United States to serve with the army or navy, in times of war or an emergency, or for or during any period of training, or pursuant to or in connection with the operation of any system of selective service, shall be entitled to receive equivalent years of employment credit for such service as if he/she had been employed
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for the same period of time in some publicly owned or operated college, school or institution of learning in this or any other state or territory of the United States, except that the period of such service shall not be credited toward more than three (3) employment or adjustment increments.
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ARTICLE VIII
ASSIGNMENTS, TRANSFERS AND REASSIGNMENTS
A. Transfer of professional personnel shall take place when deemed necessary by the Superintendent and approved by the Board. Employees may also request a transfer. However, such transfer shall be solely within the discretion of the Superintendent and subject to Board approval.
B. Transfer shall be restricted normally to the opening date of school or it may be made at other times when deemed necessary by the Superintendent.
Seniority may be a factor in evaluating the transfer of an employee.
Requests for transfer may be renewed annually.
Tentative assignments shall be announced with the issuance of salary statements and/or contracts.
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ARTICLE IX
PROFESSIONAL MEMBERSHIP AND DUES
The Board of Education shall reimburse administrators for membership dues for the New Jersey Principals and Supervisors Association (PSA) and the National Association of School Principals (Elementary and Secondary). An administrator may request to join the New Jersey Association of School Administrators (NJASA) in lieu of membership in the New Jersey Principals and Supervisors Association and the National Association of School Principals.
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ARTICLE X
SICK LEAVE
A. Definition of Sick Leave - Sick leave is hereby defined to mean the absence from duty of any person because of physical disability, illness or injury, or quarantine or exclusion from work by medical authorities.
B. Sick Leave Allowable - All persons who are steadily employed full-time by the Board of Education shall be allowed sick leave with full pay as follows:Ten-month term - 10 days
Eleven-month term - 11 days
Twelve-month term - 12 days
C. Accumulated Sick Leave - Allowable sick leave not utilized in any year shall becumulative to be used for additional sick leave in subsequent years.
D. Physician's Certificate Required for Sick Leave - A physician's certificate may be required by the Superintendent of Schools when it appears that there has been an abuse of sick leave or excessive absences on the part of an administrator.
E. Workers' Compensation - Workers' compensation awards shall be deducted from the
regular salary of the employee for the days' absence covered by the Workers' Compensation Act. The time lost from employment under the Workers' Compensation Act shall not be deducted from days permitted for regular sick leave allowance.
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F. Unused Sick Leave -
1. An employee's unused sick leave at the time of retirement under TPAF shall be sold back to the Board, providing the retiring employee has at least ten (10) years of service in the District, at the following rates for each unused sick day:Effective July 1, 2005 - $135.00
Effective July 1, 2006 - $140.00
Effective July 1, 2007 - $145.00
1a. An employees’ unused sick leave at the time of retirement under TPAF shall be sold
back to the Board, at one half (1/2) the rate if the employee has at least eight (8) or nine (9) years
of service in the district. The following are the rates:
Effective July 1, 2005 – $67.50
Effective July 1, 2006 - $70.00
Effective July 1, 2007 – $72.50
2. The retirement under TPAF is defined to mean leaving active service and contemporaneously beginning the receipt of pension payments. Deferred retirement is expressly excluded from the definition.
3. Effective January 1, 1991, failure of an employee to notify the Board in writing of his/her retirement at least eleven (11) months prior thereto shall result in the payment being forfeited.
G. If an administrator dies, his/her estate shall receive the value of the accumulated sick days.
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ARTICLE XI
PERSONAL LEAVE/VACATION
A. The Superintendent may grant administrative leave (not to be accumulated) to
any regularly employed person for the following emergencies or conditions:
1. Death in Immediate family - (immediate family - mother, father, mother-
in-law, father-in-law, children, husband, wife, brother, sister, or any relative who has lived within
the same household for a period of over two (2) years): Additional emergencies will be judged
upon request by the Superintendent of Schools.
2. Personal Leave - (legal, household, family business): Every administrator
shall be granted a minimum of three (3) personal leave days per year without deduction. If not
used at the conclusion of the fiscal year, the days shall be added to the accumulated sick leave on
the first of the next fiscal year. Personal business that cannot be conducted outside the normal
work day. Forty-eight (48) hours notice shall be given except in approved emergencies.
3.Professional Conference - Such requests shall be submitted in writing six
(6) weeks in advance of the day requested.
B. In the event all sick leave days have been used, five (5) days herein specified as
other than sick leave may be used as sick leave days (not to be cumulative ).
C. Earned Vacation -One and one-half (1-1/2) days per month worked shall be
earned. Two (2) additional days' vacation shall be earned after the completion of three (3)
continuous years of employment (under contract as a l2-month administrator) in the district.
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Guidelines shall be as follows:
1. Vacations will be granted only at times of the year when they will not
interfere with the normal operation of the school.
2. Vacation leave of four (4) or more days must receive approval of the
employee's immediate supervisor at least four (4) weeks in advance of beginning date of leave.
(Special consideration may be given to emergencies, i.e. illness, etc.)
3. A maximum of thirty (30) days vacation earned may be taken in any one
year from July 1 to June 30.
4. A total of thirty (30) days vacation may be accumulated to be applied to
any one year's vacation allowance except that the Superintendent may deny any request which
asks for more than ten (10) consecutive work days during the months of July and August and five
(5) consecutive work days during the months of September through June. Any action taken in
response to a request for vacation days which makes it impossible for an administrator to take up
to thirty (30) days of his accumulated days prior to June 30 of the school year in which the days
are requested will result in the administrator receiving financial compensation for the days
denied. The compensation will be based on the administrator's salary prorated to a daily basis.
5. Accumulated vacation days shall be approved by the Superintendent of
Schools.
6. Requests for vacation:
Requests for vacation must be made in duplicate on the appropriate request
form. One signed copy will be returned to the employee as soon as a decision can be made.
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7. All vacations are subject to the final approval of the Superintendent of
Schools.
8. An administrator who dies before his/her contract period is completed
shall have payment for his/her vacation days given to his/her estate.
ARTICLE XII
INSURANCE PROTECTION
A. The Board of Education shall adopt a health insurance plan providing the following:
1. Blue Cross/Blue Shield Select Plan and Blue Cross Direct Access Plan:
Blue Cross prescription plan shall be ten dollars ($10.00) co-pay for generic,
twenty dollars ($20.00) co-pay for preferred brand, and thirty dollars ($30.00) co-pay for non-preferred brand drugs.
2. Enrollment shall be optional.
3. Effective July 1, 2005, employees currently enrolled in the Blue Cross Direct Access plan shall remain in that plan. All new employees shall be enrolled in the Blue Cross Direct Access Plan.
B. Payment of the premiums of the Blue Select health insurance plan shall be 96.8% by the Board and 3.2% by the employee through payroll deductions.
C. The Board shall not be obligated to pay premiums for any employee during the time that the employee is on an unpaid leave of absence except as may be required by the New Jersey Family Leave Law. However, where not so required, the employee may elect to maintain his/her coverage in effect at his/her own expense during the course of the unpaid leave of absence by making arrangements for reimbursement of premiums paid by the Board.
D. A dental plan providing single coverage for the employee shall be put into effect. The Board shall pay up to, but not in excess of, the sum of $535 per year per employee effective July 1, 2005, for the remainder of the term of this agreement.
E. Employees may purchase dependent coverage at their own expense.
F. All insurance coverage is by the approved Board/Association vendor.
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ARTICLE XIII
PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT
A. The Board of Education recognizes the value of professional development and
educational improvement, and agrees to pay administrators for conferences and courses up to
and including the following amounts, with prior approval of the Superintendent:
Effective July 1, 2005 - $1,200.00
Effective July 1, 2006 - $1,250.00
Effective July 1, 2007 - $1,300.00
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ARTICLE XIV
TAX SHELTERED ANNUITY FUND
RETIREMENT PROGRAMS
A. TAX SHELTERED ANNUNITY FUND
The Board of Education shall contribute to the tax sheltered annuity fund of each member’s choice as approved by the Board of Education as follows:
Effective July 1, 2005 - $ 80 per pay
Effective July 1, 2006 - $ 90 per pay
Effective July 1, 2007 - $100 per pay
B. SPECIAL PAY PLAN FOR RETIREMENT
The Deptford Township Board of Education hereby extends a “Special Pay Plan”, (403B plan) for retirement to members of the Deptford Association of School Administrators (DASA) subject to the following terms and conditions:
1. Plan Requirements- At retirement as per Article X Section F of the contract, all eligible members of DASA may deposit unused accumulated sick days (as per the approved rate) and eligible unused vacation days into an employee account in an Internal Revenue Service (IRS) approved 403B plan up to the IRS approved amount (2005-2006 - $41,000). The employee will then determine how the money is to be distributed.
It is a requirement of the plan that all eligible members of DASA participate in the plan.
2. Plan Administrator-The plan will be processed through a third party administrator via a “Special Pay Plan” (403B plan) approved by the IRS.
3. Vacation Day Pay Out-Upon retirement a member of DASA may deposit up to a maximum of thirty (30) unused vacation days into the Special Pay Plan (403B plan).
4. Accumulated Unused Sick Days- Members of DASA who have ten (10) or more years in the district may deposit accumulated unused sick days into the Special Pay Plan (403 B plan) at the following rates:
2005-2006 - $135 per day
2006-2007 - $140 per day
4a. Members of the DASA who have eight (8) or nine (9) years in the district may
deposit 50% of the value of their accumulated unused sick days into the Special
Pay Plan (403B Plan).
Effective July 1, 2005 - $67.50
Effective July 1, 2006 - $70.00
Effective July 1, 2007 - $72.50
ARTICLE XV
MISCELLANEOUS PROVISIONS
A. The Board will be informed only through the Superintendent in any matter requiring
its decision. Any employee or employee group should communicate through the proper channels of
authority. When the matter requires Board action it shall be directed through proper channels to the
Board of Education.
B. It is agreed by both parties that the negotiations will be conducted without the use of
pressure tactics. The parties also agree, during the period of negotiations, that the only publicity
accorded the negotiations by the parties will consist of a joint press release or, in the event the
parties are unable to agree upon wording, a joint press release stating that "no progress has been
made".
C. It is understood by all parties that under the ruling of the Court of New Jersey and the
State Commissioner of Education, the Board of Education is forbidden to waive any rights or
powers granted it by law.
D. The parties agree to follow the procedures outlined in the Agreement, and to use no
other channels to resolve any question or proposal until the procedures within this Agreement are
fully exhausted.
E. Terms of contract of non-tenure personnel are negotiable only between the individual
and the Board.
F. There shall be no discrimination in practices and procedures of the school system
policies in hiring, training assignments, promotions, transfer or discipline of employees on the basis
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of race, creed, color, religion, national origin, sex, domicile, marital status, or Association
activities.
G. Whenever any notice is required to be given by either party of the Agreement to the
other, pursuant to the provisions of this Agreement, either party shall do so in writing with signed
receipt of delivery, at the following addresses:
1. If by the Association to the Board -
Deptford Township Board of Education
Administrative Building
2022 Good Intent Road
Deptford, NJ 08096
2. If by the Board to the Association-
The school building where the President of the Association is assigned.
ARTICLE XVI
ADMINISTRATIVE SALARY SCHEDULE
A. Effective July 1, 2005, the salary increases for administrators shall be 4.95%.
B. Effective July 1, 2006, the salary increases for administrators shall be 4.95%.
C. Effective July 1, 2007, the salary increases for administrators shall be 4.95%.
ARTICLE XVII
AGREEMENT
IT IS AGREED between the Board of Education of Deptford Township in the County
of Gloucester, party of the first part, and the Deptford Association of School Administrators,
party of the second part, that the content of this Agreement shall be effective as of July 1,
2005, and shall continue in effect until June 30, 2008.
Resolution of Adoption by the Board of Education:
Date: January 25, 2005
Deptford Township Board President: ________________________________
Deptford Association of School Administrators President:
________________________________
Attested:
__________________________ _______________
Board of Education Secretary Date
__________________________ _______________
Association Secretary Date
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