The Board recognizes the Association as the exclusive and majority representative for collective negotiations relative to the terms and conditions of employment for the following:

Unless otherwise expressly provided or there is something in the subject or context repugnant to such construction, the following words and phrases when used in this Agreement shall have the meaning herein given to them.

1. "Unit" means the Midland Park Administrators and Supervisors Association.

2. "Board" means the Board of Education of the Borough of Midland Park, Bergen County, New Jersey, which the Unit recognizes as the public agency charged by the New Jersey State Legislature under the mandate of the New Jersey Constitution with the operation in the school district of the Borough of Midland Park of a thorough and efficient system of public schools.

3. "Members of the Unit" means all professional supervisory members of the unit represented by the Association in the negotiating unit as above defined.

4. "Members of the Unit” also means all professional supervisory members of the unit not represented by the Association in the negotiating unit as above defined.

6. All references to the "male" whether by noun or pronoun shall refer to "female" as well.

When an act is required or allowed to be done at or within a specified time, unless otherwise expressly provided by this Agreement, the parties may, before or after expiration of the specified period, extend it by consent in writing.

Negotiations shall commence with a meeting at a mutually satisfactory place within 15 days after receipt of a proposal, unless the Board and the Association mutually agree to an extension of time.

Neither party in all negotiations shall have control over the selection of the negotiating representatives of the other party. The parties mutually pledge that their representatives shall be clothed with all necessary power and authority to make proposals, consider proposals and make counter-proposals in the course of negotiations.

Except as this agreement shall hereinafter otherwise provide, all terms and conditions of employment are applicable during the term of this 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 member of the unit's benefits existing prior to its effective date.

This agreement incorporates the entire understanding of the parties on all matters, which were or could have been the subject of negotiations. During the term of this agreement, neither party shall be required to negotiate with respect to any such matter whether or not covered by this agreement and whether or not within the knowledge or contemplation of either or both of the parties at the times they negotiated or executed this agreement.
This shall not be modified in whole or in part by the parties except by a written instrument duly executed by both parties.

This agreement shall be effective as of July 1, 2007, and shall continue in effect until June 30, 2010, subject to the Association's right to negotiate over a successor agreement, as provided herein.

The term "grievance" means a complaint or claim that there has been an improper application, interpretation or violation of any term or provision of this contact, administrative decision, or board policy affecting a member or group of members.

The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems, which may from time to time arise affecting members of the unit. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

1. Filing a Grievance
A grievance may be filed by the Association, either in its own name or as the representative of a group or class whose individual signatures shall not be necessary. Any grievance must be lodged at the proper initiating level within thirty (30) calendar days of the happening of an event or within thirty (30) calendar days after the member of the unit should have reasonably known of its occurrence.

2. Failure to Communicate a Decision
Failure at any step to communicate the decision on a grievance within the specified time limitation shall constitute denial of a grievance. Failure to appeal a determination within the specified time limitations shall be deemed to constitute an acceptance of such determination as dispositive.

3. Informal Attempt to Resolve a Complaint
An individual who has a complaint shall discuss it first with his immediate supervisor in an attempt to resolve the matter informally. However, if the complainant is the Association, the initial discussion shall be at the level of the Superintendent; and, in such event, if the problem is not resolved to the satisfaction of the Association within fourteen (14) calendar days after the conclusion of the discussion, the procedures prescribed in the subsection of this section shall become applicable.

4. Level One - Superintendent of Schools
If, as a result of the discussion, the matter is not resolved to the satisfaction of the complainant within seven (7) calendar days, the Association shall submit the grievance in writing to the Superintendent of Schools, specifying:
a. the nature of the grievance;
b. the nature and extent of the injury, loss, or inconvenience;
c. the result of the previous discussion;
d. any and all dissatisfaction with decisions previously rendered.
The Superintendent shall attempt to resolve the matter as quickly as possible, but within a period not to exceed fourteen (14) calendar days. The Superintendent shall communicate his decision in writing to the Association.

5. Level Two - Board of Education
If the grievance is not resolved to the Association's satisfaction, it, no later than seven (7) calendar days after the receipt of the Superintendent's decision, may request a review by the Board of Education. The request shall be submitted in writing through the Superintendent, who shall attach all related papers and forward the request to the Board of Education. The Board, or a committee thereof, shall review the grievance and shall, at the option of the Board, hold a hearing with the Association and render a decision in writing within thirty-five (35) calendar days of receipt of the grievance by the Board.

6. Level Three - Arbitration
If the decision of the Board does not resolve the grievance to the satisfaction of the Association, written notice of intention to proceed to arbitration shall be given to the Board through the Superintendent within fourteen (14) calendar days after the receipt of the decision which is being appealed.
The grievance not resolved by timely resort to the foregoing procedure shall be subject to arbitration initiated and conducted under the rules of the American Arbitration Association.

The arbitrator shall be limited to the issues submitted to him. He can add nothing to, nor subtract anything from, the agreement between parties or any policy of the Board of Education. The opinion and award shall be final and binding. Only the Board and appropriate officials of the Association shall be given copies of the arbitrator's opinion and award. This shall be given within thirty (30) calendar days of the completion of the arbitrator's hearings.


7. Right to Representation
Rights of members of the unit to representation shall be as follows:
All grievants shall be represented by the Association at all stages of the grievance procedure.

The Association may, at its option, and upon written notice to the Board, allow any grievant to represent himself at any stage of the grievance procedure.

Upon receipt by the Board of the Association’s written notice that the Association has elected to allow an individual grievant, rather than the Association, to be the grievant in a grievance proceeding, the Association shall no longer be a part in that proceeding and all of the rights given to the Association in this Article shall be vested in the individual grievant rather than the Association for the duration of proceedings for that specific grievance.

It is the specific intention of the parties that the parties to any grievance proceeding, at all stages of the grievance procedure, shall be the Board and either the Association or, at the Association’s option, an individual grievant, but not both the Association and an individual grievant.

8. Separate Grievance File
All 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.

9. Meetings and Hearings
No meeting or hearing conducted under this procedure shall be public. The only parties in attendance shall be the parties in interest and the designated or selected representatives contemplated in this article.

The fees and expenses of the arbitrator are the only costs, which will be shared by the two parties, and such costs will be shared equally. Any other costs shall be borne by the party incurring them.

Where the Association has elected to allow the grievant to proceed without the Association's concurrence, the costs shall be borne by the grievant.
Time lost by any grievant and/or his representative(s) due to arbitration proceedings shall not be charged to personal time nor shall there by any loss in pay.

Pursuant to Chapter 123, Public Laws of 1974, the Board hereby agrees that every member of the unit shall have the right freely to organize, join and support the Association for the purpose of engaging in collective negotiations and other concerted activities for mutual aid and protection. As a fully elected body exercising governmental power under color of law of the State of New Jersey, the Board undertakes and agrees that it shall not directly or indirectly discourage or deprive or coerce any rights conferred by Chapter 123, Public Laws of 1974, or other laws of New Jersey or the Constitution of New Jersey and the United States: that it shall not discriminate against any supervisory member of the unit with respect to hours, wages or any terms or conditions of employment by reason f his membership in the Association; his participation in any activities of the Association; collective negotiations with the Board; or his institution of any grievance, complaint or proceeding under this agreement, or otherwise with respect to any terms of conditions of employment.

Nothing contained herein shall be construed to deny or restrict to any member of the unit such rights as he may have under New Jersey School Laws or other applicable laws and regulations. The rights granted to members of the unit hereunder shall be deemed to be in addition to those provided elsewhere.

No member of the unit shall be disciplined, reduced in rank or compensation or deprived of any professional advantage without just cause, as defined in 18A:28-5. Any such action asserted by the Board, or any agent or representative thereof, shall be subject to the grievance procedure and limitations as set forth in Article III.

Whenever any member of the unit is required to appear before the Superintendent, Board or any committee or member thereof concerning any matter that may adversely affect the status of his employment, he shall be given prior written notice of the reasons for such meeting or interview and shall have the right to have (a) representative(s) of the Association and/or attorney present to advise him and represent him during such meeting or interview. Any suspension shall be in accordance with provisions of 18A:25-6 and shall be in compliance with 18A:6-8.3 until formal determination by the appropriate authority.

The Association shall have the right to be present to protect the interests, not only of the individual involved, but also of the organization as the bargaining representative exclusively recognized.

Any criticism by a supervisor or Board member of any member of the unit shall be made in confidence and not in the presence of teachers, parents, students, or at a public gathering.

Any complaints regarding a member of the unit shall be made to the Superintendent and must be made in writing. The member of the unit shall be given an opportunity to respond to and/or rebut such complaint and shall have the right to be represented by the Association or legal counsel at any meetings/conferences about it.

The Board agrees to furnish to the Association in response to requests from time to time all available information that falls under the heading "public information."

Whenever any member of the Association is mutually scheduled by the parties to participate during working hours in negotiations, grievance proceedings, conferences or meetings, he shall suffer no loss in pay and/or benefits.

Representatives of the Association shall be permitted to transact official Association business on school property at all reasonable times, provided that this shall not interfere with or interrupt normal school operations.

The Association shall have the right to use school facilities and equipment, including computers, typewriters, mimeographing machines, other duplicating equipment, calculating machines and all types of audiovisual equipment at reasonable times, when such equipment is not otherwise in use. The Association shall pay for the reasonable cost of all materials, supplies and equipment incident to such use.

The rights and privileges of the Association and its members as set forth in this agreement shall be granted only to the Association as
the exclusive representative of the supervisory member of the unit, as defined in the unit, and to no other organization.

1. PURPOSE OF FEE
If any member of the unit does not become a member of the Association during any membership year (i.e., from July 1 to the following June 30), which is covered in whole or in part by this agreement, said member of the unit will be required to pay a representation fee to the Association for that membership year. The purpose of this fee will be to offset the member of the unit's per capita cost of services rendered by the Association as majority representative.

2. AMOUNT OF FEE -NOTIFICATION
Prior to the beginning of each membership year, the Association will notify the Board, in writing, of the amount of the regular membership dues, initiation fees and assessment charged by the Association to its own members for that membership year. The representation fee to be paid by non-members will not exceed 85% of that amount.

3. TERMINATION OF EMPLOYMENT
If a member of the unit who is required to pay a representation fee terminates his or her employment with the Board before the Association has received the full amount of the representation fee, no further payment will be required.

The Association will notify the Board in writing of any changes in the list provided for in paragraph 1 above and/or the amount of the representation fee, and such changes will be reflected in any deductions made more than ten (10) days after the Board received said notice.

Any new member of the unit within the unit who fails to join the Association within sixty (60) days will be added to the agency shop list for deductions. Any unit member may appeal the amount of dues assessed. The officers of the unit shall constitute the appeal board.

6. CONFLICT WITH OTHER UNITS WITH AGENCY SHOP
In negotiating with other bargaining units in the district related to agency shop provisions, the Board of Education shall exempt all supervisory members of the unit from any agency shop claims from any unit other than the one in which the supervisory member of the unit is eligible for membership.

The Board of Education and Superintendent subscribe to the principle that any member of the unit has the right to full knowledge regarding the judgment of his supervisor respecting the effectiveness of his performance and that, further, he is entitled to receive such recommendations that will assist him in increasing the effectiveness of his performance.

Each member of the unit shall sign all copies of each written evaluation, attesting to the fact - and only to the fact - that the contents of the evaluation are known to him and understood by him. No written evaluation may become part of a member of the unit’s personnel file without the member of the unit’s signature, unless the Superintendent executes a written confirmation, which shall be attached to the evaluation, attesting to the fact that the member, in the presence of a witness who shall also execute the Superintendent’s confirmation, refused, after the Superintendent’s direct request, to sign the evaluation.

2. RIGHT OF MEMBER OF THE UNIT TO RESPOND
A conference shall be arranged between the evaluator and the member of the unit as soon as possible after receipt of the written evaluation by the member of the unit, in compliance with N.J.A.C. 6:3-1.21. At such time, the member of the unit is entitled to have his response to the evaluation heard and appended to the evaluation report.

3. NOTICE OF CONTRACT RENEWAL
Each non-tenured supervisory member of the unit shall receive written notice, prior to the last date fixed by statute of each year, of whether or not the Superintendent intends to recommend a renewal of contract for the ensuing year.

1. The Board of Education will pay the full cost of tuition and other instruction expenses incurred in connection with graduate courses in administration for tenured employees only, which are earned at a university that is accredited by a CHEA organization at a rate of (one thousand dollars) $1,000 per year per administrator, with the prior approval of the Superintendent.

2. All members of the unit shall be responsible for notifying the Superintendent in writing of their intentions to forfeit funds allocated by contract regarding reimbursement for graduate courses. Funds forfeited by any member shall be made available at the discretion of the Superintendent for use by other member(s) of the unit, during the duration of the contract year. Any one administrator in any given year could expend up to two thousand ($2000.00.) dollars. Total tuition expenditures should not exceed ten thousand ($10,000.00) dollars per year upon the full membership as outlined in the Recognition Clause.

The Board of Education shall make reimbursement to members of the unit for expenses incurred for workshops, seminars, conferences, conventions, or in-service training sessions, including transportation and living expenses if required to be away from home, provided that the recommendation of the Superintendent is obtained and receives prior approval from the Board of Education. Reimbursement shall meet the policy and regulations #3440 and not exceed a budget figure of one thousand ($1,000.00) dollars for any member of the unit. Any additional funding will be at the discretion of the Board of Education.

The Board recognizes same-sex “domestic partners” as eligible dependents under the Domestic Partnership Act, in accordance Chapter 246, P.L. 2003, and will provide Domestic Partnership health benefits coverage provided by the New Jersey Health Benefits Act of the State of New Jersey (NJSA 52:14-17.25 et. seq.) in accordance with the statute and regulations adopted by the State Health Benefits commission. If the third party health care provider does not recognize domestic partners and the rules of the carrier prohibit the continued coverage of these domestic partners, the Board will not be obligated to provide or seek continued coverage for such eligible dependents as defined in the Domestic Partnership Act.

These Domestic Partnerships must meet the requirements of the Domestic Partnership Act (Chapter 246 P.L. 2003), and a certificate of Domestic Partnership, obtained from the State of New Jersey through application to the employee’s local registrar must be made available upon request of the Board of Education or the health benefit insurer.

COBRA and other similar benefits shall not be applicable to an employee’s domestic partner if the partnership is dissolved.
Any Federal or State laws or court decisions which may prevent the Board from implementing this section takes precedence.

Any twelve-month administrator hired prior to December 31, 2001 shall be entitled to twenty-one (21) vacation days during the first three years of employment. After three (3) years of employment, all 12-month administrators shall be entitled to twenty-three (23) vacation days. Any twelve-month employee hired after December 31, 2001 shall be entitled to fifteen (15) vacation days per year until tenured. Any Administrator(s), receiving tenure, shall be entitled to twenty-three (23) vacation days. After ten (10) years of employment those administrators shall be entitled to twenty-five (25) vacation days. Additionally, five (5) vacation days may be carried over to the next year. Carryover must be used during the first quarter of the following year or lost.

C. The vacation schedule shall be coordinated by the Superintendent in consideration of district need to avoid management conflicts with the right to deny such requests due to coverage of building conflicts.

2. Category B: Remuneration for services as liaison and officers:

Except as this agreement shall otherwise provide, all terms and conditions of employment applicable on the signing date of this agreement to the members of the unit covered by this agreement as established by the rules, regulations, and/or policies of the Board in force on said date, shall continue to be so applicable during the term of this 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 administrator benefit existing prior to the effective date of this agreement.

In witness whereof, the parties hereto have caused this agreement to be signed by their respective authorities.

MIDLAND PARK ADMINISTRATORS MIDLAND PARK BOARD OF SUPERVISORS ASSOCIATION EDUCATION