lr-c:\wp51\wayne\agree\admin03.06







AGREEMENT


between the


BOARD OF EDUCATION OF THE TOWNSHIP OF WAYNE


PASSAIC COUNTY, NEW JERSEY


and


THE WAYNE ADMINISTRATORS COUNCIL


TOWNSHIP OF WAYNE, PASSAIC COUNTY, NEW JERSEY


JULY 1, 2003

to

JUNE 30, 2006





Approved by the Wayne Township Board of Education _____________________

TABLE OF CONTENTS
AGREEMENT
WAYNE ADMINISTRATORS COUNCIL/WAYNE BOARD OF EDUCATION

PAGE
ARTICLE I REPRESENTATION 3
ARTICLE II ASSOCIATION RIGHTS AND PRIVILEGES 3
ARTICLE III GRIEVANCE PROCEDURE 3
ARTICLE IV MANAGEMENT RIGHTS 5
ARTICLE V LEAVES 6
Sick Leave
Bereavement Leave
Personal Leave
Family Illness Days
Maternity
Child Rearing
Sabbatical

ARTICLE VI VACATION, HOLIDAYS AND WORK YEAR 13
ARTICLE VII SALARY AND BENEFITS 16
ARTICLE VIII NEW APPOINTEES 21
ARTICLE IX PROFESSIONAL DEVELOPMENT 23
ARTICLE X MISCELLANEOUS PROVISIONS 27
Fully Bargained Clause
Modification
Waiver
Protection of Property
Separability
Effect of Agreement

ARTICLE XI NEGOTIATION OF SUCCESSOR AGREEMENT 29
ARTICLE XII TERMS 29
SIGNATURES 30

ARTICLE I
REPRESENTATION
The WAYNE ADMINISTRATORS COUNCIL has agreed to enter into a formal agreement with the WAYNE TOWNSHIP BOARD OF EDUCATION. The WAYNE ADMINISTRATORS COUNCIL may hereinafter be referred to as WAC. The term unit member shall herein after refer to all employees represented by WAC.
ARTICLE II
ASSOCIATION RIGHTS AND PRIVILEGES
The WAC shall be allowed reasonable use of school telephones and school mail facilities, provided, however, said use shall not include inflammatory or derogatory material.
ARTICLE III
GRIEVANCE PROCEDURE
It is agreed that the following grievance procedure will become operational during the life of the contract:
A.Any individual member of the Administrators Council shall have the right to appeal any alleged violation of this Agreement which affects terms and conditions of employment. Any person presenting a question or appeal in matters covered by this Agreement shall be free from restraint, interference, coercion discrimination or reprisal by the Board, the Administration and WAC as a result of said questions or appeal provided, however, that nothing herein contained shall be construed to permit or authorize any interference with the relationship between the WAC and its individual members. Members shall have the right to present their own appeal, or to designate representatives of the local Administrators Council or another person of their own choosing to appear with him/her at any step in his/her appeal. The unit may have a representative other than the aggrieved person at every meeting concerning a grievance.
B.The initial appeal shall be in writing and a discussion shall be held with the individuals superior within five (5) school days.
C.If, as a result of the discussion, the matter is not resolved to the satisfaction of the principal and/or vice-principal, he/she shall set forth the complaint in writing to his/her immediate supervisor with five (5) school days. The supervisor shall communicate is/her decision to the principal and/or vice-principal and the Superintendent of Schools in writing with five (5) school days.
D.The principal and/or vice principal may appeal the supervisors decision to the Superintendent of Schools or the appropriate line designee. The appeal to the Superintendent must be made in writing and must set forth the grounds upon which the grievance is based within five (5) school days of the supervisors action. The Superintendent shall request a report on the grievance from the supervisor; shall confer with the concerned parties, and upon request, confer with the employee or supervisor separately with ten (10) days or receipt of the aggrieved partys request.
The superintendent shall attempt to resolve the matter as quickly as possible. The Superintendent shall communicate the decision in writing, along with supporting reasons, to the employee and the supervisor within ten (10) school days.
E.Again, if satisfaction is not obtained by either party an appeal by the employee or the supervisor may be presented, in writing, to the Board of Education, through the Superintendent of Schools, within five (5) school days. If requested, the Board shall review the grievance by holding a closed hearing within ten (10) school days and render a decision in writing within five (5) school days.
F.Any grievance, whether based upon action or inaction, not presented to an administrators immediate superior with twenty (20) days from the date of the occurrence shall not be entitled to proceed under this grievance procedure and the aggrieved party or parties shall be unconditionally barred from relief thereafter.
G.At all levels, matters will be handled promptly and expeditiously.
ARTICLE IV
MANAGEMENTS RIGHTS
The Board reserves to itself sole jurisdiction and authority:
A.to direct employees of the school district;
B.to hire, promote, transfer, assign, and retain employees in positions in the school district, and to suspend, 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 efficiency in 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 responsibilities of the school district in situations of emergency.
G.to take any and all such actions contemplated by this Article in its sole discretion provided such actions are not arbitrary, capricious and unreasonable, unless a different standard is imposed by law or the specific language of this Agreement.
ARTICLE V
LEAVES
Absences of all administrative personnel shall be governed by applicable law and, to the extent not inconsistent therewith, the following details provisions:
A. SICK LEAVE
Thirteen (13) sick days with full pay shall be allowed for each school year. Principals and vice-principals hired after July 1, shall be entitled to sick leave on a prorated basis. These shall be cumulative in nature without limit. In the case where absence due to illness of a principal and/or vice-principal is of greater duration than accumulated sick leave, this situation may be referred to the Board of Education for special consideration. If an employee has been hired after the school year has commenced or has notified the Board that he/she is either resigning during the school year or taking a leave of absence (excluding a sabbatical leave of absence) for a part of the school year and the employee had not otherwise utilized his/her annual allotment of sick days prior thereto, then sick leave shall be prorated for each month that he/she is employed during the school year in question.
B. BEREAVEMENT LEAVE
Bereavement leave as follows:
1.Spouse, child, parent, grandparent, brother, sister, mother-in-law, father-in-law, sister-in-law, brother-in-law, grandchild, or any other member of the immediate household - up to five (5) days.
2.Relative outside the immediate family - two (2) days. Relative shall be interpreted to mean aunts, uncles, first cousins, or as a designated pallbearer.
3.Friend or relative outside the immediate family not specifically listed above - one (1) day.
4.It is essential when calling these in, to state the reason as death or funeral and identify the relationship.
5.These days must be recorded in accordance with administrative procedure.
C. PERSONAL LEAVE
1.Two (2) days leave are allotted for personal matters. These might include:
Family Illness House Closings
Legal Business Household Emergencies
Weddings Other Good Cause
Graduations

2.Personal days should not be construed as vacation days.
3.These days must be recorded in accordance with administrative procedure.
4.The following are to be discouraged:
Personal days before or after vacations or holidays.
Taking half (1/2) days.
5.Any personal days not used during any one year will be added to the accumulated sick days of the WAC unit member for use during subsequent years. Unused personal days shall not, however, be included in accumulated sick days for purposes of reimbursement as may be provided for in this Agreement.
6.Except in cases of emergency, administrators shall be required to obtain prior approval from the Superintendent or his/her designee in advance of the use of personal days. Such approval shall not be unreasonably withheld.
D. FAMILY ILLNESS DAYS
1.All principals and vice-principals shall be granted three (3) family illness days each year, subject to verification of need by the Board.
2.Family is defined as spouse, child, parent, grandparent, grandchild, brother, sister, mother-in-law, father-in-law or any other member of immediate household.
E. MATERNITY
1.A pregnant employee shall be deemed to be sick and may utilize accumulated sick days for purposes of the Article during a period of thirty (30) calendar days before and thirty (30) calendar days after termination of pregnancy. All other claims for sick leave based on pregnancy shall be supported by a detailed, physicians certification which shall state the reason(s) that the employee is sick an unable to perform duties.
2.A pregnant employee shall notify her immediate supervisor in writing as soon as practical after her pregnancy condition has been established. Such notice shall include a physicians certification of pregnancy, the anticipated date of delivery, and the anticipated leave date. At the earliest practical time, the employee must notify the Director of Personnel in writing certified by her physician, of the termination date and the date for utilization of accumulated sick leave. A pregnant employee may continue working as long as her condition permits. If, in the Boards opinion, her job performance is being adversely affected by the pregnancy (including any adverse impact on the educational process), the Board may require the employee to take a leave. The Board may also, in its sole discretion, require a physicians certificate as to the ability of the employee to continue her employment.
F.CHILD REARING
1.An administrator may opt for a child care leave for care of his/her minor child. Such leave shall be without pay.
2.In the case of non-tenured administrators, child care leave may not extend beyond the contractual year in which leave commenced. In the case of tenured administrators, the leave may be up to two (2) full contractual years in duration. The two year period shall be calculated as commencing at the end of the contractual year when the leave is taken.
3.The Board, in its sole discretion, may require any administrator on child care leave to remain on leave until the beginning of the next contractual year or such other time as the Board and the administrator may agree upon, so that the Board may provide for continuity in the educational process.
4.An administrator must give sixty (60) days written notice to the Superintendent prior to the date of beginning a child care leave. The notice shall specify the beginning date of the leave and the requested return date. The requested return date may not be changed without the permission of the Board. If the requested return date is other than the first working day in July, the administrator will return to work the following July. Should an administrator fail to return, his/her leave will automatically terminate and shall be considered to have abandoned his/her position.
5.No administrator may elect child care leave for three (3) years after the termination of preceding child care leave unless it is to care for a newborn child.
6.During child care leave, an administrator may not hold other regular employment, or the child care leave will automatically terminate.
7.At the end of a child care leave, an administrator shall at his/her request, be offered his/her former position unless that position has been abolished by the Board. If the administrators former position has been abolished by the Board, he/she shall be offered a position within his/her scope of certification.
G. SABBATICAL
The Board may, within its sole discretion grant administrative personnel who have served continuously and satisfactorily for at least seven (7) years in Wayne, sabbatical leave under the following conditions:
1.Sabbatical leaves may be granted for study at a properly accredited university or college.
2.Sabbatical leaves may be approved for one-half (1/2) year at full pay or a full year at one-half (1/2) pay. The successful applicant shall be allowed an amount not to exceed fifteen dollars ($15.00) per day based on unused sick leave, accumulated in a seven (7) year period, determined at the rate of ten (10) days per year. The amount is to be used to defray tuition and fee costs required for study. This calculation shall not be construed to diminish the days of leave available to the successful applicant upon his/her return.
3.The total number of approved sabbatical leaves shall not exceed one unit member of the school districts principals or vice-principals in any one year except at the option of the Board upon special recommendation of the Superintendent.
4.Personnel who have not had sabbatical leave in the Wayne school system shall be given preference over those who have.
5.Evidence of satisfactory study or work must be filed with the Superintendent for inclusion with the individuals personnel record.
6.All applications for sabbatical leave must be presented to the Superintendent no later than the first day of February of each year.
7.Applicants must agree in writing to serve at least two (2) full academic years in the Wayne Schools following the leave or reimburse the Board of Education for the amount received while on leave, upon the date of resignation. The amount due shall, to the extent possible be deducted from any benefit that the WAC member may be entitled to under the terms of this Agreement.
ARTICLE VI
VACATION, HOLIDAYS AND WORK YEAR
A. ELIGIBILITY
1.Any person appointed to a principal and/or vice-principal position on or prior to August 1 and who hold this position until 30 June of the following year shall be eligible for twenty (20) vacation days with full pay during the following contract year. Any person appointed after 1 August will be eligible for a vacation on a prorated basis at the rate of two (2) days per month worked in a given year, not to exceed twenty (20) days.
2.Persons with one (1) and up to and including five (5) years experience as a principal or vice-principal in the Wayne School System shall be entitled to twenty (20) vacation days as outlined in Paragraph VI-A above. Persons with over five (5) years experience as a principal or vice-principal in the Wayne School System shall be entitled to five (5) vacation days with full pay in addition to twenty (20) vacation days as outlined in the paragraph above. This paragraph shall not apply to any principal or vice-principal hired after June 30, 1989.
3.Administrators shall be required to obtain prior approval from the Superintendent or his/her designee for the use of vacation days. Such approval shall not be unreasonably withheld.
B. WORK YEAR
1.The work year for administrators shall be 245 days. This work year accounts for all holidays and recess days as described below, but does not account for the use of vacation days pursuant to Article VI (A) above.
2.Administrators shall be entitled to the following paid holidays: Labor Day; Columbus Day; Election Day; Veterans Day; Thanksgiving Day; Friday after Thanksgiving; Christmas Eve; Christmas Day; New Years Eve; New Years Day; Martin Luther Kings Birthday; Lincolns Birthday; Washingtons Birthday; Good Friday; Memorial Day; and Independence Day. Should any of these holidays fall on days when schools are scheduled to be open, administrators shall report to work and receive one floating holiday for each such day. Floating holidays must be used before the end of the school year (June 30th) in which they occur. Use of floating holidays requires the prior approval of the Superintendent or his/her designee, which approval shall not be unreasonably withheld. If there are less than five (5) administrator work days between the teachers last work day and June 30th, up to two (2) floating holidays may be carried over by each administrator for use during the following summer months (July and August). Floating holidays not used within the time frame described herein shall be fortitude.
C. TERMINATION
Should employment voluntarily terminate during the school year, the prorated portion of earned vacation days will be paid in lieu of vacation due. In such cases where an administrator retires from the Wayne Township Public System before June 30, appropriate vacation salary will be paid by extending the termination date to cover the accrued vacation time. Payment in lieu of vacation usage due may be made upon written request by the administrator and approval of the Board.
D. APPROVAL
Vacations may not be taken during the period beginning with the re-opening of the Board offices after summer closing and the beginning of the school year. Prior to May 1st the principal and vice-principal shall provide written notification of summer vacation periods to the Superintendent or his designee.
The Superintendent or designee shall retain the prerogative of altering the schedule according to the needs of the district. A principal or vice-principal may elect to utilize portions of his vacation time at other than the traditional summer period. Any vacation time requested while schools are in session shall require the approval of the Superintendent of Schools or his designee.
E. CUMULATIVE LIMITATION
Up to ten (10) earned vacation days may be accumulated per fiscal year. Accumulated vacation days must be taken by the end of the traditional summer period ending in August of the second fiscal year following the fiscal year in which they are earned. If not taken by that time they shall be forfeited. All other earned vacation days shall be used before the end of the fiscal year following the fiscal year wherein these days were earned, in accordance with Section A of this Article, an no pay shall be given in lieu of unused vacation days.
If the needs of the district require the Superintendent to deny a principals or vice-principals vacation request, then the principal or vice-principal shall be permitted to accumulate more than ten (10) earned vacation days. The principal or vice-principal shall be permitted to accumulate these additional days only, for use in future years, or be paid, in the Boards exclusive discretion.
ARTICLE VII
SALARY AND BENEFITS
A. SALARY
1.See Addenda A-1, A-2 and A-3 (THE WAYNE ADMINISTRATORS COUNCIL SALARY GUIDES.) These salary guides reflect a three percent (3.8%) salary increase in each of three years, inclusive of increment.
2.Each WAC member employed with the Wayne Township Public Schools on or before June 30, 2003 will receive an annual stipend of $1,000.00. This stipend will be non-pensionable. The pensionability of this stipend will be reopened prior to the close of the second year of this agreement.
3.Doctorate - A stipend of One Thousand Dollars ($1,000) shall be added to the regular step of an administrator who has received his/her doctorate. This stipend shall be divided into equal parts and shall included along with the regular salary for each pay period. To be eligible for the Doctoral Stipend, the administrator shall present evidence of having been conferred an earned doctorate by an accredited college or university.
4. Pay Periods
The total annual salary for a given year and based as shown in Addenda A-1, A-2 and A-3 will be paid over a twenty-four (24) pay period schedule, semi-monthly, beginning July 1, and ending June 30 of the following year.
5. Deduction from Salary
The Board has no obligation to make deductions, or entertain in the future any request by the W.A.C. to effect deductions, from any administrators salary for the payment of association dues or voluntary contributions to charitable organizations and/or educational institutions.
B. PAYMENT FOR ACCUMULATED SICK LEAVE
The Board agrees that it will consider individual requests for payment for accumulated sick days upon retirement subject to the following limits:
1.Not more than four (4) individuals shall be eligible for the benefit described in this Article VII (B) for the duration of this agreement.
2.Each individual payment shall not exceed $18,000.
3.Ninety (90) days advance notification shall be required.
4.The individual shall have a minimum of fifteen (15) years service in the Wayne Public Schools and Board consideration will occur only upon actual certified age service retirement pursuant to the Teachers Pension and Annuity Fund.
5.The benefit described in this Article VII (B) shall be available to administrators who were employed by the Wayne Township Public Schools on or before June 30, 2003 and whose retirements are effective before or during the 2006-2007 school year, as long as their notices of retirement are submitted to, and accepted by, the Board during the term of this Agreement. For all other purposes, however, this Article VII (B) shall exist only for the term of this Agreement and shall terminate on June 30, 2006.
C. INSURANCE
The Board and the WAC agree that the insurance coverage hereinafter referred to shall be provided in the manner hereinafter set forth:
1.Full-time principals and vice-principals shall be provided individual and family hospitalization and medical, dental, prescription and vision coverages.
2.Full-time is hereby defined as thirty (30) hours or more.
3.Prescription Drug Plan with a $10.00 co-pay for individual employees and their families. Co-payments cannot be claimed for reimbursement under Major Medical.
4.A deductible of $200 per person and $400 per family per year shall apply to all medical expenses payable under the insurance coverages described herein.
5.A Preferred Provider Network (PPO), Blue Review and Green Spring Review shall be imposed on health insurance plans offered by the Board to eligible employees and family members. The PPO provides a comprehensive major medical program with IN NETWORK AND OUT OF NETWORK benefits. Blue Review encompasses ancillary hospital and medical appropriateness review. Green Spring Review encompasses mental health and substance abuse pre-admission review and medical appropriateness review.
6.Any employee who has dependent coverage through his or her spouses employer (other than the Wayne Township Board of Education) may waive all insurance coverages from the Board and shall receive 50% of the single coverage costs. Payment shall be prorated bi-monthly and will be added to the employees payroll check. The employee shall, however, not be entitled to payment until the effective date of the enrollment change. Employees who elect this option will have the right to re-enroll for another coverage, should their family circumstances change. Re-enrollment is subject to the plans requirements. The effective date of coverage is subject to the plans requirements.
7.In the event of a change of insurance carrier or carriers, the coverage provided by the carrier shall be at least as comprehensive and extensive as the initial coverage heretofore provided.
8.According to the attached Addendum B, the Board of Education shall provide dental insurance under a UCR Fee Program for the individual employee, and for the full family. The Boards maximum contribution shall be the amount required to be paid per year for employee only coverage and for supercomposite coverage effective for June 30, 2000.
9.Usual and customary rates (UCR) for all coverage.
10.Vision services as referred to above, shall be contained in Addendum C and all of the other above referenced services shall be contained in Addendum D.
11.All dependent-child coverage shall end on the dependent-childs twenty-first (21st) birthday, except that coverage shall not end until the dependent-childs twenty-third (23rd) birthday if the dependent child is enrolled in college full-time. Documentation of full-time enrollment in college and/or dependency shall be furnished annually by all covered persons.
D. TRAVEL REIMBURSEMENT
Principals or vice-principals who must use their automobiles in the course of their job shall be reimbursed the maximum permissible under the internal revenue code.