Medford Area Public School District Administrative Contract

Transcription

1 Medford Area Public School District Administrative Contract IT IS HEREBY AGREED, by and between the Board of Education of the Medford Area Public School District (hereinafter designated as the Board ) and (hereinafter designated as Administrator ), that the said Board does hereby employ the said Administrator in the position of. This Agreement supersedes any and all agreements, which may exist between the Administrator and the Board. Responsibilities 1.01 The Administrator agrees to perform at a professional level of competence the services, duties and obligations required by the laws of the State of Wisconsin, the responsibilities of the position, and the rules, regulations and policies of the Board that are now in existence or which may be hereinafter enacted by the Board The Board agrees to furnish the Administrator with a written job description (and any amendments thereto adopted during the term of this contract) and a written copy of all such rules, regulations, and policies now in effect or which will become effective during the term of this contract. The Administrator agrees to perform the duties enumerated in the job description (and any amendments thereto adopted during the term of this contract) and the duties enumerated in such rules, regulations and policies In case of direct conflict between any rule, regulation, or policy of the Board and any specific provision of this contract, this contract shall control The Administrator agrees to devote full time to the duties and responsibilities normally expected of the Administrator s position during the term of this contract. The Administrator shall not engage in any pursuit that interferes with the proper discharge of such duties and responsibilities The Board reserves the right to reassign or transfer the Administrator during the term of this contract to another administrative position for which they are licensed if the Board determines that it is in the District s best interest to do so. Salary and other benefits of the Administrator shall not; however, be reduced during the term of this contract, but may be adjusted in a subsequent contract, provided that a subsequent contract is offered by the Board. The Administrator shall be given 30 days notice regarding any reassignment or transfer under this policy The Administrator agrees to participate in professional meetings for the purpose of improving and stimulating the Administrator s professional growth. Participation shall be in accordance with Board rules and policies. Necessary expenses for these meetings will be paid as provided by Board policies This Agreement is conditioned upon the Administrator possessing the proper license, permit or certification from the Department of Public Instruction that will allow him/her to function as the. This Agreement shall be invalid if the Administrator fails to fulfill the provisions of Wis. Stat (2). However, the Agreement shall not be invalid if the Administrator submitted a request to the Department of Public Instruction ( DPI ) to secure the proper license, permit, or certification from DPI within ten (10) days after entering into this contract,

2 and DPI fails to provide the proper license, permit, or certification within ten (10) days after entering into this contract Before this contract is effective, it is necessary that the Administrator submit to the Board a certificate of health as described in Wis. Stat

3 Salary 2.01 In consideration for the services rendered, the Board will pay the Administrator a salary of $, in accordance with the appropriate salary policies adopted by the Board. If this contract is for more than one year, then the subsequent year s salary, as well as any extensions pursuant to section 5.02, will be no less than the first year s salary and may be increased after further consideration by the Board. The salary shall be paid bi-monthly by the Board, less deductions required by federal and state revenue departments, state statutes, or authorized deductions as permitted by Board policy In addition to the annual salary increases provided for in Section 2.01, the Board will increase the administrative compensation $150 per credit up to six (6) credits per year, for credits taken beyond the master s degree in accordance with section 3.01 G. Additional Compensation 3.01 Beyond the above salary, the Board will also provide the Administrator: A. The board will pay one hundred percent (100%) of the cost of the single or B. The Board will pay one hundred percent (100%) of the cost of the single or C. The Board will pay one hundred percent (100%) of the Administrator s D. The Board will pay one hundred percent (100%) of the Administrator s required E. The Board will pay one hundred percent (100%) of the membership dues to F. The Board will pay one hundred percent (100%) of the cost of the Administrator s Other Benefits 4.01 The Board will also provide the Administrator with the following: A. Sick Leave - The Administrator will be allowed twelve (12) days of sick leave per year for absences caused by sickness or disability. Sick leave shall be cumulative to one hundred and eight (108) days. The Board shall pay the Administrator $30.00 per day for unused sick leave over one hundred and eight (108) days, upon accumulation of sick leave days over one hundred and eight (108) days. The Board shall pay the Administrator $70.00 per day for each day of accumulated sick leave upon leaving the system, to a maximum of 108 days per individual; with days accumulated only from district service. This benefit is not a retirement benefit. G.

4

5 B. Anticipated Temporary Disability - A request for a Leave of Absence where the Administrator anticipates a period of temporary disability shall be made in writing as soon as reasonably possible after the condition becomes known to the Administrator. Such requests shall be submitted to the District Administrator. The leave request shall include a tentative date upon which the leave is to terminate and a physician s statement certifying the disability and tentative leave dates. The District shall not be required to pay for the physician s certification required under this section. However, this does not preclude the District from requiring that the Administrator submit to a medical examination, at District expense, to the extent such requirement is permitted by applicable law. The Administrator shall use accumulated sick leave to receive pay during a leave of absence under this section to the extent accumulated sick leave is available. A leave of absence under this section shall not exceed one (1) year beyond the expiration of accumulated sick leave. C. Funeral Leave - The Administrator will be allowed up to three (3) days with pay in the event of a death in the immediate family, which, for purposes of this Article shall include the Administrator s spouse, mother, father, child, sister, brother, daughter-in-law, son-inlaw, sister-in-law, brother-in-law, grandparent, foster parent, or foster child of the administrator or spouse. A leave without loss of pay for one (1) day will be allowed for attendance at a funeral of those relatives of the Administrator or the Administrator s spouse not covered in the first paragraph of this section. D. Illness in the Family - The Administrator may, with the consent of the District Administrator, be allowed time deducted from his/her accumulated sick leave because of serious illness which, for purposes of this Article, shall include the Administrator s parents, spouse, children and mother or father of the Administrator s spouse. E. Absence from Duties for Reasons of Injury - Whenever the Administrator is absent from school as a result of personal injury caused by an assault arising out of and in the course of his/her employment, he/she shall be paid his/her full salary for the period of such absence or the balance of that contract year, whichever is shorter, without having such absence charged to the annual sick leave or accumulated sick leave. Any amount of salary payable pursuant to this section shall be reduced by the amount of any worker s compensation temporary total disability benefits and any other temporary disability payments received as a result of the said injury for the period for which such salary is paid. F. Judgments and Costs - The Board agrees to pay judgments and costs to provide legal counsel to the Administrator as required by Wis. Stat Whenever charges of any kind are filed or an action is brought against the Administrator in the Administrator s official capacity or to subject the Administrator to a personal liability growing out of the performance of official duties, and such charges or actions or such action is discontinued or dismissed or such matter is determined favorably to the Administrator or in case the Administrator, without fault on the Administrator s part, is subjected to personal liability as aforesaid, the Board agrees to pay all reasonable expenses including legal costs, up to $5,000, arising out of any such charge or action; provided said charges or action are not initiated by the Board. G. Credit Reimbursement - The Board will reimburse the Administrator for credits taken

6 beyond the master s degree and according to the following: 1. The board shall pay tuition and the cost of required textbooks in full up to six (6) approved credits per year. 2. All credits must have prior approval of the District Administrator. No Continuing Education Units (CEU) or extension credits will be allowed. 3. The District Administrator may approve additional credits on a tuition reimbursement only basis provided the credits are part of an approved graduate program and lead toward a district-required certification. H. National Convention - The Board agrees to pay for the cost of attendance to a National Convention for Administrator, once every three (3) years, if eligible and by approval of the District Administrator. I. Retirement Benefits 1. The Administrator will be eligible for retirement benefits, described in Section I. 2., below, provided he/she has: a. Worked the prior twelve (12) years as an administrator in the Medford Area Public School District or have no less than a total of twenty-five (25) years of teaching and administrative experience in the Medford Area Public School District. b. Reached the age of fifty-five (55) prior to January 1 of the school year in which benefits are to begin. c. Applied in writing for retirement prior to March 1 of the calendar year in which retirement is to take effect and for retirement benefits prior to May 30 of the calendar year in which retirement is to take effect. 2. If the Administrator meets the criteria noted in paragraph 1., above, he/she shall be eligible for the following benefits: a. Subject to the insurance carrier s rules and eligibility provisions, single health insurance benefits or family health insurance benefits as provided for administrative staff shall be continued with a cap on such payments by the Board not to exceed ninety percent (90%) of the annual premium and a cap on the duration of said benefit not to exceed ninety-six (96) months. If during the ninety-six (96) month period, the retiree becomes eligible for Medicare benefits, the Board will utilize Medicare benefits to supplement the health insurance being provided by the Board. Thus, the Board will continue to pay only ninety percent (90%) of the portion of the health insurance premiums not covered by Medicare such that the retiree continues to receive the same total health insurance benefit for the remainder of the ninety-six (96) month period. b. Should the retiree die before exhausting the above benefit, subject to the rules and eligibility provisions of the health insurance carrier, the surviving spouse, if any, shall continue to receive the benefit prescribed in paragraph a. above, until said entitlement would have been exhausted

7 had the retiree received the whole benefit. c. After the health insurance benefit has been exhausted, subject to the rules and eligibility provisions of the health insurance carrier, the retiree or his/her spouse may continue health insurance coverage at his/her own expense. d. If the Administrator is eligible for retirement benefits under this section, the Administrator is not eligible for the severance benefit in Section f. below.

8 e. The Administrator retiring pursuant to this provision forfeits any and all right to future employment by the Board. If the Administrator is reemployed by the Board during such time as retirement benefits are being paid pursuant to this provision, and if the position to which the Administrator is re-employed includes health insurance benefits, the Administrator shall have the option to either continue the retirement benefits pursuant to this provision and waive eligibility for health insurance benefits attendant to the position for which he/she is re-employed, or elect the health insurance benefits attendant to the position for which he/she is re-employed and hold the retirement benefits pursuant to this provision in abeyance until the Administrator is no longer eligible for health insurance benefits attendant to the position or stops such benefits, whichever occurs first. f. In lieu of the benefit set forth in paragraph a. above, the Administrator may elect, in his/her written application for retirement benefits, the following option: creation of a health insurance premium pool of dollars calculated by multiplying the monthly single or family health insurance premium for the school year prior to retirement times ninety-six (96). The single or family health insurance premium amount shall be determined by the group health insurance coverage maintained by the Administrator through District employment in the month immediately preceding the effective date of retirement. The Board shall reimburse the retiree for documented health insurance premium payments made subsequent to retirement within (30) days of presentation of proof of premium payment by the retiree. Said reimbursements shall continue until the pool is exhausted, including during such time that such statements are presented to the Board by a surviving spouse. An election pursuant to this paragraph shall be irrevocable and failure to make such an election pursuant to this paragraph in the Administrator s application for retirement benefits shall waive any right to this option. g. In consideration of the benefits set forth herein, Administrator shall execute a waiver, release and indemnity agreement drafted by the Board, which shall protect releasees as identified by the Board from any and all claims as defined by the Board arising out of or relating to the Administrator s employment by the Board and/or his/her retirement. It is the intent of this paragraph that among other claims who retires pursuant to this Section shall waive any right or claim as permitted by law to back pay, reinstatement, or other damages to which the retiree may have under the Federal Age Discrimination in Employment Act of 1967 (29 U.S.C. 621, et seq.) As amended by the Older Worker benefits Protection Act of 1990; and the Wisconsin Fair Employment Act (Wis. State and ). J. Holiday - The Administrator shall be entitled to time off with pay on the following holidays designated by the Board: 240 days - 11 holidays: July 4, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve Day, Christmas Day, New Year s Eve, New Year s Day, Good Friday, Easter, and Memorial Day; days - 9 holidays: July 4, Labor Day, Thanksgiving Day, Christmas Eve Day, Christmas Day,

9 New Year s Eve, New Year s Day, Good Friday and Memorial Day; and days - 7 holidays: July 4, Labor Day, Thanksgiving Day, Christmas Day, New Year s Day, Good Friday and Memorial Day. K. Mileage - The authorized use of the Administrator s personal vehicle in the Administrator s exercise of the duties and responsibilities of his/her position shall be reimbursed by the Board. Contract Duration 5.01 This contract shall cover a period of only two (2) years. The provisions of this contract will be effective as of the first day of July, and shall continue until the thirtieth day of June,. The employment year shall be considered to consist of days. Each administrator will be expected to work at least two weeks before the first day of school for teachers and at least two weeks after the last day of school for teachers. Exceptions to this must receive prior approval of the District Administrator On July 1,, and each July 1 thereafter, this contract shall be automatically extended for an additional one-year term (that year being July 1 - June 30), unless on or before January 15,, and each January 15 thereafter (if the contract has been extended), the Board advises the Administrator, in writing, that the contract is to terminate at the end of the then current twoyear term. Any such extended contract shall be pursuant to the same terms and conditions. The Board, in its sole discretion, and with or without cause and without the necessity of holding a hearing, may decline to extend this contract for an additional year, in which case the contract shall continue only for the term applicable (that is, the remaining portion of the current year and, as appropriate, the remaining year of the term). Notwithstanding the automatic extension provision in this paragraph, the contract shall not be extended if the administrator declines such extension in writing delivered to the Board President on or before January 31 following said automatic extension. Contract Renewal/Non-Renewal 6.02 Renewal and non-renewal of this contract shall be governed by Wis. Stat (6) and (7). Where just cause exists, the Board may non-renew the administrator contract. Contract Termination 7.01 Upon mutual written agreement by the Board and the Administrator this contract and employment of the Administrator may be terminated without penalty or prejudice against either the Board or the Administrator. In this event, the Board shall pay the Administrator all remuneration and benefits accrued but unpaid during the period of employment immediately prior to such termination Where just cause exists, the Board may terminate this contract and discharge the Administrator from employment provided the Administrator has received prior notice, in writing, from the Board of its intent and the alleged reason(s) for such discharge. Upon written request, a hearing shall be conducted with full regard to due process. Liquidated Damages 8.01 The Board reserves the right to act on requests for release from or breaches the Administrator contract. If released from his/her contract, the Administrator will pay one percent (1%) of his/her compensation, as enumerated in this contract, in liquidated damages.

10 8.02 The Board will waive all liquidated damages if the Administrator: a. Gives at least thirty (30) days notice and the resignation is effective anytime between June 1 and July 1. b. Is requesting release due to serious conditions beyond the contract of the Administrator (such as serious illness, relocation of the family due to spouse s employment, incapacity, or any other similar cause). Invalid Provisions 9.01 If any article or part of this contract is held to be invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any part should be restrained by any tribunal, the remainder of the contract shall not be affected thereby. Evaluations The Board shall evaluate the performance of the Administrator at least once during each school year.

11 Dated this day of, 200_. Medford Area Public School District Board of Education President Administrator Vice President Date Clerk Treasurer admincontractnew

12 OLLECTIVE ARGAINING GREEMENT BETWEEN THE MEDFORD EDUCATIONAL ASSOCIATION AND BOARD OF EDUCATION MEDFORD AREA PUBLIC SCHOOL DISTRICT Years

13 July 1, June 30, 2001 and July 1, June 30, 2003 TABLE OF CONTENTS... ARTICLE I... ARTICLE II... ARTICLE III... ARTICLE IV... ARTICLE V... A. Savings Clause B. Pay Periods C. Dues Deduction D. Modified Fair Share E. Investigation Clause ARTICLE VI... A. Professional Staff Member's Work Day B. Duty-Free Lunch C. Homebound Teaching D. Professional Staff Member Access to Personnel Records E. Calendar F. Students Discipline and Professional Staff Member Protection G. Absence from Duties for Reasons of Injury ARTICLE VII... A. Individual Contracts B. Part-time Contracts C. Replacement Professional Staff Member Contracts D. Evaluation E. Withholding Increments F. Non-Renewal Contracts G. Immediate Dismissal H. Liquidated Damages I. Probation ARTICLE VIII... Grievance Procedure A. Purpose B. Definition C. Step I D. Step II E. Step III F. Step IV G. Step V

14 ARTICLE IX... ARTICLE X... A. Leaves B. Sick Leave C. Anticipated Temporary Disability Leave D. Funeral Leave E. Family or Medical Leave F. Emergency Business Leave G. Personal Leave H. Extended Illness Leave I. Professional Leave J. Sabbatical Leave K. Legal Leave L. Annual WEAC Assembly M. Special Leave for Newborns and Adoptees ARTICLE XI... A. Voluntary B. Involuntary ARTICLE XII... Reduction in Staff ARTICLE XIII... Compensation A. Salary Schedule B. Placement C. Outside Experience D. Additional Education E. Prep Period Substitute Professional Staff Member F. Chaperon Pay G. Summer Employment H. Qualification for Benefits I. Premium Only Plan J. Health Insurance K. Dental Insurance L. LTD Benefit M. Early Retirement Window N. Retirement Benefits O. Wisconsin Retirement System P. Payment for Unused Leave ARTICLE XIV... Duration Appendix A... A Revised School Calendar A School Calendar A Revised School Calendar A School Calendar Appendix B... B Salary Schedule B Salary Schedule B Salary Schedule B Salary Schedule

15 Appendix C... C-1 Senior High Co-Curricular C-2 Middle School/Elementary Co-Curricular Side Letter #1...Implementation of Economic Settlement Side Letter #3... Technology Proficiency Side Letter #4...Teacher Load PREAMBLE This Agreement is made and entered into effective on the 1st day of July, 1999, by and between the Board of Education for Medford Area Public School District (hereinafter referred to as the "District") and its professional employees represented by the Medford Education Association (hereinafter referred to as the "Association.") ARTICLE I RECOGNITION Recognition of Exclusive Bargaining Representative The Medford Education Association is recognized as the exclusive negotiating representative for all regular full-time and regular part-time professional employees of Medford Area School District on matters of wages, hours and conditions of employment, excluding confidential, supervisory, managerial, and nonprofessional employees and excluding substitute professional staff, administrators, special education supervisor, network and technology engineer, music supervisor and teaching principals whose assignment is at least 50% administrative. ARTICLE II MANAGEMENT RIGHTS AND BOARD FUNCTIONS Management retains all right of possession, care, control and management that it has by law, and retains the right to exercise these functions under the term of the collective bargaining agreement except to the precise extent such functions and rights are clearly restricted by the express terms of this Agreement. These rights include, but are not limited by enumeration to, the following rights: A. To direct all operations of the school system;

16 B. To establish and require observance of reasonable work rules and schedules of work; C. To hire, promote, transfer, schedule and assign employees in positions within the school system; D. To suspend, discharge, non-renew and take other disciplinary actions against postprobationary employees for cause; E. To relieve employees from their duties because of lack of work or any other necessary reason; F. To maintain efficiency of school system operations; G. To take whatever action is necessary to comply with state or federal law, or to comply with state or federal agency decisions or orders; H. To introduce new or improved methods or facilities; I. To select employees, establish quality standards and evaluate employee performance; J. To determine the methods, means and personnel by which school system operations are to be conducted; K. To take whatever action is necessary to carry out the functions of the school system in situations of emergency; L. To determine the educational policies of the school district; M. To determine the means and methods of instruction, the selection of textbooks and other teaching material, and the use of teaching aids, class schedules, hours of instruction, and terms and conditions of employment; N. To determine and assign the professional staff member duties during or outside of the work day and as extended in accordance with Article VI - A of this agreement. The foregoing enumeration of the functions of the District shall not be deemed to exclude other functions of the District not specifically set forth, the District retains all functions not otherwise specifically nullified by the Agreement. ARTICLE III ASSOCIATION RIGHTS AND DUTIES A. The Association encourages the Board and Administration to notify the Association of possible abuse of the terms of this Agreement, and the Association shall encourage its members to live up to the term of this Agreement. B. The Association may post notices regarding matters related to the Association's responsibilities and functions as the exclusive bargaining representative on professional staff member bulletin boards at least one of which will be made available in each school building. Subject to all applicable rules and regulations of the U.S. Postal Service, the Association may use 5

17 professional staff member mailboxes for communication to professional staff regarding matters related to the Association's responsibilities and functions as the exclusive bargaining representative, but in no event for partisan political purposes. Bulletin board notices shall be approved by building principals before posting. C. The Board shall provide sufficient time during the first inservice day, at the beginning of the school year, for the Association to meet with the new professional staff prior to the Association's general meeting. D. Space will be provided by the Board in the high school faculty workroom for the Association's file cabinet. E. The Association shall have the right to hold local meetings for purposes directly related to the Association's responsibilities and functions as exclusive bargaining representative for the professional staff in school facilities after 4:00 p.m. and with the prior consent of the building principal. The principal shall be notified of the Association's desire to use the facility a reasonable length of time prior to the proposed use. F. The Association shall have the right to use school equipment for purposes directly related to the Association's responsibilities and functions as exclusive bargaining representative for the professional staff after 4:00 p.m. and with the prior consent of the building principal. When such occurs, the Association agrees to pay the cost of all supplies used and also pay its proportionate share of the cost of operating the equipment. Where copying machines are used, the Association agrees to pay the normal established per copy rate. G. The Administrator shall furnish the MEA Negotiator the following information for the purpose of expediting the bargaining process: 1. The name of each professional staff member, the step currently occupied by each professional staff member on the salary schedule; and each professional staff member's current salary. 2. The cost of the insurance programs. 3. A copy of the district budget. ARTICLE IV NO STRIKE CLAUSE A. Employees of the School District shall not engage in, condone, assist or support any strike, slowdown or sanction, or withhold in full or part any services to the District. In the event of a violation of this paragraph, the District may take whatever disciplinary action it deems appropriate up to and including discharge, subject to the other provisions of the contract. 6

18 ARTICLE V SECURITY A. Savings Clause: If any section of this Agreement or an addendum thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any section should be restrained by such tribunal, the remainder of this Agreement and addendums thereto shall not be affected thereby, and the parties shall enter into collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such (invalid) section. B. Pay periods: Professional staff shall be paid in twenty-four (24) similar installments, subject to deductions and/or pay adjustments and shall be issued during the teaching day, on or before the 15th and last day of each month as indicated in the individual contracts. Once the professional staff member has completed his/her teaching duties for the school he/she may collect the remaining checks. C. Dues Deduction: Upon receipt of a voluntary annual written dues deduction authorization signed and dated by the employee and delivered to the Director of Business Services no later than September 1, the District shall deduct from the employee's salary the amount of Association dues as certified in writing by the President of the Association to the Director of Business Services prior to September 1, subject to the following conditions: 1. The amount certified will not be changed during the membership year. 2. Dues shall be deducted from the eligible employee's wages in equal installments, commencing with the September 15 pay period and continuing through August 31. The District shall forthwith transmit said amount to the treasurer of the Association on or before the end of the month following the month in which such deduction was made with the final payment delivered to the Association prior to July 1. However, members may elect to have dues deducted in one (1) payment which shall be deducted, in full, from the next regular paychecks. 3. Employees may elect to revoke and terminate participation in the dues deduction by signing a written notice of revocation and termination with the District and the Association at least thirty (30) days prior to the first paycheck from which the monthly deduction would not be made. 7

19 4. In the event an employee leaves the employ of the District before all the equal installments have been deducted, or in the event an unforeseen circumstance causes the individual to receive no paycheck or a paycheck which is not sufficient to cover the dues deduction before all the equal installments have been deducted, the Association shall assume the responsibility of any further amounts due it. D. Modified Fair Share: All employees in the bargaining unit shall be required to pay, as provided in this Article, their fair share of the costs of representation by the Association. No employee shall be required to join the Association, but membership shall be available to all employees who apply, consistent with the Association constitution and by-laws. Effective thirty (30) days after the date of initial employment of a professional staff member or thirty (30) days after the opening of school in the fall semester, the District shall deduct from the monthly earnings of all employees in this bargaining unit, except exempt employees, their fair share of the costs of representation by the Association, as provided in Section (1) (h), Wisconsin Statutes, and as certified to the District by the Association. The deduction shall be divided into twenty-four (24) equal semi-monthly payments and commencing with the September 15 payroll checks, such payments shall be deducted from twenty-four (24) regular semi-monthly payroll checks. The deducted amount shall be paid to the treasurer of the Association on or before the end of the month following the month in which such deduction was made, however, Association members may elect to pay professional dues in one (1) payment which shall be deducted, in full, from the next regular payroll check provided that nothing in the above paragraph to be construed from preventing the Association from obtaining its full fair share entitlement because of the number or timing of the required deductions. For purposes of this Article, exempt employees are members of the bargaining unit who were not members of the Medford Education Association as of July 1, 1979, or who are dues paying members of the Association or personnel contracted on a less than half-time basis. The Association shall notify the District of those employees who are exempt from the requirements of the Fair Share provision, and shall notify the District of any changes in its membership affecting the operation of the provisions of this Article. The Association agrees to certify to the District only such fair share costs as are allowed by law, and further agrees to abide by the decisions of the Wisconsin Employment Commission and/or courts of competent jurisdiction in this regard. The Association agrees to inform the District of any change in the amount of fair share cost thirty (30) days before the effective date of change. The Association shall provide employees who are not members of the Association, with an internal mechanism within the Association which is consistent with the requirement of state and federal law which will allow those employees to challenge the fair share amount certified by the 8

20 Association as the cost of representation and to receive, where appropriate, a rebate of any money determined to have been improperly collected by the Association. To the extent required by state or federal law, the Association will place in an interest-bearing escrow account any disputed fair share amounts. The Medford Education Association and WEAC hereby do indemnify and shall save the District, Board members and agents harmless against any and all claims, demands, suits, or other forms of liability, including court costs, damages, and any attorney fees awarded against the District, its Board members and agents that arise as a result of complying with the provisions of this Article, and in reliance on any lists or certificates or representations which have been furnished to the District, Board member or agent pursuant to this Article; provided that the defense of any such claims, demands, suits or other forms of liability shall be under the control of the Association and its attorneys. However, nothing in this section shall be interpreted to preclude the District, Board members or agents from participating in any legal proceedings, challenging the application or interpretation of this fair share agreement representatives of its own choosing and at its own expense. E. Investigation Clause: One Association officer or representative may visit school buildings and classrooms at the end of the student day with said representative's principal's permission to investigate grievances and to check on compliance with this contract at times when said grievances or non-compliance with this contract is said to occur. ARTICLE VI WORKING CONDITIONS A. Professional Staff Member's Work Day: The professional staff member's work day shall consist of not more than eight (8) hours which shall include a thirty (30) minute duty-free lunch period as provided for in Article VI, Part B, of this Agreement. On all days preceding nonschool days, professional staff may leave the premises a reasonable time after the buses have departed. Nothing contained herein, Section A, prohibits or limits the right of the Board and Administration from extending the professional staff member's work day to include non-teaching assignments and duties normally associated with the teaching profession, for example and not limited by: special school programs, meetings, and assignments when professional staff will stay until completion of the activity or event. It is understood that these types of events will not require staff to regularly stay beyond the normal work day. The Administration shall endeavor to distribute the workload relatively equally among qualified employees throughout the school year. 9

21 B. Duty Free Lunch: Professional staff member's workday shall include a thirty (30) minute duty free lunch period. The Board agrees to pay all professional staff who volunteer their services during their duty free lunch period in accordance with the following: 1. Professional staff who volunteer their services for the entire thirty (30) minutes shall be paid at a rate of $7.50 per hour and shall receive a free school lunch. 2. Professional staff who volunteer for at least fifteen (15) minutes shall receive either a free school lunch or pay at the rate of $7.50 per hour, choice at the discretion of professional staff member. C. Homebound Teaching: When homebound instruction exceeds one (1) week and the professional staff member must visit the student after regular school hours, the professional staff member shall meet with the principal and determine the educational program needed. Once the need is determined, the professional staff member shall indicate to the principal whether he/she wishes to act as the homebound professional staff member. If the professional staff member accepts the position, the professional staff member shall be paid mileage at the district rate and paid the preparation period substitute rate per hour of actual instruction time. The district may contract with other schools or individuals to accommodate the homebound student. D. Professional Staff Member Access to Personnel Records: All professional staff member files will be maintained under the following circumstances: 1. Commencing on the first day of employment in this district, no material derogatory to a professional staff member's conduct, service, character, or personality shall be placed in the files unless the professional staff member has had an opportunity to read the material. The professional staff member shall acknowledge that he/she has read such material by signing the actual copy to be filed with the understanding that such a signature merely signifies that the professional staff member has read the material to be filed. 2. The professional staff member shall have the right to answer any material filed and the professional staff member's answer shall be reviewed by the District Administrator and attached to the file copy. 3. Subject to Section of the State Statutes the District Administrator, upon receipt of a request from a professional staff member, shall give access to any document placed in the professional staff member's file dated after the professional staff member has been employed by the district. The professional staff member shall have the right and opportunity to discuss any matter pertaining to his/her file with the administration. 10

22 E. Calendar: The calendar for the school year covered by this Agreement, is set forth in Appendix "A3A, A3B, A4A and A4B" which is attached hereto and made a part thereof. F. Students Discipline and Professional Staff Member Protection: The District shall distribute to all professional staff policies, rules and regulations governing the utilization of discipline with regard to students and the suspension and expulsion of students which professional staff are required or expected to implement or follow. Any case of assault upon a professional staff member in pursuit of his/her employment shall be promptly reported to the Board or its designated representative. The Board will provide legal counsel to advise the professional staff member of his/her rights and obligations with respect to such assault and shall promptly render all reasonable assistance to the professional staff member in connection with handling of the incident by law enforcement and judicial authorities. If any professional staff member is complained against or sued as a result of any action taken by the professional staff member while in pursuit of his/her employment, the Board, at its discretion, will act in accordance with Wisconsin Statute Time lost by a professional staff member in connection with any incident mentioned in this article shall not be charged against the professional staff member's sick leave; however, if the professional staff member was not acting in the proper pursuit of his/her employment, the Board may deny salary and fringe benefits. G. Absence from Duties for Reasons of Injury: 1. Whenever an employee is absent from school as a result of personal injury caused by an assault rising out of and in the course of his/her employment, he/she shall be paid his/her full salary for the period of such absence or the balance of that contract year, whichever is shorter, without having such absence charged to the annual sick leave or accumulated sick leave. Any amount of salary payable pursuant to this section shall be reduced by the amount of any worker's compensation awarded for disability due to the said assault injury for the period for which such salary is paid. 2. The Board shall have the right to have the employee examined by a physician to establish the length of time during which the employee is disabled from performing his/her duties. ARTICLE VII PROFESSIONAL STAFF MEMBER CONTRACTS A. Individual Contracts: Individual professional staff member contracts shall be deemed to incorporate all of the terms of this Agreement concerning wages, hours, and conditions of employment made between the District and the Association. 11

23 B. Part-time Contracts: The District will use the following procedure to calculate part-time professional staff member compensation including benefits: Teaching loads will be calculated on the number of periods that the professional staff member teaches and/or supervises students divided by seven (7) work periods for secondary professional staff. This calculation will provide a prorated amount of preparation time for the professional staff member. If scheduling/room conflicts require a non-work period during the part-time work day, that time will be considered paid for prep time, and eight (8) work periods will be the denominator. C. Replacement Professional Staff Member Contracts: A replacement professional staff member is a professional staff member who is hired to replace a bargaining unit member who is on a full school year approved leave of absence, or who is released from or breaches his/her contract within two (2) weeks of the beginning of the school year. A professional staff member's status as a replacement professional staff member terminates at the end of the replacement term and the staff member shall have no continuing employment rights. Should a replacement professional staff member be hired as a regular staff person as provided in Article I - Recognition, the staff member shall receive salary schedule placement for the time as a replacement staff member, and any other such credit for experience pursuant to Article XIII, Section C - Outside Experience. Replacements who are hired as regular staff shall be given credit for the year of experience as a replacement staff member as applied to their probationary status. Termination of replacement personnel shall not be deemed a layoff (reduction in force) within the meaning of Article XII of this Agreement, and thus, these employees will have none of the rights under Article VII or of Wisconsin Statutes. This section does not apply to long term substitute professional staff employed for less than a full school year. Substitutes are not covered by the Working Agreement. D. Evaluation: The parties recognize that evaluation and supervision cannot be separated from the possibility of discipline based thereon. During the early part of the school year the school administration will supply new professional staff with copies of the school district's evaluation instrument. The administration will explain its operation and procedures to the members of the Association prior to its first use. The evaluation instrument/procedure shall be directly related to class/job performance. The District is not limited to using only the usual evaluation instrument. Professional staff will receive a written evaluation at least once every three years by their principal and/or other member of the Administrative team or a qualified outside evaluator. No member of the bargaining unit may evaluate another member of the bargaining unit. Any written 12

24 materials placed in the professional staff member's file shall be done as provided in Section D of Article VI. Classroom Evaluation shall not be based on unethical means, but an observation of at least forty (40) consecutive minutes. Conferences initiated by the professional staff member with his/her principal concerning evaluations, (class visitations, etc.), effectiveness of his/her work, requests for classroom visitations, or any other professional help are welcomed and encouraged. The evaluator shall meet with the professional staff member to discuss each evaluation within fifteen (15) working days of each observation. E. Withholding Increments: The Board reserves the right to withhold a professional staff member's increment. In the case of a professional staff member already at the top step of a given lane of the salary schedule, a sum representing the equivalent of one increment for that lane shall be deducted from the professional staff member's annual salary. A professional staff member whose increment is to be withheld (or an equivalent sum deducted) for the ensuing year will be notified in writing of the reasons for such action on or before February 28th. A professional staff member feeling he/she has complied or fulfilled all deficiencies may, in writing, request reinstatement of the increment at the beginning of the second semester of the school year following the withholding. The Board shall review such a request and on the recommendation of the immediate supervisor shall reimburse the professional staff member, providing all deficiencies have been met. F. Non-Renewal of Contracts: At least fifteen (15) days prior to giving written notice of refusal to renew a professional staff member's contract for the ensuing school year, the employing Board shall inform the professional staff member by a preliminary notice, in writing, that the Board is considering non-renewal of the professional staff member's contract. If the professional staff member files a request with the Board within five (5) days after receiving the preliminary notice, the professional staff member has a right to a private conference with the school board prior to being given notice of refusal to renew his/her contract. Both the Board and professional staff member shall have the right to representation and the right to call witnesses if they so desire at the private conference. No professional staff member may be dismissed except by a majority vote of the full membership of the Board. G. Immediate Dismissal: Nothing herein shall interfere with the District's right to immediate suspension or dismissal of a professional staff member at any time for just cause. 13

25 H. Liquidated Damages: The Board reserves the right to act on requests for release from individual professional staff member contracts. Professional staff who are released from individual contracts will pay liquidated damages according to the following schedule: 14

26 1. Up to June 1 $ June 1 through June 30 $ July 1 through July 31 $ August 1 through 8 calendar days prior to the first scheduled day for students $ After eight (8) calendar days prior to the first scheduled day for students through the remainder of the school year, professional staff will be released if an acceptable certified replacement can be found and upon payment of $ Parts 1 and 2 of this section shall remain unchanged through the school year. 4. The District may waive liquidated damages in the event the request for release is prompted by conditions beyond the control of the professional staff member, such as serious illness or relocation of the family due to the spouse's employment. 5. Any professional staff member who breaches an individual professional staff member contract shall pay the District liquidated damages according to the above schedule. In the event of a breach of an individual professional staff member contract, such liquidated damages may be deducted from any amounts due to the professional staff member. I. Probation: A probation of three (3) years shall be served by all professional staff entering the employment of the District with less than three (3) years of Wisconsin Public School teaching experience. A probation of two (2) years shall be served by all professional staff entering the employment of the District with three (3) years or more of Wisconsin Public School teaching experience. During the two (2) or three (3) year probation period, such professional staff member may be suspended, discharged, non-renewed or have other disciplinary action taken without application of the just cause standard and shall not have access to the grievance procedure for suspension, discharge, non-renewal or other disciplinary action. Thereafter, a professional staff member may be suspended, discharged, non-renewed or have other disciplinary action taken against them only for just cause. ARTICLE VIII GRIEVANCE PROCEDURE 15

27 A. Purpose: The purpose of this Article is to provide an orderly method for resolving grievances during the term of this Agreement. A determined effort shall be made to settle any such differences at the lowest possible level in the grievance procedure. Meetings or discussions involving grievances or these procedures shall not interfere with teaching duties or classroom instruction except that necessary witnesses shall be given released time, with pay, for time necessary to be spent in testifying at a hearing scheduled during working hours by an Arbitrator in Step IV hereof. B. Definition: A grievance is defined as any difference or dispute regarding the interpretation or application or enforcement of this Agreement. "Days" are defined as professional staff member workdays, except during summer recess, when "days" shall mean calendar days exclusive of weekends and holidays. "Grievant" is defined as any bargaining unit member or the Association, provided that when the Association processes a grievance on behalf of a bargaining unit member, it must be with the express consent of said member. Any grievant may be accompanied by an Association representative at any level of the grievance procedure. C. Step I: If a bargaining unit member disputes the interpretation or application of this agreement, the first step/procedure will be an informal meeting between the grievant (and association representative if desired) and the principal. D. Step II: If the matter is not resolved informally, it shall be reduced to writing by the grievant who shall submit it to the principal. The written grievance shall: 1. Outline the facts of the grievance. 2. Specify the article and section alleged to have been violated, and 3. Specify the remedy sought. If a grievant does not submit his/her grievance to the principal in writing in accordance with Step II within fifteen (15) days after the facts upon which the grievance is based first occur or first become known to the grievant, the grievance shall be deemed waived. The principal will reply, in writing, to the grievant with a copy to the Association within fifteen (15) days after receipt of the written grievance. E. Step III: If the grievance is not resolved in Step II, the grievant may file the grievance, in writing, with the District Administrator, provided that such grievance shall be filed within ten (10) days after receipt of the principal s written response. If the grievant does not submit his/her grievance to the District Administrator in writing in accordance with Step III within ten (10) days after receipt of the principal s response, the grievance shall be deemed waived. A meeting between the grievant, association representative, principal, district administrator and other mutually acceptable party(ies) shall occur within ten (10) days of the grievance being filed, unless 16