VI.A SYNOPSIS: Policy Procedure

Transcription

1 BOARD OF TRUSTEES Policy No. VI.A Page 1 of 2 Pages CHAPTER : Personnel Classified Classified Employment Status VI.A SYNOPSIS: Policy Procedure 1. Regular Employment * a. Probationary Status * b. Permanent Status * 2. Temporary Employment * 3. Student Employees * VI.A Regular Employment a. Probationary Status All new employees and employees appointed to a new position in a different class shall serve a probationary period of not less than one year. An employee who is promoted shall serve the one-year probationary period in the higher classification. However, if the employee is in a probationary status at the time of promotion, the time spent in the higher classification shall apply toward permanency on the lower classification. A permanent employee who is serving a probationary period as a result of a promotion and who is found unsatisfactory in the higher position shall be reinstated to his/her former classification and status unless there is cause for dismissal in accordance with Board policy. A probationary period is part of the selection process for any permanent appointment. As soon as practicable after appointment, the supervisor shall discuss the standards of performance and behavior required of probationary employees. During the probationary period, a probationary employee may be dismissed by the Board upon the recommendation of the Superintendent/President without right of appeal. Effective Date: 1/21/92 Adoption History: Revised 1/20/93, 4/15/03, References: EC 72506, 88003, MiraCosta Community College District

2 BOARD OF TRUSTEES Policy No. VI.A Page 2 of 2 Pages b. Permanent Status Employees who have satisfactorily completed their one-year probationary period shall be granted permanent status in accordance with applicable statutes. 2. Temporary Employment Approval by the Board of Trustees must be obtained before a short term or temporary employee may begin work. The service required to be performed by the employee and the ending date of the service will be certified by the Board. The ending date may be shortened or extended by the board, but cannot extend beyond 75% of the school year. Short-term employees, employed and paid for less than 75 percent of a school year, shall not be a part of the classified service and do not earn the benefits of regular employment. "Substitute employee" means any person employed to replace any classified employee who is temporarily absent from duty. Substitutes shall not be a part of the classified service. "Short-term" employee means any person employed to perform a service for the District, upon the completion of which, the service required or similar services will not be extended or needed on a continuing basis. "Seventy-five percent (75%) of a school year" means one hundred ninety-five (195) working days, regardless of the number of hours worked per day. 3. Student Employees Workers (See Procedure VI.A-03) A full-time student, or a part-time student paid through work/study funds, employed on a parttime basis is classified as a student worker employee. Student worker employees shall not be part of the classified service and do not earn benefits. Part-time students who are not paid through work/study funds shall be employed for a maximum of 74 percent (74%) of each school year (194 working days). Student worker employees are covered by Worker's Compensation for injuries or death incurred while performing services for the District.

3 BOARD OF TRUSTEES Policy No. VI.B Page 1 of 3 Pages CHAPTER: Personnel Classified Selection/Appointment/Assignment VI.B SYNOPSIS: Policy Procedure 1. Selection * 2. Regular Appointment * VI.B Emergency Appointment * 4. Voluntary Transfer * 5. Administrative Transfer * VI.B-05a, VI.B-05b 6. Position Exchange * VI.B Voluntary Demotion * 8. Workday for Full-time Employees * 9. Workday for Part-time Employees * Work Year Temporary Assignment/Change of Assignment * * VI.B-10 VI.B Selection (See Procedure VI.B-01) The Superintendent/President shall maintain a selection procedure for all classified positions which shall be in accordance with equal employment regulations. 2. Regular Appointment A regular appointment is one made to a vacant position which is established in the District organizational structure, and which is expected to continue for more than twelve (12) months. 3. Emergency Appointment Appointments to prevent a stoppage of public business may be made without reference to any existing eligibility lists. Such appointments shall not have a duration of more than fifteen (15) working days. Only one such appointment may be given to an individual in any one calendar year. 4. Voluntary Transfer Transfer requests may be granted at any time, based on the needs of the district, subject to availability of positions and the qualifications of the employee. Employees being transferred will retain their step and longevity placement. Effective Date: 1/21/92 Adoption History: Revised 4/4/00, 4/15/03, 6/21/05 References: EC 72413, 88001, 88013, 88026, , 88109, 88160, MiraCosta Community College District

4 BOARD OF TRUSTEES Policy No. VI.B Page 2 of 3 Pages 5. Administrative Transfer (See Procedures VI.B-05a and VI.B-05b) Transfer of an employee from one position to another position not involving a change of classification may be made by the Superintendent/President at any time. 6. Position Exchange (See Procedure VI.B-06) In a position exchange, an employee normally assigned to one position is temporarily assigned to a different position within the same series and at the same salary range. Series is defined as the EE06 Category of the positions, i.e., Executive Administrative/Managerial, Professional/Non faculty, Clerical and Secretarial, Technical and Paraprofessional, Skilled Crafts, and Service/Maintenance. The exchange may be for a minimum of one month to a maximum of one year. Position exchanges are within the prerogative of management and are used to enhance district operations, provide for cross training, provide the opportunity for job enrichment and possible upward mobility, or to accommodate an employee's request. 7. Voluntary Demotion Demotion may be made voluntarily by an employee who has permanent status in a class, by requesting in writing that he/she be placed in a class or position with a lower minimum qualification and salary, with the approval of the Board and upon the recommendation of the Superintendent/President. The employee must be qualified to serve in the lower class, and an appropriate vacancy must exist. 8. Workday for Full-time Employees The workday for full-time classified employees is based on an eight-hour day and a 40-hour week. Hours of beginning and ending of shifts are to be established by the Superintendent/President, the division vice president, or his/her designee. Some classified positions may be assigned to a four-consecutive day work week of ten (10) hours per day, with the concurrence of the employee. The District also may establish a nine-hour per day, 80-hour per two-week work schedule, provided the establishment of the work schedule has the concurrence of the employee. When a nine-hour per day, 80-hour per two-week work schedule is established, it shall consist of nine work days: eight nine-hour days and one eight-hour day.

5 BOARD OF TRUSTEES Policy No. VI.B Page 3 of 3 Pages 9. Workday for Part-time Employees Part-time classified employees are assigned to positions which may require some performance every day that administrative offices are open, but which could be less than eight hours a day or less than forty (40) hours a week. For purposes of determining the work day for accumulation of vacation and sick leave and for holiday pay, the hours per week are divided by five. 10. Work Year (See Procedure VI.B-10) The Board shall establish annually a school calendar that will specify work days, legal holidays, and local holidays for classified personnel. Some positions are assigned year around; others that support the classroom environment are assigned less than twelve (12) months. 11. Temporary Assignment/Change of Assignment (See Procedure VI.B-11) Temporary assignments and/or change of assignments resulting from strategic planning activities such as innovations, initiatives or enhancements shall be for one year and may be renewed for one additional year for a maximum of two years. Existing regular classified employees and external applicants must compete for these assignments through a recruitment process.

6 BOARD OF TRUSTEES POLICY No. VI.C Page 1 of 9 Pages CHAPTER: Personnel Classified Classification and Compensation VI.C SYNOPSIS: Policy Procedure 1. Classification Plan * 2. Requests for New Positions/Classification Process * VI.C Appeals Procedure VI.C Temporary Reclassification * 5. Classified Salary Schedule * VI.C-05 a. Initial Placement on the Salary Schedule * b. Anniversary Date * c. Longevity Pay * 6. Shift Differentials * a. Split Shift * b. Evening and Graveyard Shifts * 7. Overtime * a. Overtime Compensation for Eligible Employees * b. Overtime Exempt * 8. Extended Day * a. Designated Employees * b. Flexible Workday/Work Schedule * 9. Substitute * VI.C On-Call Pay * 11. Emergency/Unscheduled Response Pay * 12. Payroll Procedures VI.C Retroactive Pay Following a Reclassification * VI.C Classification Plan The Board shall adopt a classification plan that will group positions into classes. Each class shall be composed of those positions that are sufficiently similar in skills, knowledge, abilities, duties and responsibilities required so that: a. The same or similar requirements as to education, experience, knowledge and ability should be required of incumbents; b. The same tests of fitness may be used to choose qualified employees; c. Effective Date: 1/21/92 Adoption History: Revised 3/8/95, 7/16/96, 6/16/98, 4/4/00, 2/20/01, 5/15/01, 4/15/03, 2/17/04, 6/15/04, 6/21/05, 7/19/05, 2/21/06, 12/5/06, approved 6/5/07 for effective 7/1/07, 2/19/08 References: EC 88003, 88009, et seq., 88160, 88181, MiraCosta Community College District

7 c. The same schedule of compensation can reasonably and fairly be made to comply under the same or substantially the same conditions of employment. Positions allocated to a class may be given the same identifying title and salary range. The duties and responsibilities of the various classifications shall be kept current. If it is determined through the classification process that any position is no longer properly allocated to the class in which it has been placed, the Superintendent/President shall recommend to the Board proper reallocation of the position. All requests for new classifications, along with position descriptions, shall be approved by the Board. 2. Requests for New Positions/Classification Process (See Procedure VI.C-02) When the need for a new position is identified, the appropriate supervisor shall develop the new position job description, in consultation with the Human Resources Director. The requests for new positions, which may or may not involve new classification, shall be presented to the appropriate division head through the Total Cost of Ownership (TCO process, in accordance with the budget calendar. Each request shall include a justification for the request as well as the new position description. After PBC approves the new position, the job description shall be submitted to the Classification Review Committee for review and point assignment. Requests for classification reviews may be initiated by the employee, his/her immediate supervisor, or the appropriate division head. The Superintendent/President shall publish rules and regulations to govern the classification review procedures; the Board will make the final decision. 3. Appeals Process (See Procedure VI.C-03) 4. Temporary Reclassification When an employee is temporarily assigned to perform duties of a higher classification for a period of time that exceeds five working days, the employee's salary will be adjusted upward to reasonably reflect the duties required to be performed outside his/her normal assignment. The employee will receive this salary adjustment from the first day of the assignment. 5. Classified Salary Schedule (See Procedure VI.C-05) The District will attempt to maintain a salary schedule for classified employees that is adequate to retain competent personnel. The Board will adopt a salary schedule for classified personnel that shall continue in force and effect until such time as a new schedule is adopted. The Board may increase, amend repeal, or suspend any or all of the rules and regulations and the salary schedules. Such changes may become effective on the date designated by the Board during any fiscal year. The Board of Trustees of the MiraCosta Community College District shall establish annual classified personnel salary increases based on the percentage increase of the district property tax revenues multiplied by the corresponding modifier displayed in the table below.

8 Capped at 8% Property Tax Increase Salary Increase From To Modifier From To < 0.99% % 0.000% 1.00% 1.99% % 0.995% 2.00% 2.99% % 1.794% 3.00% 3.99% % 2.793% 4.00% 4.99% % 3.867% 5.00% 9.99% % 7.992% 10.00% > % Whenever full time faculty salaries exceed salaries at the next highest paid California community college district(s) (as measured by averaging the two bench marks in the MCC annual faculty survey), the salary increases for the following year shall be equal to the increase in the most recent June to June Urban Wage Earners and Clerical Workers consumer price index (CPI) for San Diego County. The current salary schedule will be included in the appendix of the policies and procedures manual and will be available in the Human Resources Office. a. Initial Placement on the Salary Schedule As a general rule, new employees shall be placed on Step A or B. Where unusual circumstances warrant, the Board may approve initial placement above Step B upon the recommendation of the Superintendent/President. For placement on Step B, consideration shall be given to full-time continuous experience of not fewer than two years beyond the required minimum within the past five years. This experience must be directly related to the work to be done for the District. Previous experience shall be evaluated and a placement determination made by the Superintendent/President or his/her designee. An employee who claims outside experience must, within 30 days of the initial date of employment, provide information about that experience; the District has the right to verify this information. b. Anniversary Date An employee's anniversary date is the date on which employment in a regular position began. For pay purposes, all employees who have completed their service with a satisfactory rating shall automatically advance to the next salary step. Employees hired between the first and 15th of the month advance on the first of the month. Those hired between the 16th and the end of the month advance on the first of the following month. The supervisor may recommend that the step be withheld if performance of the individual is not satisfactory. The final decision on this matter shall be made by the Board.

9 c. Longevity Pay 6. Shift Differentials On completion of five (5) years of continuous service to the District, an additional five percent (5%) based on step 5 will be paid; on completion of ten (10) years of continuous service an additional five percent (5%) based on the first longevity (L-1) will be paid; on completion of fifteen (15) years of continuous service an additional five percent (5%) based on the second longevity (L-2) will be paid; and on completion of twenty (20) years of continuous service an additional five percent (5%) based on the third longevity (L-3) will be paid. These salary increments will be effective on the first day of the month of the anniversary date of employment, providing the anniversary date falls between the first and 15th of the month. For anniversary dates beginning on the 16th day to the end of the month, salary increments will be effective the first day of the following month. a. Split Shift Employees required regularly to work a split shift will receive additional pay as compensation for the inconvenience and additional time required for the completion of the assigned work day. Two and one-half percent (2.5%) will be paid for assignments in which the time between work periods is more than one-half hour but less than two hours. Five percent (5%) will be paid for assignments in which the time between work periods is two hours or more. Time allowed for meals and rest breaks are excluded from consideration in computing the time between work periods. When less than eighty percent (80%) of an assignment is on a split shift, the employee will be paid at the higher rate for only those days on which the split shift is worked. Example: Employee working 40-hour week is assigned split shift on Tuesday and Thursday, totaling sixteen (16) hours or forty percent (40%) of total assignment to be paid at a higher rate. Example: Employee working 30-hour week is assigned split shift on Monday, totaling six hours of twenty percent (20%) of total assignment to be paid at a higher rate. Split-shift assignments requiring pay increments shall be approved in advance by the Board. b. Evening and Graveyard Shifts Employees assigned to duty shifts that require a minimum of two hours of their assignment to be worked after 4:30 p.m. on a regular basis will receive a 2.5% increment. Employees assigned to duty shifts that require a minimum of two hours service after midnight on a regular basis will receive a 5% increment as compensation for working undesirable hours. There will be no recomputation for occasional hours of daytime assignment for the convenience of the District. When less than eighty percent (80%) of an assignment is on a split shift, the employee will be paid at the higher rate for only those days on which the split shift is worked.

10 7. Overtime Employees will not receive split shift and evening differentials for the same hours unless the employee's schedule satisfies the requirements for each stipend irrespective of the other. For example, an employee who works from 8:30 a.m. to 3 p.m., returns at 5:30 p.m. and works until 7 p.m. would only receive the split shift differential because, if the split is removed, s/he is no longer working two or more hours beyond 4:30 p.m. If an employee works from 8:30 a.m. to 3 p.m., returns at 5:30 p.m. and works until 10 p.m., the employee is entitled to both the split shift and evening differentials because s/he worked two or more hours after 4:30 p.m. regardless of the split. The regular or basic work week shall consist of five days and shall be no longer than forty (40) hours. When an employee works occasionally or sporadically on a part-time basis in a different capacity, the hours worked will not be combined for the purpose of determining overtime compensation. Such time shall be paid at the range of the position worked at the employee's current step. The performance of overtime services will be made on approval of the appropriate vice president. Overtime must be approved in advance except in an emergency. Executive, administrative, professional personnel, supervisors, and others defined as exempt by the Fair Labor Standards Act are excluded from the provisions of this section. a. Overtime Compensation for Eligible Employees Overtime, beyond eight hours in one day or forty (40) hours in one week, shall be compensated by paying one and one-half times the employee's regular hourly rate of pay for each hour worked or by time off at the rate of one and one-half hours for every hour of overtime. Employees assigned to a four consecutive day work week of ten (10) hours per day earn overtime for all hours worked in excess of the required 10-hour work day. Work performed on the fifth, sixth and seventh days shall be compensated at a rate equal to one and one half times the regular rate of pay of the employee designated and authorized to perform the work. When a 9-hour per day, eighty (80) hour per two week work schedule is established, the overtime rate shall be paid for all hours worked in excess of the required nine-hour work day at a rate equal to one and one-half times the regular rate of pay for the employee designated and authorized to perform the work. Shift differential will not be paid to employees working on a 4/10 or 9/80 schedule. A part-time employee shall be paid an "extra-time" rate for all hours worked in excess of their regular assignment through the eighth hour at the regular rate of pay for the employee designated and authorized to perform the work. Compensatory time off is not an option for "extra time." b. Overtime Exempt The Board will specify certain positions or classes of positions as supervisory, administrative, executive, or professional, and exclude the employees serving in such positions from overtime provisions.

11 In approving these positions for exclusion from the overtime provisions, the Board certifies that the duties, flexibility of hours, salary, benefit structure, and authority of the positions are of such a nature that they should be set apart from those positions which are subject to the overtime provision. Employees in positions designated as overtime exempt are ineligible for evening or split shift differentials unless it can be shown that their assignments require them to work split shifts or evenings on a regular basis, in spite of the flexible nature of the positions. The following positions are specified as overtime exempt: Academic Computing Coordinator Accounting Supervisor Coordinator, Health Services Coordinator, Institute for International Perspectives Coordinator, Open Learning Coordinator, SEC Coordinator, School Relations/Outreach Coordinator, Student Services Coordinator, Student Services - Activities Coordinator, Tech Prep Coordinator, Technical Services Director of Risk Management/ADA Coordinator Director of Annual Fund Director of Budget Director of Campus Police Director of Community Services and Business Development Director of Facilities Director of Finance and Auxiliary Services Director of Financial Aid Director of Human Resources Director of Institutional Research Director of Public Relations Director of Purchasing and Material Management Executive Assistant to the Superintendent/President Executive Director of Fund Development & College Foundation Facilities Supervisor Grounds Maintenance Supervisor Library Operations Supervisor Network Specialist Payroll Supervisor Programmer Analyst Director of Admissions and Records/Registrar SEC A&R Supervisor Senior Business Consultant - SBDC Senior Programmer/Analyst System Administrator Web Developer

12 8. Extended Day a. Designated Employees Positions which the Board finds to be subject to fluctuations in daily working hours not susceptible to administrative control may be exempt from compensation for overtime in excess of eight (8) hours in one day. Hours worked in excess of forty (40) hours in a week period shall be compensated on an overtime basis. Employees in positions designated as extended day are ineligible for evening or split shift differentials unless it can be shown that their assignments require them to work split shifts or evenings on a regular basis, in spite of the flexible nature of the positions. Positions designated as extended day are: Access Specialist Athletic Equipment Attendant Campus Police Officer Campus Police Sergeant Cashier II Instructional Technology Specialist Client Support Specialist Community Services Assistant I and II Coordinator of Communications Design Faculty Support Specialist HVAC Mechanic Information Technology/Training Specialist/Project Manager, Technology Institute Instructional Assistant Instructional Associate Job Skills Training Placement Specialist Marketing and Media Relations Coordinator Media Services Technical Assistant Media Services Specialist Network/Telecommunications Specialist Noncredit Student and Faculty Support Assistant Noncredit Student and Faculty Support Specialist Nursing Associate Pre-Employment Training Specialist Special Project Coordinator Special Services Assistant Systems and Procedures Analyst Testing Services Specialist b. Flexible Workday/Work Schedule Departments/Divisions may establish flexible work schedules of not more than 80 hours in a two calendar week period for their classified employees with concurrence of each of the affected employees. Actual hours to be worked on any day within such period shall be determined by the supervisor and employee. Such agreements may be established on either an individual or department wide basis. No employee or group of employees shall be expected or required to accept a flexible workweek assignment.

13 Where a flexible workweek has been established and agreed to by the incumbent employee, supervisor, department head and vice president, the overtime rate shall be paid for hours approved and worked in excess of 80 in the period. A workweek shall begin Monday and end Sunday. 9. Substitute (See Procedure VI.C-09) The substitute rate of pay will be Step A of the appropriate range for the job classification. Formerly employed persons retained on the substitute list or returning to the employ of the District as substitutes or temporary employees shall be placed on Step B of the range assigned to the job classification in which they are substituting. 10. On-Call Pay Employees who are required to be available to respond to emergencies that occur on weekends (Saturday and Sunday), holidays and/or other day(s) when the campus is closed shall receive a minimum of two (2) hours on-call pay at his/her regular hourly rate for each day s/he is assigned to be on-call. If called to work while on-call, compensation will include the two (2) hours of oncall pay plus actual hours worked. Actual hours worked by non-overtime exempt employees which exceed forty (40) for the week, when properly authorized, shall be paid at his/her overtime rate. Supervisors shall reduce the on-call employee's normal workweek in order to avoid subjecting the employee to unnecessary fatigue. On-call assignments shall be made in advance by the department head with approval from the appropriate vice president. The affected employees shall carry a beeper wherever they go while on-call and shall stay within 30 minutes drive from all of the college campus locations. An employee shall have the right to refuse such assignment provided another employee within the same eligible classification is available and accepts the reassignment. Employees in the following job classifications are eligible to receive on-call pay when required and properly authorized: Building Maintenance Mechanics I, II, III Campus Police Officers Client Support Specialist Heating/Ventilation/AC Mechanic Network Specialist Network/Telecommunication Specialist Vehicle & Equipment Maintenance Mechanic Supervisors are ineligible to receive on-call pay. 11. Emergency/Unscheduled Response Pay Overtime exempt employees who are required to respond to emergencies or other unscheduled situations that occur evenings, weekends (Saturday and Sunday), holidays and/or other day(s) when the campus is closed shall be compensated for all hours worked beyond four (all hours worked on a holiday shall be compensated) when it is determined by the appropriate division head that such response could not have been delegated to another non-exempt employee or independent contractor.

14 Such compensation shall be made either in time off equal to one hour for each hour worked beyond four (except holidays) and/or payment at his/her regular hourly rate for all hours worked beyond four (except holidays). The employee's division head shall determine how the employee will be compensated. 12. Payroll Procedures (See Procedure VI.C-12) 13. Retroactive Pay Following a Reclassification (See Procedure VI.C-13)

15 BOARD OF TRUSTEES Policy No. VI.D Page 1 of 4 Pages CHAPTER: Personnel Classified Classified Administrators VI.D SYNOPSIS: Policy Procedure 1. Classified Administrator Positions * 2. Classified Administrator Salary Schedule Policy * VI.D-02 a. Initial Placement * b. Longevity Pay * 3. Reclassification * VI.C Performance Appraisal * 5. Holidays * 6. Vacation * 7. Professional Development * Appendix 8. Classified Administrator Salary Schedule VI.D Classified Administrator Positions In accordance with applicable state statutes and regulations, the Board of Trustees designates certain positions as non-contract classified administrator positions. Based on the criteria listed below, the positions are: Director of Admissions and Records/Registrar Director of Campus Police Director of Cashiering Services Director of Child Development Director of Community Services and Business Development Director of Facilities Director of Financial Aid and Scholarships Director of Fiscal Services Director of Human Resources Director of Institutional Research Director of Marketing and Communication Director of Purchasing and Material Management Director of Risk Management/ADA Coordinator Executive Director of Development & College Foundation Effective Date: 1/21/92 Revised: 7/20/94, 7/16/96, 4/4/00, 2/20/01, 4/15/03, 6/15/04, approved 6/5/07 for 7/1/07 effective date, 11/20/07 References: EC , 88200,82203, MiraCosta Community College District

16 Pursuant to Education Code Section 87002: (a) "Administrator" means any person employed by the governing board of a community college district in a supervisory or management position as defined in Article 5 (commencing with Section 3540) of Chapter 10.7 of Division 4 of Title 1 of the Government Code. (b) "Educational administrator" means an administrator who is employed in an academic position designated by the governing board of the district as having direct responsibility for supervising the operation of or formulating policy regarding the instructional or student services program of the college or district. Educational administrators include, but are not limited to, chancellors, presidents, and other supervisory or management employees designated by the governing board as educational administrators. (c) "Classified administrator" means an administrator who is not employed as an educational administrator. Positions designated as classified administrators must meet a preponderance of the following criteria: 1) Supervise permanent district staff in technical and non-technical as well as professional and/or administrative positions. 2) Have responsibilities and/or influence over cross-divisional and multi-campus site span of control. Additionally, have responsibility for inter-divisional service to students, staff and faculty. 3) Provide substantial budget supervision and have signature authority for both departmental and District financial transactions. 4) Have the requirement and the responsibility for writing, interpreting and implementing District policies and procedures. 5) Have the requirement and the responsibility for interpreting and implementing federal, state and local government statutes and regulations. 6) Report to a senior-level educational administrator such as Dean or Vice President. 2. Classified Administrator Salary Schedule Policy The District will attempt to maintain a salary schedule for classified administrators that is adequate to attract and retain competent personnel. The Board may increase, amend, repeal, or suspend any salary schedules and the rules and regulations pertaining thereto. Such changes may become effective on any date designated by the Board during any fiscal year, and shall continue in force and effect until such time as a new schedule is adopted. The Board of Trustees of the MiraCosta Community College District shall establish annual classified administrators personnel salary increases based on the percentage increase of the district property tax revenues multiplied by the corresponding modifier displayed in the table below: CAPPED AT 8% Property Tax Increase Modifier Salary Increase From To From To < 0.99% % 0.000% 1.00% 1.99% % 0.995% 2.00% 2.99% % 1.794% 3.00% 3.99% % 2.793% 4.00% 4.99% % 3.867% 5.00% 9,99% % 7.992% 10.00% > %

17 Whenever full time faculty salaries exceed salaries at the next highest paid California community college district (as measured by averaging the two benchmarks in the MCC annual faculty survey), the salary increases for the following year shall be equal to the increase in the most recent June to June Urban Wage Earners and Clerical Workers consumer price index (CPI) for San Diego County. The current salary schedule will be included in the appendix of the policies and procedures manual and will be available in the Human Resources Office. a. Initial Placement Initial placement on the Classified administrators salary schedule will be based upon training and experience. Evaluation of training and experience will be made by the Superintendent/President or his/her designee. Initial schedule placement will be made by the Superintendent/President. b. Longevity Pay On completion of five (5) years of continuous service to the District, an additional five percent (5%) based on step 5 will be paid; on completion of ten (10) years of continuous service, an additional five percent (5%) based on the first longevity (L-1) will be paid; on completion of fifteen (15) years of continuous service, an additional five percent (5%) based on the second longevity (L-2) will be paid; and on completion of twenty (20) years of continuous service, an additional five percent (5%) based on the third longevity (L-3) will be paid. These salary increments will be effective on the first day of the month of the anniversary date of employment, providing the anniversary date falls between the first and 15th of the month. For anniversary dates beginning on the 16th day to the end of the month, salary increments will be effective the first day of the following month. 3. Reclassification (See Procedure VI.C-02) The Superintendent/President will authorize periodic reviews of position descriptions of classified administrators to determine whether a significant change in a job description has occurred which would warrant changing the range of the position. 4. Performance Appraisal In consultation with the classified administrators, the Superintendent/President will adopt appraisal procedures for classified administrators. The procedures shall include specific standards that classified administrators are expected to meet in the performance of their duties. Classified administrators, through the direction of their supervisors, are responsible for the implementation of board policy. Their contributions will be measured by how well they achieve specific directives. The Board, however, recognizes that effectiveness as an administrator depends upon ability to work with others to achieve these objectives. To this end, evaluations also should recognize their strengths and weaknesses in working with others and when necessary suggest ways these skills may be improved. 5. Holidays A regular classified administrator shall be entitled to seventeen (17) paid legal and local holidays each year as listed below provided the employee is in a paid status during any portion of the

18 working day immediately preceding or succeeding the holiday. All legal and local holidays are published in the annual college calendar: Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Day Winter Closure (4 days) Winter Closure (1 day) * New Year s Eve New Year s Day Martin Luther King, Jr. Day Lincoln Day Washington Day Friday of Spring Break Memorial Day * This day will first be assigned between Christmas Day and New Years Day to accommodate winter closure. If this day is not needed for winter closure, it will be the Thursday of Spring break. Regular employees who are not normally assigned to duty during the school holidays of December 25 and January 1 shall be paid for those two holidays and the contiguous local holidays provided they are in a paid status during any portion of the working day of their normal assignment immediately preceding or succeeding the holiday period. A temporary employee who substitutes in a benefit-eligible position for six months or longer shall be entitled to the same holidays under the same provisions as all regular employees. Holiday pay will not be granted to other substitutes. 6. Vacation Each full-time classified administrator position shall earn twenty-five (25) days of paid vacation per 12 month year. Vacation is to be scheduled at the convenience of the District and approved in advance by the manager's supervisor. Each classified administrator shall be allowed to accrue no more than 400 hundred (400) hours of earned vacation benefit. Classified administrators shall not accrue any additional vacation hours are used to reduce the accrual below the maximum. Any unused vacation will be paid upon termination, retirement or change to a non-vacation earning position in the District. 7. Professional Development Funds The District agrees to provide a budget of $3,000 in each year (FY07-08, FY08-09, and FY09-10) of this agreement to each classified administrator to use for his or her personal and professional development. Unused budget at the end of each year revert back to the general fund. Criteria and procedures for the use of these professional development funds will be developed by a representative of the classified administrators and the respective vice president; the procedures will include the requirement that the Superintendent/President or the vice president to whom the administrator reports sign-off on each application for funds. 8. Classified Administrators Salary Schedule (See Appendix VI.D-01)

19 BOARD OF TRUSTEES POLICY No. VI.E Page 1 of 11 Pages CHAPTER: Personnel - Classified Absences, Leaves, Holidays and Vacations VI.E SYNOPSIS: Policy Procedure 1. Leave of Absence without Pay * 2. Parental Leave * 3. Family Leave * 4. Leave for Active Military Duty * 5. Leave for Annual Training Day * 6. Sick Leave * a. Sick Leave Extended Illness Benefits * b. Sick Leave Verification * c. Transfer of Sick Leave * 7. Quarantine Leave * 8. Industrial Accident and Illness Leave * VI.E Bereavement Leave * 10. Personal Necessity Leave * 11. Catastrophic Leave Program * VI.E Jury Duty Leave * 13. Holidays * 14. Vacation Use * 15. Vacation Accumulation * 16. Absent-time Deductions * The Board of Trustees may grant a leave of absence upon the request of an employee as specified in this section. The Board and district employees, separately or collectively, shall not be held liable for the payment of any compensation or damages arising from the death or injury of any employee on leave of absence. An employee who has been on authorized leave of absence shall be reinstated to an appropriate position for which he/she is qualified, except that an employee who has been on authorized leave of absence for one year or less and whose position was filled by a temporary employee shall be reinstated in the position that he/she held prior to going on leave of absence, if the same position exists. No paid leave of absence shall be construed as a break in continuity of service required for employee classification or district benefits. The time during which the leave of absence is taken shall not be considered as employment. Effective Date: 1/21/92 Adoption History: Revised 3/8/95, 7/16/96, 9/2/97, 11/20/01, 4/15/03, 5/4/04, References: EC 88036, 88192, , 88200, /5/06, 6/5/07 for 7/1/07 effective date, 3/18/08 MiraCosta Community College District

20 1. Leave of Absence without Pay The Board may grant a leave of absence without pay for any purpose. The District may request a leave of absence without pay for an employee for any purpose. An employee may request a leave of absence without pay for any purpose for a period not to exceed one year, in up to six-month intervals (except as specified in Board Policy VI.E.2 parental leaves), subject to the following restrictions: a. Requests for leaves of absence without pay for thirty (30) days or less shall be submitted on or accompanied by a completed "Leave of Absence without Pay Request Form". Such requests may be allowed with the approval of the employee's supervisor and division vice president. Board action is not required. b. Requests for leaves of absence without pay for more than thirty (30) days shall be sent to the Board for approval. Such requests shall be submitted on or accompanied by a completed "Leave of Absence without Pay Request Form" indicating the department's support or non-support of the request. c. An employee absent due to illness must exhaust all paid leave to which he/she is entitled before a request for an unpaid leave of absence will be considered (Education Code ) Verification of the employee's inability to return to work from the employee's physician shall be required. A second opinion from a medical provider identified and paid for by the District may also be required. A written health clearance from an appropriate medical provider shall be required for return to duty with the District after completing an unpaid leave. d. An employee who returns from an approved leave of absence without pay (except for extended illness as described above) shall automatically be entitled to all previously accrued but unused/unpaid sick leave and vacation. No sick leave or vacation shall be accumulated during such period of absence. See Board Policy VI.E.3 - Family Leave for additional leave of absence without pay information. 2. Parental Leave Parental leave shall be granted for a maximum of twelve (12) months upon written request. Consideration will be given to granting an extension of the leave, if requested, until an appropriate vacancy occurs or until the beginning of the next school semester, should the expiration of the twelve (12) months of parental leave occur during the school year. Paid sick leave, in conjunction with parental leave, shall be granted upon request of the employee at such time as the attending physician determines that the employee is unable to perform regularly assigned duties because of pregnancy or childbirth. A statement from the employee's licensed physician must verify the beginning and ending dates of the period of incapacity. The beginning date of parental leave will be effective when requested and mutually agreed to and verification is provided by the attending physician that the employee, or spouse, is pregnant. Should the employee's health preclude his or her return to duty at the end of the parental leave, a health leave for a maximum of one year may be granted upon request. The District reserves the right to request an examination by a licensed physician at no cost to the employee.

21 An employee adopting a child shall be entitled to parental leave after receiving defacto custody of the child or prior to receiving such custody, if necessary, in order to fulfill the requirements for adoption. The same consideration would be granted for extension of the period of leave as provided for an employee on parental leave. 3. Family Leave It is the intent of the MiraCosta Community College District to comply with the California Family Rights Act of 1991 (FRA) and Federal Family and Medical Leave Act of 1993 (FMLA). These acts entitle employees to 12 weeks of unpaid leave per year (12 months) for the following reasons: a. Because of the birth of a son or daughter of the employee and in order to care for such son or daughter. b. Because of the placement of a son or daughter with the employee for adoption or foster care. c. In order to care for the spouse/domestic partner, or a son, daughter, or parent, of the employee, if such spouse/domestic partner, son, daughter, or parent has a serious health condition, as verified by an appropriate medical advisor. d. Because of a serious health condition, as verified by an appropriate medical advisor, that makes the employee unable to perform the functions of the position of such employee. A second opinion rendered by a medical examiner selected and paid for by the District may be requested. FMLA leaves may be requested by either the employee or the District when the employee takes a leave of absence for an FMLA-qualifying reason. All approved FMLA leaves will run concurrently with any other paid and/or unpaid leave to which the employee may be entitled, i.e. parental; personal necessity; sick leave, accrued and extended; and vacation. The employee shall be notified within two (2) days after FMLA is requested that, if approved, his/her FMLA leave will run concurrently with all other leaves to which he/she may be entitled. While a benefit eligible employee is on FMLA leave, the District will continue his/her health benefits at the same level and with the same premium co-payments that existed prior to the effective date of the leave. Should the employee fail to return to work after taking FMLA leave for any reason other than: the continuation, recurrence, or onset of a serious health condition or other circumstances beyond the employee's control, reimbursement for premiums paid by the District during the leave may be required. The FMLA clearly provides that it does not preempt state law to the extent that the state law is more protective of employee rights [FMLA, Section 401(b)]. The Human Resources staff should be consulted to review both acts to determine which one provides the greater benefit to the employee on each leave issue. Descriptions of the California and Federal Family Leave laws are kept in the Human Resources office. 4. Leave for Active Military Duty A permanent or probationary employee who is ordered to report for active duty in the United States military forces shall be granted a leave of absence for a period up to one year in accordance

22 with the employee s work assignment. Upon request from the employee, such leave may be extended by the Board for a period not to exceed six months with proof of continued military service. A permanent employee shall be entitled to receive his/her full salary for the first six months of such absence provided it occurs during a paid status period of the employee s work year. Salary for absences during months two through six shall be offset by the amount of gross pay received by the employee from the military. Absences for more than six months to a maximum of twelve, may be charged to vacation and/or time without pay. District paid health benefits, excluding long-term disability (employee is ineligible for coverage while on active duty), shall be continued for the employee and his/her eligible dependents for the duration of military leave, paid and unpaid. The employee must request a military leave of absence in writing together with a copy of his/her reporting orders to be eligible for payment of the aforementioned salary and benefits. Upon completion of his/her tour of duty of not more than one year, and with proof of a honorable or general discharge if not remaining in the reserve forces, and return to the District, the employee shall retain all seniority granted for layoff and other purposes during his/her military leave of absence and shall be entitled to receive the pay to which he/she would have been entitled had he/she never left to serve in the military. The period of absence shall not be construed as a break in service. However, the employee shall not accrue vacation or sick leave for the time he/she was on military leave beyond the first month. Prior to resuming work, the employee shall be required to submit satisfactory evidence of his/her physical and mental fitness for duty including any job related restrictions/limitations requiring accommodation. 5. Leave for Annual Training Duty An employee, upon submission of military orders, shall be granted a leave of absence without loss of salary to report for annual active duty training. Such training should be scheduled during vacation periods or at the convenience of the District whenever possible. 6. Sick Leave Every classified employee employed five days a week shall be entitled to twelve (12) days of leave of absence for illness or injury with full pay for each fiscal year of service. When employed five days a week but less than a full fiscal year, the employee is entitled to one day of sick leave for each month worked. When employed less than five days per week and/or less than eight hours per day, sick leave will be prorated in proportion to the hours and/or days worked in relation to full-time employment. Sick leave will be accrued on extra time only when it exceeds one-half hour per day for twenty (20) consecutive working days. The Board reserves the right to grant additional sick leave with or without pay. The granting of this additional sick leave is at the sole discretion of the Board. A new employee of the District shall not be eligible to take more than six days, or the proportionate amount to which the employee may be entitled, until the first day of the calendar month after completion of six months of active service with the District.

23 If an employee's illness or injury does not take the full amount of sick leave allowed by this policy in any one year, the amount not taken shall be accumulated from year to year. Sick leave may be used for appointments with medical doctors, dentists, optometrists, oculists, chiropodists, chiropractors, psychiatrists, psychologists, Christian Science practitioners, or other health practitioners. Such leave shall be reasonably scheduled to interfere as little as possible with the operations of the District and shall be of a reasonable duration. A temporary employee who substitutes in a benefit-eligible position for six months or longer shall earn one day of sick leave for each complete month of service. When employed less than five days per week and/or less than eight hours per day, his or her sick leave shall be pro rated in proportion to the hours and/or days worked in relation to full-time employment. a. Sick Leave Extended Illness Benefits A regular classified employee shall be credited with one hundred (100) working days of extended illness leave annually, including all accumulated and current sick leave days to which he/she is entitled. When an employee is absent on account of illness or injury, the amount paid during such absence that is beyond his/her accumulated and current sick leave shall be not less than fifty percent (50%) of his/her regular salary. Such extended benefits shall be exclusive of any other paid leave, holidays, vacation or compensating time to which the employee may be entitled. The employee may use other leave entitlements to supplement his/her reduced salary upon request. b. Sick Leave Verification An employee who is absent because of illness or injury or personal necessity shall fill in the appropriate hours on the Work/Absence Report Form. Exempt employees shall use the Absence Request/Report form. The supervisor may require from the employee whatever additional information is necessary to verify that the absence is appropriately chargeable to sick leave. Compensation for sick leave shall be paid only when the employee's supervisor approves the use of sick leave by indicating his or her approval by signing the form. If the employee is absent because of illness or injury for more than five (5) consecutive duty days, the employee must submit a certificate from a licensed physician or other recognized practitioner certifying such absence was due to illness or injury. The District also may require such certification for less than five (5) duty days when it appears to the District that the employee may be attempting to abuse the sick leave policy. c. Transfer of Sick Leave Any classified employee of a community college district or county superintendent of school who has been employed for a period of one calendar year or more and whose employment is terminated for reasons other than action initiated by the employer for cause and who subsequently accepts employment with MiraCosta Community College District within one year of such termination of his/her former employment shall have transferred with him/her to MCC the total amount of earned leave of absence for illness or injury to which he/she is entitled under Education Code