Logan City School District
LOGAN CITY SCHOOL DISTRICT
ADMINISTRATOR NEGOTIATED AGREEMENT
The following policies confirm the mutual understanding of Logan City Board of Education and the Logan City School District Administrator's Association in establishing rules and regulations governing school policy. This agreement shall be governed and subject to the laws of the State of Utah. Any provisions of the agreement that conflicts with prevailing Utah Law or Federal Law shall be null and void.
|Article 1:||Definition of Terms|
|Article 2:||General Statement|
|Article 3:||Procedural Guidelines|
|Article 4:||Administrator Contracts|
|Article 5:||Salary Provisions|
|Continuing Education Advancement|
|Article 6:||Transfer and Reassignment|
|Family and Medical Leave (FMLA)|
|Sick Leave Bank|
|Absence without Pay|
|Leave of Absence|
|Article 8:||Grievance Procedure|
|Article 9:||Orderly Termination|
|Article 10:||Insurance Provisions|
|Health and Accident Insurance|
|Long Term Disability/Term Life Insurance|
|Article 11:||Longevity Incentive|
|Article 12:||Committee Representation|
Definition of Terms
Definition of Terms
District: Logan City School District in the State of Utah.
Board: Board of Education of the Logan City School District in the State of Utah.
Education Employee Association (hereafter Association): formalized professional organization representing members of its employee classification.
Superintendent: Superintendent of Schools of the Logan City School District in the State of Utah.
Administrator: All building and district Administrators.
Provisional Administrator: an Administrator who is in his/her first three (3) or four (4) years as an Administrator in the Logan City School District, and has not yet received career Administrator status.
Career Administrator: an Administrator who has been employed as an Administrator by the District for three (3) or four (4) years and has obtained a reasonable expectation of continued employment through successful performance evaluations as determined by the Administrator's immediate supervisor. Career Administrators who return to the District after an interruption in service of one (1) year shall return to the District as a Career Administrator.
Contract year: Middle School Assistant Principals' and Elementary Principals' contracts are ten and one-half (10.5) months (three full weeks during the month of August through three full weeks of the following June), and all other Administrators' contracts are eleven (11) months (August 1 through June 30). Regardless of contract length, Building Administrators have a twelve (12) month responsibility for their school or assigned responsibility.
Days: calendar days except where otherwise noted.
Grievance: written or oral statement of an alleged violation or misinterpretation of the terms, meaning, or application of an Administrator's contract, negotiated agreement, Board policy decisions, or legal statue. It is expressly understood that a claim based upon an event or condition that does not fall within this definition shall not constitute a grievance.
Grievant: an Administrator or group of Administrators or their representative organization (Association) filing a grievance.
This Agreement shall be deemed to be a part of each individual Administrator's contract.
The Board shall continue its policy of not discriminating against any Administrator on the basis of age, race, creed, color, sex, marital status, or membership in any educational organization.
Administrators have the right to join any lawful organization for their professional or economic improvement and for the advancement of public education.
The Association shall continue to admit persons to membership without discrimination on the basis of race, creed, color, national origin, sex, or marital status.
The Association shall have the right to request that particular matters within its area of interest be placed on an agenda for official board meetings. The Board shall notify the president of the Association or designee with respect to the placement of such items on a particular agenda and of the action taken. The Superintendent shall provide the Association with the agenda to be considered.
No change, revision, alteration, or modification of this agreement in whole or in part shall be valid unless the same is ratified by both the Board and the Association and endorsed in writing hereon.
This agreement shall be governed and construed according to the constitution and the laws of the State of Utah.
The Board and the Association recognize that the Board has certain powers, discretions, and duties that under the constitution and laws of the State of Utah may not be delegated, limited, or abrogated by agreement with any party. Accordingly, any provision of these policies, or any application of the same to an Administrator covered hereby shall have effect only to the extent permitted by law; but all other provisions or applications of these policies shall continue in full force and effect.
Recognition of Association
The Board agrees to recognize the education employee association with the greatest number of members, for its employee classification, as the exclusive representative of all members of the employee classification upon being furnished with satisfactory evidence that the largest number of employees within the classification have designated or selected it as their representative. An individual Administrator shall have the right to present grievances, with or without representation by an Association, per the grievance procedure provided. Nothing in this statement shall be so construed as to deprive any individuals of their rights under the Utah Rights to Work Law nor their rights as set forth in Title IV of the Civil Rights Act or provisions that may be applicable to public employees under Section 34-19-1 through 13 and Section 34-20-1 through 13, Utah Code Annotated, 1953, as subsequently amended.
Procedural Guidelines for Negotiations
If a simple majority is present, negotiation teams, for both the Association and the Board, are fully authorized by their respective constituents to act in good faith in reaching tentative agreements through Interest-Based Bargaining (IBB). Both teams commit to enhance bargaining outcomes without impairing the parties' relationship by utilizing Interest-Based Problem Solving. The essence of this process is information-sharing, creative exploration, and working toward mutually beneficial solutions. Upon request of either party the other shall make available for inspection its public records and data pertinent to the subject under negotiation.
During the evaluation portion of the IBB process, each team shall have equal voice.
Agreements arrived at in the negotiating process and signed remain tentative* pending completion of an agreement on the entire package. A recommendation is drawn from these tentative agreements and presented to the Board and the Association.
*Meaning an item that has been agreed upon and signed may be recalled by either or both parties and re-entered into negotiation when the item under consideration parallels the first item in either subject, content, and/or meaning.
Information is released to the news media only when jointly prepared releases are mutually agreed upon.
Negotiations are conducted at times and places mutually agreeable to the negotiators named by each party.
The Board negotiating team is comprised of individuals designated by the Board. The Administrator negotiating team is comprised of members of the Association. Either party may utilize the services of an outside consultant to assist in negotiations.
Either team may caucus if deemed necessary, but a caucus session is not to exceed ten (10) minutes without notifying the other team.
The agenda for the next negotiating session is set at the end of each meeting.
Tentative agreements of the just completed meeting are read, corrected, and approved for content. The minutes are then re-read and approved at the beginning of the next scheduled meeting.
Joint Study Committee
Negotiators for the Board and the Association are empowered to create joint study committees when necessary.
Agreements reached through the aforementioned procedure shall be reduced to writing and presented for approval by the Board and the Association and shall be signed by the properly designated officers of the Board and the Association.
Appointment of Administrators
Notice of appointment and acceptance of contract must be written, shall be made on forms furnished by the Board, and must be approved by the Board of Education. Only the Board has the authority to hire and fire unless such authority has been expressly delegated in writing. Administrators are encouraged to read the Administrator Negotiated Agreement available at www.loganschools.org.
Terms of employment shall be as specified on the contract and in accordance with §1-1-6.
Administrators' working days are set annually by the Board on the official district calendar and in agreement with the Superintendent in consultation with the Associations. Building Administrators may flex their contract days when students are not in session (i.e. take a week off in June to work in July). District Office Administrators may flex their contract days with approval of the Superintendent.
Administrators are exempt employees under section 13(a)(1) of the Fair Labor Standards Act of 1938, as amended.
Contracts are accepted in good faith by both parties. However, the Board agrees to give due consideration to an Administrator's statement of resignation during the contract period if sent in writing at least forty-five (45) calendar days prior to the date of resignation or forty-five (45) calendar days prior to the first day of the administrator's contract the following school year. Written statement of resignation must clearly state the reason for wishing to be released from the contract. If less than a forty-five (45) calendar day notice is given as stated above, the District will assess a breach of contract penalty of $1,000. In instances where the release is requested to enable the Administrator to accept other employment, the request will be granted only if a suitable replacement is available.
It is the responsibility of the Administrator to obtain a Utah Teaching License through the Utah State Office of Education with an Administrative/Supervisory Endorsement including the renewal of an expiring license.
Administrators furnish for the District all items needed for their personnel file including:
A current license valid for the Administrator's assignment. A valid Utah License and/or letter of authorization from the state must be filed by October 31, or thirty (30) days after employment at the District Office for the Administrator to be paid at the contract Administrator rate.
Current official transcript(s) of all university credit. Photocopies are not accepted.
A satisfactory statement of date of birth and proof of identity.
Career Employee Status
Administrators employed at least half (1/2) time for at least three (3) or four (4) consecutive years, with successful evaluations, are considered permanent except for the reasons identified under Orderly Termination in §9-3. Part-time Administrators are not guaranteed specific contract percentages based on past years assignment. Part-time assignments may be reduced or expanded due to enrollment fluctuations and superintendent assignment, and are not considered reduction-in-force (See §9-6).
Part-time Administrators employed less than half (1/2) time are subject to termination after each contracted year has been completed. Said contracts are for one (1) year only and Administrators do not accrue Career Administrator status if employment extends beyond three (3) years or four (4) years.
During the provisional period, new Administrators must demonstrate through performance evaluations their administrative skills and conduct themselves in an acceptable manner to superiors and peers in performance of all assignments.
Upon successful completion of a third consecutive provisional contract, or a fourth consecutive provisional contract where applicable, a Provisional Administrator becomes a Career Administrator pending approval by the Board of Education during their June board meeting.
If a Career Administrator takes leave for one (1) year or less, the Administrator returns with career status.
Attendance at Meetings
Administrators, part-time/full-time, are required to attend all district meetings. Professional organization meetings are to be attended at the option of the Administrator.
It is mutually agreed that, beginning July 1, 2014, payment of salaries according to a single-lane salary schedule for each recognized administrative assignment is to the advantage of all concerned. The salary schedule negotiated by the Board and the Association shall be the only schedule used for the current year. Salary differentials negotiated in earlier years (e.g. 1% for Administrators who have worked in Logan City School District for twenty (20) or more years and an additional 3.66% for Administrators after fourteen (14) years verified experience as an Administrator) shall continue.
Beginning July 1, 2014, future service as an Administrator in the District will result in increment advancement on the Administrator Salary Schedule as negotiated annually and shall be contingent upon an Administrator receiving a satisfactory evaluation.
Conversion to the 2014-15 Administrator Salary Schedule
Conversion to the 2014-15Administrator Salary Schedule shall be governed as follows:
Administrators continuing in the same administrative assignment for the 2014-15 school year shall be placed on the lane appropriate to their continuing assignment and on the salary increment closest to, but not less than, their 2013-14 base salary (for purposes of converting to the 2014-15 Administrator Salary Schedule, base salary calculations shall include all lane changes granted to date, but shall not include add-ons outlined in §5-1-1). All other 2014-15 negotiated salary provisions will be applied thereafter.
Administrators transferring to a new administrative assignment for the 2014-15 school year shall be placed on the lane of the 2013-14 salary schedule appropriate to their new administrative assignment but will maintain the same step as their 2013-14 administrative assignment. This will represent their 2013-14 base salary when converting to the 2014-15Administrator Salary Schedule. Such Administrators shall then be placed on the salary increment of the 2014-15 Administrator Salary Schedule closest to, but not less than, their 2013-14 base salary (for purposes of converting to the 2014-15 Administrator Salary Schedule, base salary calculations shall include all lane changes granted to date, but shall not include add-ons outlined in §5-1-1). All other 2014-15 negotiated salary provisions will be applied thereafter.
Administrators presently "frozen" on the salary schedule shall be placed on the lane of the 2013-14 salary schedule appropriate to their respective administrative assignments but will maintain the same step as their presently "frozen step/salary". This will represent their 2013-14 base salary when converting to the 2014-15Administrator Salary Schedule. Such Administrators shall then be placed on the salary increment of the 2014-15 Administrator Salary Schedule closest to, but not less than, their 2013-14 base salary (for purposes of converting to the 2014-15 Administrator Salary Schedule, base salary calculations shall include all lane changes granted to date, but shall not include add-ons outlined in §5-1-1). All other 2014-15 negotiated salary provisions will be applied thereafter and the Administrator's salary shall continue to reflect the "frozen step/salary" until such a time that future negotiated salary provisions eliminate the overage between the "frozen step/salary" and placement on the 2014-15 salary schedule; however, when a cost of living adjustment (COLA) is negotiated, Y-Rated Administrators shall receive one-half (1/2) the COLA amount.
Initial Placement on the Administrator Salary Schedule
Upon initial hire in the District, up to seven (7) years of verified experience outside the District as an Administrator may be recognized. Each year must have included ninety (90) contract days or more, must have been the equivalent of half-time (.5 FTE) or greater, and must have required a valid administrative endorsement in order to qualify as one year's experience. Each year of verified previous experience will advance initial placement on the Administrator Salary Schedule by one increment.
If a newly hired Administrator is currently employed as an Educator in the District, he/she retains accrued leave and Career status, if applicable, as an Educator with the District.
Continuing Education Advancement
Administrators who have completed sufficient continuing education to advance their status on the Administrator Salary Schedule must complete and submit to Human Resources a Continuing Education Advancement Application. It is the responsibility of the Administrator to submit with the application, an original official transcript of all University or College of Higher Education semester hours and/or a list of all Utah State Office of Education (USOE) credits earned to that date, prior to the last working day of the month. Photocopies of transcripts are not accepted.
Approved Continuing Education Advancement applications will result in designated increment adjustments effective from the first working day of the month following the submission of all required materials in accordance with the negotiated agreement governing that school year. Approved increment adjustments are processed and reflected in the Administrator's earning statement within six (6) to eight (8) weeks.
Semester hours from an accredited University or College of Higher Education and/or Utah State Office of Education (USOE) approved credit are accepted for Administrators desiring to receive continuing education advancement on the Administrator Salary schedule as follows:
Master's Degree plus 30 Semester Hours: Administrators who have completed 30 semester hours of University or College of Higher Education courses and/or Utah State Office of Education (USOE) approved credit after the Master's Degree has been officially awarded shall be advanced two increments on the Administrator Salary Schedule.
Master's Degree plus 60 Semester Hours: Administrators who have completed 60 semester hours of University or College of Higher Education courses and/or Utah State Office of Education (USOE) approved credit after the Master's Degree has been officially awarded shall be advanced two increments on the Administrator Salary Schedule.
Doctorate Degree: Administrators who have completed an approved Doctoral course of study and officially been awarded the Doctorate Degree shall be advanced two increments on the Administrator Salary Schedule.
Deductions from monthly salary checks may be made for such professional or mutual benefit organizations as are authorized in writing by the Administrator and agreed to by the Board. Federal income tax, retirement taxes and contributions, and any other amounts required by law or authorized by the Administrator are deducted from the amount of the contract.
Payment for services shall be monthly and payment shall be made on the twenty-fifth (25th) day of each month. Administrators are paid in twelve (12) equal monthly installments.
In the event funds for school operation and maintenance are made available during the year from State or Federal sources which are in excess of the amounts anticipated at the beginning of the year, the salary schedules may be revised and the amount of individual contracts adjusted in such manner as the Board and the Association may at the time determine.
Concerns about conditional factors or discrepancies that determine placement on the Administrator Salary Schedule must be filed with the Superintendent. The statute of limitations for filing on a discrepancy is two (2) years from the date of such placement. Any over-payments from the District also have a statute of limitations of two (2) years.
Transfer and Reassignment
The right of the Board to reassign personnel from one position to another or from one school to another is valid, with the following provisions:
Voluntary Transfer and/or Reassignments
Administrators desiring a transfer and/or reassignment may make their desire known by letter to the Superintendent. Such a letter shall be handled confidentially and considered at the time that openings occur in the desired positions. Any request for transfer and/or reassignment to another school or administrative position requires participation in an interview process.
Where feasible, assignments of new Administrators in the school system shall not be made until such requests for reassignment or transfer have been considered.
In determination of requests for voluntary transfer and/or reassignment, the convenience and wishes of the individual Administrator shall be honored to the extent that they do not conflict with the instructional requirements and best interest of the school system. If more than one Administrator has applied for the same position, the Administrator best qualified for that position shall be appointed and, qualifications being equal, experience in the District shall have preference.
An Administrator who receives a voluntary transfer and/or reassignment shall be moved to the lane of the Administrator Salary Schedule appropriate for the new administrative position and shall maintain the same salary increment as his/her current placement.
Involuntary Transfer and Reassignments
The Board and the Association recognize that some involuntary transfer and reassignment is unavoidable. They also recognize that under normal circumstances transfer and reassignment of Administrators is held to a minimum. Therefore, they agree as follows:
Notice of any involuntary transfer or reassignment shall be given to the affected Administrator as the information becomes available to the District.
When involuntary reassignment is necessary, the Superintendent considers the Administrator's certification (area of competence), performance, previous professional experience, and length of service with the District.
An involuntary reassignment shall be made only after a meeting between the Administrator and the Superintendent or designee at which time the Administrator shall be notified of the reasons thereof. Either party may have a witness or consultant in attendance.
Openings in the school system shall be discussed with the Administrator(s) involved in the reassignment. Administrator(s) involved may share interest in existing openings. Assignments of new Administrators in the school system shall not be made until such requests for reassignment have been considered. Administrators involved in an involuntary reassignment may request in writing placement in vacant positions within the District.
Administrators who are involuntarily transferred to a position with a lower pay scale shall be placed in the lane appropriate for the reassigned position and on the increment which reflects the salary closest to, but not less than, the Administrator's current base salary (for purposes of §6-2-1-5, the Administrator's current base salary shall include all continuing education advancements received to date, but shall not include add-ons outlined in §5-1-1). Involuntary transfers made after July 1, 2014, shall not be subject to Y-Rating provisions outlined in previous years' negotiated agreements.
Administrators who are involuntarily transferred to a position with a higher pay scale will be placed on the same increment as their existing position.
Absence of an Administrator for the reasons stated in Article 7 shall be charged against leave allowance regardless of the employment of a substitute. Days of leave shall be acquired according to an Administrator's current FTE (i.e. .50 FTE generates leave in half-day increments; 1.0 FTE generates leave in full-day increments). Days of leave shall be charged against the Administrator's leave balance in increments equal to the Administrator's FTE at the time the leave is taken, regardless of the Administrator's FTE at the time the leave is acquired.
Family and Medical Leave Act (FMLA)
The District follows the Family and Medical Leave Act (FMLA), 29 U.S.C. §2601 and implementing regulations located at 29 C.F.R., §825 et seq. FMLA leave runs concurrent with any other district provided leave and is issued on a fiscal year (July 1 through June 30).
Eligible employee: any certified Administrator of the District who has been employed for at least 12 months by the District and has worked at least 1,250 hours during the immediate 12-month period prior to any request for leave under this Policy.
Employment benefits: all benefits provided by the District to an Administrator such as group life insurance, health insurance, disability insurance, sick leave, personal leave, and pension or retirement benefits.
Health care provider: a licensed doctor of osteopathy or medicine.
Parent: the natural or adoptive parent of a child or legal guardian who acts in the place of a parent.
Son or daughter: a biological, adopted, or foster child, a stepchild, a legal ward, of a person who acts as parent. A child is: (a) less than 18 years of age; or (b) older than 18 years but incapable of self-care due to mental or physical disability.
Spouse: a legal husband or wife.
Serious health condition: an illness, injury, impairment, or physical or mental condition that requires:
inpatient care consisting of an overnight stay in a hospital, hospice, or residential medical facility and subsequent treatment; or
continuing treatments by a health care provider, which includes:
two visits within the first 30 days of incapacity with the first visit occurring during the first 7 days of incapacity;
periods of inability to work of more than three (3) consecutive calendar days that also involves treatment two or more times by a health care provider or at least one time which results in a regimen of continuing treatment;
any period of incapacity due to pregnancy or prenatal care;
any period of incapacity or treatment due to a chronic serious health condition which:
requires periodic visits, at least 2 visits per year, for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;
continues over an extended period of time (including recurring episodes of a single underlying condition); or
may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.);
a period of incapacity which is permanent or long-term due to a serious health condition for which treatment may not be effective, such as Alzheimer's disease, severe stroke, or terminal stages of a disease.
An eligible employee is entitled to a total of twelve (12) work weeks of leave without pay during a single twelve (12) month period in the event of any of the following:
the birth of a son or daughter of the employee and to care for that newborn son or daughter;
an expectant mother may take FMLA leave before the birth of the child for prenatal care or if her condition makes her unable to work;
the placement of a son or daughter with the employee for adoption or foster care;
a father, as well as a mother, can take family leave for the birth, placement for adoption or foster care of a child.
a spouse, son, daughter or parent who has a serious health condition; or
the employee suffers from a serious health condition that makes the employee unable to perform the essential functions of that employee's position.
An eligible employee is entitled to a total of 26 work weeks of leave without pay during a single 12-month period to care for a covered service member with a serious illness or injury incurred in the line of duty on active duty.
An eligible employee is entitled to a total of 12 work weeks of leave without pay during a single 12-month period for any qualifying exigency arising out of a covered military family member who is on active duty or called to active duty status in support of a contingency operation. A qualifying exigency exists in the following circumstances:
military events and related activities;
child care and school activities;
financial and legal arrangements;
rest and recuperation;
post-deployment activities; and
additional activities not encompassed in the above, but agreed to by the employee and the District.
Concurrent Leave and Leave without Pay
The Board hereby designates all compensated leave (e.g. sick, personal) to be counted as part of and included in the Family and Medical Leave so that an Administrator shall be entitled to no more than the maximum available leave allowed under the Family and Medical Leave Act and other types of leave taken together. Should FMLA leave exceed accrued compensated leave, all remaining FMLA leave will be without pay.
The District hereby requires an Administrator to substitute any accrued compensated leave in place of any part of the FMLA leave week period of any leave under this policy. Existing district policy governing appropriate uses of leave days are applicable.
Nothing shall require the District to provide paid sick leave, personal leave, or other type of paid leave in any situation where it is not otherwise provided under district policies.
An Administrator shall make a reasonable effort to:
provide the District with at least 30 days prior written notice of any anticipated leave under this policy (indicating number of days and type of leave requested) whenever the leave is foreseeable or when thirty (30) days is not practical, notice within two (2) business days from when the Administrator learns of the need for leave; and
schedule treatment so as not to unduly disrupt the operations of the District.
The District shall post in a conspicuous place on school premises a notice of rights under this policy. [This Notice must be approved by the Secretary of Labor, See Policy Exhibit 1.]
Upon receipt of a written request for Family and Medical Leave, the District will provide the Administrator written notification of the status of the requested leave within five (5) working days.
Spouses of Employees Employed by the District
In any case where both husband and wife are employees of the District and both seek leave under this policy, such leave shall be limited to an aggregate of the maximum allowed individual leave during any 12-month period if:
leave is sought to care for a newborn daughter or son or the adoption/foster of a daughter or son; or
leave is sought to care for a sick parent.
Required Medical Certification
All leave under this policy must be supported by a certification issued by a health care provider.
The medical certification shall be provided at least fifteen (15) days after leave is requested or when the employee begins unforeseeable leave. The District may require renewal of the certification every thirty (30) days during the period of Family and Medical Leave.
Certification is sufficient if it states:
the date on which the serious health condition commenced;
the probable duration of the condition;
if additional treatments will be required for the condition, an estimate of the probable number of such treatments;
which part of the definition of "serious health condition", if any, applies to the patient's condition, and the medical facts which support the certification, including a brief statement as to how the medical facts meet the criteria of the definition;
if medical leave is required for the employee's absence from work because of the employee's own condition (including absences due to pregnancy or a chronic condition), whether the employee:
is unable to perform work of any kind; is unable to perform any one or more of the essential functions of the employee's position, including a statement of the essential functions the employee is unable to perform, based on either information provided on a statement from the employer of the essential functions of the position or, if not provided, discussion with the employee about the employee's job functions; or
must be absent from work for treatment.
a statement that the serious medical condition prevents the employee from performing the tasks of the position or that requires the employee to attend and care for a son, daughter, spouse, or parent.
At its expense, the District reserves the right to obtain a second opinion by a doctor designated by the District.
The District may require the employee taking Family and Medical Leave to complete a fitness for duty certification prior to his/her return to work at the District.
Employment and Benefit Protection
An employee who takes leave in conformance with this policy is entitled to:
be restored to the position held by the employee prior to leave; or
be provided an equivalent position in terms of benefits, pay and responsibilities.
No benefit accrued prior to taking leave shall be lost as a result of taking leave under this policy.
The employee shall not accrue any seniority or employment benefits during any period of leave.
If an employee fails to return to work after leave expires for reasons other than continuation, recurrence, or onset of a serious health condition of the employee, son, daughter, or spouse, then the District may recover the premium paid for maintaining coverage for the employee during the leave period.
The District may deny Family and Medical Leave if:
the denial is necessary to prevent substantial and grievous economic injury to the operations of the District;
the District notifies the employee that it intends to deny leave when it determines that injury would occur.
Intermittent medical leave is available upon certification of medical need, but the District may transfer the Administrator temporarily to an equivalent alternate position.
Administrators are allowed twelve (12) days sick leave each year with full pay for absence due to personal illness or illness in the immediate family. If the contract term is not completed, the number of sick days given is prorated for the time worked. If an Educator is absent beyond the accumulated sick leave days, other accumulated paid leave shall be applied. If the Educator is absent beyond accumulated leave, the absence is without pay as governed by §7-5.
The immediate family shall be defined as mother, father, wife, husband, sister, brother, child, mother-in-law, father-in-law, brother-in-law, sister-in-law, grand-parent, and grandchildren. Other members of the Administrator's household not listed who are, in fact, if not by legal relationship, members of the immediate family, may at the discretion of the Association and Board, be so considered.
Once an Administrator has used more than twelve (12) days sick leave within a school year, medical certification may be required each day thereafter.
Recovery from any extended illness/disability extending to ten (10) working days or more requires the Administrator to apply for FMLA and to provide certified medical verification to the District. The Board may require, at their expense, a second opinion and verification of the medical need.
Credit for unused days of sick leave is allowed to accumulate to 176 days for Administrators on 10.5 month contracts and 184 days for Administrators on a 11 month contract. After Administrators earn the accumulated maximum, they are allowed, in a given school year, twelve (12) days sick leave (non-accumulative) beyond the accumulate maximum.
If an Administrator's absence results from an on-the-job injury, and he/she receives reimbursement for lost wages from Worker's Compensation, the District provides additional funding to equal the Administrator's daily rate of pay; however, the first three (3) days of absence are deducted from the Administrator's sick leave.
Administrators are entitled, upon written application to the Superintendent, to sick leave to be used for childbirth and recuperation. Accumulated compensated leave may be used for this purpose up to six (6) weeks following the birth of the baby. If an Educator is absent beyond the accumulated sick leave days, other accumulated paid leave shall be applied. If the Educator is absent beyond accumulated leave, the absence is without pay as governed by §7-10. Complications in the course of pregnancy and leave to care for an infant falls under the provisions of the FMLA (see §7-2).
An Administrator who is pregnant may continue in active employment up to her certified delivery date provided she is able to properly perform her required functions as determined by the Administrator, her physician, and the Superintendent.
An Administrator adopting an infant child shall be entitled to use up to ten (10) days sick leave commencing with legal documentation of placement of the child in the Administrator's home.
Sick Leave Payout
Administrators eligible for sick leave benefits under this policy who retire or voluntarily leave employment with Logan City School District shall be compensated by the Board for accumulated sick days at a rate of .0021 times the third increment of current salary schedule for years employed as an Educator in the Logan City School District as follows:
Years one (1) thru four (4): 25% of the rate Years five (5) thru nine (9): 50% of the rate Years ten (10) thru fourteen (14): 75% of the rate Years fifteen (15) and over: 100% of the rate
For Example: An Elementary Principal with eleven (11) years employed as an Educator in the Logan City School District and sixty-five (65) days of unused sick leave would be entitled to the following:
Value of Elementary Principal Increment C (3): $ 74,561 Sick leave payout rate (.0021 times base): $ 157 per day Payout percentage based on years employed: 75% Daily payout: $ 117 Total sick leave days unused: 65 days Total sick leave payout: $ 7,605
Sick Leave Bank
A Sick Leave Bank is established for leave eligible Administrators to draw upon in the case of catastrophic illness. Catastrophic illness does not include all reasons for which an Administrator might be eligible for FMLA leave, maternity leave, or other categories of leave.
Additional days of leave granted by the Sick Leave Bank Committee run concurrent with any FMLA leave for which the Administrator may be eligible.
An Administrator whose contract includes leave benefits may elect to participate in the Sick Leave Bank. Participation in the Sick Leave Bank is voluntary.
In order to draw additional leave from the Sick Leave Bank, an eligible Administrator shall have exhausted all accumulated compensated leave (sick leave, personal leave, compensatory time, overtime, and/or vacation leave).
Provisional Administrators may draw upon the Sick Leave Bank for personal catastrophic illness as follows:
Administrators in their first year of employment with the District may draw up to ten (10) contract days per fiscal year.
Administrators in their second consecutive year of employment with the District may draw up to twenty (20) contract days per fiscal year.
Administrators in their third consecutive year of employment with the District may draw up to thirty (30) contract days per fiscal year.
Career Administrators may draw up to eighty-five (85) contract days per fiscal year from the Sick Leave Bank for personal or an eligible family member's catastrophic illness. Days may be granted up to thirty (30) days at a time. If a longer period of time is needed, the Career Administrator must apply for an extension after the first fifteen (15) days from the Sick Leave Bank have been used by submitting a new application and current documentation, including medical recertification by the attending physician, as outlined in §7-5-1.
For purposes of the Sick Leave Bank, eligible family members shall be defined as a legal husband or wife, a biological child, an adopted child, a foster child, a stepchild, or a legal ward.
Administrators participating in the Sick Leave Bank donate one (1) day of annual sick leave each fiscal year until the Bank has accumulated at least one-thousand (1000) days; thereafter, no additional days are donated until the Bank balance is depleted to five-hundred (500) days.
Administrators must notify the Human Resource Department, in writing, no later than September 15 of the fiscal year in which they wish to join the Sick Leave Bank. Administrators hired after September 15 of any given fiscal year, and who elect to participate in the Bank, must notify the Human Resource Department in writing within thirty (30) calendar days from the date of initial hire or wait until the next fiscal year to join.
An Administrator's participation in the Sick Leave Bank automatically renews each fiscal year unless the Administrator notifies the Human Resource Department, in writing, by September 15 of the fiscal year in which the Administrator wishes to discontinue participation. An Administrator who discontinues participation in the Bank may not withdraw days thereafter, even those days which such Administrator previously contributed.
When applying for additional days of leave from the Sick Leave Bank, eligible Administrators must submit a completed Sick Leave Bank Application to Human Resource indicating the number of additional days requested along with all required documentation including the reasons for the request, written verification from the attending physician indicating the nature and severity of the catastrophic illness, and the projected recovery date.
Upon receipt of application, the District Sick Leave Bank Committee shall have seven (7) working days to convene. Only complete applications shall be reviewed by the Committee and shall be reviewed in the order they are received. Incomplete applications will not be reviewed.
The District Sick Leave Bank Committee shall be comprised of six (6) representatives, two (2) from each of the Education Support Professionals (ESP), the Licensed, and the Administrator Associations. All six (6) Committee members must be present during meetings to conduct business. If a member is unable to attend a meeting, he/she may send a representative. The Committee may approve requests, deny requests, or approve only a portion of the days requested. Committee decisions require a two-thirds (2/3) majority vote of approval. All decisions are final and may not be appealed.
The Human Resource Director facilitates the Committee process, but is not a voting member of the Committee.
Applications must be submitted and approved before any additional days from the Sick Leave Bank may be used. Additional leave shall not be granted retroactively.
Applications shall only be granted when all eligibility requirements are met and when the Sick Leave Bank balance is sufficient to cover the request.
All days of leave granted by the Sick Leave Bank Committee must be used consecutively and may not be used intermittently.
Administrators who receive additional sick leave from the Sick Leave Bank based on false, untrue, or misleading requests, information, or physician verifications shall be required to reimburse the District for all additional days used. Such days of absence will be reimbursed according to §7-10 Absence without Pay and may be subject to disciplinary action, up to and including termination.
Bereavement leave may be used to cover an Administrator's absence resulting from the death of a member of the immediate family. Administrators may be absent from their assignment without loss of pay for up to five consecutive days for the death and burial of an immediate family member. The immediate family is herein defined as in paragraph §7-3-2. Death/bereavement leave is granted up to two (2) days with the remaining three (3) days taken from sick leave days.
An Administrator is allowed five (5) days per year for personal leave. If the contract term is not completed, the number of personal days given is prorated for the time worked. An Administrator who has less than fifteen (15) years of full-time experience in the District is able to accumulate up to twelve (12) days of personal leave. An Administrator with fifteen (15) or more years of full-time contract experience in the District is able to accumulate an unlimited number of personal leave days. These days may be used for personal reasons. The time when these days may be used is left to the discretion of the Administrator with the following exceptions:
Personal leave shall not be taken during the first or last two weeks of the regular school year unless authorized by the Superintendent.
If an Administrator chooses not to use personal leave days beyond the twelve (12) that can be accumulated, the District deposits an amount equal to .0021 times the third increment of the administrator's respective lane on the current Administrators' Single-Lane Salary Schedule into the Administrator's 401(k) account. A letter requesting the number of days in excess of twelve (12) to be transferred to the 401(k) account must be delivered to the District by June 30 of the year of the request. The letter is included in the Administrator's file.
Administrators retiring from the District have the option to convert all accumulated personal leave days to their 401(k) account or a payout through payroll for the equal amount at the rate described in 7-5-1-2. Administrators leaving district employment have the option of converting personal days in excess of five (5) to either their 401(k) account or receive an equal payroll payment at the rate described in 7-5-1-2.
Absence without Pay
If an Administrator is absent beyond the accumulated designated leave, the absence is without pay and the Administrator's daily rate of pay and equivalent insurance premiums are deducted from the salary.
A day of absence without pay is only to be taken when all other designated leave is exhausted and requires prior written authorization of the Superintendent or designee. Such absenteeism may be addressed through corrective discipline.
Sabbatical leave is provided under the following regulations:
Administrators must have completed a minimum of six (6) consecutive years of professional experience with the District before being eligible to apply for a sabbatical leave. No person shall be given such leave of absence more than once in seven (7) years.
Administrators may submit a letter of application to the Superintendent by March 1 of the year proceeding the year for which sabbatical leave is requested. A committee organized by the Superintendent determines whether or not a Sabbatical will be granted the following year. If a Sabbatical is to be granted the following year, the final selection and notification to those who have applied for sabbatical leave is made by the Superintendent based upon criteria jointly determined by the Association and the Board.
Sabbatical leave may be taken for study at an institution of higher learning where an approved course of study is taken. Approved travel with the submission of a curriculum project to benefit the school, District, or staff may also be considered as a sabbatical leave.
An Administrator granted sabbatical leave shall receive 50 percent of his/her present salary for one (1) year of leave. Payment is made and agreed upon by the contract, which includes leave, salary, and insurance.
An Administrator who accepts a sabbatical leave of absence must signify intention of returning to the Logan City School system for one (1) year. Such an Administrator is assured reemployment and, upon return, shall be placed on the same lane and increment of the Administrator Salary Schedule in effect prior to the sabbatical.
If an Administrator who has taken advantage of sabbatical leave fails to return to service as provided above, all monies, including insurance premiums, as stated in a signed contract and received from the Board while on sabbatical leave are to be returned to the Board in full.
An Administrator on sabbatical leave is entitled to the health and accident benefits provided by the Board at the expense of the Board.
A year of sabbatical leave does not count as a year's experience, and does not result in an increment advancement on the Administrator's Salary Schedule, upon return.
Leave of Absence
A Career Educator may take a partial or full year leave of absence without pay once every three (3) school years.
During the school year, Career Administrators may apply for a leave of absence without pay. Such a request, stating the reason for the request, must be given to the Superintendent thirty (30) days prior to the proposed commencement of the leave.
Career Administrators wishing to take a leave of absence for the next school year must make a written request to the Superintendent stating the reason for the request. Preference will be given to requests received prior to March 1 of the current year in which the request is made and requests may be denied when received thereafter.
Administrators returning from a leave of absence without pay are entitled at the end of the leave to a position for which they are appropriately licensed. Upon returning they receive the same level of benefits as when the leave was granted; namely, placement on the salary schedule, accrued sick leave benefits, personal leave, and insurance granted by the policies in effect upon return.
Administrators desiring reemployment following a leave of absence without pay must notify the Superintendent in writing of their intent to return. If written notification does not occur by February 1, the position is declared vacant.
An Administrator must submit a letter to Human Resources requesting jury duty leave with accompanying documentation of required service.
Jury duty is not paid leave unless the Administrator remits his/her duty payment to the District. If the Administrator accepts payment for jury duty service, the Administrator must report personal or vacation leave for each day of compensated jury duty service.
If an Employee's (Administrator's) absence results from an on-the-job injury, and he/she receives reimbursement for lost wages from Worker's Compensation, the District may provide additional funding to equal the Employee's (Administrator's) rate of pay; however, the first three days of absence are deducted from the Employee's (Administrator's) sick leave. Employees (Administrators) who wish to receive one-third (1/3) of their wage to make up the difference between their full wage and the two-thirds (2/3) of their wage paid by Worker's Compensation must have sick leave available and use sick leave hours for each hour paid.
Employees (Administrator's) who do not have sick leave available will only receive the two-thirds (2/3) of their salary as paid by Worker's Compensation.
Temporary Total Disability Compensation is paid for the time an Employee (Administrator) cannot work because of a work injury or illness. However, no compensation is paid for the first three (3) days after an injury or illness unless the disability prevents Employee (Administrator) from working for more than a total of fourteen (14) days. In that case, Employee (Administrator) is paid for the first three (3) days of disability. This type of compensation ends when Employee (Administrator) returns to work or reaches medical stability.
The purpose of this process is to secure, at the lowest possible administrative level, equitable solutions to grievances which may arise. Both parties agree that these proceedings shall be kept informal, confidential, and shall cooperate and act in good faith to resolve the grievance.
This procedure is to provide all Administrators equitable solutions for alleged violations, misinterpretations, or inequitable applications of local school district policies or practices relative to provisions of Federal anti-discrimination legislation.
The Board recognizes that each Administrator has the right to use any appropriate channels of communication through which a Grievance may be presented, reviewed, and equitably resolved within a specified period of time.
Administrators are entitled to "due process" by having their Grievance reviewed by higher authority without fear of retribution, reprisal, or recrimination as a result of having presented a Grievance or having been a party of interest in the grievance procedure.
Each Administrator has the right to self-representation or is entitled to be accompanied or represented by a party(ies) (such as an Association representative, legal counsel, etc.) if desired. Twenty-four (24) hour advanced notice is required if either party intends to have representation or legal counsel in attendance.
The Grievance procedure shall be kept confidential and all documents, communication, and records relating thereto are maintained in a separate grievance file.
If a meeting to process a Grievance is scheduled by the Board during the normal working day, the Administrator and all district participants suffer no loss in pay.
The number of days specified in this procedure may be extended by mutual agreement between the Board and the grievant or their designee.
Nothing in this procedure shall be construed to limit the right of the Board or the grievant to appeal to an appropriate court of law.
Step 1 - Oral Grievance
The Administrator with a grievance must first attempt to resolve it informally by discussing the issue with the Administrator at the lowest appropriate level within fifteen (15) days after becoming aware of the act or condition upon which the grievance is based.
The Administrator shall have up to fifteen (15) days after thus learning of the grievance to consider the matter and give the Administrator's answer orally to the grievant.
Step 2 - Written Grievance
If the grievance is not resolved informally as outlined in Step One, the grievant may file the grievance with the administration in writing within fifteen (15) days after receiving the answer in Step One.
The written grievance shall:
describe the nature of the grievance and the facts giving rise to it;
note the provisions alleged to be violated, misinterpreted, or misapplied, and the position of the grievant with respect to such provisions; and
state the specific remedy requested to resolve the grievance.
The Administrator shall have up to fifteen (15) days after receiving the written grievance to investigate the matter, make a decision, and communicate the decision in writing to the grievant.
Step 3 - Appeal of Written Grievance
The grievant whose immediate supervisor is not the Superintendent, if not satisfied with said decision, may appeal in writing to the Superintendent within ten (10) days. The Superintendent has ten (10) days to give a written decision to the grievant after receipt of the appeal. If the supervisor is the Superintendent, the appeal is sent to the Board President within ten (10) days. The Board President has ten (10) days to give a written decision to the grievant after receipt of the appeal.
Step 4 - Impartial Third-Party Hearing
The grievant, if not satisfied with the decision in Step Three, may appeal in writing directly to the Superintendent within ten (10) days.
The expenses of securing a hearing examiner shall be borne by the Board so long as the Board selects the hearing examiner.
The Board shall select a hearing examiner outside of the Logan City School District.
The hearing examiner shall be notified of his/her selection by a joint letter from the Board and the grievant, or their designee(s), stating the issue(s) and requesting that he/she set a date and time for the hearing.
The hearing examiner's authority shall be strictly limited to making a recommendation(s) to the Board regarding only the specific issue(s) submitted to him/her in writing by the District and the grievant.
The hearing examiner's written report is only made in an executive session with the Board, the grievant, and his/her representative.
The Board must submit their written decision to both parties within twenty (20) days after receiving the recommendation of the hearing examiner unless the parties agree to an extension. The Board must make the final decision and cannot delegate this responsibility.
Orderly Termination Procedures
The District and the Administrator's association find that the establishment of standards and procedures which define and protect the rights of Administrators with respect to suspension or termination of employment under various circumstances is in the best interests of Administrators. The District and the Association therefore mutually endorse the provisions of the Public Education Human Resource Management Act 53A-8-101 et. seq. relating to orderly termination procedures and pursuant to said statute adopt the regulations which follow as to standards of due process and causes for termination. This policy incorporates the definitions contained in Utah Code Ann. § 53A-8a-102.
The District may determine not to renew the contract of an Administrator for any of the following reasons:
unprofessional conduct not characteristic of or befitting a District employee or that is harmful to students or to the District;
conviction of a felony or misdemeanor involving moral turpitude;
improper or unlawful physical contact with students;
repeated violation of District policy;
manufacturing, possessing, using, dispensing, distributing, selling and/or engaging in any transaction or actions to facilitate the use, dispersal or distribution of any illicit (as opposed to authorized) drugs or alcohol on District premises or as a part of any District activity;
current addiction to or dependency on a narcotic or other controlled substance or drunkenness or excessive use of alcoholic beverages or controlled substances that impairs the ability of the employee to complete the necessary job functions of his/her position;
deliberate falsification of any information supplied to the District, including data on application forms and employment records;
sexual harassment of a student or employee as defined in the Logan City School District Harassment Policy;
neglect of duty;
disability not otherwise protected by law that impairs performance of required job duties;
failure to maintain requirements for licensure or certification;
any reason that the District in its whole discretion deems reasonable and appropriate.
Suspension Procedures and Reinstatement of Lost Pay
The Superintendent, or the Superintendent's designee, may suspend an Educator, with or without salary, whenever in the Superintendent's professional judgment it is in the best interest of the District to take such action. Notice of suspension shall be given in writing, including a statement of the reasons, therefore, and advises the Educator that he/she may request an informal conference with the Superintendent to discuss the matter requested within ten (10) days of receiving a letter of suspension.
If it is determined that a suspension without pay or the length thereof was unjustified, the Board of Education shall issue a decision that includes appropriate reinstatement of lost pay to the Educator involved.
Termination During Contract Term for Unsatisfactory Performance
"Unsatisfactory performance" is defined as (a) a deficiency in performing work tasks which may be:
(i) due to insufficient or undeveloped skills, lack of knowledge or aptitude, poor attitude, or insufficient effort; and (ii) remediated through training, study, mentoring, practice, or greater effort. "Unsatisfactory performance" does not include the following conduct: (i) violation of work rules; (ii) a violation of local school board policies, State Board of Education rules, or law; (iii) a violation of standards of ethical, moral, or professional conduct; or (iv) insubordination.
If an Administrator is identified as having unsatisfactory performance during the contract term, the unsatisfactory performance must be documented in accordance with District policies or practices. Such evaluations may be conducted by a supervisor at any time that is reasonable to assess the Administrator's performance.
The Superintendent or designee of the Board shall develop and implement an Administrator plan of assistance to correct the deficiencies. The plan of assistance shall identify: (a) deficiencies; (b) resources available to the educator, including a mentor. The plan shall include opportunities for the Superintendent or designee to reevaluate the employee's performance.
The Board shall provide the Administrator sufficient time, up to but not exceeding 120 school days, to implement the plan.
If upon reevaluation of the Administrator's performance, the District determines the Administrator's performance is satisfactory, and within a three-year period after the initial documentation of unsatisfactory performance for the same deficiency pursuant to Subsection (1), the Administrator's performance is determined to be unsatisfactory, and the District may elect to not renew or terminate the Administrator's contract.
If the Administrator's performance remains unsatisfactory after reevaluation, the Superintendent or designee shall give notice of intent to not renew or terminate the Administrator's contract, which shall include written documentation of the Administrator's deficiencies in performance.
An employee whose performance is unsatisfactory may not be transferred to another school unless the Board specifically approves the transfer of the employee.
Nothing in this agreement shall be construed to require the Administrator's compliance in the completion of evaluations.
If the District intends not to renew the contract of an Administrator for reasons of unsatisfactory performance it shall notify the Administrator at least thirty (30) calendar days prior to issuing a notice of intent not to renew the Administrator's contract that continued employment is in question, and clearly identify the deficiencies in performance.
When the District intends to terminate an Administrator's contract during the contract term for unsatisfactory performance, the District will give prior written notice of such intent served by personal delivery or by certified mail addressed to the Administrator's last known address as shown on the records of the District. Such termination notice, including the clearly identified deficiencies in performance, states the date of termination and the reason(s) and cause(s) for termination, and advises the Administrator that he/she may request in writing an informal conference with the Superintendent to discuss the matter if requested within ten (10) calendar days of receiving the termination notice. Termination notice is delivered or mailed at least thirty (30) calendar days prior to the proposed date of termination. Termination notice shall advise the Administrator that he/she has the right to a fair hearing and that the hearing is waived if it is not requested within fifteen (15) calendar days after the notice of termination was either personally delivered or mailed to the individual's most recent address as shown on the records of the District. The notice shall state that failure of the employee to request a hearing in accordance with procedures set forth in the notice constitutes a waiver of that right and that the District may then proceed with termination without further notice.
Termination During Contract Term for Just Cause
When the District intends to not renew an Administrator's contract or to terminate a Career or Provisional Administrator's contract during the contract term for Just Cause, the District gives prior written notice of such intent served by personal delivery or by certified mail addressed to the Administrator's last known address as shown on the records of the District. Such termination notice states the date of termination and the reason(s) and cause(s) for termination.
Termination notice is personally delivered or certified mailed at least thirty (30) calendar days prior to the proposed date of termination. The termination notice shall state that failure of the employee to request a hearing within fifteen (15) calendar days in accordance with procedures set forth in the notice constitutes a waiver of that right and that the District may then proceed with termination without further notice.
Nonrenewal of Provisional Administrators
A Provisional Administrator is not entitled to employment beyond the end of the term of the present one (1) year contract. Termination of Provisional Administrators during the contract term or cause is governed by Orderly Termination Procedures (9-1).
The District shall notify a Provisional Administrator at least sixty (60) days before the end of the Provisional Administrator's contract (June 30) if the Provisional Administrator will not be offered a contract for a subsequent term of employment. Because Provisional Administrators do not have an expectation of continued employment, they do not have a right to grieve the decision not to renew employment and do not have a right to a fair hearing.
In the absence of timely notice (9-2-2), Provisional Administrators are deemed to be reemployed for the succeeding contract term with a salary based upon the applicable Administrator salary schedule.
Upon successful completion of a third (3rd) consecutive provisional contract, or a fourth (4th) or fifth (5th) consecutive provisional contract where applicable, a Provisional Administrator becomes a Career Administrator pending approval by the Board of Education during their June board meeting.
Procedural Due Process
Administrator's Right to an Informal Conference
A notice of intention not to renew the contract of a Career Administrator or of an intention to terminate the contract of a Career or Provisional Administrator during the contract term must advise the Educator that he/she may request an informal conference before the Superintendent. The request for informal conference must be made in writing and delivered to the Superintendent within ten (10) days of the receipt of the notice of intention not to renew or notice of termination during the contract term. The informal conference will be held as soon as is practical. Suspension pending a hearing may be granted pursuant to 9-2.
Administrator's Right to a Hearing
A notice of intention not to renew the contract of a Career Administrator or of an intention to terminate the contract of a Career or provisional Administrator during its term must also advise the Educator that if after the informal conference the Administrator desires a hearing on the matter, he/she must submit written notice to that effect to the Superintendent within fifteen (15) days of the date on the notice of intent not to renew or notice of termination during the contract term. Nothing precludes the Administrator from making a written request for an informal conference and a hearing in the same letter. Upon timely receipt of the notice, the Superintendent will notify the Board of Education of the Logan City School District, which will either appoint a hearing officer or determine to hear the matter itself. In either case, the Board will send notice of the date, time, and place of the hearing to the Superintendent and to the Administrator. If the Administrator does not request a hearing within fifteen (15) days, then the Administrator has waived any right to a hearing and to contest the decision.
The Board of Education of the Logan City School District may appoint a hearing officer to make factual findings relating to the employment of the Administrator. The Board of Education of the Logan City School District retains the right to make its own decision based on the factual findings of the hearing officer.
Right of Administrator at a Hearing
At the hearing, the Administrator and administration each have right to counsel, to produce witnesses, to hear testimony, to cross-examine witnesses, and to examine documentary evidence.
Within fifteen (15) days after the hearing, the person or entity that conducted the hearing, whether the hearing officer or the Board of Education, shall issue written findings of fact and conclusions of law deciding the matter. These shall be provided to the employee by mail or by personal delivery.
In the event the decision of the Board is to not terminate the employment of an Administrator, then the Administrator shall be reinstated and back pay shall be paid if the Administrator was suspended without pay pending the hearing.
Failure to Give Timely Notice
In the absence of timely notice, Career Administrators are deemed to be reemployed for the succeeding contract term with a salary based upon the applicable Administrator salary schedule.
If the final determination is not to dismiss a Career Administrator, record of the District's attempt to dismiss the Career Administrator will not become part of the Career Administrator's personnel file. Material is removed from the Career Administrator's file when a Career Administrator's claim that it is inaccurate has been sustained in Grievance proceedings.
Nothing herein shall be construed to limit the right of a Career Administrator to appeal the District's decision to any appropriate court of law.
Reduction-in-Force shall only occur if there is:
decline in student enrollment in the District;
discontinuance or substantial reduction of a particular service or program;
a shortage of anticipated revenue after the budget has been adopted;
school consolidation mandated by the Board; or
a projected decline in revenue.
Before a Reduction-in-Force is implemented, the Superintendent and Board of Education shall attempt to accomplish administrative reductions through attrition, volunteers, retirement, and furlough options.
Once it is determined that a Reduction-in-Force is necessary, an Administrator must have both a current Utah Teaching License and an Administrative/Supervisory (K-12) License to be retained. Under a Reduction-in-Force, an Administrator on a Letter of Authorization or an Administrative Intern is the first Administrator(s) subject to the Reduction-in-Force.
The Administrator(s) whose contract is less than a 1.0 FTE will be the next Administrator(s) affected by the Reduction-in-Force in the ascending order of the FTE.
The Administrator whose CACTUS record shows a current UPPAC sanction or disciplinary action is the next Administrator affected by the Reduction-in-Force. Pending UPPAC investigations will not affect an Administrator.
The Administrator who has received a Suspension without Pay as part of corrective discipline within the 18 months preceding the Reduction-in-Force is the next Administrator affected by the Reduction-in-Force.
The Administrator who has received two or more letters of written reprimand as part of corrective discipline within the 18 months preceding the Reduction-in-Force is the next Administrator affected by the Reduction-in-Force.
The Administrator who has received one letter of written reprimand as part of corrective discipline within the 18 months preceding the Reduction-in-Force is the next Administrator affected by the Reduction-in-Force.
The Administrator next subject to the Reduction-in-Force will be determined based on an ascending order of all Administrators' overall evaluation rating on the most recent Summative Evaluation.
The Administrator with the fewest number of full-time equivalent years of administrative experience with Logan City School District will be the Administrator next subject to the Reduction-in-Force.
Should the next Administrator subject to the Reduction-in-Force still be between two or more Administrators, the next Administrator subject to the Reduction-in-Force will be determined by a random drawing conducted by the President of the Logan City School District Administrator Association and the Director of Human Resources.
Administrators subject to Reduction-in-Force shall be given first right to interview for non-administrative positions for which they meet minimum qualifications.
As soon as specific reductions are known, written notice will be provided to the affected Administrator(s) via hand delivery or certified mail to the last known mailing address on record in Human Resource. Such written notice shall state that the loss of their position was due to a Reduction-in-Force.
Administrators released through the Reduction-in-Force process shall be given first right to interview for administrative vacancies for which they are qualified for 15 months following the date of the written Reduction-in-Force Notice, unless one of the following occurs first:
the Administrator resigns from the District;
the Administrator accepts another full-time administrative position within the District;
the Administrator refuses an offer of employment for a position that includes the same or more hours (FTE) as the position the Administrator occupied at the time of the Reduction-in-Force.
The District shall notify the eligible Administrator of first right to interview via documented personal contact. If the District is unable to make personal contact, the District shall notify the eligible Administrator of first right to interview via certified letter to the last known mailing address on file in Human Resource. The certified letter shall advise the Administrator that he/she has five (5) calendar days after the date the letter is postmarked to accept the offer to interview. Failure to accept the first offer for an interview shall relieve the Board of any further responsibility to the Administrator.
If an Administrator is terminated through a Reduction-in-Force and then rehired during the same contract year the Administrator's salary placement shall remain unchanged. If an Administrator is terminated through a Reduction-in-Force and then rehired within 15 months from the date of the Reduction-in-Force Notice but in the subsequent contract year, the Administrator's salary placement at the time of the Reduction-in-Force shall be reinstated along with financial benefits provided in accordance with the subsequent contract year's negotiated agreement.
An Administrator rehired following a Reduction-in-Force shall have leave benefits which existed at the time of termination reinstated except those benefits for which compensation was received at the time of termination.
Health and Accident Insurance
In addition to the salary provided in the schedule, it shall be the policy of the District to pay the total insurance premium for health and hospital insurance for full-time Administrators and the eligible dependents for the Administrator's choice of insurance programs offered by the District. The Board consults with the Association prior to any changes to insurers or benefits.
Administrators working seventy-five (75) percent to ninety-nine (99) percent of a full-time contract receive single coverage. Further insurance is available to the Administrator with the Administrator paying the additional premiums.
Administrators employed less than seventy-five (75) percent of a full-time contract do not receive insurance benefits.
The flexible spending program is available to professional Administrators to assist with qualified insurance premium payments.
It is recognized by the Board and the members of the staff that district funds used for this purpose are in effect a salary benefit and shall be so considered in any budget or expenditure analysis.
The following are eligible for coverage under the District group plan:
All Administrators covered in §10-1-1.
Unmarried natural or legally adopted children under the age of twenty-six (26) of the Administrator and/or spouse.
Coverage under the health insurance plan for all new Administrators to the District is the first day of July if hired for the full fiscal year. Midyear hires are eligible for coverage the first day of the month after the date of hire. Administrators must complete proper application forms prior to the effective date. Consideration for prior coverage ending dates determines the actual start date of coverage.
Coverage for members of the program whose employment is terminated shall cease at the end of the month in which the Administrator terminates employment or becomes ineligible.
It is the responsibility of the Administrators covered by the group insurance plan of the District to immediately notify the District Office of any changes in their eligibility status or that of their dependents. They are held financially responsible to repay any loss in premium payments suffered by the District due to their negligence.
Long Term Disability/Term Life Insurance
The Board pays the full premium for the long-term disability insurance provided for Administrators as per the current specifications of the insurance carrier.
Insurance eligible Administrators are provided a term life insurance benefit. The current benefit, paid in full by the Board, provides $50,000 coverage for the Administrator. For Administrators eligible for family coverage, an additional $5,000 per dependent is provided. Additional coverage may be purchased and paid for by the Administrator.
For the purpose of the Longevity Incentive Program, Administrator is defined as all school and district Administrators.
To reward longevity and provide a bridge to Medicare for eligible Administrators who wish to separate employment with the District prior to Medicare eligibility.
Benefits under this provision are for Administrators who have met all eligibility requirements of the District.
Benefits under this provision are paid by the District for four (4) years or until the Administrator becomes eligible to receive Medicare benefits, whichever comes first.
The Board and the Administrator understand that the District's Longevity Incentive Program is independent from benefits provided by Utah Retirement Systems (URS). Notwithstanding, all parties agree to be bound by the URS provisions.
Benefit Options and Eligibility
Sunset Provision: Administrators whose combined age and a minimum of fifteen (15) years of full-time service with the District at June 30, 2015, will be grandfathered as per Article 11 of the 2012-13 Administrator Negotiated Agreement. However, future health insurance premium increases are the responsibility of the Administrator and will be deducted from the annual stipend payable under this provision. Further, eligibility for this Sunset Provision is dependent on the Administrator's written notification of their intent to retire at the conclusion of either the 2013-14 fiscal year or the 2014-15 fiscal year to the Human Resource Department no later than the last business day in March 2014 or 2015, respectively. Failure to comply with this notification deadline will result in a fine of twenty-five (25) percent of the first year's stipend or $2500, whichever is less. Effective July 1, 2015, the Sunset Provision is null and void, and no benefits under the Longevity Incentive Program will be payable until the Administrator qualifies for Option A, Option B, or Option C as outlined in §11-4-2.
Beginning July 1, 2013, any Administrator to whom the Sunset Provision does not apply may qualify for the Longevity Incentive Program one of three ways as follows:
Option A (Annual Stipend): Administrators with at least twenty (20) years of full-time service with the District and whose combined age and years of service at the end of the current fiscal year equal eighty (80), are eligible for an annual stipend as per §11-6-1 payable to a designated health reimbursement account or special pay plan as determined by the District. If the Administrator so desires, this stipend may be applied toward the purchase of extended health insurance coverage.
Option B (Annual Stipend and Health Insurance Coverage): Educators with at least twenty-five (25) years of full-time service with the District and whose combined age and years of service equal eighty-five (85) at the end of the current fiscal year, are eligible for the annual stipend as per §11-6-1 and single or couple health insurance coverage as per §11-7.
Option C (Annual Stipend and Health Insurance Coverage): Administrators with thirty (30) years of full-time service with the District at the end of the current fiscal year, regardless of age, are eligible for the annual stipend as per §11-6-1 and single or couple health insurance coverage as per §11-7.
Full-time FTE (1.0) and a minimum of 180 contract days qualifies as one year of full-time service. FTE less than full-time (1.0) or contract days less than 180 in any given fiscal year may be cumulated with other fiscal years to generate full years of service. Periods of leave taken without pay do not count toward years of service.
Active duty in the military, congruent with URS guidelines and regardless of when taken, counts toward years of service. Paid Sabbatical Leave taken prior to June 30, 2013, counts toward years of service; however, paid Sabbatical Leave taken after July 1, 2013, will not count toward years of service.
Administrators eligible to receive Medicare benefits are not eligible for the annual stipend or health insurance coverage under this provision.
Administrators terminated for cause are not eligible for benefits under this provision.
The Administrator reviews eligibility requirements with the District Business or Human Resource Department.
The Administrator desiring to participate in the Longevity Incentive Program must notify the Human Resource Department in writing no later than the last business day of March. Failure to comply with this notification deadline will result in a fine of twenty-five (25) percent of the first year's stipend or $2500, whichever is less.
Should an Administrator who is participating in the Longevity Incentive Program return to employment with the District, the Longevity Incentive provisions are suspended until the Administrator once again separates employment from the District. Upon re-separation, the Administrator resumes receiving the remaining benefits for which he/she is eligible or until the Administrator becomes eligible to receive Medicare benefits, whichever comes first.
The annual stipend payable under this provision is equal to fifty (50) percent of the difference between the first increment of the current Licensed Single-lane Salary Schedule and the Administrator's current gross salary during the last full year of employment.
As a general rule, the annual stipend will be deposited in the Administrator's reimbursement or special pay plan the first week of October each year.
The District agrees to maintain the Administrator's enrollment in the District's group life insurance program for as long as the Administrator qualifies for health insurance coverage, thus providing the Administrator's designated beneficiary with a life insurance benefit valued at $50,000 under District policy. All other benefits provided under this provision terminate upon the death of the retired Administrator.
Health Insurance Coverage
The Employee receives single or couple health insurance coverage with the existing District group health insurance program. Employees are able to maintain family coverage, if applicable, by paying the premium difference. Employees also have the option of waiving health insurance coverage, in which case the District contributes $1,000 into a designated health reimbursement or health savings account.
All Health insurance covereage is subject to change, as negotiated yearly. Retiring Employees receive the same group medical benefits as negotiated yearly; however, future premium increases are the responsibility of the Employee and will be deducted from the annual stipend payable under this provision.
Purchasing URS Service Credit
Administrators who qualify for purchase of URS service credit at the time of separation may use the annual stipend payable under this provision and sick leave payout toward the purchase of such credit in keeping with URS guidelines.
Benefits under this provision are subject to annual negotiation.
The District recognizes the value and importance of Administrator participation in curriculum and other recommendations and decisions affecting schools.
The District forms representative committees in cooperation with the Association president to be responsible for assisting the Superintendent in preparing recommendations to the Board for curriculum revision by evaluating proposed curriculum changes as they relate to needs, priorities, costs, and appropriateness for change of emphasis.
Administrators agree that it is the responsibility of the Superintendent to evaluate the Administrator's service. Insofar as possible, these evaluations shall be made a matter of mutual understanding, but all Administrators ultimately are evaluated by their Superintendent and the record of their evaluation will be filed in their personnel file in the Human Resource Services Department at the Logan City School District Office. Administrators who have participated in a conference with the Superintendent concerning their evaluation receive from the Superintendent a written copy of the evaluation. Assistant principals are evaluated by their building principal in consultation with the Superintendent.