santee school district / overvie€¦ · web viewjuly 1, 2013 – june 30, 2016 table of contents...
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NEGOTIATIONS CONTRACT
BETWEEN
SANTEE SCHOOL DISTRICT
AND
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION
CHAPTER 557
EffectiveJuly 1, 2013 – June 30, 2016
TABLE OF CONTENTS
ARTICLE PAGE
1 AGREEMENT ................................................................................................... 1
2 RECOGNITION ................................................................................................... 2
3 MANAGEMENT RIGHTS AND BOARD POWERS ............................................. 4
4 ASSOCIATION RIGHTS ..................................................................................... 5
5 ORGANIZATIONAL SECURITY ......................................................................... 8
Hold Harmless Provision ........................................................................ 9
6 EMPLOYEE RIGHTS .......................................................................................... 10
Personnel Files ...................................................................................... 10
Employee Review of Personnel Files ..................................................... 10
Reemployment of Permanent Employees............................................... 10
Discipline ................................................................................................ 10
7 GRIEVANCE PROCEDURE ............................................................................... 14
General Provisions ................................................................................. 14
Definitions .............................................................................................. 14
Informal Level ......................................................................................... 15
Formal Grievance Procedure ................................................................. 15
Level I ...................................................................................... 15
Level II ...................................................................................... 15
Level III ...................................................................................... 16
Level IV ..................................................................................... 16
8 PROCEDURE FOR EVALUATION ..................................................................... 19
9 SAFETY .............................................................................................................. 21
Safety Committee ................................................................................... 21
Report of Accident .................................................................................. 21
Unsafe Working Conditions .................................................................... 21
Use of Own Physician ............................................................................ 21
Extreme Conditions................................................................................. 21
Uniforms.................................................................................................. 21
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Table of Contents (Continued)
10 HOURS ............................................................................................................... 23
Workweek/Workday ............................................................................... 23
Alternate Workweek ............................................................................... 23
Overtime ................................................................................................. 23
Average Workweek ................................................................................ 24
Meal Period ............................................................................................ 24
Work Year .............................................................................................. 24
Rest Periods ........................................................................................... 24
Standby Time ......................................................................................... 24
Call Back Time ....................................................................................... 25
Compensatory Time Off ......................................................................... 25
Reduction Adjustment in Assigned Time ................................................ 25
Leaving Assigned Job Sites ................................................................... 25
Summer Assignments ............................................................................ 25
Out-of-School Time Programs................................................................. 26
Transportation Department Procedures.................................................. 26
Assignment of Bus Routes......................................................... 26
Modification of Routes after Initial Bidding................................. 27
Trip Assignments........................................................................ 27
Training...................................................................................... 29
Health & Welfare Benefits……………………………………………. 29
Secretary II (School) and Student Attendance Clerk Work Year............. 29
11 LAYOFF, REEMPLOYMENT, INVOLUNTARY REDUCTION IN
HOURS, AND THE IMPACTS AND EFFECTS OF SUCH MATTERS ........... 31
Reasons for Layoff.................................................................................. 31
Procedure for Overstaffed Schools or Departments................................ 31
Notice of Layoff....................................................................................... 31
Order of Layoff........................................................................................ 32
Bumping Rights and Involuntary Reductions in Assigned Time.............. 32
Layoff in Lieu of Bumping........................................................................ 33
Equal Seniority........................................................................................ 33
Voluntary Demotion or Voluntary Reduction in Hours............................. 33
Impacts and Effects of Layoff.................................................................. 33
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Table of Contents (Continued)
Improper Layoff....................................................................................... 34
Election of Retirement Reemployment Rights......................................... 34
12 HOLIDAYS .......................................................................................................... 35
13 VACATION .......................................................................................................... 36
14 TRANSFERS ...................................................................................................... 39
District-Initiated Transfer ........................................................................ 39
Employee-Initiated Transfer ................................................................... 40
Consideration of Voluntary Transfer Requests Prior to Public Posting . . 41
Posting of Notice .................................................................................... 41
Medical Transfers ................................................................................... 41
Interview Process…………………………………………………………….. 41
Notification of Selection……………………………………………………... 42
15 PROMOTION ...................................................................................................... 43
16 LEAVE PROVISIONS ......................................................................................... 44
General Provisions ................................................................................. 44
Specific Provisions ................................................................................. 44
Bereavement Leave .................................................................. 44
Child Care Leave ....................................................................... 44
Industrial Accident and Illness Leave ........................................ 44
Judicial and Official Appearance Leave .................................... 46
Maternity Leave ......................................................................... 48
Military Leave ............................................................................ 49
Paternity Leave ......................................................................... 49
Personal Necessity Leave ......................................................... 50
Sick Leave ................................................................................. 52
Sick Leave Donation............................................................................... 54
17 COMPENSATION ............................................................................................... 55
Salary Placement and Classification ...................................................... 55
Reclassification ...................................................................................... 55
Length of Work Year for Step Advancement Purposes .......................... 55
Longevity ................................................................................................ 55
Professional Growth Program ................................................................ 55
Compensation ........................................................................... 56
Units Required............................................................................ 56
Limitation.................................................................................... 56
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Table of Contents (Continued)
Grade Requirement ................................................................... 56
Eligible Units............................................................................... 56
Course Requirements................................................................ 56
Procedures ................................................................................ 56
Salary Schedule ..................................................................................... 57
Employee Mileage Reimbursement ....................................................... 57
Promotion to Higher Classification ......................................................... 57
2013-2014 and 2014-2015 Salary Increases ……………………………. . 57
3121 Alternative Social Security Plan…………………………….............. 57
18 HEALTH AND WELFARE BENEFITS ................................................................. 59
General Provisions ................................................................................. 59
Maximum District Contribution Toward Employee
Health and Welfare Benefits ......................................... 59
Required Coverage ................................................................... 59
Optional Benefits Coverage ...................................................... 60
Unused Benefit Monies ............................................................. 60
Plans and Carriers...................................................................... 60
Cost in Excess of District Contribution....................................... 60
Terminating Employees .......................................................................... 60
New Employees ..................................................................................... 60
Benefit Selection Sheets ........................................................................ 60
Insurance Plans ..................................................................................... 61
Retired Employees' Health Benefits ....................................................... 61
Classified Employees Flexible Spending Account Plan ......................... 61
Intent of the Flexible Spending Account Plan ............................ 62
Flexible Spending Accounts ...................................................... 62
District Contribution to the Flexible Spending Account Plan ...... 62
Forfeiture of Funds .................................................................... 62
Administration of Plan ............................................................... 63
Opt Out Program …………………………………………………................ 63
19 NO LOCKOUT .................................................................................................... 64
20 CONCERTED ACTIVITIES ................................................................................. 65
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Table of Contents (Continued)
21 CONTRACT PROVISIONS ................................................................................. 66
22 TERM ................................................................................................................ 67
APPENDIXES:
Ranges and Classification revised 12/20/11........................................................ 68
2013-2014 Salary Schedule ................................................................................ 69
2014-2015 Salary Schedule ................................................................................ 70
2015-2016 Salary Schedule ................................................................................ 71
Sick Leave Donation Guidelines.......................................................................... 72
Jury Duty Deferral Form....................................................................................... 73
Performance Evaluation for Probationary Classified Employees Form................ 74-75
Performance Evaluation for Permanent Classified Employees Form................... 76-77
Grievance Forms................................................................................................. 78-84
Side Letter of Agreement 11/28/00...................................................................... 85
Side Letter of Agreement 5/11/01........................................................................ 86
Side Letter of Agreement 3/14/05 ………………………………………………….. . 87-88
Side Letter of Agreement 10/26/12………………………………………………….. 89-90
Side Letter of Agreement 10/14/13………………………………………………….. 91-92
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ARTICLE 1
AGREEMENT
This Agreement and the provisions contained herein constitute a bilateral and binding Agreement
by and between the Board of Education of the Santee School District, hereinafter referred to as
the "District," and California School Employees Association and its Chapter 557, hereinafter
referred to as "CSEA." This Agreement is entered into pursuant to Chapter 10.7, Sections 3540 -
3549 of the Government Code.
It is understood and agreed that the specific language in the agreement shall prevail over District
practices and procedures. To the extent the Agreement grants rights in addition to those covered
by State law, the Agreement shall prevail.
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ARTICLE 2
RECOGNITION
The Board recognizes the CSEA as the sole and exclusive bargaining agent for those classified
non-management employees occupying the following positions:
Accounting Series: Accountant: Finance, Accounting Assistant I, Accounting
Assistant II, Accounting Assistant III, Buyer/Accounting Assistant
II, and Senior Buyer/Logistics Specialist;
Assistant Series: Adult ESL Assistant, Bilingual Braille Transcriber, Bilingual
HIPPY Assistant, Bilingual HIPPY Assistant II, Campus Aide,
Child Assistant, Child and Family Attendance Specialist, Early
Childhood Assistant I, Early Childhood Assistant II, Early
Childhood Group Leader I, Early Childhood Group Leader II,
Instructional Assistant, Instructional Assistant I, Instructional
Assistant II, Instructional Assistant-Computer Lab, Instructional
Assistant-LEP, Instructional Assistant-Special Education I,
Instructional Assistant-Special Education II, Instructional
Assistant-Visually Impaired, Interpreter for the Hearing Impaired,
Out-of-School Time Assistant Site Leader, Out-of-School Time
Group Leader, Out-of-School Time Group Leader Specialist,
Out-of-School Time Regional Leader, Out-of-School Time Site
Leader, Project SAFE Assistant, and Student Support Assistant;
Clerical Series: Bilingual Clerical Assistant, Bilingual Project Assistant, Bilingual
Project Assistant II, Bilingual Assistant to Program Coordinator,
Bilingual Community Liaison, Clerk Typist I, Clerk Typist II,
Community Liaison, District Instructional Media Technician,
District Receptionist/Clerk, Health Clerk, Instructional Media
Technician, Personnel Assistant/Substitutes, Personnel
Technician, Personnel Technician (Benefits), Student
Attendance Clerk, and Transitional Second Language Clerk/Data
Specialist;
Custodial Series: Custodian I, Custodian II, Lead Custodian, and Site Custodian;
Food Service Series: Child Nutrition School Site Lead, Child Nutrition Lead, CNS
Accounting Assistant III/Secretary II (Dept), Food Service
Clerical Assistant, Food Service Utility Worker, Food Service
Warehouse/Delivery Driver, Food Service Worker I, Food
Service Worker I-A; Food Service Worker II, Food Service
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Worker III, Food Service Worker III-A, Food Service Worker IV,
and Food Service Worker V;
Grounds Series: Grounds Maintenance Worker I, Grounds Maintenance Worker
II, and Grounds Maintenance Worker III, and Lead Grounds
Maintenance Worker;
Maintenance/ Craftsworker I, Craftsworker II, Craftsworker III, Craftsworker I
Warehouse Series: /Storekeeper, Craftsworker I/Warehouse Worker/Delivery Driver,
HVAC Technician II, HVAC Technician III, Lead Warehouse
Worker/Delivery Driver, Maintenance Buyer, and Maintenance
and Operations Lead;
Nursing Series: Licensed Vocational Nurse, Occupational Therapist, and
Occupational Therapy Assistant;
Secretarial Series: Program Secretary/Student Enrollment, School Office
Receptionist/Clerk, Secretary I (Department); Secretary II
(Department), and Secretary II (School), and
Secretary/Computer User Specialist;
Technology and Communication Series:
Computer Support Technician I, Data Specialist, Electronics
Technician II, Electronics Technician III, Network Specialist,
Technology Assistant, Publications Technician I, Publications
Technician II, and Web Development Specialist;
Transportation Series: Assistant Mechanic, Bus Attendant, Bus Driver I, Bus Driver II,
Bus Driver III, Bus Driver/Driver Instructor, Dispatcher/Driver
Instructor, and Heavy Duty Diesel Mechanic;
And, excluding all other positions not specifically enumerated above.
The Association, in turn, recognizes the Board as the duly elected representative of the people
and agrees to negotiate exclusively with the Board's Negotiating Team through the provisions of
the Rodda Act, SB-160, Chapter 10.7, Section 3540 - 3549 of the Government Code. All newly
created positions, except those that lawfully are certificated, management, confidential, or
supervisory shall be assigned to the bargaining unit.
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ARTICLE 3
MANAGEMENT RIGHTS AND BOARD POWERS
A. Description Rights
The Board on its own behalf and on behalf of the electors of the District hereby retain and reserve
unto itself without limitation, all powers, rights, authorities, duties, and responsibilities conferred
upon and vested in it by the laws and the Constitution of the State of California and of the United
States including, but without limiting the generality of the foregoing, the right:
1. To direct the executive management organization and administrative control of the
District and its properties and facilities, and the activities of its employees.
2. To direct the work of its employees, determine the time and hours of operation, determine
classification of positions, determine the kinds and levels of services to be provided, and
the methods and means of providing those services, including entering into contracts with
private vendors for services.
3. To hire all employees and, subject to the provisions of the law, to determine their
qualifications and the conditions for their continued employment, discipline, dismissal, or
demotion, and to promote, assign, and transfer all such employees.
4. To establish educational policies, goals, and objectives, to insure rights and educational
opportunities of students, to determine staffing patterns, to determine the number and
kinds of personnel required in order to maintain the efficiency of District operations.
5. To build, move, or modify facilities, establish budget procedures and determine budgetary
allocation, determine the methods of raising revenue, and take action on any matter in
the event of an emergency.
B. Exercising Rights
The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the Board,
adoption of policies, rules, regulations and practices in furtherance thereof, and the use of
judgment and discretion in connection therewith shall be limited only by the specific and express
terms of this Agreement, and then only to the extent such specific and express terms hereof are
in conformance with the Constitution and laws of the State of California and the Constitution and
laws of the United States and is expressly excluded from the provisions of Article 7, "Grievance
Procedure".
C. In Cases of Emergency
The District retains its right to amend, modify, or rescind policies and practices referred to in this
Agreement in case of emergency. An emergency shall be defined as an unforeseen combination
of circumstances which calls for immediate action. The determination of whether or not an
emergency exists is solely within the discretion of the Board and is expressly excluded from the
provisions of Article 7, "Grievance Procedure".
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ARTICLE 4
ASSOCIATION RIGHTS
CSEA shall have the following rights in addition to the rights contained in any other portion of this
Agreement.
1. Use of Facilities.
CSEA shall have the right to make use of school buildings for meetings when: (1) an
authorized CSEA representative obtains permission from the Superintendent or
designee(s) regarding the time, place, and type of activity to be conducted, and (2) the
Superintendent or designee(s) can verify that such requested use of facilities and
activities will not interfere with the school programs and/or duties of unit members.
School or department staff meetings shall not be used for employee organization
business.
2. Use of Institutional Bulletin Boards.
Each site administrator or department head shall designate a portion of one (1) bulletin
board for use by CSEA. CSEA shall be responsible for the content of all its information
posted on school bulletin boards. CSEA will not post information which is derogatory or
defamatory of the District or its personnel on District property. CSEA shall be responsible
for maintaining neatness and order of the bulletin board space designated for CSEA use.
One (1) copy of all organizational material to be posted on the designated bulletin board
space shall be provided to the Superintendent or designee. One (1) copy of all
organizational materials to be posted on the designated bulletin board shall be provided
to the site administrator or department head or designee. All material to be posted shall
include the name of the organization, the name of the responsible officer of the
organization, and date.
3. Use of District Internal Mail Systems.
CSEA shall have reasonable use of the District internal mail systems, including electronic
mail, to distribute materials which emanate from the Association office for communication
to its unit members provided that such materials include the name of the Association and
date. CSEA understand and agrees that there is no expectation of privacy or
confidentiality in the use of the District’s internal mail systems, including electronic mail.
Distribution of District materials shall have priority over distribution of organizational
materials. Distribution of Association materials shall be subject to the workload of the
District mail delivery service. The Association is responsible for the content of all
information sent using the District’s internal mail systems. One (1) copy of the materials
to be placed in employee mailboxes shall be provided by the Association to the
Superintendent or his designee prior to distribution. One (1) copy shall be provided the
site administrator or department head of each location to which materials are sent.
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Distribution of materials in mailboxes shall be done by a designated member of the
organization outside of regular duty hours.
4. Access to Employees.
Authorized CSEA representatives shall have the right to transact official business on
school property provided that: (1) an authorized CSEA representative obtains permission
from the Superintendent or designee(s) regarding the specific time, place, and type of
activity to be conducted, (2) upon arriving at a site the authorized CSEA representative
reports to the site administrator or department head or designee to announce his/her
presence and purpose, (3) such visits shall be scheduled only during the employee's duty
free lunch period or non-duty hours, and (4) that no CSEA views on matters relating to
management-employee or District-CSEA relations will be discussed in the presence of
students by the CSEA representative or members of the bargaining unit.
5. The right to use without charge institutional equipment, facilities, and buildings, at
reasonable times, for the purpose of processing grievances and matters related thereto.
6. The right to review employees' personnel and payroll records, by appointment, pursuant
to the provisions of Article 6, "Employee Rights," page 10, when accompanied by the
employee or on presentation of written authorization signed by the employee.
7. The right to be supplied with a complete "hire date" seniority roster of all bargaining unit
members within sixty (60) calendar days following the effective date of this Agreement
and annually thereafter. All references to seniority within this Agreement shall be
interpreted as "hire date" seniority. Seniority within the District shall be defined as the
first date of paid service in a position that is a part of the classified service. Seniority
within a classification shall be defined as the first date of paid service within that
classification, and seniority within a classification shall include service in that
classification plus service in any higher classification(s).
8. The right to receive, upon request, without cost, copies of any public materials related to
wages, hours and other terms and conditions of employment which are relevant for
CSEA to fulfill its duties and obligations as the exclusive representative of bargaining unit
members covered by this Agreement.
9. Names, addresses and available telephone numbers of bargaining unit members shall be
provided without cost to CSEA no later than December 1 of each school year.
10. The right to review at reasonable times, by appointment, public material in the
possession of or produced by the District, which relate to wages, hours and other terms
and conditions for bargaining unit members.
11. The right to conduct an orientation session on this Agreement for bargaining unit
employees during regular working hours subject to approval of the District
Superintendent or designee.
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12. Distribution of the Contract: The District shall print or duplicate and provide without
charge up to twelve (12) copies of this contract, and any subsequent written changes
agreed to by the Parties, for CSEA leadership. In addition, the District shall make an
electronic version of this contract, and any subsequent written changes agreed to by the
Parties, available and easily accessible to every existing and new employee in the
bargaining unit. The District shall provide without charge a printed copy of this contract,
and any subsequent written changes agreed to by the Parties, to any existing or new
employee requesting it.
13. Upon request, the District will grant paid release time for two (2) delegates for the first
150 members and one (1) additional delegate for each 100 members or fraction thereof
to attend the annual state conference of CSEA. Granting of release time for the
additional delegates shall not unduly interfere with the smooth and efficient operation of
the District as determined by the immediate supervisor of each selected delegate. All
conference expenses shall be paid by CSEA or the unit member.
14. CSEA Chapter 557 (“Association”) shall have one hundred eighty (180) hours per fiscal
year (July 1 – June 30) of paid release time for Association Business. No one individual
shall have more than four (4) hours of paid release time in any week and release time
shall be subject to prior approval of the Assistant Superintendent of Human Resources or
designee. The Association shall submit written request for all such release time
sufficiently in advance but not less than two (2) working days prior to the intended
absence to ensure substitute coverage, if appropriate. The District and the Association
shall work together to monitor and record the use of release time provided for in this
Article and resolve discrepancies. Release time under this section shall not be used for
any activity in violation of the Agreement, or for any purpose unrelated to the
Association’s obligations as the exclusive representative of the Bargaining Unit.
15. Chapter members shall be granted paid release time in accordance with and subject to
Education Code section 45210 provided that reasonable notice has been provided by the
State Association and the number of chapter members released is reasonable. The State
Association shall be responsible for providing reimbursement to the District for all costs
incurred by the District for such release time billed to the State Association in accordance
with the aforementioned stature.
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ARTICLE 5
ORGANIZATIONAL SECURITY
A. Classified unit members shall be required as a condition of continued employment to either join the
recognized employee organization or pay the organization a fair share service fee within the first
thirty (30) days of employment.
1. If any employee is out of compliance after thirty (30) days, the District shall deduct
from the employee’s salary the appropriate dues or fair share service fee and make
said payment to CSEA pursuant to Education Code Section 45168(b) which is the
sole remedy in this article for failure to voluntarily pay the dues or the fair share
service fee.
2. The Association shall certify to the Board in writing the dues and fair share service
fee schedules. The District shall not be obligated to put into effect any new or
changed deduction until the pay period commencing thirty (30) days or more after
such submission.
3. CSEA Chapter 557 shall have the sole and exclusive right to have membership
dues and fair share service fee, if any, deducted from the payroll warrants of the
bargaining unit members by the District.
4. The District shall notify CSEA Chapter 557 as soon as possible if any member
revokes a dues authorization.
B. Any unit member who is not a member of the Association, or who does not make application for
membership within thirty (30) days from the date of commencement of assigned duties within the
bargaining unit shall:
1. Become a member of the Association through payroll deduction or pay the annual
dues in one (1) lump sum to the Association, or
2. Pay a service fee, the amount of which shall be determined by the Association and
authorized by Section 3540.1(i)(2) of the Government Code and consistent with
legal requirements, provided that it shall be the sole responsibility of the
Association to ensure that such fee is legally determined and legally appropriate.
The fee shall be paid through payroll deduction or may be paid in one (1) lump sum
payment to the Association, or
3. Request exemption status from the Association based on philosophical or religious
objections. Bargaining unit members who wish to request such an exemption must
first mail any documents or other information to support their request to:
CSEA
2045 Lundy Ave
San Jose, Ca 95131
Attn: Legal Department
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Service Fee/ Membership Dues shall continue to be deducted during the period of
time the unit member’s claim is being assessed by the Association. If the
Association finds for the unit member’s claim, the amount equivalent to the fee
described above in B (2) must be paid to a non-religious, non-labor, charitable
organization which is exempt from Title 26 of the Internal Revenue Code. The fee
may be paid through payroll deduction or in one (1) lump sum payment to one of
the charitable organizations listed below:
United Way
American Red Cross
Lorraine Foster Fund
Such payments shall be made directly to the selected charitable organization
with proof of payment supplied monthly to CSEA Headquarters.
C. Hold Harmless Provision
As a condition of effectiveness of this article, the Association agrees to indemnify and save the
District, Board of Education, each individual school board member, and all administrators in the
District harmless against any and all claims, demands, costs, lawsuits, judgments, or other forms
of liability and direct costs including all court or state administrative agency costs that may be
sustained out of, or by reason of, actions taken by the District for the purpose of complying with
this article.
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ARTICLE 6
EMPLOYEE RIGHTS
A. Personnel Files
1. Employees will be informed when any material of a derogatory nature is to be placed in
the personnel file.
2. Employees have the right to respond in writing to any derogatory material included in the
personnel file and the employee's response shall be attached to the derogatory material.
B. Employee Review of Personnel Files
In order for an employee to review his/her personnel file, he/she shall observe the following
procedure:
1. Make an appointment with the Assistant Superintendent of Human Resources, or
Administrative Secretary, Human Resources, at a time when the employee is not actually
required to render services to the District.
2. After reviewing the personnel file, an employee has the due process right to attach
statements to any derogatory information in the folder. The employee can make another
appointment, during his/her working hours, to prepare a statement in response to
derogatory material without loss of salary. Up to one (1) hour of release time can be
utilized for this purpose.
C. Reemployment of Permanent Employees
In accordance with Education Code 45309, any permanent employee who voluntarily resigns
from his permanent classified position may be reinstated or reemployed by the District within
thirty-nine (39) months of his/her last day of paid service into a position in his/her former
classification, a related lower classification, or a lower classification in which the employee
formerly had permanent status. If the District elects to reinstate or reemploy a person under the
provisions of this section, the District shall disregard the break in service, classify him/her as, and
restore to him/her all rights, benefits, and burdens of a permanent employee in the classification
to which he/she is reinstated or reemployed.
D. Discipline
1. A permanent employee in the bargaining unit may be disciplined by the District for just
cause. The term "discipline" specifically does not include adverse or negative
evaluations, warnings, directives, reprimands, and the implementation of other articles in
the Agreement, such as denial of any leave.
2. Causes for Disciplinary Action.
A permanent worker may have disciplinary action taken against him/her for just cause,
including but not limited to the following:
a. Repeated, unexcused absences.
b. Repeated, unexcused tardiness.
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c. Failure to perform regular or other assigned duties.
d. Conviction of any criminal act involving moral turpitude.
e. Disorderly or immoral conduct while in a paid status.
f. Violation of any lawful order by a supervisor.
g. Insubordination of any kind.
h. Incompetency, ineffectiveness or inefficiency in performance of duties.
i. Intoxication while on duty.
j. Use of illegal drugs or misuse of legal drugs.
k. Damage to or waste of District property or supplies due to negligence or willful
acts.
l. Violation of any of the District's regulations regarding duties, conduct, or
performance of an employee.
m. Willful conduct tending to injure the public service.
3. Disciplinary Action.
The following disciplinary action may be taken by the District against a permanent
worker.
a. Dismissal.
Dismissal is removal from employment.
b. Suspension.
Suspension is temporary removal from service for a specified
period of time with or without pay.
c. Involuntary Demotion.
Involuntary demotion is placement in a lower classification without the worker's
written consent.
4. Discipline.
Prior to the taking of discipline, the Superintendent or designee shall give written notice to
the employee. This written notice of proposed disciplinary action shall be served by
certified mail or personal delivery to the employee at least ten (10) working days prior to
the date when discipline may be imposed. In emergency situations where it is deemed
appropriate to remove the employee immediately, the employee shall not lose
compensation prior to the date when discipline may commence. Loss of compensation in
all cases may occur after the fifteenth (15th) working day following the date written notice
was served.
Contents of the written notice shall include at least the following:
a. A statement identifying the District.
b. A statement in ordinary and concise language of the specific acts and omissions
upon which the proposed disciplinary action is based.
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c. The specific disciplinary action proposed and effective dates(s).
d. The cause(s) or reason(s) for the specific disciplinary action proposed.
e. A copy of the applicable regulation(s) where it is claimed a violation of
regulation(s) took place.
f. A statement that the employee has the right to respond to the matters raised in
the written notice both orally and in writing, including the submission of affidavits,
prior to the end of the ten (10) working days following the date the written notice
was served.
g. A statement that the employee, upon request, is entitled to appear personally
before the Superintendent or designee regarding the matters raised in the written
notice prior to the end of the ten (10) working days following the date the written
notice was served. At such meeting, the employee shall be granted a
reasonable opportunity to make any representations the employee believes are
relevant to the case.
h. A statement that the employee, upon written request, is entitled to a full
evidentiary hearing before the Board of Education or a hearing officer before any
disciplinary action is final. The statement shall indicate that the evidentiary
hearing may take place either after the appeal to the Superintendent or in place
of such appeal. The statement shall indicate that the proposed disciplinary action
may commence after ten (10) working days following the date the written notice
was served. The statement also shall indicate that no full evidentiary hearing
shall be held unless notice is delivered to the Superintendent within ten (10)
working days after the date the written notice of proposed disciplinary action was
served, or within five (5) working days if after the decision of the appeal to the
Superintendent, if applicable.
5. Evidentiary Hearing.
The classified employee shall receive an evidentiary hearing on the proposed disciplinary
action only if a written demand for such a hearing is delivered to the Superintendent or
designee within ten (10) working days after the date the written notice of proposed
disciplinary action, or within five (5) working days if after the decision of the appeal to the
Superintendent, if applicable. In the absence of a timely demand for a hearing, the
Superintendent or his designee may act upon the proposed disciplinary action after the
time period for hearing demand has expired.
a. The hearing normally will be held before the Board, or a hearing officer
designated by the Board, within forty-five (45) days of the hearing demand. The
classified employee shall have a right to appear in person, with counsel or such
other lawful representative as determined by the classified employee. The
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District will have the burden of proof and shall first present evidence. Normal
procedures shall be followed; i.e., charging party presentation, defense cross-
examination, defense presentation, charging party cross-examination and
rebuttal evidence from each party.
b. The Board or hearing officer's determination of the sufficiency of the cause for
disciplinary action shall be conclusive in all cases.
c. The Board shall determine whether to conduct the hearing itself or whether to
appoint a hearing officer who shall conduct a hearing and prepare proposed
findings of fact and conclusions and present a recommended decision.
d. The Board or the hearing officer shall set the matter for hearing and shall give the
employee at least ten (10) working days notice in writing of the date, time, and
place of the hearing.
e. The hearing shall be in closed session unless a public hearing is requested by
the employee in writing no less than five (5) working days before the hearing.
f. The employee shall have the right to personally appear and testify under oath
and to call or through his/her representative call witnesses to so testify, examine,
and/or cross-examine all witnesses appearing. Witnesses shall be called
individually and excused after testifying if so requested by the employer or the
employee.
g. A stenographic or tape-recorded record of all hearings shall be made. The
District shall bear the cost of having the hearing recorded, unless CSEA
demands a stenographic record, in which case the cost will be shared equally.
Such demand must be presented in writing at least five (5) working days prior to
the hearing. Transcripts of the hearing shall be furnished to either party on
payment of the cost of preparing such transcripts.
h. All costs of a hearing officer shall be borne by the District. All other expenses
shall be borne by the party incurring them.
i. The Board shall render a decision as soon as possible after the hearing is
completed and adopt a written decision within thirty (30) days of rendering the
decision.
j. A copy of the written decision by the Board shall be sent to the employee and
his/her representative no later than five (5) working days after it is adopted. The
decision shall include findings of fact and determination of issues by the Board.
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ARTICLE 7
GRIEVANCE PROCEDURE
A. General Provisions
The purpose of this grievance procedure is to secure solutions to grievances at the lowest
possible administrative level. CSEA and the District agree that these proceedings will be kept
confidential and that a grievant and immediate management supervisor should attempt to resolve
a grievance at the informal level. It is the intent of the parties that the grievance procedure be
employed only after other means of solving problems have been unproductive.
B. Definitions
1. A "grievance" shall mean an alleged violation, misapplication, or misinterpretation of a
specific provision of this Agreement which adversely affects one (1) or more bargaining
unit members. The grievance procedure shall not be used to challenge or change
policies, regulations, or procedures of the District which are not included in this
Agreement nor shall the grievance procedure be used for other matters for which specific
methods of review are provided by law or District policies, rules or regulations.
2. A "grievant" shall mean an employee, a group of employees in the bargaining unit or
CSEA itself filing a grievance. A "group grievance" may be filed on behalf of two (2) or
more specifically named bargaining unit members when there are mutually agreed upon
common questions of fact pertaining to the grievance of each unit member. The
requirements of timeliness set forth herein must be met by each employee named in a
group grievance.
3. A "conferee" shall mean a CSEA representative selected by the grievant to assist the
employee in presenting and processing the claimant's grievance. A "conferee" shall also
mean a representative selected by the supervisor with whom a grievance is filed to assist
the supervisor in presenting and processing the claimant's grievance.
4. A "working day" shall mean any day in which the central administrative office of Santee
School District is open for business, which is also a regular working day for the grievant.
5. "Immediate Supervisor" shall be the first (1st) level management supervisor having
immediate jurisdiction over the grievant and who has been designated to adjust
grievances.
6. A "District grievance form" shall mean a District-provided form.
7. The CSEA shall have five (5) members of the CSEA Grievance Committee designated to
process grievances. CSEA shall provide the Assistant Superintendent of Human
Resources with the names of Grievance Committee members. CSEA Grievance
Committee members shall be granted reasonable release time during regularly
scheduled work hours without loss of compensation for the processing of grievances.
Release time shall not interfere with the smooth and efficient operation of the District.
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The Grievance Committee member must receive prior approval from the Assistant
Superintendent of Human Resources before being granted release time. A notification
period of not less than twenty-four (24) hours shall be observed.
8. The District shall not agree to the adjustment or resolution of the grievance at Level I until
CSEA has received a copy of the proposed resolution and has been given the
opportunity to file a written response with the Assistant Superintendent of Human
Resources. Such response must be filed within five (5) working days of receipt of the
proposed resolution.
C. Informal Level
Before filing a formal, written grievance, the grievant shall attempt to resolve it by an informal
conference with the immediate management supervisor. A "conference" under this article shall
mean a meeting between the grievant and the immediate management supervisor (and a CSEA
representative if so desired), with the clear understanding of the reason(s) for the meeting. At the
conclusion of this meeting, it is desired that the grievant shall inform the supervisor on whether a
formal grievance may be filed or if a satisfactory solution has been reached.
D. Formal Grievance Procedure
1. Level I
If a satisfactory resolution of the problem is not reached through the informal discussion
process, the bargaining unit member shall have the right to file a formal grievance in
writing on the appropriate form with the immediate management supervisor. The formal,
written grievance must be filed within twenty (20) working days from the date the unit
member learned of, or reasonably should have known of, the alleged violation,
misapplication or misinterpretation of a specific provision of this Agreement which
adversely affects the unit member.
a. The formal, written grievance shall be a clear, concise statement of the
grievance, the circumstances involved, the decision rendered at the informal
level and the specific remedy sought.
b. Within ten (10) working days after receiving the formal, written grievance, the
immediate management supervisor shall render a written decision to the
grievant.
c. Within the above time limits either party may request a personal conference with
the other party.
2. Level II
In the event the grievance is not resolved at Level I, the grievant may appeal the decision
on the appropriate form to the Assistant Superintendent of Human Resources or
designee within ten (10) working days of receiving the decision rendered at Level I. If the
immediate management supervisor at Level I is the Assistant Superintendent of Human
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Resources, the District and CSEA may mutually agree to skip Level II and proceed to
Level III.
a. The written appeal shall include a copy of the original grievance, the decision
rendered, and a clear, concise statement of the reasons for the appeal.
b. Within ten (10) working days of receiving the written appeal, the Assistant
Superintendent of Human Resources or designee will schedule a hearing to
discuss the grievance.
c. Within five (5) working days of the hearing, the Assistant Superintendent of
Human Resources or designee shall render a written decision to the grievant.
3. Level III
a. If not satisfied with the decision at Level II, or the District and CSEA mutually
agreed to skip to Level II, the grievant may appeal the decision to the
Superintendent or designee within ten (10) working days after receiving it and
may request a hearing.
b. The hearing shall be held within ten (10) working days at which time the grievant
may bring in a conferee of his/her choice. The Superintendent may bring in a
conferee of his/her choice.
c. Following the hearing, the Superintendent shall render a written decision within
ten (10) working days and transmit it promptly to all parties concerned. Reasons
for the decision shall be included in the transmittal.
d. A grievance will not go past level III without consent and representation of CSEA.
4. Level IV
a. The grievant may appeal the decision from the Superintendent, in writing, within
five (5) working days of receiving the Superintendent's decision. The appeal
shall be furnished to the Superintendent.
1) By mutual agreement between both parties, the grievant may waive the
right to arbitration and have the appeal heard by the Board of Education
for resolution of the grievance. If this occurs, then the Superintendent
shall, within thirty (30) working days after receiving the written appeal,
establish a closed hearing with the Board of Education. The grievant,
and/or his/her representative, and the Superintendent, and/or his/her
designee, may present information pertinent to the grievance at the
closed hearing. Following the closed hearing, the Board of Education
shall render a written decision within thirty (30) working days and
transmit it to all parties concerned. Reasons for the decision shall be
included in the transmittal. The decision of the Board of Education shall
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be binding to the extent that all rights of the aggrieved to further legal
action are respected.
b. Within five (5) working days of receiving the request for arbitration, the
Superintendent (or designee) and a representative from the CSEA shall meet to
select a mutually acceptable arbitrator from either a list from the California State
Conciliation Service, a list developed by the Public Employment Relations Board
(PERB), or a list developed by the parties involved, eliminating names until one
(1) remains. The remaining name shall be the arbitrator. Neither party shall
refuse to participate in the selection process. The process of striking names
shall occur within (10) working days of receipt of the list. All grievances reaching
the arbitration level shall be consecutively numbered during the current school
year. The odd-numbered grievances will give the CSEA first elimination and
even-numbered grievances will give the District first elimination.
c. Once the arbitrator has been selected, hearing(s) shall commence at the
convenience of the arbitrator. The arbitrator shall conduct the hearing(s) in
accordance with the voluntary arbitrator rules of the American Arbitration
Association and the provisions of this procedure. The jurisdiction of the arbitrator
shall be confined to determination of the facts and the interpretation of the
provisions of this Agreement. It shall be the function of the arbitrator to make an
award, if necessary, which will resolve the grievance. The arbitrator shall be
subject to the following limitations:
1) The arbitrator shall have no power to add to, alter, subtract from,
disregard, change, or modify the terms of this Agreement, District policy,
rules, regulations, Agreement as complained by the grievant.
2) The arbitrator shall have no power to establish or change any salary
schedule structure.
3) The award of the arbitrator shall be based solely upon the evidence and
arguments presented to him/her in the presence of the parties, and upon
post-hearing briefs of the parties.
4) The arbitrator shall have no power to change any practice, policy or rule
of the District nor to substitute his/her judgment for that of the District as
to the reasonableness of any such practice, policy, rule, or any action by
the District; nor to adjust, modify or amend salary schedules or
classification structures unless such practice, rule or any action is a
violation of this Agreement as complained by the grievant.
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5) The arbitrator shall not consider any issue raised by the grievant unless it
was made known to the District in an earlier level of the Grievance
Procedure.
6) The arbitrator shall have no power to recommend or resolve any of the
following:
a) The termination of services or any other disciplinary action or
failure to reemploy any member of the Unit, except
reemployment pursuant to Article 11 of this Agreement and the
procedural guidelines found in Article 6.
b) Any matter involving evaluation, except where procedure has
been violated.
c) Any claim or complaint for which there is another remedial
procedure or course established by statute or by regulation
having the force of law.
d) Nothing herein shall be construed to prevent or limit deferral to
arbitration by the Public Employment Relations Board pursuant
to Government Code 3541.5 (a) (2).
d. Witnesses will be assured that testimony shall be kept confidential.
e. The arbitrator is empowered to include in any award such financial
reimbursements or other remedies as judged to be proper.
f. Each party shall bear the full costs for its representation in the arbitration. The
costs of the arbitrator shall be borne equally by CSEA and the District. All other
expenses shall be borne by the party incurring them, and neither party shall be
responsible for the expense of witnesses called by the other.
g. If the District claims that a grievance should be dismissed because, for example,
it falls outside the scope of the procedure, or was filed or processed in an
untimely manner, such a claim shall be raised at Level II and be communicated
in writing to the CSEA, setting forth the specifics of the District's claims. The
District shall, as part of this notification, indicate its intent to have such a claim be
heard and ruled upon prior to the receipt of evidence on the merits.
h. Both parties agree that, subject to the provisions of the Code of Civil Procedures
of the State of California, the arbitration award resulting from this procedure shall
be final and binding on all parties. Within thirty (30) working days after
conclusion of the hearing(s), the arbitrator shall render a binding decision, in
writing, to the parties involved.
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ARTICLE 8
PROCEDURE FOR EVALUATION
The District shall establish and maintain a continuing program of classified employee performance
evaluation. The program shall include provisions for preparation of written evaluations and a means of
making the results of such evaluations known to the employee.
A. Probationary Employees
Probationary employees will be evaluated twice during their first (1st) year of employment, once
during the first six months of employment and again prior to the conclusion of one year of
employment. The second evaluation shall include a recommendation of suitability for permanent
status. The probationary status is a 12-month period.
Probationary employees may be released without cause.
Probationary employees may be released without any evaluation.
B. Permanent Employees
Permanent employees will be evaluated prior to May 30 biannually. This shall not limit the
supervisor from evaluating any classified employee more than once every two years as the
supervisor deems appropriate. Any employee in a new work assignment will be evaluated at
least once during the first year of that assignment. Any classified employee who receives an
"unsatisfactory" in any area will be reevaluated within three (3) months following the date of the
evaluation conference. Additionally, the evaluator delivering an "unsatisfactory" evaluation shall
provide suggestions and an offer of assistance by the administrator for improvement pertinent to
the evaluated performance of the classified employee. An unsatisfactory area shall be followed
within five (5) working days by a written assistance plan. The plan shall include specific
recommendations for improvement and performance for assisting the employee in implementing
any recommendations made.
C. All Employees
Special evaluations may be made of either permanent or probationary employees at other than
specified times at the discretion of the supervisor.
The evaluator shall be the employee's immediate management supervisor or designee. The
evaluator may solicit input from other employees who may be responsible for some of the
direction of the employee's work.
If additional supervisors or administrators are involved in evaluating an employee, these
evaluations shall also be prepared and signed before being submitted to the responsible
evaluator. The original will also be included in the employee's personnel file.
A mutually agreed upon evaluation form will be used by the persons designated to evaluate
employees.
Each employee shall be given a copy of the formal evaluation document and written notice of the
evaluation conference at least one working day prior to the conference. The employee is
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required to sign the evaluation form, indicating it has been discussed and reviewed. This does
not necessarily indicate he/she agrees with the contents therein. The employee shall have the
right to attach a statement of rebuttal. This performance record shall become a part of the
personnel file for each employee.
The evaluation will be reviewed with the classified employee, and the evaluator will make
suggestions for improvement if appropriate. The classified employee must indicate on the
"performance evaluation for classified employees" form that he/she has read the evaluation,
agrees with the evaluation, or disagrees with the evaluation and wishes to attach a signed written
statement to be submitted to the evaluator within ten (10) working days indicating the areas of
agreement and the reasons for disagreement. No reprisals will be taken against the employee
for submitting such written statement.
If any employee has just reason to question any phase or aspect of his/her performance
evaluation, he/she may request a review of the evaluation by the next level of administration.
No evaluation of a classified employee shall be placed in the personnel file without an opportunity
for discussion between the classified employee and the evaluator. Evaluation shall be based
upon reliable evidence. The supervisor must validate the accuracy of alleged facts prior to
including them in the evaluation.
Recognition for outstanding performance should be noted and references placed in the
employee's personnel file.
The judgment of the evaluator is not subject to the grievance procedure; however, the above
procedure is grievable.
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ARTICLE 9
SAFETY
A. Safety Committee
Safety of the employees is of utmost importance. To address this issue, a District-wide Safety
Committee has been established. CSEA shall be entitled to appoint two (2) representatives to
serve on the District-wide Safety Committee. The two (2) representatives shall be from different
departments, sites, and job classifications. The two (2) representatives from CSEA will be
provided with release time to participate in the meetings.
B. Report of Accident
In the event of accident, the employee must complete and file the appropriate accident form with
the immediate supervisor. All accidents, whether minor or serious, are to be reported. Any
questions regarding the completion of the form should be referred to the employee's immediate
supervisor. The form must be completed and submitted to the employee's immediate supervisor
by the end of the next working day. If additional time is needed to comply with this procedure, the
employee should notify the immediate supervisor.
C. Unsafe Working Conditions
All classified employees are responsible for reporting unsafe equipment or working conditions
within twenty-four (24) hours. The Santee School District Safety Report Form is to be filled out
and sent to the chairperson of the District-wide Safety Committee. The immediate supervisor
should be informed of any hazards which could be of an immediate danger. Employees who
submit safety reports shall not be subject to reprisals.
D. Use of Own Physician
An employee wishing to use his or her own physician for a job related illness or injury must notify
the Human Resource Department prior to the illness or injury. The Human Resources
Department must have on file the name, address, and telephone number of the employee's
physician. Should an accident or injury occur before the employee has notified the Human
Resource Department of the physician's name, the employee may after thirty (30) days from the
date the injury is reported, go to his or her own physician within a reasonable geographic area.
E. Extreme Conditions
When extreme weather, air quality, or emergency conditions are announced by County Officials
or Oversight Agencies (“Agency”) supervisors shall make every attempt to comply with Agency
recommendations and guidelines to ensure the safety and well-being of employees.
F. Uniforms
1. Mechanics are required to wear district provided uniforms.
2. Pursuant to a Side Letter of Agreement signed September 8, 2000, the following terms
shall apply for clothing allotment for Child Nutrition employees:
a. Upon employment, all new regular employees will be issued five (5) shirts.
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b. At the beginning of each successive school year, two (2) shirts will be supplied to
returning regular employees.
c. Employees will be responsible for laundering and proper upkeep of the shirts
d. Employees are expected to wear the shirts during work hours.
e. The District will replace shirts that are damaged during the normal course of work
or are no longer serviceable.
f. Employees may purchase extra shirts at the current cost.
g. Five (5) aprons will be supplied to all Food Service Worker III’s and Breakfast
Food Service Worker I’s to be worn while working at the school sites.
h. Employees are responsible for laundering and proper upkeep of the aprons.
i. The District will replace aprons that are damaged during the normal course of
work or are no longer serviceable.
j. Employees may purchase additional aprons at the current cost.
k. Nutrition Center staff will be supplied white cotton aprons, one or more per day.
3. Pursuant to a Side Letter of Agreement signed April 18, 2013, the following terms shall
apply for uniforms for Maintenance & Operations employees:
a. The District will provide shirts for daily use with laundry service ("M&O
Uniforms"), for Groundsworkers and Craftsworkers ("M&O Personnel"). Use of
M&O Uniforms and District provided laundry service is strictly voluntary.
b. The District will replace M&O Uniforms that are damaged during the normal
course of work or are no longer serviceable due to normal wear and tear.
c. The District will also provide one (1) coverall for Groundsworkers to use on a
voluntary basis. Employees will be responsible for laundering their own coverall.
d. The District shall have the sole discretion for determining the vendor used and
the type of uniform provided. The input of M&O employees will be considered for
determining the type of uniform.
e. In the event the District at any time decides to discontinue laundering and/or
providing uniforms, the impacts and effects of such a decision shall be subject to
negotiation prior to implementation.
f. In the event an employee terminates work for any reason, they shall return to
their supervisor all items issued to them within one (1) week following separation.
If they are not returned within this time frame, the full cost of the items shall be
deducted from his/her final pay warrant.
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ARTICLE 10HOURS
A. Workweek/Workday
1. The normal workweek of a full-time unit member shall consist of an eight (8) hour
workday exclusive of the meal period and a forty (40) hour workweek. The workweek
shall normally consist of five (5) consecutive workdays, Monday through Friday. This
article shall not restrict management from extending the regular workday or week on an
overtime basis when necessary to carry on the business of the District.
2. With the exception of employees who bid for daily assigned time under the provisions of
Section O of this Article, the beginning and ending time of an employee's daily
assignment (“Work Schedule”) shall be determined by the District upon initial
employment, and may be permanently altered by the District after initial employment
based on student, program, or operational need subject to the following restrictions:
a. The affected employee(s) and CSEA shall be provided written notice of such
alteration at least ten (10) working days prior to the effective date of the change.
The supervisor shall discuss the need for the proposed change and any
problems with the change with the affected employee(s). If mutually agreed to by
the employee and the supervisor, the prior notification period may be shortened
or waived.
b. An individual employee’s Work Schedule shall not be permanently altered more
than one (1) time within a school year unless mutually agreed upon.
B. Alternate Workweek
The District, with consent of the bargaining unit member, may elect to reschedule the workweek,
i.e., five (5) consecutive days, Wednesday through Sunday, or ten (10) hours for four (4) days,
etc. The hours or days to be worked shall be scheduled by the supervisor after consulting with
staff in an attempt to resolve individual scheduling problems. Nothing herein shall prevent the
supervisor and the employee from revising the elected options provided that the revision is
mutually acceptable to both the employee and the supervisor. All hours worked beyond the forty
(40) hour workweek shall be compensated at the overtime rate.
C. Overtime
The District will provide compensation at a rate equal to one and one-half (1-1/2) times the
regular rate of pay for unit members designated by the District and authorized to perform such
overtime. Overtime is any time required to be worked in excess of forty (40) hours in any
calendar week. This provision does not apply to unit members whose regular workweek is less
than forty (40) hours. For the purpose of computing the number of hours worked, time during
which the unit member is excused from work because of holidays, sick leave, vacation,
compensated time off, or other paid leaves of absence shall be considered as time worked by the
unit member.
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D. Average Workweek
1. Notwithstanding Article 10, "Hours," A. "Workweek/Workday," page 23; and C.
"Overtime," page 23, the workweek for any unit member having an average workweek of
fifteen (15) hours or more shall consist of no more than five (5) consecutive working days.
Such an employee shall be compensated for any work required to be performed on the
sixth (6th) and seventh (7th) day following the commencement of the workweek at a rate
equal to one and one-half (1-1/2) times the regular rate of pay of the employee
designated by the District and authorized to perform work.
2. All hours worked in excess of eight (8) hours on the sixth (6th) and seventh (7th)
consecutive day shall be compensated at two and one-half (2-1/2) times the regular rate
of pay. All hours worked on holidays designated by this Agreement shall be
compensated at two and one-half (2-1/2) times the regular rate of pay.
E. Meal Period
All unit members who work a minimum of six (6) consecutive hours per day shall be entitled to a
duty free meal period of thirty (30) minutes per day as scheduled by their immediate supervisor.
The meal period shall be scheduled for full-time employees at or about the midpoint of each work
shift.
F. Work Year
Upon recommendation of the Superintendent, the Board shall designate the work year for each
classified position.
G. Rest Periods
All bargaining unit members will be granted rest periods based on the following schedule:
1. If the employee works at least eight (8) hours, he/she shall receive two (2) fifteen (15)
minute rest periods.
2. If the employee works at least six (6) hours but less than eight (8), he/she shall receive
two (2) ten (10) minute rest periods.
3. If the employee works at least four (4) hours but less than six (6), he/she shall receive
one (1) fifteen (15) minute rest period.
4. If the employee works at least three (3) hours but less than four (4), he/she shall receive
one (1) ten (10) minute rest period.
Rest periods are a part of the regular workday and shall be compensated at the regular rate of
pay for the employee. Rest periods shall not be considered as cumulative and may not be
"saved" to shorten the workday. The employee's immediate supervisor will schedule rest periods.
If the employee wishes to deviate from the scheduled rest period, he/she must request approval
from his/her immediate supervisor. If the immediate supervisor wishes a deviation from the
scheduled rest period, he/she shall notify the employee and schedule the rest period for some
other time during that day's work shift.
H. Standby Time
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Bus drivers on special trips including, but not limited to, athletic events, field trips, and curricular
trips, who are required to remain on standby for the duration of the event for which the special trip
is made, shall be paid for all standby hours at their regular rate of pay.
I. Call Back Time
An employee will be deemed to have worked and will be compensated for a minimum of one and
one-half (1-1/2) hours for any call back prior to 10:00 p.m. An employee called back after 10:00
p.m. will be deemed to have worked and compensated for a minimum of two and one-half (2-1/2)
hours. Call back time is defined as work performed as a result of an unplanned occurrence that
causes a unit member to be called to work without prior notice or scheduling. Work performed
that is assigned in advance, above and beyond a unit member’s regular work shift/hours, is not
call back time.
J. Compensatory Time Off
Compensatory time off may be granted by the District for extra time and overtime worked in lieu
of being paid for such time. If granted, it shall be taken at the time mutually acceptable to the unit
member and their immediate supervisor, and shall be used within twelve (12) months of accrual.
Compensatory time off records shall be maintained in the appropriate school or department office
and when the time is accrued or used, shall bear the date and the initials of the supervisor and
the unit member.
K. Reduction Adjustment in Assigned Time
Any reduction/adjustment in assigned time shall be accomplished in accordance with the
applicable provisions of the Education Code.
L. Leaving Assigned Job Sites
1. If a unit member who is normally assigned a District vehicle chooses to leave an
assigned job site for lunch, the District vehicle may be used provided that the unit
member is en route between scheduled District sites. All time starts and ends at the job
site.
2. When feasible, an immediate supervisor may provide flexible schedules and if necessary
up to 45 minutes of travel time to and from work sites to allow night custodial staff to
attend monthly unit chapter meetings and School Board meetings. It is understood that
the employee must utilize their lunch period (30 minutes) and/or break times (15 minutes
each for a total of 30 minutes) for a total of one (1) hour and 45 minutes away from their
site.
M. Summer Assignments
Job classifications created for summer session/extended year shall first be offered to bargaining
unit members who serve in those positions during the regular school year. Selection shall be
determined by random drawing in the following order: 1) Employees currently in the classification
who did not work the previous summer session/extended year will be drawn first; 2) Employees
currently in the classification who did work the previous summer session/extended year will be
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drawn second; 3) Employees not currently in the classification will be drawn third. Summer
session/Extended year employment is contingent on adequate enrollment. An employee may be
released from employment whenever the District determines enrollment or funding is insufficient.
Employees shall only apply for Summer Assignments if they can be reasonably certain at the time
of applying that they will be able to work the assignment for its entire duration. Bus drivers may
apply for Summer Assignments in accordance with Section O of this Article. Applicants must
meet the minimum qualifications for the position for which they are applying.
N. Out-of-School Time Programs
Additional hours may be offered to Out-of-School Time Programs employees in addition to their
regular contract hours for the purpose of working extended school year programs only. The
additional hours may not be used to qualify for additional benefits or permanent work hours as a
CSEA unit member. Each school site will use a site seniority list to determine the order in which
hours are offered to employees.
O. Transportation Department Procedures
1. Assignment of Bus Routes
a. Twice annually, once before the beginning of each school year and once before
the beginning of the summer session, drivers and attendants will bid for routes
according to seniority. For purposes of bidding, Bus Driver seniority shall be on
the basis of the original hire date as a regular employee into the Bus Driver
classification. For purposes of bidding, Bus Attendant seniority shall be on the
basis of the original hire date as a regular employee into the Bus Attendant
classification. Bus Attendants will be eligible to bid on routes determined by the
District to require a Bus Attendant.
b. Proposed routes will be posted and available for drivers to review 48 hours prior
to the bidding process, unless an emergency situation precludes such posting.
Drivers will be notified in advance regarding the place, date, and time the bid
process will be conducted. It is the responsibility of each driver to attend the bid
process at the scheduled time. If that is not possible, the driver should indicate
route preferences in priority order to the Director authorizing him/her to bid by
proxy. If a driver fails to attend the bid process at his/her appointed time and
does not contact the Director with route preferences, the Director will assign the
employee a route, based on seniority, to expedite the bidding process.
c. The bidding process will begin at the designated place, date and time with the
most senior driver and continue until all drivers have bid for a route. Each driver
will be allowed 15 minutes from the time the driver is scheduled to start his/her
bid, to review the routes available and make a selection. In the event an
emergency situation precludes the posting of routes 48 hours prior to the
beginning of the bidding process, each driver will be allowed additional time, not
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to exceed one (1) hour, to review the routes available and make a selection.
d. Drivers will bid on a specific route, with specified hours and shift times identified
for each day of the week. On minimum or modified days a driver shall be offered
their regular number of work hours. When a driver is assigned a different or
additional run-on a minimum or modified day the driver will have the option of: 1)
if no driving duties are assigned, staying in the Transportation Department to
perform other duties that are assigned by the Director or designee; or 2) leaving
the site at the completion of the regular number of route hours, so long as the
routes are covered so that students are or will be transported for the day.
e. All drivers have a choice of regular education or special education routes but
must be documented as proficient in the skills and type of bus determined for the
route prior to bidding a route.
f. During route selection, a driver will also select a bus of his/her choice among
those that meet the District-determined requirements of passenger needs, type of
bus and vehicle economy.
g. Summer Assignment Routes shall be offered to drivers using the bidding
process. Drivers shall only participate in the bidding process for Summer
Assignment Routes if they can be reasonably certain at the time of bidding that
they will be able to work the route for its entire duration, unless the supervisor
approves the splitting of a Summer Assignment Route among multiple drivers.
2. Modification of Routes after Initial Bidding
a. After initial bidding and the start of the regular school year, route times may
change before becoming stabilized. In the event a route increases fifteen (15)
minutes or more, cumulatively, for more than 19 consecutive school attendance
days, the route will be re-bid consistent with Article 10, Section O, 1; except that,
the adjusted route times shall be posted on the 16 th and 17th consecutive days,
and bidding shall take place on the 18th and 19th consecutive days.
b. A list of each driver’s regular assigned hours and extra time worked will be
posted monthly in the office and driver’s lounge. Hours refused by the driver will
also be noted.
3. Trip Assignments
a. Only employees with routes of less than 7 hours are eligible to sign up for field
trip or Therapy assignment lists. Evening, Holiday, Weekend, and All Day trips
are available to all employees regardless of route time.
b. In order to be eligible for any trip assignment, the driver must be documented as
proficient in the skills and type of bus determined for the trip prior to being
assigned the trip.
c. Field Trips
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1) Field trips originating outside of a driver’s scheduled route time are
posted and drivers must sign up to be considered for the trips.
Assignment is given first by seniority. Once all listed employees have
received an assignment, subsequent assignments are made on a
rotation basis based on the amount of time of the trips previously
assigned, and the length of the trip being assigned. This distribution
process is intended to assign relatively equal amounts of time to eligible
drivers throughout the school year. If a driver refuses a trip when it is
offered, or accepts a trip and does not complete it due to absence, the
driver’s place in the rotation is considered passed, and the driver is
“charged” with a trip refusal or trip incomplete to ensure that all drivers
have the opportunity to complete field trip assignments. If a field trip is
offered to a driver with less than 48 hours’ notice the driver may refuse
the trip and will not be considered charged and will retain their place in
the rotation.
2) When an employee signs up to be considered for field trips other than at
the beginning of the school year or summer session, the employee will
be assigned a number of hours equal to the average trip assignment
hours worked by employees who are already on the list.
3) All field trips, except “All Day’ will be offered to eligible Santee District
employees before being contracted to private transportation carriers,
unless a non-District bus type is required or requested, or District buses
and/or drivers are unavailable. An employee is considered eligible If the
trip does not conflict with that driver’s assigned route.
4) Field trip selections/assignments will be made as far in advance as
possible so drivers can plan their days.
5) The Director of Transportation has the discretion to assign unscheduled
field trips to an eligible driver, provided that it does not impact that
driver’s regularly assigned route.
d. Holiday/Weekend Trips: Holiday and weekend trips are assigned in the same
way as field trips, described in Article 10 (O)(3)(c), above.
e. Evening Trips: All trips, which begin or end after 5:00 p.m., are designated as
evening runs. Drivers accepting evening trips must consider permitted allowable
daily driving hours as established by law.
f. Therapy Trips: Therapy trips are assigned in the same way as field trips,
described in Article 10 (O)(3)(c), above.
g. All Day Field Trips
1) All Day trips are any trip that would require coverage of a Driver’s scheduled
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route. When substitute drivers are available, “All Day” trips will be first
offered to Santee School District Drivers before being contracted to
outside transportation carriers, unless a non-District bus type is required
or requested, or District buses and/or drivers are unavailable.
2) All day and out of county field trips lasting seven (7) hours or more will make
duty drivers and attendants eligible for the meal allowance as provided in
Board Policy 4033.
h. Field Trip and Therapy Trip Cancellations
Drivers who are assigned a field trip or therapy trip that is cancelled after the
driver has reported specifically for that field trip or therapy trip is entitled to
perform one (1) hour of extra work as assigned by the Director. This section shall
not apply to instances when the Director or designee informs the driver of the
cancellation prior to the driver reporting specifically for that field trip or therapy
trip.
4. Training
a. When required by the District, drivers will be paid their normal hourly rate while
attending in-service trainings, classroom instruction, and/or proficiency testing.
b. Employees attending approved or required training are eligible for travel expense
reimbursement as provided in Board Policy 4033.
5. Health and Welfare Benefits
Bus Driver eligibility for employer paid health and welfare benefits shall be determined as
follows:
a. The average of regularly assigned routes combined with the additional field trip
and other assignments during the regular school day and year. Those
assignments that will not he included are beyond the regular day and year, for
example: substitute assignments, weekends, evening trips and summer session.
b. Hours will be averaged annually in July and applied in September.
c. Benefits will then be applied to the drivers for the period of September 1 to
August 31.
d. New hires will qualify for benefits based upon their regularly assigned routes and
average hours will be calculated for the succeeding year based upon the average
weekly hours as calculated above.
P. Secretary II (School) and Student Attendance Clerk Work Year
The official work year of all Secretaries II (School) and Student Attendance Clerks (SIIS/SAC) will
be 203 work days. Prior to the beginning of the work year, each SIIS/SAC shall complete an
annual work calendar in conjunction with their supervisor to officially designate those days during
the school year when the 203 work days will occur. The beginning and ending dates of the work
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year for all SIIS/SAC will be plotted annually on the classified employee calendar that is approved
by the Board of Education.
Normally, SIIS/SAC will not be expected to work on those weekdays that occur during the winter
and spring breaks. However, this does not prevent an individual SIIS/SAC from agreeing with
their supervisor to select some of their 203 work days to occur on those days during the breaks.
The total hourly rate x hours per day x 217 days (203 work days + 14 paid holidays) for each
SIIS/SAC shall be calculated by multiplying the position’s hourly pay rate on the classified salary
schedule, as appropriate to the individual’s experience step, by the hours of compensation for the
full amount for the 217 days. The annual salary will be paid in eleven equal payments August
through June. Salary warrants will be distributed in accordance with current payroll regulations,
and SIIS/SAC will be expected to validate days worked and days on leave on the monthly payroll
attendance sheet.
Some SIIS/SAC may, at times, work more than 203 days if so arranged with their supervisor and
depending on the availability of additional special funds that may be within that school site’s
discretionary authority.
A SIIS/SAC may still take vacation time during the school year on some of their 203 work days.
Vacation not utilized during the work year will be paid off at the end of the year. A SIIS/SAC may
still take Comp Time in exchange for additional time worked as planned and approved by their
supervisor.
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ARTICLE 11LAYOFF, REEMPLOYMENT, INVOLUNTARY REDUCTION IN HOURS, AND THE
IMPACTS AND EFFECTS OF SUCH MATTERS
A. Reasons for Layoff
Bargaining Unit employees shall be subject to layoff for lack of work and/or lack of funds. Any
involuntary reduction in hours shall be considered a layoff and comply with the following
procedures.
B. Procedure for Overstaffed Schools or Departments
When the District has determined that a school or department is overstaffed (“Overstaffed Site”)
and has an excess position or positions (“Excess Positions”), the following procedures shall
apply:
1. If a vacancy or vacancies exist at other sites in the same classification and with the same
number of hours as the Excess Positions:
a. The District shall determine the number of employees at the Overstaffed Site in
positions with the same classification and number of hours as the Excess
Positions (“Transfer Candidate[s]”).
b. If there are more than one (1) Transfer Candidates, the District shall first ask
Transfer Candidates to volunteer to accept a transfer to another site. Transfer
Candidates shall be given three (3) working days to respond to the volunteer
request. If there is more than one (1) volunteer, the volunteer with the most
seniority shall be selected for transfer.
c. If there are no volunteers after three (3) working days or the number of Transfer
Candidates is one (1), a District Initiated Transfer shall be invoked and the
following order of selection shall be used:
i. The Transfer Candidates with the least seniority unless there is a
compelling reason to select a different Transfer Candidate using the
following criteria:
1) Legal requirements, including credentials and authorizations
2) Level and degree of training and experience, including
identifiable instructional/curricular skills and strengths
3) Identifiable student, program, or operational need of the
school(s) involved
2. If a vacancy or vacancies does/do not exist at other sites in the same classification and
with the same number of hours as the Excess Positions, the District shall initiate layoff
procedures.
C. Notice of Layoff
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Bargaining Unit employees shall be given not less than sixty (60) calendar days notice of layoff or
reduction in hours under Section A. Any written notice shall indicate the reason for layoff and be
delivered by Human Resources or designee(s). Should the employee not be available for
personal service of the document within three (3) days of the Board action, certified mail service
shall be deemed service. Employees who have elected to accept a transfer under Paragraph B
above and are not being reduced in hours do not need to receive a formal written notice of layoff.
The Association shall be given notice of the names, classification, hours, work location, and
seniority dates of affected employees in accordance with the following timelines:
1. Courtesy Notification: Within one (1) working day following the bargaining unit member’s
notification of a possible layoff which shall include transfer available to the employee
pursuant to this Article. Administration shall make a good faith attempt to provide this
notification in a meeting with affected employees. Failure to have the meeting shall not
render the layoff void.
2. Formal Notification: Within one (1) working day following the bargaining unit member’s
notice of the final layoff decision of the Board.
D. Order of Layoff
1. Whenever it becomes necessary to reduce the number of hours of classified employees
because of lack of work or lack of funds, the District shall recommend the specific
positions to be discontinued or reduced in hours. Employees shall be laid off in reverse
order of seniority within the job classification of such discontinued positions. Seniority
within a classification shall be defined by length of service within that classification, plus
service in any higher classification(s). Length of service shall be based on hire date
within the classification.
2. Employees who have been laid off because of lack of work or lack of funds are eligible for
reemployment for a period of thirty-nine (39) months. During that time and when
qualifications permit, they will be reemployed, in preference to new applicants. If the
employee refuses a reemployment offer, he/she shall not be eligible for further preferred
consideration. A refusal shall not preclude an employee from future employment with the
District.
3. Recalls shall be made in the reverse order of layoffs within each job classification.
4. Notification of recall shall be made by personal contact or certified mail to the employee's
last known mailing address. The employee must indicate acceptance of the job offer
within five (5) working days after receipt of the notification, and arrange the time of return
to work. The employee must, however, be available within fifteen (15) work days of
notice.
E. Bumping Rights and Involuntary Reductions in Assigned Time
1. Bumping Within a Classification.
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When one or more positions in a classification are discontinued or reduced in hours, as
provided in Section D(1), displaced employees within the classification will be entitled to
“bump” less senior employees within the classification with the same number of assigned
hours.
2. Voluntary Reductions in Assigned Time Within a Classification.
When one or more positions in a classification are discontinued or reduced in hours, as
provided in Section D(1), a displaced employee within the classification will be entitled to
a voluntary reduction in assigned time into a position in the same classification that has
fewer hours and is held by an employee with less seniority.
3. Bumping Into a Lower Classification.
When one or more positions in a classification are discontinued or reduced in hours, as
provided in Section D(1), any employee laid off from his/her present class may, in order
to avoid layoff, bump into the next lowest class in which the employee has greatest
seniority considering his/her seniority in the lower class and any higher classes.
Employees displaced into a lower class as provided in this section shall have rights within
the lower classification as described in Sections E(1) and E(2) above.
F. Layoff in Lieu of Bumping
An employee who elects a layoff in lieu of bumping maintains his/her reemployment rights under
this Agreement.
G. Equal Seniority
If two (2) or more employees subject to layoff have equal seniority dates within a specific
classification, the determination as to who shall be laid off shall be made on the basis of the
greater overall District seniority as determined by the employee’s date of hire into the classified
service. If that be equal, then the determination shall be made by lot.
H. Voluntary Demotion or Voluntary Reduction in Hours
Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff
shall be, at the employee's option, returned to a position in their former class or to positions with
increased assigned time as vacancies become available in reverse order of layoff for a period of
63 months from the effective date of the layoff. Such employees shall be ranked in accordance
with their seniority on the reemployment list.
I. Impacts and Effects of Layoff
1. For voluntary and involuntary layoffs of Bargaining Unit employees that are effective on
or after the effective date of this Article, District fringe benefit coverage for said
employees will continue for four months following the effective date of the layoff at the
level of benefits prior to layoff. Information regarding medical conversion coverage
(COBRA), which would allow the employee to continue medical benefits with no lapse in
coverage, will be made available to the employee when the layoff notice is given. The
cost of the conversion coverage (COBRA) will be borne by the employee.
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2. For those classified employees laid off, all earned and unused vacation shall be paid no
later than the next month's pay warrant.
3. Prior to any layoff, an employee shall be entitled to use personal necessity or vacation
leave days or hours to seek other employment. Use of vacation under this section shall
not be subject to advance approval restrictions specified in Article 13, Section 7 of this
Agreement and shall only require one (1) working day advance notice.
4. The parties agree that the above provisions in this Article represent a clear and unequivocal
waiver of the right to meet and negotiate at the time of layoff and the full and complete
agreement between the parties concerning layoff, reemployment, voluntary demotion in
lieu of layoff and the impacts and effects of such matters.
J. Improper Layoff
Any employee who is improperly laid off shall be reemployed immediately upon discovery of the
error and shall be reimbursed for all loss of salary and benefits.
K. Election of Retirement Reemployment Rights
Any employee laid off for lack of work or lack of funds and who elects service retirement from the
Public Employees Retirement System shall be placed on an appropriate reemployment list. The
District shall notify the Board of Administration of the Public Employees Retirement System of the
fact that retirement was due to layoff or lack of work or funds. If the employee is offered, and
accepts in writing, an appropriate vacant position, the district shall maintain the vacancy until the
Board of Administration has properly processed the employee's request for reinstatement from
retirement.
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ARTICLE 12
HOLIDAYS
A. Paid Holidays
All unit members shall be entitled to the paid holidays that fall between the beginning and ending
dates on their annual work schedule as follows:
1. Independence Day
2. Labor Day
3. Admissions Day (A day other than September 9 may be substituted for the Admissions
Day holiday at the Board's discretion.)
4. Veterans' Day
5. Thanksgiving Day
6. Day after Thanksgiving Day
7. Christmas Eve
8. Christmas Day
9. New Year's Eve
10. New Year's Day
11. Martin Luther King, Jr. Day
12. Lincoln's Birthday
13. Washington's Birthday
14. Friday before Easter
15. Memorial Day
provided the unit members are in paid status during any portion of the working day immediately
preceding or succeeding the holiday period. Regular unit members who are not normally
assigned to duty the holidays of December 25 and January 1 shall be paid for those two (2)
holidays provided that they were in paid status during any portion of the workday of their normal
assignment immediately preceding or succeeding the holiday period. Hours worked on holidays
will be compensated for at the overtime rate in addition to holiday pay. When a holiday herein
listed falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day
observed. When a holiday herein listed falls on a Saturday, the preceding Friday shall be
deemed to be the holiday in lieu of the day observed. When a unit member is required to work on
any said holiday(s), he/she shall be paid compensation for such work in addition to regular pay
received for the holiday at the rate of time and one-half (1-1/2) his/her regular rate of pay. The
Board shall set the date of each holiday annually.
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ARTICLE 13VACATION
Unit members shall accrue annual vacation at the regular rate of pay earned at the time the
vacation is commenced according to the rules and regulations as follows:
1. General Position Statement.
All classified employees who are entitled to vacation will be granted vacation periods that
are acceptable to the employee and the successful operation of the District. Only those
periods that will not be detrimental to or disrupt the regular operation of the District
programs will be granted. The District may choose to shut down certain departments or
sites over school break periods. There are no provisions that provide for an employee to
take vacation at his/her own discretion with or without pay.
2. Classified employees are entitled to vacation with pay on the following basis:
a. Twelve (12) month employees:
1) Ten (10) working days for each year of service through the fourth (4th)
year.
2) Fifteen (15) working days for the fifth (5th) year of service and each year
following.
3) Who have been employed ten (10) years will have an additional day of
vacation added each year from the eleventh (11th) year of employment
to the fifteenth (15th) year giving the fifteen (15) year and over employee
twenty-two (22) days vacation.
b. Eleven (11) month employees:
1) Nine (9) working days for each year of service through the fourth (4th)
year.
2) Fourteen (14) working days for the fifth (5th) year of service and each
year following.
3) Who have been employed ten (10) years will have an additional day of
vacation added each year from the eleventh (11th) year of employment
to the fifteenth (15th) year giving the fifteen (15) year and over employee
twenty-one (21) days vacation.
c. Ten (10) month employees:
1) Eight (8) working days for each year of service through the fourth (4th)
year.
2) Thirteen (13) working days for the fifth (5th) year of service and each
year following.
3) Who have been employed ten (10) years will have an additional day of
vacation added each year from the eleventh (11th) year of employment
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to the fifteenth (15th) year giving the fifteen (15) year and over employee
twenty (20) days.
d. Nine (9) month employees:
1) Seven (7) working days for each year of service through the fourth (4th)
year.
2) Twelve (12) working days for the fifth (5th) year of service and each year
following.
3) Who have been employed ten (10) years will have an additional day of
vacation added each year from the eleventh (11th) year of employment
to the fifteenth (15th) year giving the fifteen (15) year and over employee
nineteen (19) days.
e. Six (6) month employees:
1) Four (4) working days for each year of service through the fourth (4th)
year.
2) Nine (9) working days for the fifth (5th) year of service and each year
following.
3) Who have been employed ten (10) years will have an additional day of
vacation added each year from the eleventh (11th) year of employment
to the fifteenth (15th) year giving the fifteen (15) year and over employee
sixteen (16) days.
3. During the first (1st) year (or portion thereof) of service, vacation may be granted only as
it has been earned by the employee through the rendering of satisfactory service. During
the first (1st) period, an employee earns no vacation for the first (1st) two (2) months of
service and earns one (1) day of vacation for each month of service thereafter. If an
employee's service begins in the middle of a calendar month, his/her vacation entitlement
will be figured to the nearest half (1/2) day.
4. If an employee's service begins during a school year and he/she earns a prorata share of
vacation for that year, for purposes of earning additional vacation during the fifth (5th)
year of service, his/her first (1st) year of service will be considered an entire year if
he/she began the performance of his/her duties on or before February 1 of that year. If,
however, he/she began his/her duties after February 1, he/she will still earn a prorata
share of vacation for that period, but the first (1st) year will not count toward the five (5)
years of service necessary for additional vacation entitlement.
5. Employees are encouraged to use vacation days when entitled to them. It is not the
intent of this contract for employees to lose vacation time. An employee may carry over
one (1) year's vacation entitlement beyond July 1 of each year. However, with special
administrative approval by the Superintendent or designee, an employee may carry over
a maximum of one and one-half (1-1/2) years' vacation entitlement beyond July 1 of each
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year. Any requests to carry over more than one (1) year's vacation entitlement must be
submitted in writing to the Business Services Department no later than May 30 of each
year. It is generally the intent of this Article to encourage employees to use vacation time
in the year it is earned.
6. Only those employees who are assigned regular duties for less than twelve (12) months
per year (“Less than 12 Month Employees”) will receive compensation for unused
vacation days on the June paycheck. Less than 12 Month Employees who wish to carry
over to the next year any unused vacation days must submit a request in writing to their
supervisor for notification to the Business Services Department on or before June 1 of
each year.
7. Vacation must be requested by an employee on a form provided for that purpose at least
ten (10) working days in advance of the desired vacation period unless special
permission is granted by the immediate supervisor, and the dates of the proposed
vacation must be approved by the immediate supervisor and the administration.
Approved vacation will not be rescinded unless District Administration determines that an
emergency exists.
8. An employee terminating for any reason shall be paid for any unused vacation earned.
9. Any requests to take vacation days before they are earned must be made in advance and
in writing to the employee's immediate supervisor. Final approval is entirely at the
discretion of the supervisor. Any employee who is granted advance vacation and
terminates before the vacation is actually earned will have his/her final paycheck docked
an amount equivalent to the value of the unearned vacation which was utilized. Article
13, "Vacation," Paragraph 9, page 37, is not subject to Article 7, "Grievance Procedure."
page 14.
10. Vacation Postponement. If a bargaining unit employee's vacation becomes due during a
period when he/she is on leave due to illness or injury, he/she may request that his/her
vacation date be changed, and the District shall grant such request in accordance with
vacation dates available at that time.
11. Upon request, a terminating employee can be issued a separate warrant for unused
vacation days as soon as administratively practicable.
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ARTICLE 14 TRANSFERS
Definition of Terms
1. Transfer: "Transfer" is defined as the permanent shift or relocation of an employee from a
school or department to a position of substantially the same level of responsibility, status,
and pay in another school or department within the District. A transfer is a lateral as
opposed to a vertical change. Unit members who apply for lateral transfers for positions in
the same classification/position will not be required to take qualifying examinations or
physical examinations. Changes in school assignment for employees that result in the
employee being split between two or more school sites or facilities shall not be considered
a transfer providing they continue to perform duties specified by the job description for the
position.
2. Employee-Initiated Transfer: An "employee-initiated transfer" is a transfer which is initiated
through a request submitted by a unit member.
3. District-Initiated Transfer: A "district-initiated transfer" is defined as a change of school or
department initiated by District administration.
4. Vacancy: "Vacancy" is defined as a position at a school or department which the District
has determined is to be filled by a regular probationary or permanent employee rather than
a substitute or temporary employee. A vacancy may occur due to additional enrollment,
dismissal, retirement, or resignation. At the time that a position is posted, it is considered a
"vacancy" and must be filled with a qualified permanent employee requesting an employee-
initiated transfer. In the event that no qualified permanent employee applies for transfer to
the vacant position, the position shall be “open to public posting”.
5. Seniority: "Seniority" is the length of time that an employee has been continuously
employed by the District. Seniority is established on the basis of the date on which an
employee first rendered paid service to the District as a regular probationary employee.
Highest seniority shall apply in employee-initiated transfers and lowest seniority shall apply
in management-initiated transfers.
A. District-initiated Transfer
Transfer of an employee from one (1) position to another position not involving a change of
classification may be made by the Superintendent of the District or designee, at any time when such
transfer is in the best interest of the District for reasons such as, but not limited to the following:
a. Unsatisfactory service or working relationships as evidenced by District evaluations
or other documentation, including documentation resulting from formal disciplinary
action.
1. A bargaining unit member affected by a District-initiated transfer shall be given notice as
soon as administratively practical.
2. Before a request for District-initiated transfer is acted upon, the employee must be advised
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through personal interview of the reason why a District-initiated transfer is being
recommended. Upon request by the employee, these reasons will be provided in writing.
3. The administrator initiating a transfer shall complete a District transfer request form, stating
the reasons for the transfer.
4. The affected employee shall acknowledge being advised of the reasons for transfer by
signing the transfer form.
5. The affected employee may request the opportunity to attach a signed, written, and dated
statement to the transfer form.
The affected employee will be advised within five (5) days of the final decision by the
Superintendent or designee of employer action regarding the transfer. Upon request by the
employee, this decision will be provided in writing.
B. Employee-Initiated Transfers
A permanent bargaining unit member may request a transfer by completing the designated form,
and forwarding the form to the Human Resource Department. Requests for transfer may be for a
specific or nonspecific location.
1. Requests for transfer shall be valid for a year. In consideration of requests for voluntary
transfers, the following are among factors which shall be applied:
a. Experience in the position.
b. Qualifications required for the position.
c. Prior performance evaluations of the applicant.
d. Approval of the building principal or immediate management supervisor of the
school or department to which the applicant desired to be transferred.
e. In the event that all other factors are deemed equal by the administrator, the
acceptable candidate with the greatest seniority shall be granted the position.
2. Single Applicant for Transfer.
In the event that only one permanent or probationary employee applies for a position, the
applicant may be considered for the transfer to that position if he/she:
a. Meets the requirements of the specific job description and meets the written criteria
established by Administration. If applicable, written criteria shall be made available
upon request through site administration prior to the interview.
b. Acknowledges a willingness to comply with specific program requirements
discussed in a pre-transfer conference.
c. The District may deny a transfer to an employee if the employee has had
unsatisfactory performance as evidenced by the most recent evaluation or other
documentation.
3. Multiple Applicants for Transfer.
a. In the event that more than one employee applies for a position posted for transfer,
the following criteria shall be applied to determine who is granted the position:
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1) Meets the requirements of the specific job description and the written
criteria established by administration. If applicable, written criteria shall be
made available upon request through site administration prior to the
interview.
2) Level and degree of training and experience.
3) Willingness to comply with specific program requirements.
b. The District may deny a transfer to an employee if the employee has had
unsatisfactory performance as evidenced by the most recent evaluation or other
documentation.
c. Seniority shall be the deciding factor where two or more unit members are equally
qualified for the same vacancy. In the event that two or more equally qualified unit
members also have equal seniority, the determination of who is granted the position
shall be by lot.
4. If a unit member's employee-initiated transfer request has been denied, he/she is
encouraged to request a conference with the Superintendent or his/her designee to discuss
the reasons for denying the transfer. Upon request, a written statement of the reasons for
denying an employee-initiated transfer request will be provided to the affected unit member.
5. No request for transfer shall be denied arbitrarily, capriciously, or without basis or fact.
C. Consideration of Voluntary Transfer Requests Prior to Public Posting
Unless otherwise prohibited by law, when an existing position becomes vacant, the District shall
post the position for transfer for a minimum of five (5) working days.
The exclusive posting requirements provided for in this section shall apply only to the original
vacancy. In all other cases, vacancies shall be posted simultaneously within and without the
District.
D. Posting of Notice
Notice of job vacancies shall be posted on bulletin boards in prominent locations by the District for
not less than five (5) working days.
E. Medical Transfers
Whenever a unit member becomes medically unable to satisfactorily perform the essential functions
of their job, the District shall make an effort to reasonably accommodate the unit member so they
can perform the essential functions of their job in a satisfactory manner. When practical the District
will attempt to provide alternative work in a related class to the unit member if they are unable to
perform the essential functions of their present job in a satisfactory manner even with reasonable
accommodation. The unit member must be able to perform the essential job functions of the
alternative work with or without reasonable accommodation. The alternate work may constitute
promotion, demotion, or lateral transfer to a related class. A demotion shall require consultation
with CSEA and the concurrence of the unit member.
F. Interview Process
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When one or more bargaining unit members apply for a transfer, the unit member(s) shall be
interviewed by a panel that includes one CSEA bargaining unit member appointed by the President
of CSEA, or the Vice President in the President’s absence. Notification of interview date and time
shall be provided a minimum of 3 (three) working days in advance by Human Resources. The
president of CSEA shall be forwarded the name of the individual recommended by the panel for
appointment by Administration on a District form within 5 (five) working days.
G. Notification of Selection
All applicants shall be notified by the Human Resources Department of the disposition of the
application by writing or by phone. Unsuccessful candidates for transfer may request a conference
with the Human Resources Department to discuss the results of the interview and efforts that can
be made by the employee to improve interview performance.
District Form
To: CSEA President
Re: Recommendation of Panel for Transfer Appointment
Position:
Date(s) of Interview:
Name of Panel Recommendation:
Sincerely,
Human Resources
Santee School District
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ARTICLE 15PROMOTION
Employment opportunities for bargaining unit positions shall be posted at all job sites for
classified non-management positions that become vacant and any new classified non-
management positions created prior to being filled. The job vacancy notice shall be posted on
bulletin boards in prominent locations for not less than five (5) working days. The job vacancy
notice shall include: the job title, a brief description of the position and duties, the minimum
qualifications required for the position, the assigned job site when available, the number of hours
per day, regular assigned work shift times, days per week and months per year assigned to the
position, the salary range, and the deadline for filing to fill the vacancy. Any employee in the
bargaining unit may file for the vacancy by contacting the Human Resources Department within
the filing period.
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ARTICLE 16LEAVE PROVISIONS
A. General Provisions
1. The benefits which are expressly provided by this article are the sole benefits which are
part of this Agreement, and it is agreed that other statutory or regulatory leave benefits
are not incorporated, either directly or impliedly into this Agreement, nor are such other
benefits subject to Article 7, "Grievance Procedure". In order to qualify for any leave
requested, employees must follow District-prescribed procedures regarding permission
and verification.
2. Classified employees are not authorized to take time off at their own discretion without
pay. Classified employees who have a need for time off which is not covered by any
provision of this Agreement may apply to the Board of Education for special leave without
pay by written notification to the immediate supervisor outlining the reason and dates for
the leave.
3. This Agreement does not provide for any procedure authorizing employees to cease
working at their own discretion. If an emergency arises, advance notification of the
immediate supervisor(s) will be necessary prior to leaving the site. The only exception is
outlined in prerequisites to Article 16, "Leave Provisions," B(8), "Personal Necessity
Leave".
4. All classified bargaining unit members shall report their absence using the current
absence reporting system established by the District. If requested by the supervisor, the
employee shall also notify the supervisor or designee of their absence.
B. Specific Provisions
1. Bereavement Leave.
a. Purpose.
The purpose of bereavement leave utilization shall be for the death of a member
of the immediate family. Classified employees shall exercise their bereavement
leave benefits as prescribed in this Agreement upon the death(s) of member(s) of
their immediate family as defined in this Agreement. The immediate family is
defined as mother, step mother, mother-in-law, father, step father, father-in-law,
brother-in-law, sister-in-law, grandmother, step grandmother, grandfather, step
grandfather, a grandchild or step grandchild of the employee or of the spouse of
the employee, and the spouse, son, step son, son-in-law, daughter, step
daughter, daughter-in-law, brother, step brother, sister or step sister of the
employee, registered domestic partner, or any relative living in the immediate
household of the employee or any other person for whom the employee is legally
responsible.
b. Prerequisites.
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An employee applying for this leave of absence provision shall notify the District
as soon as possible and state the expected duration of the absence.
c. Requirements.
An employee shall be granted up to five (5) days for bereavement purposes.
Additional days of absence beyond those described herein may be provided
under the terms of the personal necessity leave provisions of Article 16 "Leave
Provisions," B(8), "Personal Necessity Leave".
d. Compensation.
All days of absence used under the provisions of bereavement leave shall result
in no loss of compensation to the employee.
e. Return to Service.
1) Immediately upon return to active service, the employee shall complete
the District-required special leave form and submit it to the immediate
supervisor.
2) The employee shall provide, upon District request, additional verification
of the use of these leave provisions.
2. Child Care Leave.
With prior written notification to the District Human Resources Department, utilizing
District-prescribed forms, up to a maximum of a one (1) year child care leave without pay
may be granted to the employee.
3. Industrial Accident and Illness Leave.
a. Purpose.
Industrial accident and illness leave shall be granted for illness or injury incurred
within the course and scope of an employee's assigned duties as prescribed by
law.
b. Prerequisites.
An employee who has sustained a job related injury shall report the injury on
District-approved accident report forms by the end of the next work day to the
immediate supervisor. An employee shall report any illness on District-approved
forms to the immediate supervisor within twenty-four (24) hours of knowledge
that the illness is an alleged industrial illness. In order to qualify for industrial
accident or illness
leave coverage, an employee claiming such leave shall be examined and
treated, if necessary, by a physician identified by the District or the District's
industrial accident insurance carrier.
c. Requirements.
1) Allowable leave shall be for not more than sixty (60) working days during
which the schools of the District are required to be in session or when
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the employee would otherwise have been performing work for the District
in any one (1) fiscal year for the same illness or accident.
2) Allowable leave shall not be accumulated from year to year.
3) Industrial accident or illness leave shall commence on the first (1st) day
of absence.
4) Industrial accident or illness leave shall be reduced by one (1) day for
each day of authorized absence regardless of a temporary disability
indemnity award.
5) When an industrial accident or illness leave overlaps into the next fiscal
year, the employee shall be entitled to only the amount of unused leave
due for the same illness or injury.
6) Any employee receiving benefits as a result of this leave shall, during
periods of injury or illness, remain within the State of California unless
the Board of Education authorizes travel outside the state.
7) During any industrial paid leave of absence, the employee shall endorse
to the District the temporary disability indemnity checks received on
account of his/her industrial accident or illness. The District, in turn, shall
issue the employee appropriate salary warrants for payment of the
employee's salary and shall deduct normal retirement, other authorized
contributions, and the temporary disability indemnity, if any, actually paid
to and retained by the employee for periods covered by such salary
warrants. If the employee fails to endorse to the District any wage loss
disability, the employee's warrant will be retained until such time as the
employee complies with this procedure.
8) Upon conclusion of this industrial paid leave, an employee may utilize
any available sick benefits providing that any sick leave utilization when
combined with any temporary disability indemnity shall not exceed one
hundred percent (100%) of the employee's normal compensation.
d. Return to Service.
An employee shall be permitted to return to service after an industrial accident or
illness only upon the presentation of a release from a physician consistent with
worker's compensation rules and regulations certifying the employee's ability to
return to his/her position classification without restrictions or detriment to the
employee's physical and emotional well-being.
4. Judicial and Official Appearance Leave.
a. Purpose.
Judicial and official appearance leave shall be granted for purposes of regularly
called jury duty, appearance as a witness (in court) other than as a litigant, or to
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respond to an official order. To the extent possible, such request shall be
submitted to the immediate supervisor not less than ten (10) days prior to the
beginning date of the leave.
b. Requirements.
An employee shall be granted a leave of absence not to exceed the duration of
the requirements of the official order for participation and appearance. Not more
than two percent (2%) of the classified service shall be granted judicial official
appearance leave at any one (1) time. While on jury duty, unit members shall not
be required to work more hours than their regularly scheduled workday
(considering all shifts), inclusive of time served for jury duty, without additional
compensation for extra hours. Time served for jury duty shall include time
evidenced by the jury duty timecard as well as reasonable time for travel to and
from court, preparation for returning to work, and a meal period subject to
provisions in Article 10.E. Employees who work six (6) or more hours who are
dismissed from jury duty for less than fifty percent (50%) of their workday shall
contact their immediate supervisor to receive directions regarding employment
obligations. Employees who work less than six (6) hours are not required to
return to work if released early.
c. Compensation.
An employee granted a leave of absence under these provisions shall be granted
District compensation which, when added to jury or witness fees, shall not
exceed the employee's regular District compensation. The employee will be
required to pay the District the amount of fees received for jury duty, excluding
travel reimbursement.
d. Return to Service.
1) Immediately upon return to active service, the employee shall complete a
request for special leave form, and submit it to the immediate supervisor
with the jury duty timecard attached.
2) The employee shall provide, upon District request, additional verification
of the use of these leave provisions.
When prior approval is not required, the employee shall make every effort to
comply with District procedures designed to secure a substitute, if necessary,
and shall notify the immediate supervisor of the expected duration of the
absence.
e. Jury Duty Deferral
An immediate supervisor may request that any employee working less than 12
months per year defer jury duty to a school break non work period. If the
employee agrees to such deferral, he/she shall be compensated 70% of step A
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of her/her classification, prorated to hours of regular employment for each day of
jury service during the school break non work period only.
If employee agrees to the deferral, he/she must:
1) Submit a Jury Duty Deferral Form (see appendixes) to the Human
Resources Department requesting this pay option. Include a copy of the
original jury service notice showing you were summoned initially to
perform your service during your regular work year, and a statement
indicating you have requested the jury commissioner to postpone your
jury service to a school break non work period. Include the new dates.
2) Upon completion of summer jury duty during the school break non work
period, submit a signed validation from the jury commissioner showing
each day of jury service performed and a completed district time sheet.
5. Maternity Leave.
a. Purpose.
The purpose of maternity leave utilization shall be for the bearing and birth of
children of employees covered by this Agreement.
b. Prerequisites.
The employee shall furnish her immediate supervisor with a physician's
statement as soon as the pregnancy is confirmed. The physician's statement
shall include the expected day of delivery. The employee shall submit a request
for maternity leave not less than ninety (90) days prior to the requested
commencement date of the leave. The request shall be accompanied by the
attending physician's statement verifying the medical necessity of the leave and
the expected duration of the leave.
c. Requirements.
The Board of Education shall provide for leave of absence, at the election of the
classified employee, who is required to be absent from duties because of
pregnancy, miscarriage, childbirth, and recovery therefrom.
Each pregnant employee, if she desires, may submit in writing on the District-
prescribed form, a request for an unpaid maternity leave up to a maximum of one
(1) calendar year. This written request shall be accompanied by a verification
from her medical doctor indicating the approximate date of the birth of the child.
The dates requested for the commencement and termination of the leave will be
reviewed by the District administration. If they are found not to conflict with the
satisfactory operation of the District program, they will be granted. In special
cases, consideration may be given after the birth of the child for the employee to
return to duty earlier than originally requested or to extend the requested date of
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return. Medical evidence may be required if any change in the proposed return
date is requested.
d. Compensation.
Maternity leave shall be without compensation.
e. Return to Service.
At least two (2) weeks prior to the ending of the maternity leave, the employee
shall contact the District Human Resource Department to clarify the employee's
position of continued employment, application for additional leave, and/or
notification of resignation. Failure to follow this provision shall be deemed
abandonment of employment and treated as a resignation. Immediately upon
conclusion of the maternity leave described herein, the employee shall return to
service and shall complete the required District absence form and submit it to her
immediate supervisor.
6. Military Leave.
a. Leave for Annual Training Duty.
A classified employee, upon submission of his/her military orders, shall be
granted a leave of absence without loss of salary, not to exceed thirty (30)
calendar days, to report for annual active duty training. Classified employees
shall attempt to schedule the military leave at a time which will have the least
adverse effect on District operations.
b. Long-term Military Leave.
1) Purpose.
An employee who enlists, is inducted, or is recalled to active duty shall
be granted a leave of absence for the period of such enlistment or
required service.
2) Compensation.
Such employee, who has served in the District for a minimum of one (1)
calendar year immediately prior to the day on which the absence begins,
shall be entitled to receive salary or compensation for the first (1st) thirty
(30) calendar days of such leave.
3) Return to Service.
Upon completion of the service requirement, the employee shall be
reinstated in a position equivalent to that which he/she held at the time of
his/her enlistment or induction, provided that the employee returns within
six (6) months of the date of his/her discharge, and the period of
absence shall not be construed to be a break in service.
7. Paternity Leave.
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One (1) day of paternity leave without loss of salary will be granted to employees when
imminent birth, time of birth, or placement of an adopted child requires that the employee
be absent from his assignment. A doctor's verification may be required.
8. Personal Necessity Leave.
a. Purpose.
Personal necessity leave may be utilized for circumstances that are serious in
nature, which cannot be expected to be disregarded, which necessitate
immediate attention and cannot be dealt with during off-duty hours.
b. Prerequisites.
Employees shall submit a request for personal necessity leave approval on a
District-approved form to the immediate supervisor as soon as practical prior to
the beginning date of the leave. The prior approval required for personal
necessity leave shall not apply to the following reasons:
1) Death or serious illness of a member of the employee's immediate
family.
2) Accident involving person or property or the person or property of the
employee's immediate family.
When prior approval is not required, the employee shall make every effort to
comply with District procedures designed to secure a substitute, if necessary,
and shall notify the immediate supervisor of the expected duration of the
absence.
c. Requirements.
An employee may use not more than eight (8) working days per year of
accumulated sick leave for purposes of approved personal necessity leave. A
reason need not be given to use personal necessity leave. However, the
reasons for such leave must meet criteria established in Section 8a, Purpose,
above. In addition, these eight (8) days may not be used to:
1) earn other income
2) participate in concerted activities
3) extend a vacation or holiday
Examples of reasons for which approval may be granted are:
1) The death of a member of the employee's immediate family when the
number of days of absence exceeds the limits provided in Article 16,
"Leave Provisions," B(1), "Bereavement Leave", "Members of the
immediate family" as used in this provision are listed under
“Bereavement Leave.”
2) An accident involving the employee's person, not otherwise chargeable
to an illness or injury leave, or to an industrial injury or to industrial illness
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leave. Such accident must (1) be serious in nature, (2) involve
circumstances the employee cannot reasonably be expected to
disregard, and (3) require the attention of the employee during his/her
assigned hours of service.
3) An accident involving the employee's property or the person or property
of a member of the employee's immediate family. "Member of the
employee's immediate family" is defined in Article 16, "Leave
Provisions," B(1)a, “Purpose”. Such accident must (1) be serious in
nature, (2) involve circumstances the employee cannot reasonably be
expected to disregard, and (3) require the attention of the employee
during his/her assigned hours of service.
4) An appearance of the employee in court as a litigant or as a witness
under an official order.
5) An illness of the member of the employee's immediate family as defined
in Article 16, "Leave Provisions," B(1)a, “Purpose," serious in nature,
which under the circumstances the employee cannot reasonably be
expected to disregard, and which requires the attention of the employee
during his/her assigned hours of service.
6) The birth of a child making it necessary for an employee who is the
father of the child to be absent from his position during his assigned
hours of service.
7) Imminent danger to the home of an employee, occasioned by a factor
such as flood or fire, serious in nature, which under the circumstances
the employee cannot reasonably be expected to disregard, and which
requires the attention of the employee during his/her assigned hours of
service.
8) Personal emergency financial business that cannot be transacted
outside of assigned working hours and that is more than personal
convenience or a situation created by choice of the employee.
9) Disabling dental or optical condition (such as broken glasses) which
impairs his/her effectiveness because of the nature of his/her job as an
employee of the District.
10) One (1) day with pay may be granted for times necessary for attendance
of the funeral of a close relative or in-law, not included in Article 16,
"Leave Provisions," B(1)a, “Purpose".
d. Compensation.
An employee shall receive full compensation for not more than eight (8) working
days per year of approved personal necessity leave. The days allowed shall be
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deducted from and may not exceed the number of full pay days of sick leave to
which the employee is entitled. Payment for such absence shall be made only
upon certification by the employee's supervisor that the absence was due to a
situation within the meaning of this provision. Pay will be docked if the employee
does not adhere to these contract directives.
e. Return to Service.
1) Immediately upon return to active service, the employee shall complete
the District absence form and submit it to the immediate supervisor.
2) The employee shall provide, upon District request, additional verification of
the use of these leave provisions.
9. Sick Leave.
a. Purpose.
The purpose of sick leave utilization shall be for physical and mental disability
absences which are medically necessary and caused by illness, injury,
quarantine, medical, or dental appointments that cannot be made outside regular
working hours.
b. Eligibility.
An employee covered by this Agreement, working five (5) days per week for a full
contract year, shall be annually entitled to twelve (12) days of leave of absence
for the purpose of sick leave utilization. An employee covered by this
Agreement, working less than full-time, shall be entitled to sick leave in the same
ratio that his/her employment bears to full-time employment. Any employee shall
have the right to utilize sick leave for absences due to disabilities caused or
contributed to by pregnancy, miscarriage, or childbirth provided that the
employee must have been in a paid status on the working day immediately
preceding the disability. Pregnancy disability must be verified in writing by a
medical doctor. Such sick leave shall not be used for child care, child rearing, or
preparation for child bearing, but shall be limited to those disabilities as set forth
above.
Each employee who shall have served the District for a period of ten (10)
consecutive years shall be credited, on a one-time basis, with twenty (20) days of
additional sick leave, at the beginning of his/her eleventh (11th) year of service in
the District. Each year thereafter he/she shall be credited with two (2) additional
days of sick leave. Credit for such additional benefits shall be made on July 1
each year. Years of consecutive service for this purpose shall be determined in
the same manner as years of experience are determined for placing employees
on the salary schedule. Employees, upon initial employment, shall be eligible to
take not more than six (6) days, or the proportionate amount of sick leave to
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which they are entitled, until the first (1st) day of the calendar month following six
(6) months of service. The District on July 1 of each year shall credit each
employee as described herein, above, with one hundred (100) work days of half-
pay sick leave in addition to the entitlement described herein, above. An
employee covered by this Agreement working less than full-time shall be entitled
to half-pay sick leave in the same ratio that their employment bears to full-time
employment.
c. Prerequisites.
An employee exercising this leave of absence provision shall notify the
immediate supervisor of his/her need to be absent from service as soon as
known and adhere to District-established procedures for absences. The
notification described herein shall also include an estimate of the expected
duration of the absence. Sick leave is intended for use only in instances of
employee illness. Employees needing personal necessity leave in an emergency
must abide by the provision of Article 16, "Leave Provisions," B.8, "Personal
Necessity Leave".
d. Requirements.
An employee becoming aware of the need for absence due to surgery or illness,
or priorly scheduled cause, shall submit a Certificate of Health Care Provider
form to be filled out by his/her attending physician as far in advance of the initial
disability date as possible. Employees requesting half-pay sick leave must
present a Certificate of Health Care Provider form for such leave on District-
prescribed forms from his/her medical doctor detailing the need for the leave to
the District Human Resources Department. The District reserves the right to
request additional physical examinations if this appears to be warranted.
e. Compensation.
Any unused sick leave credit may be used by the employee for sick leave
purposes without loss of compensation. Upon exhaustion of all accumulated sick
leave credit, an employee who continues to be absent for purposes of this
provision shall receive half-pay sick leave for a period not to exceed one hundred
(100) days (or the prorated amount). Any part of a day taken off for sick leave
must be deducted from the existing accumulated sick leave time based upon
increments of the nearest one-half (1/2) hour. In order to qualify for half-pay sick
leave, an employee shall first utilize any other paid leave, holidays, and vacation
time. Only one (1) increment of half-pay sick leave shall be allowed for any
single and continuous absence that extends into the next school year.
f. Return to Service.
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1) The employee shall provide, upon District request, additional verification
of the use of these leave provisions. If this verification is unclear as to the
nature of the employee’s condition or restrictions, the District has
authorization to request additional information by means of a Certificate
of Health Care Provider form.
2) An employee who has experienced a disability absence requiring
surgery, hospitalization, or extended medical treatment shall be required
to submit, prior to return to active duty, a doctor's or practitioner's
statement indicating an ability to return to his/her position classification
without restrictions or detriment to the employee's physical and
emotional well-being.
10. Unpaid Leave
Unit members may request unpaid leave not specifically enumerated above for a period
of up to one (1) year. Requests shall be preliminarily approved by the Superintendent or
designee with final approval at the sole discretion of the Board. Such requests shall be
made, in writing, to the Human Resources Department. Unit members shall endeavor to
provide at least four (4) weeks advance notice prior to the requested start date for the
leave, whenever possible, and shall indicate the specific reason(s) for which the unpaid
leave is requested, the requested start date, and the duration of the leave.
C. Sick Leave Donation
1. An employee may voluntarily donate a maximum of five (5) sick leave days per year from
his/her accumulated balance. This donation will be given to another employee who has
suffered a long-term catastrophic illness or disability and has exhausted all other paid
leaves. Such donations shall be irrevocable and shall not impact the donors' eligibility for
the District's Attendance Incentive Program.
2. The Association will coordinate the program in such a manner that confidentiality
between participants will be maintained, upon request.
3. The Association and the employee agree to indemnify and hold harmless the District from
any loss or damages resulting from this program. (See Sick Leave Donation Guidelines in
appendixes.)
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ARTICLE 17COMPENSATION
A. Salary Placement and Classification
The salary step placement (A – E) and classification of all bargaining unit members will be
determined by the District Superintendent or designee.
B. Reclassification
Reclassification means the upgrading of a position to a higher classification as a result of the
gradual increase of the duties being performed by the incumbent. Classification means that each
position in the classified service shall have a designated title, a regular minimum number of
assigned hours per day, days per week, and months per year, a specified statement of the duties
required to be performed by the employees in each such position, and the regular monthly salary
ranges for each such position. Position reclassification shall be subject to mutual input between
the Board and CSEA. The Board may propose a reclassification at any time, provided the Board
has prior input from CSEA. CSEA may propose reclassifications once a year during the life of this
Agreement. The Board recognizes that reclassification proposals relate to wages and are
therefore negotiable. Any agreed upon reclassification and/or reallocation will become effective
July 1 of the following year.
C. Length of Work Year for Step Advancement Purposes
If a twelve (12) month bargaining unit member's service begins during a school year, his/her first
(1st) year of service will be considered an entire year if he/she began the performance of his/her
duties on or before January 1 of that year. The cutoff date for nine (9), ten (10) and eleven (11)
month employees will be February 1. He/she will be allowed to advance to the next step on the
salary schedule at the beginning of the next work year (July 1 for twelve [12] month employees
and the first [1st] regular work day of the next work year for all other employees).
D. Longevity
The District will grant a longevity award of four percent (4%) of the bargaining unit member's
regular classification and step placement at the beginning of the fifteenth (15th), eighteenth
(18th), twenty-first (21st), twenty-fourth (24th), twenty-seventh (27th), and thirtieth (30th) years.
E. Professional Growth Program
The Professional Growth Program is a system designed to encourage and recognize unit
members' efforts to reach career goals. To assist unit members, it is recognized that open lines
of communication between managers and employees concerning career goals is important. The
District also recognizes that at times it is beneficial for unit members to observe and cross-train
with other District employees.
Employees wishing to further their career goals may request of their immediate supervisor a flex-
time or release time arrangement for the purpose of "shadowing" or cross-training with an
employee in another job classification. Such arrangement must not interfere with the normal
operation of the District and shall be at the discretion of the supervisors involved. The manager
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and employee shall agree in writing on how the release time is to be provided and the manner in
which the time will be made up. Arrangements which are made for educational opportunities will
not be considered for out-of-class compensation.
1. Compensation.
Compensation for each 10 semester units successfully completed by the employee and
approved by the District shall be:
a. Employees working eight (8) hours per day - $18.00 per month thereafter for
each month of service during an employee's work year.
b. Employees working at least six (6) hours but less than eight (8) hours per day -
$13.50 per month thereafter for each month of service during an employee's
work year.
c. Employees working at least four (4) hours but less than six (6) hours per day -
$9.00 per month thereafter for each month of service during an employee's work
year.
d. Employees working at least three (3) hours but less than four (4) hours per day -
$4.50 per month thereafter for each month of service during an employee's work
year.
e. Any employee who has 40 verified semester units will be placed at Step F on the
salary schedule.
Compensation will be paid on a monthly basis beginning the month following verification
of the completion of units.
2. Units Required.
Units required shall be ten (10) semester units. Fifteen (15) hours of attendance at
approved activities will be equal to one (1) semester unit.
3. Limitation.
A unit member will be compensated for no more than ten (10) additional units in any one
fiscal year.
4. Grade Requirement.
A grade of C or higher or a pass credit (if pass/fail option is elected) must be earned.
5. Eligible Units.
Eligible units will be those earned at accredited universities, colleges, junior colleges,
trade schools, ROP, and adult education. Units can also be earned by workshop
attendance. Eligible units must be earned while in the employment of Santee School
District as a bargaining unit member.
6. Course Requirements.
Eligible courses are those which tend to improve job performance and/or would qualify
the employee for a promotion.
7. Procedures.
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Application for course credit must be submitted to the Assistant Superintendent of Human
Resources for prior approval. If the Assistant Superintendent of Human Resources does
not feel that the request falls within the above-established guidelines, the request will be
presented to the District/CSEA EERC Committee for a recommendation.
Successful completion of coursework will be verified by a transcript, grade card, or
appropriate District form submitted to the Assistant Superintendent of Human Resources
for approval. All college coursework must be ultimately verified by an official college
transcript. All coursework or workshop attendance will be outside of an employee's
working hours and the cost shall be borne by the employee.
F. Salary Schedule
Bargaining unit members shall be compensated in accordance with the salary schedule attached
as an appendix to this Agreement.
G. Employee Mileage Reimbursement
Upon the approval of the District Superintendent, employees who are required to travel in the
course of their employment may receive mileage reimbursement. The rate of reimbursement will
be at the IRS approved rate. Mileage allowance shall be granted from the first (1st) duty station
of the day to other authorized locations as part of the regular day's work.
H. Promotion to Higher Classification
When an employee is promoted into a higher classification, he/she shall be placed at the
appropriate step and range of the new class to insure an increase of not less than five percent
(5%) except he/she may be placed at the last step of the higher classification if that is the
maximum allowable. He/she will be allowed to advance to the next step on the salary schedule
at the beginning of the next work year (July 1 for twelve [12] month employees and the first [1st]
regular work day of the next work year for nine [9], ten [10] and eleven [11] month employees).
I. 2013-14 and 2014-15 Salary Increases
1. A 2.50% increase shall be applied to the 2012-13 salary schedule effective July 1, 2013.
2. A 4.00% increase shall be applied to the 2013-14 salary schedule effective July 1, 2014.
J. 3121 Alternative Social Security Plan
The 3121 Plan is an alternative to Social Security for unit members who work less than four (4)
hours per day and are not qualified to participate in the California Public Employees Retirement
System “CalPERS”. The 3121 Plan shall be administered by the San Diego County Office of
Education Fringe Benefits Consortium and shall replace Social Security payroll deductions and
District contributions as follows:
1. Pursuant to the Internal Revenue Code, up to 7.5% of pay may be contributed to the
3121 Plan.
a. The District shall contribute 1.3% of pay.
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b. Participants shall contribute the rate of pay required by the Federal Government
to be paid to Social Security by unit members that are not eligible for the 3121
Plan.
c. At no time shall the sum of the contribution percentages exceed 7.5%.
2. Eligible unit members who are employed with the District on or before January 31, 2014
shall be provided a thirty (30) calendar day “Waiting Period” during which they may opt
out of the 3121 Plan.
a. In order to be an Opt Out Employee, the bargaining member must attend an
orientation at which the advantages and disadvantages of the 3121 Plan will be
explained. The orientation shall be scheduled by the District to occur within ten
(10) working days of the start of the Waiting Period. Attending Unit members
shall be in a paid status.
b. Opt Out employees shall continue to contribute to Social Security at federally
established rates as long as they are employed by the District.
c. An employee that has been placed on the 39-month rehire list and is
subsequently rehired shall continue to be subject to Social Security contributions
or contribute to the 3121 Plan, whichever they were paying into at the time they
were placed on the 39-month rehire list.
d. All employees eligible for the 3121 Plan that are hired after January 31, 2014
shall be automatically enrolled in the 3121 Plan.
e. All job postings shall include a notice that new hires shall be automatically
enrolled in the 3121 Plan and will not be contributing to Social Security.
f. Newly hired employees shall be given information regarding the 3121 Plan prior
to their first official work day.
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ARTICLE 18
HEALTH AND WELFARE BENEFITS
A. General Provisions
The District will provide a health and welfare benefits program, through companies designated by
the District, for unit members who have a regular assignment of twenty (20) or more hours per
week. The plans and carriers shall be determined by the Board. The District shall pay the cost of
benefits to the extent provided below:
1. Maximum District Contribution Toward Employee Health and Welfare Benefits.
The District contribution toward employee health and welfare benefits is prorated
according to hours worked by the employee in his/her regular assignment during the
workweek. The District contribution toward health and welfare benefits shall be applied
toward the purchase of required and optional benefits.
a. Full-time employees.
Employees having a regular assignment of eight (8) hours per day for five (5)
days a week and employees who regularly work forty (40) hours per week on an
alternate workweek schedule as described in Article 10, "Hours," Paragraph B,
page 23, will be provided a maximum annual District contribution of up to
$6291.84 to be applied toward the purchase of required and optional benefits.
b. Employees who work at least thirty (30) hours per week.
Employees having a regular assignment of at least six (6) hours per day but less
than eight (8) hours per day for five (5) days a week and employees who
regularly work thirty (30) hours per week on an alternate workweek schedule will
be provided with an annual District contribution reflecting 90% of maximum
coverage (including dependents) of up to $5662.66 to apply toward the purchase
of required and optional benefits. This will be effective June 1, 2000. The cap
will not be increased.
c. Employees who work at least twenty (20) hours per week.
Employees having a regular assignment of at least four (4) hours per day but
less than six (6) hours per day for five (5) days a week and employees who
regularly work twenty (20) hours per week on an alternate workweek schedule
will be provided with an annual District contribution reflecting 65% of maximum
coverage (including dependents) of up to $4089.70 to apply toward the purchase
of required and optional benefits. This will be effective June 1, 2000. The cap
will not be increased.
2. Required Coverage.
Employees covered by this Agreement must select the following coverages:
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a. Employee-only health coverage through one (1) of the plans and carriers offered
by the District.
b. Employee-only vision plan.
c. One (1) of the two (2) dental plans offered by the District:
(1) Employee-only plan.
(2) Employee and dependent prepaid dental plan.
d. $50,000 life insurance plan, effective March 1, 1998.
3. Optional Benefits Coverage.
Employees shall have the option of: (1) enrolling all eligible dependents in the health
plan in which the employee is enrolled, or (2) choosing a discretionary allowance which
may be applied toward purchasing additional cancer insurance, voluntary dental
insurance, income protection, or receive as compensation. The discretionary allowance
shall be $20 per month for employees who work eight (8) hours per day, $15 per month
for employees who work at least six (6) hours per day, and $10 per month for employees
who work at least four (4) hours per day.
4. Unused Benefit Monies.
Any unused benefit monies shall remain the property of the District.
5. Plans and Carriers.
The plans and carriers shall be determined by the Board.
6. Cost in Excess of District Contribution.
In the event that increases occur in the cost of required health and welfare benefits
during the term of this Agreement to the extent that those costs exceed the amount of the
District contribution, such increases in costs shall be deducted from each eligible unit
member's payroll warrant.
B. Terminating Employees
Any employee who terminates his/her employment with the school district shall have his/her
health benefits continue through the end of the month in which he/she terminates.
C. New Employees
New employees shall qualify for benefits on the first (1st) day of the month following hire date.
D. Benefit Selection Sheets
Each year prior to the end of the open enrollment period, every employee who qualifies for
benefits is required to turn in to the Human Resources Department the benefit selection form
provided by the District. This form authorizes the District to enroll in and/or continue benefit
selections for employees. This form must be turned in regardless of whether or not there are any
changes in an employee's benefit program. It is the individual employee's responsibility to
comply with the provisions of this section and failure to do so may result in a reduction of the total
benefit allowance for the employee. If an employee wishes to change and/or add any benefits,
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he/she must pick up the appropriate forms from Human Resources and include them with the
benefit selection form.
E. Insurance Plans
Enrollment requirements, eligibility requirements, and other specific rules and regulations
governing participation in the District-offered insurance plans are subject to the rules and
regulations established by the insurance carriers.
F. Retired Employees' Health Benefits
Bargaining unit members retiring shall be eligible and may apply for paid medical and health
insurance benefits on the following basis:
1. The employee must have the equivalent of fifteen (15) years of full service with the
Santee School District, the last five (5) years of which must be consecutive, and have
reached or passed the age of fifty-five (55) years.
2. The coverage will only provide health and medical benefits as covered under one (1) of
the health and medical plans provided by the District, whichever the employee was
insured under during the last year of employment unless the employee relocates and is
100 miles or more from a medical facility covered by his or her plan.
If the employee relocates and is 100 miles or more from a medical facility covered by his
or her plan, the employee may appeal to the District to change medical coverage with the
provision that the employee will be responsible for paying any additional cost for medical
coverage either annually or quarterly. The employee will also be expected to sign an
agreement with the District releasing the District from any liability of lapsed coverage due
to the employee not making a timely payment to the District for additional medical
coverage.
3. The District will pay the health and medical premiums for the retiree. The District
contribution to this coverage will be governed to limits as provided in Section A of this
Article.
4. The District will continue to provide this coverage until the retiree reaches the age of
sixty-five (65) or is eligible for Medicare, whichever comes first.
5. These benefits cover the retiring employee only and are not extended to dependents.
6. Only bargaining unit members retiring after November 19, 1985, are eligible for the above
employee health benefit provisions.
G. Classified Employees Flexible Spending Account Plan
The District flexible spending account plan has been designed to meet Internal Revenue Service
(IRS) guidelines as a "cafeteria plan" under IRS Section 125. The flexible spending account plan
allows the classified employee the option of extending and/or paying for (1) additional health
benefits, (2) some health care not covered by other benefit plans, and (3) some dependent care
expenses by placing a portion of his/her salary into special accounts.
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1. Intent of the Flexible Spending Account Plan.
Neither the District nor the Association provides tax advice to employees in regard to
their participation in the flexible spending account plan. It is up to the individual
employee to choose to participate or not participate in this plan and to determine the level
of participation. The intent of offering the plan is to provide a cafeteria plan which
complies with IRS regulations. This benefit (the flexible spending account plan) is bound
by IRS guidelines.
2. Flexible Spending Accounts.
There shall be three flexible spending accounts available for the classified employee.
These accounts will be:
a. Premium Conversion Account
b. Dependent Care Account
c. Medical Reimbursement Account
Participation in any or all of the above accounts is an option to be decided by each
employee. The amounts directed into these accounts are at the discretion of the
employee and must be within the guidelines set by the Internal Revenue Service.
It shall be the employee's responsibility to participate in yearly open enrollment periods
and to notify the District, with appropriate District-supplied forms, as to the exact amounts
of the deductions directed toward each flexible spending account. Employees may
choose to increase, decrease, or stop participation during an annual open enrollment
period.
Flexible spending accounts may be changed only during the annual open enrollment
period unless the employee has a change in family status during the year. A change in
family status includes marriage or divorce, birth or adoption, death, or the termination of
the employee's spouse's employment.
3. District Contribution to the Flexible Spending Account Plan.
The District contribution to the flexible spending account plan shall be that amount
provided for employee Health and Welfare Benefits, Article 18. The District contribution
shall be applied toward required and optional coverages.
4. Forfeiture of Funds.
If an employee does not use all funds in his/her flexible spending account during the
benefit year (July 1 and June 30), those funds remaining in a flexible spending account
must be forfeited in accordance with current tax laws. In the event that there are funds in
employees' flexible spending accounts after the end of the benefit year, those funds will
be forfeited and applied toward the costs of operating the plan.
5. Administration of Plan.
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There will be a monthly administrative cost paid by the employer for portions of this plan
(Medical Reimbursement and Dependent Care accounts). The administrative cost shall
be set during the open enrollment period.
H. Opt-out Program
Employees wishing to participate or continue in the benefit opt-out provision must follow
established District rules each year regarding written proof of other insurance coverage. A
Medical Insurance Waiver From must be submitted to the District’s Human Resource
Department, Benefits and Risk Management Specialist, during the Open Enrollment period.
Employees who do not provide the required documents within the specified open enrollment
period each year will lose their ability to participate in the benefit opt-out provision for that benefit
year. Benefit opt-out participation may be limited by the insurance provider.
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ARTICLE 19
NO LOCKOUT
During the term of this Agreement, the employer agrees not to engage in any lockout of
employees covered by this Agreement.
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ARTICLE 20
CONCERTED ACTIVITIES
It is agreed and understood that there will be no strike, work stoppage, slowdown, picketing or
refusal or failure to fully and faithfully perform job functions and responsibilities, or other
interference with the operations of the District by the CSEA or by its officers, agents, or members
during the term of this Agreement, including compliance with the request of other labor
organizations to engage in such activity. The CSEA recognizes the duty and obligation of its
representatives to comply with the provisions of this Agreement and to make every effort toward
inducing all employees represented by CSEA to do so. In the event of a strike, work stoppage,
slowdown, or other interference with the operations of the District by employees who are
represented by the CSEA, the CSEA agrees in good faith to take the following steps to cause
those employees to cease such action:
1. Verbally and in written form direct that the employee(s) cease and desist
such actions, and;
2. Obtain a signed receipt for the written form, or a signature of a witness
verifying that such form was delivered.
It is agreed and understood that any employee violating this article may be subject to discipline
up to and including termination by the District. It is understood in the event this section is
violated, that the District shall be entitled to withdraw any rights, privileges, services, wages, or
benefits provided for in this Agreement from any employees and also, that the Association shall
pay the District for all monetary damages caused by said violation providing that it was the
Association and not an individual or individuals not duly recognized to be agents or elected
officers of CSEA.
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ARTICLE 21
CONTRACT PROVISIONS
A. Savings Provision
If any provisions of this Agreement are held to be contrary to law by a court of competent
jurisdiction, such provisions will not be deemed valid and subsisting except to the extent
permitted by law, but all other provisions will continue in full force and effect. Such article,
section, or provision upon being rendered void shall revert to the authority of the Board during the
remaining period of the contract.
B. Support of Agreement
The District and the CSEA agree that it is to their mutual benefit to encourage the resolution of
differences through the meet and negotiation process. Therefore, it is agreed that the District and
CSEA will support this Agreement for its term and that the District and CSEA will not appear
before any public bodies to seek change or improvement in any matter subject to the meet and
negotiation process except by mutual agreement of the District and the CSEA.
C. Effect of Agreement
It is understood and agreed that the specific provisions contained in this Agreement shall prevail
over District practices, procedures, and regulations and over state laws to the extent permitted by
state law and that in the absence of specific provisions in this Agreement and such practices,
procedures, and regulations shall be determined by the District.
D. Completion of Meet and Negotiate
During the term of this Agreement, the CSEA expressly waives and relinquishes the right to meet
and negotiate and agrees that the District shall not be obligated to meet and negotiate with
respect to any subject or matter whether referred to or covered in this Agreement or not, even
though each subject or matter may not have been within the knowledge or contemplation of either
or both the District or the CSEA at the time they met and negotiated on and executed this
Agreement, and even though such subject or matters were proposed and later withdrawn. The
parties hereby agree to the terms and conditions as set forth in this contract for the purpose of
presentation to the Board of Education as a contract between California School Employees
Association, Chapter 557, an affiliate of California School Employees Association (CSEA), and
the District. Provided that the public notice provisions of Government Code Section 3547 and
PERB rules and regulations have been properly followed, all meet and negotiate sessions to
amend, modify, or change this Agreement shall take place within ninety (90) working days prior to
the expiration date of this contract.
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ARTICLE 22TERM
This Agreement shall remain in full force and subject to change or amendment by the parties
through implementing the following procedure:
A. The term of this Agreement shall be for three (3) years, from July 1, 2013 through June
30, 2016. The 2014-15 and 2015-16 annual re-openers will be limited to four (4) articles
for each party.
B. The Association and the District agree that either party will notify the other in writing using
the following timelines of its request to modify or amend the Agreement:
1. Negotiations shall be considered concluded through 2014-15 except for the
provisions of Article 17, Section B pertaining to Reclassification, if applicable.
2. Between February 15, 2015 and March 15, 2015 for 2015-16 reopeners
3. Between February 15, 2016 and March 15, 2016 to open articles for the
successor Agreement.
C. In the event that neither party gives appropriate written notice to the other of its desire to
modify, amend, or terminate specific provisions within the specified time limitations, the
Agreement shall remain in full force and effect year to year.
D. After appropriate written notice pursuant to the above paragraph has been received and
the public notice provisions of Chapter 10.7 of Government Code have been met, the
parties agree to meet and negotiate in good faith on specific provisions to be modified,
amended, or terminated.
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SICK LEAVE DONATION GUIDELINES
Membership - Chairperson: Director of Human Resources
Members: Three CSEA Representatives
1. If and when the district becomes aware that a classified employee is suffering a long-term catastrophic illness or disability, the Payroll Department will monitor that employee’s absence record and inform the CSEA president and the membership chairperson when that employee will exhaust all paid leave (including 100 half-pay days). Whenever possible, the CSEA president and the chairperson will be informed by the Payroll Department thirty (30) days prior to the employee exhausting all paid leave.
2. The chairperson will then contact the employee (or relative or emergency contact of employee) to see if she/he wants to participate in the Sick Leave Donation Program.
3. If the employee declines, the process ends, and the chairperson will log that the employee preferred not to participate.
4. If the employee wants to participate, the chairperson will find out the following:
(a) Expected amount of days needed.(b) Number of scheduled hours worked per day.
5. The chairperson shall send out a notice to all site representatives for distribution to CSEA bargaining unit members, and CSEA shall send out a notice in the Chapter newsletter, if time allows.
6. CSEA members who want to donate sick days can request a Donation of Sick Leave form from either their site representative or the Human Resources Department.
7. An individual employee may donate a maximum of 5 sick leave days each school year. All5 days may be donated to one individual or may be divided between two or more employees.
8. After the form has been completed. it is to be submitted to the Human Resources Department where the total number of donated days will be determined and given to the Payroll Department for processing.
9. The employee receiving sick leave donations may, only use up to 40 donated days for a single and continuous absence. The 40 days will be credited to the absent employee’s contracted hours of employment.
10. Donated days will be accepted in chronological order of when they are received in Human Resources. Excess donated days will be returned to the donors.
11. All donors will be notified as to how many of their days were used.
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Classified EmployeeJury Duty Deferral Form
The immediate supervisor may request that the employee defer jury service to a school break non work period.
If the employee agrees to such deferral and signs below, he/she shall be compensated 70% of step A of his/her classification, prorated to hours of regular employment for each day of jury service during the summer non work period only.
The jury duty has been deferred to
Supervisor Date
Ernpbyee. Date
Assistant Superintendent, Human Resources Date
Form 65-212Revised 10/01Human ResourcesSantee School District
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SANTEE SCHOOL DISTRICTPERFORMANCE EVALUATION FOR PROBATIONARY CLASSIFIED EMPLOYEES
Name of Period CoveredEmployee by Evaluation to
Position School/Department
S = SatisfactoryU = UnsatisfactoryNA = Not Applicable
ADAPTABILITY: S U NA COMMENTS
Accepts change
Adjustment to job
Ease with which new duties are learned
RELATIONSHIP WITH PEOPLE: S U NA COMMENTS
Works well with:Employees
Students
Public
ATTITUDE TOWARD WORK: S U NA COMMENTS
Interest in work
Complies with rules, regulations, and policies
Willingness and ability to accept and carry out responsibility
Initiative / Resourcefulness
QUALITY/QUANTITY OF WORK: S U NA COMMENTS
Meets time schedules for work assignments
Accuracy in work
Proper care of materials and equipment
Follow through/Thoroughness
Technical knowledge of job
Demonstrates competency
Quantity of work - the amount of work completed and the speed with which it is completed
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Performance Evaluation for Probationary Classified Employees - Page 2
PROFESSIONAL QUALITIES: S U NA COMMENTS
Appropriate attire
Observance of work hours
Regular attendance
DEPENDABILITY: S U NA COMMENTS
Attends to duties in absence of supervision
Follows instructions
Good judgment; uses common sense
SAFETY PERFORMANCE: S U NA COMMENTS
Number of disabling work injuries Number of work-related medical
treatment injuriesNumber of moving violations in a
District vehicleNumber of motor vehicle accidents
in a District vehicleNumber of safety violationsNumber of work days lost due to above
Cooperation in carrying out district safety policies
Work safety record
Assistance Plan developed by:
Date
Recommendation for Continued EmploymentYesNo
EVALUATOR'S COMMENTS:____________________________________________________________________________________________Signature of Evaluator Date========================================================================================EMPLOYEE'S COMMENTS:
========================================================================================This Performance Evaluation has been discussed with the employee
_______Yes _______ No If no, why? ___________________________________________________ I have read the above evaluation. _____________________________________________________________ I agree with the evaluation._____ I disagree with the evaluation (comments may be attached within 10 working days)._____ I would like to discuss this evaluation with the next level of administration.
_________________________________________ __________________________________________Signature of Employee Conference Date Signature of Evaluator Conference Date========================================================================================As requested, I discussed evaluation with employee on _______________________________________________.
I do/do not concur in the ratings given by the rater. I have/have not made changes in the evaluation.____________________________________________________________________________________________Signature of next level of administration Conference Date
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Form 65-201; Human Resources; Revised 1/14 White: Human Resources Department Yellow- Employee Pink - Evaluator
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SANTEE SCHOOL DISTRICTPERFORMANCE EVALUATION FOR PERMANENT CLASSIFIED EMPLOYEES
Name of Period CoveredEmployee by Evaluation to
Position School/Department
Evaluation Status: Biannual Special Assistance Plan Required
Next evaluation to occur by:If “Unsatisfactory” is checked, an Assistance Plan will be developed. The Plan must include reasons for the rating and indicate suggestions for improvement. If “Unsatisfactory” is checked, indicate reasons in the “Comments “ section. If “Satisfactory” is checked, completion of the comments section is optional. Additional comments may be added or attached.
S = Satisfactory NI = Needs Improvement U = Unsatisfactory NA = Not ApplicableADAPTABILITY: S NI U NA COMMENTS
Accepts changeAdjustment to job
Ease with which new duties are learned
RELATIONSHIP WITH PEOPLE: S NI U NA COMMENTS
Works well with:Employees
StudentsPublic
ATTITUDE TOWARD WORK: S NI U NA COMMENTS
Interest in work
Complies with rules, regulations, and policies
Willingness and ability to accept and carry out responsibilityInitiative / Resourcefulness
QUALITY/QUANTITY OF WORK: S NI U NA COMMENTS
Meets time schedules for work assignments
Accuracy in work
Proper care of materials and equipment
Follow through/Thoroughness
Technical knowledge of job
Demonstrates competency
Quantity of work - the amount of work completed and the speed with which it is completed
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Performance Evaluation for Permanent Classified Employees - Page 2 of 2PROFESSIONAL QUALITIES: S NI U NA COMMENTS
Appropriate attire
Observance of work hours
Regular attendance
DEPENDABILITY: S NI U NA COMMENTS
Attends to duties in absence of supervision
Follows instructions
Good judgment; uses common sense
SAFETY PERFORMANCE: S NI U NA COMMENTS
Number of disabling work injuries Number of work-related medical
treatment injuriesNumber of moving violations in a
District vehicleNumber of motor vehicle accidents
in a District vehicleNumber of safety violationsNumber of work days lost due to above
Cooperation in carrying out district safety policies
Work safety record
Assistance Plan developed by:
Date
Recommendation for Continued EmploymentYesNo
EVALUATOR'S COMMENTS:
Signature of Evaluator Date========================================================================================EMPLOYEE'S COMMENTS: ========================================================================================This Performance Evaluation has been discussed with the employee
______ Yes ______ No If no, why? __ I have read the above evaluation__ I agree with the evaluation__ I disagree with the evaluation (comments may be attached within 10 working days)__ I would like to discuss this evaluation with the next level of administration
_________________________________________ __________________________________________Signature of Employee Conference Date Signature of Evaluator Conference Date========================================================================================As requested, I discussed evaluation with employee on _______________________________________________
I do/do not concur in the ratings given by the rater. I have/have not made changes in the evaluation.____________________________________________________________________________________________Signature of next level of administration Conference Date
Form 65-200; Human Resources; Revised 1/14 White: Human Resources Department Yellow- Employee Pink - Evaluator
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CSEA HR Office Use OnlyFORM A Docket #CT
SANTEE SCHOOL DISTRICTGRIEVANT’S STATEMENT, LEVEL I
IMMEDIATE SUPERVISOR
Section A.
Employee Date Last Name First Middle
School/Department Position
Section B. Alleged Violation:(Please identify area of content - article, section or subsection violated.)
Section C. Grievant’s Statement:(This statement shall be a clear concise statement of the grievance, the circumstances on which
the grievance is based, the persons involved, the decision rendered at the informal conference,
the remedy sought, and an outline of actions taken to adjust the grievance.)
Remedy Sought:
Name of Employee Representative, if any:
Grievant’s Signature
Cc: EmployeeAssistant Superintendent, Human ResourcesSuperintendentSupervisorAssociation
Human Resources 11/05
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CSEA HR Office Use OnlyFORM AA Docket #CT
SANTEE SCHOOL DISTRICTIMMEDIATE SUPERVISOR’S RESPONSE TO GRIEVANCE, LEVEL I
Section A.
To: Date Name of Grievant
School/Department Position
Section B.
From: Immediate Supervisor Position
School/Department
Section C.Immediate supervisor’s response to alleged contract violation as specified in grievant’s statement dated .
Decision Rendered:
Immediate Supervisor’s Signature
Cc: EmployeeAssistant Superintendent, Human ResourcesSuperintendentSupervisorAssociation
Human Resources 11/05
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CSEA HR Office Use OnlyFORM B Docket #CT
SANTEE SCHOOL DISTRICTGRIEVANT’S APPEAL, LEVEL II
ASSISTANT SUPERINTENDENT, HUMAN RESOURCES
Section A.
Grievant _______________________________________________ Date Last Name First Middle
School/Department ____________________________________ Position
Section B. Statement of AppealPlease state specific reason for appeal. (Add any additional information that may be helpful in resolving the grievance.)
Section C.
Name of Employee Representative:
Appellant’s Signature
Cc: EmployeeAssistant Superintendent, Human ResourcesSuperintendentSupervisorAssociation
Human Resources 11/05
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CSEA HR Office Use OnlyFORM BB Docket #CT
SANTEE SCHOOL DISTRICTASSISTANT SUPERINTENDENT, HUMAN RESOURCES
RESPONSE TO GRIEVANCE, LEVEL II
Section A.
To: ______________________________________ Date Name of Grievant
School/Department Position
Section B.
Assistant Superintendent of Human Resources’ response to alleged contract violation as specified in grievant statement dated .
Decision Rendered:
Assistant Superintendent’s Signature
Cc: EmployeeAssistant Superintendent, Human ResourcesSuperintendentSupervisorAssociation
Human Resources 11/05
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CSEA HR Office Use OnlyFORM C Docket #
SANTEE SCHOOL DISTRICTGRIEVANT’S APPEAL, LEVEL III
SUPERINTENDENT
Section A.Grievant ______________________________________________ Date
Last Name First Middle
School/Department Position
Section B. Statement of Appeal.Please state specific reason for appeal.
Section C.
Name of Representative
Appellant’s Signature
Cc: EmployeeAssistant Superintendent, Human ResourcesSuperintendentSupervisorAssociation
Human Resources 11/05
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CSEA HR Office Use OnlyFORM CC Docket #
SANTEE SCHOOL DISTRICTSUPERINTENDENT’S RESPONSE TO GRIEVANCE, LEVEL III
Section A.
To: Date Name of Grievant
School/Department: Position
Section B.
Superintendent’s response to grievant’s appeal.
Decision Rendered:
Superintendent’s Signature
Cc: EmployeeAssistant Superintendent, Human ResourcesSuperintendentSupervisorAssociation
Human Resources 11/05
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CSEA HR Office Use OnlyFORM D Docket #
SANTEE SCHOOL DISTRICTGRIEVANT’S APPEAL, LEVEL IV
BOARD OF EDUCATION REQUEST FOR APPEALOR REQUEST FOR ARBITRATION
Section A.
Grievant ______________________________________________ Date Last Name First Middle
School/Department Position
Section B. Statement of Appeal (Please select one)□ Request of review by Board of Education. Please state specific reason.
□ Request for Arbitration. Please state specific reason.
Section C.
Name of Representative
Appellant’s Signature
Cc: EmployeeAssistant Superintendent, Human ResourcesSuperintendentSupervisorAssociation
Human Resources 11/05
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Side Letter of AgreementBetween the
Santee School DistrictAnd
CSEA
No Child Left Behind Paraprofessional Certification
March 14, 2005
The District and CSEA have agreed to the following No Child Left Behind Paraprofessional Certification (NCLB)
program:
Certification may be granted in three ways:
1) Possession of an Associates Degree (AA);2) Completion of 48 college semester units;3) Completion of a District-approved training assessment.
To assist employees in earning certification, the District is providing two opportunities;
A. On-line Paraeducator Learning Network classes. This program consists of 40 District-approved courses with an assessment at the conclusion of
each. Each course takes approximately 1 hour to complete. Employees must successfully complete a minimum of 30. Of the 30 minimum, 21 must be from a selected group of classes specifically designed to assist low achieving students. (See attached list of courses.)Additional information regarding the network classes can be found at, www.pareducator.net.
OR
B. Passage of a District established test or training. The NCLB training with Dr. Cindy Slatinsky consists of 30 instructional hours and successful
completion of an assessment. This training will be offered at least three times before January 2006. This training is specifically designed to provide knowledge and techniques to assist low achieving students and is supported by the San Diego County Office of Education. Successful completion of this training will provide credit toward Santee School District’s Professional Growth Program if the training is taken outside of work hours. Prior approval of this training is not required for the Professional Growth credit, but a Professional Growth Approval Request Form #65-203 must be submitted by the employee in order to receive Professional Growth credit.
For those employees wishing to earn certification using the Paraeducator Learning Network, the accompanying page will list the specific course offerings and requirements to meet District expectations. Employees will need to present copies of successful completion certificates in order to meet this requirement.
To receive certification based upon college units or a degree, copies of official transcripts listing degrees and or units earned must be delivered to the Human Resources Department.
It is imperative that all Instructional Assistants attend to this matter as soon as possible. Certification under No Child Left Behind is mandated by current law and must be approved by January 2006.
All Instructional Assistants received information regarding NCLB in January 2005. All newly hired Instructional Assistants will receive information regarding NCLB with new hire packets.
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Paraprofessional On-Line TrainingEmployees must successfully complete a minimum of 30 courses, 21 of which must be from the selected groups listed below. Please note the minimum required from each category. After completion of 30 courses, please circle each course completed and submit this form to Human Resources with copies of all certifications.
No Child Left Behind – Select a minimum of nine (9) courses:#118 Supporting Instruction: Reading#119 Supporting Instruction: Writing#120 Supporting Instruction: Mathematics#130 Reading Comprehension: Narrative Texts#131 Reading Comprehension: Informative Texts#132 Reading Comprehension: Decoding Language and Utilizing Layout#133 Writing Fundamentals: Parts of Speech and Effective Sentences#134 Writing Fundamentals: Mechanics of Writing#135 Mathematics: Understanding the Basic Skills#136 Mathematics: Fractions, Decimals, and Percentages#137 Mathematics: Basic Algebra#162 Supporting Reading Instruction in Social Studies, Science, and Mathematics (Part I)#163 Supporting Reading Instruction in Social Studies, Science, and Mathematics (Part II)
Special Education – Select a minimum of three (3) courses:#101 Understanding Inclusion#102 The First Day on the Job#103 Confidentiality#104 Understanding the Many Types of Special Programs#107 Individual Student and Program Information#111 Paraeducator Roles and Responsibilities in Inclusive Classrooms
Accommodations and Modifications – Select a minimum of four (4) courses:#108 Introduction to Accommodations and Modifications#109 Supporting Modifications#110 Classroom and Behavior Management#113 Communicating with Student Teams#114 Monitoring Student Progress$115 Assertive Communication Skills#123 Implementing and Monitoring Behavior Intervention Plans#124 Providing Positive Behavioral Supports for Individual Students
Disabilities and Exceptionalities – Select a minimum of two (2) courses:#105 Understanding the Many Areas of Disability and Exceptionality (Part I)#106 Understanding the Many Areas of Disability and Exceptionality (Part II)#140 Understanding Students with Severe and/or Multiple Disabilities#157 Characteristics of Adolescents with Disabilities#160 Supporting Students with Attentional Concerns#161 Supporting Students Who Are Noncompliant
English as a Second Language – Select a minimum of three (3) courses:#125 ELL: General Understanding#126 ELL: Avoiding Common Pitfalls#127 ELL: Fostering a Positive and Productive Classroom Environment#128 ELL: Strategies and Techniques for Student Success#129 ELL: Assessing Students
Electives – Select a minimum of nine (9) courses from the above categories.
Total Courses Verified Date
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