Employee Contract: Administrators

CONTRACT

Pursuant to the provisions of
Chapter 150E of the General Laws of Massachusetts, this contract is made the
1st day of July, 2005 by the School Committees of Amherst, of Pelham, and of
the Amherst-Pelham Regional Schools (hereinafter referred to as the Committee)
and the Amherst-Pelham Administrators Association, Massachusetts Teachers
Association/National Education Association (hereinafter referred to as the
Association).

ARTICLE I

PREAMBLE

Recognizing that our common
purpose is to provide an educational program of high quality and reasonable
cost for the children of Amherst, Pelham, Leverett, and Shutesbury, we, the
undersigned parties to this contract, declare that:

A.
Under the law of Massachusetts, the Committees selected by
citizens of Amherst, Pelham, Leverett, and Shutesbury have the final
responsibility for establishing
the policies of the public schools of Amherst, Pelham, and of the
Regional
School Districts. Included in this responsibility is the establishment
of the
administrative positions. The Parties agree that the operation of the
School
Department of Amherst, Pelham and the Amherst-Pelham Region, the
supervision of
the employees and of their work, are the rights of the Committee and
their
agents alone. These rights, subject to the provisions of this
Agreement,
include the making of reasonable rules to insure orderly and effective
work; to
determine the quantity and types of equipment to be used; to introduce
new
methods and facilities; the making of work schedules; the determination
of what
and where duties will be performed; and of employee competency; the
hiring,
transfer, promotion, demotion, lay-off, recall, discipline or discharge
of
employees for just cause without discrimination; and the right to
discuss terms
and conditions of employment with the employees and to inform them
concerning
employment matters are exclusive rights of the Committee and their
agents.

B.
The Superintendent of Schools of the Districts (hereinafter referred to
as the Superintendent) has the responsibility of implementing the policies
established by the Committee.

C.
The administrative staff of the public schools of the Amherst, Pelham,
and Regional School Districts has the responsibility for supporting and
providing leadership to effective instruction in our classrooms.

D.
Fulfillment of these responsibilities can be best achieved through
consultations and frank exchanges of views and information among the committee
and their agents, the superintendent, and the administrative staff as policies
related to wages, hours, and other conditions of employment for the
administrative staff are formulated and applied.

E.
We agree to the following principles and procedures in order to
implement these declarations.

F.
Nothing contained in this contract will be construed as limiting the
rights and responsibilities of the School Committee and their agents, the
Association, or individuals as they are defined by the laws of the Commonwealth of Massachusetts.

ARTICLE II

RECOGNITION OF BARGAINING AGENT

Pursuant to the provisions of
Chapter 150E of the Massachusetts General Laws, the Committee recognizes the
Amherst-Pelham Administrators Association/Massachusetts Teachers
Association/National Education Association as the exclusive bargaining agent
for a unit of Amherst-Pelham School Administrators comprised of the following
positions:

Special
Education Administrator K-8

Special
Education Administrator, 9-12

Special
Education Transitions Administrator

Secondary School
Assistant Principals

Middle School
Assistant Principals

Student Services
Administrator

Athletic Director

Elementary School
Assistant Principals

Food Services
Supervisor

But excluding the
Superintendent of Schools, the Assistant Superintendent of Schools, the
Business Manager, Administrative Assistant for Operational Support, Executive
Director for Elementary Curriculum, Executive Director for Secondary Education,
Executive Director for Pupil Personnel Services and all other employees of the
Amherst-Pelham Public Schools.

ARTICLE III

ARTICLES GOVERNING COMPENSATION AND OTHER CONDITIONS OF EMPLOYMENT

The Superintendent shall
ensure that a written copy of this contract, including Articles governing
compensation and other conditions of employment for administrative employees,
is sent to all members of the Association. A master copy of the negotiated
contract will be signed and dated by the Superintendent and the then President
of the Association and will be maintained for reference of the Association and
Committee in the office of the Superintendent. No Article of this contract
which is in effect on the effective date of this contract shall be revised or
new policies regarding compensation or conditions of employment shall be
established except as provided in Article IV of this contract.

ARTICLE IV

CHANGING THE PROVISIONS OF THIS CONTRACT DURING ITS
TERM

The parties agree that all
negotiable items have been discussed during the negotiations leading to this
Agreement, and, therefore, agree that negotiations will not be re-opened on any
item, whether contained herein or not during the life of the Agreement, unless
mutually agreed to by both parties. Neither the creation of new provisions, nor
the abolishment nor revision of Articles of this contract may be implemented by
the Committee during the term of this contract unless the Association agrees to
such creation, abolishment or revision. However, during the term of this
contract, both the Association and the Committee may propose negotiations
leading to new provisions, the abolishment or revision of Articles of this
contract, or sections thereof. Neither party is obliged to consider such
proposals. If both parties agree to negotiated changes in this contract during
its term and if changes are agreed to by both parties, such changes will be
implemented in a manner mutually agreeable and effective on a specified date
mutually agreeable. Such changes will be signed by both the Superintendent and
the then President of the Association and filed in the Superintendent's office
with the master copy of this contract. If either the Association or Committee
does not ratify the proposed change, it shall not be implemented during the
term of this contract. For the purposes of this Article, the negotiation of
changes in any Article or section thereof shall leave unaffected other Articles
or sections thereof.

ARTICLE V

NEGOTIATIONS PROCEDURE/DURATION

A.
This Agreement shall continue in full force and effect from July
1, 200 4 through June 30, 2007, with wage adjustments to become
effective in
conformity with and on the dates specified in the schedule attached
hereto and
made a part of this Agreement.

B.
Collective bargaining for a new Agreement to become effective upon the
expiration of this Agreement may be reopened by either party by November 1, 2006, by giving written notice to the other party.

In the event an impasse occurs,
either party or parties jointly may petition the State Board of Conciliation
and Arbitration to initiate fact finding in accordance with Chapter 150E of the
General Laws of Massachusetts.

C.
If negotiations for a successor Agreement are not completed by
June 30, 2007, the provisions of this Agreement will remain in full
force and effect until
said successor agreement is executed.

D.
In cases involving complete agreement, a proposed contract will be adopted
by the Committee at its next regular meeting after the Agreement has been
defined and ratified by an official vote of the Association.

ARTICLE VI

GRIEVANCE PROCEDURE TO BE UTILIZED IN DISPUTES OVER
INTERPRETATION OF PROPER IMPLEMENTATION OF POLICIES ASSOCIATED WITH THIS
CONTRACT

It is conceivable that
disputes may arise over the interpretation and proper implementation of
policies associated with conditions of employment for administrators in the
Amherst-Pelham Region, Amherst and Pelham School Districts. Any such dispute
will be known as a grievance procedure. Grievances involving the suspension
and/or discharge of an administrator will not be subject to the provisions of
this Article. Appeals to the suspension and/or discharge of an administrator are
subject to Chapter 71, Sections 42 and 42D of the M.G.L. as amended by the
Education Reform Act of 1993.

A.
A member with a grievance must discuss it with his or her immediate
supervisor and/or person involved directly with the objective of resolving the matter
informally within three (3) days of its presentation.

B.
If the grievance is not resolved informally, the petitioner shall notify
the immediate supervisor and, if the petitioner wishes to pursue the grievance,
it shall be reduced to writing and submitted to the Superintendent of Schools.
The Superintendent shall schedule a meeting to occur within five (5) working
days of receiving the grievance petition. Such grievances shall be submitted
to the Superintendent within thirty (30) working days following the date when
the administrators knew or should have known of the event giving rise to the
grievance.

C.
The meeting shall be held for the purpose of presenting and receiving
the petitioner's grievance. Those attending this meeting will include the
Superintendent of Schools, the petitioner, and the Chairman of the APAA
Grievance Committee.

D.
The Superintendent of Schools shall render a decision on the grievance
in writing and present it to the petitioner and APAA within five (5) working
days of receiving the grievance.

E.
If the petitioner and/or APAA are not satisfied with the decision
rendered by the Superintendent of Schools, an appeal may be filed in writing
with the School Committee of the school district which is the major employer of
the petitioner. This appeal will be received at the next scheduled meeting of
the School Committee following the decision rendered by the Superintendent of
Schools.

F.
At the next School Committee meeting following the meeting at which the
appeal was received, the School Committee shall hold a hearing on the
grievance. The hearing shall be attended by the School Committee, the
Superintendent of Schools or designee, the petitioner and the Chairman of the
APAA Grievance Committee.

G.
The School Committee shall render a decision at the next School
Committee meeting following the meeting at which the hearing was held. The
decision shall be in writing and a copy shall be given to the petitioner and
the APAA.

H.
If the decision of the School Committee is not satisfactory, the APAA
may file the grievance, within ten (10) working days of the decision, with the
American Arbitration Association for resolution under its applicable rules.
The expense of the arbitrator shall be shared equally by the Committee and the
Association.

I.
The arbitration award shall be final and binding upon the School
Committee, the APAA and the petitioner.

J.
Nothing contained herein is intended to exclude additional
observers/advisors for either the member presenting the grievance or other
parties to the grievance in all meetings outlined above.

K.
Emergency procedure: If in the
opinion of the petitioner, the APAA, or the School Committee, a situation
arises which demands immediate attention, the petitioner or APAA will be
granted a meeting with the School Committee within ten (10) working days after
a written definition of the emergency and the grievance is delivered to the
Superintendent of Schools and the President of the Association. The procedure
would then follow steps F, G, and H above.

L.
All documents, communications, and
records dealing with the processing of a grievance shall be filed separately
from the personnel files of the participants.

ARTICLE VII

DURATION OF THIS CONTRACT

This contract
becomes
effective July 1, 2004. The contract shall continue in force through
June 30, 2007. Modifications of the contract and/or partial waiving of
its contents prior
to the stated expiration date can be accomplished only if both the
Association
and the Committee agree to such in writing.

ARTICLE VIII

SALARY SCHEDULES

A.
The salary schedules negotiated for 2004-2005, 2005-2006, and 2006-2007
are attached to this contract as Appendix A. It is agreed that these salary
schedules represent the following annual percentage increases to the salary
schedule: 2004-2005 - 1.5% retroactive, 2005-2006 - 2.5%, 2006-2007 - 3.5%.

B.
The committee agrees to arrange for the direct bank deposit of salary
payments, but retains the right to determine the mechanics and procedures
including but not limited to the selection of the primary banking agent.

ARTICLE IX

INSURANCE, RETIREMENT, AND LONGEVITY BENEFITS

Section 1. Health and
Life Insurance

The
Committee shall assume responsibility for payment of the percent of a group
insurance contract as determined for the total group to which employees belong,
or a like dollar amount to a contract with an approved health maintenance
organization, payment of the same percent of a group life insurance contract in
accordance with the provisions of Chapter 32B of the Commonwealth Laws. The
Committee will provide a tax-free dollar plan for Health and Life Insurance
premium deductions.

Section 2. Retirement
Benefit

A.
$2500 increment will be granted in his/her last year of employment to
any administrator who retires from the school system under Massachusetts retirement
or disability laws provided that:

1.
The administrator has been employed in any professional capacity fifteen
or more years in the Amherst, Pelham, and/or Regional Public Schools, and

2.
The administrator provides the Superintendent with a written notice of
intent to retire by December 1st of the school year prior to his/her last
employment year.

This retirement increment shall not be considered regular
earnings under Chapter 32 of the Massachusetts General Laws.

Section 3. Term
Life Insurance

The School Committee shall
provide term life insurance for administrators with individual coverage to be
limited by the employee's total annual salary. The School Committee and
employee shall each pay 50% of the premium cost. Participation in this benefit
is voluntary on the part of the employee.

At the administrator's
option, the coverage will be upgraded on the first anniversary following the
effective date of a new contract to reflect the administrator's salary for the
following school year.

Section 4. Longevity
Benefit

A longevity benefit increment
will be added to the salary of each administrator who has been employed by the
Committees for at least 13 years according to the following scale:

A. Schedule beginning with the 2003-2004
Contract Year and beyond shall be:

The beginning of the 10th
- 13 years $955

The beginning of the 14th
- 18th years $1273

The beginning of the 19th
year - 23 years $1591

The beginning of the 24th
year + $1910

Section 5. Early
Retirement Benefit

A bargaining unit member who
has completed twenty (20) or more years of service with the Committee, who
intends to retire and gives such written notice to the Superintendent on or
before December 1 of the calendar year prior to the school year in which
retirement will take place, who gives such notice prior to reaching age
sixty-two (62) shall be entitled to a one-time payment as an incentive to
retire. This payment will be in addition to the retirement benefit in Article
IX, Section 2. This one-time payment will be made on or before July 30 of the
calendar year in which retirement takes place. The retirement incentive
payment made under this provision will not be considered regular earnings under
Massachusetts General Law, Chapter 32.

The one-time payment will be
a percentage of the difference between the employee's regular annual salary at
the time of retirement and the first step of the level on the Administrative
Salary Schedule to which the employee is currently assigned. The following
percentages will apply:

Age upon retirement

Percentage

54 and younger

100%

95%

90%

85%

80%

70%

60%

50%

63 and older

ARTICLE X

PROFESSIONAL GROWTH

Section 1. Membership in
Professional Organizations

The School committees shall
pay the membership fee of one professional education organization for each
member of the administrative staff.

A. Each
administrator shall designate annually the organization of his/her choice.

B. The
organization must be related to his/her administrative assignment, and be one
which is approved by the Superintendent.

C. It is the
responsibility of each administrator to provide timely budget information
annually to assure funding of membership fees.

Section 2. Professional
Travel

A.
As part of professional and system-wide growth and improvement, each
system administrator will be encouraged to attend a regional or a national
conference on a regular basis. Time shall be authorized each year for
administrators to participate in such conferences. Specific times to be used
for this purpose shall be subject to approval by the Superintendent.

B.
The appropriate School Committee may provide reimbursement to
administrators for expenses incurred in attending such conferences according to
the following guidelines:

1.
The conference or convention must be related to the administrator's
assignment, and is subject to the approval of the Superintendent.

2.
Each administrator will submit a tentative cost for the proposed
conference before November 1 of the preceding fiscal year for budget purposes.

3.
The School Committee shall annually designate the sum of two thousand
dollars ($2000) specifically for each administrator to use in accordance with
this policy.

In addition, the School Committee
will establish a $3,000 pool of money each contract year to be distributed
among those Administrators whose professional travel expenses exceed the
above-stated amounts. This pool of money will be distributed at the discretion
of the Superintendent.

C.
Any administrator whose regularly assigned duties require travel in
excess of one mile between school buildings shall be compensated for such
travel at the rate authorized by the IRS in each calendar year.

Section 3. Professional
Growth Programs

A.
The Association recognizes the obligation of each member to pursue a program
of professional growth, which will be reviewed annually by the Superintendent.
The Association will offer its members at least one professional growth program
each year toward meeting this need.

B.
The Committee shall be responsible for travel, meals, lodging, and fee
expenses incurred by administrators in connection with attendance at
conferences, meetings and other events undertaken as part of their professional
responsibilities when their participation in such events is required by the
Committee or the Superintendent

C.
The Committee shall annually designate a sum of money for professional
growth programs. The School Committee will budget $2000 per year for such
purpose.

D.
Each administrator with a doctorate shall be entitled to an annual lump
sum amount of two thousand dollars ($2000) beginning in the 2002-2003 contract
year.

ARTICLE XI

VACATIONS AND HOLIDAYS

Section 1.

A.
All administrators are entitled to twenty-two (22) days of vacation
annually to be scheduled through and subject to approval by the
superintendent's office. Unused vacation shall be cumulative to a maximum of
forty-four (44) days.

B.
Upon completion of fifteen (15) years of service in the local school
systems, administrators will be eligible for twenty-seven (27) days of vacation
annually, cumulative to a maximum of 54 days.

C.
Any administrator requesting 30 or more vacation days for use at one
time, shall submit such request to the Superintendent at least 6 weeks in
advance of the date on which such vacation use is proposed to begin.

Section 2.

A. The following days shall be recognized as legal holidays:

New Year's Day

Memorial Day

Veteran's Day

Martin Luther King Day

Independence Day

Thanksgiving Day

President's Day

Labor Day

Day after Thanksgiving

Patriot's Day

Columbus Day

Christmas

B. Whenever one of the holidays set forth in the above section
falls on:

1.
Saturday - the preceding day shall be the legal holiday (except when
classroom sessions are being held in schools).

2.
Sunday - the following day shall be the legal holiday.

ARTICLE XII

LEAVES

Section 1. Sick
Leaves

A.
Sick leave is intended to provide insurance against loss of income due
to personal illness.

B.
Each member of the administrative staff shall be entitled to eighteen
(18) days of sick leave with full pay per contract year. Each eighteen (18)
days of sick leave shall exist as of the date of contract, provided that the
administrator is present to assume his/her contractual obligations. In the
event of non-appearance caused by accident or illness, such administrator's pay
may be withheld, with due notification to the person, pending the assumption of
contractual responsibility.

C.
Such sick leave shall be cumulative to 245 days.

D.
Absence by reason of death or critical illness in the immediate family
shall not be charged against sick leave.

E.
A bargaining unit member who has completed twenty (20) or more full
years of service with the Committees, will, upon voluntary termination of
employment, and if their accumulation of sick leave is at least 140 days, be
compensated for their unused accumulated sick leave at the rate of twenty-five
dollars ($25) per day. A voluntary termination will be limited to retirement
and/or a normal resignation resulting from another employment opportunity.

F.
Employees are permitted to use eighteen (18) days of sick leave for the
following:

1.
Birth of a child if the employee is the non-birth parent;

2.
Adoption of a child (if two [2] staff members are parents of the child,
only one of the parents may use sick leave.)

Employees are
permitted to use up to ten (10) days for the following:

3.
Serious medical condition of a family member within the scope of the
FMLA;

4.
Serious medical condition for an individual where the employee is needed
to care for them.

In the case of Sections a and b
above, the employee and supervisor may agree that such leave may or may not be
continuous.

In those cases involving Sections c
and d above, the employee must produce a completed Department of Labor
certification of serious health condition for the family member or individual
before using the sick leave.

Section 2. Personal Leave

A.
Up to three (3) days per year of personal leave will be allowed for each
full-time member of the administrative staff. Such personal leave will not be
charged against sick leave.

B.
Additional personal leave, up to a combined maximum of eighteen (18)
days per year may be granted by the School Committee. Such additional leave is
normally charged against sick leave at the discretion of the School Committee.

C.
Personal leave will be used to take care of problems or business for
which absence is not authorized under any other portion of the personnel
policies and will be granted without reference to the specific nature of the
request.

D.
The above policy shall not be used to gain extended vacation.

E.
Personal leave shall not be cumulative.

F.
Small Necessities Leave - An employee eligible for FMLA leave shall be
entitled to up to twenty-four (24) hours of leave per contract year as provided
by G.L. x. 149, §52D; a copy of the law may be obtained from the
Superintendent's office. When an eligible employee takes such leave, such
leave shall be deducted from personal leave.

Section 3. Family Medical Leave Act

A.
Parental Leave of Absence

1.
A parental leave of absence shall be granted upon request to any employee
for the purpose of giving birth to and/or rearing a newly born infant.
Further, a parental leave of absence shall be granted upon request to any
qualifying employee for the purpose of the adoption, the foster placement,
and/or rearing, or a newly adopted, or newly placed foster child seven (7)
years of age or younger, or in the case of a child who is physically or
mentally disabled, twenty-two (22) years or younger.

In order to
qualify for the parental leave of absence:

a.
As soon as practicable after the female employee determines that she is
pregnant, she shall inform the Superintendent.

b.
The employee must intend to return to work at the conclusion of the
leave of absence.

c.
The employee shall notify the Superintendent, in writing, at least 45
school days prior to the probable date said leave or disability is to commence
or as soon as is practicable. At the time of the notification, the employee
shall select, in writing, one of the following options, if applicable:

1.
Extended leave without pay not to exceed one year beyond the school year
in which the leave commenced. A female employee is entitled to use sick leave
benefits for certified disability resulting from childbirth and recovery
therefrom during the period of this leave. Up to the first twelve (12) weeks
of such leave shall be considered leave pursuant to the Family Medical Leave
Act (FMLA), if the employee were eligible[1]
for FMLA leave.

2.
Leave of twelve (12) weeks duration pursuant to the Family Medical Leave
Act of 1993 (FMLA Leave), depending upon the employee's eligibility. A female
employee is entitled to use sick leave benefits for certified disability
resulting from childbirth and recovery therefrom during the period of this
leave. If the employee is not eligible for FMLA leave and does not want an
extended leave of absence, she is entitled to leave the length of her
disability period, or eight (8) weeks leave pursuant to G.L. c. 149, § 105D.

3.
A male employee may use up to eighteen (18) days of personal leave
during a FMLA leave pursuant to Section 2 (b) of Personal Leave.

4.
An employee on an extended leave pursuant to Section c (1) may return to
work at the beginning of a school year or the beginning of the second semester.

5.
While an employee is on paid sick leave or FMLA leave, the Committee shall
continue its contribution toward the employee's health insurance premium,
provided that the employee makes timely payment of his/her contribution toward
the health insurance premium. An employee on an unpaid, non-FMLA leave of
absence may continue his/her insurance coverage during the leave of absence
provided that he/she pays 100% of the monthly premium.

6.
Notice of Return to Work

(a)
Extended leave: An employee on an extended leave pursuant to Section 1
(c) (1) above shall notify the Superintendent by March 1 (if she/he were
scheduled to return at the beginning of the school year) whether or not she/he
is going to return to work at the beginning of the school year. An employee on
an extended leave pursuant to Section 1 (c) (1) above shall notify the Superintendent
by September 1 (if she/he were scheduled to return at the beginning of the
second semester) whether or not she/he is going to return to work at the
beginning of the second semester.

(b)
FMLA leave: An employee on FMLA leave shall notify the Superintendent
at least four (4) weeks prior to his/her scheduled date of return from leave
whether or not she/he intends to return to work.

B.
FMLA Leave for Serious Health Condition

1.
An eligible employee may be entitled to up to twelve (12) weeks of
unpaid leave of absence per contract year due to his/her own serious health
condition or the serious health condition of a member of his/her immediate
family. Fact sheets from the Department of Labor which describe the terms of
this leave are available from the Superintendent's office.

2.
An eligible employee shall apply in writing for such leave at least four
(4) weeks in advance of such leave, unless extenuating circumstances prevent
such notice, in which case the employee shall provide as much notice as
possible. As part of the application, the employee shall submit a Department
of Labor certification of a health care provider. Copies of this form are
available from the Superintendent's office.

3.
While an employee is on approved FMLA leave, the Committee shall continue
its contribution toward the employee's health insurance, if the employee is
insured through school department provided that the employee makes timely
contribution toward the health insurance premium.

4.
The employee shall utilize all sick leave and vacation concurrently with
the FMLA leave.

5.
Prior to an employee's return from FMLA related to his/her own serious
health condition, the Superintendent may require a fitness for duty certificate
from the employee's health care provider.

Section 4. Special Leave

A.
Special leave will be granted by the Superintendent for up to a maximum
of four (4) days in any one contract year, by reason of critical illness or
death in the immediate family of the administrator or of the administrator's
spouse. "Immediate family" shall be interpreted to include parents
(including foster parents), sister, brother, daughter, son, grandparents,
grandchildren or a member or a former member of the immediate household. Such
special leave shall not be charged against sick leave.

B.
Special leave will be granted for the observance of religious
obligations upon prior notification to the Superintendent.

Section 5. Job Related Assault/Injury Protection

A.
Administrators shall report immediately to the Superintendent, in
writing, all cases of assault suffered by them in connection with their
employment. The alleged assault will be promptly investigated by the
Superintendent. Nothing in this provision shall preclude the reporting of such
assault to the police and/or the court by the Superintendent and/or the
Administrator assaulted. If criminal or civil proceedings are brought against
an administrator alleging that a physical assault was committed while acting
within the scope of official duties or employment, the Committee will furnish
and select legal counsel to defend the administrator in such physical assault
proceeding, if so requested. If the administrator desires to bring criminal or
civil proceedings in connection with an alleged assault suffered while acting
within the scope of official duties or employment, such administrator may
request the Committee to furnish and select legal counsel to represent the
administrator in such proceedings. If the Committee does not provide such
counsel and the administrator, after having requested in writing, prevails in
the proceedings, then the Committee will reimburse the administrator for
reasonable counsel fees incurred.

B.
Whenever an administrator is absent, as a result of personal injury
compensable under the Massachusetts Workers' Compensation received through the
above-referenced Massachusetts Worker's Compensation Law, he/she shall be paid
full salary, reduced by any compensation received through the above-referenced
Massachusetts Workers' Compensation Law, with the difference between the administrator's
full salary and the amount received through Workers' Compensation is charged to
accumulated sick leave. In any event, the administrator will not receive total
compensation under this provision in excess of the administrator's regular
salary for the period of disability.

C.
The committee will reimburse administrators for reasonable costs for:

1.
Any clothing or other personal property damaged or destroyed in
connection with such personal injury due to assault occurring in the course of
employment less the amount of any insurance reimbursement; and

2.
The cost of medical, surgical or hospital service (less the amount of
any insurance reimbursement) incurred as the result of any injury due to
assault sustained in the course of employment.

Section 6. Professional Leave

A.
Eligibility

1.
Up to one (1) year of leave for professional improvement may be granted
to any member of the administrative staff who will have been employed in this
system in any professional capacity for six (6) years at the beginning of the
proposed leave, and who has not had such a leave during that period.

2.
Ordinarily no more than two administrators may be granted leave within
any contract year, and no more than one at a time from any of the following
categories: elementary, secondary, central.

3.
Special requests may be made to the School Committee for a waiver of any
portion of this section of the professional leave policy.

B.
Application and Review

1.
Proposals for professional leave shall be submitted to the School
Committee through the Superintendent in time for discussions of the following
year's budget. The Superintendent shall receive such proposal by November 1
preceding the school year in which such leave is proposed to commence. The
Superintendent shall ensure that provisions for any proposed administrative
professional leave are included in his budget proposal to the appropriate
School Committee.

2.
Professional leave is intended to be of benefit to the school district
and may be granted for the following purposes:

a.
Graduate study relating to the applicant's professional responsibilities
at an accredited institution of higher education.

b.
Research or investigation of new methods, techniques, or materials which
show promise of improving education in this school district.

c.
Research and/or writing leading to an advanced degree and/or
publication.

d.
Travel for the purpose of work, study or professional improvement.

3.
Proposals for professional leave shall conform to the following format:

a.
A statement of purpose related to one or more of the purposes of Section
6 (b) (2).

b.
A description of plans, calendar and itinerary as specific as possible.

c.
An explanation of how the professional leave, if granted, will be of
benefit to the school district.

4.
In the event the Committee disapproves a proposal for professional
leave, the Committee shall, in writing, detail to the applicant the grounds for
disapproval.

C.
Implementation

1.
Compensation for such leave shall ordinarily be:

a.
at full pay for one-half year, or

b.
at half pay for one full year.

2.
A member of the administrative staff accepting such a leave
shall enter
into a written agreement with the School Committee in accordance with
the
provisions of Chapter 71, Section 41A of the General Laws of the
Commonwealth of Massachusetts requiring for a minimum period of
employment of twice the
length of leave after the leave is completed.

3.
Failure to fulfill the terms of the approved proposal may result in
forfeiture or reimbursement to the Amherst-Pelham Regional School District of the amount of salary paid for the period of leave.

4.
Receipt of scholarship aid, research grants, or supplementary income
from other sources related to leave shall not influence payment of salary for
the period of leave.

Section 7. Leave Without Pay

Any person who has served as an administrator in the system
for at least one full year, may be granted up to one year's leave of absence
without pay for justifiable reasons.

A.
Such leave may be renewable at the discretion of the School Committee in
periods not to exceed one year.

B.
An individual on leave must indicate to the Superintendent no later than
March 1st, his/her intent for the coming contract year. Failure to comply with
this provision may result in loss of employment in the system.

C.
The granting of such leave shall not alter the administrator's status in
the system except that the period of leave may in exceptional cases be counted
in the computation of time in service for the purpose of advancement on salary
schedule, but may not be used in the awarding of tenure.

ARTICLE XIII

PROCEDURES FOR CHANGING OF ADMINISTRATIVE STAFF
POSITIONS

The Association recognizes
the right of the Committee to:

A. create new administrative positions.

B. establish duties of such new positions.

C. determine placement of such new positions within the appropriate
level of the

administrative salary schedule.

D. Determine placement of an individual at the appropriate step
within that level

However, the Committee agrees
that before a decision is made with regard to points A, B or C above, it will consult
with the Association.

Additionally, the
Association
and the Committee agree that the existing management structure of the
School Districts represents a reasonable staffing and task
responsibility arrangement for
administering and managing the school system. The Association
recognizes the
right of the Committee to alter the existing administrative structure.
Changes
in the existing structure which significantly alter the conditions of
work and
responsibility of any administrator will be discussed with the
Association. The
Association will have the right to bargain over the impact of these
changes,
provided a timely demand to bargain is made to the School Committee by
the
Association.

ARTICLE XIV

REDUCTION IN ADMINISTRATIVE STAFF

In the event the School
Committee determines that a reduction in administrative staff may be necessary,
the release of administrators shall be in compliance with applicable statutes
of the Commonwealth of Massachusetts and in accordance with the following
provisions:

A.
The Committee and the Association shall annually review the
administrative structure of the school districts and shall report publicly at
the regular December meetings of the School Committees. Such a report shall
include an announcement of any anticipated or contemplated reductions in
administrative staff.

B.
Any administrator whose administrative contract is terminated, as the
result of a RIS decision, shall receive a written notice within ten (10)
calendar days stating the administrator's release from his or her
administrative assignment was due solely to a reduction of administrative
staff.

C.
Any administrator whose contract is terminated, as the result of a RIS
decision, shall be allowed to complete his or her present contract year.

D.
If the School Committee acts to abolish an administrator's position, the
following terms shall be put into effect:

1.
Any administrator, released due to RIS, who holds professional status as
a teacher in the school system shall retain all rights pertaining to teachers
with professional status at the time of release. Any such administrator
receiving a teaching appointment shall be placed on the teachers' salary
schedule at the appropriate step and/or level, taking into account both years
of teaching and administrative experience

2.
Any administrator, released due to RIS, who is offered and accepts
another professional position in the school district at a lower (yearly) salary
schedule, shall be employed by the District for the summer immediately
following the reduction. Remuneration for the summer employment shall be at
the per diem rate calculated from the administrator's former yearly salary.

Said summer remuneration shall not
increase the current fiscal year total remuneration beyond the administrator's
former salary. Every effort will be made to employ the former administrator
during the summer subsequent to reduction as many days as possible in order to
approximate the administrator's former yearly salary.

3.
Any administrator, released due to RIS, who is not offered another
professional position in the district for the following year and who has held a
professional position in the district for more than ten (10) years shall
receive a retirement benefit of $2000 added to their salary for the remainder
of their administrative appointment.

4.
Any administrator, released due to RIS, who is offered another
professional position in the district but who does not accept that position,
releases the School Committee from any financial obligation for either
transactional or retirement pay subsequent to the reduction.

5.
Any administrator released due to RIS while on professional leave shall
be held blameless by the School Committee and shall be released from the
obligation stipulated by Chapter 71, Section 41A.

E.
All provisions of this policy affect only those administrators holding
regular administrative appointments, and do not apply to positions which are
temporary or have been vacated. However, prior to taking any action to abolish
a temporary or vacated position, the Committee will provide at least two weeks
notification to the APAA to provide for consultation on any such proposed
action.

ARTICLE XV

NO STRIKE CLAUSE

During the term of this
Agreement, the parties hereto agree that there shall be no strikes of any kind
whatsoever, work stoppages, withholding of services, slowdowns, or interference
or interruption of the operation of the School Department by any employees or
the Association..

Nor shall there by any strike
or interruption of work during the term of this Agreement because of any disputes
or disagreements between any other persons (or other employers or unions) who
are signatory parties to this Agreement.

Employees who violate this
provision shall be subject to disciplinary action, including discharge, and any
claim by either party against the other of a violation of this article shall be
subject to arbitration as provided for on Page 4 of this Agreement.

ARTICLE XVI

ADMINISTRATIVE RIGHTS AND RESPONSIBILITIES

Section 1. Administrative
Responsibilities

The responsibilities of each
administrative position shall be contained in a written position description
prepared in consultation with the affected administrator and maintained by the
Superintendent. Each administrator shall be provided a copy of his/her own
position description. These position descriptions may be modified only after
consultation with the affected administrator and his/her supervisor.
Modifications in particular position descriptions which result from change in
administrative structure must be made in accordance with the procedures set out
in Article XIII of this Agreement.

Section 2. Administrative
Consultation Policy

A.
During collective bargaining processes between the School Committee and
any other school employee group, administrators who will be responsible for and/or
affected by the implementation of any proposed policy will be consulted for
advice and counsel by the Committees. This consultation shall take place
through the Superintendent utilizing the established management structure of
the school system. This consultation will be sought prior to the final
ratification of such policies.

B.
Before final decisions are made regarding modification of the programs
or buildings, the administrators who will be responsible for and/or affected by
the proposed changes will be consulted. This consultation may take place
through the existing management structure.

Section 3. Complaint Procedures

A.
The Association recognizes the right of all concerned parties to bring
complaints to the appropriate administrators.

1.
In each instance, the complainant will be encouraged to refer that
complaint directly to the administrator against whom the complaint is made.

2.
If resolution is not achieved by the two parties, resolution will be
sought through established administrative procedures.

3.
If the complainant is not willing to seek resolution with the involved
administrator, and if the complaint is considered sufficiently serious, the
complaint may be brought to the attention of the administrator's immediate
supervisor or the Superintendent who may initiate inquiry according to
established procedures. The immediate supervisor or Superintendent may request
a meeting with either or both of the two parties to seek resolution.

B.
Established procedures will be followed toward resolution of authorized
complaints. Memoranda or other documents regarding a complaint should provide
the fullest possible detail.

1.
A complaint will be considered anonymous if the complainant is not
identified to the affected administrator.

2.
Anonymous complaints will not be forwarded in writing, will not in any
way be recorded, and will not in any way be considered in the formal or
informal performance evaluation of administrators.

ARTICLE XVII

PRORATION OF BENEFITS

Employees covered by this
agreement who are employed part-time or who do not complete a full contract
year will have the following benefits prorated based on actual time worked as
an administrator per day and/or year. The benefits to be prorated are salary,
retirement, (increment and incentive) vacation, sick leave, personal leave and
special leave.

ARTICLE XVIII

CORI CHECKS

The parties agree that, pursuant to M.G.L. c.71, 38R,
Criminal Offender Record Information ("CORI") checks will be conducted every
three (3) years for employees covered by this Agreement. An individual's
record may be checked on a more frequent basis, with reasonable cause.

The Superintendent or a Central Office administrator
designated by him/her will be the only persons authorized to request CORI checks.

A copy of an individual's CORI report will be available to
the employee upon request. If the CORI request shows any activity, a copy
will be immediately forwarded to the employee.

All CORI reports will be maintained in the
Superintendent's office, in separate confidential files.

Any
disciplinary action taken as a result of CORI checks will be in
accordance with the terms of this Agreement and/or applicable state law.

ARTICLE XIX

RATIFICATION

IN WITNESS WHEREOF the parties to this contract have caused these
Agreements to be executed by their agents hereunto duly authorized.

SCHOOL COMMITTEES AMHERST-PELHAM

ADMINISTRATOR'S
ASSOCIATION

By
By

______________________________________
______________________________________

Date__________________________________
Date__________________________________

ADMIN CONTRACT 2006/07

ADMIN CONTRACT 2005/06

ADMIN CONTRACT 2004/05

STEP

$60,385

$63,426

$58,343

$61,281

$56,920

$59,786

$62,495

$65,620

$60,382

$63,401

$58,909

$61,855

$64,602

$67,831

$62,417

$65,537

$60,895

$63,939

$66,713

$70,050

$64,457

$67,681

$62,885

$66,030

$68,816

$72,256

$66,489

$69,813

$64,867

$68,110

$70,922

$74,469

$68,524

$71,951

$66,853

$70,196

$73,028

$76,674

$70,558

$74,081

$68,837

$72,274

$75,283

$79,048

$72,737

$76,375

$70,963

$74,512

$77,562

$81,439

$74,939

$78,685

$73,111

$76,766

$79,837

$83,826

$77,137

$80,991

$75,256

$79,016

$82,353

$86,464

$79,568

$83,540

SCHOOL YEAR SALARIES

ADMIN CONTRACT 2006/07

ADMIN CONTRACT 2005/06

ADMIN CONTRACT 2004/05

STEP

$49,005

$51,473

$47,348

$49,732

$46,193

$48,519

$50,717

$53,254

$49,002

$51,453

$47,807

$50,198

$52,427

$55,048

$50,654

$53,186

$49,419

$51,889

$54,141

$56,848

$52,310

$54,926

$51,034

$53,586

$55,847

$58,639

$53,958

$56,656

$52,642

$55,274

$57,556

$60,435

$55,610

$58,391

$54,254

$56,967

$59,265

$62,223

$57,261

$60,119

$55,864

$58,653

$61,095

$64,150

$59,029

$61,981

$57,589

$60,469

$62,944

$66,091

$60,815

$63,856

$59,332

$62,299

$64,791

$68,028

$62,600

$65,728

$61,073

$64,125

$66,833

$70,170

$64,573

$67,797

Level I: Elementary
Assistant Principals, Middle School Assistant Principals, Food Services
Director, Athletic Director

Level II: High School
Assistant Principals, Special Education Administrators, Student Services
Administrator

MEMORANDUM OF AGREEMENT

Administrator's Committee on Performance Pay

The Amherst-Pelham Regional School Committee, the
Amherst
School Committee and the Pelham School Committee (hereinafter the
Committees)
and the Amherst-Pelham Administrator's Association (hereinafter the
Association), as part of the terms of settlement of a collective
bargaining
agreement dated September 1, 2004 to August 31, 2007, hereby agree to
authorize a committee charged with studying and proposing a
performance-based
compensation plan to be negotiated during the term of this agreement
and
implemented in FY2007, as part of successor negotiations.

Said study committee will consist of a number of members of
the Association, as deemed appropriate by the Association, but should represent
all segments of the bargaining unit, including elementary, secondary and
special education staff. The Committee may also consist of up to two (2)
representatives of the Committees, which may include central office and/or
School Committee members. The committee will select its own Chair, assign
tasks among its membership, and establish an agreed upon method of decision
making. The Committee may include consultants or other representatives on a
non-voting basis.

It will be the responsibility of this committee to review
evaluation, development, and compensation models and to propose a new
evaluation process, professional development and compensation model, designed
in relation to established and agreed upon standards of expectations and
performance. The product of this endeavor should include provisions for
ongoing supervision, task training and development, as well as the opportunity
for administrators to advance his/her learning and development. The Committee
is specifically encouraged to investigate evaluation options for individuals in
their first years of employment, as well as for those who are in the middle and
later stages of their professional careers. The committee is further
encouraged to develop a multi-year evaluation process that, consistent with
applicable state and federal statutes and regulations, encourages
self-evaluation, confidential peer coaching, and study projects as components
of the overall performance-based compensation program.

The committee will prepare a proposal for
negotiation by the
Association and the Committees, and is expected to complete its work by
September 15, 2006. No modification of the current system of
evaluation will be
implemented until the negotiation process is complete, and the agreed
upon
changes have been reduced to writing and ratified by the Committees and
by the
Association. At that time, the parties agree that any previous
compensation
and evaluation plan will have been superseded by the new agreement. The
School Committees agree to provide a stipend of up to $1,000 to the Chair of
the study committee and to provide mutually agreeable central office
secretarial support.

[1] An eligible employee for purposes of the FMLA is an
employee who has worked for the school systems for one year or more prior to
the request for a leave of absence and who, during the course of that year,
worked more than 1250 hours.

Printer-friendly version

Last updated October 11, 2008