Somerville

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DistrictSomerville
Shared Contract District
Org Code2740000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2016
Expired Status
Superintendency Union
Regional HS Members
Vocational HS Members
CountyMiddlesex
ESE RegionGreater Boston
UrbanUrban Supt Network
Kind of Communityurbanized centers
Number of Schools11
Enrollment4842
Percent Low Income Students68
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Somerville

March 5, 2014

MEMORANDUM OF AGREEMENT

BETWEEN

THE SOMERVILLE SCHOOL COMMITTEE

AND

THE SOMERVILLE ADMINISTRATORS ASSOCIATION,

FOR A COLLECTIVE BARGAINING AGREEMENT

COMMENCING JULY 1, 2013

ARTICLE REFERENCES ARE TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE PARTIES THAT EXPIRED ON JUNE 30, 2013. ALL PROVISIONS OF THIS MEMORANDUM OF AGREEMENT SHALL BE EFFECTIVE AS OF JULY 1, 2013, EXCEPT AS PROVIDED FOR BELOW. EXCEPT AS MODIFIED BY THIS MEMORANDUM OF AGREEMENT, ALL OTHER PROVISIONS OF THE COLLECTIVE BARGAINING AGREEMENT THAT EXPIRED ON JUNE 30, 2013 SHALL BE CARRIED FORWARD INTO THE NEW COLLECTIVE BARGAINING AGREEMENT.

ARTICLE IV - SALARIES

A.        Page 14, Section 4: Insert a new Section 4(C) as follows:

"Effective July 1, 2014, an Administrator will move from the Master's+45 lane to the Master's+60/CAGS lane, if s/he has earned at least fifteen (15) additional credits beyond Master's+45 in pre-approved courses, including in-service courses, workshops or seminars, or has earned a Certificate of Advanced Graduate Studies, provided that credits beyond a Master's+45 in graduate-level courses and Certificates of Advanced Graduate Studies earned from an accredited university prior to July 1, 2014 also shall count as part of the fifteen (15) additional credits for purposes of moving from the Master's+45 lane to the Master's+60/ CAGS lane. To be eligible to move to the Master's 60/CAGS lane as of July 1, 2014, a bargaining unit member must have submitted satisfactory evidence to the Superintendent by no later than July 1, 2014."

ARTICLE V - WORK DAY AND WORK YEAR

A.        Page 17: Rewrite Section 1 as follows:

Section 1.       Administrators are expected to work on days when school is in session, a minimum of five (5) days before the start of the school year for students and a minimum of five (5) days after the end of the school year for students. No additional compensation shall be paid to any Administrator for attendance at any meetings or for performance of any administrative, supervisory or other professional duties or responsibilities without the prior written approval of the Administrator's immediate supervisor and the Superintendent.

Section 2.       All work days beyond the foregoing that are mandated during the summer recess by the Principals or Central Administrators shall be scheduled by no later than April 15 of that school year, and the Administrators shall be so notified by that date. The remaining work days are to be scheduled by each individual Administrator with the approval of his/her immediate supervisor and the Superintendent/designee. In scheduling an Administrator's remaining work days, the need for summer coverage is one factor that the Administrator's supervisor will take into account.

Section 3.        An Administrator may schedule up to two (2) days when school is in session as "non-work days," subject to the following conditions:

A.         The Administrator must request such non-work day(s) in writing, at least thirty (30) days in advance of such day(s);

B.         The Administrator must obtain written approval for such non-work day(s) from his/her immediate supervisor and the Superintendent;

C.         The Administrator must work the number of days required for his/her position under the Classification Plan, including days when school is not in session.

Section 4.        The parties agree to establish a Joint Study Committee, consisting of three (3) representatives of the Association and three (3) representatives of the School Committee to make a joint recommendation to the School Committee concerning the scheduling of Administrators on a "flex time" basis. The Joint Study Committee will complete its work prior to October 31, 2014 and will submit its joint recommendations to the parties' respective bargaining teams for negotiations and ratification by December 23, 2014."

ARTICLE IX - ADMINISTRATOR EVALUATION

A.        Page 27, Section 6: Delete and insert the following sentence:

"Administrators will be formally observed and evaluated in accordance with the educator evaluation instrument and procedures set forth in Appendix C, which are incorporated herein."

ARTICLE XII - PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT

A.       Page 32, New Section: Insert a new Section 7 as follows:

"The School Committee will make every effort to provide Administrators with notice by May 1 of all mandatory professional development activities to be held during the following July and August, or, if notice by May 1 is not feasible, with as much advance notice as possible."

ARTICLE XIII - SICK LEAVE

A.        Pages 32-33, Section 1: Insert the following new sentence: "Sick days may be taken in half-or whole-day increments."

B.         Page 35, Section 4: Insert the following new sentence: "Such days may be taken in half-or whole-day increments."

C.         Pages 35-36, Section 5: Delete references to "vacation leave," inasmuch as no bargaining unit member any longer has vacation benefits.

D.        Page 36, Section 6: Rewrite first sentence as follows:

"Subject to the requirements set forth in Article XXV, upon retirement an Administrator may buy back up to one hundred thirty three (133) one hundred forty-five (145) days of accrued sick leave at thirty dollars ($30) thirty-five dollars ($35) per day."

ARTICLE XIV - TEMPORARY LEAVES OF ABSENCE

A.        Page 37, Section 1(A): Insert the following new sentence after the first sentence, and rewrite the third sentence as follows:

"Personal leave may be taken in half-or whole-day increments. The second day, or third and fourth half-days, of personal leave shall be deducted from sick leave."

ARTICLE XX - GENERAL

1.        Page 51, Section 4: Rewrite as follows:

"The School Committee will provide the Association with an electronic copy of this Agreement for distribution Copies of this Agreement will be duplicated by the School Committee and distributed to all members of the Administrative staff by the Association."

ARTICLE XXIV - CRIMINAL OFFENDER RECORD INFORMATION POLICY

1.        Page 53, Section 1: The parties recognize that, under G.L. c. 71, §38R, as amended by Chapter 459 of the Acts of 2012, An Act Relative to Background Checks, Administrators are required to submit to state and national fingerprint-based criminal background checks at their own expense.

ARTICLE XXV - RESIGNATION

A.        Page 54, Section 1: Rewrite as follows;

"An Administrator must provide the Superintendent with at least sixty (60) ninety (90) days notice of his/her severance of employment and must sever his/her employment no earlier than June 30 of the school year of his/her resignation and no later than August 31 immediately thereafter. If an Administrator fails to provide such notice prior to resigning for purposes of retirement or fails to sever his/her employment as stated above, s/he will be ineligible to receive sick leave buyback pursuant to Article VIII(6) XIII(60) of the collective bargaining agreement, provided that the Superintendent may waive the sixty (60) day notice requirement these requirements in extenuating circumstances, which decision will not be arbitrary or capricious."

ARTICLE XXIV - CRIMINAL OFFENDER RECORD INFORMATION POLICY

1.        Page 53, Section 1: The parties recognize that, under G.L. c. 71, §38R, as amended by Chapter 459 of the Acts of 2012, An Act Relative to Background Checks, Administrators are required to submit to state and national fingerprint-based criminal background checks at their own expense.

ARTICLE XXV - RESIGNATION

A.        Page 54, Section 1: Rewrite as follows;

"An Administrator must provide the Superintendent with at least ninety (90) days notice of his/her severance of employment and must sever his/her employment no earlier than June 30 of the school year of his/her resignation and no later than August 31 immediately thereafter. If an Administrator fails to provide such notice prior to resigning for purposes of retirement or fails to sever his/her employment as stated above, s/he will be ineligible to receive sick leave buyback pursuant to Article XIII(6) of the collective bargaining agreement, provided that the Superintendent may waive the sixty (60) day notice requirement these requirements in extenuating circumstances, which decision will not be arbitrary or capricious."

ARTICLE XXVIII - DURATION

A.        Pages 55, Section 1: Amend article to provide for a three-year agreement covering the period from July 1, 2013 through June 30, 2016.

APPENDIX A, CLASSIFICATION PLAN

A.        The parties agree to amend the Classification Plan, as follows:

"EFFECTIVE JULY 1, 2013 THROUGH JUNE 30, 2014

LEVEL

POSITION

WORK DAYS

1

Department Chair-Guidance/Testing*

205

2

High School Assistant Principal

205

 

Assistant Principal for Career, Vocational and Technical Education

205

3

Coordinator-Elementary Curriculum, Instruction and Assessment (1-8)

205

 

Assistant Director-Special Education

205

 

Supervisor-Adult and Continuing Education

205

 

Elementary Assistant Principal (K-8)

205

4

Director-Athletics/Intramurals

212

 

Director-Student Services

212

5

Supervisor-Art

200

 

Supervisor-Music

200

 

Supervisor-Special Education Programs

200

 

Supervisor-Library/Media Services

200

 

Supervisor-Health/Physical Education

200

 

Supervisor-World Languages (K-12)

200

 

Department Chair-English Language Arts (9-12)

200

 

Department Chair-Mathematics (9-12)

200

 

Department Chair-Sciences (9-12)

200

 

Department Chair-Social Studies (9-12)

200

 

Department Chair Foreign Languages (K 12

200

 

Coordinator Title I

200

6

Director of Community Education

226

* Upon becoming vacant, the position of Department Chair for Guidance/Testing shall be moved from Level 1 to Level 5 on the Classification Plan, with a corresponding decrease in the annual base salary for the position. In addition, all other terms and conditions of employment for this position shall be consistent with the classification of other Grades 9-12 Department Chairs.

EFFECTIVE JULY 1, 2014

LEVEL

POSITION

WORK DAYS

1A

Director-Student Services

213

1B

High School Assistant Principal

206

 

Assistant Principal for Career, Vocational and Technical Education

206

2

Coordinator-Elementary Curriculum, Instruction and

 

 

Assessment (1-8)

206

 

Assistant Director-Special Education

206

 

Supervisor-Adult and Continuing Education

206

 

Elementary Assistant Principal (K-8)

206

3

Director-Athletics/Intramurals

213

4

Supervisor-Art

201

 

Supervisor-Music

201

 

Supervisor-Special Education Programs

201

 

Supervisor-Library/Media Services

201

 

Supervisor-Health/Physical Education

201

 

Supervisor-World Languages (K-12)

201

 

Department Chair-English Language Arts (9-12)

201

 

Department Chair-Mathematics (9-12)

201

 

Department Chair-Sciences (9-12)

201

 

Department Chair-Social Studies (9-12)

201

 

Department Chair-Guidance/Testing

201

5

Director of Community Education

227

APPENDICES B-JU B-2 AND B-3 - SALARY SCHEDULES

A.         Page 64: For bargaining unit members who are employed on the date of ratification of this Agreement, increase salaries across-the-board (except for the position of Director of Community Education in the first year of the Agreement), as follows:

1.  Effective July 1, 2013 for services performed after June 30, 2013:         2.75%

2.  A. Effective July 1, 2014 for services performed after June 30, 2014:   2.75% B. After the 2.75% increase has been applied, add $250 across-the-board.

3.  A. Effective July 1, 2015 for services performed after June 30, 2015:    2.75% B. After the 2.75% increase has been applied, add $250 across-the-board.

B.         In lieu of the increase described in Section A(1) above, increase the salary for the position of Director of Community Education as follows:

1. Effective July 1, 2013 for services performed after June 30, 2013:         $7,000

C.         Effective July 1, 2014, add a new MA+60/CAGS lane that is $1,250 higher than the then-existing MA+45 lane, and adjust the Doctorate lane so that it is $750 higher than the new MA+60/CAGS lane.

This Memorandum of Agreement is subject to ratification by the Somerville Administrators Association and the Somerville School Committee.

SOMERVILLE ADMINISTRATORS                    SOMERVILLE SCHOOL COMMITTEE,

ASSOCIATION,

__________________________                              _____________________________

Date:                                                                          Date:

_________________________

Date:

AGREEMENT

BETWEEN

THE

SOMERVILLE SCHOOL COMMITTEE

AND

SOMERVILLE ADMINISTRATORS ASSOCIATION

September 1, 2009-August 31, 2010

and

September  1,   2010-June  30,   2013

TABLE OF CONTENTS

ARTICLE

 

PAGE

 

Preamble

1

I

Recognition

2

II

Status of Contract

3

HI

Grievance Procedure

4

IV

Salaries

12

V

Work Day and Work Year

17

VI

Holidays

18

VII

Reduction in Force

18

VIII

Assignment and Transfer

24

IX

Administrative Evaluation

25

X

Good Cause

27

XI

Promotions

28

XII

Professional Development and Educational Improvement

30

XIII

Sick Leave

32

XIV

Temporary Leaves of Absence

37

XV

Extended Leaves of Absence

41

XVI

Protection

46

XVII

Insurance and Annuity Plan

47

XVIII

Consultation Procedure

48

XIX

Association Privileges

48

XX

General

50

XXI

Dues and Credit Union Deductions

51

XXII

Equal Employment Opportunity Policy

53

XXIII

Health and Safety

53

XIV

Criminal Offender Record Information Policy

53

XV

Resignation

54

XVI

Acceptable Use and Social Networking Policies

54

XXVII

Miscellaneous

55

XVIII

Duration

55

Appendix A-l

Classification Plan (9-1-09)

57

Appendix A-2

Classification Plan (11-10-09)

58

Appendix A-3

Classification Plan (7-1-10)

59

Appendix A-4

Classification Plan (9-1-10)

60

Appendix B-l

Salary Schedule (9-1-09)

61

Appendix B-2

Salary Schedule (2-1-10)

62

Appendix B-3

Salary Schedule (7-1-10)

63

Appendix B-4

Salary Schedule (9-1-10)

64

Appendix B-5

Salary Schedule (9-1-11)

65

Appendix B-6

Salary Schedule (7-1-12)

66

PREAMBLE

1.   Recognizing that our prime purpose is to provide education of the highest possible quality for the children of Somerville, and that good morale within the Administrative Staff of Somerville is essential to achievement of that purpose, we, the undersigned parties to this contract, declare that:

A.   Under the law of Massachusetts, the School Committee, elected by the citizens of Somerville, has final responsibility for establishing the educational policies of the public schools of Somerville;

B.   The Superintendent of Schools has responsibility for carrying out the policies so established;

C.   The Administrative staff has responsibility for exercising a leadership role "in the implementation and execution of those policies;

D.   Fulfillment of these respective responsibilities can be facilitated and supported by consultations and free exchanges of views and information between the School Committee, the Superintendent, - and the Administrative staff in the formulation and application of policies relating to all matters pertaining to the best interest of the students, and all conditions of employment for the Administrative staff; and

E.   To give effect to these declarations, the following principles and procedures are hereby adopted.

ARTICLE I

RECOGNITION

1.   The School Committee of the City of Somerville (hereinafter sometimes referred to as the "School Committee") recognizes the Somerville Administrators Association (hereinafter sometimes referred to as the "Association") for the purposes of collective bargaining under Chapter 150E of the General Laws of Massachusetts as the exclusive bargaining agent for all Academic Administrative employees of the School Committee excluding the Superintendent and the Assistant Superintendents of Schools in accordance with the certification issued by the State Labor Relations Commission in Case No. MCR-3009, and also excluding Headmasters and Principals, the Director of Special Education and the District Administrator of Programs.

Said recognition is for the following unit of employees:

Assistant Principals

Coordinators and Directors

 Chairs of Departments

 Supervisors

2.   Except as specifically abridged, delegated, granted or modified by this Agreement or any supplement thereto or by Chapter 150E of the General Laws of Massachusetts, all of the rights, powers and authority held by the School Committee and the Superintendent prior to the effective date of this Agreement are retained by the School Committee and the Superintendent and are not subject to the grievance procedure and/or arbitration.  It is further recognized that the Principals in the public school systems of the Commonwealth have been granted certain rights, powers and authority by the Education Reform Act of 1993 which are not intended to be diminished by this Agreement except as provided in the preceding sentence.

ARTICLE II

STATUS OF CONTRACT

1.   Except as this Contract shall hereinafter otherwise provide, all conditions of employment applicable on the effective date of this Contract to employees covered by this Contract shall continue to be so applicable during the life of this Contract.

2.   This Contract incorporates the entire understanding of the parties on all issues which were or could have been the subject of negotiation.  Except as otherwise expressly provided herein, during the term of this Contract neither party shall be required to negotiate with respect to any such matter whether or not covered by this Contract and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Contract.

 3.   This Contract may not be modified in whole or in part by the parties except by an instrument in writing duly executed by both parties.

ARTICLE III

GRIEVANCE PROCEDURE

1.   Definitions:

A.   A "grievance" is a claim based upon an event or condition which involves the interpretation, meaning or application of any of the provisions of this Contract or any subsequent contract entered into pursuant to this Contract. The term "grievance" shall not apply to any matter as to which the School Committee is without authority to act.

B.   An "aggrieved person" is the person or persons making the claim.

C.   A "party in interest" is the person or persons making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim.

2.   Purpose:

A.   The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may, from time to time, arise affecting the welfare or working conditions of persons covered by this Contract.  Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

B.   Nothing herein contained will be construed as limiting the rights of any Administrator having a grievance to discuss the matter informally with his/her immediate superior and having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Contract and that the Association has been given the opportunity to be present at such adjustment and to state its views'.

C.    In the event of a dispute arising under this Agreement, an Administrator who elects to pursue any statutory employment appeal, upon instituting such statutory appeal, will have no further right to proceed under this Agreement.

3.   Procedure:

A.   Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum, and every effort should be made to expedite the process.  The time limits specified may, however, be extended by mutual agreement.  In the event a grievance is filed on or after June 1 which, if left unresolved until the beginning of the following school year, would result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the then-current school year or as soon thereafter as is practicable.

1.   Level One:  An Administrator with a grievance will first discuss it' with his or her immediate superior, either directly or through a representative of the Association, with the objective of resolving the matter informally.

2.   Level Two:

a.   If the aggrieved person is not satisfied with the disposition of his/her grievance at Level One, or if no decision has been rendered within ten (10) days after presentation of the grievance, he/she or the Chairman or other representative of the Association's Grievance Committee (hereinafter referred to as the "Grievance Committee") may, within fifteen (15) days after the Level One discussion, refer it to. the Superintendent of Schools.  If an Administrator's written grievance is not forwarded to the Superintendent within thirty (30) days after the Administrator knew, or should have known, of the act or condition on which the grievance is based, then the grievance will be considered waived.

b.   The Superintendent and/or his/her designee will represent the Administration at this level of the grievance procedure.  Within ten (10) days after the receipt of the written grievance by the Superintendent, the Superintendent and/or his/her designee will meet with the aggrieved person and/or a representative of the Grievance Committee in an. effort. to. resolve it.  Within ten (10) days after the Level Two meeting the Superintendent and/or his/her designee will answer the grievance in writing setting forth his/her determination and the reasons therefor and copies of the Level Two answer will be transmitted promptly to all parties in interest and to the Chairman of the Grievance Committee.

3.   Level Three:  If the grievance is not satisfactorily resolved at Level Two, or if no written answer is received within ten (10) days after the Level Two meeting, the aggrieved person or the Chairman of the Grievance Committee or his/her designee may refer the grievance to the School Committee.  The referral of a grievance to the School Committee shall occur within fifteen (15) days of the Level Two meeting or within five (5) days of the receipt of. the Level Two answer, whichever occurs sooner. The School Committee shall meet with the aggrieved person and/or a representative or representatives of the Grievance Committee for the purpose of resolving the grievance within two (2)  regularly scheduled meetings of the School Committee in executive session.  Within thirty (30) days after the Level Three meeting, the School Committee will answer the grievance in writing setting forth its determination, and copies of the Level Three answer will be transmitted promptly to all parties in interest and to the Chairman of the Grievance Committee.  In the event the parties desire to formalize the current arrangement of utilizing a Grievance Subcommittee designed by the School Committee to hear grievances at this level, the contract will be rewritten to reflect this.

4.   Level Four:

a.   If the "grievance is not satisfactorily resolved at Level Three, the Grievance committee may refer the grievance to arbitration within thirty (30) days after the receipt :of the Level Three answer. The parties shall attempt to reach agreement upon an arbitrator and, if they are unable to do so within ten (10) days after the referral of the grievance to arbitration, it shall be submitted to the American Arbitration Association for the selection of an arbitrator and the scheduling of a hearing to be held in accordance with the Voluntary Labor Arbitration rules of the American Arbitration Association.

b.   Notwithstanding anything to the contrary, no dispute or controversy shall be a subject for arbitration unless it involves the meaning, interpretation or application of the express language of a specific provision of this Contract.  The arbitrator shall have no power to alter, add to, subtract or modify any of the provisions of this Agreement.

c.   The parties are agreed that no restrictions are intended on the rights and powers of the School Committee except those specifically and directly set forth in express language in specific provisions of this Agreement.  The arbitrator shall arrive at his/her decision solely upon the facts evidence and contentions as presented by the parties during the arbitration proceedings.

d.   The arbitrator shall issue his/her written decision as soon as practicable after the hearing is closed "and final statements or briefs are submitted to him.  The decision of the arbitrator shall be submitted to the School Committee and to the Association and, subject to. law, shall be final and binding; provided that the arbitrator shall not usurp the functions of the School Committee or the proper exercise of its judgment and discretion under law and this Agreement.

e.   The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the School Committee and the Association.

4.   Rights of Administrators to Representation:

A.   No reprisals of any kind will be taken by the School Committee or by any member of the Administration against any party in interest, any member of the Grievance Committee or any other participant in the grievance procedure by reason of such participation.

B.   Any party in interest may be represented at all stages of the grievance procedure, up to but not including arbitration, by a person of his/her or her own choosing, except that he/she may not be represented by a representative or any officer of any employee organization other than the Association. When an Administrator is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure.

5.   Miscellaneous:

A.   If, in the judgment of the Grievance Committee, a grievance affects a group or class of Administrators, the Grievance Committee may submit such grievance in writing to the Superintendent directly and the processing of such grievances will be commenced at Level Two.

B.   As hereinbefore provided, the answers at Levels Two and three of the grievance procedure will be in writing setting forth the decision and the reasons therefor and will be transmitted promptly to all parties in interest and to the Chairman of the Grievance Committee. Decisions rendered at Level Four will be in accordance with the procedure set forth in Section 3, Paragraph 4.

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

D.   Forms for filing grievances, servicing notices, taking appeals, making reports and recommendations, and other necessary documents will be jointly prepared by the Superintendent and the Association and given appropriate distribution so as to facilitate the operation of the grievance procedure.

ARTICLE IV

SALARIES

1.   The base salaries for all positions covered by this Contract are set forth in Appendices B-l - B-5 which are attached hereto and made a part hereof.

2.   Effective July 1, 2012, for purposes of the initial lane placement of Administrators who are new to the school district (i.e., those who have not been employed previously in the school district in any position for any period of time), the School Committee will place Administrators on the appropriate lane of the salary schedule that reflects the credits that they have earned from accredited colleges or universities (excluding University Extension courses) prior to their employment with the school district.

3.   Increments for study beyond the Master's Degree will be granted on September 1 or on completion of one-half of the Administrator's work year, following the submission of proper credentials.

4.   A.   An Administrator will be placed on the Master's+45 lane, effective September 1, 2007, if the Administrator provides the School Committee with evidence that, as of that date, s/he has earned (1) at least forty-five (45) credits beyond a Master's degree in graduate-level courses from an accredited university; or (2) at least fifteen (15) credits beyond M+30 in approved in-service courses, workshops or seminars since September 1, 2004; or (3) a combination of credits from graduate-level courses and from approved in-service courses, workshops or seminars since September 1, 2004 that add up to at least forty-five (45) credits beyond a Master's degree.  

B.   Effective September 1, 2007, an Administrator will move from the Master''s+30 lane to the Master's+45 lane, if s/he has earned at least fifteen (15) additional credits beyond M+30 in pre-approved courses, including in-service courses, workshops or seminars, provided that credits beyond a Master's degree in graduate-level courses from an accredited university prior to September 1, 2007 also shall count as part of the fifteen (15) additional credits for purposes of moving from the Master's+30 lane to the  Master' s+45 lane.

5.   If a salary increase is to become effective as of the beginning of a work year, an Administrator who has given notice of retirement as of August 1 of the work year of his/her retirement shall receive said increase as of January 1 immediately preceding the effective date of the said salary increase, payable in a lump sum at the time of retirement, provided that the Administrator is sixty (60) years old and has completed twenty-five (25) years of service, and provided further that the Administrator severs his/her employment no earlier than June 30 of the work year of his/her retirement and no later than August 31 immediately thereafter.

6.   Administrators shall be paid in twenty-six (26) biweekly installments during the work year (July 1 through the following June 30) .

7.   The School Committee may require Administrators to participate in the City's direct deposit program.

8.   Inter-School Travel Reimbursement:  Administrators who as part of their regular assignment are required to travel among more than two (2) schools per day will be paid an annual stipend of three hundred dollars ($300) as reimbursement for mileage.

9.   Longevity Payments:

A.   i.   An Administrator shall be entitled to a salary increase of one thousand dollars ($1,000) over and above the applicable base salary on the salary schedule then in effect at the beginning of the twelfth'(12th) year of service in the Somerville School system as a teacher and/or administrator. At the beginning of the twentieth (20th) year of service as a teacher and/or administrator, an Administrator shall be entitled to an annual salary increase of one thousand two hundred fifty dollars ($1,250) over and above the applicable step of the salary schedule then in effect.  At the beginning of the twenty-fifth (25th) year of service as a teacher and/or administrator, an Administrator shall be entitled to an annual salary increase of one thousand five hundred dollars ($1,500) over and above the applicable step of the salary schedule then in effect.

ii.  At the beginning of the thirtieth (30th) year of service as a teacher and/or administrator, an Administrator who is receiving or has received supplemental longevity shall be entitled to an annual salary increase of two thousand dollars ($2,000} over and above the applicable step of the salary schedule then in effect.  At the beginning of the fortieth (40th) year of service as a teacher and/or administrator, an Administrator who is receiving or has received supplemental longevity shall be entitled to an annual salary increase of three thousand dollars ($3,000) over and above the applicable step of the salary schedule then in effect.

iii. Effective September 1, 2006, at the beginning of the thirtieth (30th) year of service as a teacher and/or administrator, an Administrator who is not receiving or has not received supplemental longevity shall be entitled to an annual salary increase of four thousand dollars ($4,000) over and above the applicable step of the salary schedule then in effect.  At the beginning of the thirty-fifth (35th) year of service as a teacher and/or administrator, an-Administrator who is not receiving or has not received supplemental longevity shall be entitled to an annual salary increase of five thousand dollars ($5,000) over and above the applicable step of the salary schedule then in effect.

ARTICLE V

WORK DAY AND WORK YEAR

1.   Administrators are expected to work on days when school is in session, a minimum of five (5) days before the start of the school year for students and a minimum of five (5) days after the end of the school year for students.  All work days, beyond the foregoing that are mandated during the summer recess by the Principals or Central Administrators shall be scheduled by no later than April 15 of that school year, and the Administrators shall be so notified by that date.  The remaining work days are to be scheduled by each individual Administrator with' the approval of his/her immediate supervisor and the Superintendent/designee.  In scheduling an Administrator's remaining work days, the need for summer coverage is one factor that the Administrator's supervisor will take into account.

ARTICLE VI

HOLIDAYS

1.   The following shall be the holidays granted to

Administrators:

Columbus Day

Veterans' Day                                           

Thanksgiving Day (together with the afternoon preceding and the Friday following it)

Christmas Day

 New Year's Day

Martin Luther King Day

 Presidents' Day

Patriots' Day

 Memorial Day

ARTICLE VII

REDUCTION IN FORCE

1.   The Superintendent shall, upon the request of the Association, meet with its representatives for the purpose  of discussing any such proposed reduction or reorganization prior to taking any final action thereon.

2.   For the purpose of this Article, the administrative positions shall be as listed on the Administrators' salary schedule except that all Assistant' 'Principals shall' constitute a single administrative position and each other position on the Classification Plan shall constitute a single administrative position, for purposes of this Article.

3.   Whenever a final decision is made to reduce the number of administrative positions in the bargaining unit represented by the Association, every effort will be made to absorb any such reduction through normal attrition.

4.   In the event that it is not possible to fully effectuate any reduction or reorganization of administrative positions by normal attrition or by the non-renewal of Administrators without professional administrative status within the affected administrative position, then job performance, qualifications (including qualifications beyond those minimally required) and seniority shall determine the order in which Administrators with professional administrative status are to be reduced from their positions.  For the purposes of this Article, Administrators with professional administrative status shall be defined as Administrators who have served in their positions for the three previous consecutive years, and seniority shall be defined and computed in accordance with the following principles which are intended to be applied both retroactively and prospectively:

 A.   Position Seniority shall be determined by an Administrator's total length of cumulative service in a given administrative position beginning with the date on which the. Administrator actually began serving in that position, whether in an acting or permanent capacity.

B.   Administrative Seniority shall be determined by an Administrator's total length of cumulative service in any of the administrative positions included in the bargaining unit now represented by the Association beginning with the earliest date on which the Administrator actually began serving in any such administrative position, whether in an acting or permanent" capacity.

C.   System-Wide Seniority shall be determined by an Administrator's total length of cumulative service in any professional position in the Somerville School System beginning with the earliest date on which the Administrator actually began, serving in any such professional position, whether in an acting or permanent capacity.

D.   Position, Administrative and System-Wide Seniority shall continue to accumulate during the period of any paid leave of absence.' Seniority shall not accumulate during the period of any unpaid leave of absence or layoff; however, past seniority shall not be lost due to an unpaid leave of absence or a layoff and, upon an Administrator's return to active employment, his/her respective seniority dates (i.e., position, administrative and system-wide) shall be adjusted forward by a period of time equal to the length of his/her unpaid leave of absence or layoff.  While serving in another administrative position in the Somerville School System, an Administrator shall continue to accumulate his/her administrative and system-wide seniority; however, his/her past position seniority shall remain constant until such time as he/she returns to that position.  While serving in a non-administrative position in the Somerville School System, an Administrator shall continue to accumulate his/her system-wide seniority; however, his/her past position and administrative seniority shall remain constant until such time as he/she returns either to the administrative unit or to his/her former administrative position, whichever is applicable.  Any Administrator who resigns from the Somerville School System or whose employment is involuntarily terminated by reason of dismissal for good or just cause and who is subsequently re-employed shall not be credited with any of the position, administrative or system-wide seniority that he/she had accumulated prior to such resignation or dismissal.

E.   Whenever the position seniority of two Administrators is the same, their relative seniority shall be determined by their administrative seniority.  Whenever the administrative seniority of two Administrators is the same, their relative seniority shall be determined by their system-wide seniority.

5.   Any reduction within an administrative position of Administrators who have professional administrative status in that administrative position shall be based upon the position seniority of those Administrators in that position.

6.   Any Administrator who is reduced from his/her position pursuant to the procedure described in the preceding paragraph may exercise his/her administrative seniority in such a way as to assume another administrative position in the bargaining unit in which he/she has previously served provided that there is "a vacancy in any such position and provided further that he/she is licensed to serve in such position.

7.   An Administrator who is reduced from his/her position shall be laid off only if he/she cannot exercise his/her seniority in the manner described in the preceding paragraphs in such a way as to enable him to assume another administrative position or a teaching position in the Somerville School System.

8.   If there should be a merger or consolidation of existing administrative positions in different disciplines, the new position shall be filled in accordance with Article XI.  Any Administrator whose position is merged or consolidated and who is not elected to the new merged or consolidated position shall have the right to exercise his/her seniority in the manner described in the preceding paragraphs.

9.   Any Administrator who is reduced from his/her position or who is laid off from the Somerville Public Schools shall retain the following recall rights for a period of three (3) years:

A.   The right to be recalled to the first vacancy which occurs in the administrative position from which he/she was originally reduced based upon his/her position seniority; and

B.   The right to be. recalled to the first vacancy which occurs in another administrative position in which he/she has previously served based upon his/her administrative seniority, provided further that he/she is licensed to serve in such position.

10.  Neither an Administrator's recall to a lesser position than that from which he/she was originally reduced nor his/her failure to accept a lesser position than that from which he/ she was originally reduced shall terminate his/her right of recall to the position from which he/she was originally reduced.  However, an Administrator's failure to accept a recall to the administrative position from which he/she was originally reduced shall terminate his/her right of recall to that position.  An Administrator who is on layoff status when he/she is recalled shall be given a reasonable period of time within which to return.

11.  No person shall be appointed to any position in the bargaining unit for which there are Administrators with recall rights.

12.  Any Administrator with recall rights shall retain all of the position, administrative and system-wide seniority that he/she had accumulated prior to his/her layoff.  Upon recall to any administrative position, all accumulated sick leave days and other rights and benefits of employment shall be immediately restored.

ARTICLE VIII

ASSIGNMENT AND TRANSFER

1.   Administrator Assignment and Transfer:  Administrators desiring a lateral transfer to a comparable position in another school that is vacant may submit a written request to the Superintendent requesting the assignment preferred. Any such vacancy shall be posted for a period of at least two (2) weeks.

2.   The School Committee and the Association recognize that the lateral reassignment or transfer of Administrators may be disruptive to the educational process and/or interfere with optimal performance.  They also recognize, however, that some lateral reassignments or transfers may be desirable and/or necessary.  Where such action is desirable and/or necessary to ensure the optimal performance of one or more schools, the Superintendent may involuntarily reassign or transfer an Administrator from one position to another. Before an Administrator is reassigned or transferred hereunder, the Superintendent will discuss the matter with the involved Administrator(s).  If a reassignment or transfer will result in the displacement of an incumbent Administrator (i.e., the Superintendent elects to move an Administrator to a position other than a vacancy), and more than one "swap" is acceptable to the Superintendent, volunteers will be reassigned or transferred first.  In the case of the Elementary School Assistant Principals, a lateral reassignment or transfer means a reassignment or transfer within an Assistant Principal's particular salary classification.

ARTICLE IX

ADMINISTRATOR EVALUATION

1.   Administrators will have the right, upon request, to review the contents of their personnel file at any reasonable time. An Administrator will be entitled to have a representative of the Association accompany him during such interview.

2.   No material derogatory to an Administrator's conduct, service, character or personality and no notice of disciplinary action will be placed in his/her file unless the Administrator first has had the opportunity to review the material.  The Administrator will acknowledge that he/she has had the opportunity to review the material by affixing his/her signature to the copy that is to be filed with the specific understanding that such signature in no way indicates his/her agreement with the contents thereof.  The Administrator will also have the right to submit a written answer to such material and his/her answer shall be reviewed by the Superintendent who shall attach the answer to the file copy.

3.   Any written complaint regarding an Administrator made to the Central Administration or any member of the School Committee by any parent, student or other person will be promptly called to the attention of the Administrator.  No action will be taken upon any complaint regarding an Administrator, whether written or verbal, unless such complaint was promptly called to the attention of the Administrator.

4.       Any unsigned derogatory communication addressed to any member of the Administration will be shown immediately to the Administrator(s) concerned and destroyed in the presence of said Administrator (s)

5.   An Administrator shall be given the opportunity to respond in writing to any rebuttal filed by a teacher to the Administrator's evaluation of that teacher.  The Administrator's response shall be filed with the teacher's rebuttal.

6,   The four-page Somerville Administrator Performance Evaluation Instrument that was developed to implement the Education Reform Act of 1993 shall be in force, provided that the parties agree to reopen the collective bargaining agreement to negotiate over a performance evaluation instrument for Administrators that is consistent with the guidance issued by the Massachusetts Department of Elementary and Secondary Education relative to the evaluation of administrators.

ARTICLE X

GOOD CAUSE

1.   No Administrator will be reprimanded, suspended, deprived of any professional advantage, dismissed, removed, terminated or demoted from his/her position without good cause.  Any Administrator who is reprimanded, suspended, deprived of any professional advantage, dismissed, removed, terminated or demoted from his/her position shall have the option of contesting that action under the grievance and arbitration procedure set forth herein, or under the provisions of Sections 41 and 42D of Chapter 71 of the General Laws of Massachusetts, to the extent that such election is permitted by law, but not under both procedures.

2.   The private and personal life of an Administrator is not within the appropriate concern or attention of the School Committee except as it may interfere with the Administrator's responsibilities to and relationships with teachers, students and/or the school system.

ARTICLE XI

PROMOTIONS  .

1.   For the purposes of this Article, a "promotional position" is defined as any administrative position within the bargaining unit which is compensated at a higher salary level than that at which an Administrator is currently being compensated.   

2.   Whenever any vacancy in an administrative position within the bargaining unit occurs, it will be adequately publicized by the Superintendent as far in advance of the appointment as possible but for not less than two (2) weeks.  The Superintendent will also notify Administrators on leave of the existence of the vacancy by electronic mail.  The qualifications for the position, its duties, and its rate of compensation will be clearly set forth.  Vacancies will not be filled, except on a temporary, acting basis, for at least thirty (30) days from the date the position is first publicized by the Superintendent.

3.   All Administrators will be given adequate opportunity to make application for such positions, and the Superintendent and Principal agree to give due weight to the professional background and attainments of all applicants, the length of time each has been in the school system and other relevant factors.  Each Administrator applicant who is not selected will receive written notification sent to his/her school e-mail account, that he/she was not selected for the position. The decision of the Superintendent and Principal will not be subject to the grievance procedure and/or arbitration.

4.   Permanent appointments will be made as soon as possible and under normal circumstances not later than ninety (90) days after an opening is publicized by the Superintendent.

5.   Any temporary appointment to a promotional position extending beyond thirty (30) days shall be recompensed at the starting salary for the position retroactive to the date of appointment.

6.   Notice must be given to the Association at least two (2) months in advance of any change in qualifications for any position, except where the change eliminates or reduces a qualification.

ARTICLE XII

PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT

1.   Administrators who attend seminars, workshops and conferences shall be eligible for expense reimbursement, provided that the Administrator has received prior written approval from the Superintendent.

2.   All college courses in the Administrator's subject area (excluding University Extension courses), taken from an accredited college or university with prior approval of the Superintendent or his/her designee, shall be recognized for purposes of lane advancement.

3.   Except as otherwise provided in this Agreement, credit will be given only for courses and degrees from an accredited institution.

4.   All members of the bargaining unit shall be eligible to participate in all in-service training or programs that are offered by the School Department, subject to space limitations for target populations identified by the District Administrator for Curriculum and Instruction in accordance with the following In-service Selection Process.

A.   If there is a target group for a workshop, members of the target group shall be placed first.

B.   If there are too many applicants for a single in-service offering, the School Department shall arrange two (2) sessions if the funds and the presenter are available that year.  If either the funds or the presenter are unavailable, the workshop will be given priority for the following year.

C.   Persons who have applied and were not accepted into a workshop during a prior offering and who have applied again, shall be placed next.

D.   The related target group shall be placed next.

E.   Any further vacancies shall be filled by administrative seniority in the Somerville Public Schools,

5.   Any Administrator who is requested by the Superintendent or designee to provide professional services outside of the regular school day in the following areas shall be compensated at the rate of sixty dollars ($60) per hour for such services: Curriculum development and implementation of in-service education workshops and staff development programs. Any Administrator who is requested by the Superintendent or designee to attend a conference, seminar, workshop or in-service training outside of the regular work day shall be compensated at the rate of thirty-five dollars ($35) per hour for such attendance.

6.   A.  All Administrators who may be responsible for supervising or evaluating teachers of English Language Learners ("ELLs") or may be assigned to teach ELLs must complete the. Massachusetts Department of Elementary and Secondary Education's ELL Endorsement Training in Categories 1, 2 and 4 by August 31, 2014, or such other training and/or professional development activities as the Department may require for Administrators with similar responsibilities by the same date, or sooner if mandated by the Department.

B.   Administrators who fail to complete this training in a timely manner may be subject to involuntary transfer pursuant to Article VIII, Section 2 or dismissal.

ARTICLE XIII

SICK LEAVE

1,   Administrators, other than Administrators new to the system, will be granted fifteen (15) days of sick leave each work year, as of the first official day of said work year, provided they report for duty on that day or on a pro-rated basis on the first day when they report for work if after the first official day of the work year.  Administrators new to the system will accumulate sick leave at the rate of one and one-half days for each month of active employment up to fifteen (15) days per year, and any such Administrator who is absent beyond his/her accumulated sick leave shall, if still employed at the end of the work year, be reimbursed for any days of absence due to sickness, up to a yearly total of fifteen days (including days previously paid).

Unused sick leave shall be accumulated from year to year without limitation.

2.   A sick leave bank shall be established.  All members of the Administrators unit who wish to join the sick leave bank will so indicate on a form provided for such purpose on the Human Resources Data Base by no later than August 1.

3.   The sick leave bank will operate for those who have an extended illness and/or disability and have exhausted their own sick leave.  Following are the regulations governing the operation of the sick leave bank:

A.   The sick leave bank shall be administered by a Sick Leave Bank Committee ("SLBC") consisting of one (1) member representing the School Committee, one (1) member representing the Superintendent of Schools, and one (1) member representing the Somerville Administrators Association.  The SLBC shall determine the eligibility for the use of the bank and the amount of leave to be granted, and the SLBC's decision shall be final.

B.   Membership in the sick leave bank shall be voluntary for each arid" every Administrator employed by the School Committee, but a member must remain for a full year of operation once he/she commences participation.

C.   Each participant in this program shall contribute one (1) day of his/her annual sick leave to the sick leave bank as a premium for membership. If, during the school year, the sick leave bank is depleted, the bank shall be replenished by the contribution of one (1) additional day by each member.

D.   Any participant must have fifteen (15) days of unused sick leave before he/she is eligible to become a member of the sick leave bank.  Only those who deposit to the bank will be eligible to withdraw from it.

E.   The balance of days remaining in the sick leave bank at the completion of each school year will be carried over for use in future years either to provide sick leave coverage for Administrators whose own sick leave has been exhausted or to build up the sick leave bank, provided that the number of days in the sick leave bank may not exceed  a maximum of two hundred ten (210) days. Any additional balance of days remaining at the completion of each school year will be forfeited, will not be cumulative for future use, and will not be returned to participants.

F.   The following criteria shall be used by the SLBC in determining eligibility and the amount of sick leave to be granted:

1.   Application.

2.   Sufficient medical evidence of serious illness.

3.   Prior utilization of all eligible sick leave.

4.   Documented sick leave abuse.

G.   The initial request from the sick leave bank may be for no more than five (5) days.  Any request for an extension of days after the initial request will be forwarded to the SLBC as necessary.  The SLBC reserves the right to vote on any requests for extension.

H.   No days may be withdrawn from the sick leave bank for any reason other than personal illness.  Days may not be withdrawn to permit a participant to remain at home to care for other members of his or her family.

I.  Any area that is not covered specifically by this Agreement will be subject to the vote of the SLBC.

4.   Administrators may use  up to five (5} days per year to be deducted from their sick leave days for the purpose of arranging care for a member of their immediate family suffering from a serious illness or for family illness.

5.   A.   An employee who is absent from work on account of his/her own or a family member's health condition, and is eligible for a leave of absence under the Federal Family and Medical Leave Act of 1993 ("Act"), first must exhaust any sick leave that is available for such purpose, and such absence shall be considered to be leave taken under the Act.

B.   To be eligible for a leave of absence under the Act on account of his/her own or a family member's health condition, an employee must provide the Superintendent with certification by a health care provider as to the employee's or family member's serious health condition.

C.   An employee who takes a leave of absence under the Act does not forfeit any vacation, sick or personal leave that he/she had accumulated at the time of the start of the leave.  An employee who is on such a leave of absence on the first official day of a school year will not be granted additional vacation,  sick or personal leave for that school year unless he/she returns to active employment during that school year, at which time he/she will be granted such additional vacation, sick and personal leave as would have been granted to him/ her on the first official day of the school year if he/ she had been actively employed on that date.

D.   The benefit year for leaves taken under the Act is the twelve-month period commencing on the date that an employee leaves work on such leave.

6.   Upon retirement an Administrator may buy back up to one hundred thirty-three (133} days of accrued sick leave at thirty dollars ($30) per day.  An Administrator who submits an irrevocable letter of resignation for the purpose of retirement to the Superintendent' by August 1 that he/she intends to retire after the end of the then current work year (i.e., the following June 30) will be able to receive such payment on or about such time of retirement, as early as the following July, provided that the Administrator works for his/her entire work year and severs his/her employment no later than August 31 immediately following the end of that work year Otherwise, such Administrator may be paid during the fiscal year subsequent to the fiscal year in which he/she retires.  This sick leave redemption benefit also shall be payable upon an Administrator's death while still actively employed. In  the case of an Administrator's death, his/her sick-leave redemption shall be payable to his/her designated beneficiary, spouse or estate, in that order.

ARTICLE XIV

TEMPORARY LEAVES OF ABSENCE

1,   Temporary Leaves of Absence with pay will be allowed as follows:

A.   With the advance approval of the Superintendent of Schools, Administrators will be entitled to two (2) days personal leave with pay each school year for any valid reason which required absence during school hours. The second day of personal leave shall be deducted from sick leave.  Application for such leave will be made at least twenty-four (24) hours before the taking of such leave, except in the case of emergencies.

B.     School Visits:                                      

Sufficient days, no less than two (2), will be allowed for the purpose of visiting other schools or attending meetings or conferences of an educational nature which, in the opinion of the Administrator, will improve his/ her skills or the performance in his/her department or school.

C.   Legal Proceedings:

Time necessary for appearance in any legal proceeding connected with the Administrator's employment or with the school system or in any other legal proceeding to which the Administrator is summoned, provided that paid leave will be granted only where such appearance either is requested by the school district or is summoned by a party whose position is not adverse to the school district, and provided further that paid leave will be granted to members of the Association to attend arbitration hearings.  In the event that an Administrator is required to take unpaid leave to appear in a legal proceeding in which his/her position is adverse to the school district, and such Administrator prevails against the school district, the School Committee will reimburse the Administrator and his/her witnesses for any wages that the individual(s) lost on account of such appearance.

D.   Bereavement Leave:

1.   Up to five (5) days at any one time in the event of death of an Administrator's immediate family member or household member.  Immediate family shall be defined as the Administrator's spouse, their children, their grandchildren, their siblings and their parents.  Up to three (3) days at any one time in the event of death of an Administrator's aunt, uncle, niece, nephew, cousin or grandparent.  Bereavement leave is granted for the purpose of allowing the Administrator to attend the funeral and/or to attend to family matters arising as a result of such death.  Upon request, an. Administrator shall identify his/her relationship to the decedent.

2.   Additional bereavement leave may, when necessary, be granted by the Superintendent.

3.   If an Administrator dies in service, arrangements will be made by the Superintendent for teachers in the building to attend the funeral services.

E.   Jury Duty:  Employees who are required to serve jury duty shall be considered on paid leave of absence. Compensation other than reimbursed expenses received externally for such jury duty shall be promptly remitted to the School Department.

2.   Administrators who are away from their regular daily duties on recruiting duty, approved speaking engagements or in attendance at educational meetings as representatives of the Somerville Public Schools or other activities specifically approved by the Superintendent of Schools or his/her designated representative, shall be considered as being engaged in the performance of their duties.

3.   Administrators may be away from their regular duties to serve on committees and as of officers in State, Regional or National Professional Organizations, provided prior approval is obtained from the Superintendent of Schools or his/her designated representatives.

4.   Administrators may be absent to serve as officers of the Association at the discretion of the School Committee.

5.   Except as provided in the second sentence of Section 1(A) above, leaves taken pursuant to this Article above will be in addition to any sick leave to which the Administrator is entitled.

A.   Leaves under the Small Necessities Leave Act ("SNLA") shall be taken in increments of one (1) hour.

B.   An Administrator who intends to take a leave under the SNLA must submit a request for such leave in writing at least seven (7) days in advance of the date on which the leave is to commence, if the leave is foreseeable, or with as much advanced notice as practicable, if the leave is not foreseeable.

C.   An Administrator may use any accrued paid benefits that are available for the purpose of the SNLA leave, provided that the SNLA leave is taken in units of a half or whole work day. .

D.   The benefit year for purposes of SNLA leaves is the same benefit year as for leaves taken under the Family and Medical Leave Act (See Article XV(2)(C)).

ARTICLE XV

EXTENDED LEAVES OF ABSENCE

1.   An employee shall be entitled to an unpaid leave of absence for the purpose of caring for a newborn or adopted child, subject to the following:

A.   Maternity Leave shall be granted to a female employee in compliance with Section 105D of Chapter 149 of the General Laws of Massachusetts.  Such Administrator may also be eligible for sick leave under Article XIII of this Agreement.  In the event of a dispute arising under the first sentence of this section, an Administrator who elects to pursue any statutory employment appeal, upon instituting any such appeal, will have no further right to proceed under this Agreement.

B.   Paternity leave shall be granted to a male employee as follows:  A male Administrator may take up to ten (10) days of paternity leave upon the birth of his/her child, to be deducted from accumulated sick leave under Article XIII of this Agreement.

C.   Adoptive Leave shall be granted to an employee of either sex also in compliance with Section 105D of Chapter 149 of the General Laws of Massachusetts and as follows:  An Administrator may take up to ten (10) days of paid adoptive leave upon the adoption of his or her child, to be deducted from accumulated sick leave under Article XIII of this Agreement.  The adoptive leave commences when the child is turned over to the adoptive parents.  In the event that the written regulations of an adoption agency require, as a condition of adoption, a period of home care which is longer than the statutory eight (8) week period, such longer period shall be granted, but shall be considered as child-rearing leave under paragraph C and subject to the return dates therein specified.

D.   Child Care Leave as distinct from maternity leave or adoptive leave shall be granted to an employee of either sex under the following terms:

1.   An employee whose child was newly born or adopted during' a school year prior to April 1 may return from such leave at the beginning of any marking period during such school year.

2.   An employee whose child was newly born or adopted after April 1 may return from such leave at the beginning of  the first or second semester in the next academic year.

E.   Extended Child Care Leave:  An employee eligible for child care leave may extend such leave for one full school year following the school year in which such Administrator would be expected to return under subparagraph D(l) or D(2).

F.   Notice:

1.   Whenever possible, notice of maternity leave and expected return date shall be given to the Superintendent by an employee at least ninety (90) days prior to its anticipated commencement.

2.   Notice of expected adoptive leave and expected length of leave shall be given to the Superintendent by an employee upon approval of the adoption.

3.   Notice of child care leave and expected return date shall be given concurrently with notice of maternity leave or adoption leave.

4.   Notice of extended child care leave shall be received no later than April 1 preceding the school year for which the extended leave is being sought.

5.    If a pregnancy is terminated after the notice of maternity leave and/or child care leave has been given to the Superintendent, such leave may be canceled or curtailed at the discretion of the employee.  If, upon delivery, medical complications to the newborn child warrant child care leave, such leave shall be granted upon request at that time even though child care leave was not originally requested concurrently with the request for the maternity leave under subparagraph 4.

2.   A.   An employee who is absent from work for childrearing purposes, and is eligible for a leave of absence under the Federal Family and Medical Leave Act of 1993 ("Act"), first must exhaust any sick leave that is available for such purpose, consistent with the provisions of Section 105D of Chapter 149 of the General Laws of Massachusetts, and such absence shall be considered to be leave taken under the Act.

B.   An employee who takes a leave of absence under the Act does not forfeit any sick or personal leave that he/she had accumulated at the time of the start of the leave.

An employee who is on such a leave of absence on the first official day of a work year will not be granted additional sick or personal leave for that work year unless he/she returns to active employment during that work year, at which time he/she will be granted such additional sick and personal leave as would have been granted to him/her on the first official day of the work year if he/she had been actively employed on that date.

C.   The benefit year for leaves taken under the Act is the twelve-month period commencing on the date that an employee leaves work on -such leave.

3.   Other leaves of absence without pay may be granted by the Superintendent.

4.   All benefits to which an Administrator was entitled at the time his/her leave of absence commenced, including unused accumulated sick leave, will be restored to him/her upon his/her return.  No sick leave will be accumulated during the period of said leave.

5.   Upon his/her return from a leave of absence taken pursuant to this Article, an Administrator will be assigned to the same position which he/she held at the time said leave commenced, if available, or if. not, to a substantially equivalent position.

ARTICLE XVI

PROTECTION

1.   Administrators will immediately report to their immediate supervisor, in writing, all cases of assault suffered by them in connection with their employment,

2.   This report will be forwarded to the School Committee which will comply with any reasonable request from the Administrator for information in its possession relating to the incident or the persons involved, and will act in appropriate ways as a liaison between the Administrator, the police and the courts.

3.   The School Committee shall reimburse an Administrator for:

A.   Any clothing, eyeglasses or similar items of personal property damaged or destroyed as the result of an assault or battery suffered in the course of his/her employment; and

B.   The cost of any reasonable medical, surgical or hospital services (less the amount of any insurance reimbursement, and/or Workers' Compensation payment) incurred as the result of any injury sustained in the course of his/her employment.

4.   The provisions of Chapter 258 of the General Laws of Massachusetts shall be applicable in the case of civil proceedings instituted against an Administrator for any act of commission or omission committed by him/her in connection with his/her employment.

ARTICLE XVII

INSURANCE AND ANNUITY PLAN.

1.   Administrators shall be covered by the following types of insurance:

A.   Term and/or whole life insurance products of the type available to City employees, provided that the new benefit package for Administrators is no less favorable than the most favorable benefit package provided to any other group of City employees;

B.   Individual or family health coverage, whichever applies " in the particular case, of the type available to City employees, in accordance with the agreement negotiated between the City and the Public Employee Committee pursuant to Section 19 of Chapter 32B of the General Laws of Massachusetts,.

2.   Administrators are eligible to participate in a "tax-sheltered" Annuity Plan established pursuant to 2 6 U.S.C. §403(b).

3.   Administrators will be eligible to participate in any Cafeteria plan that is adopted and implemented for City employees for the deduction from salaries on a pre-tax basis of various eligible expenses.

ARTICLE XVIII

CONSULTATION PROCEDURE

1.   The School Committee and the Association desire to encourage the active participation of Administrators in the development and implementation of the best possible working conditions for Administrators and educational programs for the school children of Somerville, including State and Federal aid programs.  Therefore, they agree as follows:

A.   The School Committee and/or the Superintendent or his/her designated representative agree to meet with the Association's representatives periodically for consultation on matters of educational programs.

2.   A joint committee comprised of equal representation of the Association and the School Committee shall be established for the purpose of reviewing and making recommendations to the Negotiating Committees for both parties with respect to the job descriptions and job titles of all positions in the bargaining unit. ARTICLE XIX

ASSOCIATION PRIVILEGES

1.   The School Committee does not object to the Association's use of school buildings without cost at reasonable times for meetings; provided, however, that the Association will be required to pay for any additional custodial costs involved by reason of said meetings.  The permission of the Director of Finance, and, if necessary, the Commissioner of Public Works, will be received in advance of all such meetings.

2.   The Association will have the right to place notices, circulars and other Association materials in the administrative staff's mailboxes and to distribute materials in the schools after notifying the Principal, provided said distribution does not interfere with any instructional activity.  The Association agrees that it will not distribute any material which is derogatory to the administration, the School Committee or any member thereof, or the Somerville School System.

3.   The President and members of the Association's Negotiating and Grievance Committees shall have access to all buildings and all Administrators.  Upon entering the building, they shall notify the Principal or Headmaster, provided that there shall be no interference with instructional activities.

4.   When it is necessary, pursuant to Article III (Grievance Procedure) for a representative of the Association to attend a jointly scheduled grievance meeting or hearing during a school day, he/she will be released without loss of pay as necessary, and the grievant will be accorded the same right. When it is necessary for an Association representative to investigate a grievance during regular school hours he/she shall, upon notice to his/her immediate superior, be released without loss of pay for the time necessary to do so, provided said investigation cannot be conducted during non-working hours and provided further that he/she can be released without detriment to the educational program.  The Association agrees that these rights will not be abused.

5.   The School Committee will, upon request, make available to the Association any available information which is neither confidential nor privileged under law which may be necessary for the Association to administer., this Agreement or to prepare for future negotiations.

6.   A copy of the official agenda of School Committee meetings will be made available to the Association at least two (2} full calendar days before the meeting.

ARTICLE XX

GENERAL

1.   If any provision of this Agreement or any application of the Agreement to any employee or group of employees shall be found contrary to law, then such provision or application will not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications will continue in full force and effect.

2.   This Agreement constitutes School Committee policy for the term of said Agreement, and the School Committee will carry out the commitments contained herein and give them full force and effect as School Committee policy.  The School Committee will amend its Administrative Regulations and take such other action as may be necessary in order to give full force and effect to the provisions of this Agreement.

3.   The School Committee agrees that current policy relating to wages and hours not otherwise changed by this Agreement will remain in force, and further agrees that existing policies relating to working conditions will also continue in force.

4.   Copies of this Agreement will be duplicated by the School Committee and distributed to all members of the Administrative staff by the Association.

ARTICLE XXI

DUES AND CREDIT UNION DEDUCTIONS

1.   Having accepted the provisions of Section 17C of Chapter 180 of the General Laws of Massachusetts, the School Committee shall certify to the City Treasurer all. payroll deductions for the payment of dues to the Association that are duly authorized by Administrators covered by this Agreement.

2.   Employee electronic payroll deposits will be accepted and processed for all financial institutions as requested by the employee, consistent with State and Federal law.

3.   For any member of the bargaining unit who is not a member in good standing of the Association, it shall be a condition of employment that beginning on or after the thirtieth day following the beginning of his/her employment in the bargaining unit or the effective date of this Contract, whichever is later, he/she shall pay an agency service fee to the Association in an amount that is equal to the amount required to become and remain a member in good standing of the Association. .

4.   The Association shall indemnify the School Committee against any damages or legal fees expended in compliance with this section and shall comply with any rebate procedure or any process as may be required by State, Federal or Constitutional law.  The failure of the School Committee to perform any responsibility under' this section, including but not limited to the failure of the School Committee to notify any Administrator on or before the Administrator's entry into the bargaining unit after August 31, 1987, of such obligation to join the Association or to pay an agency service fee shall excuse the Association from its indemnification obligation hereunder in any legal proceeding brought by or in behalf of such individual Administrator. New Administrators shall be required to sign a form acknowledging receipt of such notice from the School Department.  A copy of such form shall be supplied to the Association by the School Department.

5.   If the Association offers counsel to represent the School Committee and the School Committee declines, choosing instead to be represented by its own attorney, the Association shall not be responsible for legal fees or other litigation expenses of the School Committee but shall remain liable for damages.

ARTICLE XXII

EQUAL EMPLOYMENT POLICY

1.   The Association accepts the School Committee's Equal Employment Policy, as amended from time to time.

ARTICLE XXIII

HEALTH AND SAFETY

1.   The School Committee will try to maintain employment conditions free of known hazards to employee health and otherwise to be in compliance with applicable Federal or State laws.

ARTICLE XXIV

CRIMINAL OFFENDER RECORD INFORMATION POLICY

1.   The Association recognizes the right of the School Committee to conduct criminal record checks of Administrators, in accordance with State law and the School Committee's policy regarding criminal record information, as amended from time to time.

2.   Any Administrator who is convicted of a criminal offense on or after September 1, 2012 must notify the Superintendent of such conviction at the time of the conviction.

ARTICLE XXV

RESIGNATION

1.   An Administrator must provide the Superintendent with at least sixty (60) days notice of his/her severance of employment.  If an Administrator fails to provide such notice prior to resigning for purposes of retirement, s/he will be ineligible to receive sick leave buyback pursuant to Article XIII(6) of this Agreement, provided that the Superintendent may waive the sixty (60) day notice requirement in extenuating circumstances, which decision will not be arbitrary or capricious.

ARTICLE XXVI

ACCEPTABLE USE AND SOCIAL NETWORKING POLICIES

1.   Administrators will comply with the School Committee's

Acceptable Use and Social Networking policies, as amended from time to time.

ARTICLE XXVII

MISCELLANEOUS

1.   Teaching Duties:  Administrators with potential teaching responsibility (i.e., Directors other than the Director of Athletics and Intramurals, Coordinators and Supervisors) may be assigned to teach up to a maximum of two (2) teaching periods per day.

2.   Child Care Facility:  Two-thirds (2/3) of the available slots for children at the child care center to be provided by the School Department on School Department premises will be made available to parents who are employees of the School Department (both within and outside this bargaining unit). One-third (1/3) of the available slots for children will be made available to all other residents of the City of Somerville.

ARTICLE XXVIII

DURATION

1.   The two Contracts contained in this Agreement will be effective as of September 1, 2009 and will continue and remain in full force and effect until June 30, 2013.  The first and second benefit years of the second Contract (September 1, 2010 through June 30, 2013) will commence September 1, 2010 and September 1, 2011, respectively; the third benefit year will commence July 1, 2012, and Administrators' salaries and benefits will be adjusted accordingly.

2.   On or after November 1, 2012, at the request of either party, the parties will enter negotiations for a successor agreement.

SOMERVILLE ADMINISTRATORS                                            SOMERVILLE SCHOOL COMMITTEE,

ASSOCIATION,

_______________________________                                        ___________________________________

_______________________________                                        ___________________________________

_______________________________                                        ___________________________________

_______________________________                                        ___________________________________

APPENDIX A-l

CLASSIFICATION  PLAN

EFFECTIVE   SEPTEMBER  1,   2009

LEVEL

POSITION

WORK DAYS

1

Director-Special Education

215

2

Supervisor-Guidance/Testing

205

3

High School Assistant Principal

205

4

Department Head-Humanities (9-12)

205

 

Department Head-Math/Science (9-12)

205

5

Director-Vocational Education Coordinator-Elementary Curriculum,

205

 

Instruction and Assessment (1-8)

205

 

Supervisor-Special Education

205

 

Supervisor-Continuing Education Supervisor-Early Childhood Education/

205

 

Chapter I

205

 

Elementary Assistant Principal (K-8)

205

6

Director-Alternative Programs

200

 

Director-Athletics/Intramurals

200

 

Director-English Language Learner Programs

200

 

Supervisor-Art

200

 

Supervisor-Music

200

 

Supervisor-Special Education Programs

200

 

Supervisor-Reading

200

 

Supervisor-Library/Media Services

200

 

Supervisor-Health/Physical Education

200

7

Elementary Assistant Principal (K-6)

190

APPENDIX A-2

CLASSIFICATION PLAN

EFFECTIVE NOVEMBER 10, 2009

LEVEL

POSITION

WORK DAYS

1

Supervisor-Guidance/Testing

205

2

High School Assistant Principal

205

 

Assistant Principal for Career, Vocational

 

 

and Technical Education

205

3

Coordinator-Elementary Curriculum,

 

 

Instruction and Assessment

205

 

Assistant Director-Special Education

205

 

Supervisor-Continuing Education Supervisor-Early Childhood Education/

205

 

Chapter I

205

 

Elementary Assistant Principal (K-8)

205

4

Director-Alternative Programs

200

 

Director-Athletics/Intramurals

200

 

Director-English Language Learner Programs

200

 

Supervisor-Art

200

 

Supervisor-Music

200

 

Supervisor-Special Education Programs

200

 

Supervisor-Reading

200

 

Supervisor-Library/Media Services

200

 

Supervisor-Health/Physical Education

200

 

Department Head-Business Education

200

 

Department Head-English Language Arts (9-12)

200

 

Department Head-Mathematics (9-12)

200

 

Department Head-Sciences (9-12)

200

 

Department Head-Social Studies (9-12)

200

 

Department Head-Foreign Languages (K-12)

200

5

Elementary Assistant Principal (K-6)

190

6

Community Education Administrator

260

APPENDIX A-3

CLASSIFICATION PLAN

EFFECTIVE JULY 1, 2010

LEVEL  .

POSITION

WORK DAYS

1

Supervisor-Guidance/Testing

205

2

High School Assistant Principal

Assistant Principal for Career, Vocational

205

 

and Technical Education

205

3.A

Coordinator-Elementary Curriculum,

 

 

Instruction and Assessment

205

 

Assistant Director-Special Education

205

 

Supervisor-Continuing Education Supervisor-Early Childhood Education/

205

 

Chapter I

205

 

Elementary Assistant Principal (K-8)

205

3.B

Director-Student Services

212

4

Director-Alternative Programs

200

 

Director-Athletics/Intramurals

200

 

Director-English Language Learner Programs

200

 

Supervisor-Art

200

 

Supervisor-Music

200

 

Supervisor-Special Education Programs

200

 

Supervisor-Reading

200

 

Supervisor-Library/Media Services

200

 

Supervisor-Health/Physical Education

200

 

Department Head-Business Education

200

 

Department Head-English Language Arts (9-12)

200

 

Department Head-Mathematics (9-12)

200

 

Department Head-Sciences (9-12)

200

 

Department Head-Social Studies (9-12)

200

 

Department Head-Foreign Languages (K-12)

200

 

Coordinator-Title I

200

5

Elementary Assistant Principal (K-6)

190

6

Community Education Administrator

260

APPENDIX A-4

CLASSIFICATION PLAN

EFFECTIVE SEPTEMBER 1, 2010

LEVEL

POSITION

WORK DAYS

1

Department Chair-Guidance/Testing*

205

2

High School Assistant Principal

205

 

Assistant Principal for Career, Vocational

 

 

and Technical' Education

205

3

Coordinator-Elementary. Curriculum,

 

 

Instruction and' Assessment (1-8)

205

 

Assistant Director-Special Education

205

 

Supervisor-Adult and Continuing Education

205

 

Elementary Assistant Principal (K-8)

205

4

Director-Athletics/Intramurals

212

 

Director-Student Services

212

5

Supervisor-Art

200

 

Supervisor-Health/Physical Education

200

 

Supervisor-Library/Media Services

200

 

Supervisor-Music

200

 

Supervisor-Special Education Programs

200

 

Department Chair-English Language Arts (9-12)

(200

 

Department Chair-Foreign Languages (K:12)

200

 

Department Chair-Mathematics (9-12)

200

 

Department Chair-Sciences (9-12)

200

 

Department Chair-Social Studies (9-12)

200

 

Coordinator-Title I

200

6

Director-Community Education

260

*  Upon becoming vacant, the position of Department Chair for Guidance/Testing shall be moved from level 1 to Level 5 on the Classification Plan, with a corresponding decrease in the annual base salary for the position.  In addition, all other terms and conditions of employment for this position shall be consistent with the classification of other Grades 9-12 Department Chairs.

APPENDIX B-l

SALARY SCHEDULE

EFFECTIVE SEPTEMBER 1, 2009

FOR SERVICES PERFORMED AFTER AUGUST 31, 2009

 

ANNUAL

 

 

 

 

LEVEL

BASE

M+15

M+30

M+45

DOCTORATE

1

$98,595

$101,301

$104,007

$105,360

$106,714

2

$88,728

$91,435

$94,141

$95,494

$96,847

3

$87,830

$90,538

$93,245

$94,597

$95,950

4

$86,737

$89,445

$92,152

$93,505

$94,857

5

$84,006

$86,713

$89,420

$90,773

$92,126

6

$81,819

$84,526

$87,231

$88,585

$89,939

7

$77,445

$80,150

$82,857

$84,210

$85,564

8*

$63,440

$66,145

$68,850

$70,204

$71,558

* Effective November .10., .2009

In the event that an Administrator, after consultation, is assigned responsibility for performing the duties of another bargaining unit position in addition to those of his/her own position, the Administrator's annual base salary will be increased by $7,500 during the period of such assignment, and s/he will be relieved of any teaching duties during the same period.

APPENDIX B-2

SALARY SCHEDULE

EFFECTIVE FEBRUARY 1, 2010

FOR SERVICES PERFORMED AFTER JANUARY 31, 2010

LEVEL

ANNUAL BASE

M+15

M+30

M+45

DOCTORATE

1

$88,728

$91,435

$94,141

$95,494

$96,847

2

$87,830

$90,538

$93,245

$94,597

$95,950

3

$84,006

$86,713

$89,420

$90,773

$92,126

4

$81,819

$84,526

$87,231

$88,585

$89,939

5

$77,445

$80,150

$82,857

$84,210

$85,564

6

$63,440

$66,145

$68,850

$70,204

$71,558

In the event that an Administrator, after consultation, is assigned responsibility for performing the duties of another bargaining unit position in addition to those of his/her own position, the Administrator's annual base salary will be increased by $7,500 during the period of such assignment, and s/he will be relieved of any teaching duties during the same period.

APPENDIX B-3

SALARY SCHEDULE

EFFECTIVE JULY 1, 2010

FOR SERVICES PERFORMED AFTER JUNE 30, 2010

LEVEL

ANNUAL BASE

M+15

M+30

M+45

DOCTORATE

1

$88,728

$91,435

$94,141

$95,494

$96,847

2

$87,830

$90,538

$93,245

$94,597

$95,950

3.A

$84,006

$86,713

$89,420

$90,773

$92,126

3.B

$84,006

$86,713

$89,420

$90,773

$92,126

4

$81,819

$84,526

$87,231

$88,585

$89,939

5

$77,445

$80,150

$82,857

$84,210

$85,564

6

$63,440

$66,145

$68,850

$70,204

$71,558

In the event that an Administrator, after consultation, is assigned responsibility for performing the duties of another bargaining unit position in addition to those of his/her own position, the Administrator's annual base salary will be increased by $7,500 during the period of such assignment, and s/he will be relieved of any teaching duties during the same period.

APPENDIX B-4

SALARY SCHEDULE

EFFECTIVE SEPTEMBER 1, 2010

FOR SERVICES PERFORMED AFTER AUGUST 31, 2010

LEVEL

ANNUAL BASE

M+15

M+30

M+45

DOCTORATE

1

$90,503

$93,264

$96,024

$97,404

$98,784

2

$89,587

$92,348

$95,108

$96,489

$97,869

3

$85,686

$88,447

$91,208

$92,588

$93,969

4

$85,686

$88,447

$91,208

$92,588

$93,969

5

$83,455

$86,217

$88,976

$90,357

$91,738

6

$64,709

$67,468

$70,227

$71,608

$72,989

If a bargaining unit member is assigned to perform additional duties, the appropriate increase in compensation, if any, for such work will be determined on a case-by-case basis up to a maximum of seven thousand five hundred dollars ($7,500).

APPENDIX B-5

SALARY SCHEDULE

EFFECTIVE SEPTEMBER 1, 2011

FOR SERVICES PERFORMED AFTER A0GUST 31, 2011

LEVEL

. ANNUAL BASE

M+15

M+30

M+45

DOCTORATE

1

$92,765

$95,595

$98,424

$99,839

$101,254

2

$91,826

$94,656

$97,486

$98,901

$100,316

3

$87,828

$90,658

$93,489

$94,903

$96,318

4

$87,828

$90,658

$93,489

$94,903

$96,318

5

$85,542

$88,372

$91,200

$92,616

$94,031

6

$66,327

$69,155

$71,983

$73,398

$74,814

If a bargaining unit member is assigned to perform additional duties, the appropriate increase in compensation, if any, for such work will be determined on a case-by-case basis up to a maximum of seven thousand five hundred dollars ($7,500).

APPENDIX B-6

SALARY SCHEDULE

EFFECTIVE JULY 1, 2012

FOR SERVICES PERFORMED AFTER JUNE 30, 2012

LEVEL

ANNUAL BASE

M+15

M+30

M+45

DOCTORATE

1

$94,620

$97,507

$100,393

$101,836

$103,279

2

$93,663

$96,550

$99,435

$100,879

$102,322

3

$89,585

$92,472

$95,358

$96,801

$98,244

4

$89,585

$92,472

$95,358

$96,801

$98,244

5

$87,253

$90,139

$93,024

$94,468

$95,912

6

$67,653

$70,538

$73,422

$74,866

$76,310

If a bargaining unit member is assigned to perform additional duties, the appropriate increase in compensation, if any, for such work will be determined on a case-by-case basis up to a maximum of seven thousand five hundred dollars ($7,500).