APA Contract

ANCILLARY PROFESSIONS ASSOCIATION AND

FAIRFIELD-SUISUN UNIFIED SCHOOL DISTRICT

Bargaining Agreement July 1, 2022 - June 30, 2024

Union Negotiating Team Samantha Hyles Melinda MacKenzie Christina Miller Lesda McCready Jacqueline Munoz Casey Rivers Monica Saucedo

District Negotiating Team Angie Avlonitis Stavros Gougoumis

Governing Board Members Dr. David C. Isom President Craig Wilson Vice President Helen Tilley Board Clerk Jack Flynn Board Member Judi Honeychurch Board Member Ana Petero Board Member Bethany Smith Board Member

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Preamble

6

Article 1 - Recognition

6

Acknowledgement

6

Scope of Representation

6

Article 2 - Definition of Terms

6

Definition of Terms

6

Article 3 - Duration; Negotiation of Successor Agreement

6

Duration

6

Successor Agreement

6

Salary and Fringe Benefits

7

Negotiation Procedures

7

Article 4 - Fair Practices

7

Fair Practices

7

Article 5 - Grievance Procedure

7

Article 6 - Evaluation Procedure

11

Article 7 - Hiring, Assignments and Layoffs

13

Definitions

13

Procedures for Filling Vacancies

13

Article 8 - Pay and Allowances

15

Article 9 - Salary and Economic Benefits

15

Definitions

15

Compensatory Time

16

Salary and Work Year

16

Initial Placement on the Salary Schedule

17

Fringe Benefits

17 3

Travel Reimbursement

18

Benefits for Retirees

18

State Disability Program

19

Article 10 - Leaves

19

Sick Leave

19

Extended Leave of Absence

19

Personal Necessity Leave

19

Jury and Witness Duty

20

Bereavement Leave

21

Professional Study Leave

21

Sabbatical Leave

22

Parental Leave

22

Pregnancy Disability Leave (PDL)

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Child-Rearing Leave

23

Industrial Accident and Illness Leave

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Catastrophic Leave Bank

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General

28

Article 11 - Working Conditions

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Safety

29

Assault

30

Personal Property Protection and Liability Coverage

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Student Discipline

31

General

31

Article 12 - Non-Alliance Clause

32

Article 13 - Employee Discipline

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Discipline

32

Probationary Employee

32

Representation

33

Progressive Discipline

33 4

Confidentiality

33

Article 14 - Savings

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Signature Page

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APPENDIX

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A Grievance Form - Level I

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B Evaluation

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C Evaluation Input Form

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D Ancillary Professions Association Salary Schedule

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Preamble This agreement is entered into this 22nd day of March, 2022, between the Fairfield-Suisun Unified School District, hereinafter “the District,” and the Ancillary Professions Association, hereinafter “the Union.”

Article 1 - Recognition 1.1

Acknowledgement The Fairfield-Suisun Unified School District's Governing Board of Education, hereinafter referred to as the "Board," recognizes the Ancillary Professions Association of the Fairfield-Suisun Unified School District, hereinafter referred to as the "Association," as the sole and exclusive bargaining agent for certificated employees currently including the classifications listed below: All certificated individuals employed by the Fairfield-Suisun Unified School District as school psychologists, who are hereinafter referred to as employee or employees throughout this agreement. This includes individuals hired as interns with intern credentials who are given contracted positions. This would not include individuals who work for a contract agency, who are working on a short-term contract, or individuals working as substitutes.

1.2

Scope of Representation The Association, in turn, recognizes the Board or designated representative as the duly- elected representatives of the people and agrees to negotiate exclusively with the Board through the provisions of the Rodda Act.

Article 2 - Definition of Terms 2.1

Definition of Terms Definitions, when necessary, will be within the context of the provision of the contract in which the term is used.

Article 3 - Duration; Negotiation of Successor Agreement 3.1

Duration This agreement shall become effective July 1, 2021 and shall continue in effect until June 30, 2024.

3.2

Successor Agreement The parties of this agreement agree to commence negotiations for a successor agreement at least one hundred twenty (120) days prior to the termination date of this agreement, and in no event later than twenty (20) days after the public response by the Board to the Association's proposals for a successor agreement.

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For a number of years, the Association and District have been engaged in interest based bargaining and shall continue with this process.

3.3

Salary and Fringe Benefits It is agreed that salary and fringe benefits shall be subject to renegotiation annually.

3.4

Negotiation Procedures Negotiation procedures for successor agreements will be controlled by ground rules mutually agreed upon by the parties prior to the first negotiation session.

Article 4 - Fair Practices 4.1

Fair Practices The Board and the Association agree that there shall be no discrimination by either party on the basis of actual or perceived race, religious creed, color, national origin, ancestry, age, marital status, pregnancy, physical or mental disability, medical condition, membership in the union, participation in an employee organization’s legal activities with respect to implementation or exercise of the rights and responsibilities contained in this agreement, political affiliation, political opinions, genetic information, military and veteran status, gender, gender identity, gender expression, sex, or sexual orientation or their association with a person or group with one or more of these actual or perceived characteristics, or any other basis prohibited by law.

Article 5 - Grievance Procedure 5.1

5.2

Definitions a.

A "grievance" is an allegation by a grievant that there has been a violation, misapplication, or misinterpretation of the provisions of this agreement.

b.

A "grievant" is any employee who is adversely affected by a violation, misapplication, or misinterpretation of a provision of this agreement. In addition, the Association may present a grievance involving a specific instance involving named employees.

c.

A "day" is any day in which the central administrative office of the District is open for business, and the employee is normally scheduled to work.

d.

The "immediate supervisor" is the Director of Special Education, or designee.

General Provisions a.

By mutual written agreement of the parties, procedural levels may be bypassed when such an action would expedite the process.

b.

No reprisals of any kind will be taken by the Superintendent, any member or representative of the administration, or by the Board against participants in the grievance procedure by reason of such participation.

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5.3

c.

Employees may be represented at all stages of the grievance procedure by an employee or by a representative of their choice.

d.

All documents, communications, and records dealing with the process of a grievance will be maintained in a separate file by the receiving administrator and will not be kept in the personnel file of any of the participants.

e.

The parties shall have equal access to all documents and school district records which, within the laws of confidentiality, will assist in resolving grievances.

f.

The limits for appeal provided in each level shall begin the first regularly scheduled working day of the employee following receipt of the written decisions. These limits may be extended with the written agreement of the parties.

g.

Subject to the appeal of the Association, implementation of any proposed resolution of a grievance at any formal level will take place within five (5) days. If such implementation has not resolved the alleged violation, misapplication, or misrepresentation of the contract, the Association will proceed to higher levels of the grievance procedure.

h.

If a grievance arises from action or inaction on the part of a member of the administration at a level above the immediate supervisor, the aggrieved person shall submit such grievance in writing to the Superintendent or designee, and the processing of such grievance shall be commenced at Level III.

Procedure - Informal Level a. Before filing a formal written grievance, the grievant shall attempt to resolve it by an informal conference with the immediate supervisor. b. If the grievant is not satisfied with the results of this informal conference, the grievant may attempt to resolve the disagreement by an informal conference with the Assistant Superintendent of Human Resources before initiating formal grievance procedures.

5.3

Procedure - Formal Level Should the District receive a formal at any level grievance, the APA shall be provided a copy of the document, and shall be included in attempts to solve the grievance. a.

Level I: 1. Within thirty (30) days after knowledge of the occurrence of the act or omission giving rise to the grievance, the grievant must present the grievance in writing to the immediate supervisor on the proper grievance form (Appendix A).

2. This statement shall be a clear, concise statement of the circumstances giving rise to the grievance; citation of the specific article, section, and 8

paragraph of this agreement that is alleged to have been violated, misinterpreted, or misapplied; the decision rendered at the informal conference; and the suggested remedy or remedies sought.

3. The supervisor or a designee shall communicate a decision to the employee in writing within ten (10) days after receiving the grievance.

Within the above time limits, either party may request a personal conference. b.

Level II: 1. If not satisfied with the decision at Level I, the grievant may appeal the decision in writing to the Assistant Superintendent of Human Resources or designee within ten (10) days.

2. This statement shall include a copy of the original grievance; the decision rendered; a clear, concise statement of the reasons for the appeal; and the suggested remedy or remedies sought on the proper grievance form (Appendix A).

3. The Assistant Superintendent of Human Resources, or a designee, shall conduct an investigation into the allegations and shall communicate a decision in writing within ten (10) days after receiving the appeal. Either the grievant or the Assistant Superintendent of Human Resources may request a personal conference within the above time limits.

c.

Level III: 1. If not satisfied with the decision at Level II, the grievant may appeal the decision in writing to the Superintendent within ten (10) days.

2. This statement shall include a copy of the original grievance; the decision rendered; a clear, concise statement of the reasons for the appeal; and the suggested remedy or remedies sought on the proper grievance form (Appendix A).

3. The Superintendent shall conduct an investigation into the allegations and shall communicate a decision in writing within ten (10) days after receiving the appeal. Either the grievant or the Superintendent may request a personal conference within the above time limits.

d.

Level IV: 1. If the Association is not satisfied with the decision at Level III, it may proceed to arbitration within thirty (30) days. The Association shall provide written notification to the Assistant Superintendent of Human Resources of the decision to proceed to arbitration. Either party may request a personal conference and that request shall be honored. a. Within ten (10) days of such notification, representatives of the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator 9

to serve. If the parties are unable to agree upon an arbitrator within the specified period, the Association shall file a Demand to Arbitrate to the American Arbitration Association. The selection of the arbitrator and the arbitration proceedings shall be conducted under the Voluntary Labor Arbitration Rules of the American Arbitration Association. If the District contends that the grievance is not arbitrable or the grievant failed to adhere to procedures herein, such referral shall be primarily to determine the arbitrability of the alleged grievance. If the arbitrator determines jurisdiction and there is no procedural impediment, the arbitrator shall proceed to hear the merits of the grievance. b. Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator and be concluded within a reasonable time.

c. The arbitrator shall have available all documents relating to the grievance and any District records that would be helpful in resolving the problem. d. Within thirty (30) days after the conclusion of the hearing, the arbitrator's decision shall be in writing and shall set forth the arbitrator's findings of fact, reasoning, and conclusions on the issue(s) submitted. e. The arbitrator shall be without power or authority to make any decision which requires the commission of any act prohibited by law or which is in violation of the terms of this agreement. f. The decision of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding upon the parties of this agreement.

2. The arbitrator shall be subject to the following limitations: a. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this agreement. The arbitrator shall also be limited to fashioning remedies only within the terms of this agreement. b. The arbitrator shall have no power to establish salary structures.

This limitation does not apply to a recommendation to change placement on the salary schedule. c. The arbitrator shall have no power to validate or invalidate the content of evaluation(s). d. The arbitrator shall have no power to establish or recommend any financial award except for back pay. General and punitive damages shall not be awarded in any case.

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e. Expenses incurred by the arbitrator shall be shared equally by the District and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other except witnesses who are employed by the District shall be released at no cost to the Association. The grievant and the Association representative shall have release time to process the grievance. f. No probationary employee may use the grievance procedure in any way to appeal discharge or a decision by the District not to renew a contract.

Article 6 - Evaluation Procedure 6.1

Definition The "Immediate Supervisor" for purposes of evaluation is defined as the Director of Special Education, or designee.

6.2

Each employee shall be informed of the District's evaluation procedure in advance of its implementation. The Psychologist Coordinator shall inform new employees of the evaluation procedure as part of their orientation to the District.

6.3

The District Evaluation of School Psychologist Performance form is contained in Appendix B. Psychologists to be evaluated shall be notified of their assigned evaluator by the sixth (6th) week of the school year or six (6) weeks after the date of hire. Employees shall submit proposed goals on the Evaluation Input Form (Appendix C) to the evaluator no later than September 30th. An initial evaluation conference shall be held by October 31st. For employees hired after the start of the school year, the evaluation time lines shall be adjusted accordingly. Final evaluation shall be completed by March 1st for probationary employees, and April 15th for permanent employees.

6.4

Each employee may receive formal scheduled observations as a part of their evaluation. The number, frequency and duration of observations may vary with the requirements imposed by the type of services, the needs of the student and the individual situation. The evaluation of the employee shall be formalized on the District’s Evaluation of School Psychologist Performance form. Information for the evaluation may include, but not be limited to, the following: Observations Written communication Input from site staff Records of professional development activities The Immediate Supervisor has primary responsibility for compiling the information.

6.5

To the extent possible, observations shall be conducted in a manner that does not violate or interfere with the private and confidential nature of the psychologist-student relationship.

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6.6

After the formal evaluation conference, the employee shall receive one (1) copy of the evaluation instrument within ten (10) days. The employee may have up to five (5) days to comment and sign the evaluation instrument.

6.7

Probationary employees are to be evaluated annually. Permanent employees every three (3) years. After having worked in the District for ten (10) years or more, a permanent employee may be evaluated on a five (5) year cycle by mutual agreement. The Immediate Supervisor may evaluate any employee more frequently.

6.8

If there is a concern about an employee’s performance, the employee shall be informed and a conference scheduled in a timely manner with the Immediate Supervisor. The employee may request representation from the Association. If an intervention plan is developed, a written copy of the plan shall be attached to the evaluation instrument.

6.9

Follow-up conferencing is required for any employee with an intervention plan to review and document progress. All parties shall have the right to be accompanied by another person at this conference.

6.10

Complaints If a written complaint is made about an employee, the Immediate Supervisor shall notify the employee and provide a copy of the complaint to the employee.

The Immediate Supervisor shall conduct an investigation and schedule a conference with the employee.

6.11

Personnel files a. There shall be a single personnel file for each employee. Personnel files shall be kept in the central administrative office of the District. b. Materials in the personnel file of an employee shall be made available for inspection by the employee. Upon authorization by the employee, an Association representative may review the employee's file or accompany the employee in a review of the file. Employees have the right to inspect and obtain a copy of their personnel file materials upon request. c. Information of a derogatory nature shall not be entered or filed unless and until the employee is given notice and an opportunity to review and comment thereon. An employee shall have the right to enter, and have attached to any such derogatory statement, the employee's own comments. Such review, and any reasonable preparation of comments in response to the material and/or statement, shall take place during normal business hours. The employee shall be released from duty for a maximum of one-half (1/2) day per review without salary reduction. If the employee alleges that the material is false or based on unsubstantiated information or rumor from any unidentified source, a grievance may be initiated to determine the validity of such material. If such material is determined to be false or based on unsubstantiated information or rumor from an unidentified source, it shall be removed.

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In the event the District fails to comply with the provisions of this section, such material shall not be allowed as evidence in any disciplinary action against the employee or used by the District in any grievance filed by the employee. d. All material placed in an employee's personnel file shall be dated and signed by the person who caused the material to be prepared. e. Access to an employee's personnel file shall be limited to a "need to know" basis. Access authorization must be obtained from either the Assistant Superintendent or Director of Human Resources. The contents of all personnel files shall be kept in strictest confidence. The District shall keep a log indicating the persons who have requested a personnel file.

Such log shall be available for examination by the employee or an authorized Association representative.

Article 7 - Hiring, Assignments and Layoffs 7.1

Definitions a. An “assignment” is considered to be the position of a certificated employee at a school site or in a specific program. b. A “psychologist vacancy” is an unfilled certificated psychologist position. c. The “Lead Psychologist” is an individual selected by the Director of Special Education. The Lead Psychologist is assigned .4 FTE from their existing position.

7.2

Procedures for Filling Vacancies a. When a psychologist assignment becomes available, the worksite and FTE will be shared with all members of the association, including those on leave. Notification will be provided in written form via email within five (5) work days. b. Any district employee that has the equivalent or more FTE that the vacant position requires may express interest in the vacancy. All interested employees shall meet with the Director of Special Education or designee to discuss the expectations of the position. If selected, the Director of Special Education or designee will assign the employee that position. If the employee is not selected, the Director of Special Education or designee will provide the employee with feedback for their decision. The Director of Special Education should consider seniority and job performance when filling the position. c. The interview team for the vacant position shall include at least one (1) district psychologist. d. In the event there is a need for additional short-term psychologist time, current members shall be considered before the District contracts with outside individuals.

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e. Any employee with less than the required FTE that the vacant position requires must apply for the vacancy. All qualified internal applicants and selected external applicants shall be interviewed. The position will be filled on the basis of the District’s interview procedures.

7.3

Assignment Procedures a. The Association will present a schedule of assignments to the Director of Special Education for the following school year. Wherever possible, assignments will be evenly distributed among employees. An assignment allowing for less than a 30-calendar day contiguous vacation shall not be made except by mutual agreement between the employee and the Director of Special Education. b. The Director of Special Education shall give the Association a tentative schedule of assignments 30 days prior to the end of the school year (end of school year is considered the last day students are in attendance).

Based on this tentative schedule an APA member may bring forward concerns to the Lead Psychologist and Administrator in charge of scheduling. c. If circumstances arise that necessitate a change in an employee’s assignment or work calendar, the employee shall be notified prior to their return to work. The employee shall have the opportunity to discuss the changes with the Director of Special Education prior to the start of their new calendar, offer their input, and suggest alternatives. If a mutual agreement cannot be reached regarding the change, the employee shall have the opportunity to meet with the Director of Special Education and the Lead Psychologist and/or APA representatives to facilitate a resolution. The final responsibility for the employee’s assignment shall rest with the Director of Special Education.

7.4

Reduction in Work Force a. For the purposes of a district-wide staff reduction, part-time contracts can only be changed by employee request or mutual agreement with the District. b. In the event of a district-wide reduction in work force, restructuring, or reconfiguring, the following criteria will be applied equally to both full and part- time employees: 1. Employees shall be laid off based upon seniority. Seniority will be determined based upon the employee's initial hiring date within the District.

2. In the event two or more employees have the same hire date, the employee who has been employed the greater length of time in the District as a certificated psychologist will have seniority for the purposes of layoff. Time in the District as a university intern, not in 14

the capacity of a regular school psychologist, shall not be counted as seniority credit for the purposes of a layoff. In the event that two or more employees have the same length of days of service to the District as certificated psychologists, layoff status will be determined utilizing a lottery system.

Article 8 - Pay and Allowances 8.1

Employees, subject to the approval of the Board, are permitted to work less than a full- time contract.

8.2

A part-time employee is an employee working less than a 198 day full-time contract. The daily work day shall be an eight (8) hour day exclusive of the lunch period.

8.3

A full-time employee desiring to enter into a part-time contract for the upcoming year must submit a written request for leave or resignation that includes the percentage of their position they wish to reduce. All requests must be sent to the Assistant Superintendent of Human Resources or designee for approval.

8.4

Any employee desiring to permanently decrease any portion of their contract shall be required to resign that portion of the contract by submitting a written request that includes the percentage of their position they wish to reduce. All requests must be sent to the Assistant Superintendent of Human Resources or designee for approval.

8.5

An employee holding a part-time contract shall be assured for each succeeding year at least the same percentage of a full-time contract as is currently held.

8.6

Part-time employees working fifty percent (50%) of a full-time contract or more shall receive all fringe benefits as if they were full-time employees. Part-time employees working less than fifty percent (50%) of a full-time contract shall receive a prorated amount of fringe and leave benefits.

Association members are eligible for the Reduced Teaching Service Option as set forth in California Education Code Section 44922. Members interested in taking advantage of this option may contact the Human Resources Department.

8.7

Article 9 - Salary and Economic Benefits 9.1

Definitions a.

Full-Time Employee: A full-time employee is an employee working eight (8) hours per day exclusive of the lunch hour, 198 days per year.

b.

Part-Time Employee: A part-time employee is an employee working less than a full-time contract. The daily work day shall be an eight (8) hour day exclusive of the lunch hour.

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9.2

9.3

Compensatory Time a.

Compensatory time shall be defined as hour-for-hour as opposed to time-and-a-half.

b.

Any work-related activity or responsibility which necessitates service outside the contracted eight-hour day, with prior approval by the Director of Special Education or designee, may be counted towards a regular contracted work day, in increments of no less than one hour. In the event of any work-related emergency which necessitates service outside the normal eight (8) hour work day, and for which prior approval is not possible, the unit member shall contact the Director of Special Education or Designee as soon as able after the occurrence for approval. Up to 48 hours of compensatory flextime may be used per school year to be applied on non-student workdays. Approval will not be unreasonably denied.

Salary and Work Year a.

Effective July 1, 2019, the psychologists' work year shall be 198 days which may be distributed over a twelve (12) month period. Any extension of contracted work year shall be at the employees per diem rate of pay. On Fridays or on workdays preceding holidays, employees may leave one-half hour (30 minutes) prior to the end of their contracted workday of eight (8) hours, except when required to complete regularly assigned duties.

b.

Full-time school psychologists are expected to work all student days related to their assignments.

Each school psychologist will create a personal work calendar based on their specific assignment, which will be approved by their immediate supervisor, and reviewed by the assistant Superintendent of Human Resources or Designee.

Employees shall submit a copy of their proposed schedule of workdays no later than July 15th. The Director of Special Education shall return approved calendars to employees no later than August 1 of the current school year.

c.

Employees will be paid according to the attached salary schedule (Appendix D).

d.

If salary increases are higher than negotiated settlements for any other unit, “Me Too” language will apply.

e.

Masters degree, Doctorate degree, and Lead Psychologist stipends shall be paid as indicated on the School Psychologist Salary Schedule (Appendix D). Employees with multiple graduate degrees from accredited institutions shall receive payment for each degree in the subsequent month after the District receives confirmation of the degree.

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9.4

Initial Placement on the Salary Schedule New employees shall have a valid California credential and shall be given one (1) year of experience credit for each full year of experience or for any year including seventy- five percent (75%) or more of the school year in elementary or secondary public or accredited private schools. Experience credit for two districts may be combined if served in the same school year. Experience up to the maximum of the salary schedule excluding career increments will be granted.

Experience shall be granted year for year on the salary schedule.

Effective July 1, 2018, a 1% longevity increment will be included on the APA Salary Schedule. An individual must have worked six years in the District to qualify for this longevity increment.

9.5

Fringe Benefits a.

Part-time employees working fifty percent (50%) of a full-time contract or more shall receive full fringe benefits. Part-time employees working less than fifty percent (50%) of a full-time contract shall receive a prorated amount of fringe benefits.

b.

Medical Coverage: The District agrees to purchase single coverage for each eligible employee under one of the medical plans offered by the District. The District will contribute sixty-seven dollars ($67) each month toward dependent coverage.

c.

Dental Coverage:

The District agrees to contribute the amount necessary for the following coverage to be provided by the Delta Dental Plan: ● One hundred percent (100%) dental coverage for employees and dependents. ● Crowns and cast restorations up to one hundred percent (100%). ● A yearly maximum of one thousand seven hundred dollars ($1,700) if using a Delta Dental PPO. ● A yearly maximum of one thousand five hundred dollars ($1,500) if using a non-Delta Dental PPO. ● No waiting period on prosthodontics and orthodontics. d.

Vision Insurance: The District shall provide vision insurance for each employee and their dependents.

e.

Life Insurance: The District shall provide life insurance for each unit member working twenty

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(20) hours or more per week. The District will determine the carrier and shall have the freedom to change carriers or become self-insured. The current life insurance benefit is as follows: Participant’s age on the date of death, under 70- $25,000, 70 and over-$12,500. Should the District exercise the right to change carriers or become self-insured, any changes to the benefit levels shall be negotiated. f.

Cash In Lieu of Benefits: An employee who provides the District with proof of health coverage and does not enroll in a medical plan may elect to receive $192.09 per month as a taxable cash benefit. Employees eligible for full fringe benefit coverage may choose to receive fifty dollars ($50) per month as a taxable cash benefit in lieu of dependent coverage.

g.

Section 125 Plan: Employees may participate in the IRS Code Section 125 Plan as established by the District.

9.6

Travel Reimbursement Reimbursement for the use of an employee's personal car for required daily travel within the District shall be paid according to the rate established by the District.

9.7

Benefits for Retirees a.

The District will pay one-half (1/2) of the cost for medical/hospital insurance for each retired subscriber and one-half (1/2) the cost for dental insurance for each retired subscriber and dependents from the date of retirement to Medicare eligibility age or for 120 consecutive months, whichever period is shorter.

b.

To become eligible for these continuing benefits, the following requirements must be met by the employee at the time of retirement: 1. Employed in the District fifteen (15) years; 2. Fifty-five (55) years of age or older; and 3. Continue insurance coverage in the same plans the District offered the last year of employment except when the District discontinues that particular coverage. The retiree may choose from existing insurance carriers during the open enrollment period.

c.

Retired employees who become eligible for Medicare must shift to a plan which is designed to supplement the coverage of the Medicare system.

d.

After age sixty-five (65), the retired employee may elect to continue benefits by paying one-half (1/2) the total premium according to procedures established by the District. Continuance of such benefits shall be dependent upon the benefits being provided by the insurance carrier.

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e.

9.8

The retiree may continue group coverage for dependents provided the retiree pays all costs of the current premiums in advance monthly and provided the carrier(s) of the District plan(s) so allow.

State Disability Program An employee may elect to pay into the State Disability Program.

Article 10 - Leaves 10.1

Sick Leave Full-time employees shall receive ten (10) days of paid sick leave in each year of service. Part-time employees receive prorated sick leave.

New employees employed for less than the full work year shall receive credit based on the remaining months left in the work year. Sick leave not taken shall be accumulated from year to year. The Superintendent or designee may require verification of claimed illness or accident based upon reasonable cause. Whenever possible, medical/dental appointments should be scheduled outside the regular workday.

10.2

Extended Leave of Absence When accumulated days of sick leave have been exhausted, the employee shall receive the difference between the regular salary and the cost of a substitute as provided by law. The amount deducted for each day of absence, after the tenth (10th) day of absence, shall not exceed the sum actually paid to the substitute, or if no substitute is employed, the amount which would have been paid to the substitute (based on the Substitute Psychologist Salary Schedule) had one been employed. After five (5) calendar months of continued illness, an extended leave of absence without pay may be granted by the Board.

10.3

Personal Necessity Leave a. Sick leave may be used by an employee in cases of personal necessity.

Leave over two (2) days in duration will require the prior approval of the Assistant Superintendent of Human Resources or designee. b. "Personal necessity" means circumstances that are serious in nature to the employee, which the employee cannot reasonably be expected to disregard, that necessitate immediate attention, and which cannot be taken care of after work hours or on weekends. c. The employee shall not be required to secure advance permission for leave taken for any of the following reasons: 1. Death or serious illness of a member of the employee's immediate family. a.

The employee may use up to seven days of personal necessity to care for members of their immediate family who may be in need of assistance. Immediate family may include, 19

but not be limited to, the following: mother, mother-in-law, stepmother, father, father-in-law, stepfather, spouse, son, son-in-law, stepson, daughter, daughter-in-law, stepdaughter, brother, brother-in-law, stepbrother, sister, sister-in-law, stepsister, foster child, grandparent, grandchild, legal guardian or ward, niece, nephew, aunt or uncle, or first cousin of the employee or spouse, or any person living in the immediate household of the employee. Leave may be granted to the employee by the Superintendent or designee for any individual not listed herein. b.

In cases of serious illness or injury of a member of the employee’s family, specifically, Spouse, Domestic Partner, Parent, or Child the employee may apply on a designated leave form to the Assistant Superintendent or designee for use of up to seventy-five percent of their accumulated sick leave.

c.

The employee shall be required to provide medical certification of the family member’s serious illness or injury to access such leave.

2. Accident or imminent danger involving the employee's person or property, or the person or property of a member of the employee's immediate family.

3. Extension of bereavement leave.

4. Unforeseen emergency repair to family autos, homes, or major family property.

5. Inability to reach designated work site due to extreme weather conditions (i.e., flooding, etc.). d. Such leave shall not be taken for recreational travel, to engage in other employment, or to participate in Association-related political activities, demonstrations, or causes. e. Employees may apply for personal necessity leave in one hour half-day increments.

10.4

Jury and Witness Duty a.

Jury Duty 1. An employee shall be granted a leave of absence, without loss of pay, when regularly called for jury duty in the manner provided for by law. Fees received as a juror, exclusive of transportation, food, and lodging expenses, shall be reimbursed to the District.

2. The employee must return to work in cases when it is not necessary to be absent the entire day.

3. The District reserves the right to request written verification of jury duty services.

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b.

Witness Duty 1. An employee shall be granted a leave of absence without loss of pay not to exceed five (5) days in any school year when directed to appear as a witness in court other than as a litigant. The employee shall include the subpoena with the application directed to the immediate supervisor. The employee shall make payment to the District the fees received for services to the court as a witness, exclusive of transportation, food, and lodging expenses.

c.

Litigants 1. Litigants may use personal necessity leave.

10.5

Bereavement Leave a. An employee shall be granted leave of absence for the death of any member of the immediate family without loss of pay or deduction from other leave benefits found in this article. This leave shall be for three (3) days unless travel of more than two hundred (200) miles is required; in such case, the length of the leave shall be for five (5) days. If additional time is needed, personal necessity leave may be used. Five (5) days leave will be granted for the death of a current spouse. Under special circumstances, up to five (5) days additional bereavement leave may be granted by the Assistant Superintendent of Human Resources. b. Immediate family shall include, but not be limited to, the following: mother, mother-in-law, stepmother, father, father-in-law, stepfather, spouse, son, son-in- law, stepson, daughter, daughter-in-law, stepdaughter, brother, brother-in-law, stepbrother, sister, sister-in-law, stepsister, foster child, grandparent, grandchild, legal guardian or ward, niece, nephew, aunt or uncle, or first cousin of the employee or spouse, or any person living in the immediate household of the employee. c. Leave may be granted to the employee by the Assistant Superintendent of Human Resources for any individual not listed herein.

10.6

Professional Study Leave a. Upon the recommendation of the Superintendent, the Board may grant a year's leave without pay for employees for advanced study in their major or minor fields to improve competency in their current assignment, or to obtain competencies in other fields of education. b. Employees will be allowed to continue benefits at their own expense.

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10.7

Sabbatical Leave a. The Board may grant a sabbatical leave to not more than one (1) employee per year provided funds are budgeted. b. In order to be eligible for sabbatical leave, an employee shall have been employed in the District continuously for at least ten (10) years. The application for sabbatical leave must be made by February 1st of the year preceding the year in which the leave is desired. c. The employee granted sabbatical leave will be paid in twelve (12) equal payments. The rate of pay for an employee with ten (10) or more years of employment in the Fairfield-Suisun Unified School District will be one-half (1/2) of their current annual salary. d. Employees on sabbatical leave will be given one (1) year's credit on the salary schedule and will receive fringe benefits which are granted to other full-time certificated employees of the District. e. The employee must submit a planned program of travel or study to be undertaken during the leave. f. An employee taking sabbatical leave is requested to serve at least two (2) years in the Fairfield-Suisun Unified School District after taking sabbatical leave.

10.8

Parental Leave a. Parental leave shall be defined as benefits provided for by Section 44977 of the Education Code for absences necessitated by pregnancy, miscarriage, childbirth and recovery there from.

1. Differential pay will be provided for a maximum of sixty (60) consecutive work days, to commence no sooner than forty (40) work days prior to the anticipated first day of disability.

2. Differential pay to natural fathers may commence any date within one (1) year of the child’s birth and extend for a maximum of sixty (60) consecutive work days.

3. Differential pay granted in the case of adoption may commence on the day the child is placed in the home and extend for a maximum of sixty (60) consecutive work days. b. During the differential pay period, the unit member shall receive the amount of differential pay or sixty percent (60%) of the employee’s daily rate of pay, whichever is greater. Differential pay shall be the difference between the employee’s daily rate of pay and that of a regular day-to-day substitute. The employee shall submit, in writing, one of the following before their parental leave has expired: 1. Request to return to duties for the remainder of the current contract.

2. Request to take an unpaid leave for the remainder of the school year.

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3. Resignation from the District effective at the end of the school year. c. A leave of absence shall be granted to a unit member for the purpose of raising their natural or adopted child. Such leave shall normally not exceed twelve (12) months. Up to an additional twelve (12) months may be granted upon request. The District and the unit member may agree to extend the period of the leave beyond the twelve (12) months in order that the return date shall coincide with normal school breaks.

10.9

Pregnancy Disability Leave (PDL) a. A unit member who is disabled due to pregnancy, childbirth or related medical condition shall utilize available paid sick leave during the period of time she is disabled. Disability shall begin at the written request of the employee accompanied by a statement from a duly licensed health care provider indicating the period of time the unit member shall not be medically able to perform her duties due to pregnancy, child birth or a related medical condition. The employee’s group health benefits are maintained in accordance with the provisions of the California Fair Employment and Housing Act for up to four months.

10.10

Child-Rearing Leave a. A member of the bargaining unit shall be entitled to an unpaid child-rearing leave for the purpose of caring for a natural or adopted infant for a maximum of one (1) year. b. Health benefits during unpaid leave will be continued at no cost to the unit member in accordance with the CFRA, for up to twelve weeks. c. If a unit member is not found to be eligible for CFRA their health benefits shall be covered for no more than twenty (20) workdays. At the conclusion of the unit member’s CFRA and PDL rights, or at the end of the twenty days, if not eligible for CFRA, health benefits may be continued at the expense of the unit member. d. Unpaid leaves must be requested in writing to the bargaining unit member's immediate supervisor a minimum of two (2) weeks before the leave is proposed to begin. An APA employee returning from an unpaid leave of absence lasting more than thirty (30) days shall notify their immediate supervisor at least two (2) weeks before the end of the leave. e. This leave will comply with the Federal and State family and medical leave laws and shall provide benefits, terms, and conditions consistent with those laws.

10.11

Industrial Accident and Illness Leave a. Employees who sustain an injury or illness arising directly out of and in the course and scope of their employment shall be eligible for a maximum of sixty working days paid leave. Claims must be approved by the District's

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insurance carrier to qualify under this section. Industrial accident or illness leave will commence on the first day of absence. b. Payment for wages lost on any day shall not, when added to an award granted under the Worker's Compensation laws of this state, exceed the employee's full salary for the month. Industrial accident and illness leave shall be reduced by one(1) day for each day of authorized absence regardless of a compensation award made under the Worker's Compensation. When an industrial accident or illness leave occurs at a time when the leave will overlap into the next fiscal year, the employee shall be entitled to only that amount of leave remaining at the end of the fiscal year in which the industrial injury or illness occurred for the same illness or injury. c. Industrial accident or illness leave is to be used in lieu of normal sick leave benefits. When entitlement to industrial accident or illness leave under this section has been exhausted, entitlement to other sick leave will be used. If, however, the employee continues to receive temporary disability indemnity under the Worker's Compensation laws of this state at the time of the exhaustion of benefits under this section, the employee may elect to take as much of the employee's accumulated and available sick leave which, when added to the Worker's Compensation award, results in a payment of not more than the employee's regular salary. d. An employee requesting industrial accident or illness leave benefits may be required to comply with the medical verification and reporting provisions of the sick leave section of this article. e. Upon complying with District medical release requirements and receiving District authorization to return to work, an employee on industrial accident or illness leave shall be reinstated to the same position when the accident or illness occurred without loss of status or benefits. f. An employee shall be deemed to have recovered from an industrial accident or illness and thereby be able to return to work at such time as the employee and the employee's physician agree that there has been such a recovery. The District, at its cost, may request another medical opinion.

10.12

Catastrophic Leave Bank b. Creation 1. The APA and the District agree to create the Catastrophic Leave Bank effective July 1, 1993. The Catastrophic Leave Bank shall be funded in accordance with the terms of Section b. below.

2. Days in the Catastrophic Leave Bank shall accumulate from year to year.

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3. Days shall be contributed to the Bank and withdrawn from the Bank without regard to the daily rate of pay of the Catastrophic Leave Bank participant.

4. The APA Catastrophic Leave Bank shall be administered by a three (3) member APA Leave Bank Committee, which shall be composed of three members from the APA Negotiating Team. b. Eligibility and Contributions 1. All employees on active duty with the District are eligible to contribute to the APA Catastrophic Leave Bank.

2. Participation is voluntary and only participants will be permitted to withdraw from the Bank.

3. Contributions shall be made between July 1 and October 31 of each school year. Employees returning from leave and new hires will be permitted to contribute within thirty (30) calendar days of beginning work. The District shall supply enrollment forms for the Bank to all new members and those members returning from leave.

APA shall supply forms to all other members.

4. Employees who elect not to join the Bank within the enrollment period will not be eligible to join until the following year.

5. The employee will authorize the contributions on the appropriate form. Cancellation occurs automatically whenever an employee fails to make an annual contribution and is no longer eligible to withdraw from the Catastrophic Leave Bank as of the effective date of cancellation. Sick leave previously authorized for contribution to the Bank shall not be returned if the employee requests a cancellation.

6. The annual rate of contribution by each participating employee for each school year shall be one (1) day of sick leave which shall be deemed to equate to the legal minimum required by Education Code section 44043.5.

7. On November 1st of each school year, the District shall contribute one (1) day per participating employee into the Bank. In addition, the District shall contribute one (1) day per participating employee who returns from extended leave or is newly employed after the start of the school year. c. Withdrawal From the Bank 1. Catastrophic Leave Bank participants whose sick leave is exhausted may withdraw from the Bank for catastrophic illness or injury. Catastrophic illness or injury shall be defined as any illness or injury that incapacitates the employee for over ten (10) 25

consecutive duty days or incapacitates a member of the employee's family for over ten (10) consecutive duty days which requires the employee to take time off work to care for that family member. If a reoccurrence or a second illness or injury incapacitates an employee or member of the employee's family within twelve (12) months, it shall be deemed catastrophic after five (5) consecutive duty days.

2. Participants must use all sick leave (but not differential leave), as defined in Article 10.1, before becoming eligible for a withdrawal from the Bank.

3. Participants who have exhausted sick leave but still have differential leave available are eligible for a withdrawal from the Bank. The District shall pay the participant full pay and the Bank shall be charged forty percent (40%) of the day.

4. The first ten (10) days of illness or disability must be covered by the participant's own sick leave, differential leave, or leave without pay the first time the participant qualifies for a withdrawal draw from the Bank. For Example: ● If a participant had ten (10) days of accumulated sick leave when the illness began the participant shall begin withdrawing upon the eleventh (11th) duty day. ● If the participant had fifteen (15) days of sick leave at the beginning of the illness, the participant shall begin withdrawing days on the sixteenth (16th) duty day. ● If the participant had five (5) days of sick leave at the beginning of the illness, the participant shall begin withdrawing days on the eleventh (11th) duty day. Days 6-10 would be unpaid leave or differential pay as appropriate.

For subsequent withdrawals within twelve (12) consecutive months, the first five (5) duty days of illness must be covered by the participant's own sick leave, differential leave, or leave without pay.

5. If a participant is incapacitated, applications may be submitted to the Committee by the participant's agent or member of the participant's family.

6. Withdrawals from the Bank shall be granted in units to be determined appropriate on the basis of need by the APA Catastrophic Leave Bank Committee. Participants may submit requests for extensions of withdrawals as their prior grants expire.

A participant's withdrawal from the Bank may not exceed the statutory maximum period of twelve (12) consecutive months.

7. Participants applying to withdraw or extend their withdrawal from the Bank will be required to submit a doctor's statement indicating 26

the nature of the illness or injury and the probable length of absence from work. Members of the Committee shall keep information regarding the nature of the illness confidential. A participant's withdrawal may not exceed the statutory maximum period of twelve (12) consecutive months.

8. If a participant has drawn thirty (30) Catastrophic Leave Bank days and requests an extension, the Committee may require a medical review by a physician of the Committee's choice at the participant's expense. The Committee shall choose only a physician who qualifies under the District offered insurance policy. Refusal to submit to the medical review will terminate the participant's continued withdrawal from the Bank. The Committee may deny an extension of withdrawal from the Bank based upon the medical report.

9. Leave from the Bank may not be used for illness or disability which qualifies the participant for Worker's Compensation benefits unless the participant has exhausted all Worker's Compensation leave, the employee's own sick leave, and provided further that the employee signs over any Worker's Compensation checks for temporary benefits to the District. If there are any Worker's Compensation checks signed over to the District, the Bank will not be charged days or, if charged, will be reimbursed the number of days for which the Worker's Compensation payment is equivalent to a regular day of pay at the negotiated rate for that participant. If the District challenges the Worker's Compensation claim, the participant may draw from the Bank but, upon settlement of the claim, the Bank shall be reimbursed the days by the District.

10. When the Committee may reasonably presume that the application for a draw may be eligible for a disability award or a retirement under STRS or, if applicable, Social Security, the Committee may request that the draw applicant apply for disability or retirement.

Failure of the draw applicant to submit a complete application, including medical information provided by the applicant's physician, within twenty (20) calendar days will disqualify the member for further Bank payments. Any requests for additional medical information from STRS or Social Security shall be submitted within ten (10) days or the participant's entitlement to Bank payments will cease. If denied benefits by STRS or Social Security, the applicant must appeal or entitlement to the Bank shall cease.

11. If the Bank does not have sufficient days to fund a withdrawal request, the Committee is under no obligation to provide days and the District is under no obligation to pay the participant any funds whatsoever. If the Committee denies a request for withdrawal or an extension of withdrawal because of insufficient days to fund the request, they shall notify the participant, in writing, of the reason for the denial.

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d. Administration of the Bank 1. The APA Leave Bank Committee shall have the responsibility of maintaining the records of the Bank by receiving withdrawal requests, approving or denying the requests, and communicating its decisions, in writing, to the participants and to the District.

2. The Committee's authority shall be limited to administration of the Bank. The Committee shall approve all properly submitted requests complying with the terms of this article.

3. Applications shall be reviewed and decisions of the Committee reported to the applicant, in writing, within ten (10) duty days of receipt of the application.

4. The Committee shall keep all records confidential and shall not disclose the nature of the illness except as is necessary to process the request for withdrawal.

5. By November 15th, the District shall notify the Association of the following: a) The total number of accumulated days in the Bank on June 30th of the previous school year. b) The number of days contributed by employees for the current year. c) The names of participating employees. d) The number of days contributed by the District by participants returning from leaves or new to the District. e) The total number of days available in the Bank.

6. The District will notify the Association of the total number of days added to the Bank by new participants or participants returning from leave within two (2) weeks of their contributions.

7. Any dispute between the Committee and the District as to the accounting of the Catastrophic Leave Bank shall be handled through the Grievance Procedure in Article 5.

8. If the Bank is terminated for any reason, the days remaining in the Bank shall be returned to the then current members of the Bank proportionately.

10.13

General a. Employees may request a leave of absence with or without pay. They may apply in writing to the Superintendent or designee who shall respond as soon as possible following discussion with the Board.

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b. No leave granted by the Board will be considered an interruption in continuity of services for the purposes of qualifying for permanent classification. Employees returning from leave will be assured of a position with the same percentage of time and job title as was stipulated in the yearly contract immediately preceding their leave. There are no assurances an employee will be returned to the same assignment upon return from leave. In the event all certificated employees from this unit in the District are affected by an employee layoff process, a returning employee is not exempt from a reduction in force program. c. On sabbatical and parental leaves, or paid leaves of less than sixty-one (61) days duration, the Board is obligated to return the employee to the prior assignment.

However, by mutual agreement between the employee and the District, the employee may be returned to a different assignment. d. During all unpaid leaves, employees may continue to participate in District health, dental and vision plans at the employee's cost provided the employee makes payment within 30 days of the payment due date. e. For all paid leaves, employees shall continue to be covered under the District's health, dental and vision plans in accordance with Article 9.

Employees shall also receive credit for salary increments as if the employee were on duty for all paid leaves. f. Absence from the District for the purpose of professional development experiences such as workshops, conferences, and training seminars may be granted upon recommendation of the Director of Special Education.

Reimbursement will be based upon budgetary constraints. g. The District will provide leave for Association officers and committee members to conduct Association business.

Article 11 - Working Conditions 11.1

Safety a. Employees shall not be required to work in unsafe conditions or to perform tasks that endanger their health, safety, or well-being.

1. This would include adequate heating and cooling of work locations.

Emergency heating and/or other necessary equipment will be made available upon request.

2. Two-way communication systems that provide immediate access to the site office shall be available in the employee's work area.

3. Employees shall not be required to work with students having a history of physically aggressive behavior without the support of additional staff who have received non-violent crisis intervention training.

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4. In the event that there is a need for services off of a school site, the school psychologist has the discretion of consulting with the Director of Special Education, or designee, regarding measures to be taken regarding staff safety, which may include: Identifying an alternative place to assess, counsel or provide services, or having additional staff present. b. Upon notification, the District shall eliminate or correct any confirmed unsafe or hazardous condition within five (5) days. Failure to do so will result in the employee's or Association's right to initiate the grievance procedure at Level III. c. The District shall comply with provisions of the California Occupational Safety and Health Act, as amended (California Labor Code 6300, et seq.), and regulations relating thereto (8 California Administrative Code Section 330, et seq.). d. The District shall provide the Association with the initial notice of inspection and the final results of the CAL-OSHA investigation.

11.2

Assault a. Employees shall immediately report cases of assault suffered by them in connection with their employment to their site principal and the Director of Special Education. Both have a duty to report the incident to the police as soon as possible. Such notification shall immediately be forwarded to the Assistant Superintendent of Human Resources. The supervisor shall comply with any reasonable request from the employee for information in the possession of the District relating to the incident or the persons involved, and shall act in appropriate ways as liaison between the employee, police, and courts. b. The employer shall reimburse the employee for any and all costs incurred as a result of battery or any acts of violence committed against the employee, including repairing or replacing personal property which may have been taken, damaged or destroyed, and for all related medical costs not covered under insurance benefits. If an employee is not covered by a District medical plan, the maximum reimbursement amount for any one occurrence will be $500. c. When absence or disability arise out of or from assault, employees shall have the right to apply for and receive all leaves provided herein and to apply for extended leave, with or without pay; said leave being granted and paid at the discretion of the Governing Board. d. The District shall provide full support in criminal litigation, including legal and other assistance, to employees who may be assaulted while in performance of their duties. The District may choose to hire legal counsel to defend an employee if said employee is charged with a crime arising from the assault.

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11.3

Personal Property Protection and Liability Coverage a. Employees will be reimbursed the replacement value, or insurance deductible (whichever is less), of damaged, destroyed, vandalized, or stolen personal property (excluding money) in excess of $20.00 and up to a maximum of $500.00 per occurrence providing the member was acting in proper discharge of their duties and exercising prudent care of such articles. The exception to the $500.00 reimbursement limit shall be for personal computers which will be subject to a $1,000.00 reimbursement limit. A proof of cost or value must be submitted with the claim. Subject to District approval, the District will pay the cost of any required estimate or appraisal to repair or reimburse. b. Such indemnification shall be limited to losses incurred as a result of vandalism or burglary for personal items brought to the workplace. Any individual item exceeding $100.00 in value shall be declared on an annual personal property inventory with site administrator's approval. The form for such declaration shall be attached to the District's evaluation instrument.

Normally, District liability shall not exceed $500.00. Up to $1000.00 may be authorized under special circumstances by the Assistant Superintendent of Business Services. c. Reimbursement for vehicle damage shall be limited to payment of the deductible amount of the employee's insurance policy and shall not exceed $500.00 resulting from malicious acts while a vehicle is parked on or contiguous to school or other premises of the District. The District will only be liable for payment if the damage to the vehicle is a direct result of the employee's discharge of their professional duties. d. An agreement to this article does not preclude the employee's right to seek damages from the District in a court of law.

11.4

Student Discipline a. An employee shall not be subject to criminal prosecution or criminal penalties for the exercise, during the performance of the employee's duties, of the same degree of physical control over a student that a parent would be legally privileged to exercise but which in no event shall exceed the amount of physical control necessary to maintain order, protect property, or protect the health and safety of students, or to maintain proper and appropriate conditions conducive to learning (Education Code Section 44807).

11.5

General a. The District is responsible for providing adequate working conditions for employees to complete their assigned duties. b. The District shall provide employees with an adequate work space to conduct confidential assessments, interviews, meetings, work with groups of students as necessary, and other assigned duties. The employee’s 31

specific office or designated work location should contain a table, chairs, and lockable drawer, in addition to appropriate heating and cooling. c. The District shall provide employees with facilities to conduct necessary confidential telephone conversations. d. The District shall provide secretarial support and clerical assistance in ordering, monitoring, and distribution of assessment protocols, test kits, and will communicate with the Lead Psychologist as needed. e. The District shall provide employees with technological support in the form of computers and additional technologies and in-service training in their use. f. The employees shall be consulted regarding decisions which could directly affect employees' working conditions, and in the design of new schools and renovations of schools. g. Employees will be provided with or have access to materials necessary to perform their job duties. Employees will be provided a lockable file cabinet for the storage of confidential records, test kits, and protocols.

Article 12 - Non-Alliance Clause 12.1

The Association agrees that for the duration of this agreement neither the Association nor its members will encourage, cause or engage in any concerted activity that would impede the mission of the District.

12.2

The District agrees that, in the event of concerted activities by other District employees or associations to impede the mission of the District, the psychologists will not be required to be responsible for classroom instruction supervision or administrative duties.

Article 13 - Employee Discipline 13.1

Discipline The District may discipline an employee for just cause. Discipline may include verbal warnings, written warnings, and more formal actions. Such actions may not exceed suspensions of fifteen days without pay, unless formal discipline charges have been filed. Employee discipline may occur in parallel to procedures outlined in Education Code 44938, and 44939.

13.2

Probationary Employee The District's decision to process non-re-elected temporary or probationary employees shall not be considered discipline.

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13.3

Representation An employee may be represented by a member of the Association at any stage of the discipline process.

13.4

Progressive Discipline The following steps should be taken with regards to progressive discipline: 1.

Verbal Reprimand

2.

Written Warning

3.

Written Reprimand

4.

Suspension Without Pay

5.

Dismissal

The District should provide steps in a sequential process as outlined above.

However, in circumstances that are significant the District may skip steps in this matrix to effectuate the change needed.

13.5

Suspension Notice A notice of suspension will be provided to the employee in writing via personal service, or certified mail. The association will be provided a copy of this notice.

The notice will include, but not limited to: a. Statement of facts leading to the decision. b. Statement of cause for which action is recommended. c. Appropriate Education Code, policy, rule, regulation or directive violated. d. Identified suspension dates. e. Appropriate exhibits as warranted. f. Process for appeal.

13.6

Confidentiality All information related to employee discipline is considered confidential, and will be treated as such.

Article 14 - Savings 14.1

If any of the articles, sections, or provisions of this agreement shall be found to be contrary to or in conflict with federal or state law, that article, section, or provision only shall be rendered void with no effect because of the contradiction or conflict with federal or state law to any other article, section, or provision of this agreement.

14.2

This agreement shall constitute the full and complete agreement between both parties and shall supersede and cancel all previous agreements, both written and oral. This agreement may be altered, changed, added to, deleted from, or 33

modified only through the voluntary mutual consent of the parties in a written and signed amendment to this agreement.

Signature Page

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APPENDIX

35

A

Grievance Form - Level I

36

37

38

B

Evaluation

39

40

41

C

Evaluation Input Form

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D Ancillary Professions Association Salary Schedule: Two year agreement effective the pay cycle following a signed agreement through June 30, 2024 (Board approved October 13, 2022) BA + 75 Column A (+) 6 Days @ Per Diem Rate

6% salary increase effective pay cycle following signed agreement

FSUSD Proposal 9/29/2022 With a 2.5% salary increase effective July 1, 2023

There will be a 3.5% salary increase effective July 1, 2023 if the 2023-2024 anticipated projected COLA is 5.39% or greater

1

$80,442

$85,269.00

$87,399

$88, 252

2

$82,843

$87,814.00

$90,008

$90,886

3

$85,240

$90,354.00

$92,612

$93,516

4

$87,645

$92,904.00

$95,225

$96,154

5

$90,045

$95,448.00

$97,833

$98,787

6

$92,446

$97,993.00

$100,441

$101,421

7

$94,845

$100,536.00

$103,048

$104,053

8

$97,246

$103,081.00

$105,657

$106,687

9

$99,645

$105,624.00

$108,263

$109,319

10

$102,047

$108,170.00

$110,873

$111,954

11

$104,450

$110,717.00

$113,484

$114,592

12

$106,847

$113,258.00

$116,088

$117,220

13

$109,246

$115,801.00

$118,695

$119,853

14

$111,649

$118,348.00

$121,305

$122,489

15

$114,047

$120,890.00

$123,911

$125,120

1. Work Year: 198 work days/8 hours per day 2. Master Degree Stipend per 8.25.22 MOU: $1,785 3. Doctorate Degree Stipend per 8.25.22 MOU: $2,213 4. Lead Psychologist Stipend: $1,659 (Paid in two installments - November & April) At the start of the seventh year of service in the District, APA members will receive a longevity increment of 1% of their base salary.

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