THE STATE OF FLORIDA BEFORE THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA MARK T. PORTER, ) Superintendent of Schools, _) ) Petitioner ) ) v. ) Case No. ) ROSEMARIA ACIERNO, ) ) Respondent. ) ) ADMINISTRATIVE COMPLAINT Petitioner, MARK T. PORTER, Superintendent of Schools of Monroe County, Florida, files this Administrative Complaint against ROSEMARIA ACIERNO. Petitioner seeks to uphold the recommendation of termination of Respondent’s employment pursuant to Florida Statutes § 1012.40 and § 1012.27(5) and the policies of the Monroe County School District. In support thereof, the Petitioner states as follows: JURISDICTIONAL BASIS 1. The agency is THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA (hereinafter “School Board”), located at 241 Trumbo Road, Key West, Florida 33040. 2. The Petitioner, MARK T. PORTER, is the Superintendent of Schools in Monroe County, Florida. His address is 241 Trumbo Road, Key West, Florida 33040. 3. The Petitioner is statutorily obligated to recommend the placement of all school personnel and to require all employees to observe and comply with all applicable laws, rules, and regulations. Petitioner is required by law to report and recommend appropriate action against any school employee who fails to comply therewith, inclusive of the Respondent, ROSEMARIA ACIERNO (“Respondent”). 4. Pursuant to Florida Statute § 1012.27, the Petitioner has the authority to recommend that any school employee be suspended and/or dismissed from employment with the Monroe County School District. 5. The Respondent is an employee of the School Board and is currently employed as a food service worker within the Monroe County School District. Petitioner seeks to uphold a recommendation for the termination of Respondent’s employment. 6. The last known address of the Respondent is 87200 Overseas Highway, Islamorada, FL 33036. ADMINISTRATIVE CHARGES Petitioner, MARK T. PORTER, re-alleges Paragraphs 1-6, incorporates said paragraphs hereto by reference, and further states as follows: 7. Atall times pertinent hereto, Respondent was employed in a supportive capacity with the Monroe County School District, to wit: food service worker. 8. School Board Policy 4210 provides in pertinent part: 4210 - EMPLOYMENT, DISCIPLINE, AND/OR TERMINATION OF INSTRUCTIONAL SUPPORT PERSONNEL Support employees include all those employees who work in noninstructional, noncontracted roles and serve at the pleasure of the School Board subject to dismissal, transfer, promotion, or resignation and the provisions of a collective bargaining agreement. All support personnel shall become familiar with the policies of the School Board and other such policies, regulations, memoranda, bulletins, and handbooks that pertain to their duties in the District. Any support staff member employed by the School Board who shall be guilty of any willful violation of the policies of the School Board shall be guilty of gross insubordination and shall be subject to dismissal or such other lesser penalty as the School Board may prescribe. Appropriate behavior is expected of District employees at all times. Instructional support personnel may be terminated for one (1) or more of the following reasons: A. B. Failure to perform or to satisfactorily perform the duties of his/her position. Illegal possession, sale, or use of drugs on or off duty. Possession, use, or being under the influence of drugs or alcohol while on duty. Possession or use of any weapon while on duty. Committing, pleading guilty to, being convicted of, pleading no contest to, or agreeing to any intervention or diversion program involving, a felony, a misdemeanor involving moral turpitude, any offense listed in F.S. 1012.315, or any other crime for conduct that is inconsistent with the duties of the employee's position. Falsification or alteration of any employment document or paperwork, forms, certifications or certification or providing false information. Inability to perform the essential functions of the employee's position with reasonable accommodations provided as required by law. Unexcused absence from work or duties. Harassment or bullying of any student, employee or member of the public. Inappropriate relationship with a student. Any act of child abuse. Inappropriate interactions with a student, co-worker or member of the public, including but not limited to a physical or verbal altercation. Theft, embezzlement or misappropriation of School Board monies or property. Failure to comply with School Board policy, any applicable Federal, State or local law, rule or regulation or applicable contract. Use of any tobacco product in any area not designated for such use. Intentional damage to, damage caused by misuse or negligence to, or misuse or unauthorized use of any School Board vehicle, equipment, tools, or other property. Failure to correct performance deficiencies noted in an employee evaluation or counseling. Conduct unbecoming a School Board employee that disrupts or would reasonably be expected to disrupt the School Board's legitimate operations. Harassment of, or discrimination against, any person on the basis of that person's race, color, sex, age, religion, disability, national origin or ethnicity, marital status or sexual orientation or identification. Excessive absenteeism or tardiness. Political activity while on duty, or on School Board property, on behalf of any candidate for office or related to any issue which will be decided in an election. Use of the employee's position or employment for personal gain. Conflict of interest. Any conduct which demonstrates incapacity or unfitness to be employed by the School Board. Instructional support personnel may be terminated or disciplined for any reason deemed sufficient by the Superintendent, subject to review by the School Board pursuant to the grievance procedure set forth in the collective bargaining agreement or School Board Policy 4470. Suspension Pending Termination In the event that the Superintendent seeks the termination of an instructional support employee, the employee may be suspended with or without pay. 9. School Board Policy 4200 provides in pertinent part: 4200 - ETHICAL AND RESPONSIBLE CONDUCT As public servants, the School Board believes that all District employees must carry out their duties in an ethical and responsible manner, a manner that is, at all times, above reproach. The following are expected and required of all employees of the District: A. To abide by this policy, as well as the other policies herein, making the well-being of the students and the honest performance of professional duties core guiding principles. B. To obey local, State, and Federal laws, codes and regulations. C. To support the principles of due process to protect the civil and human rights of all individuals. D. To treat all persons with respect and strive to be fair in all matters. E. To take responsibility and be accountable for one’s actions. F. To avoid conflicts of interest or any appearance of impropriety. G. To cooperate with others to protect and advance the District and its students. H. To be efficient and effective in the performance of job duties. Discipline Pursuant to Policy 4139.01, an employee is subject to discipline, up to and including termination, for violation of this policy and the other policies listed herein. 10. Respondent is a member of the United Teachers of Monroe, and as such, is afforded the disciplinary procedure contained in the 2018-19 Collective Bargaining Agreement. A copy of that Collective Bargaining Agreement is attached hereto and is incorporated by reference as Exhibit A. 11. On or about January 8, 2019, Respondent was issued a verbal warning for failure to promptly report an on-the-job injury. This verbal warning was documented and executed 12 13. 14. 15. by Respondent on February 22, 2019. A copy of the verbal warning is attached hereto as Exhibit B-1. . On or about February 22, 2019, Respondent was issued a written directive for failing to promptly report an injury and continuing to prepare food intended for student consumption with an open wound on her hand, resulting in all food prepared by Respondent to be discarded. A copy of this written directive is attached hereto as Exhibit B-2. On or about June 12, 2019, Respondent was issued a Notice of Investigatory Findings following a complaint by Respondent’s supervisor that Respondent had utilized another employee’s register to complete a transaction despite having been previously instructed not to do so. While this Complaint was not ultimately pursued to a formal conclusion, Respondent was given a verbal instruction to be cautious in following the directions of her supervisors. A copy of the Notice of Investigatory Findings is attached hereto as Exhibit B-3. On or about September 20, 2019, Respondent was issued a Written Reprimand for failing to follow instructions on a number of issues, including serving proper food portions in accordance with United State Department of Agriculture regulations and violations of food safety procedures. A copy of this Written Reprimand is attached hereto as Exhibit B-4. On or about October 8, 2019, Respondent was provided with a Professional Development Plan to address numerous performance issued observed by Respondent’s Supervisors. Specifically, Respondent was advised of six areas of her performance needing improvement. It was also noted that many of these issues had been addressed with 16. 17. Respondent during an evaluation meeting on April 12, 2019, and that there had been little or no improvement on performance in these areas over the six months that had elapsed between the two evaluations. Respondent was informed that a follow-up evaluation would be taking place on or before November 8, 2019. A copy of Respondent’s Professional Development Plan is attached hereto as Exhibit B-S. On or about October 30, 2019, Respondent was provided a letter indicating that significant issues with her work performance continued to be observed. This letter specifically advised Respondent of four areas needing significant improvement, and that “failure to demonstrate immediate improvement by November 6, 2019, [would] result In further disciplinary action up to and including termination.” A copy of this letter is attached hereto as Exhibit B-6. Respondent has violated School Board Policy 4210 by, but not limited to, the following acts: a. Failure to perform or to satisfactorily perform the duties of his/her position; b. Inability to perform the essential functions of the employee's position with reasonable accommodations provided as required by law; c. Inappropriate interactions with a student, co-worker or member of the public, including but not limited to a physical or verbal altercation; d. Failure to comply with School Board policy, any applicable Federal, State or local law, rule or regulation or applicable contract; e. Failure to correct performance deficiencies noted in an employee evaluation or counseling; 18. 19. 20. f. Any conduct which demonstrates incapacity or unfitness to be employed by the School Board. On or about April 6, 2018, Respondent violated School Board Policy 4200 by, but not limited to, the following acts: a. Failing to treat all persons on school grounds with respect; b. Failing to advance the District and its students; c. Failing to be efficient and effective in the performance of job duties. Pursuant to Florida Statutes and School Board Policies and Rules, written notice was provided to Respondent on or about December 3, 2019 advising that Petitioner would be recommending the termination of her employment, and further advised Respondent of their right to request a hearing to contest the charges. That written notice is attached hereto as Exhibit C-1 and is incorporated herein by reference. Within 15 days after being served with said written notice, Respondent requested in writing a hearing to challenge the Petitioner’s recommendation to terminate their employment. This request is attached hereto as Exhibit C-2. PETITIONER’S RECOMMENDATION De Petitioner, MARK T. PORTER, Superintendent of Schools of Monroe County, Florida, recommends and requests that the School Board of Monroe County, Florida, the requisite notice having been provided to the Respondent, uphold the termination of Respondent ROSE ACIERNO’s employment with the Monroe County School District, predicated upon the foregoing facts and legal authority. EXECUTED this 20° day of Dec emboer _, 2019. K T. PORTER: Superintendent of Schools STATE OF FLORIDA ) ) SS: COUNTY OF MONROE _ ) BEFORE ME, the undersigned authority, personally appeared, MARK T. PORTER, to be known to be the person described in the foregoing instrument; and he acknowledged that he executed the foregoing instrument for the purpose therein contained. = WITNESS my hand and seal thisA? dayof_ Decembe— , 2019. - Karen T Hladik NOTARY PUBLIC, STATE OF FLORIDA Se, NoTARY PUBLIC G2: STATE OF FLORIDA My Commission Expires: a ais Comm# GG073815 EY” Expires 2/24/2021 Fe ae at, Adar ' CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this document has been furnished via U.S. Mail to: Rosemaria Acierno, 87200 Overseas Highway, Islamorada, FL 33036. and Holly Hummel-Gorman, 1310 United Street, #115, Key West, FL, 33040; and via email to: Dr. Ramon Dawkins, Director of Human_ Resources, Monroe County Schools, ramon.dawkins@keysschools.com on this 23 day of December, 2019. VERNIS & BOWLING OF THE FLORIDA KEYS, P.A. Attorney for Petitioner Islamorada Professional Center 81990 Overseas Highway, 3" Floor Islamorada, Florida 33036 Telephone (305) 664-4675 Telecopier (305) 664-5414 /s/ Gaelan P. Jones Gaelan P. Jones, Esq. Florida Bar No.: 117776 EXHIBIT A The Contract For School Related Personnel (Food Service, Custodians, Maintenance and Transportation) Between the District School Board of Monroe County 241 Trumbo Road, Key West, FL 33040 And the United Teachers of Monroe 1310 United Street #115, Key West, Florida 33040 FEA, Local 3709, AFL-CIO 2018-2019 gpCBERs — RS) % wR elated 8 TABLE OF CONTENTS ARTICLE I: GENERAL PURPOSES 00.0... ccccecccecsccsecsesceseessseesssecsssescseseseseseseessessesnsssesescesseseseseeeeeneeaneeees 1 SECTION 1: PREAMBLE ..0...ccceccccececceceeseesesseeesssessscscscscscscsesesesesessseesssescsesesssessscsesesesenssenssesssesecasaeee 1 SECTION 2: PURPOSE ..0. oc. eececccccecscescseseseseesesscssscssscscscscsescsesesesesessseassescsssesssesesesesesesseessessessssseceseeas 1 SECTION 3: PRESERVATION OF BENEFITS.. SECTION 4: DEFINITIONS SECTION 5: TITLES... SECTION 6: SEVERABILITY. 3 SECTION 7: WAIVER... cece cscs csesescsesesesesesesesssscssscscscscscscsesesesesesssesssescsesesssesssesesesessseseeeesaseeseeseseees 3 SECTION 8: COMPLIANCE WITH CONTRACTS. 00. .ccccccccsssesesesesessessscsescsesescsesescsesessenssenssesssseeeseaeae 4 SECTION 9: = NON-DISCRIMINATION .......cccccccesscssescseeseseesesessescsecsesessesesecseseseesesssseeesseessesseecsseeeseeeesseeees 4 SECTION 10: NO STRIKES wo... cecccccsecsesesesesesssscssscssscscscscscscsesesesesesssessssescscsesssesescsesesessensseessessseseesseees 4 ARTICLE II: RECOGNITION .....c. cece cece csescsesesescsesesesesesseessescssscscscsesesesesesesesesseecsssesssessseseseseseseesenaneeees 4 SECTION 1: POSITION CLASSIFICATION .......ccccccseeesesesesesescesesssecsssessscsescsesesesesesesneneseessessssseessaees 4 SECTION 2: MANAGERIAL/CONFIDENTIAL EXEMPTIONG........cccccccccceseesesceseseneseteesesseesesseeseeeee 5 ARTICLE TI: MANAGEMENT RIGHTS 10.0... cccceccsescsesesesseecsesessscsescsesesesesesesesessesesseesescsssesesesesssesseesseeees 5 SECTION 1: EXCLUSIVE MANAGEMENT AUTHORITY ......ccccccec ces csesesesceseseeesenssenesesetseenseseae 5 SECTION 2: CONTRACTING OUT 20... cccccccsccescecssscsesescsescsesesesesessecssscscsceesescsesesesesessseseessesesseeessaeas 5 ARTICLE IV: CONTRACT STATUS 20... cccccecccesesescesensseessssscssscscsescsesesesesessessesessecseecesseseseseseseeenenaneeees 5 SECTION 1: 6 SECTION 2: MAINTENANCE OF CONTRACTUAL STANDARDS.. 6 SECTION 3: CONTRACTING OUT.... 6 a7 A. COMPLAINTS... ccccccccccsccescsceseseseeseseescseecseseescsesecsesessesesscsaessescsessesssecscseseesesecscsesessessssceeseseesesseeesaeeeeass 7 B. DISCIPLINE OF AN EMPLOYEE.........c.cccccscscssesessesesceseseecsesesscsesecsesesseseessseeessseeeseseescseseeseseeesseseeseseseees 7 C. REPRIMAND — PRIVACY 0.0... cccccceeccccesesceseseseeseseescsesecsssecscsesecsesesscsessssesssseeecseseeseseescsesessesessssasecsesesaees 8 Dz. 8 E. 8 F. . ANONYMOUS INFORMATION OR COMPLAINTS .. 8 G. TASK FORCE —- MCSD PROGRESSIVE DISCIPLINE MANUAL .........ccccccesesssseseseeseseeseseseeseteseeeseeeees 9 SECTION 2: RESIGNATION ..0...ccecccccccccsescsesesessesesescssscscscscscsesesesesesessenssscsnscsesescsesesssesessssnesesssesenssecssaeas 9 SECTION 3: EMPLOYEE ACCESS TO INFORMATION .......ccccscssseesssesssesesescseseseseesseseseeesesseeseeseaeae 9 ARTICLE VI: UNION RIGHTS. 000... cecscsescsescsescsesesssescscscssscscscscsesesesesesesesseecsssessscessesessseseeesenaneeees 9 SECTION 1: UNION MEETINGS... .ccccccecscececseecsssescsesesescsesesesesesesesssscsescsesescsesesesesesseesesenssessssseeesaees 9 SECTION 2: REASONABLE ACCESS. ..0...cccccccessesesescsescseseseseseseecsssescscscscsesesesssesesseesseensseesnesesseeesenees 10 SECTION 3: TEMPORARY DUTY - UNION OFFICERS ......c.ccececcssescsesesescseseseseesseessneesseesteseesesesenens 11 SECTION 4: © MISCELLANEOUS SECTION 5: ARTICLE VII: SECTION 1: WORKDAY /WORKWEEK ........cccccccccccesscsesesesesceeesseecsssescscsescsesesesesesessessnensssssnssessssesenees 11 SECTION 2: WORKYEAR. ccc ccccccceeseeseseseeeeseeesescscscscscscsesesesesesseecssscscscscscsesesesesesesesessseesnecessescseaesenees 12 SECTION 3: BREAKS AND LUNCH ou... cscs escsescseseseseeseeesssescscsescsesesesesesessessnensseesnesesseeesenees 12 SECTION 4: OVERTIME 2... cceccccccccecsescsesesesecsceesescsessscscsesesesesesessecssscscscscscsesesesesesesesesssesssecessescsseesenens 13 SECTION 5: UNIFORMS/EXAMS/EQUIPMENT ..0......cccccssccessceessecsescsesescsesesesesessesssenssecsssesessaesenens 14 SECTION 6: INITIAL EMPLOYMENT ...0...ccccccc ce escsescsesescsesesseecsseescscsescsesesesesesessessnenssecsescesseeenenees 14 SECTION 7: BOARD SUPPORT 0.0... cccccccseecssecsescsessscsesesesesesesesesesssecsescsesescsesesesesesseesseenssseessesessaesenees 15 SECTION 8: MISCELLANEOUS 2.0... cccccseescsseesescsesescsesesesesesesesesecssecscscscsescsesesesesessessesesssesssescssaesenees 15 SECTION 9: BUS DRIVERS... cecceeccccesecesseeessecsescscssscsesesesesesesesesecssecscscscscseseseseseseseeessesessecessescseaesenees 15 SECTION 10: FOOD SERVICE EMPLOYEES. ........ccccccsscssscsssesesesesssecessescssscssscsescscsesesesesesenenssesssesenenees 19 SECTION 11: CUSTODIANS. 0.0... cece cscs escsescseseseseseseseseeeesscecssscscsescsesesesesesssessssessecsnscssseseasseseneneseeee SECTION 12: DRUG AND ALCOHOL TESTING 2....ccccceeecseeseseeesescseseseseseseseceneeesssensseessseseseaenenens 20 SECTION 13: TRANSPORTATION MECHANICS AND MECHANIC HELPERS...........c cece 22 ARTICLE VIII: ASSIGNMENTS/TRANSFERS/PROMOTIONS ......c.cccccssesesssesesesesescseseseseseseseseenessnensseeeneeaes 23 SECTION 1: ASSIGNMENTS... ccecsccccsesesesessssesesesessscscsesesesesesesesessscsescecsescsesesesesesseesssenssecessescaseesenees 23 SECTION 2: TRANSFERS .0.....ccccccccccesescsesesesesessseesescsescscscsesesesesesessecssscscscscscecseseseseseseeessssessecessescsseesenees 24 SECTION 3: PROMOTIONS ...0...cccecceccccccsecssseeeseeesescsessscscscseseseseseseseessscscscecsescsesesesesesseessesnssecessesesseesenens 25 ARTICLE IX: LEAVES... ccecececcescescseseesseeesseecssscscsescsesesesesesesessecsvscscsesesceesescseseseseseseseessesesssssnecasseseaeeees 25 SECTION 1: SICK LEAVE/MEDICAL u....ccc ccc es cecsescseescseeseecsssessscsescsesesesesesessetseensssessesesseeenenees 25 SECTION 2: FAMILY MEDICAL LEAVE ACT (FMLA) ......cccccecsesesesesesceseseeseseessssnsssesescsssesesenees 26 SECTION 3: EXTENDED SICK LEAVE POLICY 0... cecccccescsessseeeseesescsesescsesesesesessesssenssecsssescsesesenees 26 SECTION 4: ILLNESS OR INJURY-IN-LINE-OF-DUTY LEAVE... ccccccsescseseseseseesesessecsesesesesenenens 26 SECTION 5: = SICK LEAVE POOL o....cecccccessecsseesescsessscscsesesesesesesesesssecssscsesescsesesesesessesseenessesnesseasaesenees 27 SECTION 6: PERSONAL LEAVE WITH PAY... cccccesescsesesesseeesssescscsescsesescsesesesesesssenssecsnsssessaesenees 27 SECTION 7: MILITARY LEAVE ........cccccccccccessscessscsesscseesssesescseescsescseecsesececsesessesesscsesessesesseessseeecssseeaeaes 27 SECTION 8: TEMPORARY DUTY LEAVE - JURY DUTY - WITNESS. ......o. cece ceees sees esesesesesenene 28 SECTION 9: LEAVE FOR ELECTED OR APPOINTED PUBLIC OFFICIALS........0ccceceeseeeeseeneee 28 SECTION 10: PAID LEGAL HOLIDAYS... cece ee esesescseseseesenseecsssescscsessseseseseseseeeneseneneesnenees 28 SECTION 11: TERMINAL LEAVE PAY oo .ceicececcccccceeseseseseseeeessseecscsescscsescseseseseseesseessesessesseecsssesesenees 29 SECTION 12: LEAVE WITHOUT PAY ou... cccccccceessececseeesseesescseseseseseseseseseeessscssssseseecsesessseseseseseneees 29 SECTION 13: PARENTAL LEAVE..0....cccccceccccccsescsesesesseecsssescsesescsesescsesesesesesensssesescseseecsesesesesenssaneseeas 30 SECTION 14: CONTINUITY OF EMPLOYMENT 1.0.0.0 cicecceesceeseeeeceseesseesessseseecseseseseseseeneneees 30 SECTION 15: ANNUAL LEAVE woe ccccccccccccseseeseeesseecsssescscscscsesescsesesesesesensnsssesescssseecsesessaesesesaneneeas 30 ARTICLE X: EMPLOYEE SAFETY.... +30 SECTION 1: SECTION 2: PROTECTIVE CLOTHING AND EQUIPMENT .........ccccccccsscscsesessesesseseneseeesssseesssseeesestereaes 31 SECTION 3: TRAINING Wu... cc ccececcecccesescseescseeecsesesscsesscseeessescscsecscsescsessesesecsesesecsesesseseseseesessesscseecseeteaeaes 31 SECTION 4: HEALTH AND SAFETY COMMITTEES .........cccccccsssesescesesessescsecsesesecseseseeseessseeessesesseseeseaes 31 SECTION 5: TRAINING COMMITTEE ........cccccccsscsssscssessseesesessescseescsescsesecsesesecsesesscsesessesesseessseeseateasaes 32 ARTICLE XI: PERSONNEL FILES .0....cccccccccccsesesescsesesesesesesesesesenssecssscscscscsesesesesessseesesssssescessssessseseaenees 32 iii SECTION 1: PROCEDURES... cccccccccccesececsseesescscssscscsesesesesesesesecssecscscsescsesesesesesesesesseesssecsssescsseesenees 32 SECTION 2: ACCESS TO FILE .0....c.cccccccsssssssessssesescscssscseseseseseseseseesssecsescsesescsesesesesesseesssenssecesseesseeesenees 32 SECTION 3: MAINTENANCE OF FILES .0.....cccccccceseesecsecseseeesseeessscscscsescscsesesesesessessesnsssessscesssseseaees 33 ARTICLE XII: EMPLOYEE EVALUATION .Q.uu...ccceccecescceseseseseeesseeesssescscsescscsescseseseseseseeessesessesssecesseeeaeeeee 33 ARTICLE XIE: RIF/RECALL.ww ccc ceccecece cece eecsesesescscsesesesesesesesesecsvscscscsesceesescseseseseseseseeesseesssesssesseseaenenees 34 SECTION 1: REDUCTION IN FORCE ..0....cccececcccsseessscseeseseesesesescseescsesesesecscsesecsesessesesessesesseecsseeessetessees 34 ARTICLE XIV: TASK FORCES AND COMMITTEES. .......c.cccccsscsssscsesesesescseseseseseseesenseessesesssessscsssesenesees 34 SECTION 1: SCHOOL RELATED EMPLOYEE OF THE YEAR SELECTION COMMITTEE .............. 35 SECTION 2: SCHOOL CALENDAR TASK FORCE .Q.......cccccssesseessseesescsesescseseseseesseesssensssesssesessaesenens 35 SECTION 3: STUDY COMMITTEES ..0....c.ccccccccescsescsescseesesesesseecssscscscsescscsesesesesesessesnsssesnssessesesenees 35 SECTION 4: INSURANCE COMMITTEE. ......ccccccscccssscseseeseseseeesseecsssescscsescscsesesesesessessesnsssessssessesenenees 36 SECTION 5: SUBSTANCE ABUSE POLICY AND PROGRAM ......cicccceseseseeseteeseeeeeeeessecstsesenesesenens 36 ARTICLE XV: SALARIES AND SUPPLEMENTS ...0....c.ccccccesceesseeesseescscsessscsescsesesesesessseeensesessesssseseseaeneeees 36 SECTION 12 occ ccccecccecescsesesesecesecssscscssscseseseseseseseseecsssescscscscscscsesesesesesesssaessscsescecsescsesesssesesseesseeessecssseseseeesenees 36 SECTION 23 ..ccccccscscsescsescesecesecssscscscscscseseseseseseseesssescscscssscscsesesesesesesssaessscsescecsescsesesssesesseesseesssecesssscsesesenees 36 SECTION 33 ..ececccscscsescseseesssssecsssescscscscsesesesesesaseseesssescscscscscscsesesesesesesesesssscsesceesescsesesesesesseessesessscessescseeesenees 36 SECTION 42 o.eccccccccccsescsescssesssecsssescssscscsesesesesesesesesssessscscscscscsesesesesesesssesssecsescscsescsesesesesesseessesessecessescseeesenees 36 SECTION 53 occ ccccsccccsecsesesssesesecssscscssscsesesesesesesassecsssessscscscscscsesesesesesesssesssecseecscsescsesesesesesseessesessecessescseaesenees 37 ARTICLE XVI: COMPENSATORY BENEFITS. 00.0... cccccssscssseseseseesssesssesescscsescsesesesesesesenseecsessecsssessseaeneneee 37 SECTION 1: HEALTH INSURANCE ......cccccccces cscs cscsescsesesesesesseecssscscscsescsesesesssesesseessnsesssesnssssaeeeaenees 37 SECTION 2: TRAVEL REIMBURSEMENT ...0....cccccceceesesesescesenesseeesseescscsescsesescsesesesseenscenssecsssescseeesenees 39 SECTION 3: SICK LEAVE AND ANNUAL LEAVE... ccccccseecsseesescsesescsesesesesessessssnsseesssesessaesenens 40 SECTION 4: ANNUAL INCENTIVE PAYMENT FOR ATTENDANCE ........cccccsseesesesseseseseseseseneee 40 SECTION 5: 403b / 457 BENEFIT PLAN ...0...eccceccceseceeseeesesesssesescsesescsesesesesssescscecssecsesesesesesseeseeeesseeneeaes 40 ARTICLE XVII: TERM OF AGREEMENT uci cececceseceseeeeesseecsssesssesescecsescseseseseseseseeessesessessnecesseaeaeeeee 41 SECTION 12 occ ccccecccecescsesesesecesecssscscssscseseseseseseseseecsssescscscscscscsesesesesesesssaessscsescecsescsesesssesesseesseeessecssseseseeesenees 41 SECTION 23 ..ccccccscscsescsescesecesecssscscscscscseseseseseseseesssescscscssscscsesesesesesesssaessscsescecsescsesesssesesseesseesssecesssscsesesenees 41 SECTION 3: LENGTH OF CONTRACT uo. cccesescscsesesesesesenseecsssescscscscsesesesssesessesseenssseenssesseeenenees 41 APPENDIX A: GRIEVANCE PROCEDURE .........cccececscescscseseseseeesseeesssessscsescscsescseseseseseeeessseeessesssecesseeeneneee 43 APPENDIX B: PERSONNEL FILES 0.0... cscececscscssscssseeesescsssesesescsesescsesesesesesesecsesescscssecsesescsesesssessseesssensneeeneeees 53 APPENDIX C: SICK LEAVE POOL 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APPENDIX D: PAYROLL DEDUCTION ......c.cccccsscsssescsesescsesesescsesesesesesesesssescscscsescsesescseseseseseseessnensseeeneeees 60 APPENDIX E: BENCOR .......cccecscsesssesssescseseseseseseseeeesscscsesescscscscscsesesesesesesesesesssescesecscsesssesessseseseesssensseeeneeaes 60 APPENDIX F: INTERVIEWING AND RANKING FORM FOR VACANT OR NEW POSITIONG............. 66 SALARY SCHEDULE ....c.ceccccceccsessscscsescseseseseseseseesensvecscsescscsesescsesesesesesesessseessssessscsesesssesesesesesseesssensseneeeeaes 75 ARTICLE I: GENERAL PURPOSES SECTION 1: PREAMBLE WHEREAS, meeting the educational needs of the children, youth, and adults of Monroe County requires the full cooperative effort of all employees of the Monroe County School System; the Board and the Union pledge their individual and joint support to bring about the highest quality performance in the educational program of the District School Board of Monroe County; and WHEREAS, the Board and the Superintendent of Schools, hereinafter referred to as the "Superintendent", have the constitutional and statutory authority, respectively, for the operation of the District School Board of Monroe County in addressing the educational needs of the community; and WHEREAS, the Union and the Board, following good faith negotiations have reached certain understandings and in consideration of the following mutual covenants, it is hereby agreed as follows: SECTION 2: PURPOSE This contract is negotiated under Florida Statutes Chapter 447, Part IL, in order to fix for its duration, wages, hours, and terms and conditions of employment. The parties believe that where effective and harmonious working relationships can be encouraged between the Board, the employees and the Union, the cause of public education can best be served. The Union and each of its members affirm the concept that all employees support the effective and active development of a positive, progressive, and cooperative attitude toward the operation of schools in Monroe County. SECTION 3:_ PRESERVATION OF BENEFITS Nothing contained herein shall be construed to deny any employee their rights under State Law or under State Board of Education rules or under School Board Rules. However, any alleged denial of these rights shall not be grievable but shall be dealt with under available statutory and administrative remedies. SECTION 4: DEFINITIONS These definitions are to be used to assist in clarifying and understanding the intent and language of this contract and do not constitute more than working definitions within the context of this contract. Board: The District School Board of Monroe County Board Rules: That body of rules adopted by the District School Board of Monroe County. Days: As referred to in the time limits herein, days shall mean working days. Directives: Those administrative directives issued by the Superintendent or the designee(s). District: The Monroe County School System. Employee: All personnel in the unit represented exclusively by the Union who work at school sites or other sites of the district school board. Grievant: The grievant shall mean any full-time or part-time employee and such other person who is a member of the bargaining unit. Parties: The United Teachers of Monroe, as the exclusive bargaining agent, and the District School Board of Monroe County as Employer. Principal: The chief administrator of a school site. Work Site: That location where the member of the unit performs his/her duties on an itinerant or regular basis. State Regulations: That body of regulations adopted by the State Board of Education and the State of Florida and directives issued by the Commissioner of Education to clarify and implement State Statutes which relate to education in the State of Florida. Superintendent: The Superintendent of the District School Board of Monroe County or the designee(s). Supervising Administrator: The individual who serves as the ranking administrator at the work location. Union: The United Teachers of Monroe, FEA, AFT Local 3709, AFL-CIO, as the exclusive bargaining agent representing members of the bargaining unit. Unit: That group of non-exempt employees determined by the Board and the Union and approved by the Florida Public Employees Relations Commission, hereinafter called "PERC", to be appropriate for the purpose of collective bargaining. Q. Time in the district - length of service from hire date R. Qualifications: meets the minimum qualifications and ADA requirements of the job description. S. Training: Any formal technical training related to the job description of the job advertised. T. Experience: Any verifiable experience obtained which develops skills related to any of the essential job functions listed in the job description. U. Vacancy: Any current position in the school system that is advertised. V. New position: Any position that did not exist in the district prior to posting for the first time. SECTION 5: TITLES Titles of the Articles herein shall not in and of themselves affect the meaning, construction, or effect of any of the sections or provisions of this contract. SECTION 6: SEVERABILITY Should any provision of this Agreement be declared illegal by a court of competent jurisdiction or as a result of State or Federal legislation, said provision shall be void and the parties will attempt to renegotiate the provision to conform it to law, but the remaining provisions shall remain in full force and effect for the duration of this Agreement, if not affected by the deleted provision. SECTION 7: WAIVER The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreement arrived at by the parties after the exercise of that right and opportunity are set forth in the Agreement. Therefore, each party voluntarily and unqualifiedly waives the right to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge and contemplation of either or both of the parties at the time they negotiated or signed this Agreement. SECTION 8: COMPLIANCE WITH CONTRACTS The parties agree that all employees of the Board shall implement and carry out the provisions of this collective bargaining agreement entered into by the Board and the Union. SECTION 9: NON-DISCRIMINATION The provisions of this contract shall be applied without regard to race, creed, color, religion, national origin, age, sex, disability, or marital status, unless such condition is imposed by acourt, State or Federal agency. Alleged violations of the preceding shall be resolved through appropriate administrative or judicial proceedings and shall not be subject to the grievance/arbitration procedure. SECTION 10: NO STRIKES Pursuant to Florida Statute 447, no public employee or employee organization may participate in a strike against a public employer by instigating or supporting in any manner, a strike. Any violation of this section shall subject the violator to penalties provided in this part. "Strike" means the concerted failure of employees to report for duty; the concerted absence of employees from positions; the concerted stoppage of work by employees; the concerted submission of resignations by employees; the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of the duties of employment with a public employer for the purpose of inducing, influencing, condoning, or coercing a change in the terms and conditions of employment or the rights, privileges, or obligations of public employment, or participating in a deliberate and concerted course of conduct which adversely affects the services of the public employer; the concerted failure of employees to report for work after the expiration of a collective bargaining agreement; and picketing in work after the expiration of a collective bargaining agreement; and picketing in furtherance of a work stoppage. The term "strike" shall also mean any overt preparation including, but not limited to, the establishment of strike funds with regard to the above-listed activities. ARTICLE II: ~RECOGNITION SECTION 1: POSITION CLASSIFICATION The Board hereby recognizes the Union as the exclusive bargaining agent for the employee unit comprised of all blue-collar employees, including, but not limited to, those in the following classifications: A/C Refrigeration Mechanic, School Food Service Assistant, Mechanic/ Automotive, Mechanic/ AV Electronics, School Food Service Baker, Mechanic/ Paint and Body, School Bus Driver and Permanent Substitute, School Bus Aide, Mechanic/ Carpenter, Cashier/Food Service, Cook Food Service, Custodian, Food Service Driver, Mechanic/ Electrician, Groundskeeper (Gardener), Laborer, Labor Foreman, Mechanic/ Mason, Mechanic/Helper (Maintenance) (Transportation), Mechanic/Painter, Mechanic/Plumber, Mechanic/Roofer, Storekeeper, Warehouseman, Lead Carpenter, Lead Custodian, Lead Mechanic, and Transportation Foreman. SECTION 2: MANAGERIAL/CONFIDENTIAL EXEMPTIONS The Union recognizes the authority of the Board and/or Superintendent to designate new administrative or supervisory positions as managerial or confidential. The Union further recognizes the authority of the Board and/or Superintendent to designate persons in an acting capacity for a maximum of one (1) fiscal year to fill administrative or supervisory positions. ARTICLE I: MANAGEMENT RIGHTS SECTION 1: EXCLUSIVE MANAGEMENT AUTHORITY The provisions of this contract are not to be interpreted in any way or manner to change, amend, modify or in any way, to delimit the exclusive authority of the Board and the Superintendent for the management of the total school system and any part of the school system. It is expressly understood and agreed that all rights and responsibilities of the Board and Superintendent, established by constitutional provision, state, and federal statutes, State Board rules and Board policies, shall continue to be exercised exclusively by the Board and the Superintendent with prior notice or negotiations with the Union as required by law, except as specifically and explicitly provided for by the stated terms of this Contract. Such rights thus reserved exclusively to the Board and the Superintendent, by way of illustration and not by way of limitation, include the following: (1) selection and promotion; (2) separation, suspension, dismissal, and termination of employees for just cause; and (3) the designation of the organizational structure of and the lines of administrative authority. It is understood and agreed that management possess the sole right, duty, and responsibility for operation of the schools, and that all management rights repose in it, but that such rights must be exercised consistently with the other provisions of the Contract. SECTION 2: CONTRACTING OUT The Board will attempt to utilize its regular employees to perform work that is ordinarily and customarily performed by bargaining unit members; however, the Board reserves the right to contract out for any work it deems necessary or desirable, unless otherwise specified in this agreement, subject to impact negotiations. The meaning of “contract out” shall be that of “subcontracting”, as defined in the management rights case law of the Florida Public Employees Relations Commission. ARTICLE IV: _CONTRACT STATUS SECTION 1: NEGOTIATED CONTRACT The negotiated contract shall be distributed to all members of the bargaining unit, production costs to be borne equally by the parties. SECTION 2: MAINTENANCE OF CONTRACTUAL STANDARDS Where the Board determines it necessary or desirable to provide current or new employees covered by this contract opportunity to participate in contracted or shared programs with other governmental agencies, community or charitable organizations or private corporations, the Board agrees that the salary, terms and conditions of this contract shall apply to those employees. A. Charter Schools 1. Startup Public Charter School Beginning with the 2009-2010 school year, any proposal for developing a startup public charter school shall comply with all provisions of the law as outlined in Florida statutes prior to implementation. SECTION 3:_ CONTRACTING OUT Should the Board decide to "contract out" any services which results in reducing the current workforce of the school district, the Board recognizes its responsibility to its dedicated employees. The Board will make every effort to assist displaced workers in finding gainful employment either within the school system or outside. The following steps would be used: 1. Normal attrition 2. Retraining of employees for other jobs in the system for which they may qualify with up to one year of training. Transfers within the school district to comparable positions with comparable pay. 4. Seek employment with other government agencies that participate in the Florida Retirement System. 5. After 1-4 above, employment opportunities with the contractor or other employers will be considered. ag ARTICLE V: _COMPLAINTS, DISCIPLINE AND DUE PROCESS SECTION 1: A. COMPLAINTS 1. When an allegation of wrongdoing or a complaint against an employee is to be investigated the employee shall be notified in writing (including email) within 48 hours of the nature of the complaint, the name of the person making the allegation, and shall have the opportunity to seek representation prior to any investigatory meeting. The employee shall have an opportunity to respond to the allegations or complaint during the investigation. 2. Ina meeting for the record from which the employee believes that discipline may follow, the employee may request representation. When a request for representation has been made, the meeting shall take place within 48 hours or two business days. 3. The employee shall have the opportunity to provide rebuttal testimony, documentation, and witnesses prior to completion of the investigation. Upon conclusion of the investigation, the employee and his/her representative shall be given a copy of the written investigatory report. 4. The employee and/or the complainant shall be entitled to consultation with the Director of Human Resources and / or the person conducting the investigation regarding evidence and procedures. At the close of the investigation the HR director shall make a recommendation to the Superintendent for cause or no cause. This recommendation shall be included in the copy provided in A (3). 5. No disciplinary action which includes loss of pay or benefits shall be levied against an employee until such time the Superintendent or his/her designee renders a decision. B. DISCIPLINE OF AN EMPLOYEE Should it become necessary to discipline an employee, it is the District’s intent to do so consistent with the concept of progressive discipline. This process includes as many as five (5) steps. Employees covered by this agreement may be disciplined for just cause in the following ways: 1. Verbal warning/conversation regarding behavior (site record) 2. Written directive (district record) 3. Written reprimand (personnel file) 4. Suspension - with or without pay 5. Demotion or termination The concept of progressive discipline does not keep the omission of one or more of the steps if immediate and/or stronger action is necessary. C. REPRIMAND - PRIVACY All disciplinary actions shall be done in private. D. INVESTIGATIONS 1. Investigations conducted by the district shall normally be concluded within twenty (20) workdays. The district shall notify the employee and UTM of any investigation in progress. The district shall also notify the employee and UTM in writing of any investigation extended beyond the twenty (20) days. 2. In the event that an investigation is concluded with the finding that there is no probable cause to proceed further and no disciplinary action taken, a statement to that effect signed by the responsible investigating official shall be attached to the complaint. The materials of such investigation shall not be placed in the employee's personnel file. 3. If an investigation results in a finding of probable cause for disciplinary action for suspension or dismissal, the employee shall be notified of the charges in writing and have the right to a hearing as outlined in the Grievance Procedure. 4. Inall Board investigations, the employee shall be provided with a copy of the final report upon conclusion of the investigation. E. LETTER OF WARNING - HAND DELIVER A copy of a written directive or written reprimand will be hand delivered to the employee by the management representative responsible for the written directive or reprimand. The employee’s signature indicates receipt only, not agreement. If any employee who is to receive a written directive or written reprimand is absent from work or cannot be located, a copy will be mailed to his/her last known address by certified mail, return receipt requested. F. ANONYMOUS INFORMATION OR COMPLAINTS No investigation, verbal warning, written directive, reprimand, suspension (with or without pay), demotion, or termination shall be issued based on anonymous information or complaints unless otherwise required by law. G. TASK FORCE - MCSD PROGRESSIVE DISCIPLINE MANUAL A select Task Force of four (4) Union appointees, four (4) administration appointees, shall be established to develop a MCSD Progressive Discipline Manual. Work to be completed by 10/1/2018. A district administration appointee shall function as Chairperson. The function of the Task Force shall be to develop an MCSD Progressive Discipline Manual which shall be attached to the contract as Appendix I. SECTION 2: RESIGNATION An employee may request to resign from his/her position upon written notice of at least ten (10) working days. Less notice will be considered in the case of emergency. The employee shall submit the resignation request to his/her principal or supervisor. A. Any employee who has submitted a resignation shall be able, without loss of his/her current status, to rescind the resignation unless it has been accepted by the Superintendent for the purpose of filling the vacancy created by the resignation. Once the resignation has been accepted by the School Board, the employee cannot rescind and must reapply for the position if it is advertised. B. Any person who has resigned his/her employment and is subsequently rehired shall establish a new seniority date; however, he/she shall receive credit for previous experience on the salary schedule. SECTION 3: EMPLOYEE ACCESS TO INFORMATION Employees shall have full access to Board Rules in the library or office of their school or worksite and any other information which would be subject to the Public Documents Law within the time limits provided by said law during non-duty hours. ARTICLE VI: ~UNION RIGHTS SECTION 1: UNION MEETINGS A. The Union, its officials and its members, shall have the right to use worksite buildings for business meetings at reasonable times upon notice to the worksite supervisor subject only to the approval of the supervisor involved as to the scheduling of such meetings. When a meeting is scheduled during worktime, only those employees who are not working may attend. Employees on duty may be permitted to attend when approved by the supervisor. SECTION 2: REASONABLE ACCESS A. The Union Worksite Representative shall be able to submit announcements to be read over the work location public address system, if one exists, for the purpose of communicating with members of the bargaining unit in accordance with the worksite procedures for making such announcements. . Bulletin Board: At least one (1) bulletin board shall be provided in each work location for the exclusive use of the Union for purposes of posting materials dealing with Union business. The Union shall be allowed to post special bulletins at the employees’ sign-in sheet location if space for such is available and used by management and other organizations for such posting. . Representatives of the Union shall be afforded reasonable access to work location mailboxes. The Union shall also be afforded the right to announce meetings and special events to the District's employees. . The Board agrees to furnish to the Union in response to requests all available information concerning the financial resources and condition of the school district, including but not limited to: annual financial reports; register of non-instructional personnel; tentative budgetary proposals submitted to the Board members, agenda, minutes and all supporting papers of Board meetings; names and addresses of bargaining unit salaries paid thereto and educational background and yearly experience thereof. Materials pertinent to School Board meetings which are available for distribution shall be furnished at least forty-eight (48) hours prior to the meeting at which they will be used. . Information to the Union: The Union shall be furnished two (2) sets of current Board rules and shall be provided with two (2) copies of updates as they are issued. The Union’s designated representative(s) shall have the right to solicit membership as the exclusive bargaining agent certified to represent all employees within the bargaining unit at any duty-free time during the work day provided that all parties involved are in duty- free time during the work day and provided such solicitation does not interfere with the official duties of employees. . If the Union representative(s) is not employed at the work site, he/she will report his/her presence to the principal's or supervisor's office. . The Board will supply UTM with lists of all employees each September and monthly thereafter. The lists shall include, but not be limited to: name, SS number, date of employment, date of birth, home address, telephone number, work location, job title, Rank and step. UTM shall be provided Fax numbers for all schools and departments. SECTION 3: TEMPORARY DUTY - UNION OFFICERS A. The UTM may allocate union pool days at their discretion. UTM will reimburse the Board for all days at the appropriate substitute’s rate of pay. 1. Temporary duty assignment with pay shall be provided for one (1) 12 month union officer selected by the Union, who shall be released from his/her duties as a Board employee. The Union shall reimburse the Board for the salary and any and all fringe benefits, plus other insurance costs paid by the Board. When said employee(s) return from temporary duty assignment to his/her former position, he/she shall be placed on the salary schedule at the step that reflects credit for total years in the district plus any years given upon initial employment. SECTION 4: MISCELLANEOUS A. The Superintendent shall place on the agenda of each regular or special Board meeting any matters submitted to his office for the Board's consideration by twelve (12) calendar days prior to said meeting. The Union President may submit items that qualify as emergency items with less than twelve (12) days’ notice. B. The Superintendent may request the Union to name individuals representing the bargaining unit to serve on committees, task forces, advisory panels, etc. established by the Superintendent or the Board. SECTION 5:_ PAYROLL DEDUCTION OF DUES Payroll deduction of dues shall be made according to the procedures of Appendix D. ARTICLE VII: WORKING CONDITIONS SECTION 1: WORKDAY/WORKWEEK The normal workweek of full time employees covered by this agreement consists of five (5) consecutive days, Monday through Friday, and shall not exceed forty (40) hours, with two consecutive days off duty. For the months of June, July, and August, the workweek for maintenance and custodians may be Monday through Thursday for 10 hours per day and shall not exceed 40 hours per week with three consecutive days off. Cafeteria workers will be employed for a minimum of four (4) hours. Bus drivers will be employed for a minimum of 4 % hours per day. Employees may agree to work less hours with the approval of management. A written agreement to work less hours is valid for one year and may be reestablished by mutual consent at the start of each school year. No regular food service worker shall have his/her hours reduced once established except by consent of the worker. No substitute worker shall have more hours than a regular worker unless the regular workers decline more hours. Other duties and responsibilities related to the transportation department (including but not limited to office work, garage work, parts runner, washing buses, repairing seats, etc.) will be assigned to bus drivers to meet the guarantee of four and one quarter hours work assignment. This expectation will be included on the Route Sheet at the time of bidding. When cafeteria workers or bus drivers volunteer for additional work which is not a part of their guaranteed work hours, the additional work hours shall be added to their guaranteed hours for pay purposes. The normal workweek for new or part-time employees will be established when they are hired in conjunction with the above hourly requirements. Placement on the salary schedule shall be at step zero unless the employee can document a year’s equivalent experience; not to exceed three years total. SECTION 2: WORKYEAR The normal work year shall be 254 days for maintenance, transportation, and custodial employees and 190 days for food service and 188 days for bus drivers. Training days for food service and bus drivers shall coincide with the teacher work year. Maintenance and custodial employees will not work during the winter break. Employees may be employed for a shorter work year when agreed upon with their supervisor at the time of employment. Any such agreements will be reduced to writing and be submitted to the district supervisor or Deputy Superintendent for approval. SECTION 3: BREAKS AND LUNCH All employees who work seven hours or more shall receive (2) two 15-minute paid rest breaks as part of their normal workday. All other unit employees who work a minimum of four (4) continuous hours shall receive one 15-minute paid rest break as part of their normal workday. All maintenance employees shall receive an unpaid meal break of one (1) hour unless the employee and his/her immediate supervisor agree to a 30-minute meal break or allow the employee to work through his lunch period. Any maintenance employee who requests a meal break of 30 minutes or to work through his lunch period shall make the request in writing or by phone which shall be recorded on a phone log in the maintenance office and his/her supervisor shall respond in kind. Any such agreements shall be signed by the employee and the employee's supervisor with a copy placed in the employee’s file. All other employees shall receive an unpaid lunch break of 30 minutes. The 15 minute rest break period(s) shall not be used to extend the meal break. Meal breaks shall not be waived at the option of the employee. Employees requesting an unpaid meal break of one (1) hour must have approval of their supervisor before implementation. Any such agreements shall be signed by the employee and the employee's supervisor with a copy placed in the employee’s file. SECTION 4: OVERTIME The normal workweek of employees covered by this agreement consists of five (5) consecutive days on duty and shall not exceed forty (40) hours, with two (2) consecutive days off duty. For the months of June, July, and August, the workweek for maintenance and custodians may be Monday through Thursday for 10 hours per day and shall not exceed 40 hours per week with three consecutive days off. Any employee who works beyond their normal workweek of forty (40) hours shall be paid at a rate of 1.5 times their normal rate of pay. When an employee works on either of their two (2) consecutive days off, the employee shall be paid 1.5 times their normal rate of pay. When an employee works on a paid holiday the employee shall be paid at 1.5 times their normal rate of pay in addition to receiving their holiday pay. Any employee may agree to take compensatory time off in an amount which is equivalent to the amount of overtime pay as per district policy. Whenever an employee is called in after his normal workday or workweek, he/she shall be paid a minimum of two hours at the applicable rate of pay. A. Any employee may agree to take compensatory time off in an amount which is equivalent to the amount of overtime pay as per the following procedures: 1. All overtime and compensatory time for school district employees must have prior approval by the appropriate administrator. 2. All overtime must be properly recorded on a time card by a time clock or manually. 3. Use of compensatory time shall follow the same procedure as the request guidelines specific for annual leave in Article IX, Section 15. 4. A request for Leave form shall be completed as documentation for use of compensatory time. On the form, other shall be checked and Compensatory Time written on the line for Explain. 5. Employees who earn annual leave may accumulate compensatory time up to 12 days for the purpose of using them during the spring break periods or on other days listed as non-paid, non-work days on the school calendar. These employees will be informed of the purpose of the additional accumulation of compensatory time and will be expected to use those hours during the above periods. Affected worksites will be closed during these special periods in an effort to save district resources. The district agrees to provide employees overtime opportunities in order to earn the necessary compensatory time to implement this provision. 6. Accumulated compensatory time shall be reduced before the annual leave account is reduced. Compensatory records (which include time earned by date, time used by date and running total) shall be maintained by the maintenance department and shall be provided to the Superintendent and the Union upon request. SECTION 5: UNIFORMS/EXAMS/EQUIPMENT A. Employees required to wear uniforms shall have them provided by the Board. A minimum of five (5) uniforms shall be supplied no later than September 15 of each year and be of sufficient quality to sustain use for a year; provided, however, that if personalized uniforms are required for the position, such uniforms shall be ordered the first week of employment. Should a shirt be provided by the school in which they are assigned, employees may wear the school shirt as appropriate. Upon termination for any reason, any uniforms received by the employee will be returned to their supervisor. B. The Board shall provide at no cost to the employee all physical examinations required by law or the Board as they relate to the employees job qualifications after the employee has completed the probationary period. The Board will provide full payment of the amount negotiated with a medical facility for required employee physical exams, including annual bus driver physicals. Should an employee choose to have the exam at a place of their choice with a certified medical examiner registered with the National Registry of certified medical examiners, then the employee would have to pay the difference of the amount negotiated by the Board with provider. C. The Board shall provide the necessary tools, equipment, and supplies necessary to fulfill the job assignments of the employee, except that some employees in the unit may be required to supply some of the basic tools of their trade as identified and agreed to at the time of employment. D. Any fingerprinting and/or criminal background check of any current employee required as the result of changes in Florida Statutes shall be provided free of cost to the employee by the School Board. SECTION 6: INITIAL EMPLOYMENT The Board will contract for bus driver physicals and contribute the contracted price towards the cost of physical examinations for bus drivers as required by 49 Code of Federal Regulations (CFR) 391. Employees may choose a certified medical examiner registered with the National Registry of certified medical examiners and shall be reimbursed at the contracted rate. Any additional cost of the physical shall be the responsibility of the employee. Physical examinations may be contracted out or the employee may be reimbursed upon presentation of proper documentation after an employment period of three (3) months. Driver applications who complete 40 hours of training and begin work for the district shall receive a $400 stipend for training, which shall be payable in the employee’s first regular paycheck. They will also receive an additional stipend of $500 after six months of employment. An employee's longevity/seniority shall be determined by his/her date of hire as a regular employee. No employee hired before July 1, 1994 will be adversely affected by this provision. An employee shall serve a six months probationary period where the employee serves at the will of the Board and can be terminated without cause. The probationary period may be extended if the required fingerprint/background check information has not been received prior to the expiration of the probationary period. Following successful completion of the probationary, an employee shall be re-appointed annually except as provided for in Articles V and XIII of this contract agreement. Initial placement on a salary schedule may be at the highest step for which documented experience can be verified. The employee shall provide documentation of such experience. All documentation for placement shall be placed in the employee’s personnel file. SECTION 7: BOARD SUPPORT The Board affirms its support of all employees in taking the necessary steps to enforce and implement all Board policies and regulations pertaining to control of student behavior. When an employee reports in writing a student for disruptive behavior or violations of school rules or policies, the administrator or supervisor responsible for such matters will investigate the situation and take the appropriate action. The employee shall be notified of the action taken. The supervisor will assist any employee in making the written report when requested. SECTION 8:_ MISCELLANEOUS A. Each worksite shall provide a furnished employee room, restrooms, access to existing parking, and access to at least one telephone for use by employees. B. All employees will have computer access at each site in an area such as the media center or employee lounge where the employee may access email, FRONTLINE - RECRUIT & HIRE, etc. at duty free times. C. All employees will be provided a district email account. SECTION 9: BUS DRIVERS A. Included in the workday, sixty (60) minutes per day shall be provided for normal bus maintenance, including pre- and post-trip inspections, and required reports. Additional responsibilities shall include scheduling maintenance and repairs with mechanics, completing required forms and reports, receiving training and daily cleaning of the bus interior. The washing of the exterior of the buses shall be carried out by hiring bus drivers who volunteer to provide this service for additional compensation at their normal rate of pay. One hour shall be allotted per bus for this service. When there are not enough bus drivers who volunteer to wash buses, then other individuals may be hired. For each FTE week and for a two week period at the beginning of the school year, each regular driver shall receive a fifty dollar ($50.00) stipend. On early release days, drivers shall receive extra compensation when the difference between their reporting and ending time exceeds their normal afternoon PIF time. . Any training extending beyond the normal workday shall be compensated at the employee's rate of pay. Two days shall be designated as training days for bus drivers as a result of increasing the work year to 188 days. Each day shall be scheduled on a teacher professional day and shall be 7.5 hours in length. Drivers shall be paid at their regular rate of pay for these days. Any additional training days will be noticed to drivers and aides with at least 30 days in advance of the event. . Route Assignments shall be made at the annual meeting in August. Drivers and aides are expected to attend. If unable to attend, drivers and aides may submit in writing at least one day in advance, a proxy to bid for them. Prior to the annual meeting to select route assignments, all tentative routes shall be posted online for at least 8 days for drivers to review. At the annual meeting, all routes shall be placed on the bulletin board and employees shall select their route according to their posted seniority in the district. When two employees have identical seniority then a coin flip shall determine who will select first. Route openings occurring during the school year shall be posted in the manner specified under this agreement and current employees shall be given preference according to seniority in filling such vacancies. A permanent substitute driver shall be placed on the bus driver salary schedule and shall move through the schedule the same as a regular driver. Routes may be adjusted during the school year based on a reduction or increase in the number of riders on a route. Adjustments may be made by moving stops from run to run, combining runs, or similar adjustments. Adjustments may result in a reduction in route time or runs. In the event the original route time is reduced or runs are eliminated, additional duties and responsibilities equivalent to the time difference may be assigned to the driver by the Director or Transportation so that the original route time is maintained. Drivers so affected may be assigned as a substitute or aide at their current driver's salary step. In the event that a bus driver is required to "double up" due to an emergency, the driver and the bus aide, if there is one, shall receive a minimum of (1) hour additional pay. This provision shall apply, when a driver or permanent sub driver is driving a regular run and students from another route are added to his/her run. If all drivers are present, management may decide to reduce the load of several routes and create a “new route for the day” for the permanent sub driver. This will not constitute a “doubling up” situation. When this occurs, proper paperwork will be kept to document the occurrence. D. Extracurricular Trips 1. When traveling on extra-curricular trips (all in county and out of county field trips only - not to include before/after school busses returning students home or to regular drop-off destinations), bus drivers will be paid their normal hourly rate plus $1.00 per hour up to reaching a 40 hour workweek after which they will receive time and a half for each hour beyond 40 hours. If the trip requires an overnight stay, a driver will be paid according to the salary schedule for driving or duty time. The total hours paid shall not include sleeping time. Drivers of out of town field trips shall receive reimbursement for meals and lodging at the current State rate. The proper district travel reimbursement forms will have to be submitted in order to be reimbursed. Arrangements for lodging shall be made by the trip sponsor. E. Drivers of all extracurricular trips shall be selected on a voluntary basis according to a seniority list posted at each bus terminal. The bus areas shall be Key West, Sugarloaf, Marathon, and the Upper Keys. The extra trip list shall be compiled from all drivers. New hires will be added at the bottom of the list. Assignments shall only be made from the trip list on a seniority-rotating basis in the following manner: All known trips shall be posted on the designated bulletin board in each terminal area at least seven (7) working days before the trip date or as soon as they are received by the trip supervisor when less notice is given by the school. Drivers on the seniority list shall sign their name to all the trips they are interested in. If after 3 working days of posting, no driver in the area has signed their name for the trip, they will no longer be eligible for the trip and the trip shall be posted in all areas. A trip shall be assigned to the most senior driver who signed up for the trip. Once a driver has been assigned an extra trip, he/she shall become eligible for another trip when the assignments have rotated through the seniority list and every driver on that list has received a trip. Ifa driver does a trip in another area, a driver shall remain eligible for the current round in their area according to their seniority. However, if there are drivers on the seniority list that have not volunteered and trips are available to be filled, then the current rotation round shall be ended and the next round shall begin. Drivers who had not volunteered for the current round when the next round begins will be considered to have passed for that round. If a trip is canceled, a driver shall become eligible for the current round according to his seniority. No driver may exchange a field trip with another driver. If a driver is needed due to some emergency and the scheduled trip is less than two (2) work days (day of trip not included) away, the area supervisor may fill the position with any available driver from the seniority list or if none is available by any available driver. A detailed description of this process will be maintained in the bus driver handbook at each bus area. Any driver who declines an assigned field trip and provides less than 24 hours’ notice to the area supervisor shall be precluded from bidding on a field trip in the next round. . For safety reasons, when an extra-curricular trip extends to within eight (8) hours of the driver's regular bus run, he/she shall have the option of not returning to work until the afternoon run. A bus sub will be employed if the driver elects this option. It is understood that the driver's intent may change if an emergency occurs. In addition, no driver shall drive more than twelve hours in a workday without an eight (8) hour rest period. The driver shall lose no sick leave or personal leave when selecting this option. . Forty-eight (48) hours’ notice shall be given to drivers in line for an extracurricular trip. If an emergency trip comes up and sufficient notice cannot be given, the driver may refuse the trip assignment without losing his place on the trip list. . Bus drivers shall receive a two (2) hour preparation fee according to the salary schedule as it applies when an extracurricular trip is canceled without 12 hours’ notice. When a driver has given up his/her regular run to perform extracurricular trip duties and the trip is canceled, he/she shall be paid for his/her regular run hours in addition to the above two hours. Due to the need for bus drivers to cover out-of-county athletic and other non-athletic trips for district students, the Board and the Union agrees to the following Letter of Understanding to encourage current bus drivers and others to volunteer to drive field trips. a) Current drivers shall have first right of refusal of field trips. Any sport or activity may request a non-paid driver volunteer at least 7 days prior to the scheduled trip. All such non-paid driver trips shall be documented and remain on file at the transportation office for review. b) Bus Mechanics, Coaches and Instructional staff with a proper license shall have second right of refusal, respectively. c) Any additional pool of drivers from parents, city bus drivers, etc., shall be considered for field trips whenever no other drivers are available. d) Current drivers or mechanics who take field trips shall receive their normal hourly wage and an additional $1.00 per hour for all duty hours of the field trip including their normal PIF hours. Meal provisions shall be according to contract. e) Any coach or instructional staff member who performs bus driver duties on out- of-county field trips shall be paid for all hours of driving outside their regular school district work day in addition to any supplements they receive unless they agree in writing to drive for no compensation. This agreement shall be placed in the file referenced in I(a). Driving hours shall include hours of driving plus 1 hour for pre and post trip duties. The rate of pay shall be according to the bus driver pay scale in the UTM/Board contract for School Related Personnel. Meal money shall be provided according to state rates for meals unless a meal is provided by the field trip sponsor. f) Any other qualified driver who performs bus driver duties on out-of-county field trips shall be paid for all hours of driving unless they agree in writing to drive for no compensation. This agreement shall be placed in the file referenced in I(a). Driving hours shall include hours of driving plus 1 hour for pre and post trip duties. The rate of pay shall be according to the bus driver pay scale in the UTM/Board contract for School Related Personnel. Meal money shall be provided according to state rates for meals unless a meal is provided by the field trip sponsor. J. Transporting Buses When it is necessary for buses to be transported from one worksite to the other for the purpose of maintenance or other reasons and a mechanic, mechanic helper, or permanent substitute is not available to transport the bus, drivers will be assigned on a voluntary basis according to seniority, provided, however, that a driver who resides in the area where the bus is to be delivered may receive priority, if the driver is paid only for actual driving time. A list of volunteers shall be posted and selection shall proceed through the list as drivers are needed. When a driver rejects an assignment, he/she shall be crossed off the list until his/her name comes up again. K. A driver or aide who volunteers to perform medical services for a student with an emergency care plan who is assigned to their route shall be paid $300.00 per year. Substitute drivers and aides shall be paid a flat rate of $1.50 per day for covering a route that has a student with an emergency care plan assigned. Annual driver and aide training and agreement to provide medical services shall be documented on an Emergency Care Plan Notification Cover Letter (Appendix G). The student assignment and provisions contained herein shall be listed on the annual route bid sheet at the annual bidding. SECTION 10:FOOD SERVICE EMPLOYEES A. Food service employees shall be provided with one paid meal each working day as part of their compensation in addition to their normal rate of pay. B. Food service employees may volunteer to work at after school functions. A seniority list of employees at each site desiring to work after school functions shall be compiled each semester. School food service employees who have volunteered shall be selected from the list of volunteers on a rotating basis according to their job function cook, baker, etc.) Schools/ organizations desiring to have an after school function shall be required to provide a minimum of fourteen (14) calendar days’ notice to the cafeteria manager. A forty-eight (48) notice shall be given for any extra duty assignment. C. Work assignments will be made annually at each work site and reported to the employee during the post planning period. Vacancies will be filled in accordance with Article VIII. D. Training programs shall be offered for all food service employees for the purpose of enhancing job skills, improving safety in the workplace, understanding of state and federal regulations, etc. An attempt will be made to offer training during the regular workday. E. All current baker I and baker II positions shall be continued until the employee(s) retire or resign from the positions. SECTION 12:DRUG AND ALCOHOL TESTING The purpose of drug and alcohol testing is to deter the use of drugs and alcohol in the workplace by establishing standard procedures for drug and alcohol testing for all employees required to hold a commercial driver's license. These testing procedures shall also be applicable for all SRP employees at the time of hire or at other times for reasonable suspicion. Initial drug testing as a precondition of employment shall be the responsibility of the applicant. Applicants who are offered a position shall be required to take a drug test and upon successfully passing said test shall be reimbursed for its cost. The School Board shall be responsible for the cost of drug and alcohol testing for employees with the exception of administrative or legal challenges to test results, which shall be paid by the employee. A. Employee Rights All testing procedures shall comply with all alcohol and controlled substance testing procedures contained in 49 Code of Federal Regulations Parts 382, 291, 192, and 395. The Board recognizes its obligation to protect individual dignity, privacy, and confidentiality in the program. Specimen analysis shall be conducted in a manner to assure a high degree of accuracy and reliability and using laboratory facilities which are certified by the U.S. Department of Health and Human Services and the Florida agency for health care administration. 20 B. Testing Procedures 1. The Board shall follow the requirements as outlined in the Omnibus Transportation Employee Testing Act of 1991, and regulations of the Federal Highway Administration (FHWA) contained in 49 Code of Federal Regulations parts 382, 291, 192, and 395, and section 1012.45, F.S. Pre- employment testing: All applicants for positions requiring a commercial driver's license shall undergo testing prior to employment. C. Random Testing All employees required to hold a Commercial Driver's License, or to drive a district vehicle as a part of their job responsibilities, shall be subject to random, unannounced drug and alcohol testing. The annual random rate for alcohol testing shall be twenty-five percent (25%) of the covered employees. The annual random rate for controlled substance testing shall be fifty percent (50%) of the covered employees. On the day of testing, UTM shall be notified in writing. The Board shall also provide UTM with a copy of the list of those being tested. UTM shall receive a copy of the results of those being tested as soon as it is received by the District. A study committee will be appointed during the 2004-05 school year to study the need for an Employee Assistance Program. The study committee shall be co-chaired by the Superintendent or his/her designee and the UTM president or his/her designee with an equal number of representatives from each party. D. Reasonable Suspicion 1. Reasonable suspicion must be based on documented objective facts and circumstances which are consistent with the long- and short-term effects of alcohol or substance abuse including but not limited to physical signs and symptoms, appearance, behavior, speech and/or body odor. A supervisor or designee who has been trained in accordance with the requirements of FHWA Regulations shall require a driver to submit to an alcohol or drug test when the employer has reasonable suspicion to believe a driver has violated the prohibitions contained in the FHWA Regulations. Within 24 hours, the supervisor shall submit a written report of his/her documentation of the circumstances, observations and facts which created the reasonable suspicion. Such testing must be conducted within the time limits set forth in the FHWA Regulations. 2. All employees may be drug tested or alcohol tested based on "reasonable suspicion" if they have been observed exhibiting symptoms consistent with the long- and short-term effects of alcohol or substance abuse including but not 21 limited to physical signs and symptoms, appearance, behavior, speech and/or body odor. E. Post Accident Testing Alcohol or drug testing will be administered following an accident when the driver was performing a safety sensitive function. Applicable accidents as defined by the FHWA include those in which loss of human life occurred; driver received a citation from a law enforcement officer; either a driver or passenger received immediate medical treatment away from the scene of the accident or one of the vehicles involved had to be towed from the scene of the accident. Such testing must be conducted within the time limits set forth in the FHWA Regulations. F. Return to Duty Testing All employees who previously tested positive on a drug or alcohol test must submit to a Return to Duty Test and test negative prior to returning to duty. G. Follow-up Testing Unannounced follow-up alcohol and/or controlled substance testing as directed by a substance abuse professional in accordance with the FHWA Regulations shall occur when it is determined that a covered employee is in need of assistance in resolving problems associated with alcohol misuse and/or use of drugs. The number and frequency of follow-up testing shall be determined by the substance abuse professional. If an employee elects to request additional testing of the split urine sample, the employee shall be required to pay for the test. H. Positive Tests 1. Employees who have a confirmed positive drug or positive alcohol test may be disciplined, up to and including discharge. The Board may, if the circumstances so warrant, offer rehabilitation. If the rehabilitation is offered and accepted by the employee, the employee will be responsible for all costs associated with participation in the rehabilitation program. 2. Failure of anemployee to submit to any required drug or alcohol test is considered a positive test result in accordance with the FHWA Regulations and shall result in termination of employment. SECTION 13: — TRANSPORTATION MECHANICS AND MECHANIC HELPERS 22 Any garage mechanic/mechanic helper who agrees and is selected to drive a regular bus route in an emergency situation shall receive a stipend of $25 per day or his/her hourly rate of pay for each hour worked beyond his/her normal workday whichever is greater. The mechanic/mechanic helper shall hold a class B CDL with air brakes/ passenger endorsement and will sign an agreement with the Board for this service. Each Bus Mechanic or Mechanics Helper in order to drive a school bus with or without students shall take an annual physical at board expense in accordance with Article VIL, Section 6. The physical shall be the same as for bus drivers and be conducted by a physician designated by the school board. Any employee who fails to pass the physical shall be prohibited from driving a school bus until which time they are able to pass the required physical. ARTICLE VII: _ASSIGNMENTS/TRANSFERS/PROMOTIONS SECTION 1: ASSIGNMENTS A. Work assignments will be made annually at each worksite by the employee's supervisor, except as otherwise provided for in the contract. An employee's assignment will designate his/her break times and lunch time and working hours. When an employee volunteers and is assigned out-of-classification, he/she shall be paid at the higher rank at the step which increases his/her salary. When a vacancy for an existing position or a new position is established, it shall be posted on FRONTLINE - RECRUIT & HIRE for a minimum of five (5) days and filled within thirty (30) working days. Current employees, including permanent substitutes applying for a vacancy, will be given first consideration based on their qualifications, training, experience, annual evaluations, and time in the district before hiring an applicant from outside (including OPS employees) the district. Monroe County School Board Hotline and local television may also be used to supplement the advertising of vacancies. If an interview committee is used to select an applicant, they shall be required to review the above process prior to interviewing any candidate. Forms to be used for interviewing and ranking applicants are provided in Appendix F. When current employees, including permanent substitutes, apply for a vacancy the following procedures shall be followed: 23 1. Employees seeking a lateral transfer shall be given consideration based on their qualifications, training, experience, annual evaluations, and time in the district according to paragraph B. 2. If no current qualified employees request a lateral transfer, all other qualified current employees that may apply shall be considered according to paragraph B. Summer employment assignments shall be made by the supervisor based on the criteria stated in paragraph B of this section. Such assignments shall be made first from a list of current employees within the bargaining unit who volunteer for such assignments and who are returning to work following summer employment. For summer assignments, bus drivers and bus aides shall bid on available positions in their separate classifications by seniority in the area in which they worked during the normal school year. When there are more volunteers for the positions available, employees within the classification at the site shall be selected by the criteria stated in paragraph B. If more employees are needed from other sites the selection process shall remain the same. The list of the volunteers shall be forwarded to UTM upon request. SECTION 2: TRANSFERS A. Voluntary Transfers Any employee shall have the right to apply for a transfer to another work location within the same job classification. The request shall be completed in the FRONTLINE - RECRUIT & HIRE. Employees requesting a transfer shall be considered in accordance with 1(C) above at the time of each job posting, if the employee has filed a transfer request during the posting period or if one is already on file. Requests for transfer are active for a one year period from the date of request and may be renewed for one additional year. Involuntary transfers An employee may be transferred from one work site to another within the county when, in the judgment of the Superintendent, the interests of the district will be better served. The Superintendent will have complete discretion with reference to transfer and will consider, among other things, the suitability of the employee's qualifications as they relate to the needs of the position to be filled, the employee's personal preferences and place of residence. The employee and the UTM President will be notified in writing when an involuntary transfer is planned. In addition, the employee will be consulted prior to the transfer, and will be provided with a written explanation of the reasons for the transfer, with a copy sent to the UTM President. 24 SECTION 3:_ PROMOTIONS A. The term "promotion" shall mean the advancement of an employee to a job with a higher maximum salary. An employee receiving a promotion shall be placed on the salary schedule with at least two steps beyond his/her current salary. All vacancies to be filled will be advertised in accordance with Section 1, B of this article. ARTICLE IX: _ LEAVES SECTION 1: SICK LEAVE/MEDICAL A. Any employee of the bargaining unit who is unable to perform his duty on account of personal sickness, accident disability, or extended personal illness, or because of illness or death of father, mother, brother, sister, husband, wife, child, or other close relative, or member of his own household and consequently has to be absent from his work, shall be granted leave of absence for sickness. An employee shall be eligible to utilize sick leave for the purpose of medical and/or dental examinations. Such leave shall be deducted from accrued sick leave in half or full day units, provided however, that no employee shall be compelled to utilize more sick leave than is required by the employee. Principals or supervisors may, at their discretion, release unit employees for up to two (2) hours without sick leave being charged against the employee for the purpose of medical and dental examinations. The Superintendent, Executive Director, department director, or principal may require a certificate of illness from a licensed physician or from the County Health Officer to substantiate a claim for sick leave or that the employee is able to work and perform his/her duties. Suspicion of sick leave abuse shall be subject to due process under Article XX. Sick leave accumulated in another Florida school district by an employee shall be accrued to the employee at a rate not to exceed 10 days per school year until all leave has been transferred to the MCSD district. Any such sick leave shall be added to sick leave earned in the district. Any employee may authorize sick leave to be transferred to another employee of the school district when the other employee is a spouse, child, parent or sibling. Such leave may only be transferred when the receiving employee has depleted his/her own sick leave. Any employee who suffers the death of an immediate family member shall be granted bereavement leave upon request for bereavement purposes and shall be deducted from 25 the employee's sick leave. Immediate family for bereavement shall be defined as spouse, child, grandchild, mother, father, step father, step mother, sister, brother, grandparents and in-laws of such. Proof of relationship to the deceased may be required. SECTION 2: FAMILY MEDICAL LEAVE ACT (FMLA) This leave is available to qualified employees for a maximum period of 60 work days of unpaid leave per year. This leave may be used for the birth of the employee’s child; the adoption of a child by the employee; to care for a seriously ill spouse, child, parent; or a serious personal health condition. Please note the Monroe County School Board will allow employees to utilize any leave time they have during this period. To qualify the employee must have been employed for a 12 month period and have worked a total of 1250 hours. However, there are exceptions and an employee should contact the Personnel/ Human Resources Department for clarification. Also, medical certification is required in the case of serious illness. SECTION 3:_ EXTENDED SICK LEAVE POLICY Any member of the bargaining unit who finds it necessary to be absent from duties because of illness and who has already utilized all of the sick leave for which he/she is entitled to receive compensation shall be granted extended sick leave without pay upon returning from absence and filing a claim setting forth the day or days absent stating that such absence was necessary. The Superintendent may require a certificate of illness from a licensed physician or from the County Health Officer to substantiate a claim for extended sick leave or to verify that the employee is able to work and perform duties. SECTION 4: ILLNESS OR INJURY-IN-LINE-OF-DUTY LEAVE Any member of the bargaining unit shall be entitled to illness-in-line-of-duty leave when he/she has to be absent from his/her duties because of a personal injury received in the discharge of duty or because of illness from any contagious or infectious disease contracted in the performance of his assigned duties. The following requirements shall be observed: Duration of leave and compensation: Leave of any such member of the bargaining unit shall be authorized for a maximum of ten (10) school days for illness contracted, or injury incurred, from such causes as described in the preceding. However, the Board may grant additional emergency sick leave out of local funds where the Board deems it necessary and proper to do so. Injury-in-the-line-of-duty leave shall be restored, if deducted, to an employee's sick leave upon approval. When an employee is injured in the line of duty, all procedures and required paperwork will be explained to the employee by his/her supervisor. 26 SECTION 5: SICK LEAVE POOL A. D. Purpose: A sick leave pool has been established, effective January 1, 1981, in order to provide members of the bargaining unit with an emergency pool of sick leave days in cases of prolonged absence due to personal illness or disability beyond those days available under personal sick leave or such other leave as may be available upon School Board action. Benefits: A member of the pool shall, upon proper application, be eligible to receive up to fifty (50) days from the pool within a 12 month period. Should a member of the sick leave pool apply for an additional 50 days, the need must arise from a different catastrophic illness or occurrence. Rules: Rules governing administration, membership and requirements of the Sick Leave Pool are included in Addendum C of this contract. Open enrollment periods are during the months of September and February. SECTION 6: PERSONAL LEAVE WITH PAY Bargaining unit personnel may be granted four (4) days of personal leave with pay per school year under existing administrative guidelines for the purpose of conducting personal business involving special obligations which cannot be scheduled on non-duty days. Such leave shall be chargeable to sick leave and shall not be cumulative from year to year. A. Requests for personal leave should be submitted to appropriate supervisor or designee at least five (5) days prior to the date that the employee desires to be absent from his/her duties. Less notice may be acceptable in the event of unforeseen circumstances. No more than (10) ten percent of the workforce may be granted personal leave at one time except if approved by the employee's supervisor after a satisfactory explanation for the request. Personal leave may not be granted to extend vacation time or non-work, non-paid time on the days preceding or following school holidays recess or break periods except in unusual circumstances and not unless approved by the employee's supervisor after a satisfactory explanation for the request. . Under no circumstances may personal leave be used to engage in a strike, picketing, or demonstration or in any other concerted activity regarding conditions of professional service or policies of the school district or in activities which disrupt the normal activities of any school. SECTION 7: MILITARY LEAVE 27 All bargaining unit personnel called into active military duty by the Federal Government or who volunteer for active duty are to be considered on leave from their positions until said employees are discharged by the military. Employees on military leave will receive all raises as if he/she would have been entitled had he/she been at work. Personnel belonging to one of the military reserve organizations requesting summertime training will be allowed leave with compensation, only if such training cannot be taken during the vacation period. A statement from the commanding officer designating the date of the required duty shall accompany the requesting officer designating the date of the required duty shall accompany the request for leave. SECTION 8: TEMPORARY DUTY LEAVE - JURY DUTY - WITNESS A. Any member of the bargaining unit who is required to serve as a juror during his/her working hours, or who is subpoenaed to testify during such hours, shall be paid the difference between his/her regular salary and the basic fee received for such services excluding sums paid for travel expenses; except, that an employee may elect to inform payroll in advance of reporting for jury duty that he/she will be returning the fee to the payroll department in which case the employee shall receive his/her regular paycheck. The final paycheck of the school year for an employee exercising this option may be withheld if the conditions of this paragraph regarding the returning of the fee to the payroll department are not complied with. This provision is subject to any changes in law regarding this type of leave. B. In no case shall temporary duty leave with pay be granted for court attendance when an employee is engaged in personal litigation. Employees who have accrued personal leave shall be granted such leave upon request, and shall retain witness fees. SECTION 9: LEAVE FOR ELECTED OR APPOINTED PUBLIC OFFICIALS The Board agrees to provide temporary duty release time without pay for employees who are elected or appointed public officials to attend official meetings of their respective public bodies. SECTION 10: PAID LEGAL HOLIDAYS Paid legal holidays shall be provided as follows: ten month employees six (6). Eleven and twelve month employees, including the bus drivers, bus aides, and school food service workers employed for summer school (7). Additional days may be designated as holidays for all employees of the bargaining unit at the discretion of the Superintendent. The holidays shall be: Martin Luther King Day, President's Day, Labor Day, Veteran's Day, Thanksgiving Day (1), Memorial Day and Fourth of July (if working in summer school). 28 SECTION 11: | TERMINAL LEAVE PAY The Board will provide terminal pay for accumulated sick leave to an employee at normal or early retirement as defined by Chapter 238.07(2) (e), F.S. or to his/her beneficiary if service is terminated by death. The death benefit payment to the employee's beneficiary shall be paid within 30 days of receipt of the death certificate. Subject to the preceding paragraph, accumulated sick leave will be paid in accordance with Chapter 1012.61(5) F.S. When service is terminated by death, the employee's beneficiary will receive payment in accordance with the above named Florida Statute. When service is terminated by normal or early retirement, terminal leave payment shall be paid as follows: Beginning with the 6" year in the FL Retirement System, terminal leave pay shall be an amount determined by the employee's daily rate of pay multiplied by fifty percent of all accumulated sick days up to 150 days for a maximum payment of 75 days. Beginning with the 13th year of employment in the FL Retirement System and continuing through the 24'* year, employees will be paid for one hundred percent of their accumulated sick days up to 150 days. For employees with 25 years in the FL Retirement System, employees will be paid for one hundred percent of their accumulated sick days up to 200 days. At least one-half of all cumulative sick leave must be established within the district granting such leave. The Board and the Union agree to refer to the study committee the impact of reducing the 10' year and 13" year provisions of terminal leave to 6 and 10 years respectively. The study committee findings will be provided to the bargaining teams for the 2003-2004 negotiations. Terminal leave pay will be handled in accordance with the BENCOR Agreement found in Appendix E. SECTION 12: | LEAVE WITHOUT PAY Members of the bargaining unit shall be granted leave of absence for one month or more during the school year for personal reasons, without pay, upon submitting a request explaining the circumstances and necessity for such leave to his/her immediate supervisor. Such leave should be approved in advance whenever possible. Employees on such leave shall not accrue, or be entitled to, any paid benefits while on leave. Members of the bargaining unit who have been employed for three (3) consecutive years or more shall be granted a year’s leave of absence for one year when the request has been made on or before May 1* prior to the start of the new school year in which the leave is requested. Requests submitted after May 1*t may be granted at the sole discretion of the Superintendent. Employees may engage in other employment when on such leave as long as that employment is not for another school district. Employees on such leave shall not accrue, or be entitled to, any paid benefits while on leave. Each qualifying member of the bargaining unit shall be 29 entitled to one year leave of absence. Subsequent requests may be granted at the sole discretion of the Superintendent. Members of the bargaining unit who have been granted a one year leave of absence must notify the Superintendent (or the Executive Director of Human Resources) in writing of their intent to return on or before May 1* prior to the start of the next school year. A. On or before April 1st the School District shall notify the employee on leave in writing (to include email to a personal email address provided by the employee) of their obligation to provide written notice of their intent to return. Said notice to include “return/receipt”. B. Onor before May 1st the Employee shall provide the required written notice of their intent to return (to include an acknowledged email). C. The employee’s failure to provide timely written notice may waive the employee's right of return. SECTION 13: PARENTAL LEAVE Any employee who wants a leave of absence for the purpose of childbearing and/or rearing may be granted personal leave without pay. An employee shall also have the option of using available sick leave for childbearing. SECTION 14: | CONTINUITY OF EMPLOYMENT No approved leave shall constitute a termination or break of continuity of employment. SECTION 15: | ANNUAL LEAVE Employees who want to take annual leave must make a written application at least five days in advance on the appropriate District leave forms to their immediate supervisor. All requests for annual leave taken during the months of June, July, and August shall be applied for by May 15 of each year and may be limited to two (2) weeks in duration. Employees will be notified of approval or denial of leave request by May 20. Employees may still apply after May 15th but shall not be able to pre-empt employees already granted leave. In resolving conflicts between two (2) applicants who submit their annual leave request on the same day and for the same dates, seniority shall be the deciding factor. An annual leave schedule shall be posted at each worksite to assist in the planning of annual leave during the months of June, July, and August. All annual leave requests shall be approved or denied by the district supervisor for non-instructional employees based on the procedure outlined in Article IX, Section 15 (above). ARTICLE X:__ EMPLOYEE SAFETY 30 SECTION 1: GENERAL A. The district agrees to maintain a safe, sanitary, and healthy working environment for employees and shall comply with applicable federal, state, and local laws and standards in regard to employee health and safety. The Union agrees to cooperate with the district in the identification of health and safety hazards. SECTION 2: PROTECTIVE CLOTHING AND EQUIPMENT A. The district shall provide an eye wash, safety shower, and a first aid kit at appropriate locations in the work area and provide the appropriate training for its use. The district shall furnish protective eye wear in accordance with applicable standards established by state and federal law. Such equipment and clothing required by law or the district for use by the employees shall be supplied (paid for) by the district. Employees shall be required to wear protective eye wear, as required, in the performance of their duties. SECTION 3:_ TRAINING The district agrees to provide health and safety training for all new employees and to continue on-the-job training for all employees in an effort to reduce/eliminate on-the-job injuries and accidents. SECTION 4: HEALTH AND SAFETY COMMITTEES A. A joint Union-Management health and safety committee shall be established. The committee shall consist of four (4) employees appointed by the Union and four (4) district representatives appointed by the Superintendent. The Superintendent shall select a chairperson. The committee shall meet twice a year to review and discuss matters of mutual concern in the areas of health and safety in a cooperative fashion. Committee members shall not suffer a loss of time or pay for attendance at health and safety meetings. Activities of the committees shall include, but are not limited to, suggestions for educational and training programs, complaint awareness, and suggestions for work 31 procedures arising out of health and safety concerns. Minutes or reports of the committee shall be provided to the Superintendent and/or his designee and the Union. SECTION 5:_ TRAINING COMMITTEE A. A training committee shall be established by January 1, 1996, to recommend training programs for job classes within the bargaining unit (custodial; food service; maintenance; transportation). B. The committee shall be composed of four (4) union members selected by the UTM President and four (4) members selected by the Superintendent. The chairman of the committee shall be appointed by the Superintendent. C. The committee shall also review all job descriptions for the job classes within the bargaining unit and make recommendations to the Superintendent regarding needed revisions and/or development of new job descriptions that may be needed. ARTICLE XI: /PERSONNEL FILES SECTION 1: PROCEDURES All employee personnel files shall be maintained under the following circumstances: A. No letters of reprimand that would indicate specific dissatisfaction with an employee's performance or letters of disciplinary action shall be placed in the employee's files until the employee has read the material. The employee shall have the opportunity to acknowledge that he/she has read such material by affixing his/her signature on the actual file copies, with the understanding that such signature only signifies that he/she has read the material to be filed and does not indicate agreement with its contents. B. The employee shall have the right to answer any material filed and his/her answer shall be attached to the filed copy. SECTION 2: ACCESS TO FILE An employee shall be permitted to examine his/her file. Employees are encouraged to call in advance to arrange for such examination. A Union representative shall be permitted to examine an employee's file when authorized in writing by a notarized statement to do so by the employee. The employee or authorized Union representative shall indicate in writing that such file has been examined. The employee or authorized Union representative shall be permitted conveniently to reproduce at his/her expense on the Board's premises, any material in the file. 32 The validity of items of a derogatory nature placed in the personnel file of any unit member shall be subject to the grievance procedure. SECTION 3:_ MAINTENANCE OF FILES Personnel files will be maintained in accordance with Florida Statute 1012.31 as outlined in Appendix B to this contract. ARTICLE XIE_-EMPLOYEE EVALUATION A. Employees shall be evaluated according to the current uniform evaluation procedures. Each individual shall be informed of the criteria, procedure, and timelines to be used. The employee performance evaluation form contained in the contract shall be used for the final evaluation. B. Supervisory personnel shall handle evaluations and related documents in a confidential manner. C. Employees shall be provided a copy of any evaluation prior to it being placed into the employee's file. The employee shall only sign the evaluation to indicate that he/she has received a copy. Such signature does not imply either agreement or disagreement. A witness may sign in the event an employee refuses to sign. D. No evaluation shall be placed in an employee personnel file unless the employee has acknowledged receipt of acopy. A witness may sign in the event an employee refuses to sign. The employee shall have the right to submit a written statement or rebuttal which shall be attached to the evaluation. E. Formal evaluations shall be completed and signed by the appropriate supervisor. No employee of the bargaining unit is authorized to evaluate another employee of the bargaining unit except for transportation supervisors who receive a salary supplement for additional duties of a supervisory nature. F. Evaluations will occur at least once a year no later than April 15". An employee may request another evaluation following any evaluation which the employee feels is unsatisfactory. The supervisor will schedule this additional evaluation within twenty- five (25) calendar days of the request. G. All evaluations shall be conducted with the full knowledge of the employee being evaluated. The employee shall be given a copy of any documentation of an inspection which may have a bearing on the employee's final evaluation. 33 All employees are entitled to request a review of his/her evaluation with his/her supervisor. The employee may be accompanied by a UTM rep if he/she so desires. When an evaluation includes reference to serious work performance deficiencies which the supervisor believes could eventually lead to disciplinary action, the employee will receive, in writing, the corrective action needed, a timeline for the corrective action, and the assistance which can be provided to remedy the deficiency or problem. A follow-up shall occur to assess the progress and/or completion of the suggested improvements. When disciplinary action is called for and just cause warrants such action, the procedures of Article V shall be followed. A copy of all evaluation forms and procedures in use shall be provided to the Union. ARTICLE XU: RIF/RECALL SECTION 1: REDUCTION IN FORCE A. Should the Board have to choose among its personnel as to which shall be retained, positions held by probationary, substitute, or temporary employees shall be terminated first. Should the Board still have to choose from among its regular employees, reduction of employees within designated areas shall occur using: 1. Normal attrition. 2. Following attrition, priority criteria shall be: service in the district, satisfactory performance evaluation, job qualifications, and Monroe County School Board staffing needs as recommended by the Superintendent. Prior to implementation this provision, the Superintendent will meet and confer with the union. Layoff 1. Any regular employee subject to layoff may seek other positions in the district for which they are qualified. 1. Any employee rehired within one year of layoff shall have all benefits, which were previously enjoyed, restored. ARTICLE XIV: TASK FORCES AND COMMITTEES 34 SECTION 1: SCHOOL RELATED EMPLOYEE OF THE YEAR SELECTION COMMITTEE A. A district committee shall be formed to review all nominations for the school related employee of the year. The committee shall be composed of three (3) UTM members appointed by the President and three (3) district administrators appointed by the Superintendent. B. Each member of the committee will be provided with copies of the application form and other data for each nominee. Each committee member will independently review the information on each nominee and rank them in priority order highest to lowest. All of the information will then be sealed in the envelope provided each committee member and returned to designated staff in charge of the program at the time. C. Should it be necessary to meet, members of the committee may be provided with release time and travel expenses if applicable, to participate in the work of the committee. D. Nominees shall receive an award and the School Related Employee of the Year shall receive an additional award as indicated on the supplemental salary schedule. SECTION 2: SCHOOL CALENDAR TASK FORCE The Union shall appoint a non-instructional member to the existing school calendar committee. Members of the Task Force will be provided with release time and travel expense, if applicable, to participate in the work of the Task Force. SECTION 3: STUDY COMMITTEES Study Committees shall be established during the term of this contract when mutually agreed to by the Superintendent and the Union President. Any study committee will consist of three (3) representatives and an alternate appointed by the Superintendent and three (3) representatives and an alternate appointed by the Union. One of the Superintendent's representatives will serve as the Chairperson of the Study Committee and shall be responsible for scheduling meeting dates and times, determining agendas and otherwise presiding over the meetings. Members of the Study Committees will be provided with release time and travel expenses, if applicable, to participate in the work of the committee. A subcommittee shall be formed to study the school related personal evaluation tools. 35 SECTION 4: INSURANCE COMMITTEE The Union shall appoint one non-Instructional employee to serve on the existing Insurance Committee. Members of the Committee will be provided with release time and travel expenses, if applicable, to participate in the work of the committee. SECTION 5: SUBSTANCE ABUSE POLICY AND PROGRAM The Board and the UTM agree to meet during the 93-94 school year in order to develop a memorandum of understanding concerning the adoption of a substance abuse policy and program. Any substance abuse program shall emphasize rehabilitation. ARTICLE XV:__ SALARIES AND SUPPLEMENTS SECTION 1: Schedules containing salaries and supplements for bargaining unit personnel will be printed in the contract or added as addendum when appropriate. SECTION 2: A. When an employee qualifies for an adjustment to salary, the adjustment, as determined by management, will be made within thirty (30) days. B. If management agrees that an employee is improperly placed on a salary schedule, he/she shall be properly placed at the time of discovery and paid retroactively at the next pay period for any losses incurred as a result of the improper placement. SECTION 3: A salary and supplements schedule will be effective and applicable only for the particular school year involved. Salary (and increments) and supplements schedules will be re-negotiated each year except when there is a multi-year economic settlement. SECTION 4: Summer employment shall be compensated according to the appropriate salary schedule or for which he/she would receive during the regular school year for the particular job classification. Overtime pay shall be the same as the regular school year. 36 SECTION 5: Employee salary payments shall be made bimonthly on the 15" and the end of the month for each job classification through direct deposit. The district shall assist employees with setting up a direct deposit account at a bank or credit union of their choice. All employees shall be paid on a 12 month basis. The annual salary shall be divided equally into twenty-four (24) pay periods except for adjustments occurring because of overtime or other such matters. Benefits and other voluntary elections shall be deducted over the first 20 pay periods. The anniversary date for step increases for all SRP bargaining unit members shall be July 1. The employee’s Direct Deposit Voucher shall be itemized with the additions section displaying the sources of additional pay. All deductions and contributions shall be itemized to disclose their destination or source. Completion of the itemized Direct Deposit Voucher will be by March 1°, 2003. ARTICLE XVI:__ COMPENSATORY BENEFITS In addition to salary benefits, the Board shall provide compensatory benefits as listed below. These benefits as implemented by resolution, policies, rules, directives, and memoranda in effect on the date this Agreement is executed shall not be changed, modified, or repealed during the term of this contract without mutual consent of the parties, except as stipulated therein. SECTION 1: HEALTH INSURANCE A. The rate structure and contribution requirements for employee participation in the District’s health insurance plan are as follows: BUY-UP PLAN - PLAN # 03768 Plan Employee Contribution | District Contribution Single $2937.67 $10017.02 Emp + Spouse | $5592.17 $11119.38 Emp + Children | $4885.24 $9883.10 Famil $6931.26 $11205.31 CORE PLAN - PLAN #03559 Plan Employee Contribution | District Contribution $1771.67 $10017.02 $4088.02 $11119.38 37 Emp + Children | $3556.00 $9883.10 $5298.85 $11205.31 HIGH DEDUCTIBLE PLAN - PLAN # 05360 Employee Contribution | District Contribution In future plan years, when a rate increase is recommended by the insurance committee and approved by the Board, the Board shall pay an additional contribution for each type of plan above. The additional Board contribution in future years shall be a minimum of 79% of the premium increase in the Buy-Up rate for the Employee (EE) plan. The employee shall be responsible for the remaining 21% or less of the premium increase for their chosen plan. In addition to the above amount, the Board shall contribute up to $450.00 for employees Vista A benefits for those employees who choose not to participate in the District Health Insurance Plan Effective Jan 1, 2018, employees’ spouses or married domestic partners who have access to affordable health care that provides minimum value (as defined by the Affordable Care Act)* through another employer will no longer be eligible for enrollment in the Monroe County Schools’ Health Plan unless they agree to pay a spousal fee of $50/ paycheck. All employees who want to cover their eligible spouse or married domestic partner on the Monroe County Schools’ Health Plan will be required to complete a Spousal Affidavit B. Beginning with the 2005 enrollment period, when two married employees work for the school district, they shall be allowed to pool their combined Board contributions toward family health coverage. C. The impact of future increases in insurance premiums or other significant changes in coverage are of joint concern to the Board and the Union. Accordingly, any such proposed changes shall be referred to the Insurance Committee for their recommendation. The Union shall appoint an SRP employee to serve on the insurance committee. D. Any employee on leave shall be given the right to continue his/her health insurance coverage and any other benefits while on leave provided they make the contributions to the district. 38 F. Any employee, upon retirement, shall be provided the option of continuing his/her health insurance coverage. Future increases in premium rate increases for retirees shall be a subject of negotiations. Beginning August 1%, 2012, retirees under the age of 65 will receive the subsidy once meeting the requirements as outlined below: e Retirees with at least 20 years of service with Monroe County School Board at retirement receive 100% of the current subsidy up to age 65. e Retirees with 10 years of service but less than 20 years of service with Monroe County School Board receive 50% of the subsidy up to age 65. e Retirees with less than 10 years of service with Monroe County School Board receive no subsidy. e Retirees over the age of 65 receive no subsidy. Subsidy as of August 1st 2012: e Single Board Subsidy - $6462.24 per year e ES Board Subsidy - $7,242.07 per year e EC Board Subsidy - $6,446.24 Per year e Family Board Subsidy -$7573.56 per year The Board will provide access to employee assistance resources for all employees in the district through the efforts of the staff wellness committee. SECTION 2: TRAVEL REIMBURSEMENT A. Within Monroe County Employees who do not receive monthly travel allowances and whose duties require them to travel within the county from their worksites to other locations in a privately owned vehicle will be reimbursed in accordance with the current adopted policy of the school board for such travel. This provision includes employees that work at two locations or more each day. These employees shall have a travel adjustment as per FL Statutes 112.061 added to their normal paycheck each pay period. Outside Monroe County Employees who are required to travel outside of Monroe County in their own vehicle or by common carrier shall be reimbursed in accordance with the current adopted policy of the school board for such travel. 39 SECTION 3: SICK LEAVE AND ANNUAL LEAVE A. Full-time employees, 51% of the average number of hours for the particular classification, shall accumulate sick leave at one day per month, or an equivalent number of hours per month equal to the employee's normal workday. Four (4) days or an equivalent number of hours as described above, shall be credited to each full-time employee at the end of the first month of employment of each year and thereafter, 1 day of sick leave, or an equivalent for each additional month of employment, which shall not be used prior to the time it is earned and credited to the employee. Employees shall be entitled to earn no more than 1 day per month or the equivalent number of hours as described above, times the number of months employed during the year of employment. Employees may not accumulate more than 42 days of annual leave and shall forfeit the excess on July 1 of each fiscal year except in the year of retirement. Accumulated annual leave shall be compensated at the employee’s daily rate at the time of retirement or death up to the limit of 60 days. Employees may not request annual leave (to be taken at one time) in excess of the number of days earned during the current year. Additional days may be applied for and approved at other times during the year. SECTION 4: ANNUAL INCENTIVE PAYMENT FOR ATTENDANCE An employee who does not use but one (1) sick leave or personal leave with pay during the first 90 student days of the regular school year shall receive a $250 incentive for the qualifying period payable on February 28. An employee who does not use but one (1) sick leave day or personal leave day with pay during the second 90 student days of the regular school year shall receive a $250 incentive for the qualifying period payable on June 30. The district payroll department shall compile the list of qualifying SRPs within 15 working days of the end of each semester. Personal leave days taken when approved for religious purposes or jury duty shall be an exception to the provisions of this Section. A record of incentive payments shall be forwarded to the UTM President at the time such payments are made. SECTION 5: 403b / 457 BENEFIT PLAN 403b and 457 voluntary supplemental retirement plans have traditionally been available to employees within the District. Only Employee money is invested in such plans. The District and the Union agree that the Employees should have access to the best possible supplemental retirement plans. Based upon the new Regulations established by the Internal Revenue Service, to become effective January 1, 2009, the District must adopt new procedures concerning the operation of 403b and 457 plans and the District will assume additional record-keeping and other responsibilities at that time. 40 In order to comply with these new Regulations, the District and the Union agree that the Model Plan, developed and recommended by the Independent Benefits Council (a non-profit Florida corporation formed by the Florida Education Association, the Florida Association of School Administrators, the Florida Association of District School Superintendents and the Florida School Boards Association), be adopted by the District and implemented at the earliest possible time, but no later than January 1, 2009. The District and the Union agree that if any other company desires to be considered for approval as a 403b / 457 provider company, it must agree in writing to meet all of the pricing and other commitments made by the Model Plan companies and provide the District a Letter of Commitment stipulating to these guarantees, signed by an officer of the company. ARTICLE XVII: TERM OF AGREEMENT SECTION 1: It is agreed and understood that this contract and each of its provisions shall be effective and constitute a legally binding contract upon execution by the Chairman of the Board and representatives of the Union. SECTION 2: Agreements reached on wages, hours, and terms and conditions of employment subsequent to the approval and ratification of this contract shall be incorporated and added to this contract as an addendum. SECTION 3: LENGTH OF CONTRACT This contract shall be in force and binding upon the parties until midnight, June 30, 2019. The parties may reopen the contract on or before June 1, 2019, on all subjects of collective bargaining However, it is agreed that the Board and the Union shall have the right to reopen negotiations during the term of this contract should new legislation require the Board or Union to take action on matters effecting wages, hours or working conditions or by mutual consent. 41 DATED at Key West, Florida, this 12th day of June, 2018. UNITED TEACHERS OF MONROE LOCAL 3709, FEA, AFT, NEA BY HOLLY HUMMELL-GORMAN, PRESIDENT s BY KIM LOWELL, VICE PRESIDENT 42 THE DISTRICT SCHOOL BOARD OF MONROE COUNTY, FLORIDA TAAL bof) BY BOBBY HIGHSMITH, BOARD CHAIRMAN y Aaa BY MARK PORTER, SUPERINTENDENT APPENDIX A: _GRIEVANCE PROCEDURE The purpose of this procedure is to secure, at the lowest possible administrative level, expeditious resolution of the problems which may arise concerning the interpretation and application of this Agreement. The Union and the Board agree that these procedures will be kept as informal and confidential as may be appropriate at any level of the procedure. The grievance procedure is not the method by which all problems, conflicts, or concerns are addressed. In particular, issues regarding personal conduct and civility are addressed in School Board Policy 3380 and associated School Board Procedures 3380. SPECIAL PROVISIONS SECTION 1: LETTER OF INQUIRY Either the supervising administrator or the Union may send a Letter of Inquiry (Form E) to the Superintendent for the purpose of seeking a clarification of a Board rule, State law, and/or terms and conditions of employment as set forth in this Agreement. The Superintendent or his/her designee shall respond within ten (10) working days of receipt of the Letter of Inquiry. If the interpretation of the Letter of Inquiry is not satisfactory to the Union, a formal grievance may be filed if the subject of the Letter of Inquiry is arbitrable under the terms and conditions of this Agreement. The Letter of Inquiry will state the time for filing of a grievance at Step 1 only where the Letter of Inquiry is filed with the Superintendent with the time limits for filing of a grievance under Step 1. SECTION 2: ARBITRATION EXPENSES Arbitration expenses shall be shared equally by the Board and the Union or by the member of the bargaining unit if the Union chooses not to process the grievance. The Union shall not be responsible for any costs attendant to the resolution of a grievance for employees who are not members of the Union. SECTION 3: BOARD COSTS Should an individual employee decide to process a grievance to arbitration where the Union has declined to do so, the employee shall pay in advance to the Board one half (1/2) of the approximate costs of the arbitration. The costs shall be based upon the estimated length of time of the arbitration hearing and shall also be based upon allowing a minimum of two (2) days for arbitrator to prepare his/her decision. In this regard, the costs shall be computed at the rate to be charged by the arbitrator for his/her service. 43 SECTION 4: DEFINITIONS A. The term "grievant" shall mean a bargaining unit member, group of bargaining unit members, or the Union filing a grievance. The term "grievance" shall mean a written allegation by a grievant that there has been a violation, misinterpretation, misapplication, or disagreement arising out of or involving the terms of this agreement. Time limits set forth in this Article shall not include Saturday, Sunday, and paid holidays. For the purposes of this procedure, "filing" means actual receipt of grievance. The grievant shall be entitled to representation at any level of the grievance process. If the Union has declined to process the grievance, it shall be sent copies of all written communications between the Board and the grievant. Further, the Union shall be advised, in writing, of the dates of any meetings held to resolve the grievance and shall have the right to send one (1) observer to the proceedings. All time limits herein stated shall be adhered to unless mutually waived on the form provided (Form D). A grievance involving more than one unit member or group of unit members at different work sites or filed by the Union shall begin at Step 2. All documents concerning a grievance shall be filed separately from employee personnel files, except those which must legally be part of the personnel file. Filing of or the lawful participation in a grievance shall not be reason for any disciplinary action against an employee. Any grievance arising during the term of this contract shall be processed to its resolution notwithstanding the expiration of this contract. In the event a grievance is filed at such time that it cannot be processed through Steps 1 and 2 prior to the end of the contract year, and if left unresolved could cause irreparable harm to the grievant, the time limits herein will be reduced. Resolution of any grievance shall not be inconsistent with this contract. The grievant or employees who are called as witness will, if necessary, be allowed release time without loss of pay to process, or assist in the processing of a grievance. 44 The Union representative may consult with employees in an effort to resolve grievances, or to process them, during duty-free times. Grievances under this contract shall be processed separately and individually. Only one grievance shall be submitted to an arbitrator for decision in any given case, unless mutually agreed to do otherwise. Time is considered to be of the essence for purposes of this Article. Accordingly, any grievance not submitted according to the procedure contained in this Article shall be barred, forfeited, and foreclosed for all contractual or legal purposes and shall result in the forfeiture of all rights to arbitration. Additionally, should a principal or the Superintendent fail to timely respond to grievances submitted to them under this Article, the grievant and/or the Union shall have the right to process the grievance to the next level without having to wait for a disposition of the grievance. 1. This grievance procedure shall be the sole and exclusive method of resolving any matter which is subject to the grievance/arbitration procedure of this contract. Neither the Union nor the employee covered by this contract shall pursue any grievance concerning any matter which is subject to the grievance/arbitration procedure through the courts, the Board, or any other agency. 2. Disputes involving matters not covered by the grievance/ arbitration provisions of this contract shall be dealt with under available statutory and administrative remedies. Notwithstanding, any other provision in this contract, matters concerning discharge and/or suspension of employees, renewal and/or non-renewal of employee contracts, shall not be subject to the grievance/ arbitration procedure herein. Such matters shall be dealt with in accordance with available remedies contained in Florida Statues and applicable administration regulations. The employee may request either a hearing by a Department of Administration Hearing Officer or a hearing before the School Board. A request for a hearing must be made within 15 days by the affected employee or his representative. Where Union representation is provided herein, the employee shall be represented by the Bargaining Agent provided; however, if the Bargaining Agent chooses not to represent the employee, the employee shall have the right to representation of his/her own choosing. Any grievance must be submitted on the forms developed by the Union and the Board. 45 SECTION 5:_ PROCEDURES: Any grievance between the Board and the Union or any employee shall be settled in the following matter: Step 1: Within fifteen (15) days after the occurrence of the event giving rise to the grievance, the grievant shall file a claim on Form A with the principal or supervisor at the school or work site with a copy to the Union, unless a Letter of Inquiry has been filed. Within five (5) days of the receipt of the Form A, the principal, supervisor or his/her management designee shall hold a meeting with the grievant or his/her Union representative to resolve the grievance. The principal, supervisor or his/her designee shall indicate his/her disposition of the grievance within five (5) days of the meeting held to resolve it. Copies of said disposition shall be filed with the grievant and the Union. If the grievant is not satisfied with the disposition at Step 1, or if no disposition at Step 1, or if no disposition is filed within the time limit, the grievant or the Union may, within five (5) days, file the grievance at Step 2 on Form B. Step 2: Within ten (10) days of receipt of Form B, the Superintendent or his/her designee, shall hold a meeting to resolve the grievance with the Union representative and/or grievant. The Superintendent or his/her designee shall indicate his/her disposition of the grievance within five (5) days of the meeting held to resolve it. Copies of said disposition shall be filed with the grievant, his/her principal or supervisor and the Union. Step 3: _ If the grievant is not satisfied with the disposition at Step 2, or if no disposition is filed within the time limit, the Union or the grievant may file within ten (10) days a request for arbitration with the Superintendent's office on Form C. If the Union chooses not to proceed to arbitration, the grievant may proceed on his/her own. Within ten (10) working days after receipt of the written request for arbitration, the Superintendent or his/her designee shall meet with the grievant and/or representative of the Union and attempt to select an impartial arbitrator during said time, then either party may request the Federal Mediation and Conciliation Service to furnish a panel of seven (7) names from which each party shall have the option of alternately striking three (3) names, thus leaving the seventh who shall be the impartial arbitrator whose lawful decision in the matter, if made in accordance with the contract, shall be final and be finding upon the parties. A copy of the request to the Federal Mediation and Conciliation Service shall be promptly furnished to the other party by the party requesting the panel from the Federal Mediation and Conciliation Service. The Arbitrator's decision will be in writing and will set forth findings of fact, reasoning and conclusions on the issues submitted and where permitted by law, may include a monetary award. The arbitrator will be without power or authority to make 46 any decision which requires the commission of an act prohibited by law or which adds to, subtracts from, modifies or alters the terms of this contract. Further, this contract shall not be construed by an arbitrator in any way to supersede or preempt applicable laws, ordinances, statues, nor shall any arbitrator have the authority to modify, change, amend, add to, subtract from, or otherwise alter or supplement this contract or any part thereof. 47 GRIEVANCE FORM A GRIEVANCE # STEP I THE DISTRICT SCHOOL BOARD OF MONROE COUNTY 241 Trumbo Road Key West, Florida 33040 (Please Type or Print with Ball-point Pen) NAME OF GRIEVANT DATE FILED HOME ADDRESS. HOME TELEPHONE WORK LOCATION. EMPLOYEE NO. SS# SUPERVISOR UNION REP. Date Cause of Grievance Occurred Statement of grievance including reference to specific contract Article number. (If additional space is required, please attach statement.) Relief Sought: Signature of Grievant/Union Rep. Date Decision by Supervising Administrator. (If additional space is required, please attach statement.) Signature of Supervisor Date Distribution of Form: 1. Supervisor 2. Grievant 3. Union 4. Superintendent Signature of Grievant (Signature of grievant indicates receipt, and does not necessarily indicate agreement with decision.) 48 GRIEVANCE FORM B GRIEVANCE # STEP II THE DISTRICT SCHOOL BOARD OF MONROE COUNTY 241 Trumbo Road Key West, Florida 33040 (Please Type or Print with Ball-point Pen) NAME OF GRIEVANT DATE FILED HOME ADDRESS HOME TELEPHONE WORK LOCATION EMPLOYEE NO. SS# SUPERVISOR. UNION REP. SUPERINTENDENT Date Received by Superintendent Decision by Superintendent. (If additional space is required, please attach statement.) Signature Date Distribution of Form: 1. Supervisor 2. Grievant 3. Union 4. Superintendent 49 GRIEVANCE FORM C GRIEVANCE # SUBMISSION TO ARBITRATION The Board and Union are parties to a contract containing a final and binding arbitration procedure. Pursuant to the terms of that procedure, the parties submit the following to arbitration: 50 GRIEVANCE FORM D GRIEVANCE # REQUEST FOR EXTENSION OF TIME (Please Type or Print with Ball-point Pen) Request Made By: Status of Grievance: Grievant Step I Bargaining Agent Step II District School Board Arbitration Amount of Additional Time Requested: Reason for Request: Date Received: Signature (party making request) Date Response to Request: Date Signature (party responding to request) Distribution of Form: 1. Supervisor 2. Grievant 3. Union 4. Superintendent 51 LETTER OF INQUIRY (Please Type or Print with Ball-point Pen) The undersigned hereby requests clarification from the Superintendent with reference to the following: Florida Statute (Statute Number) Board Policy Rule (Rule Number) Contract Provision (Article Number) The issue with reference to the identified statute, rule or contract provision which requires clarification is as follows: Signature Title Address Date Distribution of Form: 1. Originator (Other than Union) 2. Union 3. Superintendent (For Official Use Only) Date Received Letter of Inquiry # Date of Response (attach copy of response) Signature of Superintendent 52 APPENDIX B PERSONNEL FILES PERSONNEL FILES Pursuant to Florida Statues 012.31 Personnel files - Public school system employee personnel files shall be maintained according to the following provisions: (a) Except for materials pertaining to work performance or such other matters that may be cause for discipline, suspension, or dismissal under laws of this state, no derogatory materials relating to an employee's conduct, service, character, or personality shall be placed in the personnel file of such employee. (b) (*) No anonymous letter or anonymous materials shall be placed in the personnel file. Materials relating to work performance, discipline, suspension, or dismissal must be reduced to writing and signed by a person competent to know the facts or make the judgment. No such materials may be placed in a personnel file unless they have been reduced to writing within 45 calendar days, exclusive of the summer vacation period, of the school system administration becoming aware of the facts reflected in the materials. Additional information related to such written materials previously placed in the file may be appended to such materials to clarify or amplify as needed. A copy of such materials to be added to an employee's personnel file shall be provided to the employee either: (1) By certified mail, return receipt requested to his/her address of record; or (2) By personal delivery to the employee. The employee's signature on a copy of the materials to be filed shall be proof that such materials were given to the employee with the understanding that such signature merely signifies receipt and does not necessarily indicate agreement with its contents. The employee shall have the right to answer in writing any such materials in a personnel file as of July 1, 1983, as well as any such material filed thereafter, and the answer shall be attached to the file copy. The employee shall have the right to request that the Superintendent or his/her designee make an informal inquiry regarding material in his/her personnel file which the employee believes to be false. The official making the inquiry shall append a written report of his/her findings to the material. 53 Upon request the employee, or any person designated in writing by the employee, shall be permitted to examine the personnel file. The employee shall be permitted conveniently to reproduce any materials in the file at a cost no greater than 5 cents a page. The custodian of the record shall maintain a record in the file of those persons reviewing the file each time it is reviewed. Public School system employee personnel files are subject to the provisions of chapter 119, except as follows: (1) Any complaint and any material relating to the investigation of complaint against an employee shall be confidential until the conclusion of the preliminary investigation or until such time as the preliminary investigation ceases to be active. If the preliminary investigation is concluded with the finding that there is no probable cause to proceed further and with no disciplinary action taken or charges filed, a statement to the effect signed by the responsible investigating official shall be attached to the complaint and the complaint and all such materials shall be open thereafter to inspection pursuant to chapter 119. If the preliminary investigation is concluded with the finding that there is probable cause to proceed further or with disciplinary action taken or charges filed, the complaint and all such materials shall be open thereafter to inspection pursuant to chapter 119. If the preliminary investigation ceases to be active, the complaint and all such materials shall be open thereafter to inspection pursuant to chapter 119. For the purpose of this subsection, a preliminary investigation shall be considered active as long as it is continuing with a reasonable, good faith anticipation that an administrative finding will be made in the foreseeable future. An investigation shall be presumed to be inactive if no finding relating to probable cause is made within 60 calendar days after the complaint is made. Employee evaluations prepared pursuant to s.231.17(3), s.1012.34, s.1021.33, or rules adopted by the State Board of Education or a local school board under the authority of said sections, shall be confidential until the end of the school year immediately following the school year during which each evaluation is made. No evaluations prepared prior to July 1, 1983, shall be made public pursuant to this section. No material derogatory to the employee shall be open to inspection until 10 calendar days after the employee has been notified pursuant to paragraph (2) (c). The payroll deduction reports of the employee shall be confidential. (a) Employee medical records, including psychiatric and psychological records, shall be confidential; provided, however, at any hearing relative to an 54 employee's competency or performance, the hearing officer or panel shall have the access to such records. (b) Notwithstanding other provisions of this section, all aspects of each employee's personnel file shall be open to inspection at all times by School Board members, the Superintendent, and the principal or their respective designees, in the exercise of their respective duties. (c) Notwithstanding other provisions of this section, all aspects of each employee's personnel file shall be made available to law enforcement personnel in the conduct of a lawful criminal investigation. The term "personnel file" as used in this section shall mean all records, information, data, or materials maintained by a public school system, in any form or retrieval system whatsoever, with respect to any of its employees, which is uniquely applicable to that employee, whether maintained in one or more locations. 55 APPENDIX C SICK LEAVE POOL A. Purpose A sick leave pool has been established, effective January 1, 1981, in order to provide members of the bargaining unit with an emergency pool of sick leave days in cases of prolonged absence due to personal illness or disability beyond those days available under personal sick leave or such other leave as may be available upon School Board action. B. Benefits A member of the sick leave pool shall, upon proper application, be eligible to receive up to fifty (60) days from the pool within a 12 month period. Should a member of the sick leave pool apply for an additional 50 days, the need must arise from a different catastrophic illness or occurrence. Cc. 1. Membership and General Requirements Participation in the sick leave pool shall at all times be voluntary on the part of the employees. Any member of the non-instructional staff employed on a fifty-one percent (51%) or more contract shall be eligible for participation in the sick leave pool after one year of employment with the District School System, provided that such employee has accrued a minimum of seven (7) unused sick leave days by the end of the open enrollment period. A sick leave pool member may (only) discontinue their membership in the pool during the open enrollment period. The enrollment periods shall be the months of September and February of each school year. Each employee shall, upon signing an authorization form for the sick leave pool, contribute one day during the official enrollment periods. Participating members shall be required to contribute an additional day when the number of pool days has fallen below thirty (30) days. However, such additional days shall in no event exceed one per school year. Any such contribution to replenish the sick leave pool shall be equally required of all employees participating in the pool. A sick leave day contributed by a member will not be returned to the employee except as authorized hereinafter. Any sick leave time drawn from the pool by a participating employee must be used for the employee's personal catastrophic illness, accident, or injury. A catastrophic occurrence shall be defined as a debilitating cancer, TB, stroke, heart disease, a major 56 10. 11. 12. 13. operation or serious accident with a long recovery period and any long term or chronic illness. A participating employee who uses sick leave from the pool shall not be required to re- contribute such sick leave except as otherwise provided in this section. A participating employee shall not be eligible to use sick leave from the pool until all of the employee's sick leave days have been utilized. All members shall, provide medical documentation to the Review Committee certifying the catastrophic illness as defined in section 5 and shall agree to all other terms and conditions necessary in writing prior to being granted pool days. Application by employees for withdrawal from the sick leave pool shall be submitted to the Review Committee which shall review the requested withdrawal and approve or disapprove same based upon circumstances involved in the requested withdrawal. Sick leave pool days may not be utilized for normal childbirth (includes C-section) unless serious complications occur as documented by the employee’s physician. In the event the Sick Leave Pool is disbanded, all days remaining in the pool at the time of said action shall be divided equally among the members of the pool without regard to length of membership or prior use of the pool and returned to their individual sick leave accumulations. Each employee who participates in the sick leave pool agrees to hold harmless the Monroe County School Board, the United Teachers of Monroe, the Review Committee and the Study Committee from any liability as a result of the establishment and/or administration of the sick leave pool. Any and all disputes concerning the sick leave pool shall be submitted exclusively to the Review Committee for resolution. The decision of the majority of the Review Committee shall be final and binding. In the event the Review Committee deadlocks, the matter may then be appealed to arbitration pursuant to the conditions and procedures contained in Appendix A of this agreement. When an employee is a member of the sick leave pool and they have exhausted their sick leave pool benefit, other employees in the sick leave pool may donate a sick leave day directly to the employee under the following circumstances: The employee needs the days due to their own personal catastrophic illness as defined in the sick leave pool rules and have met the qualifying criteria as set forth in the sick leave pool. (It must be clear that an employee must have used all of their sick leave pool days before requesting a voluntary donation of an additional sick day by other sick leave participants.) 57 Application for this benefit must be submitted on the proper form which will be developed by the district and the union for this purpose and must be approved by the sick leave pool committee. Sick Leave Pool Members who are willing to donate a day to the employee who applies must sign the form authorizing the payroll department to deduct a day from their sick leave. An applicant will have to submit a new form for each five days of sick leave requested. This benefit is limited to a maximum of fifty (50) days of sick leave provided that enough sick leave pool members are willing to donate. Days donated by other employees shall not be mingled with the days of the existing sick leave pool but shall be considered a one-time donation. Employees are limited to donating one sick day per applying applicant. All applications for this additional sick leave benefit shall be retained by the district’s custodian for the sick leave pool. All days provided under this agreement will be reported in the sick leave annual report. Administration 1. Administration of the pool will be by a Review Committee which shall be established as follows: (a) The committee will consist of six members, three to be named by the Union and three to be named by the School Board. (b) No decision of the Review Committee shall be made by fewer than four members, two of which are School Board appointees and two of which are Union appointees. (c) | The committee shall review all applications for withdrawal of pool days and shall have the right to approve or disapprove applications and to request additional information or medical documentation. (d) The Review Committee shall develop a procedure for investigation of possible abuse of the pool and shall have the responsibility for imposing penalties as determined hereinafter. 2. The Review Committee shall have available to it a representative of the Study Committee, as established by the Contract. The representative shall be available to assist in interpretation of the contractual and procedural provisions of the pool. 3. The Study Committee will retain the right to waive additional contributions if the pool has sufficient days to meet all current requests for withdrawal or to assess additional contribution not to exceed one (1) day per year. 4. The Review Committee shall annually issue a report to the members of the pool, to the UTM President and to the school superintendent. Such a report shall include the date of any pool day assessment, number of days contributed, 58 utilization and current pool balance. The district shall assign an employee of the payroll department to act as custodian of the sick leave pool and shall maintain the files of all requests including documentation supporting the sick leave pool use. E. Penalties Upon finding by the Review Committee that a member has fraudulently withdrawn days from the pool, that member may be subject to the following penalties: 1. JR YN Pool reimbursement to the School Board for the total dollar value of the days withdrawn. Interest on said amount up to 15%. Ineligibility for continuing membership in the pool. Such other penalties as may be recommended. Such other penalties as may be available to the Board. 59 APPENDIX D PAYROLL DEDUCTION I ADMINISTRATIVE PROCEDURES FOR DUES CHECK-OFF, UNIFORM ASSESSMENTS AND ECONOMIC SERVICE TRUST DEDUCTIONS. It is agreed that payroll deduction of dues for the Union shall be extended in accordance with the following provisions: A. Payroll deduction of Union dues for all unit employees eligible for membership in the United Teachers of Monroe Bargaining Unit shall be provided only for the United Teachers of Monroe as the certified exclusive bargaining agent for this classification of employees and shall not be provided any other union/employee organization within that unit. B. The amount of dues shall be determined by the Union. The schedule for deductions must be made within the framework of the existing mechanized payroll schedule. C. Dues authorization cards submitted after the date necessary for the full amount of dues to be deducted are to be processed according to the figure determined by the Union, provided that the amount to be deducted shall be uniform for the remainder of that school year. D. The Board shall collect and transmit such monies as are sufficient to provide for the full payment of membership and uniform assessment pursuant to the terms and conditions contained in the dues authorization contracts signed by members of the Union. Such monies shall be transmitted to the Union within three (3) working days of in accordance with the terms and provisions indicated on the payroll deduction card and in accordance with Chapter 447 F.S. H. The Union shall indemnify the issuance of instructional payroll checks. E. The uniform assessment shall occur in conjunction with the regular pay cycle for instructional personnel and shall be deducted in ten equal payments, the amount to be determined by the Union. F. If the authorization and deduction form is filed ten (10) working days prior to the employee's payroll cut-off date, deductions shall commence with the payday of that period. If is not filed until after the aforesaid period, deductions shall not commence until the following pay period. G. The Union will be supplied with a deduction register every pay period, showing employee name, Social Security number, work locations, and the amount deducted for that pay date. All starts and/or cancellations of payroll deduction for employees shall be Board against any and all claims, demands, suits, or other forms of liability that shall arise out of action by the Board for the purpose of complying with any provisions of the check-off Article. 60 II. DEDUCTION FOR ECONOMIC SERVICE TRUST The detailed and explicit procedures for implementation of payroll deduction for service, benefits sponsored and endorsed by the Union through Fringe Benefits Management Company shall be jointly developed and agreed to by the Union and the Board. 61 APPENDIX E: LETTER OF UNDERSTANDING FOR TERMINAL SICK LEAVE AND ANNUAL LEAVE SHELTER The District School Board and the United Teachers of Monroe enter into this agreement in order to provide a tax shelter to Employees and the District for annual sick leave accumulations. Provisions of the agreement shall take place upon adoption by both parties. AN OVERVIEW OF THE NATIONAL GOVERNMENT EMPLOYEES RETIREMENT PLAN (401(a) QUALIFIED RETIREMENT PLAN) “NATIONAL PLAN” FOR TERMINAL SICK LEAVE PAY/ ANNUAL LEAVE BUY-OUT/”SPECIAL PAY” FOR SCHOOL BOARD OF MONROE COUNTY and the UNITED TEACHERS OF MONROE SPONSORED AND MARKETED BY: BENCOR, INC. ADMINISTERED BY: BENCOR ADMINISTRATIVE SERVICES The NATIONAL GOVERNMENT EMPLOYEES RETIREMENT PLAN (NATIONAL PLAN) is offered by BENCOR, Inc. to help governmental units and their Employees take maximum advantage of the Federal tax laws. Provided below is an explanation of how this plan works and what advantages it offers to you. Eligibility . Employees who are retiring and eligible for terminal leave benefits from the Monroe County School District are required to participate in the plan. . Terminal Sick Leave Pay and Annual Leave will be placed into the plan subject to the contribution limit. (Please see “Contribution Limit” below.) Benefits to Employee/Participant ° Employee permanently saves the 7.65% Social Security and Medicare tax on plan contributions. . Contributions are made on a pre-tax basis; Federal and any state and local income taxes on this compensation are deferred until distributions are taken from the plan. Contribution Limit . The plan contribution for any participant made for any Plan Year may not exceed the lesser of 50% of the individual’s Plan Year Compensation or a fixed dollar, IRS inflation-adjusted amount set for each year (which is $55,000 for Plan Years beginning in 2018). . Plan Year Compensation for this purpose is defined as Wages plus Terminal Sick Leave Pay plus Annual Leave Pay (plus “Special Pay” if applicable) for the Plan Year (7/1 - 6/30). . Annual Leave, whether placed into the plan or not, qualifies for FRS retirement benefit calculations unless it is received at the end of DROP. Vesting . All contributions made to the plan are 100% vested. Trustee/Custodian . Under the NATIONAL PLAN, BENCOR appoints an institutional Trustee /Custodian to receive all deposits into the plan, hold investments and make distributions to participants. BENCOR reserves the authority to change the appointed Trustee/ Custodian. 62 Investments Under the NATIONAL PLAN, BENCOR appoints an institution that provides investment options, including mutual funds and at least one guaranteed interest rate product from an insurance company. BENCOR strives continuously to provide the best performing products and so reserves the authority to change the investment provider as well as the available investment options. Please see the enrollment package for further information regarding investment options currently available. All investments are participant directed. If participant does not direct investments, the participant's contribution automatically will be placed in a guaranteed interest rate fund. Third Party Administration BENCOR Administrative Services provides a full range of administrative services to the NATIONAL PLAN and its participants. BENCOR reserves the authority under the NATIONAL PLAN to change the administrator. BENCOR provides a toll-free telephone number for general plan information or for specific account information or to change investment options. Statements Quarterly statements will be provided to each participant. Account balances will be updated daily and may be viewed by logging into the BENCOR website. Distributions It may be most advantageous under Federal tax laws for a participant to delay taking distributions from the plan until a later tax year when the individual’s income tax rate may be lower. When a participant terminates employment, he or she may choose to leave money in the plan, self- directing future investments and taking later distributions as desired in a tax deferred manner, or may elect to take an immediate lump sum distribution following termination of employment. If elected, periodic payments may be taken by a participant monthly, quarterly, semi-annually or annually. In addition, distributions will be made on account of total disability. If a participant dies, the amount in his or her plan account will be paid to any beneficiary the participant has designated, or if no beneficiary has been named, then to the participant’s spouse, if surviving, or if none, to the participant's estate. To receive a distribution, a participant must initiate the process by requesting a distribution packet from the Administrator. Distributions will be processed in a timely manner. For loan provisions of the NATIONAL PLAN that may permit a participant to borrow money from his or her plan account, contact the Administrator. A terminating Employee also may elect to roll over eligible distributions into an IRA or into another Employer's eligible retirement plan. A surviving spouse has the option to roll over a distribution made on account of the Employee’s death to an IRA created by the spouse. Retired employees who have left the school system and fall within a certain age category (those who are less than 55) and elect to withdraw their plan funds are subject to a 10% early withdrawal penalty by the IRS. It is recommended the Board hold harmless those employees who fall within this category, if they request their funds from the Administrator within 45 days of actual retirement and termination from the Monroe County School District. This would normally require a makeup of 2.35% (10% penalty less 7.65% previous savings on social security taxes). However, individuals who have met their FICA salary limit before retiring would receive an 8.55% reimbursement for accounts over the limit. Each employee’s amount must be calculated individually to determine the impact. The funds necessary for this feature come from the savings the Board accrues from not matching the Social Security tax. This modification has a minimal impact on the savings generated. There is no 10% federal tax penalty for “early distributions” if the Employee terminates employment and by year-end will be at least age 55 (not age 59-1 as is the required age in most other circumstances) or elects a direct rollover of the distribution. Also, distributions made on account of the Employee's death 63 are not subject to the additional 10% tax. . Please consult your tax advisor for information regarding the taxability of plan distributions. Expenses . There are no front or back-end load charges. Each investment option may have an administrative charge referred to as an “expense ratio” that is set forth in the fund’s prospectus material. Monroe County School District’s DROP Participants . DROP participants’ Terminal Sick Leave Pay/ Annual Leave will be processed as follows: ° Annual Leave - Employees participating in DROP have the option to (1) receive their Annual Leave as a lump sum distribution at the time of enrollment in DROP or (2) receive a lump sum payment at the end of the DROP period. If option (1) is chosen (Annual Leave paid as a lump sum at the time of enrollment in DROP), this dollar amount will be included in the employee’s compensation for retirement benefit calculation purposes (FRS). If option (2) is chosen (wait until end of DROP period), this dollar amount is not included in the FRS benefits calculation. Under either option (1) or option (2), Annual Leave will be placed into the NATIONAL PLAN subject to the contribution limit. Any Annual Leave in excess of the plan contribution limit will be paid to the participant subject to federal income tax and related taxes (ie., Social Security and Medicare). A participant does not have access to plan contributions until the end of DROP - other than through the loan provisions of the plan. ° Terminal Sick Leave Pay - An Employee participating in DROP will have an amount deposited within his or her account equal to that percentage of the time left under the DROP option multiplied by the value of the balance of the Employee’s accrued sick leave days. DROP PARTICIPANT - 60 months (maximum allowable) Year 1 20% of balance of terminal sick leave Year 2 25% of balance of terminal sick leave Year 3 33.33% of balance of terminal sick leave Year 4 50% of balance of terminal sick leave Year 5 100% of balance of terminal sick leave Allowing employees to shelter their terminal pay in this fashion maximizes the terminal pay that they can shelter. This occurs by spreading of those funds over the 60 month DROP period. These percentages would change according to the option chosen by the employee (i.e., a DROP participant could choose only a three-year DROP period, his or her funds would be deposited over the three-year period for a total of 100% by the end of that selection). This percentage may be modified in the first year of enrollment in DROP, if the first year amount, when combined with the payment for accrued annual leave, exceeds the amount that can be sheltered. Tax Sheltered Annuities (403(b)) ° Contributions made to the NATIONAL PLAN are Employer contributions to a 401(a) qualified retirement plan. In most cases, participants in the NATIONAL PLAN also will be able to make maximum contributions to their 403(b) plans. . Please consult your TSA advisor or your tax advisor regarding your contribution limits. Agreed to this day of , 2018. By: President of United Teachers of Monroe 64 , Superintendent of District School Board of Monroe County Chairman of District School Board of Monroe County 65 APPENDIX F: INTERVIEWING AND RANKING FORM FOR VACANT OR NEW POSITIONS Form for Ranking Meets first Notes Score: 5 to1; 5 best; 1 least consideration Qualifications: (See definition) 5 points max Training: (See definition) 5 points max Experience: (See definition) 5 points max Annual Evaluations: (overall effective or above and must have employee for 1 year. 5 points max Time in the District: Must have 1 year of service ¥% point for each year of service (to a max of 10 points) Total Score Attach individual interviewer forms to the composite form if there is more than one interviewer Meets Minimum Requirements If requirements are met Ranking Total Signature of Interviewer: 66 Date: The School Board of Monroe County, Florida Employee Performance Evaluation Name of Employee Position/ Title Period Covered: School/Dept. Rating Scale: HE=Highly Effective E=Effective N=Needs Improvement U=Unsatisfactory EMPLOYEE PERFORMANCE HE E N U QUALITY AND QUANTITY OF WORK - The employee completes all assigned duties and responsibilities in a timely, efficient and organized manner. DEPENDABILITY - The employee works with minimum supervision and meets deadlines. Breaks/Lunch times are observed. ATTITUDE AND COOPERATION - The employee exhibits a positive attitude and cooperates with associates, school-based personnel, district level administrators, and the public when performing assigned duties and responsibilities. INITIATIVE AND RESOURCEFULNESS - Readily assumes responsibility and communicates need for further work. The employee evidences sound judgment within scope of assigned duties. UNIFORM/ATTIRE - Wears uniform in manner prescribed. Dresses appropriately and arrives on the job neat and clean. Good personal habits. SAFETY - Exercises safe work habits and is attentive to unsafe actions or situations. Respects danger of machinery and uses available safety equipment. COST CONSCIOUSNESS - the employee considers efficient use of time, equipment, supplies and materials. Breaks/Lunch times. ATTENDANCE - The employee comes to work on time and does not use excessive leave. Timely notification is given to the supervisor prior to absences. COMMENDATIONS: RECOMMENDATIONS: This report is based on my observations, knowledge of employee’s performance and review of applicable information. It represents my best judgment of employee’s performance. Evaluator’s Signature Title Date EMPLOYEE COMMENT: I acknowledge that I have received a copy of this evaluation and have had an opportunity to discuss it with my supervisor. Employee Signature Date White - Personnel Yellow - Employee Pink - Evaluator 67 BUS DRIVERS AND AIDES SALARY SCHEDULE 2018-2019 BDSUB Substitute | aides | | Bus Drivers _| | oo ts | —— 12.70 | 95 | | | 3.20 | | 3.45 | | | 3.70 | | iT 14.20 | tas | | ta.70_| | 18.00 14.95 18.20 15.20 18.40 15.45 | 15.70 | | 1595 | ae 16.45 | 6.70 | 6.95 | | 19.80 17.20 20.00 17.45 20.20 17.70 68 S1 23.00 [so [| 23.20 Included in the workday, sixty (60) minutes per day shall be provided for normal bus maintenance, including pre and post trip inspections, and required reports. Additional responsibilities shall include scheduling maintenance and repairs with mechanics, completing required forms and reports, receiving training and daily cleaning of the bus interior. The washing of the exterior of the buses shall be carried out by hiring bus drivers who volunteer to provide this service for additional compensation at their normal rate of pay. One hour shall be allotted per bus for this service. When there are not enough bus drivers who volunteer to wash buses, then other individuals may be hired. For each of the two FTE week weeks and for a two week period at the beginning of the school year, each regular driver shall receive an additional One (1) adjustment in pay and a fifty ($50) stipend. On early release days, drivers shall receive extra compensation when the difference between their reporting and ending time exceeds their normal afternoon PIF time. Summer Program Bus Driver paid at regular hourly wage Longevity- Bus Drivers - Hourly Supplement for Service with the District: Slot LBD05 LBD10 LBD15 LBD20 5 Years 10 Years 15 Years 20 Years 0.15 0.25 0.25 0.25 0.15 0.40 0.65 0.90 Longevity- Bus Aides - Hourly Supplement for Service with the District: Slot LBDO5 LBD10 LBD15 LBD20 5 Years 10 Years 15 Years 20 Years 0.15 0.25 0.25 0.25 Cumulative Hourly 0.15 0.40 0.65 0.90 Supplements: Gas Attendant 118.00 Per Month Stipends: For any type service not listed on any salary schedule, per day $20.00 Completion of 40 hours of school bus driver training $250.00 Completion of six months service, an additional stipend of $500.00 69 A driver or aide who volunteers to perform medical services for a student with an emergency care plan who is assigned to their route shall be paid $300.00 per year. Substitute drivers and aides shall be paid a flat rate of $1.50 per day for covering a route that has a student with an emergency care plan assigned. Annual driver and aide training and agreement to provide medical services shall be documented on an Emergency Care Plan Notification Cover Letter (Appendix G). The student assignment and provisions contained herein shall be listed on the annual route bid sheet at the annual bidding. Extracurricular Trips: Current drivers or mechanics who take field trips shall receive their normal hourly wage and an additional $1.00 per hour for all duty hours of the field trip including their normal PIF hours. Meal provisions shall be according to contract. Area Coordinator: The Transportation Area Coordinator assigned to Sugarloaf transportation, Middle Keys transportation and Upper Keys transportation shall be paid 8 hours per day. Additionally the Area Coordinator will be allowed to work two additional hours per workday at time and one-half for 180 student days to compensate for additional duties as assigned. Duties are specified in the job description. Area Coordinators shall not bid on a route while serving as the Transportation Department Area Coordinator. ALL DRIVERS OF SCHOOL BUSES MUST HAVE A VALID BUS DRIVER'S LICENSE (STATE) AND INSURANCE. 70 MAINTENANCE, TRANSPORTATION AND WAREHOUSE DEPARTMENTS SALARY SCHEDULE 2018-2019 RANK i CLASSIFICATION Mechanic Helper (Maintenance Department), Groundskeeper and Warehouseman/Delivery Clerk Mechanic Helper (Transportation) and Storekeeper Labor Foreman Mechanics: Automotive, Body & Fender, Carpenters, Painters, and Plumbers Electricians and Refrigeration (HVAC) Lead Mechanic, Service Manager, and Grounds Supervisor M4s MS5S M6S Mss Mg9s M10B Rank 4 Rank 5 Rank 6 Rank 8 Rank 9 Rank 10 71 O01 21.48 21.69 22.38 24.59 25.56 32.18 oz | 2173 [ | 2194 | | 2263 | | 2424 | | ba Pee os P2 25.34 at | 2248 [ | 2269 | | 23.38 | | 25.59 | | a2 | 22.73 | | 2294 | | 23.63 | [| 254 |_| Longevity- Maintenance and Transportation - Hourly Supplement for Service with the District: Slot L8HOS L8H10 L8H15 L8H20 5 Years 10 Years 15 Years 20 Years $0.25 Cumulative $0.90 Daily and hourly rates of pay are calculated for all employees. These rates are used when persons are employed within a position for more or less then its normal designated time. Hourly Rate x Hours worked per day x Days worked per year = Annual Salary 72 SCHOOL FOOD SERVICE SALARY SCHEDULE 2018-2019 Slot exp F1SOOH Rank 1 Substitutes F2S00-F2S10 Rank 2 Assistants Food Service Worker **K F3S00-F3S10 Rank 3 F5S00-F5S10 Rank 5 Food Service Workers* | Rank1 _| | Al 11.83 13.64 A2 ; 12.03 13.84 B1 B2 C1 C2 | | | izes | | sacs D1 | | [1303 | | aa D2 — Z 13.23 15.04 E1 13.43 15.24 E2 | | [1363 | | ts.4a | FA | | | 13.83 | | 15.64 F2 G1 G2 H1 | | | aes | | tea H2 | | [ 4e3 | | toca 1 — Z 15.03 16.84 12 15.23 17.04 in | | [saa | | aa J2 | | | is.63 | | tag K1 K2 Ld 2 | | | 643 | | ts.24 Ma | | [| 1663 | | taaa | m2 | | | i683 | | is.64 N41 N2 O1 02 | | | izes | | tg. P1 17.83 19.64 17.66 18.03 19.84 * Employees hired after January 1, 2015 will be hired as Rank 3 Food Service Workers (FSW) replacing titles of Assistants and Cashiers/Drivers. ** Employees hired before January 1, 2015 as Assistants will annually have the option of becoming a FSW, Rank 3 or remain as an Assitant (Rank 2) as documented by personal election. Employees are authorized no more than 190 days per year unless specifically authorized in each case. Longevity- School Food Service - Hourly Supplement for Service with the District: Slot LHSO5S LHS10 LHS15 LHS20 5 Years 10 Years 15 Years 20 Years 0.15 0.25 0.25 0.25 Cumulative Hourly 0.15 0.40 0.65 0.90 74 DISTRICT SCHOOL BOARD OF MONROE COUNTY AWARDS AND INCENTIVES INCENTIVE PAYMENT FOR ATTENDANCE (Per Semester) $250.00 EMPLOYEE RECOGNITION PROGRAM Teachers-of-the-Year (10 Employees) $500.00 District Teacher-of-the-year $1,000.00 First Year Teacher (10 Employees) $100.00 School Inclusion Teacher (10 Employees) $100.00 District Inclusion Teacher $250.00 Outstanding Assistant Principal of the year (1 Employees) $250.00 Outstanding Principal of the year (1 Employees) $250.00 Outstanding Management/Instructional Employee $250.00 Clerical/Office Group (1 Employees) $250.00 Custodial Group (1 Employees) $250.00 Transportation Group (1 Employees) $250.00 Food Service Group (1 Employees) $250.00 Maintenance Group (1 Employees) $250.00 Teacher Support Group (1 Employees) $250.00 District School-Related Employee-of-the Year $500.00 75 Appendix G Monroe County School District and United Teachers of Monroe Emergency Care Plan Notification Cover Letter — Exceptional Student Services Bus Driver/Bus Aides Monroe County School District and United Teachers of Monroe Emergency Care Plan Notification Cover Letter — Exceptional Student Services Bus Driver/Bus Aides *#** ASSISTING WITH HEALTH CARE RELATED SERVICES TO STUDENTS IS VOLUNTARY**** If you are willing to assist with health related services for ; please review the Emergency Care Plan, sign below and return to the Area Coordinator. Otherwise, please return the Emergency Care Plan and the unsigned cover letter to the Area Coordinator. This is confidential information and must be kept in a place where others are not able to read it. Anything in it may not be shared by you to others without direction from the Supervisor of Transportation or permission from the parent. Substitutes may need to know some of this information to care for students with a medical condition. It is best to tell substitutes generic information and keep it as simple as possible. As with all Emergency Care Plans, please know your role in caring for the student before the student will need your assistance. Again, this is confidential information and it must only be shared on an as-needed basis to care for the student listed above. These Emergency Care Plans should be returned to the Area Coordinator at the end of the school year. Please ask the Area Coordinator or the nurse on campus any questions you may have concerning this emergency care plan. Sincerely, I understand the attached Emergency Care Plan for (student's name) and my role in caring for this child. If I have further questions, I will talk with the Area Coordinator or the nurse on campus. I understand the attached Emergency Care Plan for (student’s name) , but I would like some questions answered and/or go over the protocols stated on the Emergency Care Plan and what my role is. Bus Driver/ Aide Signature Date Sign after training has occurred (within ten (10) working days). Human Resources Department Employee Date F.S. 1006.062(2) There shall be no liability for civil damages as a result of the administration of the medication when the person administering the medication acts as an ordinarily reasonably prudent person who would have acted under the same or similar circumstances. 76 Appendix H Memorandum of Understanding between the Monroe County School District and the United Teachers of Monroe representing School Related Personnel Whereas, the Monroe County School District (MCSD) and the United Teachers of Monroe (UTM) representing School Related Personnel (SRP) mutually desire to develop performance based employee evaluations that are based upon measurable outcomes and metrics; Whereas, it was mutually agreed by MCSD and UTM to develop a performance based evaluation for at least one of the SRP employee groups during the 2016-2017 and 2017-2018 school year, but this desired goal was not met; and Whereas, it is mutually agreed that a more formal document and timeline will facilitate this process moving forward as desired for the 2018-2019 school year. It is hereby agreed as follows; e A joint committee, consisting of a minimum of two members from MCSD and two members from UTM shall be formed for the purpose of developing a performance based employee evaluation instrument for at least one SRP group during the 2018-2019 school year. If desired by the original committee members the joint committee membership may be expanded but shall consist of an equal number of members representing MCSD and UTM. e The initial joint committee shall be formed and shall meet at least one time prior to October 1, 2018. e The joint committee shall identify at least one SRP employee group for which a performance based evaluation instrument will be developed, to include objective and measurable outcomes and metrics. e The joint committee shall submit a progress report to the Superintendent of MCSD and the President of UTM on or before February 1, 2019. e The joint committee shall submit a final report to the Superintendent of MCSD and the President of UTM on or before June 1, 2019. e The recommendations of the joint committee will be reviewed and considered by the negotiations team of MCSD and UTM for incorporation into the 2019-2021 SRP contract. 77 Appendix I 78 EXHIBIT B-1 Monroe County School Board To: h. Nae Aen. ee no {Employee Name) From: da wey ae Si (Manager/Assistant Manager Name) Date: fi f-/7 Subject: Circle One: véebal Warning (1* offensé}or Written Reprimand (repeat offense) This is an official (circle one) Verbal / Written reprimand for: Failure to complete assigned job duties -~_ Failure to follow instructions Insubordination Other: Describe incident: /-7'-/7 (Use additional pages If needed) iM nedwe ee regerf$.n € wes MnStosde r te deg to shang s re pet Pea yerrg ann ea, tately ; | am reminding you, with this (circle onefverbay/written reprimand, of the importance of Lx pacdreg Ajanta ds ty & Your failure to f creates an additional burden for other members of your work group. In addi , productivity, and morale of your work group. Describe corrective measures required: Ke rt patariee pm meds fe be (Use additional pages if needed) If you feel additional job training is necessary for you to complete your job functions according to expectations, please request the training. It is expected this issue will not occur again. Further occurrences such as this may result in subsequent warnings, reprimands, and/or dismissal. Employee acknowledgement: | acknowledge receipt of this written reprimand but not necessarily agreement with its content. ! understand a copy of this written reprimand will be placed in my official personnel file and | have the right to prepare a letter of rebuttal to be ke to,the written-reprimand. | ™s mployee Signature Dat Witness Date EXHIBIT B-2 Monroe County School Board To: is of € Bei era (Employee Name) From: Dau Te Gee! (Manager/Assistant Manager Name) Date: A-22-14 — Subject: Circle One: Verbal Warning (1* offense) orWr Written apitenand (repeat offense) This is an official (circle one) Verbal / Written reprimand tor: Failure to complete assigned Job Job duties Failure to follow instructions {nsubordination Other: Describe incident: ! v4 reminding you, with this (circle one) verbal/gfitten repsnand ot ‘of the importance ll cae A “A € 4 Pose Your failure to 4 Marat a strwe Fron an d Lif. rtan in fine rnadd, creates an additional burden for other members of your work group. in addition, it impairs the efficiency, productivity, and morale of your work group. Describe corrective measures required: low _tunshewetars and repyr ‘allay (Use additional pages if needed) if you feel additional job training Is necessary for you to complete your job functions according to expectations, please request the training. it is expected this issue will not occur again. Further occurrences such as this may result in subsequent warnings, reprimands, and/or dismissal. Employee acknowledgement: { acknowledge receipt of this written reprimand but not necessarily agreement with its content. | understand a copy of this written reprimand will be placed in my official personnel file and | have the right to prepare a letter of rebuttal to be written reprimand. Date Witness Date EXHIBIT B-3 Members of the Board District # 1 BOBBY HIGHSMITH Chairman MARK T. PORTER Superintendent of Schools District # 2 ANDY GRIFFITHS District # 3 MINDY CONN Vice-Chairman District # 4 JOHN R. DICK District # 5 SUE WOLTANSKI June 12, 2019 VIA E-MAIL AND CERTIFIED MAIL Rosemaria Acierno 87200 Overseas Hwy. Islamorada, FL 33036 Dear Ms. Acierno, This letter is to advise you of the District’s investigative findings pertaining to the formal complaint lodged by Dawn Tucci, Coral Shores High School Cafeteria Manager. The complaint was made in reference to several allegations discussed during our meeting for the record on May 14, 2019. Meetings have been held with interested parties involved herein, either named in the initial complaint or discovered during the investigation. Summary of findings: e During the week of April 22, 2019, you used another employee’s register for a transaction despite being instructed not to use anyone else’s register. e When given directions, you frequently do no perform the tasks requested of you You have the right to provide rebuttal testimony, documentation and witnesses. If you wish to provide any such information prior to the close of this investigation, please share it with me on or before Monday, August 12, 2019. The Monroe County School District takes incidents as alleged in this instance very seriously. After August 12, 2019, the investigation will be concluded and a determination will be made if there is probable cause to proceed further with disciplinary action. Respectfully, Effie Jackson Program Specialist, Food Service cc: HR UTM Dr. Ramon M. Dawkins, Executive Director, Human Resources Monroe County School District 241 Trumbo Road « Key West, FL 33040 = Tel: (305) 293-1400 ext. 53330 = Fax: (305) 293-1429 www.KeysSchools.com EXHIBIT B-4 To: From: Date: Subject: This is a xX Monroe County School Board Food and Nutrition Services Rose Acierno Jim Faggione, Director 9/20/2019 Verbal Warning n official verbal reprimand for: Failure to complete assigned job duties Failure to follow instructions __xX Insubordination Other: Describe incidents: 1) On or about Tuesday, September 16" you were observed serving components of the meal that were not compliant with the minimum standards of the USDA National School Lunch Program. Specifically, you served a large number of students only 4 chicken nuggets, one short of the required five. When your Manager asked you about this you indicated that you knew that you served meals that were non-compliant but had no answer as to why you did not follow the proper portion size. During that conversation you were also admonished for using a pot holder to directly arrange food in a serving pan. When instructed that this was considered a food safety issue, you responded with a comment (paraphrasing) that as least you did not use a finger. There have been numerous complaints to management that you have been communicating your displeasure with your Manager, your position, and co-workers to other co-workers. These comments have contributed to a conflicted workplace atmosphere, as communicated to management on multiple occasions. lam reminding you, with this verbal reprimand, of the importance of: 1) Following the proper portion sizes for meal service. Your failure to follow the proper serving sizes may result in a liability for the department. Reimbursement from the USDA is based on our adherence to the minimum portion sizes. Claiming meals that do not follow these portion sizes is considered fraud and could result in a loss of reimbursement and/or dismissal from the program. You are expected to follow service of the proper portion sizes. If you have any questions regarding portion sizes, please reach out to your Manager prior to service. Following proper food safety protocols. Using a pot holder to arrange food in a service pan could potentially have led to a compromise in the safety of the food served. Our students expect to be served in a safe manner. You are expected to follow all the food safety protocols when handling, preparing, serving, and storing of food. Please reach out to your Manager if you have any questions. 3) Contributing to the harmonious and collaborative workplace. If you have issues related to your work, please reach out to your Manger directly. If you experience an issue with your Manager, please ask for an appropriate time to discuss this with your Manager in a confidential setting. If you do not feel comfortable meeting with your Manager to discuss a particular issue, reach out to either your Program Specialist or Director. Understand, however, that your Program Specialist and/or Director will want to engage you and your Manager at some point. It’s imperative that the Manager be part of any issue in their location...as it is their responsibility for the effective operation of their unit. In the event you do not feel comfortable communicating at any of these levels, you have the opportunity to reach out the Human Resources directly. Your failure to follow the portion sizes for service, follow proper food safety handling procedures, and sharing your displeasure about your work and Manager with co-workers during working hours creates an additional burden for other members of your work group. In addition, it impairs the efficiency, productivity, and morale of your work group. If you feel additional job training is necessary for you to complete your job functions according to expectations, please request the training. It is expected this issue will not occur again. Further occurrences such as this may result in subsequent warnings, reprimands, and/or dismissal. Employee acknowledgement: | acknowledge receipt of this written reprimand but not necessarily agreement with its content. | understand a copy of this written reprimand will be placed in my official personnel file and | have the right to prepare a letter of rebuttal to be attached to the written reprimand. Employee’s Signature Date Supervisor’s Signature Date Witness’s Signature Date EXHIBIT B-5 Members of the Board District #1 BOBBY HIGHSMITH Chairman MARK T. PORTER Superintendent of Schools District # 2 ANDY GRIFFITHS District # 3 MINDY CONN Vice-Chairman District # 4 JOHN R. DICK District # 5 SUE WOLTANSKI October 8, 2019 Rosemaria Acierno 87200 Overseas Hwy. Islamorada, FL 33036 Dear Ms. Acierno, Thank you for being a part of the Food Services team. With that, please be advised of the following items. Dawn Tucci has observed your performance for over a year. A formal evaluation meeting was held with you on April 12, 2019. Following subsequent performance monitoring and repeated coaching efforts which proved unsuccessful, an additional meeting was held with you on September 20, 2019. At this meeting, it was discussed that expectations for your continued improvement during the subsequent year remain unmet. I commend your effort. However, there are lingering performance issues that persist. Therefore, this professional development plan has been established to help you succeed. Please note your goals for the year as detailed below: 1. Work with minimum supervision and meet deadlines. There are several incidents where you did not understand and follow directions given to you before meal service. As it relates to serving the correct portion sizes, you were found to be offering students meals that did not meet the minimum USDA standards, only moments after a pre-service meeting in which your supervisor reviewed the menu for the day with you. a. Expectations: — Follow directions and guidance offered by your supervisor and ask for assistance if you are not sure of a procedure. 2. Cooperate with other personnel when performing duties and responsibilities. Co-workers have shared concerns about your comments to them about your supervisor during work hours. These comments contribute to an uncooperative and challenging workplace. a. Expectations: - Concerns about your supervisor should be conveyed to your supervisor in a confidential and time-appropriate manner. If you feel uncomfortable communicating an issue with your supervisor, please reach out to either the Food Service Office or Human Resources. 3. Assume responsibility and use sound judgement within the scope of your assigned duties. There have been numerous incidences in which you failed to make sound, logical decisions related to your scope of work, including arranging food for service with a potholder. Using a potholder to touch and arrange food will contaminate the food which must then be discarded. 241 Trumbo Road e Key West, FL 33040 Tel. (305) 293-1400 « Fax (305) 293-1408 www.KeysSchools.com Monroe County School District Page 2 of 2 a. Expectations: Be thoughtful and deliberate when considering the proper methods to handle food. 4. Ensure safe work habits. There are several recent instances where you did not follow procedures, and engaged in unsanitary practices such as not wiping cans before opening them and touching your hair near food without washing your hands afterward. a. Expectations: Follow all ServSafe practices. 5. Dress in a way that does not disrupt the educational process nor cause a health or safety hazard. On Monday, September 30: 2019, your supervisor needed to address your attire, specifically your shorts. Your shorts were deemed to be inappropriate for work and you were asked to have someone bring your appropriate clothing. You obliged as directed. a. Expectations: Follow the dress code in the employee handbook at all times. Ask your supervisor if you have specific questions about the dress code. 6. Be cost conscious with the use of time, equipment, supplies and materials. We have had to remind you numerous times to not serve any food to students if they do not request it. You had developed a habit of giving students portions of the meal that they did not request. This is a waste of food and costs the department money. a. Expectations: Our expectation is that you serve to students only the food components they request. Your overall performance as a Food Service Worker needs improvement. Using the expectations and goals indicated in this letter, | expect immediate, continuous and sustained improvement. Please be advised an additional evaluation will be conducted by November 8, 2019 to track your progress and offer support for your improvement and growth. Throughout the next several months, we are ready to provide any assistance that you require to support increased initiative, work effectiveness, decision making and overall organizational skills development. And, should you need additional clarification or should you have questions, please advise your cafeteria manager. We look forward to your future successes. Respectfully, Jim Faggione Director Food Service ployee Signature/Date EXHIBIT B-6 Members of the Board District # 1 BOBBY HIGHSMITH Chairman MARK T. PORTER Superintendent of Schools District # 2 ANDY GRIFFITHS District # 3 MINDY CONN Vice-Chairman District # 4 JOHN R. DICK District # 5 SUE WOLTANSKI THY me, se ALTH eats 35 & Monroe county senoot DHA October 30, 2019 Rosemaria Acierno 87200 Overseas Hwy. Islamorada, FL 33036 Dear Ms. Acierno, This letter is a follow-up with respect to the professional development plan we put in place October 15, 2019. If you recall during that meeting we discussed in detail the issues related to your performance and our willingness to provide you with a determined period of time to show improvement. To this point we have concerns regarding some aspects of that plan that you still struggle to improve upon. Specifically: 1. Work with minimum supervision and meet deadlines. There are several incidents where you did not understand and follow directions given to you before meal service. As it relates to serving the correct portion sizes, you were found to be offering students meals that did not meet the minimum USDA standards. a. Expectations: — Follow directions and guidance offered by your supervisor and ask for assistance if you are not sure of a procedure. Update: On Thursday, October 24, 2019, the food service team was told during the pre-service meeting that cheese was only to go with hamburgers, not the chicken patties. If a student asks for cheese to be added to their chicken selection, it may be offered as an additional item, but it is not to be given as an option automatically. During service, six students who selected chicken patties were observed with cheese on their tray. The cashier, in following proper offer versus serve protocols, checked them at the POS to ensure that they requested cheese (as they would incur an additional cost for the cheese). They indicated that they were not given the option of selecting the cheese, but rather you added it to their meal automatically. 241 Trumbo Road e Key West, FL 33040 Tel. (305) 293-1400 « Fax (305) 293-1408 www.KeysSchools.com Monroe County School District Page 2 of 2 On Monday, October 21, 2019, you were observed serving the wrong portion size of gravy, despite clear instructions to all team members during the preservice meeting reviewing all portion sizes. You also failed to serve sauce with the cheese sticks on the menu. You had to be redirected to correct these mistakes. On Tuesday, October 15, 2019, you were observed serving 4 cheese sticks to students, despite the information shared at the preservice meeting in which instructions were given to provide 5 sticks per portion. When you were asked about this you then began offering 5 sticks with every order. Any student meal that included 4 cheese sticks was not a reimbursable meal and we were in violation of the nutritional standards set forth in the National School Lunch Program. Ensure safe work habits. There are several recent instances where you did not follow procedures, and engaged in unsanitary practices. a. Expectations: Follow all ServSafe practices. Update: On Wednesday, October 23, 2019, you failed to keep a mop and mop bucket clear of the serving area during service. Food service contamination and safety issues may have been a result of this action. You have been trained to keep all cleaning chemicals and equipment clear of the service line during service. Assume responsibility and use sound judgement within the scope of your assigned duties. There have been numerous incidences in which you failed to make sound, logical decisions related to your scope of work. a. Expectations: Be thoughtful and deliberate when considering the proper methods to handle food. Update: On Wednesday, October 23, 2019, you failed to keep your service line sufficiently stocked during meal service. You even went so far as to tell coworkers that you did not have time to assist with any prep work because you needed to keep your line refreshed. Cooperate with other personnel when performing duties and responsibilities. Update: On Tuesday, October 15, 2019, shortly after we met and I shared the professional development plan with you, you were observed by coworkers slamming serving pans and other food service equipment around your work area. This type of behavior contributes to a stressful and unsafe workplace environment. As I mentioned in the professional development plan, your overall performance as a Food Service Worker needs improvement. Using the expectations and goals indicated in this letter, | expect immediate improvement. Please be advised an additional evaluation will be conducted by November 6, 2019. Failure to demonstrate immediate improvement by November 6, 2019 will result in further disciplinary action up to and including termination. Respectfully, Jim Faggione Director Food Service Supe r’s Signature/Dat Employee Signature/Date EXHIBIT C-1 Members of the Board District # 3 MINDY CONN Chairperson MARK T. PORTER Superintendent of Schools District #4 JOHN DICK Vice-Chairperson District # 1 BOBBY HIGHSMITH District # 2 ANDY GRIFFITHS District # 5 DR. SUE WOLTANSKI HY: wehlTAy, Py Oe SN Moor county shot DSH December 2, 2019 Rosemaria Acierno 87200 Overseas Hwy. Islamorada, FL 33036 Dear Ms. Acierno, As a result of the lingering performance issues that persist despite numerous attempts to correct these issues through professional counseling, you are hereby notified that the Superintendent has suspended you without pay effective Tuesday, December 3, 2019 pursuant to Monroe County School Board Policies 4120 — Employment, Discipline, and/or Termination of Instructional Support Personnel, 4139.01 — Staff Discipline and 4200 — Ethical and Responsible Conduct. This suspension will be up to and including the School Board meeting being held on Tuesday, December 19, 2019. At that meeting, the Superintendent will recommend to the School Board that you be terminated from employment with the Monroe County School District School District. You have the right to be present at this meeting and present to the School Board any information you feel is pertinent to the recommendation for termination. If you wish to obtain a transcript of the proceedings, you may do so at your own expense. Additionally, should you elect this option, you have 15 calendar days to request in writing a hearing on the matter of this “For Cause” release. If you do not request such a hearing, the right to the hearing will be waived. Please be advised that during your period of suspension, you are prohibited from entering school campus properties and it is necessary that you submit your badge and keys to the department of 241 Trumbo Road e Key West, FL 33040 Tel. (305) 293-1400 « Fax (305) 293-1408 www.KeysSchools.com Monroe County School District Page 2 of 2 Human Resources. Any further communications with the School District are to be made exclusively through me. Respectfully, Jim Faggione Director Food Service ‘or’s Signature/Date Employee Signature/Date ReRsed 4 signs EXHIBIT C-2

Docket for Case No: 19-006778