District: Logan City School District in the State of Utah.

Board: Board of Education of the Logan City School District in the State of Utah.

Education Employee Association (hereafter Association): a formalized professional organization representing its employee classification.

Superintendent: Superintendent of Schools of the Logan City School District in the State of Utah.

Non-exempt: Education Support Professionals who, because of the type of duties performed, are subject to all Fair Labor Standards Act (FLSA) provisions. Non-exempt Employees account for hours and fractional hours worked and are entitled to FLSA overtime provisions as outlined in §4-5.

Non-exempt Education Support Professionals shall be defined as:

Exempt: Education Support Professionals who, because of their positional duties and responsibilities, are exempt from the overtime provisions of FLSA.

FLSA exempt Education Support Professionals are full-time and may be provisional or career and are covered by the terms of this agreement. Such positions include, but are not limited to: Accountant, Foundation Director, Manager-Maintenance, Manager-Child Nutrition Services, School Nurse, Manager-Data Systems, Manager-Network, and Occupational Therapist.

Days: calendar days except where otherwise noted.

School year: the period of time from the first day of the contract year in the fall through the final day of the contract year in the spring as established by the official school calendar.

Seniority: length of continuous service as a Part-time or Full-time Education Support Professional in the Logan City School District (in equivalent full-time years) from the date of the Employee's signed contract. Service as a Substitute, Seasonal, or Part-time/Temporary Education Support Professional in the District shall not be considered when calculating seniority.

Grievance: written or oral statement of a perceived violation or misinterpretation of the terms, meaning, or application of an Employee's contract, negotiated agreement, board policy decisions, or legal statute. It is expressly understood that a claim based upon an event or condition which does not fall within this definition shall not constitute a grievance.

Grievant: an Employee or group of Employees or their representative organization (Association) filing a grievance.

This Agreement shall be deemed to be a part of each individual Employee's contract.

The Board shall continue its policy of not discriminating against any Employee on the basis of race, creed, color, national origin, sex, marital status, or membership in any educational organization.

Employees have the right to join any lawful organization for their professional or economic improvement and for the advancement of public education.

The Association shall have the right to request that particular matters within its area of interest be placed on an agenda for official board meetings, and the Board shall notify the president of the Association or designee with respect to the placement of such items on a particular agenda and of the action taken. The Superintendent shall provide the Association with the agenda to be considered.

No change, revision, alteration, or modification of this agreement in whole or in part shall be valid unless the same is ratified by both the Board and the endorsed in writing hereon.

This agreement shall be governed and construed according to the constitution and the laws of the State of Utah.

The Board and the Association recognize that the Board has certain powers, discretions, and duties that under the constitution and laws of the State of Utah may not be delegated, limited, or abrogated by agreement with any party. Accordingly, any provision of these policies, or any application of the same to any Employee covered hereby shall have effect only to the extent permitted by law; but all other provisions or applications of these policies shall continue in full force and effect.

It shall be the right of the Employees to join any local group representation and/or Employee association. It shall further be the right of Employees to have affiliation with the membership in the state association of classified school Employees, the association known as Utah School Employees Association, and affiliated national groups. Employees may request counsel and/or representation from the state association of Education Support Professionals.

The Board agrees to recognize the education employee association with the greatest number of members, for its employee classification, as the exclusive representative of all members of the employee classification upon being furnished with satisfactory evidence that the largest number of employees within the classification have designated or selected it as their representative.

Upon receipt of a signed statement from an Employee, the public employer shall deduct a specified sum not to exceed three (3) percent per month of the Employee's wages and the public employer shall pay the specified amount to an association designated by the Employee. This assignment of wages by the Employee may be terminated at any time by the Employee by providing written notice to the public employer.

No deductions contrary to Utah Law may be made, nor may any deductions be processed by the public employer for the benefit of any political candidate or campaign committee, political action committee, political fund sponsored by a labor organization, or any entity established by a labor organization to solicit, collect, or distribute monies primarily for political purposes.

Procedural guidelines in §3-3 are followed during the negotiations process, when both teams have been fully authorized by their respective Board or Association to act in good faith and make proposals, counter proposals and to reach tentative agreements.

Agreements arrived at in the negotiating process and signed remain tentative* pending completion of an agreement on the entire package. A recommendation is drawn from these tentative agreements and presented to the Board and the Association for ratification.

*Meaning an item that has been agreed upon and signed may be recalled by either or both parties and re-entered into negotiation when the item under consideration parallels the first item in subject, content, and/or meaning.

Negotiation teams, for both the Association and the Board, are fully authorized by their respective constituents to act in good faith in reaching tentative agreements through Interest-Based Negotiation. Both teams commit to enhance bargaining outcomes without impairing the parties' relationship by utilizing Interest-based Problem Solving. The essence of this process is information-sharing, creative exploration, and working toward mutually beneficial solutions. During decision making, both parties have equal voice.

Any and all information discussed in closed session negotiations may be released to the public and/or news media only through prepared releases mutually agreed upon by both negotiating parties.

Negotiations are conducted at times and places mutually agreeable to the negotiators named by each party.

The Board negotiating team is comprised of individuals designated by the Board. The classified negotiating team is comprised of members of the Association. Either party may utilize the services of an outside consultant to assist in negotiations.

Either team may caucus if deemed necessary, but a caucus session is not to exceed ten (10) minutes without notifying the other team.

The agenda for the next negotiating session is set at the end of each meeting.

Tentative agreements of the just completed meeting are read, corrected, and approved for content. The minutes are then re-read and approved at the beginning of the next scheduled meeting.

Agreements reached through the aforementioned procedure shall be reduced to writing and shall be presented for approval by the Board and the Association and shall be signed by the properly designated officers of the Board and the Association.

All Conditions of employment shall abide by Chapter 3, Title 52 of the Utah Code Annotated (1953). Failure to abide by outlined conditions may result in corrective discipline.

Employees' yearly authorized work hours and days are determined by the District. Anticipated work hours and days are listed in Addendum A.

The immediate supervisor or principal schedules work hours and days for Employees so that requirements of the department/school are best met.

Employees are limited to working authorized hours and work days.

Non-exempt Education Support Professionals must track time worked and report leave taken during the respective pay period using the time keeping system approved and furnished by the Board.

Duty free lunches are not counted as work time. Accordingly, lunch breaks are to be appropriately recorded as required in §4-3.

In accordance with FLSA, paid rest breaks for adult Employees are not provided; however, a rest break of at least ten (10) minutes for each consecutive three (3) hour period worked is required for Employees who are minors under the age of eighteen (18).

The work week shall be from 12:01 a.m. Saturday morning to 12:00 midnight Friday night.

Any work performed by a Non-exempt Employee beyond his/her authorized hours requires written preauthorization by the Employee's immediate supervisor and either the Business Administrator or Superintendent and must be compensated by the District.

Before beginning any over-authorized-time work, Non-exempt Employees and supervisors must agree whether the time will be covered by accumulating compensatory time or remuneration.

Time worked beyond forty (40) actual hours in any given work week shall be compensated at one point five (1.5) times the hourly rate or the non-exempt Employee shall receive compensatory time at the same rate. Time worked between thirty-five (35) and forty (40) actual hours in any given work week shall be compensated at the Employee's regular hourly wage.

Non-exempt Employees may not authorize their own overtime. Employees should not voluntarily perform, and are not expected to perform work duties or functions while "off the clock". Employees must report any improper requests to perform unpaid work directly to the Director of Human Resources.

Failure to comply with these overtime provisions may result in disciplinary action as set forth in Article 9 of this agreement.

Compensatory time requires written preauthorization by the Employee's immediate supervisor and either the Business Administrator or Superintendent and must be compensated by the District.

Although Federal law allows a higher accumulation of compensatory time, it is the policy of the District to limit the accumulation of compensatory time-off to a maximum of eighty (80) hours. Beyond that, all time worked will be paid.

Compensatory time should be taken during times that are mutually agreed upon by the Employee and the immediate supervisor.

Once an Employee has accumulated at least forty (40) hours of compensatory time-off, supervisors may schedule compensatory time-off for the Employee in full hour increments to prevent excessive accumulation.

An emergency response is defined as a situation that requires immediate attention as notified by the Police Department, the Fire Department, Logan Power, the Employee’s administrator, the District Maintenance Manager, or District Administration and which requires the Employee to make an additional commute to District premises.

An emergency response is compensated as follows:

Whenever a non-exempt Employee provides an emergency response, the Employee must provide email notification to his/her immediate supervisor/administrator within 24 hours of completion. Notice provided outside the 24-hour requirement is not compensable.

Upon receiving notification of an emergency response as described in §4-8-3, the Employee’s immediate supervisor/administrator enters into the time keeping system approved and furnished by the Board a minimum of two (2) hours or straight-time, whichever is greater.

The District may, as part of the employment period, provide in-service training at the discretion of Education Support Professionals’ supervisory personnel

Employees shall attend all meetings or in-service training called or designated by the Education Support Professionals’ supervisory personnel

Seasonal, Part-time/temporary, and Part-time Employees requesting a release from their contract shall provide ten (10) workings days’ prior written notice. Days of paid leave or days of absence without pay may not be applied toward the required ten (10) working days’ notice.

Full-time and/or Career Employees requesting a release from their contract shall provide ten (10) working days’ prior written notice or shall be assessed a breach of contract penalty of $250. Days of paid leave or days of absence without pay may not be applied toward the required ten (10) working days’ notice.

If an Employee intends to retire upon the conclusion of the present contract term, the Employee’s written statement of retirement must be received by the Department of Human Resources no later than the last business day in January of the present contract term.

Employees who intend to retire upon the conclusion of the present contract term, receive a $500 Early Declaration Award if the written statement of retirement is received by the Department of Human Resources by the last business day in December of the present contract term.

The District does not enter into or explore any type of contract services which displaces Education Support Professionals prior to the Association being informed and given an opportunity to work with the District to evaluate possible alternatives for the department to be more effective.

The salary schedule(s) negotiated by the Board and the Association shall be the only schedule(s) used for the current year.

Beginning July 1, 2014, future service as an Employee in the District will result in increment advancement on the salary schedule as negotiated annually.

When an Employee is promoted or reassigned to a position on a higher salary lane, the Employee shall be placed on the first step that results in a minimum five (5) percent increase.

If an Employee is reassigned for administrative reasons to a position on a lower salary lane, the Employee shall be held harmless in reference to wage, benefits, contract hours, and contract days. Nothing in this section shall supersede the annual negotiated agreement.

If, for personal reasons, an Employee requests and is granted a reassignment to a position on a lower salary lane, the Employee shall be placed in the appropriate lane and on the same step placement. For example: if, prior to the reassignment, the Employee was placed on Lane 11 Step D and the reassignment resulted in placement in Lane 8, the step placement would remain as Step D. Such placement has the potential of some negative financial effect.

If an Employee accepts an additional non-exempt Education Support Professional position, the Employee shall be placed in the appropriate lane of the additional position and on the same step placement as the Employee’s current position

If an Employee accepts seasonal employment, the Employee shall be placed in the appropriate lane and on the same step placement as the Employee’s current position.

Coaches/Advisors of extra-curricular activities are volunteer or at-will assignments (year-to-year assignments) and are not remunerated with an hourly wage. Such at-will assignments may receive a nominal stipend, where applicable, as approved by the Superintendent or designee, and in accordance with the applicable District coaches/advisor’s stipend lists.

Seasonal employment is temporary employment as defined in §1-1-6-2.

Seasonal employment shall be paid on the first step of the appropriate lane and no step advancement is provided regardless of prior seasonal or school-year employment.

Deductions from monthly salary checks may be made for such professional or mutual benefit organizations as authorized in writing by the Employee and agreed to by the Board. Federal income tax, retirement taxes and contributions, and any other amounts required by law or authorized by the Employee are deducted from the amount of the contract.

Education Support Professionals are paid monthly.

In the event funds for school operation and maintenance are made available during the year from State or Federal sources which are in excess of the amounts anticipated at the beginning of the year, the salary schedules may be revised and the amount of individual contracts adjusted in such manner as the Board and the Association may at the time determine.

Concerns about conditional factors or discrepancies that determine placement on the classified Employee's salary schedule must be filed with the Superintendent. The statute of limitations for filing a discrepancy is six (6) months from the date of such placement on the salary schedule.

Any salary error correction from the District has a statute of limitations of two (2) years.

Education Support Professionals shall be rewarded for consecutive years of successful service in the Logan City School District through Service Recognition awards as follows:

          15 years:      $ 1000
          20 years:      $1400
          25 years:      $1800

When a Non-Licensed Professional/Technical Employee, whose official job description expresses preference for or the requirement of a Bachelor’s Degree, completes a Master’s Degree from an accredited University or College of Higher Education, the Employee may apply for a Continuing Education Stipend.

An eligible Non-licensed Professional/Technical Employee who has earned a Master’s Degree must complete and submit to the Department of Human Resources a Continuing Education Stipend Application prior to the last working day of the month. It is the responsibility of the Employee to submit with the application an original official transcript showing the date the Master’s Degree was earned. Photocopies of transcripts are not accepted.

Approved stipend applications are processed and reflected in the Employee’s earning statement within six (6) to eight (8) weeks.

1. 5-10-3-1

   Approved Continuing Education Stipend Applications will result in a stipend of up to $3600, effective from the first working day of the month following the submission of all required materials in accordance with the Negotiated Agreement governing that fiscal year.
   
   

2. 5-10-3-2

   Stipend applications approved mid contract period are pro-rated for the remainder of the Employee’s current contract period. Subsequent contract periods and earnings thereafter reflect the full $3600 stipend.
   
   

Employees desiring a voluntary transfer or reassignment for the subsequent school year to a position in the same lane and which includes the same number of contract hours, contract days, and benefits shall make their specific request known by letter to Human Resources. Such a letter shall be handled confidentially and such a request considered at the time that openings occur in the desired positions. Such a request requires the Employee to participate in an interviewing process.

When responding to requests for a voluntary transfer or reassignment as outlined in §6-1-1, the convenience and wishes of the individual Employee shall be honored to the extent that they do not conflict with the position's essential functions and responsibilities or the best interest of the department, school, and/or District. If more than one Employee has requested a transfer to the same position, the Employee best qualified for the position, as determined through the interview process, shall be appointed.

Requests for a voluntary transfer or reassignment to a position in a different lane or which includes an increase in the number of contract hours, contract days, or benefits shall require an application and shall be addressed through the District's established hiring process and procedures.

The Board and the Association recognize that some involuntary transfers and reassignment of Employees from one position or location to another is necessary.

They also recognize that, under normal circumstances, involuntary transfer or reassignment of Employees should be held to a minimum; therefore, they agree as follows:

Beginning July 1, 2014, Education Support Professionals contracted to regularly work 28.75 or more hours per week in a single capacity are leave eligible.

If a contract term is not completed, all categories of leave are pro-rated according to the precent of the contract term completed.

Education Support Professionals contracted to work less than 28.75 hours per week are not eligible to receive any type of leave.

Education Support Professionals who began employment with the District prior to July 1, 2014, and who were contracted to regularly work in a position that was leave eligible at that time, continue to be leave eligible so long as employment continues in that same position. Should employment in that same position be resigned, retired, or terminated, leave benefit eligibility also terminates and accrued leave balances shall be paid out according to §7-4-11.

Absence of an Employee for named causes in Article 7 shall be reported accordingly and charged against leave allowance regardless of the employment of a substitute.

The District follows the Family and Medical Leave Act (FMLA), 29 U.S.C. §2601 and implementing regulations located at 29 C.F.R., §825 et seq. FMLA leave runs concurrent with any other district provided leave and is issued on a fiscal year (July 1 through June 30).

FMLA Definitions

FMLA Eligibility

Concurrent Leave and Leave Without Pay

Foreseeable Leave

Employer Notification

Spouses of Employees Employed by the District

Required Medical Certification

Employment and Benefit Protection

Other Provisions

End of School Year Procedures, Where Applicable

Leave eligible Employees with a contract between 225 and to 260 days are allowed twelve (12) days Sick Leave for absence due to personal illness or illness in the immediate family.

Leave eligible Employees with a contract less than 225 days are allowed ten (10) days Sick Leave for absence due to personal illness or illness in the immediate family.

If a leave eligible Employee is absent beyond the accumulated Sick Leave days, other accumulated paid leave shall be applied. If the Employee is absent beyond all days of accumulated leave, the absence is without pay as per §7-11.

Immediate Family

Once an Employee has used more than ten (10) days Sick Leave within a given year, medical certification may be required each day thereafter.

Recovery from any extended illness/disability extending to ten (10) working days or more requires the Employee to apply for FMLA and to provide certified medical verification. Every ten (10) working days thereafter, following the initial ten (10) days, requires an additional certified medical verification from a physician specifying the medical need for an extension. The Board may require, at their expense, a second opinion and verification of the medical need for an extension.

Credit for unused days of Sick Leave is allowed to accumulate to a maximum of 120 days. After Employees earn the 120 day maximum, they are allowed, in a given year, ten (10) days sick leave (non-accumulative) beyond the 120 day maximum.

An Employee is entitled to, upon written application to Human Resources, leave to be used for childbirth and recuperation. Accumulated compensated leave may be used for this purpose up to six (6) weeks immediately following the birth of the baby. If an Employee is absent beyond the accumulated Sick Leave days, other accumulated paid leave shall be applied. If the Employee is absent beyond accumulated leave, the absence is without pay as governed by §7-11. Complications in the course of a pregnancy or leave to care for an infant falls under the provisions of the FMLA (see §7-3).

An Employee who is pregnant may continue in active employment up to her certified delivery date provided she is able to properly perform her required functions as determined by the Employee, her physician, and the principal and/or supervisor.

An Employee adopting an infant child shall be entitled to use up to ten (10) days sick leave commencing with legal documentation of placement of the child in the Employee's home.

Sick Leave Payout

A Sick Leave Bank is established for leave eligible Employees to draw upon in the case of catastrophic illness. Catastrophic illness does not include all reasons for which an Employee might be eligible for FMLA leave, maternity leave, or other categories of leave.

Additional days of leave granted by the Sick Leave Bank Committee run concurrent with any FMLA leave for which the Employee may be eligible.

Eligibility

Participation

Application Process

If a leave eligible Employee's absence results from an on-the-job injury, and he/she receives reimbursement for lost wages from Worker's Compensation, the District may provide additional funding to equal the Employee's rate of pay; however, the first three days of absence are deducted from the Employee's sick leave.

Leave eligible Employees who wish to receive one-third of their wage to make up the difference between their full wage and the two-thirds of their wage paid by Workman's Compensation, must have sick leave available and must use one (1) hour sick leave for each hour of compensation made up by the District.

Upon the death of an immediate family member, Employees may be absent from their assignment for up to five (5) consecutive days. The immediate family is herein defined as in paragraph  7-4-4-1.

Leave may consist of two (2) days of District-paid bereavement, and up to an additional three (3) days from the Employee’s accumulated leave.

Two (2) days of District-paid bereavement leave are available for each qualifying event.

Vacation Leave is defined as leave with pay granted for the purpose of vacation and/or attendance to personal matters.

Vacation Leave may be taken during a time mutually agreed upon by the Employee and his/her immediate supervisor, with the following exceptions:

It is the responsibility of each Employee to arrange Vacation Leave no later than 8:00 am the day prior to the requested leave. Extended Vacation Leave should be arranged well in advance.

Leave eligible Employees with a contract less than 225 days receive four (4) days of annual paid Vacation Leave. Vacation Leave must be used each year by June 30, or up to three(3) days of unused Vacation Leave may be carried over to the next year, until a maximum of ten (10) days has been accrued.

Leave eligible Employees with a 225 to 260-day contract receive fourteen (14) days of annual paid Vacation Leave. Vacation Leave must used each year by June 30, or up to three (3) days of unused Vacation Leave may be carried over to the next year, until a maximum of seventeen (17) days has been accrued.

No reimbursement is given for unused days of Vacation Leave

Beginning July 1, 2019, leave eligible Employees with a 260-day contract are away from their jobs on the following ten (10) national and state holidays:

Beginning July 1, 2019 the followling days are no longer paid holidays:

Employees with a 260-day contract work the District's scheduled Fall Break, unless an Employees utilizes leave as provided in Article 7.

An Employee must submit a letter Human Resources requesting jury duty leave with accompanying documentation of required service.

Jury duty is not paid leave unless the Employee is leave eligible and remits his/her jury duty payment to the District. If the Employee accepts payment for jury duty service, the Employee must report personal or vaction leave for each day of compensated jury duty service.

Absence Beyond Available Leave is only to be taken when vacation leave is exhausted.

Absence Beyond Available Leave requires prior written authorization of the Superintendent or designee or 24-hours post factum of an emergency situation. Requests for Absence Beyond Available Leave must detail the reason for the request and the number of days being requested.

The utilization of Absence Beyond Available Leave requires the following:

Absence Beyond Available Leave may be addressed through corrective discipline

An individual Employee shall have the right to present grievances, with or without representation by an Association per the grievance procedure provided. Nothing in this statement shall be so construed as to deprive any individual of his rights under the Utah Right to Work Law, nor his rights as set forth in Title IV of the Civil Rights Act or provisions that may be applicable to public Employees under §34-19-1 through 13 and §34-20-1 through 13, Utah Code Annotated, 1953, as subsequently amended.

The purpose of this process is to secure, at the lowest possible administrative level, equitable solutions to grievances which may arise. Both parties agree that these proceedings shall be kept informal, confidential, and shall cooperate and act in good faith to resolve the grievance.

This procedure is to provide all Employees equitable solutions for alleged violations, misinterpretations, or inequitable applications of local school district policies or practices relative to provisions of Federal anti-discrimination legislation.

The Board recognizes that each Employee has the right to use any appropriate channels of communication through which a grievance may be presented, reviewed, and equitably resolved within a specified period of time.

Employees are entitled to due process by having their grievance reviewed by higher authority without fear of retribution, reprisal, or recrimination as a result of having presented a grievance or having been a party of interest in the grievance procedure.

Employees have the right to self-representation or are entitled to be represented by the party(ies) association representative, or legal counsel, if desired. Twenty-four (24) hour advanced notice is required if either party intends to have representation or legal counsel in attendance.

The grievance procedure shall be kept confidential and all documents, communication, and records relating thereto are maintained in a separate grievance file.

If a meeting to process a grievance is scheduled during the normal working day, the Employee and all district participants suffer no loss in pay.

The number of days specified in this procedure may be extended by mutual agreement between the Board and the grievant or their designee.

Nothing in this procedure shall be construed to limit the right of the Board or the grievant to appeal to an appropriate court of law.

Step One - Oral Grievance

Step Two - Written Grievance

Step Three - Appeal of Written Grievance

Step Four - Impartial Third-Party Hearing

Legal Authority

Dismissal/Termination of Employee's Contract for Cause-Procedures [See UCA §53G-11-513]

Nonrenewal or Dismissal/Termination of a Career Employee's Contract for Unsatisfactory Performance-Procedure [See UCA §53G-11-501(16)]

Employees contracted to regularly work thirty (30) or more, but less than forty (40) hours per week, receive single coverage as provided by the Board. Further insurance is available to the Employee with the Employee paying the additional premiums.

Employees contracted to regularly work forty (40) hours per week receive single, couple, or family coverage as applicable and as provided by the Board.

Employees contracted to work less than thirty (30) hours per week do not receive insurance benefits of any type.

Coverage under the health insurance plan for all eligible participants becomes effective on the first day of the calendar month next following the date the Employee commences active employment. The Employee must complete proper application forms prior to the effective date.

Employees eligible for Medicare are encouraged to enroll in the Federal Medicare program ninety (90) days prior to their becoming eligible. Employees eligible for Medicare and their spouse may, at their option, continue to be carried on the District sponsored Health and Accident Policy under the program recommended by the current insurance carrier.

Coverage for any member of the program ceases at the end of the month in which they become ineligible or their employment is terminated.

It is the responsibility of Employees covered by the group insurance plan of the District to immediately notify the District Office of any changes in their eligibility status or their dependents. Employees are held financially responsible to repay any loss in premium payments suffered by the District due to their negligence.

The Board pays the full premium for long-term disability insurance provided for Employees as per the current qualifications for District group health insurance coverage.

Insurance eligible Employees are provided a term life insurance benefit. The current benefit, paid in full by the Board, provides $50,000 coverage for the Employee. For Employees eligible for family coverage, an additional $5,000 per dependent is provided. Additional coverage may be purchased and paid for by the Employee.

For the purpose of the Longevity Incentive Program, Employee is defined as an Education Support Professional under contract with the District.

To reward longevity and provide a bridge to Medicare for eligible Employees who wish to separate employment with the District prior to Medicare eligibility.

Benefits under this provision are for Employees who have met all eligibility requirements of the District.

Benefits under this provision are paid by the District for four (4) years or until the Employee becomes eligible to receive Medicare benefits, whichever comes first.

The Board and the Employee understand that the District's Longevity Incentive Program is independent from benefits provided by Utah Retirement Systems (URS). Notwithstanding, all parties agree to be bound by URS provisions.

Employees who qualify for the Longevity Incentive Provisions in accordance with §11-4-2 must submit written notification of their intent to retire at the conclusion of the present contract term to the Department of Human Resources no later than the last business day in January of the present contract term.

Employees who intend to retire upon the conclusion of the present contract term, receive a $500 Early Declaration Award if the Employee’s written statement of retirement is received by the Department of Human Resources by the last business day in December of the present contract term.

Employee may qualify for the Longevity Incentive Program one of two ways as follows:

A minimum of 1,440 hours worked in one continuous assignment within any given fiscal year qualifies as one year of full-time service. Hours worked less than 1,440 hours but more than 1,080 hours in one continuous assignment within any given fiscal year may be cumulated with other hours between 1,080 and 1,440 worked in one continuous assignment in another fiscal year to generate full years of service. Hours worked above 1,440 in any given fiscal year may not be cumulated toward additional years of service.

Periods of leave taken without pay do not count toward years of service. Active duty in the military, congruent with URS guidelines and §11-4-3, counts toward years of service.

Employees eligible to receive Medicare benefits are not eligible for the annual stipend or health insurance coverage under this provision.

Employees terminated for cause are not eligible for the annual stipend or health insurance coverage under this provision.

The Employee reviews eligibility requirements with the District Business Administrator or Human Resources Department.

The Employee desiring to participate in the Longevity Incentive Program must notify the Human Resource Department in writing no later than the last business day in January. Failure to comply with this notification deadline will result in a fine of twenty-five (25) percent of the first year’s stipend or $2,500, whichever is less.

Should an Employee who is participating in the Longevity Incentive Program return to employment with the District, the Longevity Incentive provisions are suspended until the Employee once again separates employment from the District. Upon re-separation, the Employee resumes receiving the remaining benefits for which he/she is eligible or until the Employee becomes eligible to receive Medicare benefits, whichever comes first.

The annual stipend payable under this provision is equal to the difference between the Increment A of the Employee's current lane and the Employee's current rate of pay multiplied by the annual hours of the Employee's current contract.

As a general rule, the annual stipend will be deposited into the Employee's health reimbursement account or special pay plan the first week of October each year.

The District agrees to maintain the Employee's enrollment in the District's group life insurance program for as long as the Employee qualifies for health insurance coverage, thus providing the Employee's designated beneficiary with a life insurance benefit valued at $50,000 under current District policy. All other benefits provided under this provision terminate upon the death of the retired Employee.

The Employee receives single or couple health insurance coverage with the existing District group health insurance program. Retired Employees are able to maintain family coverage, if applicable, by paying the premium difference. Retired Employees also have the option of waiving health insurance coverage, in which case the District contributes $1,000 into a designated health reimbursement or health savings account.

All Health insurance covereage is subject to change, as negotiated yearly. Retired Employees receive the same group medical benefits as negotiated yearly; however, future health insurance premium increases are the responsibility of the Employee and will be deducted from the annual stipend payable under this provision.

Employees who qualify for purchase of URS service credit at the time of separation may use stipends and Sick Leave payable under this provision toward the purchase of such credit in keeping with URS guidelines.

Benefits payable under this provision are subject to annual negotiation.

The District recognizes that all Employees may participate in all affairs of citizenship. Employees shall be free to take part in any political issue or support and advocate in the interest of any candidate for public office, except that such activity shall not be done during the regular work schedule.

It is recognized that Employees may belong to the political party of their choice and be active therein.

It shall be the obligation of the District to permit any Employee to become a candidate for a public or political office. In case of election or appointment to such an office, it shall be the duty of the Board to grant a leave of absence. In case such political activity does not interfere with the Employee's regular school duties, it shall be the obligation of the District to pay the entire salary during the term of office. If, in the opinion of the Board, the political activity has partial interference with the Employee's duty to the District, the Board and the Employee concerned shall mutually agree upon the salary to be paid to the Employee while campaigning for or occupying public office.

Necessary Staff Reduction Not Precluded [See UCA §53G-11-516(1)]

If the Board, in its sole discretion, determines that a reduction in the number of employees is necessary because of any of the items identified in §13-1-1, or for other just reasons, such reduction shall be accomplished as follows:

Where there is more than one of the same position within a job classification family and more than one of those positions has been substantially reduced or eliminated as a result of a Reduction-in-Force, the Employee(s) subject to the Reduction-in-Force will be determined in the following order:

Notification of Dismissal Pursuant to a Reduction-in-Force

Rehire Procedures

The District shall notify an eligible individual of his/her first right to interview via documented personal contact. If the District is unable to make personal contact, the District shall notify an eligible individual of first right to interview via certified letter to the last-known address on the District’s personnel records. The letter shall advise the eligible individual that he/she has five (5) calendar days after the postmark date of the letter to accept the offer to interview. Failure to accept the first offer for an interview shall relieve the Board of any further responsibility to the eligible individual.

If an individual is terminated through a Reduction-in-Force and then rehired during the same contract year, the individual shall be placed on the lane appropriate for the position for which he/she was rehired and on the same step placement at the time of the Reduction-in-Force. If an individual is terminated through a Reduction-in-Force and then rehired within 15 months from the date of the Reduction-in-Force notice, but in the subsequent contract year, the individual shall be placed on the lane appropriate for the position for which he/she was rehired and the step placement at the time of the Reduction-in-Force shall be reinstated along with the financial benefits provided in accordance with the subsequent contract year’s ESP Negotiated Agreement.

An individual rehired following a Reduction-in-Force shall have leave benefits which existed at the time of termination reinstated, less any benefits for which compensation was received at the time of termination.