ARTICLE IV: EMPLOYMENT PROVISIONS

SECTION A: Length of Workday and Early Dismissal

1. The workday shall be in accordance with the hours authorized for the individual employee position and shall be in accordance with applicable Federal and State laws.

2. Upon special arrangement with the immediate supervisor, the employee may participate in a regularly scheduled meeting of the SEA held after the close of the school day if the employee is an officer of the SEA or a member of the Bargaining Committee.

3. It is the duty and responsibility of principals/supervisors to ensure that employees are completely relieved from duty during their lunch period. When employees are not completely relieved from duty during their lunch period, such time will be paid as work time.

4. Employees working four (4) to six (6) hours are entitled to one (1) relief period of fifteen (15) minutes as part of the regular paid working day. Employees working six (6) hours or more are entitled to one (1) such period in the morning and one (1) in the afternoon. Where practicable, relief periods should be taken at regularly scheduled times.

5. The employee may request and be paid overtime at time and one-half for hours worked in excess of eight (8) hours per day and/or forty (40) hours per week; or, compensatory time on a time and one-half basis is permitted for hours worked in excess of eight (8) hours per day and/or forty (40) hours per week if the employee requests compensatory time off in lieu of overtime. Work schedules may be arranged during any given workweek for absences due to routine medical/dental appointments, etc., if agreed upon by the employee and his/her supervisor before the fact.

6. When students and classes are dismissed one (1) hour earlier than the regularly scheduled closing time on days before Thanksgiving holidays and Winter Vacation, the full-time employees in school buildings will be released from duty one (1) hour earlier than their individual regularly scheduled time. Classified office employees in locations other than school buildings will be released from duty one (1) hour early as indicated above, provided that arrangements can be made to maintain service to the students, staff and public.

SECTION B: Evaluation

1. At the beginning of the employee's work year, the employee will meet privately with the principal/supervisor who is immediately responsible for his/her evaluation, and meet with classroom teachers and other employees involved with his/her services to define respective responsibilities, with the option of developing a written list of specific responsibilities consistent with the job descriptions, SPS rules, regulations, procedures, and the provisions of this Agreement.

2. Newly Hired Employees

a. Newly hired employees shall complete at least a three (3) month probationary period after reporting for duty. During the probationary period the employee's supervisor shall complete monthly evaluations of the employee's performance, utilizing the Probationary Report form.

b. The principal/supervisor shall discuss the evaluation(s) in detail with the individual employee. Probationary Report forms shall be signed by the employee at the time of the evaluation, and signed by the principal/ supervisor prior to submission to Employment Services. The employee's signature does not constitute approval, only that the form has been received. The employee shall receive a copy of his/her completed Probationary Report form from the principal/supervisor at the time of evaluation.

c. If the reports are satisfactory for the first three (3) months, the employee shall be placed on regular status.

d. If at the end of the first three (3) months an employee is performing unsatisfactorily, the principal/supervisor shall complete a Performance Appraisal form. The probationary period may be extended for a maximum of three (3) weeks. At the end of any probationary period, the employee will be re-evaluated and: a) be removed from probationary status, or b) be terminated.

e. Employees covered by this Agreement shall not be responsible for evaluating other classified employees or certificated employees.

f. All unsatisfactory ratings must be accompanied by a Performance Improvement Report form and an opportunity must be provided, including reasonable help, for the employee to improve in the areas of weakness indicated. The employee shall have the right to have an SEA representative present when the Performance Improvement Report form is presented to the employee.

3. Regular Employees

a. An employee shall be evaluated by his/her principal/supervisor at least once each year at any time prior to but no later than April 15th. Annual evaluations are considered to cover a one (1) work year period.

b. The principal/supervisor shall discuss the evaluation in detail with the individual employee. Performance Appraisal forms shall be signed by the employee at the time of the evaluation, and signed by the principal/ supervisor prior to submission to Employment Services. The employee's signature does not constitute approval, only that the form has been received. The employee shall receive a copy of his/her completed Performance Appraisal form from the principal/supervisor at the time of the evaluation.

c. An employee's performance will be considered unsatisfactory when an employee receives one (1) unsatisfactory mark in the Attendance and Punctuality category or the Competency in Skills Required at Entry category or receives two (2) unsatisfactory marks in any of the performance categories.

d. If an employee's performance is rated unsatisfactory on the Performance Appraisal form, the principal/supervisor shall complete a Performance Improvement Report form. An employee who has been rated unsatisfactory will be observed for three (3) workweeks. At the end of that time period, the employee will be re-evaluated and if he/she is still performing unsatisfactorily in the same category(s), will be placed on probation for three (3) workweeks. At the end of this probationary period, the employee will be re evaluated and: a) be removed from probationary status, b) be placed on extended probation, which shall normally be for three (3) work weeks, or c) be terminated.

e. At any time when a Performance Improvement Report form is presented to the employee, the employee shall have the right to have an SEA representative present. An opportunity must be provided, including reasonable help, for the employee to improve in the area(s) of weakness indicated.

f. Regular employees who are transferred to positions which represent a change in job title may at the option of the principal/supervisor be evaluated monthly for three (3) consecutive months.

g. Employees covered by this Agreement shall not be responsible for evaluating other classified employees or certificated employees.

h. Optional Participation in Professional Growth Cycle

In addition to the annual evaluation process, described above, any regular employee may participate in the Professional Growth Cycle.

(1) The Professional Growth Cycle process encourages continuous professional growth through goal setting, development of a professional growth plan, and periodic review of progress. Both the evaluator and the employee shall receive training in these skills to support the Professional Growth Cycle process.

(2) Professional Growth Plan Development

(a) Prior to November 15 of the first year of the Professional Growth Cycle, the employee will assess his/her own professional development and consider specific goals to be included in the Professional Growth Plan. The employee shall then design an initial Professional Growth Plan, including: statement of goals and/or areas of focus and how the goals support the Academic Achievement Plan; strategies for achieving the goals; means of gathering data and measuring growth toward goals; time lines for completion of plan components; and identification of resources needed to implement the plan. The employee may identify, obtain commitment(s), and make any necessary arrangements with one or more other persons (e.g., supervisors, colleagues, curricular specialists, etc.) to assist him/her in implementing the plan.

(b) No later than November 15 of the first year of the Professional Growth Cycle, the employee shall arrange a conference with his/her evaluator to discuss the initial Professional Growth Plan. The evaluator shall review the Professional Growth Plan designed by the employee, make such recommendations as he/she feels may be of assistance to the employee, and discuss resources (if any) for implementation. The employee shall then record the final plan on the Professional Growth Plan Form, to be initialed by both the employee and the evaluator, and provide a copy to the evaluator.

(c) Prior to the end of each school year, the employee shall review his/her Professional Growth Plan, gather data and/or evidence for growth measurement, assess progress, and make any appropriate revisions to the Plan.

(d) Prior to the end of the school year, the employee shall arrange a conference with his/her evaluator to discuss the employee's review of the Professional Growth Plan as described in Section (c) above. The evaluator shall review the employee's growth measurements, the employee’s assessment of his/her progress and revisions to the plan. The evaluator shall also make such recommendations as he/she feels may be of assistance to the employee, and discuss resources (if any) for continuous improvement. The employee shall then record the finalized information on the Professional Growth Plan Form, to be initialed by both the employee and the evaluator, and provide a copy to the evaluator.

(e) One or more mid-year review conferences may be held by mutual agreement at the request of either the employee or the evaluator.

(f) The intent is that employees in the Professional Growth Cycle make a good faith effort toward achieving the goals established in the plan; however, there shall be no consequences if an employee does not achieve the stated goals, provided his/her performance remains satisfactory.

4. Disputes over formal disciplinary action (suspension or termination), disputes over any unsatisfactory ratings in any performance category as determined by principal/supervisor, or disputes concerning exclusively a departure by the SPS from the procedural requirements of Article IV, Section B, shall be subject to the Grievance Provisions of Article X. Findings made and conclusions reached by the principal/supervisor, resulting in a performance rating of "Excellent," "Strong," or "Satisfactory," shall not be subject to the Grievance Provisions of Article X.

5. There shall be no illegal eavesdropping.

SECTION C: Workload Management

1. Annual Workload Review at Schools

The Principal or Principal’s designee shall meet with the entire school office staff in September to coordinate work distribution and daily schedules and to ensure that lunches and breaks are provided. A written plan resulting from the meeting shall be distributed to all office staff. To coordinate adjustments to the plan, meetings shall be held periodically throughout the school year as needed to review workload, schedules and expectations and to prioritize tasks. The following directives shall govern such workload review:

? There will be a shared understanding of priorities
? If a task is duplicative or unreasonably time-intensive, it will be evaluated and either changed or eliminated
? The division of labor and key deadlines will be clarified through regular communication
? In some cases, increased use of technology may be a cost-effective means of improving customer service.

2. Resolving Workload Concerns

The SEA and the SPS have an interest in efficient operations with workloads that permit office staff to complete their work on paid time, take lunch and breaks. Office staff members who believe that their workload is excessive may utilize the following process for resolving them. Workloads are not grievable, nor are adjustments or agreements precedent setting.

a. The employee shall meet with their immediate supervisor to discuss their workload. They will jointly examine possibilities for adjustment including prioritization, efficiencies, elimination of some assignments, assignment of work to others, time allocations for duties, additional training, and any other means of resolving the matter. A SEA Building Rep or SEA staff person may participate in the meeting, if requested. A response from the supervisor or any agreement shall be made in writing.

b. If the employee is not satisfied with the outcome of the meeting described in a) above, they may request a meeting with the Director responsible for their school or department or whomever is the next level supervisor. The meeting shall take place within 14 days from the date of request. A SEA Building Rep or SEA staff person may participate in the meeting, if requested. A response from the Director or any agreement shall be made in writing.

3. Oversight: The Labor-Management Committee (described under Article II Professional Development and Closing the Achievement Gap) is charged with reviewing and identifying workload and efficiency suggestions such as those described below:

? Increase reliance on voice-mail to relieve office personnel of the burden of continuously answering phones while trying to accomplish other tasks.
? Improve efficiency and reduce workload in handling the registration of bilingual students.
? Provide training/support to office personnel required to administer medications to students.
? Minimize disruption and workload at the beginning of the school year by getting materials to the buildings early (preferably August 15) for distribution on the first day of school, reducing late enrollments, and expediting bus assignments for students who enroll late.
? Increase the buildings’ capability to handle accounting, budgeting, student record keeping, report cards, and Immunization Status forms online.

a. The Labor-Management Committee will form work groups to study particular ideas. These work groups shall include office personnel, school staff, administrators, and union representatives. These work groups will report findings and recommendations to the Labor-Management Committee, including the costs, benefits, feasibility, and potential timetables for implementation of their recommendations.

b. The Labor-Management Committee must make quarterly reports to the Leadership Committee (described under Site-Based Decision Making), beginning in January 1998, to explain progress in the review of potential efficiencies such as those described above and implementation of new processes to reduce workload or improve productivity.

c. Three office personnel, including one from elementary, one from middle school, and one from high school, will be included in the SPS’s Opening Schools Task Force to provide information and input with respect to the workload implications of new school opening policies under consideration.

4. Health Services Delivery: The staff, or an appropriate Building Committee, including a SAEOP representative and the Principal will annually discuss how to provide health services to students when a school nurse or health assistant is not present. (Held at the start of the school year and again as the budget is being prepared.)

5. School-Wide Discipline Responsibilities: Each school shall have school-wide discipline plans that designate which individuals are responsible for student discipline, including the supervision of students being disciplined.

6. Registrars’ Work Schedules: With agreement between the Principal and the Registration Specialist/Data Registration Assistant, Registrars may flex their work schedules to accommodate work responsibilities at the end of the school year.

7. Extra Help: The SPS shall provide appropriate classified employees or extend employee hours to meet peak load and special secretarial and office personnel needs. An employee may request of the principal/supervisor, and/or the principal/supervisor may apply to the appropriate executive level supervisor, for extra clerical help for peak load(s) and special needs. Extra help will be provided when deemed advisable by the appropriate executive level administrator subject to budgetary limitations. A uniform system will be used to distribute peak load monies SPS wide.

8. System-Wide SPS Work: The SPS will notify and involve SEA when planning and implementing new system-wide technology programs and major business and reporting practices that directly affect how employees perform their duties.

9. Addressing Workload Issues in the Budget and Staffing Process

a) Budget instructions as agreed between the SEA and the SPS shall be included in the “Green Book” each year to address office staff workload issues during the budget and staffing decision-making process. In the 05-06 Green Book, this process is described on pages 22-23 and 30-33.

b). A task force comprised of four (4) SAEOPs and four (4) SPS Administrators inclusive of principals will be established by October 15, 2004 to explore staffing models for SAEOP positions. The parties agree that office work must be done, regardless of the number of staff, and are committed to developing staffing models that provide a work environment that creates stability and predictability from year to year. Models developed by the task force will be transmitted to school sites in the Green Book. It is the task force’s goal to conclude by December 15, 2004.

SECTION D: Affirmative Action

1. The Seattle Public Schools Board selects employees as needed on the basis of merit, training, and experience so that there shall be no discrimination against any employee or applicant because of race, creed, religion, color, national origin, sex, age, marital status or handicap except as may be permitted to meet a bona fide occupational qualification, and the SPS shall comply with State or Federal laws as may pertain thereto.

2. The Affirmative Action program goal for the SPS is to attract, develop and retain a high-performing, multicultural workforce to serve diverse student needs.

3. In implementing the Affirmative Action program the SPS shall recruit, employ, retain and assign personnel in conformity with State and Federal laws, rules, regulations and directives.

SECTION E: Liability Coverage and Hold Harmless Provisions

1. The SPS shall hold harmless and shall provide five hundred thousand dollars ($500,000) liability protection for each employee covered by this Agreement in case of suit, actions, or claims against the employee and/or the SPS arising from or out of the employee's performance or failure of performance of duties as agent for the SPS, provided that:

a. The SPS shall not be obligated to hold harmless or defend employees in connection with acts or omissions outside those performed as an agent of the SPS or in connection with the employee's gross negligence, intentional or wanton misconduct, knowing violation of law or criminal act; and,

b. The employee agrees to give notice as soon as possible to an attorney of the SPS's General Counsel's Office of any such suit, claim, or action brought against said employee.

2. The SPS agrees to adopt such methods as it and the SPS insurance carrier may deem appropriate to inform itself and to correct safety and health hazards and deficiencies relating to school property, activities and procedures. The SEA agrees that it will support and assist the SPS in all efforts to be informed of and to correct safety and health hazards and deficiencies.

3. Specifications for staff coverage in the SPS's Liability Protection program shall be developed by the SPS Insurance Review Committee involving employee representatives.

SECTION F: Resignation and Termination

1. Employees who are terminating from SPS employment shall, whenever possible, submit a two (2) weeks written notice of resignation which states the reason for leaving and the last date the employee will work to Employment Services. A copy of the notice shall be provided to the immediate supervisor.

2. The SPS shall, whenever possible, provide employees with a minimum of two (2) weeks notice of termination. Such notice shall state the specific cause(s) of termination.