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CALL TO ORDER/ROLL CALL On Wednesday, June 17, 2009, at 6:03 p.m., Board President Acuña called the regular meeting of the Imperial Community College District Board of Trustees to order in the Administration Building Board Room. BOARD MEMBERS PRESENT: Carlos R. Acuña Rudy Cardenas, Jr. Jerry D. Hart Romualdo Medina Rebecca L. Ramirez Norma Sierra Galindo [arrived at 7:40 p.m.] BOARD MEMBERS ABSENT: Louis Wong REPRESENTATIVES PRESENT: Dr. Bruce Seivertson, Academic Senate Representative Steven Sciaky, Student Representative Dr. Michael Heumann, College Council Representative CONSULTANTS PRESENT: Dr. Ed Gould, Superintendent/President Dr. Victor Jaime, Vice President for Student Services Kathy Berry, Vice President for Academic Services Travis Gregory, Associate Dean of Human Resources Frank Oswalt, Legal Counsel PLEDGE OF ALLEGIANCE Academic Senate President Dr. Bruce Seivertson led the Pledge of Allegiance to the Flag. PUBLIC COMMENT Part Time ESL Professor Jean Montenegro and volunteer for the American Cancer Society shared her work on the book, A Bouquet of Words and Pictures that she helped develop for the American Cancer Society. She stated the printing services were provided by the IVC Reprographics Department at an agreed upon price. She mentioned the names of the people who donated money for the book and thanked Dr. Gould for his support. On behalf of Camp Reach for the Sky, American Cancer Society, she stated she was pleased to present IVC with a copy of the book. ADOPTED MINUTES FOR THE REGULAR MEETING OF THE IMPERIAL COMMUNITY COLLEGE DISTRICT BOARD OF TRUSTEES Wednesday, June 17, 2009 Location Administration Building – Board Room 380 East Aten Road Imperial, CA 92251

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Page 1: Location Administration Building – Board Room 380 East ... · Adopted Minutes Page 4 of 19 Imperial Community College District June 17, 2009 Board of Trustees Regular Meeting would

CALL TO ORDER/ROLL CALL On Wednesday, June 17, 2009, at 6:03 p.m., Board President Acuña called the regular meeting of the Imperial Community College District Board of Trustees to order in the Administration Building Board Room. BOARD MEMBERS PRESENT:

Carlos R. Acuña Rudy Cardenas, Jr. Jerry D. Hart Romualdo Medina Rebecca L. Ramirez Norma Sierra Galindo [arrived at 7:40 p.m.]

BOARD MEMBERS ABSENT:

Louis Wong REPRESENTATIVES PRESENT:

Dr. Bruce Seivertson, Academic Senate Representative Steven Sciaky, Student Representative Dr. Michael Heumann, College Council Representative

CONSULTANTS PRESENT: Dr. Ed Gould, Superintendent/President Dr. Victor Jaime, Vice President for Student Services Kathy Berry, Vice President for Academic Services Travis Gregory, Associate Dean of Human Resources Frank Oswalt, Legal Counsel

PLEDGE OF ALLEGIANCE Academic Senate President Dr. Bruce Seivertson led the Pledge of Allegiance to the Flag. PUBLIC COMMENT Part Time ESL Professor Jean Montenegro and volunteer for the American Cancer Society shared her work on the book, A Bouquet of Words and Pictures that she helped develop for the American Cancer Society. She stated the printing services were provided by the IVC Reprographics Department at an agreed upon price. She mentioned the names of the people who donated money for the book and thanked Dr. Gould for his support. On behalf of Camp Reach for the Sky, American Cancer Society, she stated she was pleased to present IVC with a copy of the book.

ADOPTED MINUTES

FOR THE REGULAR MEETING OF THE IMPERIAL COMMUNITY COLLEGE DISTRICT

BOARD OF TRUSTEES

Wednesday, June 17, 2009

Location Administration Building – Board Room

380 East Aten Road Imperial, CA 92251

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Adopted Minutes Page 2 of 19 Imperial Community College District June 17, 2009 Board of Trustees Regular Meeting PRESENTATION M/S/C Ramirez/Medina Resolution No. 14383: In Memoriam: A Resolution of Respect and Appreciation for Instructor Johnny Romero Discussion President Gould presented the family with a plaque that was given by the Fire Academy IV Students of Imperial Valley College. President Gould then presented the family with a resolution plaque. Resolution WHEREAS, the Board of Trustees, Superintendent/President, and the employees of Imperial Valley College express our deepest respect and sympathy on the loss of a dear friend and instructor, Johnny Romero; and WHEREAS, Johnny Romero was an instructor for four years, serving as instructor in fire fighter courses, fire academy courses, and the advanced fire technology courses since August 2005; and WHEREAS, Johnny Romero was a supporter of the community through his service as a Deputy Fire Marshall for Imperial County and as an avid participant in local Pop Warner and High School football; and WHEREAS, Johnny Romero loved his family, his friends, the fire community, and reached into our community for the good of the students, the advancement of his profession, and the good of the community; and WHEREAS, Imperial Valley College benefited from his sense of integrity, honesty, and dedication to his community; NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees, does hereby extend its deepest sympathy to his family and acknowledges to them our gratitude and deepest admiration for his years of faithful and devoted service to Imperial Valley College and our community. WRITTEN COMMUNICATION Board President Acuña announced that the Board received four written communications. INFORMATION REPORTS Employee of the Month (June 2009) Dean of Technology Dr. Robin Ying announced Director of Application Services Jeff Cantwell as the June Employee of the Month. He gave Jeff accolades and thanked him for his work. President Gould congratulated and presented Jeff with a certificate.

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Adopted Minutes Page 3 of 19 Imperial Community College District June 17, 2009 Board of Trustees Regular Meeting Employee of the Year 2008-2009 Vice President for Academic Services Kathy Berry announced Bruce Page as Employee of the Year for 2008-2009. She gave Bruce accolades and thanked him for his work. President Gould congratulated and presented Bruce with a certificate. Bruce thanked everyone and shared his motto, “Students don’t care what you know, until they know that you care.” Board Member Reports Trustee Hart reported the following:

• Attended the final SDICCCA meeting of the year on June 1st. He reported he was elected to be Vice President of the Trustees. He stated IVC is well represented with his election as well as President Gould being elected as the President of SDICCCA.

Associated Student Government Senate Update – Steven Sciaky ASG President Sciaky reported the following:

• Announced he became the formal ASG President. • Announced he will be holding a planning meeting once the summer session begins to start

planning for the upcoming school year. • Announced the Region X meeting was canceled due to quorum. He stated the next meeting

would be held on Friday where the induction of the new Region X Governor will take place. President Gould thanked former ASG President Chantilee Mendenhall, new ASG President Steven Sciaky, and Associate Dean for Student Affairs Sergio Lopez for an outstanding commencement ceremony. Academic Senate Update – Dr. Bruce Seivertson Academic Senate President Dr. Bruce Seivertson reported the following:

• Announced the meeting tonight would be his last meeting. He stated he was on several committees and the Board would still see his input.

• Announced the Rafael Santos Award was presented to Gaylla Finnell. He stated she was well deserving of the award.

• Announced the new Academic Senate President Kevin White was not able to make the meeting.

• Announced that during his two years as Academic Senate, there has been a move towards Student Learning Outcomes and Basic Skills. He stated there has been a lot of positive changes, and rearranging of activities.

College Council Update – Dr. Michael Heumann College Council Chair Heumann reported the following:

• Announced the budget process has been a trial by fire and stated it has been nice to try to come to a mutual understanding.

• Announced that there is a process through shared governance and the reinforcement is positive and stated the lines of communication need to remain open.

• Announced he is the Distance Education Coordinator and runs a Tech Camp every year. He stated there have been many classes developed over the years. He stated this year there

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Adopted Minutes Page 4 of 19 Imperial Community College District June 17, 2009 Board of Trustees Regular Meeting

would be a change in that the focus would be on training as many instructors as possible to learn Etudes to benefit the students.

Board President Acuña asked what Etudes was. College Council Chair Heumann stated it is a course management system and could do a demonstration for the Board. President’s Update – Dr. Ed Gould President Gould presented a PowerPoint presentation and reported the following:

• Announced the IVC Foundation moved to the Stockmen’s Club. He stated that there would be a meeting on July 1, 2009 to discuss the master agreement. He stated the agreement covers the purpose of the Foundation. He discussed the personnel proposal with the Foundation.

• Reported that the Educational Master Plan is a well written document by the Educational Master Planning Committee. He discussed the planning process.

• Reported on the many campus projects that would be under construction during the summer: Board Room Expansion, Science Building, Bus Drop-Off Expansion and Car Drop-Off, and Parking Lot Remodel/Resurface and Drop-Off. He stated the Art Gallery drawings are in DSA for approval and there may be a Stirling Energy Systems demonstration on solar farming.

• Met with two General Obligation Bond companies. He stated that the District will move forward with Caldwell, Flores, Winters Inc. to assess the possibility of a new bond. He presented some demographics of Imperial County voters. He discussed the costs associated with the bond.

• Discussed the restructuring of the Research, Planning, and Grants area and the current grants underway.

• Reported on the organizational flow for the President’s Office. • Reported on the San Diego State-IV/SDSU Task Force Recommendations. • Reported on the IVC Budget 2009-2010 and stated there would be a balanced budget with a

planned 10.48% reserve. He reviewed some of the highlights which included a predicated 5.49% growth in 2008-2009, 0% COLA 2009-2010. He reviewed the programs and services affected by the budget. He reviewed the impact of the IVC Budget Cuts for the 2009 summer classes. He also reviewed the budget cut impacts to Instruction, Business Services, and Student Services.

• He reported on the closure of the Brawley Extended Campus. Trustee Medina asked if the athletic programs were cut. VP for Academic Services Berry stated some athletic programs would be cut such as: soccer, baseball, and softball. She stated there would still be an athletic programs but it would be reduced. CONSENT AGENDA – BUSINESS Approval of Minutes dated May 20, 2009, Regular Board Meeting M/S/C Medina/Hart and the Board approved the minutes as presented. M/S/C Medina/Hart Resolution No. 14384: Purchase Orders BE IT RESOLVED that upon the recommendation of the Superintendent/President the following Purchase Orders and Direct Payments are hereby approved:

May 2009

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Adopted Minutes Page 5 of 19 Imperial Community College District June 17, 2009 Board of Trustees Regular Meeting Purchase Orders $2,368,779.26

Direct Payments

65,261.54 $2,434,040.80

M/S/C Medina/Hart Resolution No. 14385: Payroll Warrant Orders BE IT RESOLVED that the Board approves the recommendation of the Superintendent/President to approve the issuance of the following payroll warrants for the month of May 2009. 2008-09 Fund 10 Fund 45 Fund 80 Payroll General Child Bond Warrant Warrant # Fund Dev. Fund Total

5/8/09 22 279,089.91 279,089.915/29/09 23 2,707,018.43 41,140.49 10,089.28 2,758,248.20

2,986,108.34 41,140.49 10,089.28 3,037,338.11 M/S/C Medina/Hart Resolution No. 14386: Commercial Warrant Orders BE IT RESOLVED that the Board approves the recommendation of the Superintendent/President to approve the issuance of the following commercial warrant orders for the month of May 2009:

Fund 10 Fund 20 Fund 40 Fund 45 Fund 50 Fund 80 General Financial Building Lease Child Cert. of Bond Warrant

Fund Aid Fund Rev. Bond Dev. Part. Fund Total 5/7/09 144,107.78 24,737.00 7,647.59 1,912,249.91 2,088,742.28

5/14/09 625,310.35 87,498.18 13,489.17 568.96 73,215.30 800,081.96 5/21/09 172,049.87 177,580.17 270.00 475.35 3,565.00 87,015.82 440,956.21 5/28/09 199,438.01 15,471.67 573.85 22,425.30 237,908.83

1,140,906.01 280,550.02 25,007.00 13,489.17 9,265.75 3,565.00 2,094,906.33 3,567,689.28   

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Adopted Minutes Page 6 of 19 Imperial Community College District June 17, 2009 Board of Trustees Regular Meeting M/S/C Medina/Hart Resolution No. 14387: Tentative Budget 2009-2010 BE IT RESOLVED that the Tentative Budget for fiscal year 2009-2010 be approved; BE IT FURTHER RESOLVED that the public hearing for the 2009-2010 Final Budget is hereby set for September 15, 2009, at 6:00 p.m. in the Administration Building Board Room. M/S/C Medina/Hart Resolution No. 14388: Citizens Oversight Committee for Measure L BE IT RESOLVED that upon the recommendation of the Superintendent/President, the Board appoints the following member to the Citizens Oversight Committee for Measure L: Name: Membership category: Term: Replacing: Everett “Butch” Taylor

Retiree (Retired Associate Superintendent El Centro Elementary School District, part-time benefits counselor State Teachers Retirement System)

July 1, 2009 – June 30, 2011

Bertha Morris

M/S/C Medina/Hart Resolution No. 14389: EMS Medical Directorship Agreement Discussion Trustee Medina asked if the cost was consistent with previous agreement. VP for Academic Services Berry stated it was the same amount. Resolution WHEREAS, Imperial Community College District offers Emergency Medical Services Programs, specifically an Emergency Medical Technician (EMT) and an Emergency Medical Technician – Paramedic (EMT-P) courses; and WHEREAS, all Emergency Medical Services Programs must comply with county and state regulations; and WHEREAS, the Imperial Valley College EMS Programs operating within Imperial County must comply with the Imperial County Policy and Title 22 of the Californian Code of Regulations requirement for the employment of a licensed Medical Director for EMS Programs; NOW THEREFORE BE IT RESOLVED, that the Imperial Community College District Board approves the renewal of the Medical Directorship Agreement with Dr. Bruce E. Haynes for the period of July 1, 2009 to June 30, 2010; and BE IT FURTHER RESOLVED that the total compensation under the term of this agreement shall not exceed Fourteen Thousand Forty Dollars annually.

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Adopted Minutes Page 7 of 19 Imperial Community College District June 17, 2009 Board of Trustees Regular Meeting M/S/C Medina/Hart Resolution No. 14390: Award of Bids WHEREAS, the District has advertised for bids and a bid opening was held on June 4, 2009, for the following projects:

Parking Lot Improvements – Phase III Grading and Paving Electrical Lighting

WHEREAS, in accordance with the provisions of California Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, the District requires that the bidder possess applicable classification(s) of contractor’s license(s) at the time the bid is submitted. Any bidder not so licensed at the time of the bid opening will be rejected as non-responsive; and WHEREAS, there will be one base bid on each bid package and all work in the base bid must be completed within the time specified on the Notice to Proceed issued by the District. Failure to complete the work within the time specified will result in the imposition of liquidated damages for each day of delay, in the amount set forth in the bid documents. WHEREAS, the District reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process. NOW, THEREFORE, BE IT RESOLVED, that the following contracts be awarded, per the plans and specifications: PARKING LOT IMPROVEMENTS – PHASE III Bid Package Title: Contract Awarded to: Contract Amount: Grading and Paving R.E. Hazard Construction $2,732,000 Electrical Lighting Neal Electric Corporation 384,000

$3,116,000 BE IT FURTHER RESOLVED, that the Superintendent/President and/or the Vice President for Business Services be authorized to sign all notices, contracts, change-orders, and other necessary documents related to these contracts on behalf of the District. Fiscal Impact: All contracts to be paid from Measure L Bond Funds M/S/C Medina/Hart Resolution No. 14391: 2009-2010 GANN Appropriation Limit WHEREAS, in November of 1979, the people of California passed Proposition 4, a Constitutional Amendment commonly called the Gann Amendment, which added Article XIII-B to the California Constitution; and WHEREAS, the provisions of that Article establish maximum appropriation limitations, commonly called “Gann Limits,” for public agencies, including school districts; and,

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Adopted Minutes Page 8 of 19 Imperial Community College District June 17, 2009 Board of Trustees Regular Meeting WHEREAS, Senate Bill 1352, Chapter 1205 of 1980, implements Proposition 4, and requires the Board of Trustees to establish by resolution an appropriation limit each fiscal year beginning with 1981-82; and WHEREAS, the District’s 2009-10 budget is in conformance with the requirements of Proposition 4. NOW, THEREFORE, BE IT RESOLVED that the Board does hereby declare that the appropriations in the budget to be adopted for 2009-10 do not exceed the limitations imposed by Proposition 4. M/S/C Medina/Hart Resolution No. 14392: Five-Year Construction Plan WHEREAS, in accordance with Section 81820 of the California Education Code, each year community college districts are required to submit a Five-Year Construction Plan to the Chancellor the California Community Colleges; and

WHEREAS, the Five-year Plan communicates to the State Chancellor’s Office and other State agencies the anticipated capital outlay needs of the district for the next five years; and

WHEREAS, the Five-year Plan includes information on current enrollment, projected enrollment, and instructional staff. This information, together with actual college space utilization, is analyzed by the Chancellor’s Office to develop load-capacity ratios, which are measures of a college’s need in certain areas. The load-capacity ratio is one factor that is considered in State funding of a capital project; and

Priority

Project Title Current Cost

District Share

First Funding

Date Occupy Date

1 SCIENCE STUDY BUILDING $32,000,000 $32,000,000 2004/2005 2009/2010 2 BLDG 400 MODERNIZATION $4,808,00 $2,404,000 2009/2010 2010/2011

3 MODERNIZE ACADEMIC BLDGS $12,087,000 $5,897,000 2010/2011 2012/2013

4 CAREER TECHNICAL BUILDING $25,040,000 $9,524,000 2011/2012 2014/2015

5 TECHNOLOGY BUILDING $17,932,000 $8,959,000 2012/2013 2014/2015

6 LIBRARY REMODEL/ADDITION $13,196,000 $2,639,000 2013/2014 2015/2016

7 GYM – MODERNIZATION $2,280,000 $2,280,000 2014/2015 2016/2017

8 COUNSELING/FIN. AID MODERNIZATION $1,715,000 $1,715,000 2015/2016 2017/2018

9

ADMINISTRATION BUILDING MODERNIZATION $1,322,000 $1,322,000 2015/2016 2017/2018

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Adopted Minutes Page 9 of 19 Imperial Community College District June 17, 2009 Board of Trustees Regular Meeting

WHEREAS, one component to the Five-year Plan is the project priority list for the five-year period. The priority list includes all facility needs of the District based on the Education Master Plan, regardless of whether State funding will be requested. The Project Priority List includes projects that are under way, projects that have been approved by the District for bond or other funding, and projects for which State funding will be requested.

NOW, THEREFORE, BE IT RESOLVED that the Board approves the Project Priority List and approves the submission of the 2011-12 Five Year Construction Plan to the California Community Colleges Chancellor’s Office. M/S/C Medina/Hart Resolution No. 14393: Funding Proposal – Career Technical Building WHEREAS, the District submitted an Initial Project Proposal (IPP) to the California Community Colleges Chancellor’s on July 1, 2008 for a Career Technical Building; and WHEREAS, the Initial Project Proposal for the Career Technical Building has been included in the Chancellor’s list of Potential Projects that may be eligible for 2011-12 state capital outlay funding; and WHEREAS, under provisions of Education Code Section 81800 of the California Community College Construction Act of 1980, the District is required to submit a Final Project Proposal for consideration for 2011-12 state capital outlay funding. NOW, THEREFORE, BE IT RESOLVED that the Board approves the submission to the California Community Colleges Chancellor’s Office of a Final Project Proposal (FPP) for the Career Technical Building. CONSENT AGENDA – EDUCATIONAL SERVICES M/S/C Cardenas/Medina Resolution No. 14394: Educational Master Plan BE IT RESOLVED that the Board approves the 2009–2010 Educational Master Plan as presented in Exhibit A. M/S/C Cardenas/Medina Resolution No. 14395: Major, Certificate, Course Additions, and Deletions  WHEREAS, new programs, deleted programs, and new courses within the programs have been approved by the Curriculum and Instruction Committee and instructional administration, and satisfy all applicable requirements of Title 5 regulations. All factors, taken as a whole, support the establishment and maintenance of the proposed instructional programs and courses.

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Board Agenda Page 10 of 19 Imperial Community College District June 17, 2009 Board of Trustees Regular Meeting

BE IT RESOLVED that the Board approves the recommendation of the Curriculum and Instruction Committee (4/30/09) and the Academic Senate (5/20/09), with the consent of the Superintendent/President, as follows: New Credit Courses JRN 101 – Multimedia News Writing and Reporting (3.0)

M/S/C Cardenas/Medina Resolution No. 14396: Division Chair Appointments for 2009-2010 BE IT RESOLVED that the following individuals have been elected to act as Division Chairpersons for their respective divisions for the 2009-2010 academic year:

Divisions Chairperson Behavioral & Social Science Suzanne Gretz Business Division Valerie Rodgers English David Zielinski Exercise Science/Wellness/Sport David Drury Humanities Dr. Melani Guinn Science/Math/Engineering Dr. Lianna Zhao

M/S/C Cardenas/Medina Resolution No. 14397: Academic Calendar for 2009-2010 BE IT RESOLVED that the Board acknowledges the 2009-2010 Academic Calendar as ratified on June 4, 2007, as follows: 2009 August 21 Friday Orientation (Non-Instructional Faculty Service Day) 24 Monday Fall Semester Begins September 7 Monday Holiday (Labor Day), Campus Closed November 9 Monday Holiday (Veterans Day), Campus Closed 26–28 Thursday - Saturday Holiday (Thanksgiving), Campus Closed

December 7–12 Monday - Saturday Final Exams, Fall 2009 Semester

14–18 Monday - Friday No Classes, Campus Open 21–31 Monday - Thursday Winter Recess, Campus Closed

2010 January 1 Friday Holiday (New Year’s Day)/Winter Recess, Campus Closed

4–6 Monday - Wednesday No Classes, Campus Open 7 Thursday Winter Intersession 2010 Begins 18 Monday Holiday (Martin Luther King’s Birthday), Campus Closed

February 9 Tuesday Winter Intersession 2010 Ends/Final Exams 12 Friday Holiday (Abrahams Lincoln’s Birthday), Campus Closed 15 Monday Holiday (President’s Day), Campus Closed

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Board Agenda Page 11 of 19 Imperial Community College District June 17, 2009 Board of Trustees Regular Meeting

16 Tuesday Spring Semester 2010 Begins

April 5–10 Monday - Saturday Spring Recess, Campus Closed

May 31 Monday Holiday (Memorial Day), Campus Closed

June 5–11 Saturday - Friday Final Exams, Spring 2010 Semester 12 Saturday Graduation (Non-Instructional Faculty Service Day) 21 Monday Summer Session 2010 Begins

July 5 Monday Holiday (Independence Day), Campus Closed 29 Thursday Summer Session 2010 Ends/Final Exams

CLOSED SESSION M/S/C Hart/Ramirez to go into CLOSED SESSION at 7:19 p.m. Trustee Galindo arrived at 7:40 p.m. 1. NEGOTIATIONS UNDER THE EDUCATIONAL EMPLOYMENT RELATIONS ACT Conference with District Negotiators: John Lau and Travis Gregory Employee Organization: CSEA Chapter 472 RE: Negotiations 2. NEGOTIATIONS UNDER THE EDUCATIONAL EMPLOYMENT RELATIONS ACT Conference with District Negotiators: John Lau and Travis Gregory Employee Organization: IVC Chapter of CCA/CTA/NEA RE: Negotiations Update and Direction 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Superintendent/President 4. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE OPEN SESSION M/S/C Ramirez/Galindo to go into OPEN SESSION at 8:42 p.m. Trustee Galindo joined for items 3 & 4.

1. Information was provided direction given. 2. Information was provided direction given. 3. Unanimous Vote to Accept performance evaluation of President. 4. Information was given and direction given.

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Board Agenda Page 12 of 19 Imperial Community College District June 17, 2009 Board of Trustees Regular Meeting

CONSENT AGENDA – HUMAN RESOURCES Trustee Galindo pulled Resolution No. 14380 M/S/C Cardenas/Hart Resolution No. 14398: Classified Retirement BE IT RESOLVED that the Board accepts, with sincere regret, the retirement of Maria Del Rosario Castro Garcia, Staff Secretary I effective October 1, 2009. BE IT RESOLVED that sincere appreciation be expressed for her 29 ½ years of devoted service to Imperial Valley College. M/S/C Cardenas/Hart Resolution No. 14399: Faculty Retirement BE IT RESOLVED that the Board accepts, with sincere regret, the retirement of Professor Sherry Zobell, effective at the end of the spring semester 2009. BE IT RESOLVED that sincere appreciation be expressed for her 9 ½ years of devoted service to Imperial Valley College. M/S/C Cardenas/Hart Resolution No. 14400: Sabbatical Leave BE IT RESOLVED that the Board approves the recommendation of the President/Superintendent (June 1, 2009) to award Lincoln Davis, English Professor, a sabbatical leave for August 24, 2009 – December 12, 2009, the Fall semester. M/S/C Cardenas/Hart Resolution No. 14401: Adjunct Counselor Employment BE IT RESOLVED that the Board approves the recommendation of the Superintendent/President for the following personnel and possible assignments during the summer session 2009, at the hourly rate provided for in Resolution No. 14166. Employment is contingent upon verification of records, credentials, finger printing clearance and continued funding of any grant indicated, and approval of Student Services: Name Position Funding Bill, Emily Counselor State/District Garcia, Rosario Counselor State Herrera, Cynthia Counselor State Neely, Maria Counselor State Ragland, Lisa Counselor State/District Scott, Norma Counselor State/District Soto, Veronica Counselor State/District Spears, Wayne Counselor District

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Board Agenda Page 13 of 19 Imperial Community College District June 17, 2009 Board of Trustees Regular Meeting

Trevino, Elizabeth Counselor State/District Vega, Olga Counselor Federal M/S/C Cardenas/Hart Resolution No. 14402: Outreach Counseling Specialist Employment BE IT RESOLVED that the Board approves the recommendation of the Superintendent/President for the following personnel and possible assignments during the summer 2009 session, at the hourly rate provided for in Resolution No. 13819. Employment is contingent upon verification of records, credentials, finger print clearance and continued funding of any grant indicated, and approval of Student Services: Name Position Funding Amezquita, Julie Counselor Federal Avelar, Irma Counselor Federal Cabrera, Hector Counselor Federal Carrera, Jose Counselor Federal Hernandez, Eduardo Counselor Federal Vasquez, Lorena Counselor Federal Vizcarra, Margarita Counselor Federal M/S/C Cardenas/Hart Resolution No. 14403: Full-Time Faculty Employment BE IT RESOLVED that the Board approves the following full-time, academic personnel be employed for the 2009-2010 academic year: Name Classification/Step Assignment McClain, John Appropriate Classification English Instructor and Step Contingent Upon Verification of Records M/S/C Cardenas/Hart Resolution No. 14404: Non-Credit Adjunct Instructor Employment BE IT RESOLVED that the Board approves the recommendation of the Superintendent/President for the following personnel and possible assignments during the summer 2009 session, at the hourly rate provided for in Resolution No. 12945. Employment is contingent upon verification of records, credentials, finger print clearance and continued funding of any grant indicated, and approval of Academic Services: Name Possible Assignment Almousouti, Basel Business Brister, Gloria Business Garcia, Norma Business Martinez, Berenice Business Vasquez, Melisa Business

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Unadopted Minutes Page 14 of 19 Imperial Community College District June 17, 2009 Board of Trustees Regular Meeting

M/S/C Cardenas/Hart Resolution No. 14405: Extended Leave of Absence WHEREAS, employee is requesting an extended sick leave of absence effective May 6, 2009 through June 30, 2009. WHEREAS, the extended leave of absence is being requested pursuant to CSEA Contract, Article 11.2. NOW,THEREFORE, BE IT RESOLVED the Board approves the recommendation of the Superintendent/President to approve an initial request for an extended leave of absence due to a non-industrial illness for Leticia Petty, Staff Secretary II. M/S/C Cardenas/Hart Resolution No. 14406: Volunteer Employment BE IT RESOLVED that the Board approves the recommendation of the Superintendent/President to employ Erica Hernandez as a volunteer office assistant who shall be covered by Workers’ Compensation Insurance effective June 4, 2009 through July 31, 2009. BE IT FURTHER RESOLVED that thanks be hereby extended to Erica Hernandez for her volunteering in the President’s Office and for her contribution to Imperial Valley College. M/S/C Cardenas/Hart Resolution No. 14407: Classified Service Reclassification Correction BE IT RESOLVED that the Board approves the recommendation of the Superintendent/President to reclassify the following classified employee effective July 1, 2009 with the corrected funding source as follows. Present New Name Classification Classification Olea, Technology Support Technician Microcomputer Technician Martha Range 21 Range 23 District 75%/Federal 25% District 75%/Federal 25%

Federal 75%/ District 25% Federal 75%/ District 25% M/S/C Cardenas/Hart Resolution No. 14408: Employee Conflict Resolution Form WHEREAS, the District is promoting an informal conflict management procedure by implementing the use of a Conflict resolution form. WHEREAS, by completing the Conflict Resolution form, the employee/District agrees to informally resolve internal disputes or disagreements that do not rise to the level of discrimination, sexual harassment, or contract grievances.

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Unadopted Minutes Page 15 of 19 Imperial Community College District June 17, 2009 Board of Trustees Regular Meeting

BE IT RESOLVED that the Superintendent/President recommends approval with recommendations from the Environmental Health and Safety Committee (May 18, 2009) and College Council (June 8, 2009) to use the following Conflict Resolution Form:

EMPLOYEE CONFLICT RESOLUTION FORM This form is meant to serve as an optional way to allow employees to help informally resolve conflicts that don’t rise to the level of discrimination, sexual harassment, or contract grievances. Those types of complaints have specific procedures, mandated by law, and you should contact the Human Resources office for assistance.

Name: Date: Position: Immediate Supervisor:

1. Please outline the concern(s), which resulted in your decision to initiate this process. Specific examples / dates detailing your concern(s) are encouraged. Ensure to include the impact it has on the work environment. Feel free to attach additional pages if more space is necessary.

2. What specific remedies would help resolve this issue? Employee’s Signature: Date:

Upon completion, submit to Human Resources. The form will then be forwarded through your chain of command. Within 15 working days the supervisor /administrator will respond to you in writing and will ask you to indicate if the issue has been resolved to your satisfaction (simply circle “Yes” or “No” below). M/S/C Cardenas/Hart (ABSTAIN: Galindo) POSTPONED FROM MAY 20, 2009 BOARD MEETING Resolution No. 14380: Board Policy Revision of BP 3720 – Computer and Network Use Policy Discussion Trustee Galindo stated that she would be abstaining as she had not reviewed the resolution. Board President Acuña had some questions regarding the excessive use regarding chain letters under unauthorized use. There was some discussion regarding the language associated with the excessive language.

Date received in Human Resources Received by ____________ Date submitted to Immediate Supervisor Received by Resolved: Yes No Date submitted to area Administrator Received by Resolved: Yes No Date submitted to area Vice President Received by Resolved: Yes No Date submitted to President/Superintendent Received by Resolved: Yes No

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Resolution WHEREAS, The College recognizes the need to effectively use computer technology to further enhance the educational goals of the District. WHEREAS, the purpose of this policy is to ensure that all computer and network resources are used in a responsible, effective, ethical, and lawful manner. Users are expected to learn and follow established standards of conduct and responsible behavior in their use of computer resources. WHEREAS, use of the District’s computers and access to the network is a privilege; a user who is found to have violated any of the procedures outlined on this policy may lose his/her access and may be subject to disciplinary action. NOW, THEREFORE, BE IT RESOLVED that the Board approves the recommendation of the Technology Committee (2-19-09) and College Council (5-11-09), with the consent of the Superintendent/President to amend the District Board Policy 3720 Computer and Network Use effective June 1, 2009 as follows: BP 3720 Computer and Network Use Reference: 17 U.S.C. Section 101 et seq.; Penal Code Section 502, Cal. Const., Art. 1 Section 1; Government Code Section 3543.1(b); Federal Rules of Civil Procedure, Rules 16, 26, 33, 34, 37, 45 The District Computer and Network systems are the sole property of Imperial Valley College (the district). They may not be used by any person without the proper authorization of the District. The Computer and Network systems are for District instructional and work related purposes only.

This procedure applies to all District students, faculty, and staff and to others granted use of District information resources. This procedure refers to all District information resources whether individually controlled or shared, stand-alone or networked. It applies to all computer and computer communication facilities owned, leased, operated, or contracted by the District. This includes personal computers, workstations, mainframes, minicomputers, and associated peripherals, software and information resources, regardless of whether used for administration, research, teaching, or other purposes.

Conditions of Use. Individual units within the District may define additional conditions of use for information resources under their control. These statements must be consistent with this overall procedure but may provide additional detail, guidelines and/or restrictions.

Legal Process. This procedure exists within the framework of the District Board Policy and state and federal laws. A user of District information resources who is found to have violated any of these policies will be subject to disciplinary action as provided in relevant employment agreements.

Copyrights and Licenses. Computer users must respect copyrights and licenses to software and other on-line information.

Copying - Software protected by copyright may not be copied except as expressly permitted by the owner of the copyright or otherwise permitted by copyright law. Protected software may not be copied into, from, or by any District facility or system, except pursuant to a valid license or as otherwise permitted by copyright law.

Number of Simultaneous Users - The number and distribution of copies must be handled in such a way that the number of simultaneous users in a department does not exceed the number of original copies purchased by that department, unless otherwise stipulated in the purchase contract.

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Copyrights - In addition to software, all other copyrighted information (text, images, icons, programs, etc.) retrieved from computer or network resources must be used in conformance with applicable copyright and other law. Copied material must be properly attributed. Plagiarism of computer information is prohibited in the same way that plagiarism of any other protected work is prohibited.

Integrity of Information Resources. Computer users must respect the integrity of computer-based information resources.

Modification or Removal of Equipment - Computer users must not attempt to modify or remove computer equipment, software, or peripherals that are owned by others, unless they have received proper authorization.

Unauthorized Use - Computer users must not interfere with others access and use of the District computers. This includes but is not limited to the sending of chain letters or excessive messages, either locally or off-campus; printing excess copies of documents, files, data, or programs, beyond those needed to perform the work of the District; running grossly inefficient programs when efficient alternatives have been provided by the District; modifying without proper authorization system facilities, operating systems, or disk partitions; attempting to crash or tie up a District computer or network; and damaging or vandalizing District computing facilities, equipment, software or computer files.

Unauthorized Programs - Computer users must not intentionally develop or use programs which disrupt other computer users or which access private or restricted portions of the system, or which damage the software or hardware components of the system. Computer users should take appropriate, reasonable measures to ensure that they do not use programs or utilities that interfere with other computer users or that modify normally protected or restricted portions of the system or user accounts. The intentional, malicious use of any unauthorized or destructive program will result in disciplinary action as provided in relevant employment agreements, and may further lead to civil or criminal legal proceedings.

Unauthorized Access. Computer users must not seek to gain unauthorized access to information resources and must not assist any other persons to gain unauthorized access.

Abuse of Computing Privileges - Users of District information resources must not access computers, computer software, computer data or information, or networks without proper authorization, or intentionally enable others to do so. Additionally, abuse of the networks to which the District belongs or the computers at other sites connected to those networks will be treated as an abuse of District computing privileges. Users who abuse these privileges and/or these procedures may lose their access and be subject to disciplinary action.

Reporting Problems - Any defects discovered in system accounting or system security must be reported promptly to the appropriate system administrator so that steps can be taken to investigate and solve the problem.

Password Protection - A computer user who has been authorized to use a password-protected account may be subject to both civil and criminal liability if the user discloses the password or otherwise makes the account available to others who intend to use this information for fraudulent, malicious or illegal purposes and the computer user knew or should have reasonably known of that person’s intent.

Usage. Computer users must respect the rights of other computer users. Attempts to circumvent these mechanisms in order to gain unauthorized access to the system or to another person’s information are a violation of District procedure and may violate applicable law.

Unlawful Messages - Users may not use electronic communication facilities to send defamatory, fraudulent, harassing, obscene, threatening, or other messages that violate applicable federal, state, or other law or District policy, or which constitute the unauthorized release of confidential information.

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Information Belonging to Others - Users must not intentionally seek or provide information on, obtain copies of, or modify data files, programs, or passwords belonging to other users, without the permission of those other users.

Rights of Individuals - Users must not release any individual’s (student, faculty, and staff) personal information except in the circumstances allowed under law or contract.

User identification - Users shall not send communications or messages anonymously or without accurately identifying the originating account or station.

Political, Personal and Commercial Use - The District is a non-profit, tax-exempt organization and, as such, is subject to specific federal, state, and local laws regarding sources of income, political activities, use of property, and similar matters.

Political Use - District information resources must not be used for partisan political activities where prohibited by federal, state, or other applicable laws.

Personal Use - District information resources should not be used for personal activities that interfere in any way with the use of District information resources for official district business.

Commercial Use – Electronic communication facilities may not be used to transmit commercial advertisements, solicitations, or promotions, with the exception of commercial activities that are for the exclusive and sole benefit of the District, officially sanctioned student groups or clubs, or the Imperial Valley College Foundation. Further, District employees may use the District intranet to transmit to other District employees materials of a commercial nature as long as those employees have expressed a direct interest in said materials and as long as transmission of said materials does not interfere in any way with the use of District information resources for official District business. Users also are reminded that the “.cc” and “.edu” domains on the Internet have rules restricting or prohibiting commercial use, and users may not conduct activities not appropriate within those domains.

Nondiscrimination. All users have the right to be free from any conduct connected with the use of the Imperial Valley College network and computer resources which discriminates against any person on the basis of national origin, religion, age, sex (gender), race, color, medical condition, ancestry, sexual orientation, marital status, gender preference, physical or mental disability, or because he or she is perceived to have one or more of the foregoing characteristics, or based on association with a person or group with one or more of these actual or perceived characteristics. No user shall use the District network and computer resources to transmit any message, create any communication of any kind, or store information which violates any District procedure regarding discrimination or harassment, or which is legally defined as defamatory or obscene, or which constitutes the unauthorized release of confidential information.

Disclosure No Expectation of Privacy - The District reserves the right to monitor all use of the District network and computer to assure compliance with these policies. Users should be aware that they have no expectation of privacy in the use of the District network and computer resources. The District will exercise this right only for legitimate District purposes, including but not limited to ensuring compliance with this procedure and the integrity and security of the system.

Possibility of Disclosure - Users must be aware of the possibility of unintended disclosure of communications.

Retrieval - It is possible for information entered on or transmitted via computer and communications systems to be retrieved, even if a user has deleted such information.

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Public Records - The California Public Records Act (Government Code Sections 6250 et seq.) includes computer transmissions in the definition of “public record,” and nonexempt communications made on the District network and computer must be disclosed if requested by a member of the public.

Litigation - Computer transmissions and electronically stored information may be discoverable in litigation.

Overtime Prior approval required. The Fair Labor Standards Act (FLSA) requires that each employee be paid appropriately for eligible overtime hours worked. These provisions do not apply to employees who are exempt from overtime compensation.

1. No time spent in any activity on the District’s Electronic Communications Resources for the benefit of the District may be done outside of the employee’s scheduled work hours without advance approval from his or her supervisor. In an emergency, an employee may perform the work but must notify the supervisor as soon as possible and by the end of that same day. If the supervisor denies a request to work overtime, then the employee must obey that directive.

2. All time spent outside of the employee’s scheduled hours must be reported on the District’s time reporting form so that they are paid appropriately. Employees may not choose to work and not request compensation. All legitimate overtime must be compensated.

Dissemination and User Acknowledgment All users shall be provided copies of these procedures and be directed to familiarize themselves with them. A signed copy of the acknowledgement and agreement will be placed in all employee personnel files.

ADJOURNMENT M/S/C Ramirez/Hart to ADJOURN the meeting at 8:47 p.m. The next regular meeting of the Imperial Community College District Board of Trustees is scheduled for the THIRD WEDNESDAY, JULY 15, 2009, AT 6:00 P.M. in the Administration Building Board Room. Adopted this _____ day of _______________, 2009. _________________________________________ ICCD Board President _________________________________________ ICCD Board Secretary

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  Accrediting Commission for Community and Junior Colleges 

2008‐2009 Annual Report Form 

 

2008-2009 ACCREDITATION ANNUAL REPORT Accrediting Commission for Community and Junior Colleges

DUE BY June 30, 2009

1) Name of College: Imperial Community College District

2) College Address: 380 E. Aten Road, P. O. Box 158, Imperial, CA 92251

3) City, State, Zip: Imperial, CA 92251

4) Prepared by/Title: Kathy Berry, Vice President for Academic Services

5) Telephone: (760) 355-6213

6) E-mail: [email protected]

INSTRUCTIONS

Please respond to all of the questions. Enlist the assistance of appropriate individuals in your institution to ensure the accuracy of information submitted. As you respond to the following questions, please consider “new” to mean only those changes which have occurred since the college’s last Annual Report unless otherwise indicated. Include any updates or approved substantive changes since the last Annual Report. 7) Indicate any change in the official name, address, or control of the institution.

There has been no change in the official name, address or control of the institution.

8) What is the institution’s overall course completion rate for the fall 2008 semester? Indicate by percentage: 65.6% (Course completion is the percentage of officially-registered students at the time of census who complete the course with a passing grade. Please indicate what your institution requires for a passing grade.) The percentage for the 2007 – 2008 Accreditation Annual Report should be 63.0% based on the above definition, instead of 80.6% as submitted.

9) Has the institution’s course completion rate decreased by 5% or more this past year?

Yes_____ No X____ 10) If “yes” to item #9 above, what is the percentage decrease? _______%.

N/A

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  Accrediting Commission for Community and Junior Colleges 

2008‐2009 Annual Report Form 

 

11) Total FTES enrollment in credit degree applicable courses:

In fall 2008, total FTES enrollment in credit degree applicable courses was 2,646.70. 12) Total FTES enrollment in pre-collegiate credit courses which are non-degree applicable:

In fall 2008, total FTES enrollment in pre-collegiate credit courses was 551.82.

13) Total FTES of international students: 4.01% for fall 2008. 14) Does your institution collect data on state licensing examination results for

career/technical programs? Yes X No_____. 15) If “yes” to item #14 above, list the licensure exam pass rate for each career/technical

program since last year’s Annual Report (Rate = # passing ÷ # attempting).

Name of Program Licensure Exam Pass Rate

Associate Degree Nursing 66.07%

Vocational Nursing 66.3%

Emergency Medical Technician – Paramedic 50%

16) Have the institution’s licensure exam pass rates declined by 10% or more this past year? Yes X No_____.

17) If “yes” to item #16 above, by what percentage?

Name of Program Licensure Exam Pass Rate Percentage of Decline

Associate Degree Nursing 12.0%

Vocational Nursing 13.0%

Emergency Medical Technician – Paramedic N/A 18) Does your institution collect information on job placement rates for its career/technical

programs? Yes ______ No X 19) If “yes” to item #18 above, list the job placement rate for each career/technical program

since last year’s Annual Report (Rate = # placed ÷ # graduates in each program). N/A

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  Accrediting Commission for Community and Junior Colleges 

2008‐2009 Annual Report Form 

 

20) Have the institution’s job placement rates declined by 10% or more this past year? Yes_____ No ______ N/A

21) If “yes” to item #20 above, by what percentage? ______%?

N/A

22) List all sites or campuses, since the last Annual Report, at which students can complete 50% or more of the credits for a degree or certificate program, and list the programs for which 50% or more of the credits may be earned at each site or campus. Also, report when these sites or campuses began operating. Students can complete at least 50% of the credits for a degree or certificate program at the following sites: Programs: All Programs Site/Campus: Main Campus (Year of Operation, 1959)

At least 50% of the following certificate programs may be completed at the site or campus: Programs: Legal Assistant, Firefighter I, Health Assistant Certificate, Electrical Trades Certificate Site/Campus: El Centro Extended Campus (Year of Operation, 1975)

23) List new courses and programs offered at sites or campuses outside the geographic region (but within the U.S.) served by the college since the last Annual Report. No new courses and programs are offered at sites or campuses outside the geographic region (but within the United States) serviced by the college since the last Annual Report.

24) List and describe any programs which were added to the college curriculum since the last Annual Report, regardless of location, that represent a significant departure in either content or method of delivery. Please indicate whether each program is offered at the degree or certificate level and if the programs are for credit or non-credit. (Refer to the ACCJC web site www.accjc.org for Substantive Change Policy.)

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  Accrediting Commission for Community and Junior Colleges 

2008‐2009 Annual Report Form 

 

25) Describe new programs for which 50% or more of the credits are offered through a mode

of distance or electronically mediated delivery. Do not include study abroad programs. The college does not offer any programs in which 50% or more of the credits are offered through a mode of distance or electric delivery.

26) What is the total FTES enrollment for fall 2008 in all types of distance or electronically mediated delivery offered? 143.8 FTES

27) List courses offered in a distance or electronically mediated delivery mode for the first time since the last Annual Report submission. AJ/CSI 102, Concepts of Criminal Law 

BIOL 100, Principles of Biological Science 

CIS 208, Programming in Java 

ENGL 102, Introduction to Literature 

LBRY 153, Library Public Services 

PE 210, Introduction to Physical Education 

SPAN 100, Elementary Spanish I 

SPCH 100, Oral Communication 

INSTRUCTIONS

STUDENT LEARNING OUTCOMES: Update the college’s progress with course, certificate, degree, and general education expected Student Learning Outcomes identification, assessment, analysis and use of assessment results for institutional evaluation, planning and improvement. Respond to questions 28 – 41 below. 28) Percent of courses with SLOs: 84.0% 29) Percent of programs with SLOs: 10.0% 30) Percent of courses with on-going assessment: 84.9% 31) Percent of programs with on-going assessment: 10.0% 32) Have institutional-level SLOs been developed? Yes X No_____. 33) What percent of student and learning support activities have SLOs identified?

Student support activities 100.0%; learning support activities 80.0%

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  Accrediting Commission for Community and Junior Colleges 

2008‐2009 Annual Report Form 

 

34) Percent of learning support activities with on-going assessment? 90.0% 35) List and describe any programs for non-US nationals the institution conducts or plans to

conduct outside the U.S. Do not include study abroad programs for the institution’s native students. Has the institution submitted a Substantive Change Proposal for this/these activities? None.

36) List and describe any articulation agreements or Memoranda of Understanding with non-US institutions. Has the institution submitted a Substantive Change Proposal for this/these activities? None.

37) Has the institution entered into new contracts with non-regionally accredited organizations which provide courses or programs on behalf of the institution? Yes_____ No X

38) If “yes” to item #37 above, please complete questions #39, #40, and #41 below.

N/A

39) Which courses or instructional programs are provided? N/A

40) Which student and learning support services are provided? N/A

41) Describe the level of control the institution exercises over the contract. N/A

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CAL IFORNIA  SCHOOL  EMPLOYEES  ASSOC IAT ION  

CHAPTER  #  472  

AND  

IMPER IAL  COMMUNITY  COLLEGE  DISTR ICT  

 

 

 

 

 CO L L E C T I V E   BA RGA I N I N G   AG R E EM E N T  

J U LY   1 ,   2 0 0 4   TO   J U N E   3 0 ,   2 0 0 8  

 

ADRIANA SANO
Typewritten Text
EXHIBIT A
ADRIANA SANO
Typewritten Text
ADRIANA SANO
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ADRIANA SANO
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AGREEMENT

Between

CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION

CHAPTER 472

And

IMPERIAL COMMUNITY COLLEGE DISTRICT

July 1, 2004 - June 30, 2008

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TABLE OF CONTENTS Article Subject Page 1 RECOGNITION.................................................................................................7 2 EQUAL EMPLOYMENT OPPORTUNITY/DIVERSITY, TITLE IX EMPLOYER

........................................................................................................................8 3 ASSOCIATION RIGHTS .................................................................................9 3.1 Use of Buildings, Equipment, Facilities, Materials .............................................9 3.2 Communication and Distribution of Organizational Materials ............................9 3.3 Access ...................................................................................................................9 3.4 Parking .................................................................................................................9 3.5 Requests for Information ......................................................................................9 3.6 Personnel Files .....................................................................................................9 3.7 Rosters ................................................................................................................10 3.8 Agency Shop ......................................................................................................10 3.9 Distribution of Agreement .................................................................................12 3.10 Released Time ....................................................................................................12 3.11 Lounge Area.......................................................................................................12 3.12 Statewide CSEA Committees ............................................................................12 3.13 Information Packets ...........................................................................................12 4 EMPLOYEE RIGHTS ....................................................................................13 4.1 General ...............................................................................................................13 4.2 Personnel Files ...................................................................................................13 4.3 Parking ...............................................................................................................13 4.4 Non-Discrimination ...........................................................................................13 4.5 Classified as Faculty Adjunct………………………………………………….13 5 DISTRICT RIGHTS ........................................................................................14 5.1 General ...............................................................................................................14 5.2 Personnel/Employees .........................................................................................14 5.3 Exceptions ..........................................................................................................14 5.4 Officers and Committee Chairs .........................................................................14 6 EMPLOYMENT ..............................................................................................15 6.1 Pre-employment Activities (2 + 2 Meeting) ......................................................15 6.2 Employment Activities ......................................................................................15 6.3 Probationary Period ...........................................................................................15 6.4 Permanent Employee .........................................................................................16

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6.5 Probationary Period After Classification Change Through Hiring Process ......16 6.6 Part-Time Employment ......................................................................................16 6.7 Nine (9) Month Employee .................................................................................16 6.8 Ten (10) Month Employee .................................................................................17 6.9 Eleven (11) Month Employee ............................................................................17 6.10 Twelve (12) Month Employee ...........................................................................17 6.11 Assignments at Times Other Than Regular Academic Year .............................17 6.12 Reinstatement of Permanent Employees After Resignation ..............................18 6.13 Union Representative .........................................................................................18 7 PERFORMANCE EVALUATIONS ..............................................................19 7.1 Evaluation Period ...............................................................................................19 7.2 Evaluation Criteria .............................................................................................19 7.3 Employee Rights ................................................................................................19 7.4 Documentation ...................................................................................................19 8 SALARY ...........................................................................................................20 8.1 General ...............................................................................................................20 8.2 New Employee Placement on the Salary Schedule ...........................................20 8.3 Anniversary Date ...............................................................................................20 8.4 Step Increases.....................................................................................................20 8.5 Pay Period ..........................................................................................................21 9 RECLASSIFICATION OF POSITION AND CLASSIFICATION OF NEW

POSITIONS ......................................................................................................22 9.1 Definition ...........................................................................................................22 9.2 Criteria ...............................................................................................................22 9.3 Procedure ...........................................................................................................22 10 INSURANCE ....................................................................................................25 10.1 Unit Members ....................................................................................................25 10.2 Early Retirement Program .................................................................................25 10.3 Medicare Supplement for Retirees and Miscellaneous Insurance Provisions ...25 11 LEAVES............................................................................................................27 11.1 Sick Leave ..........................................................................................................27 11.2 Extended Sick Leave ..........................................................................................28 11.3 Additional Leave for Nonindustrial Accident or Illness (Education Code Section 88195) ..................................................................................................28 11.4 Industrial Accident and Illness Leave ................................................................29 11.5 Rights of Employee Returning From Leave ......................................................30

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11.6 Reinstatement of Permanent Employees After Resignation ..............................30 11.7 Use of State Disability Insurance .......................................................................30 11.8 Use of Paid Family Leave Insurance Benefits ...................................................31 11.9 Personal Necessity Leave ..................................................................................32 11.10 Bereavement Leave ............................................................................................33 11.11 Pregnancy and Childbirth Leave ........................................................................33 11.12 Maternity Leave .................................................................................................34 11.13 Family and Medical Leave Act and California Family Rights Act ...................34 11.14 Family School Partnership Act-CA Labor Code Section 230.8 ........................34 11.15 Kin Care .............................................................................................................34 11.16 Jury Duty ............................................................................................................35 11.17 Military Leave ....................................................................................................35 11.18 Leave Without Pay .............................................................................................36 11.19 Other Leaves of Absence ...................................................................................36 11.20 Catastrophic Leave Pool Program .....................................................................36 12 VACATIONS....................................................................................................40 12.1 General ...............................................................................................................40 12.2 Vacation Accrual Rates ......................................................................................40 12.3 Vacation Periods ................................................................................................41 12.4 Illness During Vacation .....................................................................................41 12.5 Pay for Unused Vacation ...................................................................................41 13 HOLIDAYS ......................................................................................................42 14 SPRING BREAK .............................................................................................43 15 HOURS, OVERTIME, OTHER CONDITIONS ..........................................44 15.1 Workday and Workweek ...................................................................................44 15.2 Rest Periods .......................................................................................................44 15.3 Lunch Periods ....................................................................................................44 15.4 Call Back ............................................................................................................44 15.5 Working Out of Classification ...........................................................................44 15.6 Overtime for Part-Time Employees ...................................................................45 15.7 Benefits for Part-Time Employees .....................................................................45 15.8 Overtime ............................................................................................................45 15.9 Compensatory Time Off ....................................................................................46 15.10 Holiday Pay ........................................................................................................47 15.11 Night Shift Differential ......................................................................................47 15.12 Notification of Shift Change ..............................................................................47 15.13 Conference Travel ..............................................................................................47 16 TRANSFER AND REASSIGNMENT ...........................................................48

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16.1 Definitions..........................................................................................................48 16.2 Criteria ...............................................................................................................48 16.3 Procedure ...........................................................................................................49 17 LAYOFFS .........................................................................................................51 17.1 Definitions..........................................................................................................51 17.2 Notice of Layoffs ...............................................................................................52 17.3 Order of Layoffs ................................................................................................52 17.4 Alternatives to Layoff ........................................................................................53 17.5 Displacement Procedure ....................................................................................53 17.6 Re-employment Rights ......................................................................................54 17.7 Insurance Provisions ..........................................................................................55 17.8 Accrued Vacation/Compensatory Time ............................................................55 17.9 Seniority .............................................................................................................55 17.10 Substitutes ..........................................................................................................56 17.11 Miscellaneous ....................................................................................................56 18 GRIEVANCE PROCEDURE ...................................................................57 18.1 Purpose ...............................................................................................................57 18.2 Definitions..........................................................................................................57 18.3 General Provisions .............................................................................................57 18.4 Procedure ...........................................................................................................58 19 DISCIPLINARY PROCEDURE ....................................................................61 19.1 Introduction ........................................................................................................61 19.2 Definitions..........................................................................................................61 19.3 Progressive Discipline Procedure ......................................................................62 19.4 Grounds for Demotion, Suspension or Dismissal ..............................................67 20 PROFESSIONAL GROWTH PROGRAM ..................................................69 21 SEPARABILITY AND SAVINGS .................................................................73 22 COMPLETION OF MEETING AND NEGOTIATING .............................74 23 SAFETY ............................................................................................................75 24 EFFECT OF AGREEMENT ..........................................................................76 25 TERM OF AGREEMENT ..............................................................................77

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EXHIBITS EXHIBIT A VOLUNTARY RECOGNITION AGREEMENT EXHIBIT B CLASSIFIED POSITIONS BY SALARY RANGE & SPECIFICATION 2008-09 EXHIBIT C CLASSIFIED SALARY SCHEDULE #3 2007-08 EXHIBIT D MEMORANDUMS OF UNDERSTANDING / AGREEMENTS / SIDE LETTERS

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ARTICLE 1 RECOGNITION The Board of Trustees of the Imperial Community College District, hereinafter referred to as the "Board" or "District," hereby recognizes the California School Employees Association, Imperial Valley College Chapter 472, hereinafter referred to as the "Association" or "CSEA," as the sole and exclusive representative of those classified positions listed in the Recognition Agreement, executed and attached hereto as EXHIBIT A. The Board agrees that it will not negotiate with any other organization on matters upon which the Association is the exclusive representative, and it further agrees it will negotiate only with those persons designated by the Association as representatives of CSEA for the purposes of negotiations. The Association recognizes the Board as the duly elected representative of the people and agrees to negotiate only with the Board's representatives officially designated by the Board to act in its behalf. CSEA further agrees that neither it nor any of its members or agents will attempt to negotiate privately or individually with the Board, any Board member, administrator or other person or persons not officially designated by the Board as its representative for the purposes of negotiations.

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ARTICLE 2 EQUAL EMPLOYMENTOPPORTUNITY/DIVERSITY, TITLE IX

EMPLOYER The Imperial Community College District is an equal employment opportunity, Title IX employer. (See District Equal Employment Opportunity Policy and Title IX Policy for complete program.)

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ARTICLE 3 ASSOCIATION RIGHTS 3.1 Use of Buildings, Equipment, Facilities, Materials Upon advance request, and depending upon availability, the Association shall have the

right to use, without charge, institutional equipment, facilities and buildings at reasonable times. However, use of such equipment, buildings and facilities for instructional purposes shall take priority. The Association shall reimburse the District, at District cost, for use of materials.

3.2 Communication and Distribution of Organizational Materials

The Association shall have the right to use, without charge, designated bulletin boards, mailboxes, the College website as approved by the Superintendent/President, the College mail, e-mail, and voice mail systems, and other District means of electronic communications for the posting or transmission of information or notices concerning Association matters. Only those organizational materials officially authorized by the Association Chapter President shall be placed in mailboxes or posted. The Association agrees to provide to the Superintendent a courtesy copy of each organizational material at the time it is posted or distributed.

3.3 Access

Association representatives shall have the right of access to areas in which employees work. Association representatives may engage in recruiting activities and conduct official Association business including representation in grievance procedure matters on District property. Within thirty (30) calendar days of ratification of this Agreement by both parties, the Association shall provide the District with the names, titles, addresses, and telephone numbers of Association representatives.

3.4 Parking

A campus parking identification card or sticker shall be provided to the designated local representative of the Association.

3.5 Requests for Information

In order to fulfill its responsibilities as the exclusive representative of classified employees, the Association will be provided upon request two (2) copies of any current published District report including the tentative and adopted budgets, public records, and other materials pertaining to matters of collective bargaining.

3.6 Personnel Files

The Association shall have the right to review the personnel files of bargaining unit members under the same terms and conditions described in the EMPLOYEE RIGHTS

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article of this Agreement, and upon the written authorization of the member or when the member accompanies the Association representative.

3.7 Rosters

The names, addresses and telephone numbers of unit members as provided to the District by unit members themselves shall be provided to the Association within thirty (30) calendar days of the beginning of each Fall semester. Bargaining unit members may request in writing that their addresses and telephone numbers not be included on the bargaining unit roster.

3.8 Agency Shop 3.8.1 Check Off

CSEA shall have the sole and exclusive right to have membership dues and service fees deducted for employees in the bargaining unit by the District. The District shall, upon appropriate written authorization from any employee, deduct and make appropriate remittance for insurance premiums, credit union payments, savings, bonds, charitable donations, or other plans or programs jointly approved by CSEA and the District. The District shall pay to the designated payee within fifteen (15) days of the deduction all sums so deducted.

3.8.2 Dues Deductions 3.8.2.1 The District shall deduct, in accordance with the CSEA dues and service fee schedule,

dues from the wages of all employees who are members of CSEA on the date of the execution of this agreement, and who have submitted dues authorization forms to the District.

3.8.2.2 The District shall deduct dues, in accordance with the dues and service fee schedule, from

the wages of all employees who, after the date of execution of this agreement, become members of CSEA and submit to the District a dues authorization form.

3.8.2.3 The District shall immediately notify the CSEA Job Representative if any member

revokes a dues authorization. 3.8.3 Service Fee 3.8.3.1 CSEA and the District agree that each employee in the bargaining unit should contribute

equally toward the cost of administration of this agreement by CSEA and for the representation of employees in the bargaining unit by CSEA.

3.8.3.2 Employees in the bargaining unit who are not members of CSEA on the effective date of

this agreement and employees who hereafter come into the bargaining unit shall, as a condition of continued employment, either within thirty (30) days of the date of this

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agreement or their employment, apply for membership and execute an authorization for dues deduction on a form provided by CSEA done in accordance with the CSEA service fee schedule. Failure on the part of the employee to comply with this provision shall be cause for termination.

3.8.3.3 However, nothing contained herein shall prohibit an employee from paying service fees

directly to CSEA, in accordance with CSEA procedures. 3.8.3.4 In the event that an employee revokes a dues or service fee authorization or fails to make

arrangements with CSEA for the direct payment of service fees, the District shall deduct service fees until such time as CSEA notifies the District that arrangements have been made for the payment of such fees.

3.8.4 Religious Objection

Any employee covered by this agreement who is a member of a religious body whose traditional tenets include objections to joining or financially supporting employee organizations shall not be required to join, maintain membership in or financially support any employee organization as a condition of employment, except that once such employee has submitted evidence to CSEA which proves that he/she sincerely holds such beliefs will be required, in lieu of a service fee, to pay sums equal to such service fee either to a non-religious, non-labor organization, charitable fund exempt from taxation under Section 501(c)(3) of Title 26 of the Internal Revenue Code, chosen by such employee from the following list of three:

(1) United Way (2) American Heart Association (3) IVC Classified Scholarship Fund (to be administered by the IVC Foundation)

3.8.5 Deduction and Payment of Charitable Contributions

Any employee who belongs to a religious body described herein shall, within thirty (30) days of the date of this agreement or their employment, present proof to CSEA that they are a member of such religious body and shall execute a written authorization for the payroll deduction in an amount equal to the service fee payable to one of the three (3) organizations listed in Section 3.8.4 of this agreement, or in the alternative, such employee shall provide proof to the District that such payments have been made on an annual basis as a condition of continued exemption from the requirement of financial support to the exclusive representative. If such employee who holds conscientious objections pursuant to this section requests the employee organization to use the grievance procedure or arbitration procedure on the employee’s behalf, the employee organization is authorized to charge the employee for the reasonable cost of using such procedure.

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3.9 Distribution of Agreement

The District agrees to furnish copies of this Agreement to each member of the bargaining unit within sixty (60) calendar days of its ratification by both parties.

3.10 Released Time

The Association Chapter President and/or his designee and Association representatives shall be granted reasonable release time for such matters as administration of this Agreement, “problem solving” sessions, negotiations, and/or other occasions agreed upon by the Association and the District.

Also, the District agrees to grant released time and to pay for the travel and meals, at current District rates, for three (3) Association representatives to attend the statewide annual CSEA conference. Finally, the District agrees to pay for the lodging of two (2) Association representatives during their attendance at the annual CSEA conference.

3.10.1 Released Time for Attendance at Governance and Ad Hoc Presidential Committee

Meetings

Members will be released whenever feasible to attend meetings of governance and ad hoc committees to which they are appointed by CSEA at the request of the Superintendent/President of the College.

3.11 Lounge Area

A lounge area for the use of classified employees during rest and lunch periods shall be provided by the District. In the event any group other than the Association desires to use the lounge area for an exclusive event, a facility request form must be submitted and it must bear an approved signature by the President of CSEA or his/her designee.

3.12 Statewide CSEA Committees

For those unit members who serve on statewide CSEA committees, the District agrees to provide up to and including a total of ten (10) work days per year of released time for attendance at such meetings.

3.13 Information Packets

The District shall provide information packets containing District and CSEA materials to each member of the bargaining unit at the yearly staff orientation meeting.

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ARTICLE 4 EMPLOYEE RIGHTS 4.1 General

The District and the Association recognize the rights of employees to form, join, and participate in lawful activities of employee organizations and the equal alternative rights of employees to refuse to form, join, and participate in such activities.

4.2 Personnel Files

The personnel file of each member of the bargaining unit shall be maintained by the Human Resources Office. Every employee shall have the right to inspect materials in their personnel record upon request. Employees may request copies of only those documents they have signed. However, every employee may inspect their entire personnel record except as outlined below. Such review shall take place during the normal business hours of the District, and the employee shall be released from duty for this purpose.

Materials in the file which may serve as a basis for affecting the status of employment are to be made available for the inspection of the person involved. However, such material is not to include ratings, reports, or records which (1) were obtained prior to the employment of the person involved or (2) were prepared by identifiable examination committee members.

Information of a derogatory nature, except material described in the second paragraph directly above, shall not be entered or filed unless and until the employee is given notice and an opportunity to review and comment thereon. Employees shall have the right to enter, and have attached to any such derogatory statement, their own comments thereon.

4.3 Parking

The District agrees to provide, at no cost to the employee, parking spaces for those motor vehicles of employees which display the proper parking authorization.

4.4 Non-Discrimination

The District shall not discriminate in any manner nor shall reprisals of any kind be taken because of employee involvement in protected CSEA activities.

4.5 Classified as Faculty Adjunct

Classified Employees shall be entitled to serve as faculty adjunct professors. All classified employees so employed shall be paid at the standard adjunct rate of hourly pay.

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ARTICLE 5 DISTRICT RIGHTS

5.1 General

It is understood and agreed that the District retains all of its powers and authority to direct, manage, and control to the full extent of the law. Included but not limited to those duties and powers are the exclusive right to do the following: to determine its organization; to direct the work of its employees; to determine the times and business hours of operation; to determine the kinds and levels of service to be provided and the methods and means of providing them; to establish its educational policies, goals and objectives; to ensure the rights and educational opportunities of students; to determine staffing patterns; to determine the number and kinds of personnel required; to maintain the efficiency of District operations; to determine the curriculum; to build, move or modify facilities; to establish budget procedures and to determine budgetary allocations; to determine the methods of raising revenue; and to take action on any matter in the event of an emergency.

5.2 Personnel/Employees

In addition, the Board retains the right to hire, classify, assign, transfer, evaluate,

terminate, and discipline employees. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, and regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with law.

5.3 Exceptions

In the event of a natural or man-made disaster, the District retains its rights to amend or

modify policies and practices referred to in this Agreement. Emergency is defined as a natural or man-made disaster or other dire interruption of the District's programs. The determination of whether or not an emergency exists is solely within the discretion of the District.

5.4 Officers and Committee Chairs

The District will be provided a roster of all Association committee members who are designated to function with the District’s agencies or departments that provide recommendations to the District regarding the District’s operations.

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ARTICLE 6 EMPLOYMENT

The Board of Trustees shall employ persons for positions that are not academic positions. The Board shall classify all such employees and positions. The employees and positions shall be known as the classified service.

6.1 Pre-employment Activities (2 + 2 Meeting)

Prior to commencing the employment process for a position whose classification specification changes, and prior to declaring a classification as “vacant and not open”, a committee composed of two (2) classified employees, appointed by the exclusive Bargaining Representative, and two (2) administrators, or one (1) administrator and one (1) department head, will meet to review the classification specification and salary range placement of the classification, and to recommend whether the position will be "vacant and open" or "vacant and not open" for recruitment.

6.2 Employment Activities

After a vacant position has been opened for recruitment, a "Notice of Vacant Position" will be posted about the campus identifying the position that is vacant, the salary and number of work hours, and a brief description of the job duties and minimum qualifications. A detailed classification specification will be provided in the employment packet that will be available in the Human Resources Office. The "Notice of Vacant Position" shall be posted and remain posted for at least five (5) work days. (Also see Article 16, Transfer and Reassignment.)

When the recruitment process has been completed, a formal screening/interview committee shall meet to screen applications and identify and interview applicants. This committee, inasmuch as possible, should be structured as follows.

(1) Four (4) or six (6) members. (2) One-half of the members must be classified employees from the specific work area,

or with similar job classifications, as the vacant position. (3) Either the direct supervisor or administrator from the specific work area. (4) One-half of the members of the committee must be of an ethnic minority. (5) One-half of the members of the committee must be of the female gender.

The screening/interview committee may be a mixture, when appropriate, of administrative, academic, classified, student, and community members. The screening/interview committee will recommend a slate of final candidate(s) qualified for appointment and forward their recommendations to the Human Resources Office.

6.3 Probationary Period

Newly appointed employees, or permanent employees who change classifications through the employment process, shall serve a probationary period of six (6) calendar

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months or one hundred thirty (130) days of paid service, whichever is longer. Days of paid service shall include all days worked during the summer months. Probationary employees shall be evaluated by their immediate supervisor at the beginning of the third and fifth months of service. The evaluating supervisor shall review the performance evaluation with the probationary employee prior to submitting it to the Human Resources Office for filing. The employee, supervisor, and the Vice President shall sign the performance evaluation. Newly appointed probationary employees may be dismissed from service at the discretion of the Board of Trustees or designee. If the supervisor fails to evaluate the probationary employee at the beginning of the third and fifth months of service, the employee shall by default fulfill the probationary requirements.

If at any time during the period of probation a probationary employee resigns, abandons the position, or is terminated, a replacement will be selected from among those who originally applied for the position and had been interviewed if in the opinion of the supervisor, or the selection committee, there were other qualified candidates. If there were no other qualified candidates, the position will be reopened for applications.

6.4 Permanent Employee

A person who has served in a classification an initial probationary period of six (6) calendar months or one hundred thirty (130) days of paid service, whichever is longer, is termed a permanent employee of the classified service.

6.5 Probationary Period After Classification Change Through Hiring Process

A permanent employee of the classified service who changes classifications through the employment process must perform a probationary period in the new classification. An employee who is unable to successfully complete the probationary period, by meeting the performance standards of the new classification, shall be returned to his/her former position, or to a similar classification at the same salary range and step as the former position, without a loss in status or benefits.

6.6 Part-Time Employment

A part-time employee has a work schedule of fewer than eight (8) hours per day or less than forty (40) hours per week. The leave and benefits earned for less than full-time service shall be prorated using the relationship of the number of hours of part-time service to those of full-time service.

6.7 Nine (9) Month Employee

A nine (9) month employee begins the work period five (5) work days prior to the first day of classes for the Fall semester and works through the last service day of the academic year providing that the employee attains at least a minimum service status of nine (9) full months. These employees are paid at the established hourly rate for their

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classification. Any nine (9) month employee not assigned regular pre-opening day duties will receive temporary assignment through the Human Resources Office.

Any nine (9) month employee not eligible for vacation and without sufficient compensatory time to cover non-service days between the Fall and Spring semesters will receive temporary assignment through the Human Resources Office if the campus is open for a normal work day.

6.8 Ten (10) Month Employee

A ten (10) month employee serves ten (10) of the twelve (12) calendar months of the year. Beginning and ending service dates are made by special arrangement and total service time shall not exceed ten (10) months. Any ten (10) month employee without accrued vacation or compensatory time to cover non-service between the Fall and Spring semesters will receive temporary assignment through the Human Resources Office if the campus is open for a normal work day.

6.9 Eleven (11) Month Employee

An eleven (11) month employee serves eleven (11) of the twelve (12) calendar months of the year. Beginning and ending service dates are made by special arrangement and total service time shall not exceed eleven (11) months. Any eleven (11) month employee without accrued vacation or compensatory time to cover non-service between the Fall and Spring semesters will receive temporary assignment through the Human Resources Office if the campus is open for a normal work day.

6.10 Twelve (12) Month Employee

Twelve (12) month employees with three or less years of service will be offered temporary assignment through the Human Resources Offices to fulfill their one year contract when accrued vacation is insufficient to cover non-service days.

6.11 Assignments at Times Other Than Regular Academic Year

For the purposes of this section every classified employee shall be deemed to be employed for twelve (12) months during each school year regardless of the number of months in which he/she is normally in paid status. Any community college district which, in any school year, maintains school sessions at times other than during the regular August - June academic year shall assign for service during such times regular classified employees of the district. When it is necessary to assign classified employees not regularly so assigned to serve between the end of one academic year and the commencement of another year, such assignment shall be made on the basis of qualifications for employment in each classification of service which is required. No classified employee whose regular yearly assignment for service excludes all, or any part of, the period between the end of the academic year in June to the beginning of the next academic year in August, shall be required to perform services during

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such period. A classified employee shall, for service performed as herein provided, receive, on a pro rata basis, not less than the compensation and benefits which are applicable to that classification during the regular academic year. Education Code Section 88002.

During the Spring semester, the Human Resources Office will accept requests for

summer employment from all less-than-twelve (12) month employees. Eligible employees may submit a written request for summer employment to Human Resources between the first (1st) day of April and the fifteenth (15) day of May of each year. Consideration for available positions will be based upon related job skills and rotation by seniority. The classified employees will have the right of first refusal for summer employment.

Employees wishing to change from one shift to another vacant shift within the same classification and job title shall submit the request in writing. Seniority will be utilized to fill the vacant shift, except when a bona fide occupational qualification exists (i.e., a female Custodian required for the women’s locker room).

6.12 Reinstatement of Permanent Employees After Resignation

Any permanent classified employee who voluntarily resigns from his/her permanent classified position may be reinstated or re-employed by the governing board of the District, within thirty-nine (39) months after his/her last day of paid service and without further competitive examination, to a position in his/her former classification as a permanent or limited-term employee, or as a permanent or limited-term employee in a related lower class or a lower class in which the employee formerly had permanent status.

6.13 Union Representative

No later than January 15 of each school year, CSEA shall formally notify the District of the identity of the Union representatives (stewards) and two alternates who shall act on behalf of the Union and employees with reference to matters covered by this contract.

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ARTICLE 7 PERFORMANCE EVALUATIONS 7.1 Evaluation Period

Performance evaluations are required for employees as follows:

(1) Probationary employees shall be evaluated at the beginning of their third and fifth

months of employment.

(2) New permanent employees shall be evaluated during the months of February - April of their second year of employment and bi-annually thereafter.

(3) Effective January 1, 2003, performance evaluations for permanent employees shall be

conducted biannually during the months of February, March and April. Permanent employees shall review and sign their evaluation forms by April 30 before they are submitted to the Human Resources Office.

7.2 Evaluation Criteria

No performance evaluation shall be made based solely upon hearsay statements.

Performance evaluations shall be based on the evaluator's personal observations and knowledge of the employee's job performance. Any negative performance evaluation shall include specific recommendations for improvements and provisions for assisting the employee in implementing any recommendation made. Evaluators will discuss the performance evaluation with the employee being evaluated before it is placed in the employee's personnel record.

7.3 Employee Rights

An employee who has an evaluation mark or comment on the evaluation that is below

satisfactory, or that indicates an area of weakness has the right to make written comments about the evaluation and have them included with the performance evaluation form.

All employees shall be given a copy of their completed and signed performance

evaluation by the Human Resources Office before it is placed in their personnel record.

The employee's signature on this document means that the performance evaluation was discussed with the employee and the employee was given an opportunity to make comments on the ratings and recommendations given by the rating supervisor. The signature does not necessarily mean agreement with the evaluation.

7.4 Documentation

Performance appraisals for classified employees shall be documented using the Classified Employee Performance Appraisal form.

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ARTICLE 8 SALARY 8.1 General

Unit members will be paid according to the salary schedule and regulations attached and included as EXHIBITS B and C.

8.2 New Employee Placement on the Salary Schedule

Appointees to a classification who meet the minimum qualifications for the classification will be placed at Step 1 on the current salary schedule.

Appointees to a classification who have one (1) or more years of verifiable experience above the minimum qualifications in a comparable classification may be placed at Step 2 on the current salary schedule.

Appointees to a classification who have two (2) or more years of verifiable experience above the minimum qualifications in a comparable classification may be placed at Step 3 on the current salary schedule.

Appointees may request a review of their placement on the salary schedule within six (6) months of their date of hire.

8.3 Anniversary Date

The anniversary date for permanent and temporary employees hired prior to July 1, 1982, shall be the first day of the month of employment.

For permanent and temporary employees hired on July 1, 1982, and thereafter, the anniversary date for employees hired between the first day of the month and the fifteenth day of the month shall be the first day of the month of employment.

For permanent and temporary employees hired on July 1, 1982, and thereafter, the anniversary date for employees hired on the sixteenth day of the month or thereafter shall be the first day of the month following the month of employment.

The anniversary date of an employee shall not change due to changes in employment status or job classification as long as there has been no more than a thirty (30) work day break in service between these changes.

8.4 Step Increases

Either through the employment process or a transfer, a classified employee will move to the new range or to a step that is at least 5% above the employee’s current salary, not the same step held in the previous classification.

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Effective July 1, 2005, step increases shall be implemented in July and January of each year. For those permanent employees whose anniversary dates are between July and December, the increase shall be implemented in July. For those permanent employees whose anniversary dates are between January and June, the increase shall be implemented in January.

8.5 Pay Period

All classified employees shall be paid for the calendar month on the last working day of each month. Pay for overtime and night differential shall be paid on the tenth (10th) day of the month following that in which the service was rendered, except that overtime for December and January will be paid in February.

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ARTICLE 9 RECLASSIFICATION OF POSITION AND CLASSIFICATION OF NEW POSITIONS

9.1 Definition

(1) "Reclassification" means the modification of a position to a different classification as

a result of a change in the responsibilities, duties, training, and/or experience requirements relative to the duties being performed by the incumbent in the position.

(2) “Classification” means that each new position in the classified service shall have a

designated title, a regular minimum of assigned hours per day, days per week, and months per year, a specific statement of the duties required to be performed by the employees in each such position, and the regular monthly salary ranges for each such position.

9.2 Criteria

When an existing position and/or classification is recommended for reclassification, the request is referred by the immediate supervisor to the appropriate Vice President and then to the Director of Human Resources. It is then referred to the Classification/Reclassification Committee. The committee reviews and makes recommendations as to the effects of:

(1) Appropriate job classification and salary range for all new positions.

(2) Reclassification of current positions including recommendation of new job title,

salary, and clarifications regarding the content of the classification specification.

(3) Any proposed changes of hours and/or months of service. (4) Transfers and reassignments of administrative and/or certificated personnel that

result in a transfer or change of a classified employee’s position must be submitted to the Classification/ Reclassification Committee prior to the proposed transfer or change.

9.3 Procedure

(1) Reclassification

Effective July 13, 2006, reclassification requests for all positions must be submitted from November 1 through January 31, in order to be effective for the next fiscal year.

If the duties of a particular position change significantly, further analysis will be

necessary to determine whether the position should be given another title for a different placement in the salary structure.

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Requests for reclassification shall be initiated through the Human Resources Office. The Human Resources Office shall develop procedures related to the reclassification process and disseminate new or revised information to all bargaining unit members.

Requests for reclassification may be made by the immediate supervisor or by a permanent employee. If the immediate supervisor denies the reclassification request, the employee has the right to proceed to the next level, i.e. Vice President.

If the appropriate Vice President denies the reclassification request or does not agree with the request, he/she should indicate his/her concerns in writing and forward the request to the Director of Human Resources.

The Classification/Reclassification Committee shall then meet and confer on the request and submit a recommendation to the Director of Human Resources on the following: new job title, new salary range, salary increase, no change in job title, proposed changes of hours and/or months of service, or deny the request.

The Director of Human Resources upon receiving the appropriate Vice President’s and Classification/Reclassification Committee’s recommendations regarding the position, will approve or deny the reclassification. The employee will receive written notification from the Human Resources Office regarding approval or denial of the reclassification.

If the reclassification is recommended for approval by the Classification/Reclassification Committee and denied by the Director of Human Resources, the denial may be appealed to the Superintendent/President by employee or CSEA.

If the Superintendent/President denies the reclassification, he/she shall submit in writing his/her decision of denial to the Director of Human Resources, who in turn will advise the Chairperson of the Classification/Reclassification Committee. The employee will receive written notification from the Human Resources Office regarding approval or denial of the reclassification.

A denial is grieveable under Article 18, Grievance Procedure, of this contract. The

Classification/Reclassification Committee Chair may request to discuss the denial with the Superintendent/President and the Director of Human Resources.

Reclassified employees will not serve a probationary period and will be placed on the

same salary step and/or longevity as held in the previous classification. Every effort shall be made to process reclassification requests within a thirty (30) work

day time frame. The effective date of reclassification shall be July 1 of the year following the fiscal year

in which the request was approved.

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(2) Classification Classification requests occur on an ongoing basis.

Every effort shall be made to process classification requests within a thirty (30) work day time frame.

The Classification/Reclassification Committee shall then meet and confer on the request and submit a recommendation to the Director of Human Resources on the following: new job title, new salary range, salary increase, no change in job title, proposed changes of hours and/or months of service, or deny the request.

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ARTICLE 10 INSURANCE 10.1 Unit Members

The District agrees to pay the cost of medical, dental, prescription card, and optical insurance for employees and dependents as negotiated.

10.2 Early Retirement Program

Under certain conditions a unit member who has not yet reached sixty-five (65) years of age, however the employee must have obtained the minimum age required by PERS, may retire and have the District make premium payments in full on behalf of the retiree and dependents for medical, hospital, dental, prescription card, and optical insurance coverage. Those conditions are as follows:

(1) A unit member shall have at least twelve (12) years of service to the District; (2) A unit member's age added to the member's years of service to the District shall total

at least the number seventy (70); (3) when a retiree under this program reaches sixty-five (65) years of age, the District

shall provide a Medicare Supplement for retirees which shall include a prescription card and vision and dental plans.;

(4) Classified employees hired after July 1, 2004, will not be eligible for the health

insurance benefits provided under Article 10.2 after the age of 65. 10.3 Medicare Supplement for Retirees and Miscellaneous Insurance Provisions

The District agrees to offer a Medicare Supplement insurance program to each qualified unit members who retires during the duration of this Agreement, and their qualified dependents, in accordance with the following conditions.

(1) The unit member shall have worked full time for the District for twelve (12) years or

more at the time of retirement. For the purposes of this section, the words "full time" shall mean thirty-five (35) hours per week and shall include those persons employed on a twelve (12), eleven (11), ten (10), and nine (9) month basis. Employment in another district shall not be counted in the twelve (12) year requirement.

(2) The unit member's age when added to the member's years of service to the District

shall total at least the number seventy (70).

(3) A qualified unit member who reaches sixty-five (65) years of age becomes eligible for the program, and the District agrees to pay the program’s premium for the life of the eligible retiree. Further, and during the life of the retiree, the District agrees to

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pay the program premium for qualified dependents. Program coverage will include a prescription card and vision and dental plans.

(4) Classified employees hired after July 1, 2004, will not be eligible for the health

insurance benefits provided under Article 10.3 after the age of 65.

(5) The District does not provide life insurance for retirees.

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ARTICLE 11 LEAVES 11.1 Sick Leave

A full-time employee shall earn paid sick leave for illness or injury at the rate of one (1) day per month for each month of service per school year. After employees have completed three (3) years of service, they shall earn paid sick leave at the rate of one and one-half (1½) days for each month of service. After employees have completed twelve (12) years of service, they shall earn paid sick leave at the rate of two (2) days for each month of service to the District. After employees have completed twenty (20) years of service, they shall earn paid sick leave at the rate of two and one-quarter (2¼) days per month of creditable District service.

Part-time employees shall earn paid sick leave for illness or injury based upon the relation their work schedule bears to full-time employment.

11.1.1 Accumulation Of Sick Leave

Unused sick leave credit shall be accumulated from year to year.

Credit for sick leave shall be made available to all employees on the first day of their contract year and need not be accrued prior to the time employees use sick leave.

However, new employees shall not be eligible to use more than six (6) days of sick leave, or the proportionate amount to which they are entitled, until the first day of the calendar month after completion of six (6) months of active service with the District.

Furthermore, employees who use all of their current annual sick leave credit and subsequently fail to complete their full assignment for the school year shall have deducted from their final pay warrant the amount paid to them for the unearned current annual sick leave.

11.1.2 Verification Of Absence

Verification of absence due to illness or injury for a period of five (5) or more consecutive work days shall be provided by means of a written statement from the employee's physician or licensed medical practitioner certifying illness or injury. Employee shall submit such statement to the Human Resources Office prior to returning to work. If an employee works a shift outside the regular District business hours, that statement shall be submitted to his/her supervisor. Supervisor shall provide such statement to the Human Resources Office.

Employees who are absent from work because of illness or injury for one (1) month (thirty [30] consecutive days) or more shall be required to provide a written statement from the employee's physician or licensed medical practitioner which verifies that the employee is able to return to work and has received the physician's or practitioner's

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approval to do so. This written statement shall be submitted to the Human Resources Office before the employee may return to duty.

Verification of absence due to illness or injury for a period of twelve (12) or more days in any given calendar month shall be provided by means of a written statement from the employee’s physician or licensed medical practitioner at the District’s expense.

11.1.3 Transfer Of Sick Leave

Classified employees who have been employed by another college or school district for a period of one (1) calendar year or more who then subsequently are employed by this District within one (1) calendar year of separation from the prior employing district, shall have transferred to this District the total remaining amount of sick leave accumulated in the prior district to which the employee was entitled.

11.2 Extended Sick Leave

If the extended (other) sick leave period is a result of an industrial injury or illness, the period of eligibility for extended (other) sick leave begins after all other paid leaves and compensatory time are exhausted, and the extended sick leave period shall not exceed five (5) months.

If the extended (other) sick leave period is a result of a non-industrial injury or illness, the period of eligibility begins on the first day of illness or injury and shall extend for a period of five (5) months. This period runs concurrently with all other paid leaves and compensatory time.

After the member exhausts all other paid leaves and compensatory time, they will be entitled to the difference between their salary and the salary of a substitute for the remainder of the five (5) month period beyond the time of paid leaves.

If workers’ compensation or State Disability Insurance (SDI) benefits are provided, employees shall be allowed to retain those benefits in addition to the difference in salary, provided the total of all the amounts does not exceed their regular salary.

11.3 Additional Leave For Nonindustrial Accident Or Illness (Education Code Section

88195)

A permanent employee of the classified service who has exhausted all entitlement to sick leave, vacation, compensatory time, overtime, or other available paid leave and is absent because of nonindustrial accident or illness may be granted additional leave, paid or unpaid, not to exceed six (6) months. The board may renew the leave of absence, paid or unpaid, for two (2) additional six (6) month periods or such lesser leave periods that it may provide, but not to exceed a total of eighteen (18) months.

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When the employee is able to resume the duties of a position within the classification to which assigned, the employee may do so at any time during the leaves of absence granted under this section and time lost shall not be considered a break in service. The employee shall be restored to a position within the classification to which previously assigned, and if possible, to the position to which previously assigned, and with all rights, benefits and burdens of a permanent employee.

If at the conclusion of all leaves of absence, paid or unpaid, the employee is still unable to assume the duties of the position; the employee shall be placed on a re-employment list for a period of thirty-nine (39) months. Re-employment shall follow the procedures as outlined in Education Code Section 88195.

11.4 Industrial Accident and Illness Leave 11.4.1 Eligibility For Coverage

An employee who either suffers an injury as a direct result of an accident, or develops an illness, arising out of and in the course and scope of employment shall be entitled to a leave of up to sixty (60) working days in any one (1) fiscal year for the same injury or illness.

Eligibility for such coverage shall begin on the first work day of employment. Industrial accident and illness leave shall commence on the first day of absence.

11.4.2 Reporting Procedures

Any accident or illness shall be reported immediately to the supervisor of the involved employee. Within twenty-four (24) hours of a qualifying accident or illness, the employee involved shall complete and file an accident report with the Human Resources Office. In addition, a physician's written report shall be completed and filed with the Human Resources Office. This report shall describe the nature and extent of the injury or illness and the estimated time the employee will be away from work because of the illness or injury.

11.4.3 Use Of Leave

Allowable leave shall not be accumulated from year to year, and when this leave overlaps a fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred.

Industrial accident and illness leave will be reduced by one (1) day for each day of authorized absence regardless of a compensation award made under workers' compensation.

This leave is to be used in lieu of normal sick leave.

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When entitlement to this leave has been exhausted, entitlement to other sick leave will then be used. However, if an employee is receiving workers' compensation benefits , that employee shall be entitled to use only so much of his/her accumulated or available sick leave, accumulated compensatory time, vacation or other available leave which, when added to the workers' compensation award, provide for a full day's wage or salary.

Payment for wages lost on any day shall not, when added to an award granted the employee under the workers' compensation laws of this state, exceed the normal wage for the day.

During all paid leaves under this section, the employee shall endorse to the District all wage loss benefit checks received under the workers' compensation laws of this state. The District, in turn, shall issue the employee appropriate warrants for payment of wages or salary and shall deduct normal retirement and other authorized contributions.

Upon termination of industrial accident and illness leave, the employee shall be entitled to request extended sick leave benefits, if necessary.

When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of the position, then the employee shall, if not placed in another position, be placed on a re-employment list for a period of thirty-nine (39) months or as specified in Education Code Section 88192.

11.5 Rights of Employee Returning From Leave

Upon expiration of a leave of absence, employees shall be placed in the same position in which they previously worked providing the position still exists. If the position does not exist, employees will be placed in a comparable position.

11.6 Reinstatement of Permanent Employees After Resignation

Any permanent classified employee who voluntarily resigns from their permanent classified position may be reinstated or re-employed by the governing board of the District, within thirty-nine(39) months after their last day of paid service and without further competitive examination, to a position in his/her former classification as a permanent or limited-term employee, or as a permanent or limited-term employee in a related lower class or a lower class in which the employee formerly had permanent status.

11.7 Use Of State Disability Insurance

In the event of disability and unless otherwise provided by this section, employees shall have the option of:

(1) Utilizing vacation when eligible to receive State Disability Insurance (SDI) benefits.

Under current law, the use of vacation is not considered wages. As such, vacation

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shall not be coordinated with SDI, and SDI benefits may be retained by the employee. Pre-approval must be obtained prior to utilizing vacation under normal circumstances;

(2) Using all accumulated sick leave before using State Disability Insurance basic

benefits;

(3) Using all accumulated compensatory time, after sick leave is exhausted, before using State Disability Insurance basic benefits;

(4) Using only State Disability Insurance basic benefits before using accumulated sick

leave and compensatory time;

(5) Coordinating State Disability Insurance Basic Benefits with accumulated sick leave and compensatory time after sick leave is exhausted, so that a unit member’s daily sick leave, and compensatory time after sick leave is exhausted, will be reduced by only the amount necessary to equal a full day's wage when added to the disability benefit amount.

If at the time a disability claim is made an employee declares in writing that he/she is in the final three years of employment prior to retirement, said employee shall be required to utilize accumulated sick leave before using State Disability Insurance basic benefits for the remainder of the period for which such disability might exist. 11.8 Paid Family Leave Insurance Benefits

Paid Family Leave (PFL) insurance applies to all employees covered by State Disability Insurance (SDI). An employee cannot receive Paid Family Leave insurance benefits while receiving SDI, Unemployment Insurance, or Workers’ Compensation insurance benefits.

Employees may file a claim for Paid Family Leave benefits for the following reasons:

• To care for a seriously ill child, spouse, parent, or domestic partner. • To bond with a new child; or • To bond with a minor child in connection with the adoption or foster care

placement of that child.

There is a seven (7) day waiting period before PFL benefits are activated. During this period employees shall have the option of utilizing available personal necessity leave, Kin Care leave, compensatory time, or vacation time. Following the waiting period, employees shall have the option of:

(1) Utilizing vacation when eligible to receive PFL. Under current law, the use of

vacation is not considered wages. As such, vacation shall not be coordinated with PFL, and PFL benefits may be retained by the employee. Pre-approval must be obtained prior to utilizing vacation under usual circumstances;

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(2) Using all personal necessity leave before using PFL benefits; (3) Using all available Kin Care leave before using PFL benefits;

(4) Using only PFL benefits (i.e., not coordinating PFL benefits with available applicable

leave); (5) Using available compensatory time before using PFL benefits;

(6) Coordinating PFL benefits with available personal necessity leave, Kin Care leave,

and compensatory time so that a unit member’s daily personal necessity leave, Kin Care leave, and compensatory time will be reduced by only the amount necessary to equal a full day’s wage when added to the PFL benefit.

11.9 Personal Necessity Leave

Earned sick leave may be used by an employee for the purpose of personal necessity. However, no more than seven (7) days of earned sick leave in a fiscal year may be used for category numbers one (1) through seven (7) below.

(1) The death of a member of the employee's immediate family (as defined under

Bereavement Leave) when additional leave is required beyond that provided in Bereavement Leave.

(2) An accident, involving the employee's person or property, or the person or property of

a member of the employee's immediate family.

(3) The death of a friend.

(4) A special event in the employee's immediate family.

(5) An illness of a member of the employee's immediate family.

(6) An appearance in court as a litigant or as a witness under official order.

(7) Personal necessity.

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When employees fill out a time sheet, they shall designate on the sheet which of the seven (7) categories of personal necessity leave was taken.

Other than PN(7) being used for unpaid days during the winter and spring breaks, personal necessity leave shall be defined as “leave to be taken for circumstances or a matter that cannot be performed/conducted outside of work hours.” Employees shall inform their supervisors as soon as possible of the need to take personal necessity leave. When employees fill out a time sheet, they shall designate on the sheet which of the seven (7) categories of personal necessity leave was taken.

11.10 Bereavement Leave

Unit members shall be granted three (3) days of bereavement leave with pay in the event of the death of any member of the employee's immediate family. An additional two (2) other days of bereavement leave, exclusive of travel days, shall be granted in the event of the death of the employee's mother, father, spouse, son or daughter.

"Member of the immediate family" shall mean the mother, father, stepparent, grandmother, grandfather, or grandchild of the employee or of the spouse of the employee; or the spouse, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister, or sister-in-law of the employee, stepchild, or any relative living in the immediate household of the employee.

Employees who must travel at least five-hundred (500) miles to attend a funeral of a member of the employee's immediate family will be granted one (1) additional day of bereavement leave. If an additional five-hundred (500) miles must be traveled for the same funeral, then one (1) more leave day will be granted.

11.11 Pregnancy and Childbirth Leave

A pregnant employee shall be eligible to utilize sick leave for any disabilities caused, or contributed to, by pregnancy, childbirth or miscarriage.

The employee is required to submit to the Human Resources Office written statement from her physician or licensed medical practitioner which certifies that she is unable to perform her normal duties because of medical reasons related to pregnancy.

Pregnancy and childbirth leave shall terminate when the employee's physician or licensed medical practitioner declares in writing that the employee is able to return to work. All employees will submit the physician’s release to Human Resources immediately following the pregnancy disability leave period.

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11.12 Maternity Leave

Maternity leave may be granted to a female unit member, without pay and benefits, for a period of time up to and including twelve (12) consecutive calendar months immediately following pregnancy and childbirth leave.

In order to qualify for such leave, the employee is required to submit a written request to the Human Resources Office which includes the proposed date the leave is to begin and the proposed duration of the maternity leave.

The request shall be submitted at least thirty (30) calendar days prior to the commencement of the maternity leave.

11.13 Family and Medical Leave Act and California Family Rights Act

The parties agree that all eligible employees (within the meaning of the respective acts) shall be entitled to all benefits conferred by the Family and Medical Leave Act and the California Family Rights Act.

Further information on the Family and Medical Leave Act and California Family Rights Act may be obtained from the Human Resources Office.

11.14 Family School Partnership Act-CA Labor Code Section 230.8 Notwithstanding any other leave provided herein, a unit member shall be provided leave,

as provided in the California Family School Partnership Act (FSPA) (effective January 1, 1995.) Further information can be obtained from the Human Resources Office.

11.15 Kin Care

Employees may use up to one-half of their yearly sick leave accrual to attend to a child, parent, spouse, domestic partner, or domestic partner’s child who is ill. Leave for this purpose may not be taken until it has actually accrued.

All conditions and restrictions placed on an employee’s use of sick leave apply also to sick leave used for care of a child, parent, spouse, domestic partner, or child of a domestic partner.

This section does not extend the maximum period of leave to which an employee is entitled under Section 12945.2 of the Government Code or under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2606 et seq.), regardless of whether the employee receives sick leave compensation during that leave.

For purposes of sick leave, a “child” is defined as a biological, foster, or adopted child; stepchild; or a legal ward. A “child” also may be someone for whom an employee has

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accepted the duties and responsibilities of raising, even if he or she is not the employee’s legal child.

A “parent” is a biological, foster, or adoptive parent; stepparent; or legal guardian.

A “spouse” is a legal spouse according to the laws of California.

A “domestic partner” is another adult with whom an employee has chosen to share his/her life in an intimate and committed relationship of mutual caring, and with whom he or she has filed a Declaration of Domestic Partnership with the Secretary of state. A “domestic partner’s child” is the biological, foster, or adopted child; stepchild; or legal ward of an employee’s domestic partner. A “domestic partner’s child” also may be someone for whom an employee’s domestic partner has accepted the duties and responsibilities of raising, even if he or she is not the legal child of an employee’s domestic partner.

11.16 Jury Duty

An employee who is called for jury duty will be granted the necessary time off with pay to fulfill jury duty obligations. Also, an employee who is required to appear in court as a witness, but not as a litigant, or to respond to an official order from another governmental jurisdiction for reasons not brought about through the employee's connivance or misconduct, shall also be granted such leave.

This leave shall be granted with pay up. Any meal, mileage and/or parking allowances provided to the employee in connection with jury or witness service shall not be considered in the amount received for such service.

An employee who is called to jury duty, subpoenaed as a witness (but not as a litigant), or officially summoned by another governmental jurisdiction, is required to provide to the Human Resources Office a copy of the official call to jury duty, subpoena, or summons.

11.17 Military Leave

Unit members shall be entitled to all military leaves and benefits as provided by Education Code Section 87832 and Military and Veteran's Code Sections 389 through 395.4.

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11.18 Leave Without Pay

(1) Requested by the Employee: A classified employee may request, and with administrative approval, take up to one

calendar month (20 work days) leave. Medical benefits will continue to be paid by the District during the time off. Longevity, anniversary date, illness or injury leave and vacation benefits will continue uninterrupted.

(2) Required by the District:

A classified employee who is required by the District to take time off during the

summer will continue to receive paid medical benefits, accrual of illness or injury leave and vacation time. Also, employee's anniversary date and longevity date will not be affected by the reduction in time for the summer.

11.19 Other Leaves of Absence

A classified employee may be granted a leave of absence with or without pay by the Board of Trustees upon the recommendation of the Superintendent. Such a leave may be granted for a period of time which does not exceed one (1) year when such action is not contrary to the best interest of the District.

11.20 Catastrophic Leave Pool Program 11.20.1 Purpose

The District and the Association agree to establish a Catastrophic Leave Pool Program (CLPP) that will enable classified employees who qualify to use leave credits accumulated in a pool which is created by donations of eligible leave credits by classified employees, faculty and administrators.

11.20.2 Definitions

For the purposes of this program, the following definitions shall apply.

(1) "The CLPP" or "this program" shall mean the Catastrophic Leave Pool Program.

(2) "The Director" shall mean the Director of Human Resources.

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(3) "Catastrophic illness or injury" shall mean an illness or injury that is expected to incapacitate an employee for an extended period of time, or that incapacitates a member of the employee's immediate family which incapacity requires the employee to take time off from work for an extended period of time to care for that family member, and taking extended time off from work creates a financial hardship for the employee because he or she has exhausted all of his/her sick leave and other paid time off.

(4) "Member of the immediate family" shall be as it is defined in the Bereavement

Leave section of this Agreement. (5) "Eligible leave credits" shall mean sick leave, vacation leave and compensatory

time accrued to a donating employee. 11.20.3 Participation

All classified employees are eligible to participate in this program.

A classified employee who is, or whose family member is, suffering from a catastrophic illness or injury and who desires to participate in the CLPP must meet all of the following requirements to qualify for this program.

(1) Submit a request in writing to the Director seeking to qualify for the CLPP. (2) Provide verification of catastrophic illness or injury by submitting a physician's or

licensed medical practitioner's statement in writing to the Director which includes all of the following information:

(a) That the applicant or family member is under the physician's or practitioner's

direct care for treatment of the catastrophic illness or injury; (b) A description of the catastrophic illness or injury; (c) The beginning date of the catastrophic illness or injury;

(d) A prognosis for recovery; and (e) The anticipated date the employee will be able to return to work.

(3) Demonstrate that all of his/her accrued paid leave credits have been exhausted.

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In the event the requested leave time is for the catastrophic illness or injury of a member of the employee's immediate family, the physician's or practitioner's statement, in addition to items (a) through (e) in number 2 directly above, must include the following information:

(1) the immediate family member's relationship to the employee requesting to

participate in the CLPP; (2) where the family member resides; and (3) a statement that describes and defines as precisely as possible the way in which

the family member is totally dependent upon the employee on a continuing basis. 11.20.4 General Conditions

(1) The Director of Human Resources shall administer this program.

(2) Faculty and Administrators are allowed to donate eligible leave credits of no less than eight hours and no more than 24 hours to the pool per fiscal year, but not be eligible to utilize the pool

(3) The District reserves the right to refer an applicant or member of the immediate

family, at District cost, to a physician or doctor of the District's choice for the purpose of a second opinion.

(4) A contribution of eligible leave credits to the pool is not a prerequisite for

making use of leave credits donated to the pool. (5) Employees who use leave credits from the pool are not required to pay them

back into the pool. (6) Once eligible leave credits have been donated to the pool, they cannot be

reclaimed by the employee who donated them. (7) Employees may not designate a particular employee to receive eligible leave

credits donated to the pool.

(8) The amount, if any, of pool leave granted for each catastrophic illness or injury will be determined by the Director, but the amount shall not exceed one-third (1/3) of the balance in the pool or ninety (90) days, whichever is less.

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(9) Any unused balance of pool leave granted to an employee returns to the pool, and the estate of a deceased employee who had qualified for this program is not entitled to payment for unused pool leave.

(10) Eligible leave credits donated to the pool shall be in increments of whole hours,

and an employee who donates leave credits is required to have at least one hundred twenty (120) hours of personal eligible leave credits remaining after the donation.

(11) An employee who donates eligible leave credits to the pool shall contribute no

fewer than eight (8) hours nor more than twenty-four (24) hours each fiscal year. (12) Employees who are receiving benefits under State Disability Insurance,

Worker’s Compensation, or any other extended paid leave program authorized by the Imperial Community College District Board of Trustees, shall not be eligible to participate in the CLPP.

(13) Decisions regarding the CLPP shall not be grieveable under the provisions of

this Agreement.

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ARTICLE 12 VACATIONS 12.1 General

Bargaining unit members shall be granted annual vacations at the regular rate of pay earned at the time the vacation is commenced.

Earned vacation shall not become a vested right until employees have completed the initial six (6) months of employment, nor shall employees be allowed to take earned vacation until after completion of the initial six (6) months of continuous service.

12.2 Vacation Accrual Rates

(1) Twelve (12) Month Employees Full-time twelve (12) month unit members shall earn paid vacation according to the chart directly below.

Period of Continuous Paid Service

Monthly Hourly Vacation Accrual Rates

Hire date through 6th month of service 8.00 Hours

7th month through 3rd year of service 8.00 Hours

4th year through 10th year of service 12.00 Hours

11th year through 14th year of service 13.36 Hours

15th year through 19th year of service 14.64 Hours

20th year and beyond 16.00 Hours

(2) 9, 10 & 11 Month Employees

Full-time employees employed for a contract service period of nine (9), ten (10), or eleven (11) months during a fiscal year shall earn vacation, during their respective contract service period, at rates which are proportional to the rates earned by a full-time twelve (12) month classified employee.

(3) Part-time Employees

Bargaining unit members who work a regular schedule of less than an eight (8) hour day shall earn vacation on a pro-rata basis.

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(4) Probationary Employees

Probationary employees who leave the service of the District before completion of six (6) consecutive months of employment shall not receive vacation credit.

(5) Bonus Days For Unused Sick Leave

By June 30th of a fiscal year, unit members who have used no more than three (3) days of sick leave in that fiscal year shall receive a bonus of two (2) days of vacation, unless the maximum vacation accrual has been reached (i.e., vacation “cap”).

12.3 Vacation Periods 12.3.1 Vacations may be taken by all unit members at any time during the year with the

approval of the employee's immediate supervisor and the Director of Human Resources. In arranging the schedule of vacations, an attempt will be made to provide vacation time according to the employee's desires; however, the needs of the District shall receive first consideration in the scheduling of vacations.

12.3.2 If a Saturday, Sunday, or holiday listed in this Agreement falls within a scheduled

vacation period, that day is not counted as a day of vacation. 12.3.3 Eleven (11) month employees are encouraged to take vacation annually during their

contract service period. 12.3.4 Nine (9) and ten (10) month employees are not required to take vacation during their

contract service period. 12.3.5 An employee may accrue and accumulate vacation up to an amount equal to the last

school year’s accrual plus the current school year’s accrual after which no more vacation may be accrued until the unit member begins to utilize accumulated/accrued vacation. This process shall hereafter be referred to as a “cap” on vacation accrual.

12.4 Illness During Vacation

If an employee becomes seriously ill or is injured during a scheduled vacation period, the employee may submit a signed statement from a physician stating that the employee was unable to continue the vacation. The unused portion of the vacation may then be deducted from earned sick leave. The balance of the vacation may then be rescheduled.

12.5 Pay for Unused Vacation

Upon completion of their respective contract service periods, nine (9), ten (10), and eleven (11) month employees may receive payment, in lump sum, for up to a maximum of ten (10) days of accrued vacation.

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ARTICLE 13 HOLIDAYS

Effective July 1, 2005, the District agrees to provide unit members with the following paid holidays:

1. New Year's Day 9. Independence Day

2. Martin Luther King’s Birthday 10. Labor Day 3. Abraham Lincoln’s Birthday 11. Veterans’ Day 4. George Washington’s Birthday 12. Thanksgiving Day 5. Monday after Easter Sunday 13. Friday After Thanksgiving Day 6. Tuesday after Easter Sunday 14. Christmas Eve 7. Wednesday after Easter Sunday 15. Christmas Day 8. Memorial Day 16. New Year’s Eve

When a holiday listed above occurs on a Sunday, the following workday not a holiday shall be deemed to be the holiday in lieu of the day observed. When a holiday listed above occurs on a Saturday, the preceding workday not a holiday shall be deemed to be the holiday in lieu of the day observed.

The District agrees that regarding those workdays that occur during the Winter Break four (4) (in addition to those listed above) shall be paid holidays for members of the bargaining unit. The remaining days shall be taken as vacation, comp time, PN leave, or leave without pay.

All bargaining unit members shall be entitled to the paid holidays as listed or described above, and any day declared a holiday by the Board of Trustees, provided that the unit members were in a paid status during any portion of the workday immediately preceding or immediately succeeding the holiday.

See pages 10 and 11 for additional information regarding nine (9), ten (10), eleven (11), and twelve (12) month employees.

The District and the Association agree to comply with the provisions of Education Code Section 88205 relating to in-lieu holidays and Section 88206 relating to substitute holidays.

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ARTICLE 14 SPRING BREAK

The District and the Association agree to the following conditions for all unit members during Spring Break:

The Monday, Tuesday, and Wednesday following Easter Sunday shall be designated as paid holidays for the classified bargaining unit members.

The remaining two (2) days of the Spring recess following Easter Sunday shall be taken as vacation, comp time, PN leave, or leave without pay by the classified staff.

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ARTICLE 15 HOURS, OVERTIME, OTHER CONDITIONS 15.1 Workday and Workweek

The regular workweek of a full-time employee in the bargaining unit shall be forty (40) hours and shall consist of five (5) consecutive days of eight (8) hours per day.

15.2 Rest Periods

Each full-time bargaining unit employee shall be granted two (2) fifteen (15) minute rest periods each workday. Rest periods will be taken as nearly as possible to the midpoint of the morning work period and as nearly as possible to the midpoint of the afternoon work period. Rest periods are part of the regular work shift, and compensation for that period of time shall be at the regular rate of pay of the employee. Employees are encouraged to take their rest periods away from their work sites.

15.3 Lunch Periods

Each full-time bargaining unit employee shall be granted a duty-free lunch period of no more than sixty (60) minutes nor fewer than thirty (30) minutes each workday which should be taken as nearly as possible to the midpoint of the workday. Employees are encouraged to take their lunch periods away from their work sites. Prior approval from the immediate supervisor should be obtained for any deviation from the above.

15.4 Call Back An employee in the bargaining unit who is called in to work on a day when that

employee is not scheduled to work, or is called back to work after completion of that employee's regular assigned shift, shall be compensated for at least four (4) hours of work at the appropriate rate of pay under this Agreement, even if the employee is required to work a lesser amount of time than the four (4) hours.

An employee in the bargaining unit who is assigned to come back to work after that

employee has completed the regular assigned shift, and a time has lapsed of at least one hour, shall be compensated for at least two (2) hours of work at the appropriate rate of pay, even if the employee is required to work a lesser amount of time than the two (2) hours.

15.5 Working Out of Classification

No permanent employee shall be required to work out of classification for more than five (5) consecutive days. A permanent employee who is assigned to work out of classification for more than five (5) consecutive work days shall be paid for such work in either of the following ways, whichever produces a higher salary for the employee.

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(1) The employee will receive differential pay of five percent (5%) more than the employee's regular salary; or

(2) The employee will receive differential pay of fifty percent (50%) of the difference

between the salaries of the two (2) involved positions at the same steps.

An employee who has worked out of classification for more than five (5) consecutive work days may initiate a request for a higher salary range to the appropriate supervisor and the Director of Human Resources. Such differential pay shall be paid for the entire time the employee works out of classification.

The maximum duration an employee shall be required to work out of classification thirty (30) consecutive work days, at which time the employee shall return to his/her regular position and salary.

If the need to have an employee continue working out of classification exists, and if the employee wishes to do so, he/she may initiate a temporary reassignment. The temporary assignment shall be for a maximum term of thirty (30) consecutive work days. A temporary assignment will not be allowed if the position assigned to is a nine (9) or ten (10) month position and less than thirty (30) days remain in the school year.

If the employee is filling in for someone in a higher classification, who is on vacation

and/or extended leave, the employee shall be paid out-of-class pay for assumption of all duties and/or prorated pay for assumption of partial duties. At no time shall the out-of-class pay be less than a five percent (5%) increase for the duration of the out-of-class work. The Director of Human Resources will make the prorated calculation.

15.6 Overtime for Part-Time Employees

The parties agree that Education Code Section 88030 shall apply to those unit members who have an average workday of less than four (4) hours during a workweek.

15.7 Benefits for Part-Time Employees

Classified employees who work a minimum of thirty (30) minutes per day in excess of their part-time assignment for a period of twenty (20) consecutive work days or more shall have their basic assignment changed to reflect the longer hours in order to acquire fringe benefits on a properly prorated basis as specified in Education Code 88035.

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15.8 Overtime

"Overtime" is defined as any time required to be worked, assigned by the District, which is in excess of eight (8) hours in any one (1) workday and/or in excess of forty (40) hours in any one (1) calendar week, or as defined in Education Code 88027.

For the purpose of computing the number of hours worked in the paragraph directly above, time during which an employee is excused from work because of holidays, sick leave, vacation, compensatory time off, or other paid leaves of absence, shall be considered as time worked by the employee.

An employee who performs assigned overtime work shall be compensated at a rate of pay which is equal to one and one-half (1½) times the employee's regular rate of pay, or shall be granted compensatory time off at the rate of one and one-half (1½) hours for each overtime hour worked, whichever is selected by the employee.

15.9 Compensatory Time Off

Compensatory time off shall be taken within twelve (12) calendar months following the month in which overtime was worked.

Compensatory time off shall be taken at a time that is approved by the individual employee's immediate supervisor. The immediate supervisor will attempt to arrange for compensatory time off to be taken according to the unit member's preferences, but the needs of the District shall receive first consideration.

No more than fifteen (15) days of compensatory time off shall be accumulated by a member of the bargaining unit.

In the event that the immediate supervisor feels it is necessary for an employee to work additional hours beyond the fifteen (15) days, they must receive written approval from the Director of Human Resources in advance. If there is not sufficient time to receive written approval, the supervisor may contact the Director of Human Resources by phone with a follow up in writing. If the Director of Human Resources is not available, the supervisor may contact the appropriate Vice President in charge.

In lieu of compensatory time off, an employee may receive payment for unused, accumulated compensatory time credited to them. In order to receive such payment, an employee must submit a written request for payment to the Human Resources Office by no later than 5:00 p.m. on the last day of the academic school year.

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15.10 Holiday Pay

A bargaining unit member who is required to work on a holiday designated in this Agreement shall be compensated at the employee's regular rate of pay plus one and one-half (1½) times the employee's regular rate of pay.

15.11 Night Shift Differential

Unit members whose regularly scheduled work shifts occur entirely or partly between the hours of 5:00 p.m. and 6:00 a.m. shall be paid a ten (10) percent night shift differential for any hours worked during that time period.

Upon the changeover to summer hours, the night shift differential shall begin at 4:30 p.m.

15.12 Notification of Shift Change

Employees wishing to change from one shift to another vacant shift within the same classification and job title shall submit the request in writing. Seniority will be utilized to fill the vacant shift, except when a bona fide occupational qualification exists (i.e., a female Custodian required for the women’s locker room).

Except in an emergency situation, unit members and the Association will be notified in writing at least five (5) work days prior to a shift or working hour change.

15.13 Conference Travel

Employees shall be compensated the equivalent of the employee’s regular work day for approved non-mandated conference travel.

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ARTICLE 16 TRANSFER AND REASSIGNMENT 16.1 Definitions

A "transfer" is defined as the relocation of a unit member from one work-site in the District to another work-site in the District.

A "reassignment" is defined as the assignment of a unit member from one job classification or position in the bargaining unit to another job classification or position.

A “permanent” transfer or reassignment is made when a unit member is transferred or reassigned on a permanent basis.

A “temporary” transfer or reassignment is made when a unit member is transferred or reassigned for a specific period of time.

A “District” transfer or reassignment is made when a unit member is temporarily or permanently transferred or reassigned in accordance with a request initiated by a unit member's immediate supervisor or a supervising administrator to adjust for work coverage, to meet the need for special job skill requirements, or to alleviate special work-related problems.

A “voluntary” transfer or reassignment is made upon the District’s approval of a unit member’s request for voluntary transfer or reassignment. In a voluntary transfer or reassignment, a unit member is permanently transferred or reassigned to a classification whose salary range and step is equal to or lower than the range and step of the unit member’s current classification (i.e., lateral or downward movement on the classified salary schedule). The number of months that a permanent 10-month or 11-month classified employee works does not preclude a voluntary transfer to a lateral or lower transfer from a 10-month to a 12-month assignment.

16.2 Criteria

In all instances, the Superintendent/President, or designee, shall transfer or reassign unit members based on the needs of the District.

Unit members permanently transferred or reassigned under either a District or voluntary transfer or reassignment shall not serve a probationary period, as such term is defined under Article 6.3.

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Criteria for District Transfer or Reassignment

The transfer or reassignment of unit members shall not be used to supplant the classified hiring process or to punish or discipline employees.

Under a District transfer or reassignment, a unit member will suffer no loss of salary, seniority, or benefits and must meet the minimum qualifications of the new classification or position.

In all instances, every effort will be made to transfer or reassign unit members within the same or comparable job classifications and salary ranges.

If it is necessary to reassign unit members into a job classification with a salary range that is lower than their present job classification, the employee will continue to be compensated at the higher salary range and step. The salary of the reassigned employee will be frozen at the higher range and step until the lower salary range increases to an equivalent value.

If it is necessary to reassign unit members into a job classification with a salary range that is higher than their present job classification, the employee will be compensated at the higher salary.

Criteria for Voluntary Transfer or Reassignment

Unit members must meet the minimum qualifications of the classification or position requested.

A unit member’s seniority will not be affected. His/her salary will be based on the new classification’s range and the unit member’s current step on the classified salary schedule.

Unit members will receive the benefits available to the classification requested.

16.3 Procedure Procedure for District Transfer or Assignment

A request for permanent or temporary transfer or reassignment may be initiated by a unit member's immediate supervisor or a supervising administrator.

The permanent or temporary transfer or reassignment of unit members shall be made by completing and processing the Transfer or Reassignment form.

In the event of a permanent or temporary transfer or reassignment, the affected unit member and the exclusive representative shall have received written notification of such

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action from the Director of Human Resources at least ten (10) work days prior to the effective date of the transfer or reassignment. A unit member has the right to appeal the transfer or reassignment to the Director of Human Resources within the ten (10) work day period prior to the effective date of the transfer or reassignment.

In the event of a temporary transfer, the affected unit member will be provided with transportation or reimbursed at the prevailing District rate for additional mileage incurred as a result of the transfer for the duration of the temporary transfer.

Procedure for Voluntary Transfer or Reassignment

Unit members may request a voluntary transfer or reassignment by completing the Request for Voluntary Transfer or Reassignment form.

All requests for voluntary transfer or reassignment will be evaluated based upon unit members’ qualifications and the needs of the District. In all instances a unit member will be notified of the disposition of his/her request within forty-eight (48) hours of a final determination.

The affected unit member and exclusive representative shall have received written notification of such action from the Director of Human Resources at least ten (10) work days prior to the effective date of the transfer or reassignment.

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ARTICLE 17 LAYOFFS

Layoffs of unit members shall take place because of lack of funds or lack of work and shall be in accordance with the provisions of this Article and pertinent Education Code Sections.

17.1 Definitions

"Layoff for lack of funds or layoff for lack of work" includes any reduction in hours of employment or assignment to a class or grade lower than that in which the employee has permanence, voluntarily consented to by the employee, in order to avoid interruption of employment by layoff.

"Classification" shall be as the word is defined in Education Code Section 88001(a).

"Length of service" shall mean all hours in paid status, whether during the school year, a holiday, recess, or during any period that the College was in session or closed commencing or continuing after July 1, 1971, but does not include any hours compensated solely on an overtime basis as provided for in Education Code Section 88027. Any time served by an employee prior to July 1, 1971, shall be computed by crediting two thousand and eighty (2,080) hours for each year of service with the District whether that service was full-time or part-time.

"Hours in paid status" shall mean service with the District by an employee performed while that employee was in probationary or permanent status.

An "affected reassigned employee" is defined as an employee of the District who has been laid off under this Article but who has been voluntarily reassigned in order to avoid interruption of employment by layoff and thereby becomes subject to the thirty-nine (39) month re-employment provisions of the Education Code and this Article. Such a person is required, in writing, to attest to the fact that she or he voluntarily accepts the reassignment.

An "affected person" is defined as a former employee of the District who has been, or shortly will be, laid off under this Article and thereby becomes subject to the thirty-nine (39) month re-employment provisions of the Education Code and this Article.

"Lower included classifications" are those classifications that have duties and/or minimum qualifications that are included or encompassed in the duties and/or minimum qualifications designated for the senior employee's classification and in accordance with EXHIBIT C.

"PERS" means the California Public Employees' Retirement System.

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17.2 Notice of Layoffs

The Director of Human Resources shall inform the President of the Association or designee of the impending layoff(s) by certified mail or by hand delivery no fewer than five (5) work days prior to issuance of any layoff notice(s). An employee who is to be laid off shall be notified of the impending action by certified mail sent to the most recent address provided to the District by the employee or in person by the Director of Human Resources or designee at least forty-five (45) calendar days prior to the effective date of layoff.

The Notification of Layoff shall contain the effective date, the reason, reassignment rights, if any, re-employment rights and an Employee Response Form.

Within five (5) work days of the date the employee signs the certified mail receipt, the employee is required to file with the Human Resources Office the signed, dated, and completed Employee Response Form which indicates whether or not the employee desires to exercise reassignment rights.

A copy of the Employee Response Form shall be forwarded to the President of the Association within one (1) work day after the Director of Human Resources receives the completed form.

Failure to provide written notice under the provisions of this section shall invalidate the layoff. In addition, failure to follow proper procedures shall be considered an improper layoff. An employee who is improperly laid off shall be re-employed immediately upon discovery of the error and shall be reimbursed for all loss of salary and benefits.

17.3 Order Of Layoffs

The order of layoffs within a classification shall be determined by length of service with the District. The employee who has been employed the shortest time in the classification, plus higher classifications, shall be laid off first. Re-employment shall be in the reverse order of layoff.

In the event two (2) or more employees who are to be laid off have the same length of service, the order of layoff of such employees shall be determined by lot.

Length of service credit for time spent on military leave of absence, unpaid illness leave, unpaid industrial accident or illness leave, unpaid medical leave, or any approved unpaid personal leave shall be granted. When reclassification results either in a merger of two or more classes or the separation of a class into two or more classes, seniority rights of unit employees who are classified

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within the new class shall be computed from the date of their earliest entrance into regular service in the original class.

17.4 Alternatives To Layoff

Employees who are to be laid off may be able to exercise one (1) of the following options in lieu of layoff:

(1) displace the least senior employee in the same classification or in a lower included

classification in which case they shall become an affected reassigned employee;

(2) retire under provisions of the laws and regulations pertaining to retirement under PERS; or

(3) apply for any vacant position in the District for which they are qualified; or

(4) exercise transfer/reassignment rights under Article 16.

Employees who take voluntary demotions or reclassification in lieu of layoff shall be granted the same rights as persons laid off and shall retain eligibility to be considered for re-employment for an additional period of up to twenty-four (24) months; provided, that the same tests of fitness under which they qualified for appointment to the class shall still apply. The Director of Human Resources shall make the determination of the specific period of eligibility for re-employment on a class-by-class basis. Education Code Section 88117.

Employees who take voluntary demotions or reclassifications in lieu of layoff shall be, at the option of the employee, returned to a position in their former classification or to positions with increased assigned time as vacancies become available, and without limitation of time, but if there is a valid re-employment list, they shall be ranked on that list in accordance with their proper seniority. Education Code Section 88117.

17.5 Displacement Procedure

An employee who is to be laid off has so-called "bumping rights" over another employee in the same classification who has been employed the shortest period of time in accordance with Education Code Section 88127 and the procedure that follows.

(1) An employee who has been notified that he/she will be laid off has the right to

displace the most junior employee in his/her classification, or in a like or similar classification.

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(2) If this cannot be accomplished, an employee who has been notified that he/she will be laid off has the right to displace the most junior employee in an equal or lower classification in which the senior employee has served previously.

(3) If neither of the above are possible, an employee who has been notified that he/she

will be laid off has the right to displace the most junior employee in lower included classifications.

17.6 Re-employment Rights

Affected persons and affected reassigned employees who have been laid off under this Article and pertinent Education Code Sections shall be re-employed by the District, if that is possible, in the reverse order of layoff, in accordance with Education Code Sections 88014, 88015, 88017, 88117 and 88127, and shall be subject to the provisions and/or conditions described directly below.

An affected person shall be required, on a continuing basis during the thirty-nine (39) month re-employment period, to notify in writing the Human Resources Office of his/her current address. If a position in a classification for which the affected person has seniority and is qualified becomes available during the thirty-nine (39) month re-employment period following layoff, the Director of Human Resources will send a written notice by certified mail to that person at the current address offering that person re-employment in the position.

An affected person who receives such an offer of re-employment from the District has three (3) alternatives:

(1) accept the offer in writing;

(2) not respond to the offer within ten (10) working days in which case the offer becomes null and void; and,

(3) reject the offer in writing.

Should the offer be accepted, the affected person shall have up to thirty (30) calendar days from the postmark of the offer of re-employment in which to report to work though he or she may do so earlier than the thirty (30) calendar day maximum.

Should the offer be rejected, such a rejection shall not jeopardize the affected person's re-employment rights during the remainder of the thirty-nine (39) month re-employment period.

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17.7 Insurance Provisions

Affected persons shall continue to receive for up to, but for no more than, three (3) months following the date of layoff, the hospital, medical, dental, and vision insurance benefits they were receiving when they were laid off so long as they comply with the conditions described directly below.

(1) Affected persons are required to notify, in writing, the Director of Human Resources

of their continued eligibility for insurance coverage exactly thirty (30), sixty (60) and ninety (90) calendar days following the date of layoff except in either of the two (2) instances described directly below.

(2) If an affected person accepts employment outside of the District, or if that person is

covered by hospital, medical (including prescription card), dental, vision, or life insurance not provided by the District, then the insurance coverage provided by the District shall cease immediately.

17.8 Accrued Vacation/Compensatory Time

Affected persons are entitled to earned vacation and/or compensatory time off credit under the conditions described directly below.

(1) An affected person may decide to receive monetary compensation for earned vacation

and/or compensatory time off credit. Such monetary compensation shall be paid to the affected person on the next regularly scheduled payroll date following the date of layoff of the affected person.

(2) If an affected person decides to take earned vacation and/or compensatory time off

credit instead of compensation, he or she shall begin using any earned vacation and/or compensatory time off the workday immediately following the date of layoff. The District may not require an affected person to use earned vacation and/or compensatory time off during the thirty (30) calendar day notification period.

(3) Previously scheduled vacations of affected persons shall be canceled.

17.9 Seniority

During the thirty-nine (39) month re-employment period, no affected person shall earn seniority credit or accrue vacation, sick leave, or holiday benefits.

However, the seniority of an affected person shall remain throughout the thirty-nine (39) month re-employment period at the status it was on the date of layoff.

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The District shall maintain a current listing of all unit members and affected persons, which indicates date-of-hire seniority and classification seniority. A copy of this listing shall be sent to the CSEA President each June 30th and within twenty-four (24) hours after request.

17.10 Substitutes

At no time can voluntary help, non-bargaining unit employees, certificated employees, contract services, or work study students replace a classified employee who has been laid off due to lack of work or lack of funds. If this is done, the classified employee who has been laid off will immediately be re-employed in their former job classification with no loss of salary or benefits.

17.11 Miscellaneous

The District will notify affected persons and affected reassigned employees by certified mail or other means of delivery that ensures notification to the affected persons or affected reassigned employees and a receipt for delivery of all vacancies. If an affected person or an affected reassigned employee qualifies for the vacancy, the affected individual will be eligible to fill that vacancy without further examination. Eligibility will be determined by experience in lower included classifications or by ability to meet minimum qualifications for the vacancy.

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ARTICLE 18 GRIEVANCE PROCEDURE 18.1 Purpose

The purpose of this procedure is to provide an orderly method of resolving grievances, as promptly as possible, that may arise under the terms and conditions of this Agreement.

18.2 Definitions

A "grievant" is any member or group of members of the bargaining unit who file(s) a written allegation that there has occurred a violation of a provision(s) of this Agreement.

A "grievance" is a formal, written allegation by a grievant that there has occurred a violation of a provision(s) of this Agreement.

A "day" is any day during which the administrative offices of the District are open for business.

An "immediate supervisor," for the purposes of this Article, is the designated management position having direct line authority over the grievant.

18.3 General Provisions

It is mutually agreed that grievances should be processed as promptly as possible. If a grievance is not processed by the grievant in accordance with the time limits specified herein, the grievance shall be considered settled on the basis of the last decision rendered. Time limits specified herein may be altered by the mutual, written consent of the grievant and the District.

A grievant may represent one's self or choose to have representation. If a grievant chooses not to be represented by the Association, the Association shall be informed of decisions and shall have the right to present in writing its views on the grievance at all levels of the procedure.

At any time during this procedure, the parties are encouraged to meet informally in an attempt to resolve the grievance.

Decisions rendered in writing shall set forth the decisions and the reason, and the decisions will be transmitted promptly. Time limits shall begin the day immediately following the filing of the grievance.

Records pertaining to the grievance shall be kept in a District file separate from the grievant's official personnel file.

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The Association shall have the right to file a grievance alleging a violation of its rights as described in ARTICLE 3, ASSOCIATION RIGHTS, of this Agreement.

Reasonable released time for the processing of grievances shall be provided members of the bargaining unit and Association representatives who are involved in the processing of grievances.

Grievances of a similar or like nature may be joined together as a single grievance upon the mutual agreement of the District and the Association.

For the purposes of this Article, the terms "Director of Human Resources" and/or "Superintendent/President" shall also mean their designees.

Grievances shall be documented on the Classified Bargaining Unit Agreement Grievance Processing Form, which may be obtained at the Human Resources Office.

18.4 Procedure 18.4.1 Informal Level

Within ten (10) work days after the grievant knew, or could reasonably have known, of the event or condition upon which the alleged grievance is based, the grievant shall meet with his/her immediate supervisor to attempt to resolve the alleged grievance.

18.4.2 Formal Levels

Level One

If the grievance is not resolved at the informal level, the grievant may within five (5) work days of the informal meeting submit a formal, written grievance to the immediate supervisor.

The written grievance shall set forth in a clear and concise manner the provision(s) alleged to have been violated, the circumstances involved, and the specific remedy sought.

Within five (5) work days of the filing of the formal, written grievance, the parties shall meet in an attempt to resolve the alleged grievance.

The immediate supervisor shall have three (3) work days after the formal meeting in which to render a written decision to the grievant. If the grievance is not resolved at Level One, or if the immediate supervisor has not rendered a decision within the three (3) work day time limit, the grievant may appeal the decision in writing to the Director of Human Resources within three (3) work days of

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receipt of the written decision or within three (3) work days of the expiration of the Level One time limit if no decision has been rendered.

The written appeal to Level Two shall include a copy of the original alleged grievance, the decision rendered at Level One, if any, and the reasons for the appeal.

Level Two

Within five (5) work days of the filing of the appeal to Level Two, the grievant and the Director of Human Resources shall meet in an attempt to resolve the alleged grievance.

The Director of Human Resources shall have three (3) work days after the Level Two meeting in which to render a written decision to the grievant. If the grievance is not resolved at Level Two, or if the Director of Human Resources has not rendered a decision within the three (3) work day time limit, the grievant may appeal the decision in writing to the Superintendent/President within three (3) work days of receipt of the written decision or within three (3) work days of the expiration of the Level Two time limit if no decision has been rendered.

The written appeal to Level Three shall include a copy of the original alleged grievance, both decisions rendered at prior levels, if any, and the reasons for the appeal.

Level Three

Within ten (10) work days of the filing of the appeal to Level Three, the grievant and the Superintendent/President shall meet in an attempt to resolve the alleged grievance.

The Superintendent/President shall have five (5) work days after the Level Three meeting in which to render a written decision to the grievant. If the grievance is not resolved at Level Three, or if the Superintendent/President has not rendered a decision within the five (5) work day time limit, the grievant may appeal the decision in writing to the Board of Trustees within five (5) work days of receipt of the written decision or within five (5) work days of the expiration of the Level Three time limit if no decision has been rendered.

The written appeal to Level Four shall include a copy of the original alleged grievance, all decisions rendered at prior levels, if any, and the reasons for the appeal.

Level Four

The Board of Trustees will schedule a hearing on the appeal at its next regularly scheduled public meeting after receipt of the appeal. The hearing on the appeal may be either public or in executive session at the discretion of the grievant. The grievant and any representatives shall have the opportunity to testify and present evidence and witnesses at the hearing.

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Within five (5) work days of the Level Four hearing, the Board of Trustees will deliver to the grievant its written decision in regard to the grievance. The decision of the Board of Trustees shall be final and binding.

18.4.3 Group Grievance

If the grievance involves employees with different immediate supervisors, the grievance may be filed at Level Two.

18.4.4 Policy Grievance

If the grievance involves District-wide policy, practice or interpretation of this agreement, the grievance may be submitted at Level Two.

18.4.5 Grievance Witnesses

The District shall make available for testimony in connection with the grievance procedure any District employees whose appearance is requested by the grievant. Any employee witnesses required to appear in connection with this article shall suffer no loss of pay during the time required for testimony.

18.4.6 Grievant Release Time

The grievant shall be entitled to present his/her grievances during his/her regularly scheduled hours of work without loss of pay. This would also apply to the representative as well as the grievant.

18.4.7 Withdrawal of Grievance

If at any time during the foregoing process a grievant desires to withdraw his/her grievance, it shall be withdrawn without regard to the wishes of a representative or anyone else. The grievant must be present at all times in conferences held for the purpose of resolving the grievance.

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ARTICLE 19 DISCIPLINARY PROCEDURE

19.1 Introduction

Any employee designated as a permanent employee shall be subject to disciplinary action for cause as prescribed by rules or regulations of the governing board, but the governing board's determination of the sufficiency of the cause for disciplinary action shall be conclusive.

No disciplinary action shall be taken for any cause which arose prior to the employee's becoming permanent, nor for any cause which arose more than two years preceding the date of filing of the notice of cause unless such cause was concealed or not disclosed by such employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing district.

An employee receiving a disciplinary action shall have the right to the presence of a

representative of his/her choice at all times during these proceedings.

19.2 Definitions

For the purposes of this article, the following definitions apply:

19.2.1 "Progressive discipline" is the process of changing an employee's behavior through the application of a series of actions that become progressively more severe in nature. However, the sequence and severity of the disciplinary actions may vary depending on the seriousness of the offense and circumstances surrounding it.

19.2.2 "Discipline (disciplinary action)" is the action or actions taken to change the

behavior of employees who fail to follow established rules and regulations, or to meet job performance standards. It is a form of training designed to correct undesirable conduct and encourage the development of self-control. Excepting an action for dismissal, the paramount objective of discipline is not to punish employees by penalizing them for past violations but to change their behavior by making them responsible for their future actions. Disciplinary actions, for the purposes of hearing rights are defined as suspension, demotion, or dismissal.

19.2.3 A "verbal warning" may be given for a specific behavior that violates District policy, a

failure to obey the lawful orders of a supervisor/administrator, any conduct specified under the Dismissal For Cause section of this article, or when circumstances or events occur that makes it necessary for this action to be taken. A verbal warning may be given to an employee by the employee's supervisor, department head/Vice President, or the Chief Human Resource Officer.

Verbal warnings are not punitive in nature. They are notices to an employee that

he/she has violated a rule or regulation and must change his/her behavior in such a way

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that he/she will not violate the rule or regulation again. Verbal warnings shall be documented on the Verbal Warning/Written Reprimand Documentation Form.

19.2.4 A "written reprimand" is given for the same behavior(s) as a verbal warning and is used when a verbal warning has not affected the appropriate behavioral response on the part of the employee within a reasonable period of time. A written reprimand may be given to the employee by the employee's supervisor, department head/Vice President, or the Chief Human Resource Officer. Additionally, a written reprimand may be issued when an employee commits a specific act that is of a nature that a verbal warning is deemed to be an insufficient or inappropriate action for the seriousness of the act committed. Written reprimands shall be documented on the Verbal Warning/Written Reprimand Documentation Form.

19.2.5 "Suspension" is an enforced absence, with or without pay, for not more than thirty (30) working days. An employee may be suspended pending the investigation of charges.

19.2.6 "Demotion" is an enforced reduction to a lower classification.

19.2.7 "Dismissal" is termination from employment for just cause. Suspension, demotion, or dismissals shall be documented on the Disciplinary Suspension, Demotion, or Dismissal Form.

19.3 Progressive Discipline Procedure 19.3.1 Disciplinary actions taken against a permanent classified employee must be

progressive in nature. Only in those cases where an employee's conduct includes the activities specified in the Dismissal For Cause section of this article may disciplinary action be taken without a prior attempt to effect appropriate behavioral change in the employee.

19.3.2 Progressive discipline shall include the following steps:

(1) Pre- Disciplinary Counseling

Within ten (10) work days of the occurrence of the inappropriate behavior, the supervisor and employee will meet to discuss the employee's behavior. The discussion focuses on actions that the employee must take to bring his/her behavior in line with established rules and regulations and/or expectation standards of job performance.

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(2) Verbal Warning If the inappropriate behavior continues, within ten (10) work days after the repeated occurrence, the supervisor may give the employee a verbal warning. The verbal warning must specify the reasons for the disciplinary action and the corrective actions the employee must take in making an appropriate behavioral change. The supervisor meets with the employee to discuss his/her inappropriate behavior and completes a Verbal Warning Documentation Form. This document is forwarded to the Chief Human Resource Officer to be placed in a sealed envelope in the employee's personnel file and a copy given to the employee. The employee shall be given five (5) business days after receipt of the Verbal Warning Documentation Form to prepare a written response/rebuttal which shall be placed in the personnel file. If no further disciplinary action is required, all record of the verbal warning and the response/rebuttal shall be destroyed two years after its date of issue. (3) Written Reprimand

If the employee has received one (1) or more verbal warnings and his/her behavior continues to be inappropriate, or if he/she commits an act considered to be of a serious nature, the employee may be given a written reprimand. The written reprimand must specify the reasons for the disciplinary action and the corrective actions the employee must take in making the appropriate behavioral change. Within two (2) work days a Written Reprimand Documentation Form will be completed and forwarded to the Chief Human Resource Officer to be placed in a sealed envelope in the employee's personnel file with a copy given to the employee. The employee shall be given five (5) business days after receipt of the Written Reprimand Documentation Form to prepare a written response/rebuttal which shall be placed in the personnel file. If no further disciplinary actions are initiated within a three (3) year period, disciplinary action documents, including the response/rebuttal shall be purged from the employee's personnel file and destroyed.

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(4) Suspension, Demotion or Dismissal If the employee has received one (1) or more written reprimands and his/her behavior continues to be inappropriate, or if he/she commits an act considered to be of a serious nature, the employee may be suspended, demoted, or dismissed. No permanent classified employee shall be terminated for reasons of substandard job performance without first being notified of the specific job duties that need to be improved and then given adequate time to make these improvements. The employee and his/her supervisor shall develop a written plan describing the specific actions the employee must take to bring his/her job performance up to acceptable standards. Forty-five (45) work days after the plan is put into action, the employee and supervisor will meet to discuss the employee's progress toward meeting performance standards. If the employee fails to meet performance standards after this period, he/she shall be given appropriate disciplinary action. If no further disciplinary actions are initiated within a three (3) year period, disciplinary action documents shall be purged from the employee's personnel file and destroyed, unless otherwise required by law.

19.3.3 Process for disciplinary action, suspension, demotion and dismissal.

Education Code Section 88013. (1) Pre-Disciplinary Rights

(a) Prior to the imposition of discipline (Suspension, Demotion, or Dismissal), the

Chief Human Resource Officer shall give written notice to the classified employee. This written Notice of Proposed Disciplinary Action shall be served by certified mail or personal delivery to the classified employee at least ten (10) calendar days prior to the date when discipline may be imposed. In emergency situations where it is deemed appropriate to remove the classified employee immediately, the classified employee shall not lose compensation prior to the date when discipline may commence. Discipline may be imposed if the request for a pre-discipline hearing is waived or after the pre-disciplinary hearing is concluded.

(b) The written Notice of Proposed Disciplinary Action shall be served by certified

mail or personal delivery. Service by certified mail shall be deemed complete on the date of mailing. The contents of the written notice shall include at least the following: 1. A statement in ordinary and concise language of the specific acts and

omissions upon which the proposed disciplinary action is based. Such statement may incorporate by reference the acts and omissions described in attached memoranda or other attached documents.

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2. The specific disciplinary action proposed.

3. The cause(s) or reason(s) for the specific disciplinary action proposed.

4. A copy of the applicable regulation(s) where it is claimed a violation of regulation(s) took place.

5. A statement that the classified employee has the right to respond to the

matters raised in the written notice both orally and in writing, prior to the end of the ten (10) calendar days following the date the written notice was served.

6. A statement that the classified employee, upon request, is entitled to

appear personally before the Chief Human Resource Officer regarding the matters raised in the written notice prior to the end of the ten (10) calendar days following the date the written notice was served. At such meeting, the classified employee shall be granted a reasonable opportunity to make any representations the classified employee believes are relevant to the cause.

7. Within five (5) work days after the hearing before the Chief Human

Resource Officer, the classified employee shall be advised of the decision in writing. The decision to uphold, modify, or overturn the recommended discipline shall contain the reasons for the decision within the document.

(2) Post-Disciplinary Hearing Right (a) If discipline is imposed the classified employee shall be entitled to a post-

disciplinary evidentiary hearing with a third party hearing officer. (b) The Chief Human Resource Officer shall serve the classified employee a written

Decision which shall be accompanied by a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. To request a hearing, said card or paper shall be filed with the Chief Human Resource Officer within five (5) work days after service of the decision or the right to such hearing is waived.

(c) Within ten (10) work days of receipt of the appeal request, the Chief Human

Resource Officer shall arrange for a third party hearing officer (selected from a pre-determined, agreed upon list of area mediators /arbitrators). The cost for the services shall be borne completely by the district.

(d) This classified employee shall have the following rights and the hearing shall be

conducted in the following manner: 1. To representation by counsel or other lawful representative;

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2. To personally appear; 3. All testimony shall be given under oath; 4. To call witnesses to testify on his/her behalf and the District shall require

such witnesses to appear and testify; 5. To cross examine all adverse witnesses; 6. To examine all documentary evidence the District proposes to use a

reasonable time (not less than five days) before the hearing; 7. The burden of proof shall remain with the District to prove by a

preponderance of evidence that the discipline was warranted; 8. Any and all other rights which a Court of competent jurisdiction may

decide arise out of an employee’s due process rights in this disciplinary setting.

9. Within five (5) working days the third party hearing officer shall render

his/her findings in writing.

(3) Post Disciplinary Hearing Appeal—Final Step (a) If the employee is not satisfied with the findings from the third party hearing

officer, he/she may, within five (5) work days of receipt of the findings from the third party hearing officer, appeal to the Board of Trustees: 1. At the next regular meeting, or as soon thereafter as can reasonably be

arranged, the President of the Board shall convene an appeal hearing from the third party hearing officer’s findings.

2. Within thirty days after the hearing, the Board of Trustees shall render

its findings to the petitioning employee. 3. The Board hearing shall be limited to the following: it shall consider the

findings of the third party hearing officer; it shall permit the employee and/or his/her representatives to make argument and to allow an appropriate reply on the art of the College’s representative; and it may admit any additional evidence which would have been otherwise admitted at the hearing before the third party hearing officer but was inappropriately excluded or was not available or discovered until after the hearing was concluded.

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4. In the event the Board of Trustees makes a final decision to modify or reverse the initial action taken by the District and the discipline has already been imposed, the employee shall be entitled to such make-whole relief as the Board of Trustees deems appropriate.

5. A copy of the written decision by the Board of Trustees shall be sent to the

employee and his/her representative no later than five (5) working days after it is adopted. The decision shall include findings of fact and determination of issues by the Board.

6. The Board's determination of the sufficiency of the cause for disciplinary

action shall be conclusive in all cases.

7. The employee may request the Board of Trustees' appeal hearing be held in open or closed session. If the employee is reinstated all salary and benefits lost during the post-termination hearing process shall be restored to the employee.

19.4 Grounds for Demotion, Suspension or Dismissal: A permanent employee may have disciplinary action taken for cause, including but not

limited to, the following:

(1) Incompetency or inefficiency in the performance of the duties of his/her position.

(2) Insubordination, including but not limited to refusal to do assigned work.

(3) Carelessness or negligence in the performance of duty, or in the care or use of District property.

(4) Discourteous, offensive, or abusive conduct or language toward other

employees, students, or the public.

(5) Dishonesty. (6) Drinking alcoholic beverages on the job, or reporting to work while under the

influence of intoxicating substances.

(7) Conviction or the illegal possession of or use of narcotics.

(8) Violation of the Drug Free Workplace Act of 1988.

(9) Continuing illness of a disabling nature which could render the employee incapable of performing his/her required duties.

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(10) Personal conduct unbecoming an employee of the district. (11) Engaging in political activities during assigned hours of work.

(12) Conviction of a felony or misdemeanor involving moral turpitude.

(13) Repeated or unexcused absence or tardiness.

(14) Abuse of any leave privileges.

(15) Providing false or misleading information on application forms or examination

and employment records. (16) Offering anything of value or any service or special treatment in connection

with the employee’s job or employment, or in acceptance of anything of value or any service in exchange for granting any special treatment to any other employee or to any members of the public.

(17) Abandonment of position after three (3) consecutive days of unreported absence.

(18) Advocacy of the overthrow of federal, state or local government by force,

violence or other unlawful means.

(19) Willful or persistent violation of the laws and regulations made applicable to the public schools by the Board of Trustees, or by any other appropriate federal, state or local government agency.

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ARTICLE 20 PROFESSIONAL GROWTH PROGRAM It shall be the policy of the Board of Trustees to encourage continued and active

participation on the part of all classified employees in professional growth activities designed to improve service to the District.

Professional Growth activities may be District-sponsored activities held outside of

regular assignment and educational activities of other agencies. Credit for participation in these activities shall be reflected in an earned professional

growth increment as approved by the Board. Professional Growth is being developed if: 1. The experience reflects increased knowledge, understanding, and skills in the

participant's regular assignment; or in an assignment that is included within the employee's classification groupings (i.e., related classifications as in higher classifications.)

2. The Professional Growth experience results in professional development manifested

by an increase in knowledge, skills, alertness and a better ability to respond to the needs of the District, its students and the community.

Employees Eligible to Participate in the Professional Growth Program:

1. Individual must be a permanent employee.

2. Employee must be in a paid status upon completion of a segment.

3. Any employee enrolled in the Professional Growth Program who has terminated his/her employment with the District and is re-employed within thirty-nine (39) months on a regular basis may resume his/her Professional Growth Program in order to complete that segment, and use all points earned prior to the date of termination.

Procedure for Completing Professional Growth Program:

1. Each segment will require the completion of eighteen (18) points.

2. The employee shall apply for approval prior to course work being taken. The Director

of Human Resources shall grant or deny approval of the class for professional growth credit within ten (10) working days from the date of the employee's application request.

3. All professional growth candidates taking courses must obtain a passing grade of “C” or better.

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4. Employees must submit evidence of satisfactory completion of course work to the Human Resources Office by June 30th.

5. Employees who anticipate completing a segment at the conclusion of a fiscal year must have registered their intent with the Director of Human Resources by February 1 of that fiscal year.

6. The cash award shall be aid annually in August following the completion of each

segment. Employee must be in a paid status on June 30th.

7. Professional growth points in excess of eighteen (18) can be rolled over to the next segment provided the employee continues enrollment in one or more professional growth activities per year throughout the segment, provided that no degree has been completed. Completion of a degree and 15 units will culminate in completion of a segment. Only one AA, Bachelor’s or Master’s degree will count as above.

8. There shall be a total of five (5) program segments and each segment has a four (4) year time period for completion with the exception of the first program segment, which has a time limit of six (6) years.

AWARD SCHEDULE

ANNUAL AWARDS PAID BY

SEGMENT

ANNUAL AWARDS PAID MAXIMUM

ACCUMULATION

1st Program Segment $300.00 $ 300.00

2nd Program Segment $275.00 $ 575.00

3rd Program Segment $250.00 $ 825.00

4th Program Segment $225.00 $1,050.00

5th Program Segment $200.00 $1,250.00

9. An employees on an approved personal leave of absence or layoff may extend his/her current segment for one additional year upon written notification to the Director of Human Resources

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Criteria: 1. College or University, community college, trade school, or adult education

courses:

a. should relate to the position currently occupied by the employee, or in an assignment that is included within the employee's classification groupings (i.e., related classification as in higher classifications).

OR b. should meet the requirements of the position for which the employee is

training within his /her job class grouping or the professional growth experience in professional development manifested by an increase in knowledge, skills, alertness and is able to respond to the needs of the District, its students, and the community.

2. No credit will be allowed for activities taken during the employee’s normal work

schedule with the exception of flex week and approved District workshops or seminars. (Approved District workshops are those approved in advance by the Director of Human Resources.)

a. The following activities are considered professional growth activities under

this program: (1) Professional seminars and workshops sponsored by the District or outside

agencies and paid for by the employee, and taken outside the employee's normal work schedule.

(2) Educational courses paid for by the employee and taken outside the

employee's normal work schedule. (3) Other educational and training activities outside normal working hours,

e.g. flex activities, community and focus groups. b. The following activities are not considered professional growth activities

under this program:

(1) Orientation, on-the-job training, safety training, informational meetings and committee meetings.

(2) Educational and training activities (fees, tuition, books and materials,

release time) which are paid for by the District.

Completed points must be reported to the Director of Human Resources Office within ten (10) days of completion or no later than February 1.

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Categories:

1. Courses taken at an accredited institution are computed as one unit of credit or one point.

2. Workshops/seminars, approved by Director of Human Resources, 15 hours = 1

point

Presenter: If a classified employee is presenting a seminar and is enrolled in the Professional Growth Program, they shall earn double credit for that seminar.

3. Special Programs: 15 hours attendance = 1 point

a. Institutes

(1) A short educational program established for a group concerned with some special field work and Lectures - Prior approval is required by the Director of Human Resources.

4. Individual Research: A maximum of three (3) points may be received for each

project completed during a Professional Growth Program Segment: a. A one page written project proposal must be given to the Director of Human

Resources.

b. Lectures

(1) Lectures shall Approval of a project for Professional Growth Credit must be selected from those approved provided in writing by the District (Director of Human Resources) prior to starting the project.

5. Individual Research: A maximum of three (3) points may be received for each

project completed during a Professional Growth Program Segment: a. A project may be used to improve quality and efficiency of employee's work

and/or service within the District.

b. A project proposal may be used to improve quality and efficiency of employee's work and/or service within the District.

c. The completed project report must be submitted to the Director of Human

Resources where the number of points will be determined.

(Note: Professional Growth Points are calculated to one decimal point for activities other than course work.)

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ARTICLE 21 SEPARABILITY AND SAVINGS

If any provision of this agreement is held to be invalid by a court or other tribunal of competent jurisdiction, such provision shall be inoperative, but all other provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. In the event any provision of this Agreement is held to be invalid as described directly above, the parties agree to meet and negotiate for the sole purpose of arriving at a mutually satisfactory replacement for the invalidated provision. This meeting shall take place no later than ten (10) calendar days after receipt of a copy of the transcript of the decision that invalidated the provision of this Agreement.

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ARTICLE 22 COMPLETION OF MEETING AND NEGOTIATING

During the term of this Agreement, the District and the Association expressly waive and relinquish the right to meet and negotiate on any subject whether or not it is referred to in this Agreement.

However, any portion of this Agreement may be reopened for negotiations at any time by the mutual consent of the parties.

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ARTICLE 23 SAFETY

Employee safety is a primary concern of the District and the Association.

The District agrees to provide safe conditions under which unit members are required to work and to comply with standards prescribed by applicable federal, state, and local laws, regulations, and ordinances affecting the safety of employees.

Members of the bargaining unit agree to remedy any unsafe condition the employee notices and/or report the condition immediately to their supervisor.

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ARTICLE 24 EFFECT OF AGREEMENT

The parties agree that the specific provisions contained in this Agreement shall prevail over District practices and procedures and over state laws to the extent permitted by state law and that in the absence of specific provisions in this Agreement such provisions that are covered under applicable codes shall be in effect.

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EXHIBIT A

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EXHIBIT B

IMPERIAL VALLEY COLLEGE CLASSIFIED POSITIONS BY SALARY RANGE & SPECIFICATION

2008-2009

REGULAR CLASSIFIED RANGE CLASS SPECIFICATION 35 Grant Program Specialists 35 Webmaster 32 Computer Data Analyst 32 Senior Computer Programmer/Data Analyst 30 Water Systems Treatment Specialist 28 Foster & Kinship Care and Independent Living Program Coordinator (Vacant/Inactive) 27 Sign Language Interpreter III 26 Counseling Specialist (Vacant/Inactive) 25 Athletic Trainer (Reclass 9/07) 24 Accountant 24 Maintenance Worker III/HVAC 24 Math Lab Instructional Specialist 23 Communications Systems Specialist (Reclass 5/08) 23 Microcomputer Technician (Reclass 9/07) 22 Automotive Technology Student Employment Specialist 22 Sign Language Interpreter II 22 Work Ability III – Career Development Specialist 21 Graphic Arts/Reprographics Coordinator (Reclass 3/08) 21 Microcomputer Media Technician 21 Technology Center Technician 21 Technology Support Technician 20 Financial Aid Officer 19 Accounting Coordinator 19 Coordinator of Academic Support Services (Reclass 7/07) 19 Grounds Maintenance Supervisor 19 Maintenance Worker II/Locksmith 19 Purchasing & Receiving Coordinator (Reclass 7/07) 19 Student Services Specialist – Evaluator 19 Vehicle and Equipment Mechanic 18 Administrative Secretary 18 Maintenance Worker II 18 Parking Control Officer 18 Reprographics Center Specialist (Reclass 7/08) 18 Small Business Secretary 18 Student Services Specialist (Admissions and Records) 17 Language Lab Coordinator (Reclass 7/07) 17 Learning Support Services Coordinator (Reclass 7/08)

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17 Reading/Writing Lab Coordinator 17 Sign Language Interpreter I 17 Student Services Specialist (Student Life) 16 Science Lab Technician 16 Staff Secretary III 15 Accounting Technician (Reclass 9/07) 15 Audiovisual Media Technician 15 Learning Services Technician (R/W Lab) 15 Microcomputer Lab Technician 14 Admissions and Records Technician (Reclass 7/08) 14 Assessment Center Technician 14 Budget Technician 14 Financial Aid Technician 14 Instructional Support Technician 14 Library Technician III (Circulation) 14 Library Technician III (Serials) 14 Nursing Simulations & Computer Lab Technician (Reclass 7/08) 14 Purchasing Technician (Reclass 7/07) 14 Tool Room/Auto Shop Technician 13 Preschool/Infant/Toddler Teacher 13 Student Services Technician -Counseling Services 13 Student Services Technician -Extended Campus 13 Student Services Technician - Parking (Reclass 7/08) 12 Instructional Support Assistant (Reclass 7/08) 12 Library Technician II 12 Microcomputer Lab Assistant 12 Staff Secretary II 11 Financial Aid Assistant/Receptionist 11 Grounds Maintenance Worker 11 Lead Custodian 11 Student Services Representative – Extended Campus 11 Transportation Operator (Vacant/Inactive) 10 Instructional Lab Assistant 10 Math Lab Assistant (Reclass 6/07) 10 Language Lab Assistant 10 Staff Secretary I 10 Student Services Assistant – Parking (Reclass 7/08) 09 Office Assistant III/CalWORKS (Reclass 7/07) 09 Office Assistant III 08 Audiovisual Assistant I 08 Mail Room/Office Assistant 08 Custodian 08 Library Technician I 08 Office Assistant II 06 Office Assistant I (Vacant/Inactive) 7/08 (83) Regular Classified Bargain Unit Classifications

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EXHIBIT C

CLASSIFIED SALARY SCHEDULE #3

YEAR 2007 – 2008

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Range 1STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------1,811 1,901 1,997 2,096 2,201 2,311 2,427 2,549 2,676 2,810 2,950 3,097 3,252 3,414

YR 21,732 22,812 23,964 25,152 26,412 27,732 29,124 30,588 32,112 33,720 35,400 37,164 39,024 40,968

DA 83.31 87.45 91.86 96.42 101.25 106.31 111.64 117.25 123.10 129.26 135.70 142.46 149.59 157.04

HR 10.41 10.93 11.48 12.05 12.66 13.29 13.96 14.66 15.39 16.16 16.96 17.81 18.70 19.63

Range 2STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------1,866 1,959 2,057 2,159 2,267 2,381 2,499 2,625 2,756 2,894 3,039 3,190 3,350 3,517

YR 22,392 23,508 24,684 25,908 27,204 28,572 29,988 31,500 33,072 34,728 36,468 38,280 40,200 42,204

DA 85.84 90.11 94.62 99.31 104.28 109.53 114.95 120.75 126.78 133.12 139.79 146.74 154.10 161.78

HR 10.73 11.26 11.83 12.41 13.04 13.69 14.37 15.09 15.85 16.64 17.47 18.34 19.26 20.22

Range 3STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------1,921 2,018 2,117 2,224 2,336 2,452 2,575 2,703 2,838 2,980 3,129 3,286 3,450 3,623

YR 23,052 24,216 25,404 26,688 28,032 29,424 30,900 32,436 34,056 35,760 37,548 39,432 41,400 43,476

DA 88.37 92.83 97.38 102.30 107.46 112.79 118.45 124.34 130.55 137.08 143.93 151.16 158.70 166.66

HR 11.05 11.60 12.17 12.79 13.43 14.10 14.81 15.54 16.32 17.14 17.99 18.89 19.84 20.83

IMPERIAL VALLEY COLLEGECLASSIFIED SALARY SCHEDULE 3

YEAR 07-085% Salary Schedule Increase (PLUS 1.5% one-time increase for 2007-08 only)

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Classified Salary Schedule 3 YEAR 07-08

5% Salary Schedule Increase (PLUS 1.5% One-Time increase for 2007-08 only)

Range 4STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------1,979 2,079 2,181 2,290 2,406 2,526 2,651 2,785 2,923 3,069 3,223 3,385 3,554 3,731

YR 23,748 24,948 26,172 27,480 28,872 30,312 31,812 33,420 35,076 36,828 38,676 40,620 42,648 44,772

DA 91.03 95.63 100.33 105.34 110.68 116.20 121.95 128.11 134.46 141.17 148.26 155.71 163.48 171.63

HR 11.38 11.95 12.54 13.17 13.83 14.52 15.24 16.01 16.81 17.65 18.53 19.46 20.44 21.45

Range 5STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------2,038 2,140 2,246 2,360 2,478 2,601 2,731 2,868 3,010 3,162 3,320 3,487 3,660 3,843

YR 24,456 25,680 26,952 28,320 29,736 31,212 32,772 34,416 36,120 37,944 39,840 41,844 43,920 46,116

DA 93.75 98.44 103.32 108.56 113.99 119.65 125.63 131.93 138.46 145.45 152.72 160.40 168.36 176.78

HR 11.72 12.31 12.91 13.57 14.25 14.96 15.70 16.49 17.31 18.18 19.09 20.05 21.05 22.10

Range 6STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------2,100 2,204 2,315 2,430 2,552 2,680 2,814 2,955 3,102 3,257 3,420 3,590 3,770 3,959

YR 25,200 26,448 27,780 29,160 30,624 32,160 33,768 35,460 37,224 39,084 41,040 43,080 45,240 47,508

DA 96.60 101.38 106.49 111.78 117.39 123.28 129.44 135.93 142.69 149.82 157.32 165.14 173.42 182.11

HR 12.08 12.67 13.31 13.97 14.67 15.41 16.18 16.99 17.84 18.73 19.67 20.64 21.68 22.76

Range 7STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------2,162 2,271 2,384 2,503 2,628 2,759 2,898 3,043 3,195 3,354 3,522 3,699 3,883 4,077

YR 25,944 27,252 28,608 30,036 31,536 33,108 34,776 36,516 38,340 40,248 42,264 44,388 46,596 48,924

DA 99.45 104.47 109.66 115.14 120.89 126.91 133.31 139.98 146.97 154.28 162.01 170.15 178.62 187.54

HR 12.43 13.06 13.71 14.39 15.11 15.86 16.66 17.50 18.37 19.29 20.25 21.27 22.33 23.44

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Classified Salary Schedule 3 YEAR 07-08

5% Salary Schedule Increase (PLUS 1.5% One-Time increase for 2007-08 only)

Range 8STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------2,228 2,339 2,455 2,578 2,707 2,842 2,984 3,133 3,290 3,455 3,628 3,809 4,000 4,199

YR 26,736 28,068 29,460 30,936 32,484 34,104 35,808 37,596 39,480 41,460 43,536 45,708 48,000 50,388

DA 102.49 107.59 112.93 118.59 124.52 130.73 137.26 144.12 151.34 158.93 166.89 175.21 184.00 193.15

HR 12.81 13.45 14.12 14.82 15.57 16.34 17.16 18.01 18.92 19.87 20.86 21.90 23.00 24.14

Range 9STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------2,294 2,409 2,529 2,656 2,788 2,927 3,073 3,228 3,389 3,559 3,736 3,923 4,119 4,326

YR 27,528 28,908 30,348 31,872 33,456 35,124 36,876 38,736 40,668 42,708 44,832 47,076 49,428 51,912

DA 105.52 110.81 116.33 122.18 128.25 134.64 141.36 148.49 155.89 163.71 171.86 180.46 189.47 199.00

HR 13.19 13.85 14.54 15.27 16.03 16.83 17.67 18.56 19.49 20.46 21.48 22.56 23.68 24.87

Range 10STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------2,363 2,481 2,604 2,734 2,872 3,017 3,167 3,325 3,492 3,665 3,849 4,042 4,243 4,455

YR 28,356 29,772 31,248 32,808 34,464 36,204 38,004 39,900 41,904 43,980 46,188 48,504 50,916 53,460

DA 108.70 114.13 119.78 125.76 132.11 138.78 145.68 152.95 160.63 168.59 177.05 185.93 195.18 204.93

HR 13.59 14.27 14.97 15.72 16.51 17.35 18.21 19.12 20.08 21.07 22.13 23.24 24.40 25.62

Range 11STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------2,434 2,556 2,684 2,817 2,959 3,106 3,261 3,425 3,596 3,775 3,965 4,163 4,371 4,589

YR 29,208 30,672 32,208 33,804 35,508 37,272 39,132 41,100 43,152 45,300 47,580 49,956 52,452 55,068

DA 111.96 117.58 123.46 129.58 136.11 142.88 150.01 157.55 165.42 173.65 182.39 191.50 201.07 211.09

HR 14.00 14.70 15.43 16.20 17.01 17.86 18.75 19.69 20.68 21.71 22.80 23.94 25.13 26.39

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Classified Salary Schedule 3 YEAR 07-08

5% Salary Schedule Increase (PLUS 1.5% One-Time increase for 2007-08 only)

Range 12STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------2,507 2,633 2,764 2,902 3,047 3,199 3,360 3,528 3,704 3,888 4,083 4,287 4,502 4,727

YR 30,084 31,596 33,168 34,824 36,564 38,388 40,320 42,336 44,448 46,656 48,996 51,444 54,024 56,724

DA 115.32 121.12 127.14 133.49 140.16 147.15 154.56 162.29 170.38 178.85 187.82 197.20 207.09 217.44

HR 14.42 15.14 15.89 16.69 17.52 18.39 19.32 20.29 21.30 22.36 23.48 24.65 25.89 27.18

Range 13STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------2,582 2,711 2,847 2,988 3,138 3,296 3,459 3,633 3,814 4,005 4,205 4,415 4,638 4,868

YR 30,984 32,532 34,164 35,856 37,656 39,552 41,508 43,596 45,768 48,060 50,460 52,980 55,656 58,416

DA 118.77 124.71 130.96 137.45 144.35 151.62 159.11 167.12 175.44 184.23 193.43 203.09 213.35 223.93

HR 14.85 15.59 16.37 17.18 18.04 18.95 19.89 20.89 21.93 23.03 24.18 25.39 26.67 27.99

Range 14STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------2,659 2,792 2,932 3,079 3,233 3,394 3,564 3,742 3,929 4,126 4,331 4,548 4,776 5,014

YR 31,908 33,504 35,184 36,948 38,796 40,728 42,768 44,904 47,148 49,512 51,972 54,576 57,312 60,168

DA 122.31 128.43 134.87 141.63 148.72 156.12 163.94 172.13 180.73 189.80 199.23 209.21 219.70 230.64

HR 15.29 16.05 16.86 17.70 18.59 19.52 20.49 21.52 22.59 23.72 24.90 26.15 27.46 28.83

Range 15STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------2,739 2,877 3,021 3,171 3,329 3,496 3,670 3,854 4,047 4,249 4,461 4,685 4,920 5,164

YR 32,868 34,524 36,252 38,052 39,948 41,952 44,040 46,248 48,564 50,988 53,532 56,220 59,040 61,968

DA 125.99 132.34 138.97 145.87 153.13 160.82 168.82 177.28 186.16 195.45 205.21 215.51 226.32 237.54

HR 15.75 16.54 17.37 18.23 19.14 20.10 21.10 22.16 23.27 24.43 25.65 26.94 28.29 29.69

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Classified Salary Schedule 3 YEAR 07-08

5% Salary Schedule Increase (PLUS 1.5% One-Time increase for 2007-08 only)

Range 16STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------2,821 2,963 3,111 3,265 3,430 3,601 3,781 3,970 4,169 4,377 4,596 4,825 5,067 5,321

YR 33,852 35,556 37,332 39,180 41,160 43,212 45,372 47,640 50,028 52,524 55,152 57,900 60,804 63,852

DA 129.77 136.30 143.11 150.19 157.78 165.65 173.93 182.62 191.77 201.34 211.42 221.95 233.08 244.77

HR 16.22 17.04 17.89 18.77 19.72 20.71 21.74 22.83 23.97 25.17 26.43 27.74 29.14 30.60

Range 17STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------2,906 3,051 3,203 3,364 3,532 3,710 3,895 4,089 4,292 4,509 4,733 4,969 5,219 5,479

YR 34,872 36,612 38,436 40,368 42,384 44,520 46,740 49,068 51,504 54,108 56,796 59,628 62,628 65,748

DA 133.68 140.35 147.34 154.74 162.47 170.66 179.17 188.09 197.43 207.41 217.72 228.57 240.07 252.03

HR 16.71 17.54 18.42 19.34 20.31 21.33 22.40 23.51 24.68 25.93 27.21 28.57 30.01 31.50

Range 18STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------2,992 3,142 3,300 3,465 3,639 3,819 4,011 4,212 4,421 4,644 4,876 5,119 5,375 5,644

YR 35,904 37,704 39,600 41,580 43,668 45,828 48,132 50,544 53,052 55,728 58,512 61,428 64,500 67,728

DA 137.63 144.53 151.80 159.39 167.39 175.67 184.51 193.75 203.37 213.62 224.30 235.47 247.25 259.62

HR 17.20 18.07 18.98 19.92 20.92 21.96 23.06 24.22 25.42 26.70 28.04 29.43 30.91 32.45

Range 19STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------3,084 3,237 3,398 3,569 3,747 3,935 4,131 4,338 4,555 4,782 5,022 5,272 5,537 5,814

YR 37,008 38,844 40,776 42,828 44,964 47,220 49,572 52,056 54,660 57,384 60,264 63,264 66,444 69,768

DA 141.86 148.90 156.31 164.17 172.36 181.01 190.03 199.55 209.53 219.97 231.01 242.51 254.70 267.44

HR 17.73 18.61 19.54 20.52 21.55 22.63 23.75 24.94 26.19 27.50 28.88 30.31 31.84 33.43

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Classified Salary Schedule 3 YEAR 07-08

5% Salary Schedule Increase (PLUS 1.5% One-Time increase for 2007-08 only)

Range 20STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------3,175 3,333 3,501 3,676 3,860 4,053 4,256 4,468 4,691 4,926 5,172 5,431 5,703 5,987

YR 38,100 39,996 42,012 44,112 46,320 48,636 51,072 53,616 56,292 59,112 62,064 65,172 68,436 71,844

DA 146.05 153.32 161.05 169.10 177.56 186.44 195.78 205.53 215.79 226.60 237.91 249.83 262.34 275.40

HR 18.26 19.16 20.13 21.14 22.20 23.30 24.47 25.69 26.97 28.32 29.74 31.23 32.79 34.43

Range 21STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------3,270 3,434 3,605 3,787 3,976 4,175 4,384 4,602 4,832 5,074 5,328 5,594 5,874 6,167

YR 39,240 41,208 43,260 45,444 47,712 50,100 52,608 55,224 57,984 60,888 63,936 67,128 70,488 74,004

DA 150.42 157.96 165.83 174.20 182.90 192.05 201.66 211.69 222.27 233.40 245.09 257.32 270.20 283.68

HR 18.80 19.75 20.73 21.78 22.86 24.01 25.21 26.46 27.78 29.18 30.64 32.17 33.78 35.46

Range 22STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------3,369 3,537 3,714 3,900 4,095 4,300 4,515 4,740 4,978 5,226 5,487 5,761 6,050 6,352

YR 40,428 42,444 44,568 46,800 49,140 51,600 54,180 56,880 59,736 62,712 65,844 69,132 72,600 76,224

DA 154.97 162.70 170.84 179.40 188.37 197.80 207.69 218.04 228.99 240.40 252.40 265.01 278.30 292.19

HR 19.37 20.34 21.36 22.43 23.55 24.73 25.96 27.26 28.62 30.05 31.55 33.13 34.79 36.52

Range 23STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------3,470 3,644 3,825 4,016 4,217 4,428 4,650 4,882 5,127 5,384 5,652 5,934 6,231 6,543

YR 41,640 43,728 45,900 48,192 50,604 53,136 55,800 58,584 61,524 64,608 67,824 71,208 74,772 78,516

DA 159.62 167.62 175.95 184.74 193.98 203.69 213.90 224.57 235.84 247.66 259.99 272.96 286.63 300.98

HR 19.95 20.95 21.99 23.09 24.25 25.46 26.74 28.07 29.48 30.96 32.50 34.12 35.83 37.62

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Classified Salary Schedule 3 YEAR 07-08

5% Salary Schedule Increase (PLUS 1.5% One-Time increase for 2007-08 only)

Range 24STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------3,574 3,752 3,940 4,137 4,344 4,561 4,790 5,029 5,281 5,544 5,821 6,112 6,418 6,739

YR 42,888 45,024 47,280 49,644 52,128 54,732 57,480 60,348 63,372 66,528 69,852 73,344 77,016 80,868

DA 164.40 172.59 181.24 190.30 199.82 209.81 220.34 231.33 242.93 255.02 267.77 281.15 295.23 309.99

HR 20.55 21.57 22.66 23.79 24.98 26.23 27.54 28.92 30.37 31.88 33.47 35.14 36.90 38.75

Range 25STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------3,681 3,865 4,058 4,261 4,474 4,697 4,933 5,180 5,438 5,710 5,996 6,296 6,611 6,942

YR 44,172 46,380 48,696 51,132 53,688 56,364 59,196 62,160 65,256 68,520 71,952 75,552 79,332 83,304

DA 169.33 177.79 186.67 196.01 205.80 216.06 226.92 238.28 250.15 262.66 275.82 289.62 304.11 319.33

HR 21.17 22.22 23.33 24.50 25.73 27.01 28.36 29.79 31.27 32.83 34.48 36.20 38.01 39.92

Range 26STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------3,792 3,982 4,180 4,389 4,608 4,840 5,081 5,335 5,602 5,882 6,176 6,485 6,809 7,149

YR 45,504 47,784 50,160 52,668 55,296 58,080 60,972 64,020 67,224 70,584 74,112 77,820 81,708 85,788

DA 174.43 183.17 192.28 201.89 211.97 222.64 233.73 245.41 257.69 270.57 284.10 298.31 313.21 328.85

HR 21.80 22.90 24.04 25.24 26.50 27.83 29.22 30.68 32.21 33.82 35.51 37.29 39.15 41.11

Range 27STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------3,905 4,101 4,306 4,521 4,747 4,985 5,234 5,495 5,770 6,059 6,361 6,679 7,014 7,365

YR 46,860 49,212 51,672 54,252 56,964 59,820 62,808 65,940 69,240 72,708 76,332 80,148 84,168 88,380

DA 179.63 188.65 198.08 207.97 218.36 229.31 240.76 252.77 265.42 278.71 292.61 307.23 322.64 338.79

HR 22.45 23.58 24.76 26.00 27.30 28.66 30.10 31.60 33.18 34.84 36.58 38.40 40.33 42.35

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Classified Salary Schedule 3 YEAR 07-08

5% Salary Schedule Increase (PLUS 1.5% One-Time increase for 2007-08 only)

Range 28STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------4,022 4,223 4,435 4,656 4,889 5,134 5,391 5,661 5,943 6,240 6,552 6,880 7,224 7,585

YR 48,264 50,676 53,220 55,872 58,668 61,608 64,692 67,932 71,316 74,880 78,624 82,560 86,688 91,020

DA 185.01 194.26 204.01 214.18 224.89 236.16 247.99 260.41 273.38 287.04 301.39 316.48 332.30 348.91

HR 23.13 24.28 25.50 26.77 28.11 29.52 31.00 32.55 34.17 35.88 37.67 39.56 41.54 43.61

Range 29STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------4,144 4,350 4,568 4,796 5,035 5,288 5,553 5,830 6,121 6,428 6,749 7,086 7,440 7,812

YR 49,728 52,200 54,816 57,552 60,420 63,456 66,636 69,960 73,452 77,136 80,988 85,032 89,280 93,744

DA 190.62 200.10 210.13 220.62 231.61 243.25 255.44 268.18 281.57 295.69 310.45 325.96 342.24 359.35

HR 23.83 25.01 26.27 27.58 28.95 30.41 31.93 33.52 35.20 36.96 38.81 40.74 42.78 44.92

Range 30STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------4,267 4,480 4,706 4,940 5,187 5,446 5,719 6,005 6,305 6,621 6,951 7,298 7,664 8,047

YR 51,204 53,760 56,472 59,280 62,244 65,352 68,628 72,060 75,660 79,452 83,412 87,576 91,968 96,564

DA 196.28 206.08 216.48 227.24 238.60 250.52 263.07 276.23 290.03 304.57 319.75 335.71 352.54 370.16

HR 24.54 25.76 27.06 28.41 29.83 31.31 32.88 34.53 36.25 38.07 39.97 41.96 44.07 46.27

Range 31STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------4,395 4,615 4,846 5,088 5,343 5,610 5,890 6,184 6,494 6,819 7,160 7,518 7,894 8,288

YR 52,740 55,380 58,152 61,056 64,116 67,320 70,680 74,208 77,928 81,828 85,920 90,216 94,728 99,456

DA 202.17 212.29 222.92 234.05 245.78 258.06 270.94 284.46 298.72 313.67 329.36 345.83 363.12 381.25

HR 25.27 26.54 27.86 29.26 30.72 32.26 33.87 35.56 37.34 39.21 41.17 43.23 45.39 47.66

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Classified Salary Schedule 3 YEAR 07-08

5% Salary Schedule Increase (PLUS 1.5% One-Time increase for 2007-08 only)

Range 32STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------4,527 4,753 4,991 5,241 5,502 5,778 6,068 6,370 6,689 7,024 7,375 7,743 8,130 8,537

YR 54,324 57,036 59,892 62,892 66,024 69,336 72,816 76,440 80,268 84,288 88,500 92,916 97,560 102,444

DA 208.24 218.64 229.59 241.09 253.09 265.79 279.13 293.02 307.69 323.10 339.25 356.18 373.98 392.70

HR 26.03 27.33 28.70 30.14 31.64 33.22 34.89 36.63 38.46 40.39 42.41 44.52 46.75 49.09

Range 33STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------4,663 4,896 5,141 5,398 5,668 5,951 6,249 6,562 6,890 7,234 7,595 7,975 8,375 8,794

YR 55,956 58,752 61,692 64,776 68,016 71,412 74,988 78,744 82,680 86,808 91,140 95,700 100,500 105,528

DA 214.50 225.22 236.49 248.31 260.73 273.75 287.45 301.85 316.94 332.76 349.37 366.85 385.25 404.52

HR 26.81 28.15 29.56 31.04 32.59 34.22 35.93 37.73 39.62 41.60 43.67 45.86 48.16 50.57

Range 34STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------4,803 5,044 5,295 5,560 5,838 6,131 6,436 6,758 7,096 7,451 7,824 8,214 8,625 9,057

YR 57,636 60,528 63,540 66,720 70,056 73,572 77,232 81,096 85,152 89,412 93,888 98,568 103,500 108,684

DA 220.94 232.02 243.57 255.76 268.55 282.03 296.06 310.87 326.42 342.75 359.90 377.84 396.75 416.62

HR 27.62 29.00 30.45 31.97 33.57 35.25 37.01 38.86 40.80 42.84 44.99 47.23 49.59 52.08

Range 35STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14

------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- -------------4,947 5,195 5,455 5,728 6,013 6,313 6,630 6,962 7,309 7,674 8,058 8,461 8,884 9,329

YR 59,364 62,340 65,460 68,736 72,156 75,756 79,560 83,544 87,708 92,088 96,696 101,532 106,608 111,948

DA 227.56 238.97 250.93 263.49 276.60 290.40 304.98 320.25 336.21 353.00 370.67 389.21 408.66 429.13

HR 28.45 29.87 31.37 32.94 34.57 36.30 38.12 40.03 42.03 44.13 46.33 48.65 51.08 53.64

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EXHIBIT D

MEMORANDUMS OF UNDERSTANDING / AGREEMENTS/ SIDE LETTERS

ADOPTED MINUTES June 15, 2004 M/S/C Cardenas/Wong Resolution No. 13019: NEGOTIATIONS AGREEMENT BETWEEN THE DISTRICT AND CSEA CHAPTER 472 BE IT RESOLVED that the Board approves the negotiated Agreement for 2003-2004 between the Imperial Community College District and CSEA Chapter 472 as follows: 1. Salary: a) No salary increase for fiscal year 2003–2004. b) A 5% on-schedule salary increase effective July 1, 2004.

c) Effective July 1, 2005, the District shall use future COLA monies received from the state for salary increases for IVC employees in at least the same proportion as salaries are represented in the total apportionment funds. For example, if salaries represent 80% (eighty percent) of our total revenue apportionment for the year and a 3% (three percent) COLA is granted, then at least 80% of the 3% COLA must be used for salary increases. 2. Effective July 1, 2004, add step L to the longevity steps of the Classified Salary Schedule so

that an employee shall receive a 5% increase in salary at the beginning of the 26th

year of service.

3. Maintain total health insurance benefits at the current level for classified employees and

retirees hired prior to July 1, 2004. 4. Add a new subparagraph (4) to Article 10.2: (4) Classified employees hired after July 1, 2004,

will not be eligible for the health insurance benefits provided under Article 10.2 after the age of 65.

5. Replace the existing subparagraph (4) of Article 10.3 with the language below, and renumber

the existing subparagraph (4) as subparagraph (5): (4) Classified employees hired after July 1, 2004, will not be eligible for the health insurance

benefits provided under Article 10.3 after the age of 65. 6. Revise Article 11.9, Bereavement Leave, to include “stepparent” and “stepchild” in the

definition of “member of the immediate family.” 7. Revise Article 11.19, Catastrophic Leave Pool Program, to allow faculty and

administrators to donate eligible leave credits of no less than eight hours and no more than 24 hours to the pool per fiscal year, but not be eligible to utilize the pool.

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8. Revise Article 20, Professional Growth Program, as reflected in Attachment A. 9. Delete the following language from Article 13, Holidays (including examples): “Any future

salary schedule increases which cumulatively exceed the COLA will result in the reduction in the number of paid holidays at a ratio of one (1) holiday for each cumulative 5% salary increase over COLA until the number of remaining holidays have reached 16.”

10. Revise Article 17.2, Notice of Layoffs, to extend the 30-day layoff notice to 45 days, in

accordance with current law, and to add the following language to Article 17.3, Order of Layoffs: more classes or the separation of a class into two or more classes, seniority rights of unit employees who are classified within the new class shall be computed from the date of their earliest entrance into regular service in the original class.”

11. Golden Handshake: add two years of service, as a retirement incentive, for fiscal years 2003–

2004 and 2004–2005.

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ADOPTED MINUTES Page 29 July 20, 2004 M/S/C Keithly/Acuña Resolution No. 13070: MEMORANDUM OF UNDERSTANDING WHEREAS a Memorandum of Understanding is entered into between IMPERIAL COMMUNITY COLLEGE DISTRICT (“District”) and CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION, CHAPTER 472 (“CSEA”); and WHEREAS, in accordance with the collective bargaining agreement between the District and CSEA, effective July 1, 2002, reclassification requests for District-funded positions must be submitted between January 15 and February 15, and no requests will be considered before or after this period; WHEREAS, existing reclassification provisions adversely affect categorically funded positions in that funds must be used within a specified timeframe; WHEREAS, because of this adverse effect, reclassification requests for categorically-funded positions have been submitted to, and reviewed by, the Reclassification/Classification Committee outside of the January 15 through February 15 reclassification review period; WHEREAS, because the provisions of the collective bargaining agreement are not clear with regard to District-funded positions that are vacant and open for recruitment and additional positions, reclassification requests were previously submitted to, and reviewed by, the Reclassification/Classification Committee outside of the January 15 through February 15 reclassification review period; WHEREAS that the parties understand and agree as follows: 1. Until the existing reclassification provisions are clarified, the following positions shall be exempt from

the reclassification provisions of the collective bargaining agreement between the District and CSEA:

a. All categorically-funded positions; b. District-funded positions that are vacant and open for recruitment; c. District-funded positions that are additional to an existing classification (i.e., increasing the

number of Microcomputer Technicians from two to three positions)

2. Requests for classification (i.e., new classifications) shall be submitted to, and reviewed by, the Reclassification/ Classification Committee on an ongoing basis, in accordance with the current provisions of the collective bargaining agreement between the District and CSEA.

BE IT NOW RESOLVED that the Board approves this Memorandum of Understanding.

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M/S/C Cardenas/Wong Resolution No. 13019: NEGOTIATIONS AGREEMENT BETWEEN THE DISTRICT AND CSEA CHAPTER 472 BE IT RESOLVED that the Board approves the negotiated Agreement for 2003-2004 between the Imperial Community College District and CSEA Chapter 472 as follows: 1. Salary: a) No salary increase for fiscal year 2003–2004.

b) A 5% on-schedule salary increase effective July 1, 2004. c) Effective July 1, 2005, the District shall use future COLA monies received from the state for

salary increases for IVC employees in at least the same proportion as salaries are represented in the total apportionment funds. For example, if salaries represent 80% (eighty percent) of our total revenue apportionment for the year and a 3% (three percent) COLA is granted, then at least 80% of the 3% COLA must be used for salary increases.

2. Effective July 1, 2004, add step L to the longevity steps of the Classified Salary Schedule so that an

employee shall receive a 5% increase in salary at the beginning of the 26th

year of service. 3. Maintain total health insurance benefits at the current level for classified employees and retirees hired

prior to July 1, 2004. 4. Add a new subparagraph (4) to Article 10.2: (4) Classified employees hired after July 1, 2004, will not be eligible for the health insurance benefits

provided under Article 10.2 after the age of 65. 5. Replace the existing subparagraph (4) of Article 10.3 with the language below, and renumber the

existing subparagraph (4) as subparagraph (5): (4) Classified employees hired after July 1, 2004, will not be eligible for the health insurance benefits

provided under Article 10.3 after the age of 65. 6. Revise Article 11.9, Bereavement Leave, to include “stepparent” and “stepchild” in the definition of

“member of the immediate family.” 7. Revise Article 11.19, Catastrophic Leave Pool Program, to allow faculty and administrators to donate

eligible leave credits of no less than eight hours and no more than 24 hours to the pool per fiscal year, but not be eligible to utilize the pool.

8. Revise Article 20, Professional Growth Program, as reflected in Attachment A. 9. Delete the following language from Article 13, Holidays (including examples): “Any future salary schedule increases which cumulatively exceed the COLA will result in the reduction

in the number of paid holidays at a ratio of one (1) holiday for each cumulative 5% salary increase over COLA until the number of remaining holidays have reached 16.”

10. Revise Article 17.2, Notice of Layoffs, to extend the 30-day layoff notice to 45 days, in accordance

with current law, and to add the following language to Article 17.3, Order of Layoffs:

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“When reclassification results either in a merger of two or more classes or the separation of a class into two or more classes, seniority rights of unit employees who are classified within the new class shall be computed from the date of their earliest entrance into regular service in the original class.” 11. Golden Handshake: add two years of service, as a retirement incentive, for fiscal years 2003–2004

and 2004–2005.

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M/S/C Keithly/Medina Resolution No. 13001: ADDENDUM TO 2004 SUMMER WORK SCHEDULE SIDE LETTER AGREEMENT BE IT RESOLVED that the Board approves the following Addendum to the 2004 Summer Work Schedule Side Letter Agreement as follows: Imperial Community College District (District) and California School Employees Association (CSEA), Chapter 472, agree to the add the following provisions to the 2004 Summer Work Schedule Side Letter Agreement entered into between the District and CSEA, which shall apply through the 2004 Summer School Session, from June 14, 2004 through July 22, 2004: 1. With regard to item 6 (“For any workweek containing a holiday [i.e., week of July 5, 2004], classified employees will work four eight-hour days, 8:00 a.m. – 5:00 p.m., with a one-hour lunch break.”):

a. Since the Independence Day holiday falls on a Sunday, in accordance with Article 13 of the CSEA contract, the District will observe the Independence Day holiday on Monday, July 5, 2004.

b. Since the college will be closed on Fridays through the 2004 Summer Session, the week of

July 5 employees shall work three ten-hour days, on Tuesday, Wednesday and Thursday, July 6, 7 and 8. On each of those days employees shall work from 7:00 a.m. to 6:00 p.m. and take a one-hour lunch break.

2. With regard to item 8 (“Classified employees unable to work the summer schedule will be required to use vacation, compensatory time, or personal leave, or take leave without pay.”) and item 9 (“The Director of Human Resources must approve any deviation from the summer work schedule in advance.”):

a. Although the college will be closed to the public on Fridays during the 2004 Summer

Session, there will be a few departments operating during this time. Full-time classified

employees who are unable to work four ten-hour days per week, but do not have

sufficient vacation, compensatory time, or personal leave to fulfill their regular weekly

work schedule of 40 hours, may request assignment to one of these departments.

Requests must be submitted to Human Resources no later than June 7, 2004.

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M/S/C Cardenas/Wong Resolution No. 12917: GOLDEN HANDSHAKE FOR CLASSIFIED PERSONNEL WHEREAS Imperial Community College District, under a contract administered by the Imperial County Schools, participates in the Public Employees’ Retirement Systems; and WHEREAS, Imperial Community College District desires to provide a designated period for Two Years Additional Service Credit, Section 20904, based on the contract amendment included in said contract, which provided for Section 20904, Two Years Additional Service Credit, for eligible miscellaneous member; NOW, THEREFORE, BE IT RESOLVED, that Imperial Community College District does seek to add a designated period, and does hereby authorize this Resolution indicating a desire to add a designated period from March 23, 2004 through June 29, 2004, for miscellaneous members eligible to retire in the Imperial Community College District.

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M/S/C Keithly/Medina Resolution No. 13336: RETIREMENT INCENTIVE FOR CLASSIFIED EMPLOYEES WHEREAS, IVC Chapter CTA/CCA/NEA negotiated a 2+2 Retirement Incentive Program, which is allowable under STRS and credits STRS members with two years of service credit plus two years of age at retirement to be implemented in 2005, 2007 and 2009; and WHEREAS, the District wishes to maintain equity between the various employment groups; and WHEREAS, a 2+2 Retirement Incentive Program is not allowed for classified employees under PERS. NOW, THEREFORE, BE IT RESOLVED that for fiscal years 2005, 2007 and 2009 members of PERS shall be granted two years of service credit plus an annuity provided by the District. BE IT FURTHER RESOLVED that such annuity shall be contingent upon this incentive being financially advantageous to the District.

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M/S/C Cardenas/Medina Resolution No. 13267: AGREEMENT BETWEEN THE DISTRICT AND CSEA CHAPTER 472 BE IT RESOLVED that the Board approves the following Agreement between the District and CSEA Chapter 472 as follows: Article 13, Holidays CSEA agrees to exchange two District-paid holidays, the Friday before and the Monday after Easter Sunday, for three (3) District-paid holidays during the Spring Break. Article 14, Spring Break For the 2005–2006 and 2006–2007 academic years, the Monday, Tuesday and Wednesday of the Spring Break shall be designated as paid holidays for the classified bargaining unit members. The dates during the 2005 –2006 Spring Break designated as paid holidays are April 17, 18 and 19, 2006. The dates during the 2006 – 2007 Spring Break designated as paid holidays are April 9, 10 and 11, 2007. The remaining two (2) days of the Spring Break, shall be taken as vacation, comp time, PN leave, or no pay by the classified staff. Classified Salary Schedule 3, 2004-2005 The classified salary schedule is not equitable as it currently stands. Therefore, to align all ranges and steps the salary schedule shall be modified by an average of 2.48%

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M/S/C Cardenas/Medina Resolution No. 13268: AGREEMENT BETWEEN THE DISTRICT AND CSEA CHAPTER 472 BE IT RESOLVED that the Board approves the following Agreement between the District and CSEA Chapter 472 as follows: A. Implementation of a new classified salary schedule as reflected in Exhibit A attached. The new salary schedule is partially comprised of the 2004 – 2005 classified salary schedule, which has been modified by an average of 2.48% to align all ranges and steps so that the difference between each range is 3% and step is 5%. The 2004 – 2005 modified salary schedule contains 64 ranges (Range 01 to Range 64) and 12 steps (Step A through Step L). The new classified salary schedule consists of 35 ranges and 14 steps, Range 01 through Range 31 and Step 1 through Step 14. The ranges on the new salary schedule correspond with Ranges 17 through Range 48 of the modified 2004 – 2005 salary schedule, and Step 1 through Step 12 correspond with Step A through Step L of the modified 2004 – 2005salary schedule. All classified employees shall advance annually on the new classified salary schedule on their anniversaries until Step 14 of the salary schedule is reached. Employees whose anniversary dates are between July and December shall advance in July. Employees whose anniversary dates are between January and June shall advance in January. No further increases will occur after Step 14 except for COLA and/or any future revisions to the salary schedule. Only those current classified employees scheduled to receive longevity increases in July 2005 and January 2006 shall be granted longevity increases. Thereafter, no longevity increases shall be granted to any classified employees. Either through the employment process or a transfer, a classified employee shall move to the new range and to a step that is at least 5% above the employee’s current salary, not the same step held in the previous classification. B. Salary Increase: Fiscal Year 2005-2006: 10% on-new schedule salary increase effective July 1, 2005 Fiscal Year 2006–2007: 5% on-new schedule salary increase effective July 1, 2006 Fiscal Year 2007–2008: 5% on-new schedule salary increase effective July 1, 2007 C. Maintain total health insurance benefits at the current level for classified employees and retirees hired prior to July 1, 2005. D. The monthly vacation accrual rate for twelve (12) month employees shall be increased from 6.64 hours to 8.0 hours from the hire date through the third year of service. E. Effective July 1, 2005, reclassification requests for all positions may be submitted at any time. The effective date of a reclassification shall remain July1 of the year following the fiscal year in which the request was approved. F. In the event the Imperial Community College District does not receive the anticipated

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8% increase in funding for the 2005–2006 academic year when the California State budget is signed, Article 8, Salary, and Article 10, Insurance, shall be re-negotiated in such a way as to preserve the financial balance of the District. G. This new successor agreement shall be in effect from July 1, 2005 through June 30, 2008. The parties agree to reopeners on health and welfare benefits for 2006 and 2007. This agreement is entered into on the date shown above and is conditioned upon: 1. Receipt of funding from the State of California; and 2. Approval by the bargaining unit and the District Board of Trustees.

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M/S/C Cardenas/Wong Resolution No. 13672: Memorandum of Understanding between Imperial Community College District and the California School Employees Association (CSEA) Chapter 472 Memorandum of Understanding Imperial Valley College & CSEA Chapter 472 This Memorandum of Understanding is entered between Imperial Community College District (District) and the California School Employees Association (CSEA) Chapter 472. WHEREAS, the parties met and negotiated the changes to Article 8 – Salary and agreed to the following change effective July 1, 2006, with the exception of 2006 summer school – (for clarification, this means that the new salary schedule begins with the start of your regular 2006-2007 starting date.) An increase of 2.5% to the present 2006-2007 salary schedule. WHEREAS, the parties understand and agree that the aforementioned change to Article 8 of the Agreement becomes effective immediately upon the signing of the document; NOW, THEREFORE, BE IT RESOLVED the Board approves this Memorandum of Understanding between the Imperial Community College District and CSEA Chapter 472, dated October 17, 2006, and the District will implement these pay increases as soon as is practical after this agreement is ratified; and that checks for any and all retroactive pay due shall be issued to employees by the District with a regularly scheduled pay warrant as soon as is practical after this agreement is ratified; but such increases and retroactive payments to be made no later than November 30, 2006.

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ADOPTED MINUTES: FEBRUARY 20, 2008 M/S/C Medina/Acuña Resolution No. 14031: Agreement between the District and CSEA, Chapter 472 BE IT RESOLVED that the Board approves the following Agreement between the District and CSEA Chapter 472 as follows: A. The term of this agreement is for fiscal year 2007/2008 only. B. Article 16, Transfer and Reassignment, Section 16.1 to be amended so that the last sentence reads as follows: The number of months that a permanent 10-month or 11-month classified employee works does not preclude a voluntary transfer to a lateral or lower transfer from a 10-month to a 12- month assignment. C. Salaries: Retroactive to July 1, 2007 there shall be an “on-schedule” salary increase of 5%. The salary schedule in the current MOU shall be amended to reflect this increase. Classified employees covered by this agreement shall receive the retro-active portion to their payment at the first full pay period following adoption of this agreement by the Board of Trustees. Classified employees covered by this agreement shall receive a one-time payment equal to one and one-half percent (11/2%) of each’s annual salary off-schedule. The one and one-half percent (11/2%) shall be computed based on members’ annual salaries after granting the 5% on-schedule adjustment herein. This payment shall be made at the first full pay period following adoption of this agreement by the Board of Trustees. D. The retirement incentive program (SERP) pursuant to Resolution No. 13385 dated September 14, 2005 shall be extended through the term of this Agreement (2007-2008) provided said extension is in conformity with state law; and classified employees shall be eligible for the Golden Handshake for FY 2007/2008. E. Unit member benefits to remain status quo; and the District will maintain one hundred percent (100%) of health insurance premium coverage during the term of this agreement. District to continue to pay increased air and ground ambulance. F. Classified employees shall be entitled to serve as faculty adjunct professors. All classified employees so employed shall be paid at the standard adjunct rate of hourly pay. G. Revise Section 19 of the existing MOU per agreement of the parties. H. All other provisions of the existing contract are to remain the same unless otherwise modified herein, and this Agreement together with the existing contract constitute the entire agreement between the parties, and supersedes all previous agreements, understandings and prior practices related to matters included within this Agreement. During the term hereof there shall be no re-openers on any matter covered by this Agreement.

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IMPERIAL COMMUNITY COLLEGEDISTRICT

LOWER INCLUDED CLASSIFICATIONSFOR REASSIGNMENT AT LAYOFF

Instructions: Lower included classifications are those job classifications that have duties and/or

minimum qualifications that are included or encompassed in the duties and/or minimum

qualifications designated for the senior classification. Each occupational group identified by a capital

letter is a lower included classifications category. Reassignment at layoff (bumping) shall take place

with each lower included classification category.

Group A:

Group B:

Group C:

Secretary/Clerical Group

1. Administrative Secretary

2. Small Business Secretary

3. Staff Secretary III

4. Student Services Technician (Parking)

5. Staff Secretary II

6. Staff Secretary I

7. Student Services Assistant (Parking)8. Office Assistant III

9. Office Assistant III(Cal Works)10. Office Assistant II

11. Mail Room/Office Assistant

12. Office Assistant I

Administrative Technician/Specialist Group

1. Purchasing and Receiving Coordinator

2. Instructional Assistant/Curriculum Specialist

3. Instructional Support Technician

4. Purchasing Technician

5. Instructional Support Assistant

Admissions/Student Records Group

1. Student Services Coordinator (Admissions and Records)

2. Student Services Specialist- Evaluator

3. Student Services Specialist (Admissions and Records)

4. Student Services Specialist (Student Affairs)5. Admissions and Records Technician

6. Student Services Technician (External Campus)

7. Student Services Representative (External Campus)

EXHIBITC

Page 1 of 5

Range

18

18

16

13

12

10

10

09

09

08

08

06

Range

19

18

14

14

12

Range

20

19

18

17

14

13

11

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IMPERIAL COMMUNITY COllEGE DISTRICT

lOWER INCLUDED CLASSIFICATIONSFOR REASSIGNMENT AT LAYOFF

Instructions: lower included classifications are those job classifications that have duties and/or

minimum qualifications that are included or encompassed in the duties and/or minimum

qualifications designated for the senior classification. Each occupational group identified by a capital

letter is a lower included classifications category. Reassignment at layoff (bumping) shall take place

with each lower included classification category.

Group D:

Group E:

Group F:

Group G:

Accounting Services Group

1. Accountant

2. Accounting Coordinator

3. Accounting Technician

4. Budget Technician

Information Processing Group

1. Webmaster

2. Computer Data Analyst

3. Senior Computer Programmer/Data Analyst

4. Communications Systems Specialist

5. Microcomputer Technician

6. Technology Center Technician

7. Microcomputer Lab Technician

8. Microcomputer Lab Assistant

Counseling Services Group

1. Counseling Specialist (Inactive)

2. Assessment Center Specialist (Inactive)

3. Assessment Center Technician

4. Student Services Technician (Counseling)

Financial Aid Services Group

1. Financial Aid Officer

2. Financial Aid Technician

3. Financial Aid Assistant/Receptionist

EXHIBITC

Page 2 of 5

Range

24

19

15

14

Range

35

32

32

23

23

21

15

12

Range

26

18

14

13

Range

20

14

11

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IMPERIAL COMMUNITY COLLEGEDISTRICT

LOWER INCLUDED CLASSIFICATIONSFOR REASSIGNMENT AT LAYOFF

Instructions: Lower included classifications are those job classifications that have duties and/or

minimum qualifications that are included or encompassed in the duties and/or minimum

qualifications designated for the senior classification. Each occupational group identified by a capital

letter is a lower included classifications category. Reassignment at layoff (bumping) shall take place

with each lower included classification category.

Group H:

Group I:

Group J:

Group K:

Media Services Group

1. Microcomputer Media Technician

2. Audiovisual Media Technician

3. Audiovisual Assistant I

Library Services Group

1. Library Technician'" (Circulations)

2. Library Technician III (Serials)

3. Library Technician"

4. Library Technician I

Tutorial Services Group

1. Math Lab Instructional Specialist

2. Automotive Technology Student Services Specialist

3. Language Lab Coordinator

4. Learning Support Services Coordinator

5. Reading/Writing Lab Coordinator

6. Nursing Simulations & Computer Lab Technician

7. Language lab Assistant

8. Math Lab Assistant

Reprographics Services Group

1. Graphics Arts/Reprographics Coordinator

2. Reprographics Center Specialist

EXHIBITC

Page 3 of 5

Range

21

15

08

Range

14

14

12

08

Range

24

22

17

17

17

14

10

10

Range

21

18

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IMPERIAL COMMUNITY COLLEGE DISTRICT

LOWER INCLUDED CLASSIFICATIONS FOR REASSIGNMENT AT LAYOFF

Instructions: Lower included classifications are those job classifications that have duties and/or

minimum qualifications that are included or encompassed in the duties and/or minimum

qualifications designated for the senior classification. Each occupational group identified by a capital

letter is a lower included classifications category. Reassignment at layoff (bumping) shall take place

with each lower included classification category.

Group L: Automotive/Mechanical Group

1. Vehicle and Equipment Mechanic

2. Tool Room/Auto ShopTechnician

Range

19

14

Group M: Custodial Group

1. Custodial Supervisor2. lead Custodian

3. Custodian

Range

18

1108

Group N: Grounds Maintenance Worker

1. Grounds Maintenance Supervisor2. Grounds Maintenance Worker

Range

19

11

Group 0: Skilled Crafts Worker Group

1. Maintenance Worker III/HVAC

2. Maintenance Worker II/locksmith

3. Maintenance Worker II

Range

24

19

18

Group P: Child Care Group Range

1. Foster and Kinship Careand Independent living Coordinator 28

2. Infant/loddler/Preschool Teacher 13

EXHIBITC

Page 4 of 5

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IMPERIAL COMMUNITY COLLEGEDISTRICT

LOWER INCLUDED CLASSIFICATIONS FOR REASSIGNMENT AT LAYOFF

Instructions: Lower included classifications are those job classifications that have duties and/or

minimum qualifications that are included or encompassed in the duties and/or minimum

qualifications designated for the senior classification. Each occupational group identified by a capital

letter is a lower included classifications category. Reassignment at layoff (bumping) shall take place

with each lower included classification category.

Group Q:

7/09

ProfessionallParaprofessional Group(No lower included classification)

1. Water Systems Treatment Specialist

2. Sign language Interpreter III

3. Athletic Trainer

4. Sign language Interpreter II

5. Work Ability III Career Development Specialist

6. Coordinator of Academic Support Services

7. Sign language Interpreter I

8. Science lab Technician

EXHIBIT C

Page 5 of 5

Range

30

27

25

22

22

19

17

16