MANAGEMENT, SUPERVISORY, AND CONFIDENTIAL EMPLOYEES
(Job Titles)
2.1 POSITIONS DESIGNATED AS MANAGEMENT, SUPERVISORY, AND CONFIDENTIAL
Management
President/Superintendent
Vice President, Business Services/Deputy Superintendent
Vice President, Instruction
Vice President, Student Services
Assistant Director of Buildings and Grounds
Assistant Director of Information Services for Academic Computing
Associate Director of Ohlone College Foundation
Bookstore Manager
Bookstore Merchandise Buyer
Bookstore Textbook Coordinator
Buyer
Chief of Safety and Security
Community Events Coordinator
Dean, Workforce Development
Director of Facilities
Director of Information Services
Director of Purchasing, Contract Administration, and Auxiliary Services
Executive Dean of Business Services
Executive Dean of College Advancement
Executive Dean of Human Resources
Public Information Officer
Supervisory
Administrative Services Coordinator
Admissions/Records Office Supervisor
Community Events Coordinator
Custodial Supervisor
Duplicating Services Supervisor
Interpreting Services Supervisor
Lead Operator/Operations Supervisor
Confidential
Administrative Services Coordinator
Executive Secretary
Human Resources Analyst
Human Resources Specialist I
Human Resources Specialist II
Secretary to the President/Superintendent
2.2 GENERAL POLICIES RELATING TO MANAGEMENT, SUPERVISORY, AND CONFIDENTIAL EMPLOYEES
While the Board of Trustees places strong emphases upon shared responsibility and authority with the administration of the College, nothing in this policy is to be construed to limit the responsibility and authority of the Board of Trustees ultimately to make all decisions as prescribed by law.
This policy is adopted by the Board of Trustees of the Fremont-Newark Community College District in order that it can fulfill its responsibilities in the management of the College and to establish and improve communication, decision-making, conflict resolution, and other existing relations between and among members of the management team.
As used in this policy, the following terms are defined as
Management Team: The Management Team shall be composed of the Board of Trustees, management employees including the President/Superintendent, supervisory, and confidential employees.
A. Management Employees: Management employees are those individuals designated by the Board as provided by SB 160 holding positions having significant responsibility for formulating District policies or administering College programs.
B. Supervisory Employees: Supervisory employees are those individuals who oversee the day-to-day operation of a department or area of the District.
C. Confidential Employees: Confidential employees are those noncertificated individuals who in the regular course of their duties have access to or possess information relating to the District employer-employee relations.
D. Classified Management, Supervisory, and Confidential Employees are classified employees as defined by the Education Code (EC 88003) and are governed by the Education Code and the Rules and Regulations of the Board of Trustees of the Fremont-Newark Community College District for Classified Employees (Classified Policy Manual) in all areas except those covered by SB 160.
The objectives of the Fremont-Newark Community College District's Management Team are to
A. Mutually develop all policies which directly affect management, supervisory, and confidential employees of the College;
B. Provide open and frequent communication among the components of the team;
C. Provide opportunity for management employees to participate fully in the development and formulation of College policy;
D. Provide for meaningful discussion and shared responsibility in implementing and administering District programs;
E. Provide for shared responsibilities in the selection, employment, promotion, assignment, and evaluation of other employees, and to adjudicate employee grievances;
F. Provide a means whereby the economic and welfare concerns of management, supervisory, and confidential employees may be addressed, concerning at least the following: job descriptions, evaluations, promotion, assignment, salaries and fringe benefits, retreat rights, and working conditions.
A. The Board of Trustees and its management, supervisory, and confidential employees agree to mutually support their respective efforts in the total management of the District.
B. The relationship between the Board of Trustees and its management, supervisory, and confidential employees is based on mutual trust.
2.2.6 President/Superintendent Responsibility
The President/Superintendent shall establish appropriate administrative structure to carry out management responsibilities.
2.3 SALARY, FRINGE BENEFITS, WORKING CONDITIONS
2.3.1 General Statement on Regulations
A. Certificated and classified employees were granted certain protective benefits and rights under the terms of SB 160, to bargain collectively with the District for improvements in their wages, hours of employment, and other terms and conditions of employment. These rights and benefits were specifically denied to management, supervisory, and confidential employees under Article 3543.4 of the Act, which assumes that Governing Boards will provide equitable protection and emoluments for these key personnel.
B. Representatives of management, supervisory, and confidential employees shall meet with the Board of Trustees through the President/ Superintendent, for the purpose of "meeting and conferring" in good faith on the economic and welfare concerns of management, supervisory, and confidential employees. Proposals shall be made and consensus arrived at as to salaries and fringe benefits, job security, evaluation, job descriptions, promotions, assignments, retreat rights, and working conditions.
C. In order to fairly compensate those employees who will be expected to fully participate in a single management group charged with ". . . significant responsibilities for formulating District policies or administering College programs" or who have ". . . access to, or possess information relating to his/her employer-employee relations" the following implementing regulations are proposed.
2.3.2.1 Policy (Approved: 8-13-86; Amended 10-25-89; 5-22-96)
A. A five-step salary schedule shall be adopted for all management, supervisory, and confidential employees.
B. To ensure continuing salary equity, the Governing Board shall schedule a full salary survey every third year for management, supervisory, and confidential employees.
C. Management, supervisory, and confidential employees shall receive such annual cost-of-living adjustments as are awarded by the Fremont-Newark Community College District to other certificated and classified District employees.
D. Classified management, supervisory, and confidential employees shall receive longevity salary increases equal to other classified employees.
E. Administrators shall receive a two-and-one-half percent (2.5%) longevity salary increase upon completion of nine (9) years of District service, an additional two-and-one-half percent (2.5%) longevity salary increase upon the completion of fourteen (14) years of District service, and a longevity step in the amount of 2.0 percent at the beginning of the 25th year of service, effective December 1, 1995.
Note: See Appendix A for Current Salary Schedule.
2.3.3.1 Fully-Paid Fringe Benefits
(Approved: 7-27-77; Amended: 10-27-82; 9-7-83; 9-19-84; 10-28-87;
3-22-89; 10-25-89; 12-16-92; 5-22-96)
Management, supervisory, and confidential employees shall enjoy the following fringe benefits which shall be fully paid by the District:
A. For Fiscal Year 1995-96, effective as soon after the parties agree, the District will provide a maximum monthly contribution of $415.15 based on twelve (12) months toward the premium cost of the District medical plan selected by eligible employees. In addition to any other medical plan offered by the District, a Kaiser Permanente HMO plan which includes a $5 co-payment for doctor's office visits, and a $5 co-payment for prescription drugs (up to a 100-day supply), among other co-payments set forth in the plan, will be offered to employees. The employees will be responsible through payroll deductions, for any excess premium pertaining to the plan selected. NOTE: In the event the District can provide another Kaiser medical plan with a $0 co-pay for doctor's visits and $1 co-pay for prescriptions and lower the medical cap amount to approximately $398 per month, it is mutually agreeable that the District shall do so with an advisory notice to the management employee group. Effective as soon after the parties agree as practicable, the District shall implement a flexible benefits plan pursuant to Internal Revenue Code Section 125.
B. Paid medical prescriptions.
C. Dental Insurance with a maximum benefit of $1,500 per year for each employee and each dependent.
D. Membership in either State Teachers' Retirement Fund or Public Employees' Retirement Fund.
E. Salary Continuation Insurance.
F. Workers' Compensation Insurance.
G. Paid sick leave at the rate of one day per month, accumulating indefinitely if unused.
H. Fifteen paid holidays each year.
I. State Unemployment Insurance.
J. District contributions to O.A.S.D.H.I. (Social Security) for classified employees.
K. $50,000 term-life insurance policy.
L. Effective July 1, 1991, the District will provide a vision care plan substantially similar to Vision Service Plan "A" with a $15 deductible.
(Approved: 2-27-80; Amended: 10-27-82; 10-25-89)
A. Management, supervisory, and confidential employees may apply for early retirement benefits from the District under the following circumstances:
1. The employee must be at least fifty-five (55) years of age and not more than sixty-four (64) years of age on the retirement date.
2. The employee must have rendered at least ten (10) years of full-time service to the District.
3. The employee must submit a notice of intention to retire from the District under the provisions of STRS or PERS at least ninety (90) days in advance of the effective date.
B. The District shall provide for employees participating in this program medical benefits to the same extent provided full-time employees, for the employee only. Said coverage shall cease upon any one of the following occurring:
1. The employee reaches age sixty-five (65); or
2. The employee dies or otherwise terminates participation in the program; or
3. The employee is employed by another employer who provides paid medical benefits for its employees; or
4. The District's insurance carrier declines to cover the employee at the same rate for other full-time employees. Employee shall have the option of picking up the difference in cost.
C. The employee shall have the option of paying the premium to cover his/her spouse during the employee's participation in this program.
D. An employee who is at least fifty (50) years of age and not more than fifty-four (54) years of age, and who retires under provisions of PERS, and who otherwise meets the eligibility requirements of 2.3.3.1.1.A2 and 2.3.3.1.1.A3, shall qualify for the early retirement program upon attaining the age of fifty-five (55) years of age.
E. Any retired employee who permanently resides outside of the service area of the District-provided medical plans and who is, therefore, unable to utilize the service of any of the medical plans, may contract for medical insurance available in the geographical location of the employee's residence, and elect the College District, on proof of insurance, to contribute an amount up to that which is specified in 2.3.3.1.A, or the amount of the individual employee's insurance premium, whichever is the lesser amount.
(Resolution No. 70/78-79 adopted by the Board 5-25-79)
A. All regular full-time employees of the District retiring before the age of 65 are allowed to continue their participation including spousal and eligible dependents coverage in available health and welfare plans, paying their own premiums until reaching the age of 65 at which time conversion to Medicare is advisable.
B. On reaching or retiring at age 65 or later, retiree may, by paying his/her own premiums directly to the District, continue in the school group plan for active employees at the same rates and benefits or continue in said plan at reduced rates for those enrolled in Parts A and B of Medicare.
(Approved: 7-27-77; Amended: 7-15-81; 5-10-89)
Twenty-two (22) vacation days will be granted annually to all twelve-month management employees who are designated as exempt from overtime provisions in accordance with Education Code Section 13590.4. For purposes of accruing vacation credit, a year of employment shall be considered to start on July 1 and end on June 30. Division deans work 205 days per year and do not accrue vacation days.
Supervisory and confidential employees shall earn and accumulate vacation time in accordance with the following schedule:
1 - 4 years of service: 12 days annually
5 - 9 years of service: 17 days annually
10+ years of service: 22 days annually
A. If a management, supervisory, or confidential employee is not permitted to take his/her full annual vacation, the amount not taken shall accumulate for use in the next year, or be paid for in cash at the option of the Governing Board.
B. Maximum vacation accrual for a management, supervisory, or confidential employee shall not exceed that employee's two-year vacation entitlement.
C. Management, supervisory, and confidential employees are expected to schedule vacations at those times of the year which will result in the minimum disruption of their work schedules. Requests for vacation shall be submitted for prior approval to the appropriate supervisor.
2.3.3.3 Workweek, Workday, and Work Time
A. The workweek shall be defined as forty (40) hours. The workday shall be defined as eight (8) hours.
B. Management employees who have been designated as exempt shall not claim overtime or compensatory time. This provision, however, is not to be a basis for the District to impose excessive working hours on management employees. When work demands exceed normal working hours, management employees shall be free to take time equivalent to time worked in excess of forty (40) hours within a reasonable time period. Time off should be scheduled consistent with work demands and with prior approval of the immediate supervisor.
C. Supervisory and confidential employees shall be entitled to overtime or compensatory time in the same manner as other classified employees.
D. The workyear for division deans shall be 205 days.
Management, supervisory, and confidential employees shall be entitled to the following leave benefits:
A. Paid sick leave at the rate of one day per month, accumulating indefinitely if unused. Use of sick leave shall be regulated in accordance with Section 3.4.3.1 of the District Regulations.
B. Industrial accident and illness leave of absence to be provided in accordance with Section 3.4.3.2 of the District Regulations.
C. Two (2) days paid leave in the event of serious illness of a member of the employee's immediate family to be deducted from accumulated sick leave as provided in Section 3.4.3.3 of the District Regulations.
D. Military leave in accordance with the California Military and Veterans Code, Section 395.01.
E. Bereavement leave with pay for three (3) days per occurrence, or five (5) days if out-of-state travel is required in the event of a death in the immediate family as provided in Section 3.4.3.4 of the District Regulations.
F. Maternity leave in accordance with the rules and regulations in Section 3.4.3.5 of the District Regulations.
G. Up to six (6) days per year of accumulated sick leave for personal necessity. No advance permission shall be required in the event of death, serious illness, or accident of a member of the employee's immediate family. Other instances of personal necessity shall require advance permission of the supervisor or President/Superintendent.
H. Leave of absence for jury duty or for court appearance as a witness, pursuant to subpoena, with pay up to the difference between the employee's regular pay and any amount received as jury or witness fee, exclusive of any travel allowance paid. Appearances as a defendant in a criminal proceeding shall be without pay.
2.3.3.5 Layoffs and Reemployment of Supervisory and ConfidentialEmployees
In the event of reduction of force necessitated by economic or college population reasons, layoffs shall be made in the reverse order of seniority within position classification, and reemployment shall be in the reverse order of layoffs. Persons laid off are eligible for reemployment for a period of thirty-nine (39) months and shall be re-employed in preference to new applicants. In any event, affected employees shall be given notice of layoff not less than ninety (90) days prior to the effective date of layoff, and informed of their displacement rights, if any, and reemployment rights.
2.3.3.6 Provisions Governing Management, Supervisory, and Confidential Employees During Strikes and Other Labor Disputes
A. Management, supervisory, and confidential employees are not afforded the right to strike. In the event of a strike by other employees, management, supervisory, and confidential employees shall neither support, nor participate in any way in the strike. They will be expected to carry on their usual duties except in situations where doing so constitutes threat or risk to personal safety and well-being.
B. In the event of damage or destruction of property:
Management, supervisory, and confidential personnel shall not be held responsible for loss of school property or student's property when such a loss is not caused by negligence of the management team member.
Management, supervisory, and confidential personnel should be reimbursed for loss, damage, or destruction, while on official duty on field assignments, of personal property when such loss results from force or violence reported to law enforcement agency (to the extent that such loss is not covered by insurance).
2.3.3.7 Evaluation of Supervisory and Confidential Personnel
Supervisory and confidential employees shall be evaluated in the same manner as other classified employees.
2.3.3.8 Administrator Retreat Rights
The following criteria and procedures for administrative retreat rights are in conformance with the tenants of AB 1725 as chaptered in Education Code Section 87458.
A. Ohlone College certificated administrators currently employed and with tenure as of June 30, 1990, shall have the right of retreat into the Faculty Service Areas (FSA) for which they meet the same competency requirements as applied to faculty.
B. A tenured employee, when assigned from a faculty to an administrative position retains his or her status as a tenured faculty member.
C. Beginning July 1, 1990, a new administrator who is not part of the classified service and who meets minimum and local qualifications in a discipline, shall have the right to become a first-year probationary faculty member once her/his assignment expires or is terminated if ALL of the following apply:
1. An administrative applicant meets minimum and local qualifications by meeting same requirements as applied to faculty applicants.
2. The Faculty Senate presents its views to the Board of Trustees before final determination of assignment of an administrator to a faculty position. A written record of the decision of the Board of Trustees including views of the Faculty Senate is available for review.
3. The administrator has completed at least two years of full-time satisfactory service including any time previously served as a faculty member at Ohlone College.
4. The termination of the administrator's assignment is for any reason other than dismissal for cause as stated in Education Code Section 87732.
5. The administrator is qualified for one or more Faculty Service Areas by meeting the same competency requirements as applied to newly hired faculty.
It is strongly recommended that FSA assignment(s) qualifications be determined prior to the date of hire and be part of the selection process.
6. The administrator provides a statement of preference for the assignment.
7. The reassignment under this provision does not cause the immediate layoff of any contract or regular faculty member.
D. These criteria and procedures are subject to review by the Board of Trustees, the Administration of the College, and the Faculty Senate; and changes may be agreed upon to meet new Education Code sections and related guidelines and/or needs of the College.
2.4 DUTIES OF MANAGEMENT, SUPERVISORY, AND CONFIDENTIAL EMPLOYEES
See Appendix B, Job Descriptions