MEMORANDUM OF AGREEMENTBY AND BETWEEN

THE HERRICKS UNION FREE SCHOOL DISTRICT(THE "DISTRICT")

ANDTHE HERRICKS ASSOCIATION OF

ADMINISTRATORS AND SUPERVISORS, INC.(THE "ASSOCIATION" or "HAAS")

March,20l4

The parties' representatives agree to continue all terms and conditions of employment setforth in the 2009-2014 collective bargaining agreement between the Herricks Union Free SchoolDistrict and the Herricks Association of Administrators and Supervisors, Inc. except as expresslyamended herein. Precise contractual language to be agreed upon by the parties:

1. Term: July 1,2014 through June 30, 2017

2. All appropriate dates in the contract will be revised to reflect the duration of thesuccessor agreement.

3. Article 3 - Negotiation ProceduresParagraph 3.2 - Revise to provide that each party agrees to enter into negotiations uponthe reasonable notice of the other. Delete reference to exchanging a written agenda.

Paragraph 3.3 - Revise to provide that both parties shall make available pertinent records.

4. Article 5 - Promotions, Vacancies and TransfersParagraph 5.2 - Change 90 days to 120 days.

Paragraph 5.5 - Change 75 days to 60 days.

Paragraph 5.6 - Add a new paragraph as follows:

For the 2014-15 school year, no tenured member of the bargaining unit shall beexcessed. With respect to the 2015-16 and 2016-17 school years, the Districtwill notify unit members of the abolition of their positions, in writing, no laterthan May 1 for an abolition effective the immediately following July 1. For theperiod July 1, 2015 through June 30, 2017, if an administrative position isabolished and an individual excessed, (l) he or she shall be entitled to a teachingposition for which he or she is certified provided that he or she served satisfactorily asan administrator and further provided that no teacher has a superior claim to theposition (e.g. Preferred Eligibility List, binding past practice, etc.); and (2) in the caseof directors who have served satisfactorily, he or she shall be entitled to beinterviewed for vacancies in the position of principal. For purposes of this provision,"satisfactory" shall mean "effective" or "highly effective" pursuant to the APPR Planimplemented by the District for principals. This provision shall sunset and be of noforce or effect as of the close of business on June 30, 2017.

LJTn)950873vl~064688/C0027920

5. Article 7 - Policies and RegulationsDelete Paragraph 7.1.

6. Article 8 - Professional RepresentationCorrect title of Assistant Superintendent.

7. Article 11 - SalarySalary increases in accordance with the following schedule:

2014-15: effective July 1,2014, 1.0% added to base salary of all unit members,plus step, plus one-time 0.25% off-schedule payment made on orbefore October 1,2014.

2015-16: effective July 1,2015, 1.0% added to base salary of all unit members,plus step.

2016-17: effective July 1,2016, 1.0% added to base salary of all unit members,plus step.

8. Article 12 - Fringe BenefitsSick, Child Care and Personal LeaveParagraph 12.3.c - Delete "closing on a house".

Health and Dental InsuranceParagraph 12.1.A.1.a - Increase employee contributions in accordance with the followingschedule:

July 1,2014: 25.0%July 1,2015: 27.5%June 30, 2017: 30.0%

Paragraph A.2 - Increase employee contribution for major medical catastrophic coverageto 15% for both individual and family coverage.

Paragraph A.4 - Before the last sentence, insert the following:An employee must participate in the District's family health insurance coverage for aminimum of twelve (12) months before that employee is entitled to payment for optingout of family health insurance coverage. An employee must have had family healthinsurance coverage for one (1) year before he or she may waive it in order to becomeeligible for the $1500 payment. In the event that an employee has participated in theDistrict's family health insurance coverage for less than twelve (12) months, but hasparticipated in individual coverage during that time, such employee will still qualify forthe individual coverage opt-out.

Add the following to the end of the paragraph:Notwithstanding the foregoing, pursuant to Policy Memorandum 122r3 issued by theEmployee Benefits Division of the New York State Department of Civil Service, anyoffering of a health insurance buyout will be valid only if consistent with such PolicyMemorandum and only for otherwise eligible individuals who have other employersponsored coverage through a provider other than through the New York State HealthInsurance Program ("NYSHIP"). In the event the Policy Memorandum is revoked or

LJT~50873vl~064688/C0027920

;

finally adjudicated to not apply to the District or to members of the Association, suchrestriction shall, without the necessity of any further action by any party hereto, cease toapply to the extent necessary to return the availability of such buyouts to the status quoprior to the issuance of the Policy Memorandum, while remaining in compliance with anyother applicable law, rule, regulation, policy or contract provision then in place.

The parties acknowledge that the aforementioned restrictions have beenincorporated herein as a result of New York State Department of Civil Service EmployeeBenefits Division Policy Memorandum 122r3. The Association, as a material inducementof the inclusion of the restrictions added to this paragraph specifically reserves the rightto challenge the legality of the terms of the NYSHIP Memorandum, and nothingcontained herein shall be deemed to constitute agreement with or ratification of the termsof such NYSHIP Memorandum or a waiver of the Association's ability to challenge it inany forum, except that the Association will not be challenging the District or itscompliance with such NYSHIP memorandum through a grievance, improper practicecharge or any other litigation or proceeding in any forum or jurisdiction.

Paragraph 12.2 - Revise to provide that effective July 1, 2014, retiree health insurancecontributions by the employee shall be 35% for the individual portion plus 40% of thefamily portion. Change the date in sunset clause to June 30, 2017.

9. Article 16 - Grievance ProcedureAdd provision that in the event a grievance proceeds through arbitration, the losing partywill pay the arbitrator's fees. This new provision will terminate and be of no force oreffect after June 30, 2017.

10. Article 19 - Other Contractual ProvisionsParagraph 19.3 - Revise to provide that the District will make available an electronicversion of the HTA contract to the president of the Association.

11. Appendix CAdd the Title of Director of Math to the salary schedule currently for Director of Music& Performing Arts.

Revise Longevity provision to provide that longevity payments will not be applicable toany individual appointed as an administrator after ratification of this memorandum ofagreement.

This memorandum of agreement is subject to the ratification of the members of the Associationand the approval of the Board of Education of the District

SIGNATURES APPEAR ON THE FOLLOWING PAGE

LJTnD9S0873vl~064688/C0027920

Dated: New Hy e Park, New York_ __",~-'--"'<. __ , 2014

FOR THE ASSOCIATION: FOR THE DISTRICT:

LJTn)950873vl~064688/C0027920

HERRICKS ASSOCIATION

OF ADMINISTRATORS AND

SUPERVISORS, INC.

CONTRACT

July 1, 2009

to

June 30, 2014

AGREEMENT

betweenHERRICKS UNION FREE SCHOOL DISTRICT_NEW HYDE PARK, NEW YORK

and

HERRICKS ASSOCIATION OF ADMINISTRATORS_and SUPERVISORS, INC.

July 1, 2009 - June 30, 2014

Association PrivilegesBudgetContractual ResponsibilitiesDurationEarly Retirement IncentiveGrievance ProcedureLitigationNegotiation ProcedureOther Contractual ProvisionsPolicies and RegulationsProfessional ConferencesProfessional Dues DeductionProfessional RepresentationProfessional Work SchedulePromotions, Vacancies and TransfersProperty DamageRecognitionSalarySeparability and RenegotiatingTaylor Law NoticePayroll Deduction AuthorizationDepartment ChairmenSalary SchedulesFramework of Administrators Performance AreasRetirement - 403(b) Mandatory Contribution

UT 1D392639v6/C00279201FOOO 128

INDEX

Article Page

1591021121617318742865

131

111920Appendix "A"Appendix "B"Appendix "C"Appendix "D"Appendix "E"

3

1177

1591113314631654918

1515

HERRICKS ASSOCIATION OF ADMINISTRATORS and SUPERVISORS, INC.Herricks Public Schools

New Hyde Park, New York

Pursuantto the provisions of Chapter 391 ofthe Laws of1967, ofthe State ofNew York, theAGREEMENT is made and entered into on the day of __ ,2009, by and between theHERRICKS UNION FREE SCHOOL DISTRICT, Town ofNorth Hempstead, New HydePark, NewYork, and theHERRICKS ASSOCIATION OF ADMINISTRATORS and SUPERVISORS, INC.Hereinafter the parties shall be known as the "District and the "Association," respectively.

ARTICLE 1. RECOGNITION

1.1 The District recognizes the Herricks Association of Administrators and Supervisors,Inc. as the exclusive collective negotiation agent for terms and conditions of employment for allemployees who are assigned to administrative duties 60% or more of their work schedule. In theevent a position becomes part of the unit during the life ofthe Agreement, the parties shall, subject toparagraph "19.5"herein, negotiate the applicable salary. Those department chair positions in the unitas of July 1, 1976, shall not be automatically removed if their occupants are assigned toadministrative duties less than 60% of the time.

1.2 Nothing contained herein shall be construed to prevent any individual member oftheAssociation from discussing personal problems with the Superintendent without intervention of theAssociation, provided that resulting adjustments are not inconsistent with the terms of thisAgreement.

ARTICLE 2. PROFESSIONAL DUES DEDUCTION

2.1 The District agrees to the deduction of a uniform amount from the salaries ofmembers of the Association for dues for the Herricks Association of Administrators and Supervisors,Inc., or anyone, or any combination of such associations, as said members individually andvoluntarily authorize the District to deduct and to transmit the monies promptly to the treasurer of theAssociation.

2.2 Deductions referred to above shall be made each pay period starting October1st andending December 31st. No later than September 20th, the Association shall provide the District witha list and the original signed dues authorization cards of those employees who have voluntarilyauthorized the District to deduct dues for the authorized association(s) (Appendix "A"). AfterSeptember 20th, members who have not signed this authorization shall pay dues directly to thetreasurer of the Association. The amount of this agency fee shall be specified by the Association.

2.3 The District and Association recognize that the negotiation and administration ofcollective agreements and activities entail expenses which are appropriately shared by all employeescovered by such agreements. They further recognize that the Association, by reason of its status as

4UT/D392639v6/C0027920/F000128

the "exclusive representative" of all employees in the negotiation unit, is obligated to fairly representall such employees without regard to their membership in the Association. In consideration thereof,the District agrees to deduct from the wages of all employees in the negotiating unit who are notmembers of the Association, an agency fee in the amount equivalent to the unified dues of theAssociation and to promptly transmit the sums so deducted to the Association.

2.4 Deduction of this agency fee provided for in section "2.3" of this article shall bemade, consistent with the dues deduction schedule ofthis Agreement ("2.2" above), or in such othermanner as the parties may agree in writing. The District agrees to furnish the Association with analphabetical listing showing the names of all employees from whose salary such fees have beendeducted. Deductions for employees in the unit who are hired after October 1st of any school yearshall be appropriately prorated so as to complete deduction of the annual agency fee by the end ofeach school year.

2.5 The District shall, following each pay period from which dues deductions and agencyfees are made, transmit the amount so deducted to the Association, which shall bear soleresponsibility for transmittal of the dues to the other associations.

2.6 The Association agrees to hold the District harmless from any and all claims, suits,debts or liabilities arising out of the District's compliance with this article. These liabilitiesspecifically include, but are not limited to, the Districts expenses in defending any litigation arisingfrom the District's compliance with this article including attorneys' fees.

ARTICLE 3. NEGOTIATION PROCEDURE

3.1 There shall be negotiation in accordance with the procedures set forth herein in a goodfaith effort to reach mutual understanding and agreement on matters affecting the terms andconditions of employment of employees in the above-described unit.

3.2 The District agrees to enter into negotiations with the Association over a successoragreement upon reasonable notice of the Association's desire to do so prior to the expiration of thecontract. The District or the Association shall initiate such negotiations by exchanging writtenagenda. Any agreement so reached shall apply to all personnel included in the bargaining unitdefined above and shall be reduced to writing and shall be signed by the District and the Association.

3.3 The District and the Association during the negotiations shall present relevant data,exchange points of view and make proposals and counterproposals. The District shall make availableto the Association for inspection all pertinent records ofHerricks Union Free School District. Eitherparty may, if it so desires, utilize the services of outside consultants and may call upon professionaland lay representatives to assist in the negotiations.

3.4 If the negotiations described in the above sections have reached an impasse, then theNew York State Public Employment Relations Board's procedures on impasses shall prevail.

5UT1D392639v6/C00279201FOOO 128

ARTICLE 4. PROFESSIONAL CONFERENCES

4.1 Within the limitations of the budgeted funds, the District shall pay the reasonableexpenses, including fees and transportation. Room and board in amounts not to exceed $150.00 perday, shall be paid members who attend workshop seminars, conferences, or other professionalmeetings subject to advance approval of their immediate supervisor and Superintendent. Writtenrequest shall be submitted to the building principal at least three weeks before the conference date.Requests shall give full information relative to the conferences.

4.2 Conference funds for administrative and supervisory personnel shall be separate fromand exclusive of teachers' allotments. The District shall make every effort to allocate a reasonableamount of money for this purpose so as to obtain significant returns in staff improvement ensuingfrom conference attendance, but it is expressly understood and agreed that the Board is under noobligation hereby to budget any amount or level of expenditures for this purpose. Where a memberis responsible for several subject areas, this shall be taken into account in the allotment of conferencefunds.

4.3 Unit members who use their personal vehicles for travel to and from such seminars,conferences, or meetings shall be reimbursed at the then prevailing rate provided under the UnitedStates Internal Revenue Code for necessary mileage incurred. All mileage is to be measured fromHerricks to the destination.

ARTICLE 5. PROMOTIONS, VACANCIES AND TRANSFERS

5.1 All vacancies and positions covered by this Association shall be publicizedpursuant to the following procedure:

(a) Such vacancies shall be adequately publicized, which shall mean, as aminimum, that a notice shall be posted in every school clearly setting forth adescription of the qualifications for the position, including the duties andsalary range. During summer recess such notices shall be mailed to officersof the Association (President, Vice-President, Secretary and Treasurer).

(b) Such notices shall be posted as far in advance as possible.

(c) Candidates shall submit their applications in writing to the Superintendent ofSchools.

5.2 The District shall make every effort to fill existing vacancies with qualified personnelas soon as possible. In the case of Principals, Assistant Principals, and Department Chairperson,acting appointments shall be made iffully qualified candidates cannot be found within ninety (90)calendar days, exclusive of vacations, ofthe date on which the vacancy occurred. No priority as a

6UTID392639v6/C0027920IF000128

candidate for the vacancy shall be given to the person who receives such an acting appointment. Aperson receiving an acting appointment which carries a higher salary is to be paid at a higher salaryfor the period -- he is so employed, or at a mutually agreed upon adjusted salary if all of the dutiesconnected with the acting appointment cannot be discharged.

5.3 The Superintendent shall provide the Association with written notification of theDistrict's intention to eliminate, establish or change unit positions during the contract period, andupon written request by the Association, the Superintendent shall meet with the Associationrepresentatives to discuss the reasons therefore prior to the Board taking final action.

5.4 When a member is hired or transferred into a position covered by this Association, theDistrict shall, upon request, notify the Association in writing, giving name, address, position, rate ofpay and assignment.

5.5 A member of the bargaining unit to be terminated due to the abolition ofa positionshall be given seventy-five (75) calendar days notice prior to the effective date of termination.

ARTICLE 6. PROFESSIONAL WORK SCHEDULE

6.1 Members ofthe association who have an eleven (11) month contract shall have allholidays and school vacations as provided for in the school calendar and, in addition, July 4th andlabor day. Association members on a ten (10) month contract shall have all holidays and schoolvacations as provided for in the school calendar.

6.2 There shall be a one-month vacation (which may be mutually arranged with theSuperintendent) for those who have an eleven (11) month contract. This month shall be defined asthe number of workdays falling between July 1st and August 31st divided by two. Fractions shall berounded off alternatively in favor of the District and of the Association. For HAAS members whocommence employment in the District after July 1 and before September 1 of a given school year,such vacation shall be prorated. Any HAAS member commencing employment in the District afterSeptember 1 shall not be entitled to vacation during the school year in which such employmentbegan. Any vacation days to which a HAAAS member may be entitled which are not taken bySeptember 1 of the year in which they are earned are forfeited if the employee leaves the District'semploy during the course of that school year. Vacation days may not be carried forward intosubsequent school years.

6.3 The normal work year for Department Chairs extends five contiguous workdaysbeyond the teachers work year, or includes five additional days as mutually agreed upon.

6.4 The work year for the Athletic Director shall be eleven (11) months. The AthleticDirector shall follow the Guidance Chair Schedule.

6.5 In the event that a member of the negotiating unit is requested to perform duties

7UT 1D392639v6/C00279201FOOO 128

during his or her vacation, he shall be compensated in equivalent vacation time. Should it beimpossible to implement such compensatory vacation time during the current vacation period, timeworked shall be paid at a daily rate.

6.6 The District may require 10-month employees to perform professional duties for up tofive additional days during the school year or contiguous to their normal work year. Any suchadditional days will be paid at the unit member's normal per diem rate. The District will make everyeffort to establish any schedule for additional days at the earliest possible date, and, in any event, willnot require a unit member to work any extra days unless notified prior to May 1st. In the event thatsuch person is asked to work during days not contiguous, the days must be mutually agreed upon.

It is understood that professional duties may include in-service conferencing, curriculumdevelopment, and professional conferences. "Contiguous" means within a day or two within the endor beginning of school.

Effective July 1,2005, the Superintendent may, in his or her discretion, require DepartmentChairs to report to work for up to two additional days per year at their per diem rate at 1/200th oftheircurrent salary.

6.7 Principals shall be granted one-half (1/2) of a day off each month. Said days shall notbe cumulative and shall be taken between September 1st and June 30th with the approval of theSuperintendent of Schools. It is anticipated as a condition to the use of said days that the Principalshall have documented his/her attendance at fifty (50) evening meetings during the school yearbetween September 1st and June 30th. An "evening meeting" shall be defined as a meeting thatbegins after 6:00 p.m., or any weekend event that the Principal attends.

6.8 It is agreed that the position of Administrative Assistant (l l-month position) isincluded within the unit.

6.9 The District shall have the option of scheduling the English Department Chair onalternate semesters for the high school and alternate years for the middle school for two (2) classesone time and on the alternative time module one (1) class without paying an "overload" stipend. TheDistrict shall also have the option of continuing the current practice.

6.10 All unit members shall attend high school graduation exercises. Unit membersworking at the Middle School shall attend Middle School graduation exercises. The secondaryAssistant Principals, Deans and Principals shall attend Homecoming. The Department Chairs shallattend all Honor Society inductions for each school they work in.

6.11 All unit members shall be entitled to sick days in accordance with the procedure setforth in the Teachers' contract, with the exception that administrators' sick leave starts with 12 peryear, rather than 10. Sick banks for individual administrators shall be agreed upon by the partiesbased on District attendance records to the extent such records are available.

8UTID392639v6/C0027920IF000128

ARTICLE 7. POLICIES AND REGULATIONS

7.1 At the beginning of each school year, a complete copy of all written District policiesand administrative procedures accepted to date shall be placed on file in the Principal's office of eachschool, and one copy sent to the President of the Association. The Association will be providedcopies of future written District policy statements.

7.2 One copy of each Board of Education meeting minutes shall be mailed to thePresident ofthis Association at the same time these items are made available to the members of theBoard.

ARTICLE 8. PROFESSIONAL REPRESENT ATlON

Curriculum Committees appointed by the Superintendent or the Assistant Superintendent forCurriculum shall respect the principle of the involvement of members of this Association. Majorchanges in the curriculum shall be discussed by the Administrative Council before recommendationsare presented to the Board by the Superintendent. The Administrative Council shall be composed ofschool administrators selected by the Superintendent of Schools.

ARTICLE 9. BUDGET

9.1 Administrators and supervisors shall participate in the annual budget developmentprocedure. In accordance with the general guidelines of the District office, Building Principals,District Directors, and Department Chairmen shall develop budget proposals with the broadestpossible participation by members ofthis Association.

9.2 Upon official adoption of the final budget, each administrator or supervisor shallreview the budget with the Superintendent of Schools or his designees for the purpose of planningthe implementation of the budget and clarification of changes made by the Board of Education orelectorate.

ARTICLE 10. CONTRACTUAL RESPONSIBILITIES

10.1 The Board recognizes that the members ofthis Association exercise administrativeand supervisory responsibilities with relation to the staff in the school; therefore, the Board shall callupon the members ofthis bargaining unit for their views and for their participation solely as advisorsin negotiations in matters that affect their administrative and supervisory responsibilities.

10.2 Chairs: The Superintendent of Schools shall provide for sufficient time for executionof assigned duties and to provide compensation according to the schedule set forth in "ArticleIl - Salary" and in the Board policy attached hereto as Appendix "B."

lOJ Chairs shall have the equal right to apply and be appointed to any assignments within

9UT1D392639v6/C00279201F000128

the School District carrying extra compensation as any other member of the instructional staff.

The decision of the District whether or not to appoint any such chair applicant to any suchassignment shall be based solely on its judgment as to qualifications, merit, and compatibility withthe applicant's assigned responsibilities.

Payment of said extra compensation shall relate solely to actual services rendered. Thereshall be no retroactive payments under this article.

ARTICLE 11. SALARY

11.1 The wage rates for the positions covered by this agreement are as set forth herein inAppendix "c."

ARTICLE 12. FRINGE BENEFITS

12.l

SICK, CHILD CARE AND PERSONAL LEAVES

A. Child Care Leave of Absence Without Pay.1. Child care leave of absence without pay will be granted if requested

by the employee to the second September l st following thetermination of pregnancy, except as otherwise agreed by the teacherand the Superintendent.

2. The above provision will also apply to paternity leave and adoptiveleave for the purpose of child care.

3. On or before March 31, employees granted leaves in accordance withthis article must notify the Superintendent of Schools oftheir decisionto return to school for the next school year.

B. Sick Leave. The Board agrees to maintain its present methods in makingdeterminations in individual cases relative to leaves for personal illness andpersonal matters.

C. Personal Leaves of Absence. Cognizant that the professional staff will onoccasion be unavoidably absent from school for reasons other than health, andmindful of the professional integrity of the staff, the District authorizes theSuperintendent to grant absence with pay. Where possible requests for suchleaves should be made in writing to the Superintendent, on the proper form,prior to the time of absence. If an emergency prevents prior application, therequest form must be submitted as soon as possible after return to school.

10UTfD392639v6/C0027920/FOOO 128

The following list has been prepared to serve as guide.

1. Familya. Serious illness in the family requiring the presence of

the teacher (Mother, father, spouse, parents of spouse,grandparents, child, sister and brother).

b. Death in the family. No more than five personal dayswill be granted for each bereavement. (Period ofmourning before or after funeral.)

c. Employee's wife gives birth to a child.d. Quarantine.e. Graduation of an employee from an advanced degree

program or of son, daughter, or spouse from college.f. Marriage in the family.

2. Attendance at Funeral Servicesa. Funeral services of brother in law, sister in law, aunt

or uncle, grandchild, niece or nephewUp to two days for travel for attendance at a funeralservice will be paid, at the Superintendent'sdiscretion. Said discretion is solely based on length oftravel time needed.

b.

3. Legal.a. Employee duly subpoenaed as a witness.b. Employee involved in litigation, except in litigation

adverse to the District. (Maximum of two days peryear.)

c. Closing on a house.d. Jury duty. The employee shall request "on-call

service" where applicable. Upon presentation of juryreimbursement slip, the employee will be paid thedifference between jury pay and salary.

4. Military.a. Granted only if tour of duty cannot be arranged to coincide

with vacation5. Miscellaneous.

a. The Superintendent is authorized to grant leaves ofabsence with pay for extraordinary reasons other thanthose mentioned above.

b. If the compensation, beyond expenses, is receivedduring an approved absence, the District'scompensation will be reduced accordingly.

11UTID392639v6/C0027920/F000128

c. Emergency - for extenuating emergency situations -limited to one (1) per day per year.

D. Other Leaves.1. Any short term leave of absence other than for illness or for those

reasons listed in this contract will be granted at the discretion of theSuperintendent. Such leave may be granted with full salary andbenefits, reduced salary and benefits or with no salary and benefits.

2. Leaves of absence for a reasonable length oftime up to one year willcontinue to be granted by valid reasons upon the discretion of theSuperintendent consistent with the needs of the District.

3. If a leave is not granted, there will be a reduction of no more than theper diem amount based on the employee's regular annual salary foreach day's absence beyond the one day's absence per year that may beclaimed by the employee and approved as an emergency absence asset forth in Sc. above.

HEALTH AND DENTAL INSURANCE

A. 1. Health Insurance. The District will continue its presentprogram of health insurance. The Board will pay, basedupon the Statewide Plan, a sum equivalent to eighty (80%)percent of the premium for individual coverage and eighty(80%) percent ofthe premium for family coverage.

b. The District will have the right to select an alternativecarrier or self fund health insurance provided retirees shallhave the same rights under the alternate plan as they wouldhave under the state plan. HAAS must concur for theduration ofthis contract that the benefits are comparable tothe existing state plan for both active and retired teachers.If possible, HAAS will have a representative on theAdministration Board of this plan.

a.

2. Effective September 1, 1980, the District will provide a majormedical catastrophic plan for all employees, which will providebenefits beyond those offered by the current statewide plan. TheBoard will pay ninety-five (95%) of individual coverage and ninety(90%) offamily coverage for this plan. Said benefits will providefor one million dollars of coverage per insured per lifetime at100% reimbursement. Effective July 1, 1985 the District will paythe full cost ofthe outpatient psychiatric rider.

3. If, during the life of this Agreement, the statewide plan is modifiedto provide some or all of these benefits, the District's obligation

12UTID392639v6/C0027920IF000128

will not exceed the amount of dollars necessary to supplement thestatewide plan to provide the above benefits.

4. Any employee who declines either individual or family healthinsurance coverage for a minimum of one year will receive, foreach year declined, one-quarter (114) of the savings to the Districtup to a maximum of seven hundred and fifty ($750.00) for theindividual plan and fifteen hundred ($1,500.00) for the family plan,whichever is greater. This money will be paid in the first paycheckin October of the year following the one in which the insurancewas declined.

B. Dental Insurance. The Board's contribution toward the monthly dentalinsurance premium will be as follows for those participating and eligiblefor the program:

Employee only coverage $ 9.15

Employee and dependent coverage $30.62

C. Effective October 1, 1991 the District will implement an IRS Section 125Plan for the deduction of health, dental and catastrophic insurancepremiums.

12.2 Health insurance for those who retire during the term of this contract shall be atthe same rate of contribution as when such employees were active. This benefit shall continuefor the life of each such administrator. This provision shall terminate and shall be of no force oreffect after June 30, 200920 14.

12.3 The District shall have the right to select an alternate carrier for health insurance. ThePresident of HAAS shall .receive prior notice. The benefits shall be comparable to that availableunder the state program and the rights of participants and retirees shall be the same as under the stateprogram. HAAS shall have the same carrier as the teachers.

12.4 Dental insurance benefits for those unit members who retired before 1973 shall becontinued after retirement.

12.5 In addition to the current sick leave, leaves of absence for valid reasons may begranted without pay to members of this unit, at the discretion of the District, consistent with theneeds of the District.

12.6 Subject to carrier regulations, the District shall provide a group life insurance policyproviding each unit member with One Hundred Thousand ($100,000) Dollars life insurance.

Subject to carrier approval, said policy will provide for an option by retirees to

13UT 1D392639v6/C0027920IFOOO 128

continue participation in the group at their own expense and without any District cost.

12.7 Effective July 1, 1994, a fund in the amount of$3,600.00 shall be established for thebenefit of Principals, Assistant Principals, Dean of Students, Directors and Chairpersons. The fundshall be used for professional expenses including enhancement of conference attendance and relatedbusiness expenses.

12.8 Distribution of the fund shall be at the discretion of the Superintendent withrecommendations made by the Association. Nevertheless, the Principals shall be allocated $400.00per year and Assistant Principals, Dean, Coordinators, Directors, and Chairpersons shall be allocated$200.00 per year.

12.9 Allocations for meals at school related "evening meetings in which administrators areexpected to attend will not exceed $20.00 per meal. Receipts will be presented to the AssistantSuperintendent for Business at the end of each month.

12.10 On June 30 of each year of the contract, any monies not expended by the AssistantPrincipals, Dean, Director, Coordinators, and Chairpersons will become available to the Principals'use; then, if funds still remain, these funds will be distributed to eligible HAAS members thatexceeded their allocated amount (12.8) starting with 100% percentage reimbursement. Shouldavailable funds not cover full reimbursement, payment shall be made on a descending percentage(e.g. 90%, 80%, 70% ...)

12.11 Eligible administrators, as determined in the Board's sole discretion from time totime, shall be reimbursed, at a rate of$25.00 per month, for District use ofa personal cell phone orsimilar equipment in lieu of a District provided cell phone.

ARTICLE 13. PROPERTY DAMAGE

13.1 The District will maintain high standards of sanitation, health and safety with respectto all school buildings and grounds.

13.2 In the event that a member has not been negligent, the District will reimburse hirnlherfor damage to or destruction of clothing and personal effects normally worn or brought into schoolby teachers; provided that 1) the damage was sustained during an incident related to employment; 2)the damaged property does not exceed Two Hundred and Fifty ($250.00) Dollars in value; and 3) thedamaged property is not cash, a tape recorder or other electronic device, camera, or other unusualequipment or property.

13.3 The District shall expend necessary funds, not to exceed Seven Hundred and Fifty($750.00) Dollars for the purpose ofreimbursing members whose cars have been damaged while onschool property.

14LJT 1D392639v6/C0027920/FOOO 128

ARTICLE 14. EARLY RETIREMENT INCENTIVE

14.1 Retirement Incentive

l. Any member who meets the conditions set forth below shall be eligible toapply for and receive a pay differential as follows: Effective July 1,2004, Administrators shall begranted 75 sick days retroactively (which days shall have no cash value and shall not be used for anypurpose other than the retirement incentive as set forth in this 14.1), at a rate of 15 days per year.The base incentive shall be $40,000 and will be paid according to the following schedule, based onthe member's use of the 75 retroactive sick days in five out ofthe six years immediately precedingretirement:

70-75 unused days60-69 unused days50-59 unused daysUnder 50 unused days

$40,000$ 35,000$ 30,000$ 25,000

Said sum shall be paid in a lump sum on or about the date of retirement and will be credited, forretirement purposes, as being paid for services rendered during the final full year of administrativeservice prior to the member's effective retirement date. Retirement shall be effective on June 30th ofthe year of retirement.

2. To be eligible for the benefit during this agreement, the unit member mustcomply with all of the following during the first school year in which all of the elements ofParagraph 2(a) are satisfied:

(a) Reach the minimum age for retirement based on the employee's tierin accordance with the applicable rules and requirements of the NewYork State Teachers' Retirement System ("TRS"); AND be eligibleto retire without penalty under the applicable rules and requirementsofTRS; AND have served a minimum often (10) years of continuousservice in the Herricks School District prior to retirement.

(b) Submit his/her application and resignation as set forth in paragraph(c) not later than February 15th of the year of retirement, and

(c) Submit his/her resignation from the District effective June 30th oftheyear of retirement.

3. This retirement incentive program shall expire and be of no further force andeffect on June 30, 2014. The Association herewith waives the applicability of, 209-a-(l)( d) and '209-a(l )(e) of the Taylor Law to the entirety of the

15UT1D392639v6/C00279201F000128

provisions ofthis agreement.

4. By the inclusion of this retirement incentive in the contract the parties intendto exclude the applicability of Article 12.1 to any teacher retirementincentive.

5. Payments as set forth in this Article shall be made as an Employer Non-elective contribution to the 403(b) account of each covered employee inaccordance with the terms and conditions of this agreement as specified inAppendix "E."

ARTICLE 15. ASSOCIATION PRIVILEGES

15.1 The Association may distribute materials dealing with proper and legitimate businessof the Association through interschool mail and/or mail boxes.

15.2 The use ofthe facilities of the schools shall be permitted for Association business,providing there is no interference with the proper use of the schools for educational activities, andsuch business is conducted at reasonable hours and conforms to the rules and regulations for the useof schools according to District policy.

15.3 The only record with respectto anyAssociation member for any official purpose shallbe the member's official personnel file in the Superintendent's office. A member shall be entitled toexamine his/her professional file and shall receive a copy of any letter reflecting on the member oron the performance of his/her duties, if such letter or communication is to be inserted in themember's file and record. Any response filed by a member must also be included in such file, but noimplication of any kind shall be drawn from any failure to make such response. Subject to reasonableProcedural requirements, a member shall have the right to review his/her file during the normalworkday.

ARTICLE 16. GRIEVANCE PROCEDURE

16.1 A grievance shall be presented only by or on behalf of an individual member of thebargaining unit or a group of members of the bargaining unit concerned with grievance, and afterapproval of the Grievance Committee of the Association.

16.2 Grievance shall be defined as follows:

(a) Any dispute arising over the interpretation or application ofthe rules, writtenpolicies and administrative regulations of the Board of Education of theHerricks Public Schools.

(b) Any dispute arising over the application or interpretation of any of the

16UT1D392639v6/C00279201FOOO 128

provisions ofthis Agreement.

16.3 The grievant may have a representative ofthe Association present at any step ofthegrievance procedure. Neither party shall have legal counsel present at the informal stages.

16.4 If an aggrieved party or parties fails within the time limit to appeal a decision at anystep, the decision shall stand as rendered.

16.5 Failure to render a decision within the time limit provided herein, at any step, shallautomatically thrust the grievance into the next step, unless, by mutual consent, the timerequirements have been waived.

16.6 Step I:

(a) Under the Agreement, a dispute which cannot be resolved informally shall besettled in the first instance by the immediate supervisor or administrator andthe aggrieved party or parties (including, if requested by the aggrieved,his/her Association representative). A grievance shall be submitted to theimmediate supervisor or Administrator in writing and shall be answered bysaid supervisor or Administrator inwriting within ten (10) calendar days fromthe time the grievance was received.

(b) No grievance shall be filed later than thirty (30) days after the eventconstituting the alleged violation became known or should have been knownto the grievant.

16.7 Step 2:

(a) In the event that the grievance is not adjusted under Step 1, the individualgrievant or the Association through its Grievance Committee, at the grievant'srequest, may within ten (10) days ofthe receipt ofthe written answer take upsuch grievance with the Superintendent or his designee (which designee shallbe a non-bargaining unit supervisor).

(b) The Superintendent or his designee, or the Association as the case may be,after informal hearing where requested, at which the grievant and his/herrepresentative may appear and present oral and written statements orarguments, shall answer in writing, within ten (10) days of receipt of thegrievance, or ten (10) days ofthe hearing, iflater.

16.8 Step 3:

(a) A grievance which is not adjusted under Step 2 may, at the request of either

17UT1D392639v6/C00279201F000128

party within two (2) weeks of the Step 2 answer, be promptly submitted to anarbitrator selected by the mutual agreement of the parties.

(b) In the event that the parties fail to agree on the arbitrator within five (5)school days, he shall be designated by the American Arbitration Association.The Voluntary Labor Arbitration Rules of the American ArbitrationAssociation shall apply.

(c) In the event of a dispute as to the timeliness of a grievance, the issue oftimeliness will be submitted to the arbitrator prior to argument on the meritsof the grievance. In the first portion of the grievance, the arbitrator will beempowered only to issue a binding decision on timeliness, based on writtensubmission by the parties. There will be no appearance, unless both sidesagree. If the matter is determined to be timely, the grievance will proceed asset forth in the collective bargaining agreement. If it is determined to beuntimely, the matter will be closed and grievance terminated.

(d) A grievance dispute arising under any terms of this Agreement involvingDistrict policy or discretion may be submitted to such arbitrator only on thequestion whether the District policy was disregarded, or was applied in sodiscriminatory, arbitrary or capricious a manner as to constitute an abuse ofdiscretion.

(e) The District and the Association shall bear equally the arbitrator's fees and hisother expenses.

(f) The report ofthe arbitrator shall contain a written statement of his findings offact, conclusions of law and decision resolving the dispute. The arbitratorshall send a copy of his report to each grievant involved, the Association, theSuperintendent, and the President of the Board of Education. Every effortshall be made to implement the decision as soon as possible. The arbitrator'srecommendations shall be binding on the parties in all grievances relating tothe interpretation or application of the Agreement where such provisions donot involve educational policy. In a grievance relating to issues involvingeducational policy the arbitrator's recommendation shall be advisory only.Within fifteen (15) school days ofthe submission ofthe recommendation, theBoard of Education shall report in writing to the grievant and the Association,indicating what action the Board of Education has taken on therecommendation.

ARTICLE 17. LITIGATION

The Board shall provide legal counsel and shall defend members of this Association in

18UT 1D392639v6/C00279201FOOO 128

lawsuits brought against them for acts of said members in legal performance of assignedadministrative supervisory and/or teaching duties, in accordance with Section 3023 and all otherrelevant sections of the State Education Law.

ARTICLE 18. WORKERS COMPENSATION

Employees will provide reasonable medical documentation with sufficient specificityregarding condition, treatment, prognosis and limitations as requested by the District in connectionwith and Workers' Compensation leave exceeding four weeks.

ARTICLE 19. OTHER CONTRACTUAL PROVISIONS

19.1 This Agreement shall constitute the full and complete commitments between bothparties and may be altered, changed, added to, deleted from or modified only through the voluntary,mutual consent of the parties in a written and signed amendment to this Agreement.

19.2 The provisions of this Agreement shall be incorporated into and be considered partof the established policies of the Board. During the life of this Agreement the Board shall not adoptany policies inconsistent with the terms of this Agreement.

19.3 Copies of the H.T.A. contract shall be provided to all Association members as soonas such contract becomes available. Likewise, contracts ojall other Districts bargaining units shall beprovided each building administrator.

19.4 A teacher who accepts an acting appointment to an administrative or supervisoryposition shall be governed by the terms and conditions ofthis Agreement during such appointment.

19.5 Subject to Section "19.2", before the Board ojEducation adopts a change in policywhich would effect a change in wages, hours, or other terms and conditions of employment whichare not covered by the terms of this Agreement, the Association shall be notified in writing that suchchange is being considered. The Association shall have the right to negotiate upon such proposedchanges by stating its desire to do so within five (5) school days of said notice.

In the event of any dispute as to whether or not a change in policy or practice changeswages, hours, or terms and conditions of employment, the question maybe submitted to expeditedarbitration under the terms ofthis Agreement and determination by the arbitrator shall be limited towhether the said change is a term and condition of employment and therefore to be negotiated.

There shall be no arbitration ofthe substance of the change.

However, the Association, ifunsatisfied with the outcome of negotiations, may raisethe issue in the negotiations for a successor agreement.

19UT1D392639v6/C00279201F000128

19.6 In the event the District elects to establish a ten (10) period high school day for theDepartment Chairs, it shall meet with the Association. to discuss the impact thereof as required bythe Taylor Law.

ARTICLE 20. SEPARABILITY AND RENEGOTIATION

To the best knowledge and belief of the parties, this contract contains no provision which iscontrary to Federal law or State law. Should, however, any provision ofthis Agreement, at any timeduring its life, be held in conflict with Federal or State law, then such provisions shall be deemedinoperative, but the remaining provisions ofthe Agreement shall, nevertheless, remain in full forceand effect.

ARTICLE21. TAYLOR LAW NOTICE

IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANYPROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVEACTION TO PERMIT ITS IMPLEMENTATION BYAMENDMENT OF LAW OR BY PROVIDING THEADDITIONAL FUNDS THEREFOR, SHALL NOT BECOMEEFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODYHAS GIVEN APPROVAL.

ARTICLE 22. DURATION,

This Agreement shall be effective from July 1,2009 through June 30, 2014 inclusive, andfrom year to year thereafter, unless either party serves termination notice upon the other by certifiedmail, postmarked on or before February lst, or any subsequent February 1st, as may correspond to ayear of subsequent renewal.

IN WITNESS WHEREOF, the parties have caused this Agreement to be signed the day andyear first above written.

BOARD OF EDUCATION HERRICKS ASSOCIATION OF HERRICKSHERRICKS UNION FREE SCHOOL _ADMINISTRATORS AND SUPERVISORSDISTRICT

By: _ _ By: _

LJT1D392639v6/C00279201F000128 20

APPENDIX "A"

HERRICKS ASSOCIATION OF ADMINISTRATORS AND SUPERVISORS, INC.

PAYROLL DEDUCTION AUTHORIZATION

Last Name First Initial

Building

Social Security No.Address

To the Board of Education:

I hereby authorize you, according to arrangement agreed upon withthe above Association, to deduct from my salary and transmit to saidAssociation, dues as certified by said Association for thoseorganizations indicated below. In the case of termination ofemployment, the Board of Education shall deduct the remainder ofthe annual dues for the year from my final paycheck. I hereby waiveall rights and claim for said monies so deducted and transmitted inaccordance with this authorization and relieve the Board of Educationand all its officers from any liability therefore, I revoke any and allinstruments heretofore made by me for such purposes. This authorityshall remain in full force and effect for all purposes while I amemployed in this school system, or until revoked by me in writing.

Herricks Association ofAdministrators-Supervisors, Inc.

$------------------

TOTAL$ _

Member Signature: _ Date: __

LJTID392639v6/C0027920IFOOO 128 21

APPENDIX "B"

1. The District recognizes the importance ofthe responsibilities of Department Chairs outlinedjob descriptions and District Policies and regulations. The Superintendent of Schools shallprovide sufficient time for execution of assigned duties ofthe Department Chairs accordingto the following schedules.

A. The maximum teaching assignment is no more than two (2) classes.

B. The following regulations serve as a guide in implementing the policy ofthe Board ofEducation.

I(a) The Principal shall make recommendations to the Superintendent of Schoolsregarding appointments to the following established positions for DepartmentChairs:

Middle SchoolEnglishFine and Applied ArtsSecond LanguagesMathematicsPhysical EducationScienceSocial StudiesSpecial EducationGuidance

Senior High SchoolBusiness EducationEnglishFine and Applied ArtsSecond LanguagesGuidanceMathematicsPhysical EducationSciencesSocial StudiesSpecial Education

I (b) New Department Chairs, authorized by the Board of Education, shall begoverned automatically by the terms of this Contract Agreement.

2. For purposes defining the teaching assignment of certain Chairs, the following exceptionsshall be observed:

(a) Supervision of athletics in the senior high school as one class assignment.

(b) Five science labs shall be considered as one class assignment. Any lesseramount shall be given pro-rated credit.

(c) The District agrees that in the event it intends to assign aDepartment Chair toteach classes in more than one building in the future, it will, prior to makingsuch assignment, first discuss the same with the Chair or Chairs involved,and, if necessary, with representatives of the Association.

UTID392639v6/C0027920IFOOO 128 22

3. A Department Chair shall not be required to assume any additional teaching assignment.When some established extra curricular activity might be eliminated, an extra duty may beassumed by mutual agreement of the Department Chair, Principal, and Superintendent.Compensation for such an activity shall be in accordance with the established rates.

4. The counseling load of the Chair in Guidance shall be in accordance with the establishedschedules.

5. The department of Fine and Applied Arts shall include Home Economics, Industrial Arts,and Fine Arts.

6. In the event a chairperson is assigned an additional non-administrative duty or teachingperiod, said chairperson shall be paid for additional period at the rate of one-sixth (1/6) thebase salary only.

7. District personnel roster and interschool telephone directories shall list Chairs by propername and department.

8. Every effort shall be made to provide the Department Chairs with individual telephones andseparate extension numbers and to avoid bridging.

9. Every effort shall be made to provide a pool of secretarial assistance for Department Chairs.

10. Joint Chairs shall be defined as persons who are Chairs of departments in two buildings.Joint, Shared and Lead Chairs (other than Guidance Chairs) shall receive additionalcompensation as set forth below. In addition, it is understood by the parties that there is noclaim by the Association that departments formerly separate and since combined constitutetwo departments or that the Department Chairs are to be considered Joint Chairs. EffectiveJuly 1,2009, the foregoing unit members shall receive additional compensation according tothe following schedule:

July 1,2009: $2108.July 1,2010: $2161.July 1,2011: $2221.July 1,2012: $2287.July 1,2013: $2367.

11. When the Chair is assigned to supervise two or more adults in paid attendance tosupervise/chaperone students, the Chair shall receive $50.00 for weekend events and $20.00for non-weekend events.

I..JTID392639v6/C0027920IF000128 23

12. All newly appointed Chairpersons shall be placed on the salary schedule at a step asdetermined by the District.

13. Chairpersons shall receive no additional pay for degrees earned or the number ofteachers intheir departments.

UT /D392639v6/C0027920IFOOO 128 24

APPENDIX "C"

Dean of Students

2.50% 2.50% 2.75% 3.00% 3.50%STEp 20082009 2009-2010 2010-2011 2011-2012 2012-2013 2013-20141 ~ $93,964 $96,314 $98,962 $101,931 $105,4992 $92;7-98 $95,118 $97,495 $100,177 $103,182 $106,7933 ~ $96,286 $98,693 $101,407 $104,450 $108,1054 ~ $97,439 $99,875 $102,622 $105,700 $109,4005 ~ $98,608 $101,073 $103,853 $106,968 $110,7126 $@7,328 $99,761 $102,255 $105,067 $108,219 $112,0077 ~ $100,914 $103,437 $106,281 $109,470 $113,3018 $OO-;éW $102,083 $104,635 $107,512 $110,737 $114,6139 $~QQ,7~9 $103,237 $105,818 $108,728 $111,989 $115,90910 $-%).q,859 $104,405 $107,016 $109,958 $113,257 $117,22111 $~Q2,877 $105,449 $108,085 $111,057 $114,389 $118,39312 $1Q3,9Q6 $106,504 $109,166 $112,168 $115,533 $119,577

- 13 $104,@4§ $107,568 $110,258 $113,290 $116,688 $120,77314 ~ $108,645 $111,361 $114,423 $117,856 $121,98115 $~Q7,Qli§ $109,731 $112,475 $115,568 $119,035 $123,20116 $~Q8,~26 $110,829 $113,600 $116,724 $120,226 $124,43317 $109,2Q7- $111,937 $114,736 $117,891 $121,428 $125,67818 $~~Q,299 $113,056 $115,883 $119,070 $122,642 $126,93419 $1n4Q2 $114,187 $117,042 $120,260 $123,868 $128,20420 $112,5~6 $115,329 $118,212 $121,463 $125,107 $129,486

ChairpersonsChairpersoRs ___- -{ Formatted: Underline

2.50% 2.50% 2.75% 3.00% 3.50%STEp 20082009 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014

$~~t73Q $114,524 $117,387 $120,615 $124,233 $128,5812 $-1-1-3,.qQ9 $115,937 $118,835 $122,103 $125,766 $130,1683 $114,474 $117,336 $120,269 $123,577 $127,284 $131,7394 $115,854 $118,751 $121,719 $125,067 $128,819 $133,3275 $1-1-7.235 $120,166 $123,170 $126,558 $130,354 $134,9176 $1-1-8,ê1-6 $121,581 $124,620 $128,047 $131,889 $136,5057 ~ $122,994 $126,069 $129,536 $133,422 $138,0928 $~2~,379 $124,409 $127,519 $131,026 $134,957 $139,6809 $-1-22.7-56 $125,825 $128,970 $132,517 $136,493 $141,27010 $~24,~36 $127,239 $130,420 $134,007 $138,027 $142,85811 $125,377- $128,511 $131,724 $135,346 $139,407 $144,28612 $126,631 $129,797 $133,042 $136,700 $140,801 $145,72913 $1-27-,897- $131,094 $134,372 $138,067 $142,209 $147,186

25UT1D392639v6/COO279201FOOO128

14 $129,m~ $132,406 $135,716 $139,448 $143,632 $148,65915 $1JO,468 $133,730 $137,073 $140,842 $145,068 $150,14516 $131,773 $135,067 $138,444 $142,251 $146,519 $151,64717 $-133,Q9-1 $136,418 $139,829 $143,674 $147,984 $153,16418 $134,422 $137,783 $141,227 $145,111 $149,464 $154,69519 $135,766 $139,160 $142,639 $146,562 $150,959 $156,24220 ~ $140,552 $144,066 $148,028 $152,469 $157,805

Director of Music & Performing Arts Director of-Music & Performi-Ag-Afts

2.50% 2.50% 2.75% 3.00% 3.50%STEP 20082009 2009-2010 2010-2011 2011-2012 2012-2013 2013-20141 $-1-1-8,82-5 $121,796 $124,841 $128,274 $132,122 $136,7462 $-1-20,29á $123,303 $126,385 $129,861 $133,757 $138,4383 $12U'66 $124,810 $127,930 $131,448 $135,391 $140,1304 $123,236 $126,317 $129,475 $133,035 $137,026 $141,8225 $-1-24,691 $127,808 $131,003 $134,606 $138,644 $143,4976 $126,161 $129,315 $132,548 $136,193 $140,279 $145,1887 ~ $130,822 $134,093 $137,780 $141,913 $146,8808 $129,1Q1 $132,329 $135,637 $139,367 $143,548 $148,5729 $-1:;10,056 $133,820 $137,166 $140,938 $145,166 $150,24710 $132,027 $135,327 $138,711 $142,525 $146,801 $151,93911 $133,347 $136,681 $140,098 $143,951 $148,269 $153,45912 ~ $138,047 $141,499 $145,390 $149,751 $154,99313 $1-36;027- $139,428 $142,913 $146,843 $151,249 $156,54214 $137,387 $140,822 $144,342 $148,312 $152,761 $158,10815 $-=I-38,7ê-1- $142,230 $145,786 $149,795 $154,289 $159,68916 $14Q,149 $143,653 $147,244 $151,293 $155,832 $161,28617 $14-1,ááQ $145,089 $148,716 $152,806 $157,390 $162,89818 ~ $146,540 $150,204 $154,334 $158,964 $164,52819 $144,395 $148,005 $151,705 $155,877 $160,553 $166,17320 $-14&,839 $149,485 $153,222 $157,436 $162,159 $167,834

Chair~erson of Guidance/Administrative Assistant/Director ofAthleticsChairpersoA--of-.G.ukI.a.A.GA<:f.mi.Ristra~r-of-.AthletiG&

2.50% 2.50% 2.75% 3.00% 3.50%STEP 20082009 2009-2010 2010-2011 2011-2012 2012-2013 2013-20141 $119,591 $122,580 $125,645 $129,100 $132,973 $137,6272 $-rn-.064- $124,087 $127,190 $130,687 $134,608 $139,3193 $-1-22,545 $125,609 $128,749 $132,290 $136,258 $141,0274 $124,0113 $127,116 $130,294 $133,877 $137,893 $142,7195 $1213,486 $128,623 $131,838 $135,464 $139,528 $144,4116 $126,970 $130,144 $133,398 $137,066 $141,178 $146,119

26UT/D392639v6/COO27920IFOOOI28

7 $128,44Q $131,651 $134,942 $138,653 $142,813 $147,8118 $129,92ê $133,174 $136,503 $140,257 $144,465 $149,5219 $131,396 $134,681 $138,048 $141,844 $146,099 $151,21310 $-1-32,866 $136,188 $139,592 $143,431 $147,734 $152,90511 $134,19€i $137,549 $140,988 $144,865 $149,211 $154,43412 $13€i,€i37 $138,925 $142,398 $146,314 $150,704 $155,97813 $13ê,fl92 $140,315 $143,823 $147,778 $152,211 $157,53814 $1-3~1- $141,718 $145,260 $149,255 $153,733 $159,11315 $139,643 $143,134 $146,712 $150,747 $155,269 $160,70416 $141,Q39 $144,565 $148,179 $152,254 $156,822 $162,31017 $142,4€iQ $146,011 $149,662 $153,777 $158,391 $163,93418 $-143;8ï'4 $147,471 $151,158 $155,314 $159,974 $165,57319 $14€i,313 $148,946 $152,669 $156,868 $161,574 $167,22920 $14ê,766 $150,435 $154,196 $158,436 $163,190 $168,901

Elementa!y School Princi~allDirector of PPSélemeRtary SGhøølPriRGipal!DireGtor of PPS

2.50% 2.50% 2.75% 3.00% 3.50%STEp 20082009 2009-2010 2010-2011 2011-2012 2012-2013 2013-20141 $13ê,1€i2 $139,556 $143,044 $146,978 $151,387 $156,6862 $137,fl47 $141,293 $144,825 $148,808 $153,272 $158,6373 $139,€i26 $143,015 $146,590 $150,621 $155,140 $160,5704 $141-,2Q6 $144,736 $148,355 $152,435 $157,008 $162,5035 $142,88ê $146,458 $150,120 $154,248 $158,875 $164,4366 $144,€i68 $148,182 $151,887 $156,064 $160,746 $166,3727 $14ê,248 $149,904 $153,652 $157,877 $162,613 $168,3058 $-147;-928 $151,626 $155,416 $159,690 $164,481 $170,2389 $149,6Q7 $153,348 $157,181 $161,504 $166,349 $172,17110 $1€i1,288 $155,070 $158,947 $163,318 $168,218 $174,10511 $1-52,8Q2 $156,622 $160,537 $164,952 $169,901 $175,84712 $1-54,331- $158,189 $162,144 $166,603 $171,601 $177,60713 $1€i€i,87€i $159,771 $163,766 $168,269 $173,317 $179,38314 $1-é7,434 $161,370 $165,404 $169,952 $175,051 $181,17815 $-1á9,GG8 $162,983 $167,Q58 $171,652 $176,802 $182,99016 ~8 $164,613 $168,728 $173,368 $178,569 $184,81917 ~4 $166,259 $170,416 $175,102 $180,355 $186,66718 ~ $167,922 $172,120 $176,853 $182,159 $188,53419 $165;464 $169,601 $173,841 $178,621 $183,980 $190,41920 $1ê7,119 $171,297 $175,579 $180,408 $185,820 $192,324

27UT1D392639v6/C00279201FOOO 128

Assistant Principal/Computer CoordinatorAssistant Principal/ComputerCoordinator

2.50% 2.50% 2.75% 3.00% 3.50%STEP 20082009 2009-2010 2010-2011 2011-2012 2012-2013 2013-20141 :¡;~:3~,OOê $134,281 $137,638 $141,423 $145,666 $150,7642 $~-32¡62ê $135,942 $139,340 $143,172 $147,467 $152,6293 :¡;~:34,2d~ $137,587 $141,026 $144,904 $149,252 $154,4754 $~d¡¡,g¡¡2 $139,248 $142,730 $146,655 $151,054 $156,3415 $~d7,47~ $140,908 $144,430 $148,402 $152,854 $158,2046 $-1.J9;Q92 $142,569 $146,134 $150,152 $154,657 $160,0707 $~4Q,+~2 $144,230 $147,836 $151,901 $156,458 $161,9348 $~42,3~ê $145,874 $149,521 $153,632 $158,241 $163,7809 $~43,9:37 $147,536 $151,224 $155,383 $160,044 $165,64610 $t4é,é57 $149,196 $152,926 $157,132 $161,845 $167,51011 $~47,O~;3 $150,688 $154,455 $158,703 $163,464 $169,18512 $WI,48;3 $152,195 $156,000 $160,290 $165,099 $170,87713 $~4Q,Qê8 $153,717 $157,560 $161,893 $166,750 $172,58614 $-1-á-1,4ê7 $155,254 $159,135 $163,512 $168,417 $174,31215 $~á2,982 $156,807 $160,727 $165,147 $170,101 $176,05516 $~54,á~2 $158,375 $162,334 $166,798 $171,802 $177,81517 $-1-5ê,057 $159,958 $163,957 $168,466 $173,520 $179,59318 $~¡¡7,êH¡ $161,558 $165,597 $170,151 $175,256 $181,39019 $~59,~94 $163,174 $167,253 $171,853 $177,008 $183,20420 WlO-¡+gê $164,806 $168,926 $173,571 $178,778 $185,036

High School PrincipalHigh School Principal

2.50% 2.50% 2.75% 3.00% 3.50%STEP 20QS 20QS 2009-2010 2010-2011 2011-2012 2012-2013 2013-20141 $W¡,92;3 $150,596 $154,361 $158,606 $163,364 $169,0822 $-148,722 $152,440 $156,251 $160,548 $165,365 $171,1533 $~50,5d8 $154,301 $158,159 $162,508 $167,384 $173,2424 ~ $156,161 $160,065 $164,467 $169,401 $175,3305 $~54,~68 $158,022 $161,973 $166,427 $171,420 $177,4196 $-1-á5,-982 $159,882 $163,879 $168,386 $173,437 $179,5077 ~8 $161,743 $165,786 $170,345 $175,456 $181,5978 $~59,ê~3 $163,604 $167,694 $172,305 $177,474 $183,6869 $~ê1,429 $165,465 $169,601 $174,265 $179,493 $185,77510 $~-63;243 $167,324 $171,507 $176,224 $181,511 $187,863

28UT 1D392639v6/C0027920IFOOO 128

11 $~ê4,87ê $168,998 $173,223 $177,987 $183,326 $189,74312 $H~ê,52ê $170,689 $174,956 $179,767 $185,160 $191,64113 $168,191 $172,396 $176,706 $181,565 $187,012 $193,55814 $-169;8+J $174,120 $178,473 $183,381 $188,883 $195,49315 $171,á73 $175,862 $180,259 $185,216 $190,772 $197,44916 $H3,289 $177,621 $182,062 $187,068 $192,681 $199,42417 $175,022 $179,398 $183,882 $188,939 $194,607 $201,41918 $~-76\-7-72 $181,191 $185,721 $190,828 $196,553 $203,43319 $178,540 $183,004 $187,579 $192,737 $198,519 $205,46720 $-+ß~ $184,833 $189,454 $194,664 $200,504 $207,521

Middle School PrincipalMiddle School PrinGipa-l

2.50% 2.50% 2.75% 3.00% 3.50%STEp 20082009 2009-2010 2010-2011 2011-2012 2012-2013 2013-20141 $~41,372 $144,907 $148,529 $152,614 $157,192 $162,6942 $~43.H2 $146,690 $150,357 $154,492 $159,127 $164,6963 $144,8138 $148,489 $152,202 $156,387 $161,079 $166,7174 $14ê,êQ7 $150,272 $154,029 $158,265 $163,013 $168,7185 $148,348 $152,057 $155,858 $160,144 $164,948 $170,7226 $-1-á0;'IDd $153,855 $157,701 $162,038 $166,899 $172,7417 ~ $155,639 $159,530 $163,917 $168,835 $174,7448 $~53,á84 $157,423 $161,359 $165,796 $170,770 $176,7479 $155,338 $159,222 $163,202 $167,691 $172,721 $178,76610 $~-57,O79 $161,006 $165,031 $169,570 $174,657 $180,77011 $158,ê5G $162,616 $166,682 $171,265 $176,403 $182,57712 $16Q,23ê $164,242 $168,348 $172,978 $178,167 $184,40313 $1ê1,839 $165,885 $170,032 $174,708 $179,949 $186,24714 $163;457 $167,543 $171,732 $176,455 $181,748 $188,10915 $465,()92 $169,219 $173,449 $178,219 $183,566 $189,99116 ~ $170,912 $175,184 $180.002 $185,402 $191,89117 $168;41-0 $172,620 $176,936 $181,801 $187,256 $193,80918 $-1-7G,G94 $174,346 $178,705 $183,619 $189,128 $195,74719 $171,795 $176,090 $180,492 $185,456 $191,019 $197,70520 $173,513 $177,851 $182,297 $187,310 $192,930 $199,682

LONGEVITY PAYMENTS

The incumbents in the positions listed in this salary schedule are entitled tolongevity payments for their service at Herricks as follows:

At beginning of 10 years of service - $ 750

At beginning of20 years of service - $ 1,000

At beginning of25 years of service - $ 1,500

29UT1D392639v6/C00279201FOOO 128

At beginning of 30 years of service - $ 2,000

30UT1D392639v6/C0027920/F000128

APPENDIX "D"

Framework of Administrative Performance Areas

I. Elements of Performance Areas

A. Administrative Management

The ability to perform as a school administrator deals not only with competency, butwith an element of the unusual or unexpected, resulting in more effectiveassignments and schedules, better utilization of budget and facilities, greaterproductivity of staff and student; thereby resulting in better informed and moresupportive parents and public.

Maintaining the normal operations of the school and its programs. This may include:

1. personnel assignments (utilization)

2. development of student/teacher schedules

3. budget development and control

4. proper delegation of authority

5. implementation of management prerogatives and adherence to requirementsof negotiated agreements

6. operation of various school activities

7. preparation of required reports and communications

8. liaison and proper communication with parent and community organizations

B. Leadership

1. effective implementation of District policy and administrative regulations

2. rapport and cooperation with staff, community, administration, and students

3. curriculum development and implementation

4. integration with District design

a. active involvement with support of new District-wide programs(development and implementation)

b. participation in various District activities (awareness and

31UT/D392639v6/C0027920IFOOO 128

responsibility - in-service, reporting to parents, etc.)

5. supervision ofinstruction

a. teacher supervision observation, evaluation, assistance, conferences,procedures for improvement and effectiveness of change

b. program evaluation and' supervision

C. Administrative Ingenuity

Creative solutions are solutions unique to specific problems which offer more than aroutine solution and are effective. Thus, finding creative solutions to problems inschool administration would be using administrative ingenuity.

II. Specific objectives (relating to Areas A, B and C above)

A. Guidelines for the Development of Objectives

GUIDELINES

The major guide to the setting of performance objectives is that theyshould be geared to each individual. The maximum number ofspecific objectives (II) shall not exceed five.

Semi-Annual Reviews

The Superintendent will schedule and conduct two semi-annual meetings with each Principal withregard to performance objectives during the school year.

First ConferenceSecond Conference

Fall SemesterSpring Semester

In preparation for the initial conference, each Principal will prepare a tentative list of theresponsibilities, factors, and performance objectives for his/her position. Under each performanceobjective, he/she should briefly indicate the proposed plan of action to accomplish the objectives.

During the initial performance objective meeting, the Principal and the Superintendent will reviewthe responsibilities, actors, performance objectives, and plans drawn up by the Principal. TheSuperintendent may recommend changes and additions for deletions to the list or to the plans. Thetwo should mutually agree to the final list of responsibilities, objectives, priorities, and standardsupon which the individual's performance. Such standards should include quantitative or qualitativeachievement expected. There should be no misunderstanding relative to any of these items.

At the first meeting, the relative importance of the performance objectives will be establishedthrough mutual agreement. This system of priorities can, during the curse of the school year, be

32UT1D392639v6/C00279201F000128

changed, again through mutual agreement, to reflect unforeseen needs or changing situations within agiven school.

Review Meetings

The meetings will consist of the discussion of progress reports and/or simple outlines and otherwritten supportive evidence submitted by the Principal relative to achievement of his objectives.

A concise resume of what has taken place at the meeting and any such changed conditions orsuggestions prepared by the Superintendent will be given by him to the Principal by February l st andby June 30th of each year.

As a portion of the resume, the Superintendent will include a statement to the Principal of his/heraccomplishment to that date in terms of general performance. The statement will be in terms of thethree levels of achievement; i.e., "Outstanding accomplishment, significant accomplishment, andsatisfactory accomplishment."

Whenever it is deemed to be in the best interests of the Principal to make suggestions that mayimprove the effectiveness of his performance, such suggestions will be included in the resume oftheperiodic meetings.

The Principal will initial and return one copy to the Superintendent or seek an additional clarifyingmeeting with the Superintendent if there is substantial difference of opinion with regard to theoutcome of the meeting in question.

Between the second meeting and before July l, each Principal shall be notified, in writing, by theSuperintendent of his/her final performance Appraisal Rating.

ADDITIONAL ADMINISTRATIVE CONSIDERATIONS

APPEAL

A. Objectives

Ifone or more Principals cannot reach agreement with the Superintendent with regard to theestablishment or modification of objectives, the Superintendent will meet together with twoAssociation representatives and the affected Principal in an attempt to iron out existingdifferences between such individual Principal and the Superintendent.

If the above procedure does not result in agreement between the Superintendent and theaffected concerning objectives and the approximate standards of achievement to be appliedto such objectives then HAAS may submit a request to appear before an executive session ofthe Board of Education, at which time a committee of three members of HAAS. will have anopportunity to present their views and arguments regarding said remaining difference withregard to any individual Principal, and the Superintendent shall likewise present his/herviews and arguments.

33UTID392639v6/C0027920IFOOOI28

B. Performance Appraisal Rating CPAR)

Within five calendar days of receipt of his/her final PAR, the Principal may petition theBoard of Education in writing to seek a hearing concerning specific objections to said PAR,provided, however, that the objecting Principal shall designate the precise statement(s) towhich he/she objects and shall detail the precise facts relied upon and shall submit completedocumentation, if any, to substantiate his objection. The Board of Education shall havecomplete discretion to grant or deny, in whole or in part, said petition.

C. Appearances

Appearances before the Board of Education pursuant to paragraph" A" above or pursuant toparagraph "B" above (if the petition is granted in whole or in part) shall be conducted in aprofessional manner and shall not involve non-school District personnel.

The Board of Education, after hearing the views and arguments presented, shall then make itsdetermination which shall be final and binding on both parties hereto and upon the affectedpersons.

D. Finality and Board Action

The subject matter and procedures delineated above shall not be subject to the grievance andarbitration procedures ofthe collective bargaining agreement, nor to the jurisdiction of anycourt and/or administrative agency.

DateBoard of EducationHerricks Union Free School District

Herricks Association ofAdministrators and Supervisors

Date

34UT 1D392639v6/C00279201FOOO 128

APPENDIX "E"RETIREMENT - 403(b) MANDATORY CONTRIBUTION

All payments due under Article 14 will be made as an Employer Non-elective contribution tothe 403(b) account of each covered employee in accordance with the terms and conditions of thisagreement as specified below:

1. No Cash Option. No employee may receive cash in lieu of or as an alternative to anyofthe Employer's Non-elective Contribution(s) described herein.

2. Contribution Limitations. In any applicable year, the maximum EmployerContribution will not cause an employee's 403(b) account to exceed the applicablecontribution limit under Section 415( c)(l) of the Code as adjusted for cost-of-livingincreases. For Employer Non-elective Contributions made post-employment toformer employee's 403(b) account, the Contribution Limit shall be based on theemployee's compensation, as determined under Section 403(b )(3) ofthe Code and inany event, no Employer Non-elective Contribution will be made on behalf of suchformer employee after the fifth taxable year following the taxable year in which thatemployee terminated employment.

In the event that the calculation of the Employer Non-elective Contributionreferenced in any of the preceding paragraphs exceed the applicable ContributionLimits, the excess amount will be handled by the Employer as follows:

A. For all members in the New York State Teachers' Retirement Systems (TRS)with a membership date before June 17, 1971, the Employer will first makean Employer Non-elective Contribution up to the Contribution Limit of theInternal Revenue Code and then pay any excess amount as compensationdirectly to the Employee. In no instance will the Employee have any rightsto, including the ability to receive, any excess amount as compensation unlessand until the Contribution Limit of the Internal Revenue Code is fully metthrough payment ofthe Employer's Non-Elective Contribution.

B. For all members in the New York State Teachers' Retirement System (TRS)with a membership date in the TRS on or after June 17, 1971 the Employerwill first make an Employer Non-elective Contribution up to the ContributionLimit of the International Revenue Code to the extent that the Employer Non-elective Contribution exceeds the Contribution Limit, such excess will bereallocated to the Employee the following year as an Employer Non-electiveContribution (which Contribution will not exceed the maximum amountpermitted under the Code), and in January of each subsequent year for up tofour (4) years after the year of the Employee's employment severance untilsuch time as the Employer Non-elective Contribution is fully deposited intothe Employee's 403(b) account. In no case will the Employer Non-electiveContribution exceed the Contribution Limit ofthe Internal Revenue Code.

35

UT1D392639v6/C0027920/FOOO 128

3. 403(b) Accounts. Employer contributions will be deposited into the NYSUTendorsed carrier's 403(b) account. The current endorsement (2004) is through INGLife Insurance and Annuity Company ("ING"). If the employee does not have anING 403(b) account, the Employer will deposit the employer contributions, in thename of the employee, into an ING account established in the employee's name.Agents from ING will be allowed reasonable access to the School District's facilitiesin order to assist the employees and District's representatives in fulfilling applicable403(b) legal requirements. Upon the request of the District, the ING agents willassist District's representatives in calculating the annual maximum allowable 403(b)contribution under the International Revenue Code, based upon salary and payrollinformation provided to the ING representative by the District.

4. Tier I Adjustments. Tier I members with membership dates prior to June 17, 1971,Employer Non-elective Contribution hereunder will be reported as non-regularcompensation to the New York State Teachers' Retirement System.

5. This agreement will be subject to IRS regulations and rulings. Should any portion bedeclared contrary to law, then such portion will not be deemed valid and subsisting,but all other portions will continue in full force and effect. As to those portionsdeclared contrary to law, the Association and Employer will promptly meet and alterthose portions in order to provide the same or similar benefit(s) which conform, asclosest as possible, to the original intent ofthe parties.

6. This agreement will further be subject to the approval of the 403(b) Provider, whichwill review the agreement solely as a matter of form and as the provider ofinvestment products designed to meet the requirements of Section 403(b) of theInternal Revenue Code. ING Life Insurance and Annuity Company (or the NYSUTendorsed provider) agrees to provide the Employer with the standard hold harmlessagreement where the Employer has selected ING (or the NYSUT endorsed provideras the provider of 403(b) accounts for receipt of Employer Non-electiveContributions.

7. Both the Employer and Employee are responsible for providing accurate informationto the 403(b) Provider. This information includes both Elective and Employer Non-Elective Contributions and the amount of the participants Includible Compensation.

Explanation for TRS Categories: Under Education Law Section 50/ (//)(0), the calculation of a pre-June 17, 1971 TRS Tier I member's last five yearsfinal average salary (upon which a member's life-time pension is, in part, calculated) includes any non-ordinary income (such as termination pay) whichis received as compensation prior to December 31"t of the year of retirement. Thus, such a member would benefit from receiving as compensation intheir final year of employment that portion of the Employer Non-elective contribution, which is in excess of the maximum Contribution Limits ofiRCSection 415.

The final average salary of all other members ofthe TRS (i.e .. all TRS members with a membership date on or after June 17, 1971), may not include anyform of Termination Pay, therefore, the Employer's post-retirement payment into the employee's 403(b) account ofthat portion of the Employer Non-elective Contribution, which is in excess of the maximum Contribution Limits of IRC Section 415 is more advantageous for those members.

36

UT 1D392639v6/C00279201FOOO 128