COLLECTIVE BARGAINING AGREEMENT

FOR

THE BROWARD TEACHERS UNION

AND

THE CITY OF PEMBROKE PINES

TABLE OF CONTENTS

Article One: Recognition

Article Two: Definitions

Article Three: Union Rights

Article Four: Non-discrimination

Article Five: Labor Management Cooperation and Collaboration

Article Six: Probationary Period

Article Seven: Discharge and Discipline

Article Eight: Grievance Procedure

Article Nine: Protection of Employees

Article Ten: Evaluation

Article Eleven: Access to Official Personnel Files

Article Twelve: Promotions and Vacancies

Article Thirteen: Transfers

Article Fourteen: Layoff, Recall and Re-employment Rights

Article Fifteen: Duty Hours and Work Year

Article Sixteen: Conditions of Employment

Article Seventeen: Leaves and Absences

Article Eighteen: Holidays and Vacations

Article Nineteen: Benefits

Article Twenty: Salary

Article Twenty-One: Reimbursement for Travel

Article Twenty-Two: Savings Clause

Article Twenty-Three: Interns/Student Teachers

Article Twenty-Four: Duration

Article Twenty-Five: Management Rights

Article Twenty-Six: Signature Page

Appendix A: Salary Schedule

Appendix B: Supplemental Pay Schedule

Appendix C: Memorandum of Understanding

ARTICLE ONE

RECOGNITION

A. This agreement (the “Agreement”) has been entered into between the Broward Teachers Union, Local 1975, AFT, NEA, FEA, AFL-CIO (hereinafter referred to as the “Union”) and the City of Pembroke Pines, (hereinafter referred to as the “Employer”, “City”, or “Schools”) and shall apply to only those employees described in the Recognition provision of this Agreement. The Employer recognizes the Union as the sole and exclusive bargaining agent with respect to rates of pay, hours of work, or other conditions of employment for all employees employed at the City of Pembroke Pines Charter schools as follows:

Included: All full-time and part-time instructional staff, including teachers, behavior specialists, ESE specialists, guidance counselors, library coordinators, media specialists, occupational therapists, resource teachers, speech therapists, and all other certified instructional staff.

Excluded: All other employees including supervisory employees, all managerial/confidential employees, superintendents, deputy superintendents, assistant superintendents, principals, assistant principals, deans, full-time directors, associate directors, and consultants.

The foregoing delineation of the bargaining unit reflects the designation of a bargaining unit by the Public Employee’s Relations Commission, PERC Order Number 0E-235. Neither party to this Agreement is barred from seeking unit clarification of the bargaining unit.

ARTICLE TWO

DEFINITIONS

A. “BTU Officer” – The President, Vice-Presidents, and Secretary-Treasurer of the Broward Teachers Union.

B. “City” – The City of Pembroke Pines and/or its duly authorized representatives.

C. “Employer” – The City of Pembroke Pines.

D. “Employee” – An employee in the bargaining unit as defined and certified by the Public Employee Relations Commission. The terms teacher, bargaining unit member, and employee shall have the same meaning.

E. “City Manager” – The City Manager of the City of Pembroke Pines.

F. “Representative” - A person designated by the BTU, who is not employed by the City or who is employed but who is on leave.

G. “School System” – The partnered, concerted or other charter schools operated and/or approved by the City of Pembroke Pines.

H. “Seniority” – Seniority shall be defined as the total length of continuous service with the Employer and shall date from the effective date of employment. Time off for authorized leaves shall not be considered as an interruption in continuous service.

I. “Steward” – A designated representative of the Broward Teachers Union who is also an employee of the Charter Schools.

J. “Union” or “BTU” – The Broward Teachers Union.

ARTICLE THREE

UNION RIGHTS

A. Union Access Rights: BTU representatives and Stewards shall have the right to use the school buildings at all reasonable hours including before and after school, during lunch, for the purpose of meeting with members of the bargaining unit and for professional development workshops, so long as such access does not interfere with the instructional program or operations of the schools or after school conferences or programs. Representatives shall provide customary notice of their presence in a school. Representatives shall give 48 hours notice of any request to use school facilities. Nothing herein prohibits the BTU and the City from coordinating additional conferences between the BTU, its representatives and Stewards and BTU members.

B. Payroll Deduction: The Union shall provide the City with a current schedule of Union dues. The City shall apply the dues schedule provided by the Union. Upon receipt of written authorization from an employee, the City agrees to deduct the regular Union dues of such employee from each paycheck and remit such deduction to the Union once monthly. The Union will notify the City in writing, at least thirty (30) days prior to any change in the amount of regular dues deduction. An employee may, upon thirty (30) days’ written notice to the City and the Union, revoke his/her dues deduction. Notice to the City alone shall not be sufficient. The Union will indemnify and hold harmless the City and each officer and administrator of the City against all claims, costs, suits, or other forms of liability, and all court costs arising out of the application of the provision of this agreement related to payroll deductions.

C. Other Deductions: Upon appropriate written authorization from the employee, the City shall deduct from the salary of any employee and make appropriate remittance for any union-sponsored service, including but not limited to insurance, COPE, annuities, and other investment programs. Such deductions shall be made either before tax or after tax as appropriate to the program, provided the employee, and not the City or the Union, is legally responsible for the tax liability of the deduction. In addition, the union shall have access to employees for purposes of enrolling employees in union-sponsored economic service programs.

D. Computer Data: The City agrees to provide BTU with electronically stored dues deduction computer information and to transfer data for members of the bargaining unit, as requested by BTU, including but not limited to dues deduction, transfer data, name, home address, home and work phone numbers and extensions, work e-mail address, and schedule of classes, unless the production of the information is prohibited by law.

E. An employee shall have the right to join or not join the Union, to engage in lawful concerted activity for the purpose of collective bargaining or other mutual aid or protection, to express or communicate any view, grievance, complaint or opinion relating to conditions of employment or compensation, through duly appointed Union representation, all actions to be free from any and all restraint, coercion, discrimination or reprisal.

F. A Representative/Steward shall be permitted during working hours to accompany a fellow employee in any of the following circumstances, as well as meet with the employee 15 minutes prior to the commencement of any of the events listed below:

a. The employee is required to appear at a hearing related to a grievance.

b. The employee is presenting or responding to a grievance.

c. The employee is subject to inquiry or questioning in conjunction with an investigation.

d. The employee is attending a pre-determination hearing.

e. The employee has a reasonable expectation that a meeting that he or she is required to attend with a supervisor could result in disciplinary action.

G. The City Manager shall be immediately notified in writing of changes of appointed Stewards.

H. Leave Days: The BTU will be provided 100 days per school year for use to provide employees in the bargaining unit with paid days off, as selected by BTU. No single unit member selected by BTU may use more than ten (10) days per school year. No unit member can utilize more than three consecutive leave days at a time. BTU shall pay the cost of the substitute, if utilized, for each leave day used. Such leave will be utilized for union educational conferences, conventions, training and other events. The above time limits may be extended by mutual agreement.

I. Posting of Notices: The BTU shall have the right to post activities and matters of BTU concern on such bulletin boards for BTU’s exclusive use in the mailroom and/or copy room to be displayed in a prominent area. Notices endorsing any national, state, or local political candidate shall be prohibited. The BTU shall have the right to place materials in the employees’ mailboxes and to maintain a locked suggestion box.

J. Electronic Mail: BTU representatives shall have the right to communicate through electronic mail any matters concerning union business. Members of the bargaining unit shall have the right to communicate with the BTU using the City of Pembroke Pines internal electronic and inter-school mail system, so long as such use does not interfere with direct student instruction and is done either before or after school or during lunch or planning hours. BTU acknowledges that the City has the right to monitor all employee email on the City e-mail system and that such monitoring does not constitute surveillance of the BTU or its members.

K. Reports at Faculty Meetings: The Union steward(s) shall, upon notice to the Principal, be given an opportunity at each building’s faculty meeting to present brief reports and announcements not to exceed five (5) minutes.

L. Release Time for Union Meetings: Union stewards and members of the BTU Executive board may be released no earlier than 3:00 p.m. to attend monthly meetings when the meeting is outside of the City of Pembroke Pines.

ARTICLE FOUR

NON-DISCRIMINATION

A. Neither the Employer nor the Union shall discriminate against any employee based upon the employee's age, race, color, religion, creed, sex, sexual orientation, national origin, disability or veteran status or other protected category. Bargaining unit members are encouraged to report suspected acts of discrimination to the City.

ARTICLE FIVE

LABOR MANAGEMENT COOPERATION AND COLLABORATION

A. Labor/Management Meeting: The City Manager will meet at mutually coordinated dates, times and locations in September, November, January, March and May of each school year with BTU Stewards and Representatives to discuss and attempt to resolve Collective Bargaining Agreement issues and other mutually agreed upon matters of concern. Employees attending these meetings shall receive release time from the Employer with no loss of pay.

B. Union Labor Council: The Union has exclusive authority to form faculty councils, configured as the Union deems appropriate, to offer input and non-binding recommendations through a designated BTU spokesperson to a Principal concerning any matters pertaining to the operation of the educational program of the school. A council spokesperson may request and will be granted a meeting with a Principal at any time during the school year on a mutually agreeable date and time. Monthly council meetings and council elections shall be held during common planning time, provided they do not interfere with normal operation of the school and BTU gives the Principal five (5) days notice of the election or meeting.

ARTICLE SIX

PROBATIONARY PERIOD

A. Each employee shall be considered a probationary employee for the first one hundred and ninety six (196) work days of employment.

B. During the probationary period, the principal shall notify the employee in writing of the specific deficiencies, establish performance goals and timelines for their accomplishment, and provide adequate assistance for remediation of said deficiencies.

C. The final determination of successful or unsuccessful performance during the probationary period rest solely with the Employer. A decision to terminate an employee during the employee’s probationary period may be made without a statement of cause and is not subject to grievance or appeal.

ARTICLE SEVEN

DISCHARGE AND DISCIPLINE

A. Progressive Discipline: Any discipline of an employee shall be only for just cause. The parties agree that the concept of just cause embodies the principles of progressive discipline appropriate under the circumstances. Disciplinary procedures will normally employ the following progression to correct behavior:

a. written reprimand

b. suspension

c. termination

B. A record of a verbal counseling which is not discipline may be used to establish that an employee had notice that the act or omission which is the subject of the counseling is not consistent with school or City policy, but shall not be placed in the employee’s official personnel file.

C. Notice: Whenever it is alleged that an employee has violated any rule, regulation, or policy, discipline must be taken within ten (10) work days of the City’s determination that a violation has occurred. The union shall be simultaneously notified in writing of all disciplinary notices.

D. Right to Representation: Bargaining unit members shall be given written notice three (3) working days in advance of a scheduled conference for the purpose of taking disciplinary action. The notice shall contain the reason(s) for the conference and the right to have a BTU representative present. Bargaining unit members who have a reasonable expectation that disciplinary action may be taken as the result of a conference or investigatory meeting, or that such meeting or conference may lead to discipline, shall have the right to request a BTU representative. No action shall be taken with respect to the employee until such representative is present. It is the employee’s responsibility to secure a representative.

ARTICLE EIGHT

GRIEVANCE PROCEDURE

A. Definition of a Grievance: A grievance shall be defined as any dispute arising concerning the application or interpretation of this Agreement. A class grievance (general grievance) shall be defined as an issue of interpretation or application of the collective bargaining agreement the outcome of which will impact two or more employees within the bargaining unit.

B. Representation: The employee may be represented at all levels of a grievance by a Union Steward or representative. The grievant may also represent himself/herself.

C. Hearings: Hearings and meetings shall be scheduled by the Employer at mutually agreeable times and locations during the employee’s work day (with written notice to the union).

D. Effect of Time Limits: If a grievance is not processed by the grievant at any step in accordance with the time limits of this Article, it shall be deemed withdrawn. If the Employer fails to respond within the time limits, the grievance shall be deemed sustained and the action requested granted. All time limits and steps may be waived by mutual consent in a written agreement.

E. Grievance Procedure: Grievances shall be processed in accordance with the following procedure:

Step I

The aggrieved employee shall discuss the grievance with the immediate Principal within twenty (20) working days of the occurrence of the date the employee knew of the occurrence giving rise to the grievance. The Principal shall respond within five (5) working days from the date of the discussion. The employee may have a Union Representative present, if requested by the employee. BTU may waive Step One and proceed directly to Step Two.

Step II

If the grievance has not been satisfactorily resolved in Step One, the aggrieved employee and/or the Union may appeal the grievance in writing to the City Manager, or the Manager’s Designee, within five (5) working days after the immediate supervisor’s response is due. The grievance must contain a specific statement of the dispute. The City Manager shall respond in writing to the Union within five (5) working days from receipt of the grievance.

F. Each party shall be allowed one (1) extension of time, not to exceed five (5) working days. This extension can be used only once during the grievance. The other party must be notified of the requested extension before the expiration of the original time period. The BTU and City may mutually agree to any other extension of time, but all such agreements must be in writing.

G. All responses required in Steps 1 and 2 above shall be directed to the aggrieved employee with a copy furnished to the Union. In class grievances, copies will be directed to the Union only. When the City rejects a grievance, it shall state the specific grounds for the rejection.

H. Arbitration: If the decision of the City Manager/Designee has not satisfactorily resolved the grievance, the Union may request Arbitration, by making demand to the AAA or the FMCS for a arbitration panel list and by giving contemporaneous notice to the City Manager/Designee no later than fifteen (15) working days after the rendering of the decision, or the expiration of the time limit for rendering of the decision by the City Manager/Designee. Upon receipt of the Arbitration panel list, the City Manager/Designee or the President of the Union or the President’s representative, shall set in motion the necessary machinery to expedite an early hearing by the Arbitrator.

I. At the arbitration hearing, an aggrieved employee shall be accompanied by his/her Union representative.

J. BTU shall have the right to appear and be heard at any grievance or arbitration hearing to which it was not the moving party.

K. The parties shall bear equally the expenses connected with a hearing. Each party shall bear the expense of its own witnesses, representatives, attorneys, and all other individual expenses. Employees required to testify during working hours will be made available without loss of pay. Employees will be called in such a fashion so as to least disrupt the normal business of the schools. Where BTU declines representation of an employee because of non-membership, the employee may proceed to arbitration by paying all costs and fees associated with the arbitration. The arbitrator may require payment up front.

L. The Arbitrator shall render his decision no later than thirty (30) days after the conclusion of the final hearing or receipt of closing briefs if either party elects to file a brief. Such decision shall be final and binding. Copies of the award shall be furnished to both parties.

M. Selection: The Arbitrator shall be selected and shall conduct the arbitration proceedings in accordance with this Agreement and the labor rules established by the Federal Mediation and Conciliation Services (FMCS) or the American Arbitration Association (AAA), as selected by the union. The Arbitrator shall be a member of the National Academy of Arbitrators.

N. Powers: The Arbitration Award shall be in writing and shall set forth the Arbitrator’s opinion and conclusion on the issue submitted. The Arbitrator shall limit his decision to the application and interpretation of this Agreement, and the Arbitrator shall have no right to amend, modify, nullify, ignore or add, change or subtract from the provisions of this Agreement.

ARTICLE NINE

PROTECTION OF EMPLOYEES

A. Accident Prevention: The development of safe working conditions, practices, habits and thinking are the objectives of our School Safety Program. Reaching those objectives will result in benefits to all employees and to the School. Accidents, injuries, disabilities, damages, lost time and pay, claims and medical expenses, and improper and dangerous use of equipment are all occupational problems which will be improved by efforts of all employees.

B. All Principals, supervisors and employees must recognize their responsibilities for a successful safety program and will participate in the development, implementation and improvement of this program. Supervisors/Principals must have a continuing concern with all possible operational economics. Inadequate safety training and improper equipment handling and neglect can increase costs, cause accidents and reduce available manpower.

C. Accident Reporting: All employees must immediately report to their supervisor or Principal all injuries that occur on the job.

D. In the case of vehicular accidents that occur on the job, the appropriate law enforcement agency and the employee's supervisor shall be notified immediately. Employees are not to leave the scene of an accident occurring on the job until law enforcement arrives. In case of serious injury or fatality, the appropriate law enforcement agency and the employee's supervisor shall be notified immediately.

E. An employee may impose customary classroom discipline (except corporal punishment) when necessary in cases of minor infractions and may use such force as is necessary in protection from attack or to prevent injury to himself/herself or another person. The use of reasonable force necessary to isolate a disruptive student from the classroom shall not constitute corporal punishment and shall not be used as the basis for the discipline of an employee.

F. No employee shall be required to restrain a student unless they have first received training from certified instructors in appropriate methods of restraint. An employee shall not be disciplined or reprimanded for actions taken while searching or restraining a student if they have been directed by a supervisor to conduct those activities or for actions taken while breaking up a fight, if such actions are in accordance with the policies and procedures on which the employee was trained.

G. An employee may use reasonable force to defend himself/herself, the property of the Employer, personal property, or the safety of students without fear of disciplinary action.

H. A student who assaults an employee shall face the most severe consequences allowed. The Employer shall assist an employee who has been assaulted when the employee files a report with the police and actively pursues criminal charges against the student.

I. The School will provide safety equipment and safety devices for employees engaged in work where such special equipment and devices are necessary. Such equipment and devices where provided must be used.

J. The City shall do everything within its legal power to protect and support the employees in their disciplinary role.

K. Discipline shall be handled as outlined in the Charter School Discipline Plan or in Florida Statute Section 1003.32 or the SBBC Policy 5006, when the Charter School Discipline Plan is not applicable. An employee may exclude a student from class when the grossness of the offense, the persistence of the misbehavior or disruptive effect of behavior makes the continued presence of the student in the classroom intolerable. Prior to such student being readmitted to the classroom, the principal or his/her designee to whom the student has been removed shall provide in writing to the employee a statement of the specific action taken and the consequences to the student if the incident recurs.

ARTICLE TEN

EVALUATION

A. Employee evaluations shall be conducted in accordance with Florida Performance Measurement System (FPMS) and the Instructional Performance Assessment System (IPAS)

B. Components and Procedures of the System

a. Responsibilities: The following persons, groups, departments, and offices are responsible for implementing components of the IPAS.

1. Principals: The principal implements IPAS activities at the school level. He or she is responsible for ensuring that each instructional employee is oriented and that the required assessment is completed. He or she may delegate some data collection activities to another administrator in the school.

b. Employee Orientation

1. Employee orientation is an essential component of the IPAS. The principal or designee conducts an orientation program at the beginning of each school year. Instructional personnel are advised of the following points:

a. Assessment criteria

b. Assessment forms

c. Assessment procedures and timelines

2. Each new employee is given a copy of the assessment form and the assessment criteria before September 15th or upon employment subsequent to September 15th.

c. Assessors

Formal assessment of employees under this system shall be conducted by the appropriate administrators charged with the responsibility.

d. Required Assessments

1. At least one (1) assessment of each employee will be conducted by the principal or his/her designee.

2. The IPAS is used with all bargaining unit personnel.

e. Data Collection

1. The following five (5) techniques are used to gather data on employee performance. Assessors use multiple techniques to understand actual performance and develop performance ratings:

2. Informal classroom observations: Informal observations are made periodically by the principal or designee. A follow-up conference is not required subsequent to an informal classroom observation if performance is deemed satisfactory.

3. Formal classroom observations: Formal observations are primarily initiated by the principal. Employees may, however, request a formal observation. These are not less than 30 minutes in duration and are conducted by the principal or his/her designee. The 30 minute time period may be shortened by mutual agreement between the principal and the affected employee. All observations of employees for the purpose of assessment shall be conducted openly with the full knowledge of the employee. A conference is conducted after each formal observation. The FPMS or other educationally sound observation instruments which may be used for formal observations.

4. Observations in non-classroom situations: Principals use opportunities outside the classroom to observe the performance of employees. A follow-up conference is not required subsequent to this type of observation if performance is deemed satisfactory.

5. Review of records and plans: Principals review a variety of work samples prepared by the employee. These may include lesson plans, reports, grade card comments, discipline referral documents, etc. In addition, specific records or plans may be requested for review. A follow-up conference is not required subsequent to a review of records or plans if performance is deemed satisfactory.

6. Review of performance portfolio: The principal or designee and the employee may mutually decide that a performance portfolio is needed to provide additional information for the completion of the assessment ratings. The design of a portfolio is determined by the principal and employee. A follow-up conference is not required subsequent to the submission of a performance portfolio if performance is deemed satisfactory.

f. Formal Observations

1. Prior to each formal assessment of personnel on first year probation, no fewer than one (1) observation in the classroom or equivalent work location, of no less than 30 minutes will be conducted by the principal, director or his/her designee during the first semester of the contract period. The 30 minute time period may be shortened by mutual agreement between the principal and the affected employee. All formal observations of employees for the purpose of assessment shall be conducted openly with the full knowledge of the affected employee. Any classroom observations or other factors which are used for assessment purposes shall be included on the formal assessment and discussed with the employee. No formal observations shall be conducted during the last week of the school year.

2. Principals and designee may use the FPMS structured observation instrument in formal observations.

a. Notification - Initial Observation of Probation Year Teachers:

For the first required observation of first year probation employees the assessor shall notify the employee in advance of the week in which the observation is to take place. However, employees who have completed the first year probationary period may receive no advance notification of observation.

b. Employee Requested Follow-up Observation:

The employee may request a follow-up formal observation. Such observation shall be conducted not less than ten (10) working days from the date of the request and shall be at least thirty (30) minutes in length, unless the affected employee and principal mutually agree to a shorter time period. Such observations shall be discussed and incorporated into the assessment process in accordance with this section, if requested prior to the final assessment conference.

g. Conferences

Conferences are used to communicate the results of data collection activities and the completion of the assessment form. Assessors are encouraged to give feedback to employees on a regular and frequent basis through formal and informal conferences. Feedback includes recommendations for individual professional development and performance improvement.

1. Post Observation Conference: Not later than ten (10) working days after each observation and prior to completion of the assessment form, the assessor shall meet with the employee to discuss the intended written, formal assessment.

2. Employee Requested Follow-up Conference: Upon request of the employee, the assessor shall schedule a follow-up conference at which the employee may be represented. Any change in the assessment as a result of this conference shall be initialed or signed by the assessor and employee and the final assessment shall be treated in a manner consistent with this section.

3. Annual Assessment Conference: A conference is conducted with each employee to review the annual assessment form. After such discussion and upon completion of the formal assessment, the assessor and the employee shall sign the assessment form, with a copy to the employee before it is placed in the employee’s personnel file. Such signature by the employee only acknowledges that the report has been read and does not necessarily indicate agreement with its contents. No employee shall be required to sign a blank or incomplete assessment form. The employee will be provided a copy of the signed assessment form within ten (10) working days following the discussion. No assessments and final assessment conferences shall be conducted during the last week of the school year.

4. Refusal To Sign Documents: An employee's refusal to sign evaluation forms and any disciplinary action forms that may be required/generated under the provisions of this article, shall not constitute any ground for insubordination or for other action against the employee, when such signature is for the purpose of acknowledging that the document has been read and does not necessarily indicate agreement with its contents. A notation of such a refusal event may be placed on the document.

h. Assessment Form

1. The assessment form is used to document performance ratings. It is used for all instructional personnel. The form is completed by the assessor and signed by the employee. The employee’s signature indicates only that he/she has read the form and does not necessarily indicate agreement with its content.

2. Assessment forms will include the period of assessment and the date or dates of formal observations.

3. The final assessment form and any attachments thereto become the complete documentary record of the employee’s performance during the particular performance period.

i. Assessment Criteria

Specific assessment criteria are defined in each of the following areas:

j. Rating Scales - Two rating scales are used for the IPAS as indicated below:

1. Rating Scale for Assessment Criteria

a. Satisfactory

b. Needs Improvement: Use of this rating requires written documentation and the implementation of a Performance Development Plan.

c. Unsatisfactory: Use of this rating requires written documentation and implementation of a Performance Development Plan.

2. Rating Scale for Overall Performance

a. Satisfactory

b. Needs Improvement: This rating is used only when the performance of a first year probationary employee needs improvement for one or more of the assessment criteria following the implementation of a Performance Development Plan. For purposes of successfully passing probation, a Needs Improvement rating shall have the same effect as a Satisfactory rating.

c. Unsatisfactory - Decision rule:

This rating is used only when the performance of the employee remains at an unsatisfactory level for one or more of the assessment criteria following the implementation of a Performance Development Plan. The principal notifies the City Manager when this rating is used.

k. Professional Educator Development:

1. This component provides instructional personnel opportunities to work individually or participate as a member of a team and focus on the improvement of instructional practices and school improvement.

2. This component is available to all employees. Employees may elect to participate in the activities described below.

a. Work individually or together to devise a plan that includes:

- objectives directed at school improvement consistent with the school’s strategic plan,

- objectives directed at the development of team members,

- development or improvement of advanced pedagogical skills,

- strategies for addressing each objective,

a timeline, and

- a description of final product(s).

b. Coordinate their activities

c. Meet individually or as a team with the principal or designee at least three times.

d. Create a final product consistent with objectives.

l. Performance Development Plans

1. When a rating of Needs Improvement or Unsatisfactory is used, a Performance Development Plan is developed by the principal in collaboration with the employee.

2. Use and implementation of this plan requires:

a. identification of deficiencies,

b. definition of strategies for improvement,

c. definition of an assistance timeline,

d. definition of expected outcomes,

e. definition of possible consequences for failure to remediate,

f. multiple formal observations and conferences,

g. completion of assistance activities, and

h. documentation.

3. These plans should be implemented during the first semester whenever possible.

4. When the overall performance of an employee is determined to be Unsatisfactory on the final assessment, the City Manager is notified.

m. Use of Data

Assessment data are used to develop ratings which are recorded on the assessment form. The forms become part of the employee’s personnel file. Data are used in decision-making for personnel selection, training, promotion, placement, and other matters consistent with City policy.

n. Parental and Employee Input

Within thirty (30) days after the start of each school year, parents shall be notified in writing by each school’s administration of their right to provide input into employee performance assessments when appropriate in accordance with F.S. 1012.34. As provided by statute, within thirty (30) days after the start of each school year, employees shall be notified in writing of their right to provide input into their administrator’s annual performance assessments.

ARTICLE ELEVEN

ACCESS TO OFFICIAL PERSONNEL FILES

A. Personnel files shall be maintained at the City’s Human Resources Department and are open for access as set forth in Section 1012.31, Florida Statutes.

B. Access: An employee shall have the right upon request and by appointment to review the contents of his/her personnel file(s) wherever maintained except information supplied by reference sources. Appointments shall be set during the employee’s scheduled working hours. Each employee shall have the right, upon request, to review and reproduce any contents of his/her personnel file at no charge. A representative of BTU may, at the request of the employee, accompany the employee in such reviews and may, upon written authorization by the employee, review and reproduce any contents of an employee’s personnel file. The review or reproduction of the contents of an employee’s personnel file shall be made in the presence of the record custodian or designee.

C. Notice: A copy of any item placed in the employee’s official personnel file shall forthwith be provided to the employee. In addition, items challenged under the provisions of the grievance procedure may not be placed in the employee’s file until the grievance has been resolved pursuant to the provisions of the grievance procedure of this contract. The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. When an employee refuses to sign an item a notation shall be placed indicating the employee was asked to sign but refused. Such refusal is not grounds for disciplinary action.

ARTICLE TWELVE

PROMOTIONS AND VACANCIES

A. Posting and Selection: When the City determines that it is necessary to fill a vacancy the vacancy shall be posted on the Charter School’s web site. All vacancy notices shall be posted at least seven (7) workdays before the deadline for filing applications. Contemporaneously with the web posting of a vacancy, the City shall email a copy of the posting to the Union Stewards. The Stewards, at their discretion, may place a copy of the posting on the Union bulletin board. The applicant must be qualified for the position, and shall confirm the qualifications for the position.

B. Department/Grade Chairs: The bargaining unit members in each school shall meet not later than May 1^st of each school year to recommend to the Principal the name of a unit member to serve as the department/grade chairperson.

ARTICLE THIRTEEN

TRANSFERS AND REASSIGNMENTS

A. Employees with regular full-time status may request a lateral transfer to another school provided there is a vacancy. Such request shall be made in writing to Human Resources with a copy to the employee’s supervisor.

B. When considering transfer requests, the Principal, before filling the vacancy shall consider the certification, education, prior work and experience, previous performance evaluations, and previous disciplinary records for the past two (2) years of all candidates for the position. If these criteria are relatively equally satisfied by two (2) or more persons, the transfer will be awarded first to a current employee. If the Principal's choice is only between two or more equally qualified current employees, the employee with the most seniority shall be offered the position.

C. Involuntary Transfers: Involuntary transfers will be made with the approval of the City Manager when a reduction in the number of employees in a school is necessary, or to prevent disruption of the instructional program. Involuntary transfers should be done in reverse order of seniority within each job classification.

D. Assignment: All decisions regarding assignment shall be made at the discretion of the Principal of each school. A decision regarding assignment will not be arbitrary or capricious. Employees shall be tentatively assigned to the same subject area and /or grade level for the forthcoming semester that they held during the previous semester, unless the employee is notified otherwise of a new tentative assignment prior to the final day of the school year. When a change of assignment occurs after the last day of the school year, the Principal will, at the request of the employee, articulate the change of circumstances that precipitated the change of assignment. Employees will be notified of actual assignments as soon as possible following the Principal’s decision.

E. Reassignment: A reassignment is defined as a change in grade level or subject assignment. Involuntary reassignments shall be made at the discretion of the principal provided the exercise of authority is not arbitrary or capricious. The principal shall advise the employee through a personal interview that the reassignment is being implemented and the reasons therefore at least two weeks in advance of the reassignment. Employees receiving an involuntary reassignment or change of classroom during the school year shall receive as much advance notice as possible and the Principal shall assign school personnel to assist the teacher in the move or transfer.

ARTICLE FOURTEEN

LAYOFF, RECALL AND RIGHTS

A. Layoff: Layoff is the separation of an employee for lack of work or funds as determined by the City, without fault or delinquency on the employee’s part. The City agrees to provide the Union with a list of names of the employee’s being laid off and such notice shall be sent at the same time that it is issued to the employees so affected.

B. Employees to be laid off shall be notified as soon as possible after the decision for layoff has been made. In no event shall the City give the employees less than thirty (30) calendar days’ written notice.

C. Employees shall be laid off in accordance with seniority.

D. In the event of a layoff, employees will be allowed to bump to a position for which they are certified. Employees may displace another employee who has less seniority, provided the employee is competent to handle all of the responsibilities of the classification.

E. Recall: Employees will be recalled to a subject area/program for which they hold certification in reverse order of layoff when a vacancy occurs.

F. Each employee on layoff shall be required to provide the district Personnel Office in writing with a current address to which a letter of recall may be sent.

G. If a recall opportunity exists, a letter shall be mailed to the employee, certified mail, return receipt requested. If the letter is mailed to the address provided by the employee and is returned to the City because the address is incorrect, the City has fulfilled the obligations of this sub-section.

F. An employee offered a recall opportunity must notify the City in writing of his/her decision within five (5) days of receipt of the City offer.

H. An employee who has been laid off shall maintain recall rights for twenty-four (24) months from the date of layoff or until he/she refuses a recall opportunity, fails to respond to a recall letter, submits a resignation, or accepts employment in another school district, whichever is less.

ARTICLE FIFTEEN

DUTY HOURS AND WORK YEAR

A. The scheduled work year for 10-month contracts shall follow the Broward County Schools Calendar and consists of 196 days, including 10 planning days, and six (6) paid holidays. No extension of the work year shall be permitted by advancing the beginning date, extending the closing date, adding to the number of workdays by altering holidays or vacation periods unless expressly provided for under the terms of this agreement.

B. The workday shall be seven and a half (7 1/2) hours including a thirty (30) minute duty-free lunch period.

C. Employees will receive one class period per day (high school-60 minutes; middle school-53 minutes; elementary school-40 minutes) for uninterrupted planning activity.

D. The parties agree to immediately commence bargaining for year two of the Agreement and to prioritize the issue of additional uninterrupted planning time when they reopen negotiations on salary and other issues. The parties mutually commit to resolve the issue of additional uninterrupted planning time before the commencement of the 2007-2008 school year and any agreement reached may be implemented by a Memorandum of Understanding. If no agreement is reached and either party declares impasse, the City and BTU agree to waive the appointment of a Special Magistrate and submit all impasse reopener issues directly to the City Commission for resolution as soon as City Commission meeting notice requirements allow.

E. D. High School and Middle School: There shall be no mandatory meetings on planning days when grades are due and on at least 15 hours (in at least 1/2 day blocks) during the pre-planning days prior to the opening of school.

F. E. Elementary School: There shall be no mandatory meetings on half of each planning day when grades are due and on at least 15 hours (in at least 1/2 day blocks) during the preplanning days prior to the opening of school.

F. Teachers shall be allowed to exchange a planning day scheduled on the calendar by attending planning on a non-scheduled day with the approval of the principal.

G. Professional Development: The Employer and the Union mutually recognize the need for ongoing, high-quality professional development. For this reason and to achieve this goal, the Employer and the Union agree to develop and implement joint professional development programs.

H. Volunteerism: Employees may volunteer time to support educational programs for the schools outside their work hours, but employees may not be required or coerced to volunteer additional time except as otherwise provided in this agreement. Except for an activity scheduled after work hours on one work day each year (i.e. back to school night, etc.), teachers who are required to work outside their work day shall be compensated at their professional rate or shall be provided a substitute for an equivalent number of hours on a day of their choosing.

ARTICLE SIXTEEN

CONDITIONS OF EMPLOYMENT

A. An adequate supply of instructional materials as well as administrative support shall be available to all instructional staff. An employee may not be held accountable for failure to perform if they are not provided with supplies and materials necessary to perform their job assignment. Employees shall not be charged for missing textbooks, teachers’ editions, supplies, classroom equipment or lab equipment. No deductions shall be made from any employee’s paycheck for the above items.

B. The City shall observe the class size maximums contained in the Florida Constitution.

C. A clear line of authority and reporting shall be established and communicated to employees at the beginning of each school year.

D. No employee, while acting as an agent of the school, shall transport any student, except the employee's child, in his/her personal vehicle.

E. Employees shall be paid bi-weekly in equal payments for the entire fiscal year. Summer checks will be distributed at one time no later than the first pay period in July.

F. Employees shall not be required to regularly submit lessons plans, however, any time the principal does request lesson plans, the employee shall submit the plans. The primary purpose of the lesson plan is to guide instruction. The format for daily lesson plans should provide ease of use by the teacher or substitute and should not be unreasonably complex. Documentation of the incorporation of Sunshine State Standards and teaching strategies required by law, board policy or regulation are part of daily lesson plans. Lesson plans will not require the verbatim duplication of information clearly available by reference elsewhere.

ARTICLE SEVENTEEN

LEAVES AND ABSENCES

A. Sick Leave:

1. Eligible employees will be given three (3) sick leave days and will accrue one (1) day per month up to ten (10) days per year. These will be reflected in each paycheck. Sick leave benefits are calculated on the basis of a “School Year,” September through June, the ten (10) months period that begins when the employee starts to earn sick leave benefits. Sick leave may carry over into the following school year. Once an employee reaches thirty (30) days, they will bank those days for future use, and an employee must cash in any sick leave days over thirty (30) days at the end of each school year at their current rate of pay.

2. Paid sick leave can be used in minimum increments of one (1) hour. Sick leave may be used for an employees own illness or injury or that of a family member who resides in the employee’s household.

3. Employees who are unable to report to work due to illness or injury should notify the designated sub-coordinator before the scheduled start of their workday if possible. The sub-coordinator must also be contacted on each additional day of absence. The school shall be responsible for securing a substitute if needed.

4. If an employee is absent for five (5) consecutive days due to illness or injury, a physician’s statement may be requested verifying the disability and its beginning and expected ending date. Before returning to work from a sick leave absence of five (5) calendar days or more, an employee may be required to provide a physician’s verification that he or she may safely return to work.

5. As an additional condition of eligibility for sick leave benefits, an employee on an extended absence must apply for any other available compensation and benefits, such as workers’ compensation.

6. Sick leave benefits are intended solely to provide income protection in the event of illness or injury and may not be used for any other absence.

7. An employee may use up to four (4) sick days as personal paid leave days per year.

B. Medical Leave:

1. Regular full-time employees are eligible to request medical leave. Eligible employees may request medical leave only after having completed an initial ninety (90) calendar days of service. Exceptions to the service requirement will be considered to accommodate disabilities.

2. Eligible employees should make request for medical leave to the Principal at least thirty (30) days in advance of foreseeable events and as soon as possible for unforeseeable events.

3. A health care provider’s statement must be submitted verifying the need for medical leave and its beginning and expected ending dates. Any material changes in this information should be promptly reported to the Schools. Employees returning from medical leave must submit a health care provider’s verification of their fitness to return to work.

4. Eligible employees are normally granted leave for the period of the disability, up to a maximum of twelve (12) weeks within any twelve (12) month period. If the initial period of approved absence proves insufficient, consideration will be given to a request for an extension. Employees will be required to first use any accrued paid leave time before taking unpaid medical leave.

5. Employees who sustain work-related injuries are eligible for a medical leave of absence for the period of disability.

6. The School will continue to provide health insurance benefits as required by the Federal Family and Medical Leave Act. FMLA leave shall begin to accrue when an employee is absent from work resulting from a work related injury and worker’s compensation is being paid.

7. Benefit accrual, such as vacation, sick leave, or holiday benefits, will be suspended during the leave and will resume upon return to active employment.

8. So that an employee’s return to work can be properly scheduled, an employee on medical leave is requested to provide the School with at least two (2) weeks advance notice of the date the employee intends to return to work. When a medical leave ends, the employee will be reinstated to the same position, if it is available, or to an equivalent position for which the employee is qualified.

9. If an employee fails to report to work promptly at the end of the medical leave, the School will assume that the employee has resigned.

C. Bereavement Leave: Employees who wish to take time off due to the death of an immediate family member or significant other should notify their designated building level secretary immediately. Up to three (3) days of paid bereavement shall be granted upon approval of the Principal. Bereavement Leave shall not be charged to vacation or sick leave. Leave will be provided to eligible regular full-time employees. For exigent circumstances, as determined by the City Manager, up to two additional days may be granted.

D. Court Leave:

1. An employee summoned as a witness or for jury duty during normal working hours shall receive regular pay for the hours he or she attends court during the normal work schedule. An employee attending court in a matter in which the employee is a party (i.e. the employee is plaintiff or a defendant) is not eligible for paid leave.

2. Employees who attend court for only a portion of the regular school day are expected to immediately report to their supervisor when excused or released by the court.

3. Employees who attend court on their day off do not receive an extra day off.

4. In the event a holiday occurs during the period of an employee’s jury duty, he/she shall receive pay for the holiday.

5. All witness fees or jury compensation received by the employee shall be turned over to the School for those days paid by the City.

E. Conference Leave: The Principal may grant conference leave with pay together with the necessary travel expenses for employees to attend conferences, schools, and similar events designed to improve efficiency and if considered to be in the best interest of the School. All leave and expenses will be recommended by the Principal and subject to prior approval of the City Manager.

F. Leave without Pay: Employees shall be granted, upon request, a leave of absence for a period in excess of thirty (30) calendar days. In each case the School shall make a reasonable effort to return the employee to his/her former position or a similar position in another School. All Schools are required to adhere to the following practices:

1. Principals must submit personnel action forms placing employees on a leave of absence for any period of leave without pay which extends thirty (30) consecutive calendar days or longer. The leave of absence will be effective beginning with the first day of absence. Leave without pay includes excused absences for sickness or injury without accumulated sick leave time and other excused absences without pay.

2. Leave without pay for thirty (30) calendar days or longer in a calendar year will result in a corresponding adjustment of the employee’s anniversary date.

3. An employee granted a leave of absence must keep the School informed every ninety (90) calendar days of his/her current status. In addition, the employee must keep the School advised of his/her current address at all times. An employee who fails to comply with this procedure will be dropped from leave of absence status in which case he/she must return to duty or be dismissed.

4. An employee who attains either part-time or full-time employment elsewhere while on an authorized leave of absence is required to notify his/her Principal in writing within three (3) working days of accepting such employment. Failure to comply with this procedure will result in the employee being dropped from leave of absence status in which case he/she must return to duty.

5. Any employee granted a leave of absence shall contact his/her Principal at least fourteen (14) calendar days prior to expiration of the approved leave in order to facilitate the reinstatement process.

6. Failure to return to work at the expiration of the approved leave shall be considered as absence without permission and grounds for dismissal.

7. No sick leave or annual leave will be earned by an employee for the time that the employee is on leave without pay.

8. Retirement credit may be maintained, provided the employee pays the full share of the premiums.

9. Group life and hospitalization insurance coverage may be continued for a maximum period of twelve (12) weeks while on authorized leave of absence, provided premium payments are kept current by the employee.

a. A maximum delinquency period of sixty (60) calendar days will be permitted for payment of premiums. If a monthly premium is delinquent for over sixty (60) calendar days and payment is not made by cash or payroll deduction from the next applicable pay period, coverage will be canceled as of the beginning of the delinquent period, as permitted by law.

b. Where the employee will be out of town during an approved leave exceeding thirty (30) calendar days, payment arrangement must be made in advance so that the premiums are kept current.

c. If any coverage is canceled during an approved leave of absence, it will be reinstated upon return to active duty, at the employee’s expense, as permitted by law.

G. Disability Leave: Any employee in the School service who sustains a service connected disability shall be entitled to benefits as set forth below. The following is an explanation of the terms used in connection with service connected disabilities.

1. Date of Disability: The date on which disability began or the last day of duty thereafter, whichever is later.

2. Disability: A temporary physical condition, which is service connected and prevents an employee from performing his/her regular or specially assigned duties. Disability does not include any condition which is self-inflicted or caused by another person for reasons personal to the employee and not because of his/her employment.

3. Disability Date Salary: The salary an employee was being paid on the date of the disability.

4. Service Connected Disability: Any disability arising out of employment in the School service.

5. Disability Determination: Determination of the existence and service connection of a disability shall be made in accordance with the Florida Statutes – Workers’ Compensation Act (as amended). This Act provides that the employer is responsible for furnishing employees who have incurred service connected disabilities with such remedial treatment, care and attention under the direction and supervision of a qualified physician or surgeon. Disability determination shall be based on:

- All facts in the service history of the case.

- The findings of the physician, surgeon or practitioner who has treated or consulted in the treatment of the employee.

- Such evidence as the employee at his/her own expense may submit of the service connection of his/her disability.

- Other relevant evidence submitted to the medical examiner.

H. FMLA Leave: The Employer will comply with all provisions of the Family and Medial Leave Act (FMLA) as applicable. Employees taking FMLA leave will be required to use, while on FMLA leave, all accrued and paid leave to the extent allowed by law, and such accrued and paid leave shall run concurrently with the employee’s FMLA leave. In calculating the twelve (12) month period within which an eligible employee may take FMLA leave, the Employer applies a rolling twelve (12) month period, measured backward from the time the employee takes FMLA leave.

I. Pay for Unused Sick Leave: Employees shall be paid for accumulated sick leave upon separation of employment due to retirement, resignation or disability.

J. Fitness for Duty: Employees of the Schools returning from an extended period of absence may be required to submit to a physical or psychological fitness for duty examination prior to returning to work, at the School’s expense, and as permitted by applicable State and Federal laws. The ultimate determination as to whether such an examination will be required is left to the City Manager.

ARTICLE EIGHTEEN

HOLIDAYS

A. All employees shall continue to have the same number of holidays as currently provided.

B. If a recognized holiday falls during an eligible employee’s paid absence (such as sick leave), holiday pay will be provided instead of the paid time off benefit that would otherwise have applied.

ARTICLE NINETEEN

BENEFITS

All bargaining unit economic benefits, salary schedule (Appendix A) and supplements in existence as of February 9, 2007 shall remain in existence

A. All bargaining unit economic benefits, salary schedule (Appendix A) and supplements (Appendix B), shall remain in existence unless mutually modified by the parties in writing.

ARTICLE TWENTY

SALARY

A. Salary: For the 2006-2007 fiscal year, the salary for full-time employees shall be no less than that provided on February 9, 2007. Re-opener negotiations for the second (2007-08) and third (2008-09) fiscal years shall begin within thirty (30) days following ratification of this Agreement for year two and by May 1, 2008 for year three.

B. A. Salary Schedule: The salary schedule contained in Appendix A shall be in effect for the 2006-07 2007-08 school year. Newly hired employees shall receive credit for all verified accredited teaching experience and shall be placed on the salary schedule at the appropriate step for that experience. Employees who worked one (1) day more than half of their assigned work calendar in a school year shall advance one (1) step on the salary schedule, the first day of each employee's subsequent work year calendar.

C. B. Covering Classes: Employees shall not be required to substitute for absent employees. Where substitutes cannot be obtained for an absent employee, temporary coverage will be worked out mutually by the principal and the affected employee. The principal shall establish a list of volunteers and shall rotate requests for coverage among those who volunteer. Employees who volunteer to increase their normal work load by covering the class of an absent employee when no substitute is available shall have their hourly rate increased by twenty-five (25) dollars during the period spent covering a class (rounded to the nearest half hour.) Employees who volunteer to increase their normal work load by accepting a portion of the students assigned to an absent employee in order to cover a class when no substitute is available shall have their daily rate increased by twenty-five (25) dollars on those days when they accept a portion of the students assigned to an absent employee. Classes will be proportioned as equally as possible. When volunteers substitute by covering other classes, they are responsible to provide adequate planning for their own classes for the following school day.

D. C. Underpayments: An employee shall be entitled to recover, without penalty to the City, funds due him by reason of errors in applicable regulations affecting pay. This shall be done in conjunction with the employee’s next paycheck whenever possible, but in no event shall the payment be made later than the second paycheck after discovery of the error.

E. D. Additional Teaching Load: Employees who agree to teach an additional class beyond their normal teaching load shall receive an amount equal to one sixth (1/6th) of their salary.

ARTICLE TWENTY-ONE

REIMBURSEMENT FOR TRAVEL AND EXPENSES

A. Employees who use their own vehicle for Employer business shall be reimbursed for parking, tolls, and mileage at the current federal mileage rate. Employees will be reimbursed monthly after submission of mileage log.

B. Employees traveling out of town for Employer business shall be reimbursed for receipted expenses pursuant to the City’s business expenditure reimbursement policy.

C. Reimbursements shall be made in the next pay cycle after submission of expenses or within a month if submitted during the summer break.

ARTICLE TWENTY-TWO

SAVINGS CLAUSE

A. This Agreement and all provisions herein are subject to all applicable laws. In the event that any provision of this Agreement is held to violate such laws, said provisions shall not bind either of the parties but the remainder of this Agreement shall remain in full force and effect as if the invalid provision had not been part of this Agreement. In the event of a conflict between the terms of this Agreement and any provision of the Charter School Handbook, the City's Personnel Policies or any City Resolution or Ordinance, the provisions of this Agreement control.

ARTICLE TWENTY-THREE

INTERNS/STUDENT TEACHERS

A. Employees supervising interns/student teachers shall be employees with three (3) or more years of experience. Except at the FSU school, acceptance of responsibility to supervise an intern/student teacher shall be voluntary.

ARTICLE TWENTY-FOUR

DURATION

A. This Agreement shall go into effect upon ratification and shall remain in effect to and including June 30, 2009 2010. Should the parties be unable to reach agreement prior to the expiration of this agreement, all articles of this agreement shall remain in full force and effect until a successor agreement can be reached.

B. Re-openers: For the second year 2008-09 2009-10 and third year 2009-10 2010-11 of this contract, either party is entitled to reopen the contract for the purpose of negotiating salaries, economic benefits, and insurance. Additionally, for the second and third years of the contract, each party may select up to three (3) additional articles each to negotiate. Negotiations to resolve said items may commence any time after May 1st of each year. Issues that remain unresolved through labor management discussions shall be included as part of negotiations.

C. All conditions and benefits of employment shall be maintained during the term of this Agreement at no less than the level in effect as of the effective date of this Agreement, provided that this Article shall not apply in regard to changes which are expressly provided for in this Agreement or result from the implementation of any procedure expressly set for in this Agreement. If a conflict occurs between existing School System or City policy and this Agreement, the provisions of this Agreement shall supersede those of School System or City policy.

D. The parties acknowledge that during the negotiations which preceded this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.

ARTICLE TWENTY-FIVE

MANAGEMENT RIGHTS

A. It is understood and agreed that the City possesses the right and responsibility to operate and manage all schools, departments and programs and to direct the work forces. The rights, powers, authority, and discretion necessary for the City to carry out these rights and responsibilities shall be limited only by the express terms of this Agreement and shall be exercised in a manner consistent with this Agreement and Florida Statutes. In matters not covered by this Agreement, the City shall have the exclusive right to make administrative decisions.

B. Consistent with this Agreement, the Management Rights shall include, but not be limited to, the following:

a. Determine the purpose and mission of the Pembroke Pines Charter Schools, and the department and agencies under its jurisdiction.

b. Set standards of service to be offered to the public.

c. Establish employee job descriptions.

d. Direct its employees and establish standards of performance and conduct, including the right to make reasonable rules and regulations for the purpose of efficiency, safe practices and discipline.

e. Introduce new, improved or different methods and techniques of operation or work procedure.

f. Relieve employees from duty because of lack of work, lack of funds, or for other legitimate reasons.

g. Take disciplinary action for just cause.

h. Hire, promote, transfer or assign employees.

i. Take whatever action may be necessary in unusual and emergency situations.

C. The parties acknowledge that during the negotiations which preceded this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. This Agreement, including its supplements and exhibits attached hereto, concludes all collective bargaining between the parties during the term hereof, and constitutes the sole, entire and existing agreement between the parties hereto, and supersedes all prior agreements, oral and written, expressed or implied, between the City and the BTU, and expresses all obligations and restrictions imposed upon each of the respective parties during its term.

ARTICLE TWENTY-SIX

TERM OF AGREEMENT

A. This agreement shall be effective as of July 1, 2007 and shall remain in effect through June 30, 2010.

Re-openers: For the second year (2008-2009) and third year (2009-2010) of this contract, either party is entitled to reopen the contract for the purpose of negotiating salaries, benefits, and insurance. Additionally, for the second and third years of the contract, each party may select up to three (3) additional articles each to negotiate. Negotiations to resolve said items may commence any time after May 1^st of each year.

B. Commencement of Negotiations: No later than May 1, 2010, either party may require, by written notice to the other, the commencement of negotiations for a successor agreement.

CITY of PEMBROKE PINES BROWARD TEACHERS UNION

_________________________________ ________________________________

Frank Ortis, Mayor Pat Santeramo, President

_________________________________ _________________________________

Charles Dodge, City Manager Jamie Daniels, Chief Negotiator

Charter School Salary Schedule 2007-2008 Appendix A
Step
1	$ 38,500
2	$ 38,675
3	$ 38,755
4	$ 38,825
5	$ 39,000
6	$ 39,350
7	$ 39,625
8	$ 40,500
9	$ 41,880
10	$ 43,000
11	$ 44,500
12	$ 45,500
13	$ 47,000
14	$ 48,396
15	$ 49,848
16	$ 51,343
17	$ 52,884
18	$ 54,470
19	$ 57,500
20	$ 70,000

Charter School Salary Schedule

2007-2008

(Appendix A Continued)

Years of Experience Step

0 1

1 2

2 3

3 4

4 5

5 6

6 7

7 8

8 9

9 10

10 11

11 12

12 13

13 14

14 15

15 16

16 17

17 18

18 19

19 20

20 and over 20

Beginning with the 2008-2009 school year all new hires shall be placed on the salary schedule in accordance with Appendix A.

APPENDIX B
SUPPLEMENTARY PAY SCHEDULE
DESCRIPTION
ADVANCED DEGREES
MASTER'S DEGREE	3,650
SPECIALIST DEGREE	6,800
DOCTOR'S DEGREE	8,000
BASIC INCENTIVE AWARD	2,000
ADVANCED INCENTIVE AWARD	2,700
BASIC INCENTIVE AWARD - 80%	1,600
EXTRA PERIODS - Step 1 - 20	1/6th of Base Pay
I. Department Chairperson
(156 per employee minimum 717)
A. Dept. Chair/Fine Arts/PE/Health	936
II. High School
A. Guidance Directors	3,298
B. General*
1. Yearbook (not part of class)	1,579
2. Newspaper (not part of class)	1,579
3. Student Government	1,579
4. Debate	1,185
5. Drama (per major production)	788
6. Newspaper (part of class)	788
7. Yearbook (part of class)	788
8. Literary Magazine	788
9. Senior Class Sponsor	788
10. Other Class Sponsor - Freshman, Sophomore, Junior	392
11. Club Sponsor	392
12. Forensics	1,076
13. Academic Games	1,185
14. Inservice Facilitator 0-50 units	521
51 & up (per unit $7.17)
maximum	1,043
15. Career Education	717
16. Bus Duty (Based on number of buses supervised) 1-6	359
7 to 12	717
above 12	1,076
17. Textbook Chairperson 1-700	717
(Based on student population of October FTE count) 701-1,400	1,076
1,401-above	1,434
18. Media Center Director (Directing two or more bargaining unit employees)	1,185
19. Sports for Athletics with Disabilities (4)	717
20. Academic Competition (1)	717
21. National Honor Society	1,185
22. Media Center Coordinator (Directing one or more employees)	359
23. Florida Future Educators of America	782
24. Urban Teacher Academy Mentor	750
25. BTP Chair	1,100
26. Parent Volunteer Coordinator	660
27. ESOL	900
28. BTP	300
29. Substitute Coordinator	1,249
30. Free and Reduced Food Program	682
31. Lunch Duty	770
32. Breakfast Duty	680
33. Master's degree - 80%	1,000
34. Bus PM Monitor	680
35. L and C Panel Manager	1,100
36. Coordinator	780
37. Graduation Coordinator	680
38. Student Information Coordinator	1,300
39. Student Activities Coordinator	2,750
40. Band Director	2,761
41. Vocal Director	2,152
42. Detention Monitor	100
43. Senior Class Transcript Coordinator	680
44. Class Sponsor - Junior	392
45. Class Sponsor - Senior	788
46. Before and After School Security	770
47. Hall Duty	680
C. Athletics*
1. Yearly Positions
a. Athletic Director (Boys & Girls)	4,490
b. Assistant Athletic Director (Boys & Girls)	2,169
c. Head Trainer (Boys & Girls)	2,604
d. Assistant Trainer (Boys & Girls)	1,735
NOTE: Trainer position may be divided into three (3) sport seasons, Fall -40%, Winter 30%, and Spring – 30%
e. Intramurals	1,076
2. Head Coaches
a. Head Football	3,038
b. Head Basketball (Boys' Team)	2,604
(Girls' Team)	2,604
c. Head Track (Boys' Team)	2,169
(Girls' Team)	2,169
d. Head Baseball	2,169
e. Head Softball	2,169
f. Head Soccer	2,169
g. Head Wrestling	2,169
h. Head Cheerleader	2,169
i. Head Tennis (Boys' Team)	1,302
(Girls' Team)	1,302
3. Head Coaches - Two (2) Teams
a. Head Cross-Country (Boys' & Girls' Team)	1,579
*When in excess of regular teaching load and recommended by the principal.
The selected teacher may receive this designated amount per sport, per season, with a maximum of three (3) sports:
b. Head Golf (Boys' & Girls' Team)	1,579
c. Head Drill Team	1,735
d. Head Volleyball (Varsity & J.V. Team)	2,366
e. Head Swimming (Boys' & Girls' Team)	2,761
f. Gymnastics (Boys' & Girls' Team)	1,579
g. Water Polo (Boys' & Girls' Team)	1,579
h. Cheerleader (Varsity & J.V.)	2,761
i. Girls Head Flag Football (Varsity & J.V. Teams)	2,366
j. Head Tennis (Boys & Girls Team)	1,579
4. Assistant Coaches
a. Assistant Football	2,169
b. Assistant Basketball	1,735
c. Assistant Wrestling	1,735
d. Assistant Cheerleader	1,302
e. Assistant Track	1,735
f. Assistant Swimming	1,302
g. Assistant Softball	1,302
h. Assistant Soccer	1,302
i. Assistant Baseball	1,302
5. If a school has only one (1) team in the following sports, the head coach's supplement would be as follows:
a. Swimming	1,973
b. Volleyball (Varsity)	1,579
c. Volleyball (J. V.)	1,185
d. Golf	1,185
e. Cross Country	1,185
f. Water Polo	1,185
g. Gymnastics	1,185
h. Girls’ Flag Football (Varsity)	1,579
i. Girls’ Flag Football (Junior Varsity)	1,185
D. Music*
1. Band Director	2,761
2. Vocal Director/Orchestra	2,152
3. Music Assistant	1,185
III. Middle School
A. Guidance Director	2,886
B. General*
1. Student Government	1,185
2. Academic Games	1,185
3. Junior Honor Society	392
4. Inservice Facilitator 0-50 units	521
51 & up - 7.17 per unit
maximum	1,043
5. Career Education	717
6. Bus Duty (Based on number of buses supervised) 1-6	358
7 to 12	717
above 12	1,076
7. Textbook Chairperson 1-700	717
(Based on student population of October FTE counts) 701 to 1,400	1,076
1,401-above	1,434
8. Media Center Director (Directing two [2] or more bargaining unit employees)	1,185
9. Sports for Athletics with Disabilities (4)	717
10. Media Center Coordinator (Directing one [1] or more employees)	358
11. Florida Future Educators of America	782
12. Sub Calling	937
13. Family Nite Chair	629
14. Student Council	1,185
15. Guidance Director	2,886
16. Newspaper	788
17. Yearbook	788
18. Clubs	392
19. Parent Volunteer Coordinator	660
20. Honor Society	392
21. BTP	605
22. Substitute Coordinator	908
23. Free and Reduced Food Program	682
24. Drama Club	629
25. L and C Panel Manager	1,100
26. Detention Monitor	1,020
27. TV Production	550
28. Technology chair	315
29. Builder's Club	275
C. Athletics*
1. Athletic Director	1,995
2. Cross-Country (Boys' & Girls' Team)	1,302
3. Wrestling	1,302
4. Tennis (Boys' & Girls' Team)	1,302
5. Softball (Boys' & Girls' Team)	1,302
6. Basketball (Boys' Team)	1,302
(Girls' Team)	1,302
7. Track (Boys' Team)	1,302
(Girls' Team)	1,302
8. Field Events	1,302
9. Swimming (Boys' & Girls' Team)	1,302
*When in excess of regular teaching load and recommended by the principal.
(4) The selected teacher may receive this designated amount per sport, per season, with a maximum of three (3) sports.
10. Volleyball (Boys' Team)	1,302
(Girls' Team)	1,302
11. Gymnastics (Girls' Team)	1,302
12. Soccer	1,302
13. Cheerleaders (Head)	1,302
14. Intramurals	1,302
D. Music*
Music Director	1,185
1. Band or Orchestra	1,185
2. Vocal Director	1,185
3. Music Assistant	788
E. Academic Competition (1)	717
F. The principal may recommend additional task assignments to the City Manager for approval which will improve the school's program and/or operations, and will fall in this range. Supplements may be divided by employees provided that the amount of time required for the position is divided proportionately.	355-717
IV. Elementary School
A. General*
1. Safety Patrol	359
2. Inservice Facilitator 0-50 units	521
51 and up- 7.17 per unit
maximum	1,043
3. Career Education	430
4. Bus Duty 1-6	359
7 to 12	717
above 12	1,075
5. Textbook Chairperson 1-700	717
(Based on student population as of October FTE count) 701 to 1,400	1,075
1,401 - up	1,434
6. Sports for Athletics with Disabilities (4)	717
7. Environmental/Science Coordinator	458
8. Academic Competition (1)	717
9. Media Center Coordinator (Directing one [1] or more employees)	359
10. Sub Calling	937
11. Family Nite Chair	629
12. Student Council	629
13. Kindergarten thru 5th Grade Chairperson	717
14. Dept. Head/Fine Arts/PE/Health	717
15. Yearbook	788
16. Clubs	392
17. Parent Volunteer Coordinator	660
18. Department Chair	717
19. Test Chair	1,650
20. Substitute Coordinator	908
21. Free and Reduced Food Program	682
22. Bus/PM Monitor	717
23. ESE Paperwork	550
24. Lottery	165
25. Detention Monitor - 1 Hour/2days	680
26. K-Kids	275
27. WEE Deliver	275
28. Technology Chair	315
V. Special**
A. School Social Worker	2,835
B. Psychologists	3,815
C. Intervention Team Leader	2,521
D. Instructional Coach (if 2nd beginning teacher, additional $550)	1,161
E. School Liaison	638
F. Professional Development Network	652
G. ESE District & Area Monitor/Specialist	1,174
H. ROTC:
1. Instructor in Charge	1,305
2. Instructor Responsible for Equipment	652
I. Broward School Board At-Risk Certification (5)	2,217
J. Guild Teachers (Mentoring other teachers for a total of fifty (50) hours	870
(NBPTS teachers who are mentoring under the state program are not eligible for this stipend)
(If NBPTS teachers who are not mentoring under the state program are eligible for this stipend)
* When in excess of regular teaching load and recommended by the principal.
** When in excess of regular duty hours and recommended by the supervisor.
K. Southeastern Consortium for Minorities in Engineering (SECME) (6)	1,462
L. National Board for Professional Teaching Standards The greater of 5% of base salary or 2,438
(Note: Teachers shall receive this supplement for as long as they hold their national certification.)
M. Broward County Recognition Program (BCRP) 5% of base salary
Note: Teachers shall receive this supplement for as long as they hold their local recognition certification.
N. ESE Specialist	935
O. Speech/Language Pathologist	935
P. Family Counselor	1,100
Q. Speech Language Pathologist (National Clinical Certification)	1,100
(paid in addition to item O above)
R. Testing Coordinator	1,100
S. ESOL Coordinator
1-75 ESOL Students	675
76-150 ESOL Students	900
151 or more ESOL Students	1,150
T. Itinerant Visually Impaired Teachers	3,000
VI. Vocational Technical & Adult Education* (2)
A. Future Farmers of America	717
B. Future Business Leaders of America	717
C. Cooperative Education Club of FL	717
D. Health Occupation, Student Association	717
E. Florida Homemakers Assoc/Home Economics Related Occup.	717
F. Vocational Industrial Clubs of America	717
G. Distributive Education Clubs of America	717
H. Florida Industrial Arts Student Association	717
VII. Supplement Pay
Both parties agree that as supplementary positions listed in Appendix B become available they shall be paid in accordance with Appendix B.

APPENDIX C

MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding has been entered into this 14th day of June, 2007 between the Broward Teacher Union and the City of Pembroke Pines Charter Schools as follows:

1. All hours worked outside the 7 and a half hour school day by employees who are parents of students in the charter school system shall count toward the required thirty (30) volunteer hours.

2. This Memorandum of Understanding is of the same force and effect as if included in the parties’ collective bargaining agreement. It shall be enforced through the collective bargaining agreement’s grievance and arbitration mechanism.

BROWARD TEACHERS UNION CITY OF PEMBROKE PINES

CHARTER SCHOOLS

By: ____________________________ By: ________________________