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Originally written November 5, 1993 to clarify policies and procedures for certificated and classified administrators and confidential employees in the district related to Diablo Managers Association.
Revision: Fall 2003
The Diablo Managers Association (DMA), the Superintendent, and the Board of Education have worked together to develop this Statement of Mutual Purpose (statement) related to their common areas of interest in the district. This statement addresses issues that mutually concern and benefit the board and management and reflects ongoing policy and practice currently in place in the district. Whenever a conflict arises between board policy, administrative regulations and this statement, board policy and/or administrative regulations shall supersede this statement.
The participants in this statement understand that it is not a contract between the participants enforceable in a court of law. The participants further understand that Government Code §3543.4 prohibits the district from meeting and negotiating with the Diablo Managers Association, and that the purpose of this statement is to foster communication between the Board of Education and management.
The areas addressed by this statement are as follows:
The purpose of this statement, DMA represents all certificated management personnel, who are not employed pursuant to individual contracts, all classified managers and all confidential employees of the district.
DMA, the Superintendent and the Board of Education recognize that it is to their mutual benefit to provide opportunities for dialogue on a regular basis. The dialogue will include and not be limited to: salaries, working conditions, fringe benefits and educational matters. The effects of any Board of Education decision to adjust management positions are also part of this dialogue. DMA, the Superintendent and the Board of Education will discuss any modification and/or changes to this statement. DMA Executive Board is committed to communicating with members including but not limited to the following: Highlights, Representatives, Outlook and meetings. The Superintendent will inform DMA of negotiations with other employee units. The Superintendent will provide periodic updates as the bargaining process progresses.
It is considered in the best interest of DMA, the Superintendent and the Board of Education to have the Superintendent dialogue with DMA members concerning salary, fringe benefits, setting the district calendar and working conditions. The length of the work year for management and supervisory employees is stated on the management salary schedule. The length of the work year for confidential employees is 12-months, earning 2 vacation days per month. Days worked at the request of the district in excess of the number of days/hours required for management personnel are compensated, with the supervisor’s agreement, either by pay at the appropriate rate or by exchange days. (Reference Appendix, AR 4313.3 (a)). Confidentials are to be compensated for any approved overtime under the Fair Labor Standards Act. If a salary schedule adjustment is recommended by DMA, said recommendation will be forwarded to the Superintendent for consideration.
It is in the best interest of certificated, classified and confidential employees and the district to encourage professional growth. A committee representing all interested parties will be convened to explore professional growth opportunities and professional growth awards. DMA, the Superintendent and the Board of Education support continued training of management personnel. Management personnel may request leave for conducting school business or professional business. The management employee’s immediate supervisor and/or the superintendent’s designee will consider such requests. Certificated, classified management and confidential personnel with advanced degrees directly related to their positions are paid an annual stipends reflected on the salary schedules.
The Assistant Superintendent/Personnel is charged with the responsibility of recommending to the Superintendent and the Board of Education any changes or revision in the established classification plan. Based upon an appropriate review of duties and responsibilities assigned to specific positions by the DMA Reclassification Committee, the Assistant Superintendent/Personnel may recommend the reclassification of a position or positions where assigned job duties and responsibilities have changed significantly.
The basis for reclassification of the position must be a gradual accretion of duties and/or responsibilities. Workload increase will not be considered as a basis for reclassification review.
Determinations as to the gradual accretion of duties and/or responsibilities will be on the basis of, but not limited to, the following guidelines:
It is considered in the best interest of DMA, the Superintendent and the Board of Education to consider a job description study every five (5) years to address issues of pay equity and comparability.
The parties shall review this process after the first year of implementation.
The process is intended to provide a reclassification procedure initiated by management employees and is not intended to abridge the superintendent’s ability to make necessary classification adjustments at his/her discretion.
All management employees may use ten (10) days of their paid sick-leave allotment during each school year as management leave days. (These days are called personal necessity or personal business days on the absence form.)
When in the performance of job-related duties, a manager becomes subject to civil litigation, district legal counsel will be provided to the extent required under the Government Code.
Personal property damages or loss resulting from a job-related incident requiring a replacement or repair of such article shall be recorded on the district incident form and submitted to the Risk Management Office.
The district will reimburse an employee for any one loss up to two hundred dollars ($200.00) except for articles of personal clothing when the maximum for any one loss shall be four hundred dollars ($400.00).
A complete written description of the professional duties and responsibilities expected to be fulfilled will be provided to each manager.
To be tied to professional development opportunities and administrative staff in-service training programs designed to improve professional performance.