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2006-07 SCFA CONTRACT APPENDICES
Sierra
Community College Dustrict Resolution No. 76-19 (as amended)
WHEREAS, Section 3540, et seq. of the Government Code, Title 1, Division 4, Chapter 10.7 (Rodda Act) provides that the Public School Employer may voluntarily recognize an employee organization as the exclusive representative of an appropriate unit of faculty; and WHEREAS, the Sierra College Faculty Association, affiliated with the California Teachers Association has requested recognition pursuant to the provisions of the “Rodda Act” and has complied with the appropriate sections of the rules and regulations of the Educational Employment Relations Board; and WHEREAS, the Sierra College Faculty Association has agreed not to seek a clarification or amendment of the representation unit as set forth below: THEREFORE, the Board of Trustees hereby grants exclusive recognition to the Sierra College Faculty Association for the faculty in the representation unit which is comprised of the following positions: Administrative Intern, And excluding all other positions not designated, including but not limited to: Assistant Director-Plant Operations,
California Family Code Sections Referenced in Article 14: Health and Welfare Benefits
DIVISION 2.5 DOMESTIC PARTNER REGISTRATION 297. PART 2 REGISTRATION 298. 298.5 PART 3. TERMINATION 299.
APPENDIX C MEMORANDUM OF UNDERSTANDING I. Background: The Los Rios Community College District and the Sierra Joint Community College District desire to create a program that would permit an adjunct faculty member who is employed at both districts to participate in Los Rios medical insurance program. The development and implementation of joint medical insurance is due to expected State contributions toward medical premiums as provided by Assembly Bill 3099 which established Sections 87860 through 87869 of the California Education Code. This joint district medical insurance program follows the guidelines developed by the State Chancellor’s Office for the Part-Time Faculty Medical Program pursuant to AB 3099. The continuation of this agreement is therefore predicated on the continued existence and adequate state funding for the program. Any significant changes due to State guidelines, state reimbursement levels, or other new requirements may result in the termination of this program. II. Participant Eligibility: In order to participate in the Los Rios medical program for the Fall or Spring semester, an adjunct faculty member must meet the following eligibility requirements: a. The adjunct faculty member must not be covered by insurance provided by another employer of the adjunct faculty member or their spouse. b. The adjunct faculty member must have a minimum Los Rios workload of 0.30 FTE as of August 20 and/or February 10 (credit courses only). c. The adjunct faculty member must be commencing at least the third semester out of the last five semesters at Los Rios. d. The combined work load at both districts must equal or exceed 0.60 FTE as of August 20 and/or February 10 (credit courses only). III. Benefits of the Program: Participants may enroll IN THE Los Rios medical program for adjunct faculty. This program is a collectively bargained program between the Los Rios College Federation of Teachers and the Los Rios Community College District. As such, the program is subject to future changes that may extend from collective bargaining. A copy of the relevant sections of the current agreement is attached and incorporated by reference into this Memorandum of Understanding. Los Rios will advise Sierra of any changes to the program caused by rate adjustments, collective bargaining, or other causes. This Joint District Medical Insurance Program does not include access to the Los Rios dental insurance plan. IV. Administration: This agreement will be administered as follows: a. Eligible adjunct faculty employed at Los Rios Community College District that desire to receive workload credit (FTE) for their employment at Sierra Joint Community College District must provide Los Rios with a form certifying their Sierra and Los Rios qualifying FTE (Form CCFS- 361) no later than the due date specified in Section II. The adjunct faculty member must also submit all other forms, certifications, and other documentation as is typically required by Los Rios by the same due date. b. Los Rios will provide medical benefits and related district contribution amount as established for the coverage period based on the documentation submitted. c. Los Rios will summarize all Sierra FTE that has been submitted for Los Rios benefits and submit a copy of the FTE summary to Sierra by September 1 or March 1 for each semester’s coverage. d. Sierra will verify the accuracy of the Sierra FTE. If there are any discrepancies, Sierra will report the discrepancy to Los Rios by September 20 or March 20 for each semester’s coverage. e. If the certified FTE on Form CCFS-361 differs from the FTE confirmed by Sierra, the employee will be asked to resolve the difference. If the difference results in an FTE below the required .60 FTE, coverage will be terminated retroactively and/or the employee will be billed for any insurance premiums or medical services extended. I. Funding the Cost of the Joint Medical Program: The districts agree to share the employer cost as follows: a. The total medical insurance premium cost for joint employees will be identified. The maximum district contribution towards medical premiums for a joint employee shall follow the provisions outlined in LRCFT/LRCCD collective bargaining agreement. b. Los Rios will advise Sierra of the estimated proportionate share of total costs and provide supporting calculations by October 10 and April 10 of each semester’s coverage. Los Rios will advise Sierra of the final proportionate share of costs and provide supporting calculations after the final State contributions are known. This final State contribution is expected to be known between June 15 and November 1, near or after the conclusion of the fiscal year. c. Such premium costs will be paid proportionately by each district. The Los Rios FTE to be included in the calculation will be the actual Los Rios FTE, which will be not less than 0.30 and not greater than 0.60. The Sierra FTE to be included in the calculation will be the lesser of (a) the actual Sierra FTE, or (b) the difference between 0.60 FTE and the Los Rios FTE. d. Sierra will submit payment to Los Rios for the district’s estimated proportionate share of costs within 30 days of receipt of invoice. e. Upon receipt of State funds for the fiscal year for the Part-Time Faculty medical Program, each district’s cost will be reduced by the proportionate amount of State reimbursements provided. Initial reimbursement from the State is expected around June 15 of the fiscal year. Los Rios will remit Sierra’s proportionate reimbursements within 30 days of receiving such State funds. f. The final proportionate share of costs may differ from the calculated costs due to changes in State contribution or other factors. If the final Sierra share of costs differs from amounts paid, Sierra shall either pay or receive a refund of the difference within 30 days of receiving from Los Rios any recalculated costs and reimbursements. II. Termination or Modification of this Agreement: Either district may terminate this Memorandum of Understanding at any time by
giving notice to the other district at least 90 days in advance of the next
semester coverage period. This agreement may be terminated if there are material
changes to the current provisions of the State’s Part-Time Faculty medical
Program including the elimination of or significant reduction to the current
fifty percent (50%) reimbursement level from the State for medical premium
costs, changes in insurance rates/coverage, plan changes due to the districts’
collective bargaining agreements, or any other material change to the provisions
of this Memorandum of Understanding. The districts may modify this Memorandum of
Understanding at any time by mutual agreement. Date:_______5-29-98_______
Date:______5-20-98__________ s/Brice W. Harris_____________________ s/Kevin M.
Ramirez__________________________
APPENDIX D This agreement binds all those who labor at this college, and all those who are responsible for its stewardship, in a covenant of openness and trust, specifically, a truly collaborative environment of shared information, mutual consultation, and decisions reached in the best achievable interests of our entire college community. To this end, and on behalf of all those whom we represent, we the undersigned pledge ourselves always to seek consensus opinions, cooperative endeavors, and shared sacrifices through the candid expression of our individual interests and our collective commitment to act in harmony for the good of each other, our students, and the citizens of our community. For the Federation of United School Employees______s/Bernard Acuna
_________________ Date_________________November 8, 2005___________________________________
SIERRA COLLEGE COMPENSATION AGREEMENT BETWEEN BOARD OF TRUSTEES SIERRA COMMUNITY COLLEGE DISTRICT, SIERRA COLLEGE MANAGEMENT ASSOCIATION, SIERRA COLLEGE FACULTY ASSOCIATION, AND FEDERATION OF UNITED SCHOOL EMPLOYEES November 8, 2005
This Agreement intends to provide a well-defined, equitable, collaborative, and interdependent decision making process, which provides competitive wage, salary, and benefit packages to our employees within the constraints of available resources. To this end, the Agreement establishes periodic, systematic institutional planning, implementation and self-assessment processes; describes personnel and non-personnel funding resources and their allocation; and funds staffing, organizational effectiveness, institutional integrity, growth, and operational stability. This Omniparty Agreement lays out the specific details of how the formula will be applied to allocate each year general fund unrestricted new and Growth Revenue between personnel and non-personnel expenditures. This Agreement does not apply to Board contracted positions, classified temporary positions, retirees or student employees. 2 Definitions 2.1 Approval - Approval by the Omniparty is determined by consensus agreement of a Quorum of members. See “Quorum.” 2.2 Approved Position - An Approved Position is any position that meets the following criteria: 2.2.1 It is a permanent position funded as of June 30th each year (see Attachment B for a list of all Approved Positions as of June 30, 2005), and 2.2.2 It is not a Certificated, Classified or Management position fully funded from restricted or categorical revenue. 2.3 Attrition Adjustment – Net Personnel adjustment resulting from either of the following conditions: 2.3.1 Replacing an Approved Position with a different Approved Position within the same Unit, or 2.3.2 Filling an Approved Position with an employee(s) at a different pay rate (including step, column, and longevity) than that of the person who vacated the position. 2.4 Basic Aid - A community college District whose county property tax receipts excluding ERAF (Education Revenue Augmentation Funds) exceed the amount of funding that would have been apportioned by the State for a specific Fiscal Year; also known as an Aexcess tax school entity@ pursuant to California Revenue and Taxation Code Section 95.1. 2.5 Big Split - See Personnel/Non-Personnel Split. 2.6 Budget Stability Revenue – Revenue provided by the State in accordance with Section 58776 of Title 5 of the California Education Code to partially or fully offset a decrease in enrollment. 2.7 Bucket – See Unit Bucket. 2.8 COLA - Cost-of-Living Adjustment dollars as determined by the State (refer to Section II of Exhibit E of the California Community College Chancellor’s Office apportionment recalculation report, usually prepared in late December and issued in the following spring). 2.9 Cost Advances - Revenue borrowed from District General Fund or Reserves by a Unit to mitigate a negative impact on Unit employees, typically resulting from an extraordinary and disproportionate impact on the Unit=s Bucket. Such borrowed revenue shall be repaid to the General Fund or Reserves within a prescribed period of time as agreed upon by the Omniparty. 2.10 Current Year - The Fiscal Year to which the formula is being applied. 2.11 Deficit Factor - The discount due to a shortfall in State revenue which is applied by the State on revenue it owes to the District. 2.12 District - The Sierra Joint Community College District, the Board of Trustees of the Sierra Joint Community College District or its authorized representatives. 2.13 Equity Adjustments - The cost of incremental or full one-time schedule adjustments resulting from mutually approved or Board-directed Reclassification or comparability studies. 2.14 ERAF (Education Revenue Augmentation Funds) - Property tax revenue shifted by the State from local governments, cities and special Districts to school Districts, county departments of education, and community colleges in order to meet Proposition 98 funding requirements. 2.15 Excluded Personnel – Confidential employees, executive administrators on direct contract with the Board of Trustees, and other permanent employees who are excluded from collective bargaining. For the purposes of this Agreement, student and temporary employees are not included in this group. 2.16 Faculty Obligation - The number of new full-time faculty positions needed to meet the California Assembly Bill (AB) 1725 ratio of full-time to part-time instruction hours. Section 35 of AB 1725 refers to Education Code 87482.6 (a) which recommends that 75% of hours of credit instruction be taught by full-time instructors. AB 1725 does not apply to Basic Aid Districts. 2.17 Fiscal Emergency - A decrease in funding from the State or an extraordinary increase in expenditures that requires corrective fiscal action. A Fiscal Emergency is declared by the Board of Trustees. 2.18 Fiscal Year - For the purposes of this Agreement, Fiscal Year and academic year coincide and may be used interchangeably, corresponding to the period from July 1st through the following June 30th, inclusive. 2.19 FUSE - Federation of United School Employees, which represents permanent classified employees. 2.20 Growth Revenue - Revenue provided to
the District by the State based on increased Full Time Equivalent Student (FTES)
enrollment from one academic year to the next. Such revenue is subject to
maximum percent or cap as determined by the State. Decreases in FTES enrollment
may be offset by the State in the form of stability funding. 2.21 Little Split - See Unit Proportionate Share. 2.22 Mutual Interest - A Mutual Interest is any interest that has a direct or indirect effect on two or more Omniparty members= Buckets (including, but not limited to, Cost Advances, Equity Adjustments, Reclassification, and increased retiree health benefit cost). 2.23 Mutual Interest Funding Requests - A funding request from a Unit or the District that requires additional unrestricted general revenue from sources other than just that party's Bucket, whether on-going or one-time. Such requests typically result from an extraordinary and disproportionate impact upon a Unit's Bucket, but may also result from a common interest shared by all (e.g., increased retirement costs). 2.24 New Position - A new permanent position that results in an increase to the total number of Approved Positions. 2.25 Non-Personnel Expenditures – Operational expenditures as specified in account string object codes 4000-7999. 2.26 Omniparty - The negotiating body comprised of members representing the District, management, faculty and classified employees. 2.27 Personnel Expenditures - Salary and benefit expenditures as specified in account string object codes 1000-3999. 2.28 Personnel/Non-Personnel Split (aka "Big Split") - As of July 1, 2005, the ratio is 78% to personnel and 22% to non-personnel (or operational) needs for new and Growth Revenue. 2.29 Prior Year - The fiscal or academic year immediately preceding the Current Year. 2.30 Quorum - An Omniparty Quorum consists of at least two of the standing members present from the District and each of the Units (i.e., SCFA, SCMA, and FUSE). 2.31 Reclassification - Any permanent, formal change in job description. 2.32 Retiree Health Benefit Cost - The cost of medical premiums in the Prior Year for retired employees who were hired prior to July 1, 1994. 2.33 SCFA - Sierra College Faculty Association which represents full-time and part-time certificated instructional staff. 2.34 SCMA - Sierra College Management Association which consists of two units: (1) certificated management and (2) classified supervisory. 2.35 State - State of California or its designated agents (e.g., California Community College Chancellor=s Office). 2.36 State Recalculation – State’s recalculation of the actual revenue allocated to the District, typically done in February of the Fiscal Year following the current Fiscal Year (i.e., final State published apportionment report). 2.37 Statutory Expenditures - The District=s obligatory share of employee payroll-related costs mandated by Federal, State, or local entities, including such costs as Social Security, Medicare, State disability insurance, PERS, STRS, or comparable mandates. 2.38 Unit - Each of the unions or groups (i.e., SCFA, FUSE, and SCMA) representing Sierra College employees for salary and benefit determination purposes. 2.39 Unit Base Amount - The Prior Year on-going funding amount for a Unit. 2.40 Unit Bucket (aka “Bucket”) - A reference to the amount of revenue available for Unit staffing and compensation. 2.41 Unit Proportionate Share (aka "Little Split") - The proportion of revenue available to a Unit as determined by the Unit=s ratio of unrestricted Personnel Expenditures to the District total unrestricted Personnel Expenditures. 2.42 Unrestricted Expenditures - All general fund expenditures falling under account string sub fund 00 and 02. 2.43 Unrestricted Revenue - On-going or one-time that may be used at the discretion of the District for general fund expenditures (see Attachment A). 3 Process Time-line Summary 3.1 July/August - Omniparty considers Mutual Interest items and determines Current Year salary and benefit schedule adjustments along with any one-time (off-schedule) payments based on estimated revenue from the advanced apportionment report for the Current Year and on the applicable adjustments to the Prior Year (Sections 4.2, 4.3, 4.4, 5). 3.2 September/October - District implements annual salary and benefit adjustment effective previous July 1st and distributes retroactive checks to employees by October 31st, if any (Section 4.3). 3.3 February/March - Omniparty performs the annual review and evaluation of this Agreement (Section 7). 3.4 May/June - Business Office provides update on Current Year growth estimates and coming year State budget estimates. Omniparty members propose Mutual Interest items for the coming year Mutual Interest items must be either extraordinary costs that are disproportionate for one or more Units or costs of common concern to all members of the Omniparty. 4 Distribution of Compensation Revenue - The Business Office will perform the initial calculations in late July or August of the year in which a salary and benefit adjustment is to be made. Calculations shall be performed using the tables provided in this Section or equivalent worksheets. 4.1 Compensation Revenue Factors 4.1.1 For purposes of this Agreement, the primary sources for funding on-going salary and benefit adjustments are based on new State apportionment revenue, excluding growth and stability revenue (see Attachment A). Such revenue includes: (a) cost-of-living adjustments (COLA); and (b) new or increased equalization revenue. This funding is offset by the State when the State applies a funding Deficit Factor of less than one. 4.1.2 The determination, availability and distribution of a Unit=s proportional share of new Unrestricted Revenue (see Attachment A) is dependent upon: 4.1.2.1 Final adoption of the State budget and the reliability of receiving such entitlements, including any projected State funding deficit, and 4.1.2.2 State funding formula not changing. Should State funding formula for community colleges change substantially for the Current Year so that the implementation of this formula is impossible or impractical, the impact of such new unrestricted funding provisions shall be subject to further negotiation at the Omniparty, and 4.1.2.3 District not receiving additional Unrestricted Revenue due to a Basic Aid status. If it is learned that the District will maintain a Basic Aid status in the Current Year, then the expected change in revenue will be estimated using a process agreed upon by the Omniparty. 4.1.3 New One-Time Revenue 4.1.3.1 For the purposes of this Agreement, one-time Unrestricted Revenue is defined as residual Growth Revenue from the Prior Year (see Section 5.4.6) and Lottery revenue from the Prior Year in excess of $1,689,084 (see Section 4.4). 4.1.4 Other Unrestricted Revenue 4.1.4.1 Other new Unrestricted Revenue not specifically identified in Attachment A shall be reviewed for designation on Attachment A by the Omniparty at the next regularly scheduled meeting. 4.1.5 Special State Part-Time Instructor Revenue 4.1.5.1 Revenue designated by the State for
part-time instructor funding are processed separately as one-time monies (as
with categorical revenue) and are not specifically included in the faculty Unit
Bucket calculations. Historically, such State funding has included allocations
for part-time office hours, salary improvements and medical benefits. 4.1.6.1 Should the Unrestricted Revenue be increased or reduced as a result of a recalculation performed by the State Chancellor=s Office in the recalculation for Prior Year revenue or other similar State computations, the appropriate adjustment shall be applied to the coming year’s revenue computation. Such recalculations may include either on-going or one-time revenue. 4.1.6.2 One-time charges (e.g., cost for a comparability study) against new on-going revenue for the Prior Year shall be credited to the new on-going revenue in the Current Year. 4.1.7 Excluded Revenue/Funding Sources 4.1.7.1 Unless otherwise specified by the Omniparty, Growth Revenue will be processed according to Section 5 of this Agreement. 4.1.7.2 Transfer increases from the Post Retirement Medical Fund are to be applied only to increased retiree health care premium costs. 4.1.7.3 Other federal, State, or local revenue not defined herein, categorical apportionment revenue, State apprenticeship, non-personnel operational expenditure savings, other fee income, interest income, District Reserves (Unrestricted general fund revenue set aside by the District to assure the long-term fiscal health and stability of the District), private party donations or grants not specifically designated for unrestricted salary or benefit adjustments, and other restricted or designated revenue sources shall be excluded from any computations of available new revenue to be subject to the Personnel/Non-Personnel Split (see Attachment A). 4.2 Calculation of Available On-Going Unrestricted Revenue [NOTE: Growth/Restoration Revenue (T5-58774) is
processed in Section 5. All references in the format of “T5-xxxx” are from Title
V of the California Education Code as cited on State apportionment reports as of
July 1, 2005. Changes to referenced State forms shall require a review and
update by the Omniparty, as necessary, to all such references in this document.] 4.2.1 Estimate new on-going Unrestricted Revenue
for the Current Year from the most recent apportionment report (usually P2
issued in Spring of the Prior Year) and the Advance Apportionment report for the
Current Year.
4.2.2 Calculate adjustments to the Prior Year new
on-going Unrestricted Revenue to be added to, or subtracted from, the Current
Year revenue. This Section requires the comparison of the estimate used for the
Prior Year to the recalculated apportionment.
4.2.3 Calculate items to be charged against all new
on-going Unrestricted Revenue in the Current Year. One-time charges against
on-going revenue are recaptured in the following year.
4.2.6 Each Unit shall receive its Proportionate Share of the total available personnel revenue calculated in Table V above. The Unit=s Proportionate Share of such revenue is based upon: 4.2.6.1 Actual unrestricted personnel expenditure for all Approved Positions associated with the Unit divided by the actual total unrestricted Personnel Expenditures for all Approved Positions. 4.2.6.2 Such ratio shall be recalculated for each
Unit at least once every three years.
4.2.7 Calculate initial Bucket balance for each Unit by applying the following factors to Table VII: 4.2.7.1 Current Year Proportionate Share – As determined on line 5 of Table VI. 4.2.7.2 Prior Year Bucket Balance Carryover - Each Unit may elect to carry over a portion of its Current Year allocation for use in a subsequent year. Unit Bucket balances do not accrue interest. 4.2.7.3 Mutual Interest Agreement Amounts - Any
on-going or one-time amount approved by the Omniparty to be an adjustment to the
Unit Bucket as a result of a Mutual Interest Funding Request. 4.2.7.4 Cost Advances - The cost of Current Year step increments, class changes and other additional Personnel Expenditures which are insufficiently funded shall be considered Cost Advances from the District. Any Cost Advances shall have first priority in the utilization/distribution of Unit=s Proportionate Share of on-going Unrestricted Revenue in the subsequent Fiscal Year. 4.2.7.4.1 A Unit may request additional revenue to meet Current Year needs. Such Cost Advances must be approved by the Omniparty and must be repaid as a charge against the Unit=s Bucket within no more than three subsequent Fiscal Years at a rate approved by the Omniparty. 4.2.7.5 Step, Column and Longevity - The cost of step increments, class changes, and longevity for the current academic year for Unit members not covered by Attrition Adjustment savings or available Growth Revenue. 4.2.7.6 Attrition Adjustment - Attrition Adjustments shall be determined by one of the following methods: 4.2.7.6.1 The previous year actual attrition savings (or additional costs), or 4.2.7.6.2 A statistical annual average based on at least two consecutive years= actual attrition savings (or additional costs) to be recalculated at least once every three years. 4.2.7.7 Statutory Expenditures - The increased expenditure in the Current Year for statutory payroll related costs such as Medicare coverage, disability insurance coverage, life insurance coverage, Social Security, or unemployment coverage. 4.2.7.8 PERS/STRS - Increased District PERS/STRS contribution shall be paid out of Unit Buckets. 4.2.7.9 Recapture of One-Time Charges – Add one-time costs charged to the Unit Bucket in the Prior Year. 4.2.8 Part-Time Faculty Designated Revenue - Such
revenue as described in Section 4.1.5 are passed directly through the faculty
Unit Bucket to part-time faculty.
4.2.9 Reduced or Insufficient Defined Revenue - Should the total of all on-going Unrestricted Revenue for the Current Year be less than the total of all on-going Unrestricted Revenue for Prior Year as calculated in Section 4 above, Unit members shall bear their Proportionate Share of such reduced or insufficient funding levels. Unit's Proportionate Share of computed revenue reductions shall be applied but not limited to the options listed in Section 6 (Fiscal Emergency) of this Agreement.
4.3.1 A uniform on-going annual salary adjustment for all Units= members as agreed upon by the Omniparty to be enacted by October 31st, retroactive to July 1st. 4.3.2 A uniform on-going benefit (i.e., medical, dental, and vision coverage) cap adjustment for all Units= members as agreed upon by the Omniparty to be effective January 1st. 4.3.3 Improvement of salary schedules (including stipends) and related fringe benefit expenditures for all Unit employees in a manner as agreed to by the District and the Unit. Any side letter written to implement this paragraph should contain a reference to this Section. 4.3.4 The remainder of Unit Bucket balance adjusted for Prior Year one-time internal Unit interest expenditures may be used for Current Year internal Unit on-going or one-time interests as agreed to by the District and the Unit. Any side letter written to implement this paragraph should contain a reference to this Section.
4.4 Determination and Distribution of One-Time Revenue 4.4.1 Calculation of Available One-Time Revenue
4.4.3 Unit members= Proportionate Share of the available one-time revenue shall be applied in the following priority order: 4.4.3.1 Repayment of previous year Cost Advances, 4.4.3.2 Other use of one-time revenue as determined by the Unit, otherwise 4.4.3.3 A one-time, off-schedule salary adjustment as determined by the individual Unit. 5 Distribution of Growth Revenue 5.1 The District agrees to distribute all new
growth dollars, except for growth resulting from Instructional Service
Agreements, on the same personnel/non-personnel ratio basis used in Table VI as
calculated from the P2. Growth costs are measured from P2 to P2 each year
(usually late spring) including Prior Year adjustment as determined by Prior
Year recalculated apportionment as follows:
[NOTE: Budget Stability Revenue is provided by the State to partially or fully offset decreases in FTES enrollment.] 5.2 For purposes of this Agreement, the District=s Proportionate Share of new Growth Revenue shall be utilized for additional consultants and contractors, technology for staff, furniture and equipment for staff, and other increases to operational costs. 5.3 If the District chooses to hire more new permanent positions than can be funded by the personnel Proportionate Share of the available Growth Revenue, then the District is responsible for providing on-going funding for such excess positions from its operational revenue. This operational revenue shall then become part of the personnel revenue base. The Omniparty may elect to modify the Personnel/Non-Personnel Split ratio to account for on-going costs associated with the excess positions. Alternatively, the Omniparty may choose to charge the excess position costs against the increased Growth Revenue in the subsequent year. 5.4 For purposes of this Agreement, the personnel share of Growth Revenue shall be allocated in the following prioritized order (See Table B): 5.4.1 Progress towards the full time Faculty Obligation as provided by the Chancellor=s office must be made before any growth dollars for other than instructional staffing needs are expended, 5.4.2 The increased salary and fringe benefit costs associated with additional certificated positions, including certificated management positions, which are needed as a result of District enrollment growth, department or division restructuring, or new educational sites, 5.4.3 The increased salary and fringe benefit costs associated with additional classified positions, including classified management positions, which are needed as a result of District enrollment growth, department of division restructuring, or new educational sites, 5.4.4 Cost of retroactive payments to new staff, 5.4.5 The increased budget for overtime, additional workload stipends, and additional part-time, student and temporary positions, 5.4.6 Unused Growth Revenue shall be credited on a
one-time basis proportionately to the Unit Buckets using the ratios defined in
Table VI. The unused Growth Revenue may be allocated in a subsequent year
towards future planned Unit growth priorities.
6 Fiscal Emergency 6.1 If State or local funding is reduced to such an
extent as to constitute a Fiscal Emergency, then the District in collaboration
with the Omniparty may implement the following actions as necessary to protect
the fiscal integrity of the District (not in priority order): 6.1.1 Hiring freeze, 6.1.2 Reduction in hours or assignments for temporary staff, 6.1.3 Temporary salary schedule adjustments (requires Unit Approval), 6.1.4 Temporary furloughs or work load adjustments (requires Unit Approval), 6.1.5 Temporary suspension of salary schedule step advancements (requires Unit Approval), 6.1.6 Deletion of vacant Approved Positions, 6.1.7 Reduction in force (requires District negotiation with each affected Unit regarding the impact on the Unit), 6.1.8 Other adjustments. 6.2 Temporary actions taken under this Section are to be reviewed by the Omniparty annually. 6.3 If Fiscal Emergency conditions persist for more than two consecutive Fiscal Years, the District in collaboration with the Omniparty may choose to make temporary actions permanent. 7 Annual Reporting and Evaluation 7.1 Records maintained by the District which relate to the implementation and calculation of each Unit=s Proportionate Share of the on-going Unrestricted Revenue shall be available for review by designated representatives of each Unit. 7.2 An annual report which summarizes key elements of the implementation of this Agreement shall be prepared under the direction of the Chief Financial Officer. Such report relating to the implementation of this Agreement shall be provided to the designated representatives of each Unit. 7.3 As a minimum, annual reporting shall include the following: 7.3.1 Calculation made for all tables in Sections 4 and 5 of this Agreement, 7.3.2 Actual new general fund unrestricted dollars received by the District for the five previous Fiscal Years, 7.3.3 Total Unit compensation data in dollars and
percentages to include Unrestricted Revenue and expenditures for the five
previous Fiscal Years. Expenditures should be delineated by personnel and
non-personnel expenditures. Personnel Expenditures shall be delineated by Unit
and include non-Unit costs on a separate line, 7.3.4 Permanent positions status – Headcounts and cost of new, excess growth, vacant, and unfilled positions (to be provided by 12/31/2007), 7.3.5 District’s audited annual financial statements. 7.4 Optionally, the annual report may include the following information: 7.4.1 Status of outstanding balances on Unit Cost Advances, if any, 7.4.2 Special Funding/Mutual Interest Request summary to include estimated long-term costs. 7.5 The Omniparty agrees to meet no later than March 31st of each year to review the operation of the formula and to consider possible modifications, including but not limited to, the following: 7.5.1 Evaluation of implementation concerns (e.g., implementation under Basic Aid status, which personnel are covered under definition of personnel, etc.), 7.5.2 Evaluation of the Personnel/Non-Personnel Split rate and comparison to the minimum and maximum allocation rate (i.e., to verify that the ratio of personnel expenditures to total expenditures falls within the 78% to 80% range), 7.5.3 Evaluation and recalculation, if necessary, of Unit Proportionate Share rates, 7.5.4 Evaluation and recalculation, if necessary, of Attrition Adjustment definition, rates or values, 7.5.5 Evaluation of Growth Revenue distributions, 7.5.6 Evaluation of unrestricted general fund revenue excluded from, or included in, calculations (see Attachment A), 7.5.7 Evaluation of GASB 45 implementation -
Government Accounting Standard 45 requires employers to report the accrued
liability for non-pension retiree benefits such as retiree health care. For
Sierra College this standard takes effect December 15, 2007. Failure to report
and budget for this liability may have adverse audit and funding consequences
for the District. 7.6 Omniparty evaluation results shall be made available to all Unit members. 8 Agreement to Cooperate The District and the Units collectively agree to not commit to any
extraordinary expenditure that renders this Agreement inoperable. Further, upon
ratification of this Agreement by the Board of Trustees, SCMA, SCFA and FUSE
this Agreement shall remain in effect until such time as another Agreement
replaces it by mutual agreement. Attachment A - Unrestricted Revenue (as of 7/1/2005) Group 1: Included Unrestricted Object Code Description Group 2: Excluded Unrestricted Object Code Description
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