Docstoc

PSYCHOLOGISTS' ASSOCIATION IN THE

Document Sample
PSYCHOLOGISTS' ASSOCIATION IN THE Powered By Docstoc
					              CON TRACT




                  between




THE MILWAUKEE BOARD OF SCHOOL DIRECTORS




                    and




    PSYCHOLOGISTS' ASSOCIATION IN THE


       MILWAUKEE PUBLIC SCHOOLS



                 (PAMPS)




            July 1, 2005 through


               June 30,2007
MILWAUKEE BOARD OF SCHOOL DIRECTORS



              Peter Blewett, President


                   Michael Bonds


                   Terrence Falk


                  Danny Goldberg


                  Charlene Hardin


                  Jennifer Morales


                  Tim Petersons


                    Jeff Spence


                 Bruce Thompson



William G. Andrekopoulos, Superintendent of Schools


          Therese M. Freiberg, Director
            Division of Labor Relations


     Cleo D. Rucker, Labor Relations Specialist
            Division of Labor Relations
 2005-2006 PAMPS OFFICERS



   Michael Crossot, President


  Denise Sather, President-Elect


    Jo Anne Baez, Secretary


      Jean Gatz, Treasurer


   Andy Apple, Representative


 Danielle Brown, Representative


Jordan Gallitz, Grievance Steward


Stephen Macek, Grievance Steward




 2006-2007 PAMPS OFFICERS



     Denise Sather, President


 Michael Crossot, President-Elect


    Jo Anne Baez, Secretary


   Christina Monfre, Treasurer


 Danielle Brown, Representative


    Jean Gatz, Representative


 Andy Apple, Grievance Steward


Jordan Gallitz, Grievance Steward
          BARGAINING TEAM



              Randall Welniak


              Michael Crossot


               Jo Anne Baez


               Jordan Gallitz


              Stephen Levine


               Denise Sather


Gregory Weyenberg, WFT-Wisconsin Consultant
                                     TABLE OF CONTENTS


                                                         Page



Preamble                                                   1

PARTI


A.   Consideration                                         1
B.   Conditions and Duration of Contract                   1
C.   Negotiations                                          2
D.   Timetable                                             2
E.   Subordinate Statutes, etc                             2

PART II


A.   Recognition                                           3
B.   Management Responsibilities                           3
C.   PAMPS Responsibilities                                3
D.   Joint Responsibilities and Ethical Practices          3
E.   Dues Deduction                                        5
F.   Fair Share                                            5
G.   Mail                                                  6

PART III SALARIES AND FRINGE BENEFITS


A.   Salaries                                             7
B.   Health Insurance                                     7
C.   Life Insurance                                      48
D.   Payment of Salaries                                 49
E.   Protection of Employees                             49
F.   Sick Leave                                          51
G.   Leaves of Absence                                   56
H.   Tax Sheltered Annuity                               65
I.   Holidays                                            65
J.   Death Benefit                                        65
K.   Severance Pay                                        65
L.   PAMPS Sponsored Insurance Plan                       65
M.   Dependent Care Assistance Program                    66
                                  TABLE OF CONTENTS


                                                                     Page



PART IV WORKING CONDITIONS


A.   Work Year                                                       66
B.   Workday                                                         66
C.   Open House                                                      66
D.   Reduction in Work Force                                         67
E.   Seniority                                                       68
F.   Employee Evaluation                                             69
G.   Employee Records                                                72
H.   Public Comments                                                 72
I.   Disciplinary Matters                                            72
J.   City Residency Requirement                                      72

PART V ASSIGNMENTS, REASSIGNMENTS, AND VACANCIES


A.   Assignment/Reassignment                                         73
B.   Transfers                                                       73
C.   Method of Filling Vacancies                                     74
D.   Vacant Positions/Assignments Will Be Created by the Following   74
E.   Resignation                                                     75
F.   Summer Assignment Rotation                                      75

PART VI GRIEVANCE AND COMPLAINT PROCEDURE


A.   Purpose                                                         77
B.   Definitions                                                     77
C.   Resolution of Grievance or Complaint                            78
D.   Steps of Grievance or Complaint Procedure                       78
E.   Presence of Complainant or Grievant                             81
F.   Waiver by the Grievant                                          81

PART VII NO STRIKE CLAUSE                                            81
                                   TABLE OF CONTENTS


                                                                    Page



PART VIII BASIS FOR AGREEMENT


A.   Agreement on Behalf of PAMPS                                   82
B.   Agreement on Behalf of the Board                               82
C.   Aid to Construction of the Provisions of Contract              82
D.   Saving Clause                                                  82

APPENDIX A -- SALARIES


A.   Salary Schedules                                               83
B.   Pensions                                                       83
C.   Transportation Allowance                                       84
D.   Tuition Reimbursement                                          85
E.   Hourly Rates                                                   86
F.   Summer Work                                                    86
G.   Inservice/Additional Assignments/Building Coordinator Duties   86
H.   Underfilling                                                   87


APPENDIX B - PSYCHOMETRIC ASSISTANTS                                87

APPENDIX C - ETHICS CODE                                            88


SALARY SCHEDULE                                                     91




                                               in
                                                                        PART I - SECTIONS A,B




 l                                           PREAMBLE
 2
 3   THIS CONTRACT, made and entered into at Milwaukee, Wisconsin, by and between the
 4   Milwaukee Board of School Directors, a municipal employer (hereinafter referred to as
 5   the "Board"), and the Psychologists' Association in the Milwaukee Public Schools, as
 6   representative of the employees employed by the Board and included in the bargaining
 7   unit recognized by its Board, (hereinafter referred to as "PAMPS"), WITNESSETH:
 8
 9   WHEREAS, both of the parties to this contract are desirous of reaching an amicable
10   understanding with respect to the employer-employee relationship which exists between
11   them and to enter into a complete agreement covering rates of pay, hours of work, and
12   conditions of employment; and
13
14   WHEREAS, the parties acknowledge that during the negotiations which resulted in this
15   contract each had the unlimited right and opportunity to make demands and proposals
16   with respect to any subject or matter not removed by law from the area of collective
17   bargaining, and that the understandings and agreements arrived at by the parties after the
18   exercise of that right and opportunity are set forth in this contract; and
19
20   WHEREAS, it is intended that the following contract shall be consistent with the
21   legislative authority which devolves upon the Board and the administrative authority and
22   responsibility of the superintendent of schools and/or his/her designee and the Statutes of
23   the State of Wisconsin and amendments thereto and insofar as applicable the
24   administrative rules of the Department of Public Instruction and amendments thereto.
25

26
27                                              PART I
28

29   A.   CONSIDERATION
30
31   The consideration for the execution of this binding agreement is the covenants mutually
32   expressed herein and arrived at by the parties hereto.
33
34   B.   CONDITIONS AND DURATION OF CONTRACT
35
36   This contract shall continue in full force and effect from July 1, 2005, to and including
37   June 30, 2007. Salaries and fringe benefits shall be retroactive to July 1, 2005, unless
38   specific effective dates are contained in the contract.
39
40   The Board and PAMPS for the life of this contract each voluntarily and unqualifiedly
41   waives the right and each agrees that the other shall not be obligated to bargain
42   collectively with respect to any subject or matter referred to or covered in this contract



     PAMPS                                          1                             7/01/05 - 6/30/07
     PART I - SECTIONS B,C,D,E




 1   even though such subject or matter may not have been within the knowledge or
 2   contemplation of either or both of the parties at the time they negotiated or signed this
 3   contract except as otherwise provided herein.
 4

 s   C.   NEGOTIATIONS
 6
 7        1.   Either party to this contract may select for itself such negotiator or negotiators
 8        for the purposes of carrying on conferences and negotiations as such party may
 9        determine. No consent from either party shall be required in order to name such
10        negotiator or negotiators.
n

12        2.  Meetings for collective bargaining shall involve members designated by PAMPS
13        and the Board. Employees shall be released for such meetings without loss of salary
14        when meetings are scheduled during the workday.         Every effort will be made to
15        schedule meetings at times other than during the regular workday. All meetings shall
16        be scheduled by mutual consent.
17

18        3. All proofs of the contract must be approved by the Board and PAMPS. A final
19        contract shall be made available to all bargaining unit members in electronic form via
20        the MPS portal. Two (2) printed master copies, one (1) for PAMPS and one (1) for
21        the Board, will be made.
22

23   D.   TIMETABLE
24

25   Conferences and negotiations shall be carried on by the parties hereto as follows:
26

27   The Board and PAMPS will exchange demands by April 1.
28

29   E.   SUBORDINATE STATUTES, ETC.
30
31   This agreement shall in all respects, wherever the same may be applicable herein, be
32   subject and subordinate to the provisions of the Wisconsin Statutes, as amended, and shall
33   also be subject to the Rules of the Board as amended provided, however, that if any
34   amendment to the Rules is in conflict with any specific provision of this agreement, the
35   agreement shall govern.
36

37




     PAMPS                                        2                            7/01/05 - 6/30/07
                                                                PART II - SECTIONS A,B,C,D




 l                                            PART II
 2

 3   A.   RECOGNITION
 4
 5   The Board recognizes PAMPS as the duly certified exclusive bargaining representative
 6   for all regular full-time and regular part-time school psychologists, psychologist trainees,
 7   and psychometric assistants as defined and certified by the Wisconsin Employment
 8   Relations Commission. Hereafter this section may be amended by official action of the
 9   Wisconsin Employment Relations Commission or by mutual agreement of the parties.
10
n    B.   MANAGEMENT RESPONSIBILITIES
12
13        1.   PAMPS recognizes the prerogative of the Board and superintendent and/or
14        his/her designee to operate and manage its affairs in all respects in accordance with
15        its responsibilities. All powers of authority which the Board and superintendent
16        and/or his/her designee have not officially abridged, delegated, or modified by this
17        agreement are retained by the Board and superintendent and/or his/her designee.
18
19        2.  The Board shall give written notice to PAMPS of the appointment of any
20        employee covered by this contract. Such notice shall be sent within one (1) week of
21        appointment to the PAMPS president's home address and shall include the new hire's
22        name, address, and telephone number, if the latter is available.
23
24   C.   PAMPS RESPONSIBILITIES
25
26   As the recognized collective bargaining representative, PAMPS will represent all persons
27   in the bargaining unit. No PAMPS activity shall interfere with the regular instructional
28   program or school psychological services of the school system, except as otherwise
29   specified in this contract.
30
31   D.   JOINT RESPONSIBILITIES AND ETHICAL PRACTICES
32
33        1.   Employees shall not use their relationship with pupils for profit of any agency
34        nor for commercial enterprises of any kind.
35
36        2.   School psychologists employed by the Milwaukee Public Schools may provide
37        private sector services to students within the school district if:
38
39             a. The parent or adult student is informed in writing prior to provision of
40             services of their eligibility for such free services from the school district. This
41             notification shall be in writing and signed by the parent. A copy of this
42             documentation shall be attached to any report submitted to the school district,



     PAMPS                                         3                           7/01/05 - 6/30/07
     PART II - SECTION D




 1           should a parent ever authorize such a release of a report, discharge summary,
 2           letter, or documentation.
 3
 4           b.   The client is not a student of the school(s) or program(s) to which the
 5           school psychologist is currently assigned. The private practitioner does not
 6           accept referrals from MPS staff personnel nor refer MPS students to any agency
 7           with which they are involved in private practice, of which they are an employee
 8           or in which they have a financial interest.
 9

10           c.   The client is not an MPS employee assigned to their school(s) or
n            program(s) or to citywide positions.
12
13           d. The parent, guardian, or adult student is informed that, as a private
14           practitioner, the school psychologist may not function as an independent
15           evaluator of an MPS referral or of an appeal of an MPS decision or as a
16           provider of a second opinion regarding an MPS student.
17
18           e.   The school psychologist does not promise twenty-four (24)-hour service or
19           on-call services during work hours and does not engage in private practice
20           during hours of contracted employment.
21
22           f.    The school psychologist does not use his/her position within a school
23           district to offer private services or to promote a private practice or to solicit
24           business within the school district through announcements, brochures, or other
25           media.
26
27           g.   Employees shall not engage in private professional practice and related
28           matters and/or other non-MPS work activities on MPS premises and/or time
29           (e.g., before and after school, during school, or on lunch breaks); nor will
30           employees utilize MPS facilities or other resources including materials and
31           supplies for such activities.  The foregoing includes the MPS telephones,
32           stationery, test equipment, secretarial services, duplicating machines, mail
33           service, and mailboxes.
34
35           h. The private practitioner obtains school and psychological records for
36           private practice clients through the same parent release procedure employed by
37           outside professionals.
38
39           i.   The private practitioner will refer clients to other professionals when
4o           potential conflict of interest situations arise.
41




     PAMPS                                         4                        7/01/05 - 6/30/07
                                                                   PART II - SECTIONS D,E,F




 1             j.   The individual who is employed by MPS, and also engages in private
 2             practice, has an obligation to inform his/her immediate supervisor by signing a
 3             form approved by the Board and PAMPS, at least annually or at the inception of
 4             private practice.
 5
 6             k.   Private practice as used in this section means: actively engaged in private
 7             practice, employed as an employee by a private agency, or having a financial
 8             interest in the agency.
 9
10        3.   The Board together with PAMPS recognizes that the professional conduct of
11        PAMPS members is also governed by the standards outlined in Appendix C.
12
13        4.    School psychologists use appropriate professional judgment in determining the
14        nature, extent, and duration of diagnostic, consultative, intervention, and all other
15        services they provide.      Decision-making occurs in collaboration with school
16        personnel, parents, or school teams where appropriate or required by law. Legal,
n         ethical, and professional standards and guidelines are considered by the practitioner
18        in making decisions regarding practice. When questions or challenges arise, that
19        question or challenge shall be resolved in collaboration with the school leader and the
20        administrator of the Division of Special Services or his/her designee.
21
22        5.   Employees in PAMPS seek to promote and protect the integrity of the practice
23        of psychology. Questions related to the integrity and/or ethics of the profession,
24        while in service to the schools or in private sector services may be directed to the
25        joint PAMPS/Administrative Committee on Ethics. This panel is advisory only and
26        does not preclude the taking of appropriate action by the administration. In all
27        instances, delivery of services by MPS school psychologists to MPS students on a
28        public or private basis, is governed by provisions of this contract.
29
30   E.   DUES DEDUCTION
31
32   The Board will withhold dues due PAMPS upon presentation of a signed order by the
33   individual employee; it is understood, however, that the employee has the right to
34   withdraw the order at his/her own discretion at any time. Dues deduction cards and dues
35   withdrawal cards will be furnished by the Board. Any deduction card or withdrawal card
36   in the hands of central services prior to the 18th of the month will commence or stop
37   deduction with the following paycheck.
38
39   F.   FAIR SHARE
40
41   All employees represented by PAMPS who have completed sixty (60) calendar days of
42   service and are not members of PAMPS shall be required, as a condition of employment,



     PAMPS                                        5                            7/01/05 - 6/30/07
     PART II -   SECTIONS F,G




 1   to pay PAMPS a proportionate share of the cost of the collective bargaining process and
 2   contract administration. Such charge shall be deducted from the employee1 s paycheck in
 3   the same manner as PAMPS dues and shall be the same amount as PAMPS charges for
 a   regular dues, not including any special assessment or initiation fee.
 5
 6   No part of fair share money may be used to any extent in a political campaign for or
 7   against any candidate for public office.
 8
 9   In consideration of this provision, PAMPS agrees:
10
11        1.   That no employee who qualifies for membership under the constitution and
12        bylaws shall be denied membership or terminated from PAMPS for reasons other
13        than failure of the employee to tender his/her dues required as a condition of
14        acquiring or retaining membership in PAMPS. PAMPS agrees to furnish the Board
15        a current list of employees in the bargaining unit whose applications for PAMPS
16        membership are terminated, with grounds therefore, within five (5) days after
17        rejection or termination.
18
19        2.   PAMPS further agrees to hold the Board harmless for any damage arising out of
20        any legal action by any employee contesting the above set forth deduction from
21        his/her salary. The Board and PAMPS agree to jointly defend against any such
22        action. Changes in the amount of dues to be deducted shall be certified by PAMPS
23        by September 1 of each year.
24

25   G.   MAIL
26
27        1.   All PAMPS correspondence will be mailed to the Union president's home
28        address.
29
30        2.   PAMPS shall be free to use employees' individual mailboxes located in their
31        work locations for the distribution of its communications.
32




     PAMPS                                        6                        7/01/05 - 6/30/07
                                                                    PART III - SECTIONS A,B




 1                                           PART III
 2

 3                           SALARIES AND FRINGE BENEFITS
 4

 5   A.   SALARIES
 6
 7   The salaries of employees effective July 1, 2005, through June 30, 2007, are set forth in
 8   Appendix A, attached hereto.
 9
10   B.   HEALTH INSURANCE
n

12   Eligible PAMPS represented employees of the Milwaukee Public Schools shall have the
13   right to enroll in any of the negotiated health plan options described in this section.
14

15        1.   The Board shall provide medical benefits for its employees/dependents who
16        elect to enroll in the health plans offered by the Board in accordance with the
17        following:
18

19            a. PREFERRED PROVIDER OPTION (PPO) INDEMNITY HEALTH
20            PLAN. Effective December 1, 2005, the current PPO indemnity health plan
21            shall be modified as indicated herein:
22
23                 1) The plan document for the PPO plan provides a description of
24                 important details of the new plan and is incorporated by reference into this
25                 contract and shall be enforceable through the grievance procedure (Part VI)
26                 and in accordance with Part HI, Section B(2). Unless required by state law
27                 or federal regulation, the Board shall not make any changes in the plan
28                 document without the express written agreement of PAMPS. The Board
29                 shall notify PAMPS of any changes made in the plan document resulting
30                 from changes in state law or federal regulation within thirty (30) days of the
31                 change.
32
33                 2)   SUMMARY DESCRIPTION.               A summary description of some of
34                 the more important covered medical services and plan design features of
35                 the PPO indemnity health plan are listed below. Where there is a
36                 difference between negotiated contract language (contained herein) and
37                 language in the plan document, the negotiated contract shall govern.
38                 Where the contract is silent, the plan document shall govern.




     PAMPS                                        7                            7/01/05 - 6/30/07
PART III - SECTION B




         Covered Medical Services/                                   Out-of-Network
        Plan Design Features                In-Network Payment*      Payment*


         Plan Deductible (per calendar      $100 Individual          $100 Individual
        year; applies before co             $300 Family              $300 Family
         insurance is payable)


        Annual Co-Insurance Limit           $250 Individual          $500 Individual
        (excludes deductible and co-        $750 Family              $1,500 Family
        pays; once family co-insurance
         limit is met, all family members
        will be considered to have met
        their co-insurance limit for the
        remainder of the calendar year)


        Lifetime Maximum                    $2,382,000 per           $2,382,000 per
                                            covered individual in    covered individual in
                                            calendar 2005 (indexed   calendar 2005 (indexed
                                            to the medical CPI       to the medical CPI
                                            adjusted each            adjusted each January 1
                                            January 1 thereafter)    thereafter)****
                                            ****




        Hospital Services
            Inpatient coverage              90% after deductible     80% after deductible


            Outpatient coverage             90% after deductible     80% after deductible


            Emergency Room (for             $50 co-pay               $50 co-pay
            emergency as defined by the
            third party administrator
            (TPA), including in-network
            and out-of-network
            physician services)


            Non-emergency use of the        50% after deductible     50% after deductible
            emergency room



         Physician Services
            Office Visits (non-surgical)    $10 co-pay               80% after deductible
            to non-specialists




PAMPS                                                                     7/01/05 - 6/30/07
                                                                PART III - SECTION B




        Covered Medical Services/                                Out-of-Network
        Plan Design Features             In-Network Payment*     Payment*


           Routine Physicals/            $10 co-pay              80% after deductible
           Immunizations: well-baby      (immunizations at       (immunization at 100%
           care to age 2 (up to 10       100% with co-pay        with deductible waived
           routine exams annually);      waived for children,    for children, birth to
           children age 2+ to age 7 (2   birth to age 6)         age 6)
           routine exams annually);
           children age 7+ to adult (I
           routine exam annually);
           adults (1 routine exam
           annually


           Routine Ob/Gyn Exam (1        $10 co-pay              80% after deductible
           routine exam per calendar
           year; including one pap
           smear and related fees)


           Routine Mammography (1        90% after deductible    80% after deductible
           mammogram per calendar
           year for covered females 40
           and over)


           Specialist (office visits)    90% after deductible    80% after deductible


           Surgery                       90% after deductible    80% after deductible


           Physician In-Hospital         90% after deductible    80% after deductible
           Services


           Allergy Testing and           90% after deductible    80% after deductible
           Treatment


           Allergy Injections            90% after deductible    80% after deductible


           Immunizations and             90% after deductible    80% after deductible
           Injections                    (immunizations at       (immunizations at
                                         100% with deductible     100% with deductible
                                         waived for children,    waived for children,
                                         birth to age 6)         birth to age 6)


           Other Physician Services      90% after deductible    80% after deductible




PAMPS                                                                 7/01/05 - 6/30/07
PART III - SECTION B




        Covered Medical Services/                                     Out-of-Network
        Plan Design Features                 In-Network Payment*      Payment*


        Maternity (coverage includes         90% after deductible     80% after deductible
        voluntary sterilization and
        voluntary abortion)


        Contraceptives (including            90% after deductible     80% after deductible
        injectable contraceptives that are
        not self administered and
        inserted and implanted
        contraceptive devices)


        Infertility Treatment -              90% after deductible     80% after deductible
        Artificial insemination (6 cycles
        lifetime maximum). Advanced
        reproductive technology,
        including in vitro fertilization,
        GIFT, ZIFT to lifetime
        maximum of $30,000.


        Diagnostic X-Ray &                   90% after deductible     80% after deductible
        Laboratory (other than
        physician's office)


        Durable Medical Equipment            90% deductible           80% after deductible


        Prescription Drugs
            Retail pharmacies (local and     100% after 10% co-       100% after a 20% co-
            nationwide)                      pay off discounted       pay for 30-day supply
                                             charge, for 30-day
                Contraceptives (oral,        supply at Medco
                transdermal, and intra-      participating
                vaginal), fertility drugs    pharmacies
                (oral and injectable),
                and diabetic supplies
                included


                No mandatory generics


            Mail-order pharmacy              100% after $10 generic   N/A
            program (Medco)                  and $20 brand co-pay
                                             for a 90-day supply




PAMPS                                         10                            7/01/05 - 6/30/07
                                                                   PART III - SECTION B




        Covered Medical Services/                                   Out-of-Nctwork
        Plan Design Features              In-Network Payment*       Payment*


        Mental Health Services
            Inpatient coverage            90% after deductible      80% after deductible
                                          up to 120 days per        up to 40 days per
                                          calendar year***          calendar year***


           Outpatient coverage            90% after deductible**    80% after deductible**
           (including all mandated        up to 120 visits per      up to 30 visits per
           providers)                     calendar year***          calendar year***


        Alcohol/Drug Abuse
           Inpatient coverage             90% after deductible      80% after deductible
                                          up to 120 days per        up to 40 days per
                                          calendar year***          calendar year***


           Outpatient coverage            90% after deductible**    80% after deductible**
           (including all mandated        up to 120 visits per      up to 30 visits per
           providers)                     calendar year***          calendar year***


        Ambulance (covers medically       100% (deductible          100% (deductible
        necessary transportation only -   waived)                   waived)
        if ambulance called
        unnecessarily, no coverage is
        provided)


        Short-Tcrm Rehabilitation         90% after deductible      80% after deductible
        (acute conditions only)


        Organ Transplants (see            90% after deductible      80% after deductible
        National Program for Medical
        Excellence)


        Physical/Speech/Occupational      90% after deductible      80% after deductible
        Therapy (inpatient and
        outpatient)


        Radiation Therapy (inpatient      90% after deductible      80% after deductible
        and outpatient)


        Chemotherapy (inpatient and       90% after deductible      80% after deductible
        outpatient)




PAMPS                                     11                             7/01/05 - 6/30/07
PART III - SECTION B




         Covered Medical Services/                                Out-of-Network
         Plan Design Features              In-Nctwork Payment*    Payment*


         Blood/Blood Plasma                90% after deductible   80% after deductible


         Chiropractic                      90% after deductible   80% after deductible
                                           up to 50 visits per    up to 50 visits per
                                           calendar year***       calendar year***


         Oral Surgery (procedures          90% after deductible   80% after deductible
        covered by Aetna U.S.
         Healthcare on October 27,
         2000)


        TMJ (surgical and non-surgical     90% after deductible   80% after deductible
         diagnosis and treatment)


         Prosthetic/Ortliotic Appliances   90% after deductible   80% after deductible


         Podiatrist Services               90% after deductible   80% after deductible


         Weight Loss                       90% after deductible   80% after deductible


         Urgent Care/Walk-In Clinic        $35 co-pay             80% after deductible
         (not considered an emergency)


         Skilled Nursing Facility          90% after deductible   80% after deductible
                                           up to 120 days per     up to 120 days per
                                           calendar year***       calendar year***


         Home Health Care                  90% after deductible   80% after deductible
                                           up to 120 visits per   up to 120 visits per
                                           calendar year***       calendar year***


         Private Duty Nursing              90% after deductible   80% after deductible
                                           up to 70 eight-hour    up to 70 eight-hour
                                           shifts per calendar    shifts per calendar
                                           year
                                                  ***
                                                                  year***


         Hospice Care
            Inpatient coverage             90% after deductible   80% after deductible
                                           up to 45 days***       up to 45 days***




PAMPS                                      12                          7/01/05 - 6/30/07
                                                                           PART III - SECTION B




             Covered Medical Services/                                      Out-of-Network
             Plan Design Features                  In-Network Payment*      Payment*


                 Outpatient coverage               90% after deductible     80% after deductible
                                                   up to a maximum          up to a maximum
                                                   benefit of $10,000***    benefit of $10,000***


             National Program for Out-of-          N/A                      Included
             Network Discounts


             A National Program of                 Included                 N/A
             Medical Excellence
             (Coordinates medical care with
             nationally respected doctors,
             clinics, and hospitals. Travel
             expenses for the member and a
             companion are covered - up to
             a maximum of $10,000 per
             episode.)


             Inpatient Prccertification and        Provider initiated       Member initiated (not
             Concurrent Review (Applies to                                  required for
             inpatient hospital, treatment                                  employees/dependents
             facility, skilled nursing facility,                            enrolled in Medicare as
             home health care, hospice care,                                primary)
             and private duty nursing care.)


                 Penalty to Employee for           None                     $300 penalty.   Applies
                 Failure to Precertify                                      per occurrence (does
                                                                            not apply to
                                                                            employees/dependents
                                                                            enrolled in Medicare as
                                                                            primary)


             Claim Submission                      Provider initiated       Member initiated,
                                                   two-year filing          member ultimately
                                                   requirement              responsible. Two-year
                                                                            filing requirement
2
3           The in-network and out-of-network deductibles and co-insurance limits are cross
4           applied (integrated) between in-network and out-of-network.
5
6           ♦Once both the annual (calendar year) deductible and the co-insurance limit have
7           been reached, all medical services received for the remainder of the calendar year are




    PAMPS                                          13                             7/01/05 - 6/30/07
     PART III - SECTION B




 1           benefited at one hundred percent (100%) (except for: office visit, urgent care,
 2           emergency room, and prescription co-pays; co-insurance payments for outpatient
 3           mental health, outpatient alcohol/drug abuse, and non-emergency use of emergency
 4           room services; and penalty payments).
 5
 6           **Does not apply to co-insurance limit and expenses continue to be subject to co
 7           insurance.
 8
 9           ***Maximums are a combined limit for in-network and out-of-network.
10
11           ****Lifetime maximum is a combined limit for benefits paid by any MPS self-funded
12           health plan.
13
14           The following provisions apply both in-network and out-of-network:
15
              Private Room Limit                     Semi-private.   (Private room covered when
                                                     medically necessary as determined by Aetna;
                                                     private room covered at semi-private rate
                                                     when only room available is private.)


              Pre-Existing Conditions Rule           Does not apply.   Employees/dependents who
                                                     enroll during the annual September open
                                                     enrollment period or when they first become
                                                     eligible under the plan are enrolled without
                                                     pre-existing condition limitations. See Section
                                                     B(3).   Enrollment at other times is not
                                                     allowed.


              Continuation                           Standard COBRA continuation applies.


              Extension of Benefits                  Twelve months extension if totally disabled
                                                     when coverage ceases - extension applies to
                                                     all covered expenses for the conditions
                                                     causing such disabilities.


              Coordination With Other                Maintenance of Benefits (MOB) per
              Benefits Including Medicare            transaction without a bank applies to
                                                     dependents of active employees (including
                                                     employees on leave) and retirees/dependents
                                                     not Medicare primary.    See Section
                                                     B( 1 )(a)( 10). Coordination of Benefits (COB)
                                                     one hundred percent (100%) without a bank
                                                     applies when retiree/dependent is Medicare
                                                     primary.   See Section B(l)(a)(IO).




     PAMPS                                      14                                7/01/05 - 6/30/07
                                                                     PART III - SECTION B




             Order of Benefit Determination     Standard rules apply (parent birthday,
                                                divorced or separated parent, retired or laid
                                                off, continuation, cost containment).


 1
 2              3)   PLAN DESIGN
 3
 4                   a) In-Network. The PPO indemnity health plan shall be subject to
 5                   an annual one hundred dollar ($100) per individual/three hundred
 6                   dollars ($300) per family deductible, after which all covered medical
 7                   services and supplies obtained in-network shall be subject to a ten
 8                   percent (10%) individual-paid co-insurance amount until the annual
 9                   co-insurance limit of two hundred dollars ($200) per individual/six
10                   hundred dollars ($600) per family is reached. Once the in-network
11                   co-insurance limit is reached in a calendar year, all covered medical
12                   expenses provided in-network will be paid at one hundred percent
13                   (100%) for the remainder of that calendar year in accordance with
14                   the following:
15
16                   Co-pays for office visits, urgent care, emergency room, and
17                   prescription drugs are in addition to and do not apply to your annual
18                   deductibles and annual co-insurance limit.
19
20                   Co-insurance limits (excluding co-insurance payments for outpatient
21                   mental health, outpatient alcohol/drug abuse, and non-emergency use
22                   of emergency room services) are the maximum amount of out-of-
23                   pocket expenses (other than co-pays, deductibles, and penalty
24                   payments) that an employee/family will have to pay for in-network
25                   medical services in a calendar year.
26
27                   Only those out-of-pocket expenses resulting from the application of
28                   the co-insurance percentage (except outpatient mental health,
29                   outpatient alcohol/drug abuse, and non-emergency use of emergency
30                   room services) may be used to satisfy the calendar year co-insurance
31                   limit.
32
33                   The in-network and out-of-network deductibles and co-insurance
34                   limits cross apply between in-network and out-of-network.
35
36                   b) Out-Of-Network.       The PPO indemnity health plan shall be
37                   subject to an annual one hundred dollar ($100) per individual/three
38                   hundred dollars ($300) per family deductible, after which all covered




     PAMPS                                    15                             7/01/05-6/30/07
     PART III - SECTION B




 1                  medical   services and supplies obtained out-of-network shall be
 2                  subject to a twenty percent (20%) individual-paid co-insurance
 3                  amount until the annual out-of-network co-insurance limit of five
 4                  hundred dollars ($500) per individual/one thousand five hundred
 5                  dollars ($1,500) per family is reached. Once the out-of-network co-
 6                  insurance limit is reached in a calendar year, all covered medical
 7                  expenses provided out-of-network will be paid at one hundred
 8                  percent   (100%)   for   the   remainder   of that   calendar   year,   in
 9                  accordance with the following:
10
11                  Co-pays for emergency room and prescription drugs are in addition
12                  to and do not apply to your annual deductible and annual co-
13                  insurance limit.
14
15                  Co-insurance limits (excluding co-insurance payments for outpatient
16                  mental health, outpatient alcohol/drug abuse, and non-emergency use
17                  of emergency room services) are the maximum amount of out-of-
18                  pocket expenses (other than emergency room and prescription co-
19                  pays, deductibles, and penalty payments) that an employee/family
20                  will have to pay for out-of-network medical services in a calendar
21                  year.

22
23                  Only those out-of-pocket expenses resulting from the applications of
24                  the co-insurance percentage (except outpatient mental health,
25                  outpatient alcohol/drug abuse, and non-emergency use of emergency
26                  room services) may be used to satisfy the calendar year co-insurance
27                  limit.
28
29                  The in-network and out-of-network deductibles and co-insurance
30                  limits cross apply between in-network and out-of-network.
31
32                  c) The plan design description contained in a and b above applies to
33                  active employees and non-Medicare retirees who reside in an Aetna
34                  network area.
35
36                  d) The plan design in b (out-of-network) above of this section
37                  applies to non-Medicare retirees who do not reside in an Aetna
38                  network area and Medicare retirees.
39
40              4) COVERED MEDICAL SERVICES.                    The summary description
41              (Section B[l][a][2] above) lists some of the medical services and supplies
42              covered by the PPO indemnity health plan, but is not intended to be an



     PAMPS                                    16                           7/01/05-6/30/07
                                                                          PART III - SECTION B




 1           exhaustive list of all services and supplies covered by the plan.             The PPO
 2           indemnity health plan shall cover all medically necessary services and
 3           supplies which are not excluded by the plan, subject to the following:
 4

 5                a)   Medical     Necessity        shall   mean:   The    definition    of medical
 6                necessity as contained in the memorandum of understanding dated
 7                April 1, 2003.
 8

 9                b) General Exclusions. The general exclusions as contained in the
10                memorandum of understanding dated April 1, 2003, and effective
n                 December 1, 2005, any medication that is used for the treatment of
12                erectile    dysfunction    or     sexual   dysfunction     and   all   subsequent
13                amendments to the general exclusions.
14

15                c)   Applicable Policies.         All medical services and supplies covered
16                by the PPO indemnity health plan shall be benefited in accordance
17                with the standard policy and coverage decisions of the negotiated
18                TPA.
19
20                d)   The Negotiated Plan Document.
21
22           5)   SELF-FUNDING.             The PPO indemnity health plan shall be a self-
23           funded health plan of the Milwaukee Board of School Directors. All state
24           of Wisconsin mandated health insurance benefits as promulgated now or
25           in the future by the Wisconsin Commissioner of Insurance which are
26           applicable to a fully insured health insurance plan shall be included in the
27           PPO indemnity health plan even if such mandated benefits apply to health
28           insurance plans generally and exclude self-funded plans.                The effective
29           date of any benefit change will be the first date the plan would be
30           required, under present laws or regulations or as such laws or regulations
31           may be enacted in the future, to implement the change had the plan been
32           fully insured.
33

34           6)   THIRD PARTY ADMINISTRATION.                        Effective March 1, 2001,
35           the Board's PPO        indemnity       health plan TPA        shall be Aetna U.S.
36           Healthcare.      Effective December 1, 2005, the TPA for the pharmacy
37           network for the PPO indemnity health plan shall be Medco Health
38           Solutions, Inc. (Medco).
39

40                a)   PAMPS shall be provided with a copy of the administrative
41                services contract between the Board and its TPA(s) as soon as they
42                become available.




     PAMPS                                     17                               7/01/05-6/30/07
     PART III - SECTION B




 1
 2                   b)   The TPA(s) shall be solely responsible for establishing, revising,
 3                   and administering local and national PPO and pharmacy networks.
 4
 5                   Effective November 1, 2002, and until at least October 31, 2007,
 6                   Columbia St. Mary's, Inc., Columbia St. Mary's Community
 7                   Physicians, and their affiliates (hereinafter CSM) shall be included in
 8                   the Aetna Open Choice PPO network and be available to PAMPS-
 9                   represented employees/dependents on an in-network basis.        After
10                   CSM is included in the Aetna Open Choice PPO network, this
11                   provision shall not be interpreted to prevent CSM or Aetna from
12                   terminating their agreement because of material changes occurring
13                   after November 1, 2002, by giving proper notice to the other party in
14                   accordance with the terms of their contract. Further, this provision
15                   shall not be interpreted to require the Board to make CSM available
16                   to employees/dependents on an in-network basis following such
17                   termination of the CSM/Aetna contract.
18
19                   c)   The Board agrees to provide PAMPS staff persons with
20                   unrestricted access to any employee/official of the TPA(s) (or its
21                   subsidiaries) or any other benefit administrator/vendor for the
22                   purpose of representing the interests of PAMPS-represented
23                   employees/dependents.
24
25              7)   PREFERRED PROVIDER OPTION (PPO) NETWORK
26

27                   a)   Effective March 1, 2001, the Aetna Open Choice PPO network
28                   shall be available to PAMPS-represented employees/dependents locally
29                   and nationally.
30

31                   b) Participants in the PPO indemnity health plan shall continue to
32                   have the option to use any provider, whether in-network or out-of-
33                   network.   Participants in the PPO indemnity health plan shall be
34                   provided with a booklet listing the doctors, hospitals, and other
35                   providers which belong to the PPO network. A current booklet shall
36                   also be provided to new health plan participants upon enrollment and
37                   once per year (during August) to all participants.
38
39                   c)   Participants in the PPO indemnity health plan shall not be
40                   responsible for the precertification requirements when the attending/
41                   admitting physician is a member of the PPO network.           Participants
42                   shall not be penalized if a network physician fails to precertify.




     PAMPS                                     18                            7/01/05-6/30/07
                                                               PART III - SECTION B




 1
 2               d) Participants in the PPO indemnity health plan shall not be subject
 3               to the claim filing requirements when health care services are obtained
 4               from a provider who is a member of the PPO network. Claims for
 5               services and supplies from in-network and out-of-network providers
 6               must be submitted to the plan administrator within two (2) years from
 7               the date of service.
 8
 9               e) Participants in the PPO indemnity health plan shall not be
10               responsible for paying a balance bill for covered services from an in-
11               network provider when the covered services were provided by an in-
12               network provider.
13
14               f)  PPO indemnity health plan participants who are eligible for
15               Medicare as their primary coverage are not required nor eligible to
16               participate in the PPO network.
17

18           8) PHARMACY NETWORK. The pharmacy management prescription
19           drug program offered by the TPA, containing a Milwaukee and national
20           network of pharmacies, shall be made available to all participants in the
21           PPO indemnity health plan.     Prescription medications obtained from
22           pharmacies in the network shall be subject to a ten percent (10%) co-pay
23           off the discounted amount payable to the network pharmacy at the time
24           medications are received. The TPA is solely responsible for establishing,
25           revising, and administering the pharmacy network. Participants in the PPO
26           indemnity health plan shall be provided with a booklet listing the
27           pharmacies which belong to the pharmacy network. The booklet shall also
28           be provided to new health plan participants upon enrollment and
29           periodically to all participants as updates are prepared.
30
31           Effective July 1, 2002, Viagra and similar medications shall be covered
32           only through participating pharmacies of the Aetna pharmacy network in
33           accordance with "Viagra endorsement" language to include all subsequent
34           standard Viagra endorsement changes made by the TPA.             Effective
35           July 1, 2002, Viagra and similar medications shall not be covered through
36           the mail-order pharmacy program. Effective December 1, 2005, Viagra
37           and similar medications shall not be covered by the PPO indemnity health
38           plan or the Choice EPO plan.
39
40           Effective July 1, 2002, through December 1, 2005, or so long as Aetna
41           remains the TPA, appetite suppressant medications shall be covered only
42           through participating pharmacies of the Aetna pharmacy network in




     PAMPS                                  19                        7/01/05-6/30/07
     PART III - SECTION B




 1              accordance with "Aetna Pharmacy Coverage Policy: Antiobesity Agents"
 2              and shall require precertification. Effective July 1, 2002, appetite
 3              suppressant medications shall not be covered through the mail-order
 4              pharmacy program.
 5
 6              Growth hormone medications shall be covered through December 1,
 7              2005, or so long as Aetna remains the TPA, only through participating
 8              pharmacies of the Aetna pharmacy network in accordance with "Aetna
 9              Coverage Policy: Growth Hormone (GH and GHRH)" and shall require
10              precertification. Effective July 1, 2002, growth hormones shall not be
11              covered through the mail-order pharmacy program.
12
13              Effective December 1, 2005, the TPA for the pharmacy management
14              prescription drug program shall be Medco Health Solutions, Inc.
15              (Medco).
16
17              9)   MAIL-ORDER            PHARMACY             PROGRAM.               Effective
18              December 1,     2005,   the   mail-order   prescription   medication   program
19              offered through Medco, Inc., shall be offered to PAMPS-represented
20              employees enrolled in the PPO indemnity health plan and shall, effective
21              December 1, 2005, require a ten dollar ($10) generic and a twenty dollar
22              ($20) brand name co-payment by employees/dependents for a ninety (90)-
23              day supply of medication per prescription. Medication shipments shall
24              continue to be provided at no cost to employees/dependents.
25
26              If it is determined by the Board's consultant that a majority of the
27              seventy-five (75) most utilized prescription medications are more
28              expensive    when     obtained from the mail-order program than when
29              obtained from the pharmacy management prescription drug program (8
30              above) and the Unions' consultant concurs with this finding, PAMPS
31              agrees to reopen negotiations on the mail-order pharmacy program,
32              within ten (10) workdays of such concurrence, to explore and agree upon
33              ways to control costs in this program.
34
35              Dispute Resolution Procedure:
36

37                   a)    Disputes   between   the   Board's   consultant   and the   Unions'
38                   consultant as to whether the identified prescription medications are
39                   more expensive in the mail-order program shall, within ten (10)
40                   workdays after such dispute becomes known, be submitted to an
41                   arbitrator selected by the parties.    If the arbitrator agrees with the
42                   Board's position, then within ten (10) workdays after the decision,




     PAMPS                                      20                           7/01/05 - 6/30/07
                                                                 PART III - SECTION B




 1               the parties shall commence negotiations and attempt to             reach
 2               agreement on mail-order program modifications.
 3
 4               b) If the parties are unable to reach agreement within twenty (20)
 5               workdays after commencement of negotiations, the arbitrator shall be
 6               scheduled to conduct a hearing within thirty (30) days.          The
 7               arbitrator shall select either the Board's offer or the Unions' offer
 8               based upon its reasonableness.
 9
10           10) COORDINATION OF BENEFITS (COB). COB, as it applies to
11           dependents of active employees (including employees on leave) and
12           retirees/dependents not Medicare primary, enrolled in the PPO indemnity
13           health plan, shall be administered in accordance with Maintenance of
14           Benefits (MOB) per transaction without a bank. The parties agree that
15           inclusion of this provision is a specifically negotiated limited exception to
16           Part III, Section B(l)(a)(5), of the contract.
17

18           COB, as it applies to retirees/dependents who are covered by Medicare as
19           primary and enrolled in the PPO indemnity health plan, shall be
20           administered in accordance with COB one hundred percent (100%)
21           without a bank. In implementing this provision, the Medicare primary
22           retiree/dependent shall be covered under the PPO indemnity health plan
23           with access to any provider, and with medical benefits provided on an
24           out-of-network basis, subject to the following modification: the National
25           Program of Medical Excellence benefit shall be included. (Note: Access
26           to in-network and out-of-network retail and mail-order pharmacy services
27           with co-pays not subject to the annual co-insurance limit.)
28
29           11) UTILIZATION MANAGEMENT.                        The following utilization
30           management provisions shall apply to administration of the PPO indemnity
31           health plan. Only those utilization management procedures described in
32           this contract shall apply to administration of the plan.
33
34               a)   Precertification and Concurrent Review.        All non-emergency
35               inpatient admissions (in-network and out-of-network) to a hospital,
36               skilled nursing facility, or other treatment facility and services for
37               home health care, hospice care, and private duty nursing care must be
38               precertified and are subject to concurrent review by the TPA. The
39               provider (usually the admitting/attending physician) is responsible for
40               initiating precertification when the employee/dependent uses network
41               providers. If the employee/dependent uses out-of-network providers,
42               the employee/dependent must telephone the TPA (phone number on the




     PAMPS                                 21                           7/01/05 - 6/30/07
     PART III - SECTION B




 1                  identification card) in advance of the admission and provide the name
 2                  and address of the treating physician and the name of the facility of
 3                  admission.
 4
 5                  In the event of an emergency           admission,   an in-network
 6                  provider/facility is responsible for initiating concurrent review.
 7                  However, when using an out-of-network provider/facility, the
 8                  employee/dependent must contact the TPA within forty-eight (48)
 9                  hours of an emergency admission (extended to seventy-two [72] hours
10                  if confinement begins on a Friday or Saturday) to initiate concurrent
11                  review. If the employee/dependent using an out-of-network provider/
12                  facility fails to comply with these requirements, a penalty of three
13                  hundred dollars ($300) per occurrence shall apply.
14
15                  Employees/dependents who are enrolled in Medicare are not required
16                  to initiate precertification and are not subject to a penalty.
17
18                  b) Any and all utilization management procedures used by the TPA
19                  with network providers under standard administration of its PPO
20                  indemnity health plan (in effect March 1, 2001) may be utilized to
21                  administer the PPO indemnity health plan.       The Board agrees to
22                  negotiate a provision in its administrative services contract with its
23                  TPA to inform the Board and the Union of any changes in its
24                  standard utilization management procedures and which prohibits the
25                  TPA from making any benefit changes without approval of the
26                  Board.
27
28                  The Board further agrees not to make, nor to agree with the TPA to
29                  make, any changes in standard utilization management procedures
30                  which change benefits without the express written agreement of
31                  PAMPS.
32

33              12) USUAL, CUSTOMARY,        AND     REASONABLE          (UCR)
34              ALLOWANCE.  The plan administrator shall process out-of-network
35              claims at the eighty-fifth percentile HIAA (INGENIX).    A UCR cutback
36              of less than ten dollars ($ 10) shall be waived.
37

38              13) UCR HOLD HARMLESS. The following hold harmless procedure
39              pertaining to UCR cutbacks from out-of-network providers shall apply. If
40              an employee/dependent notifies the TPA that a medical provider continues
41              to bill the employee/dependent for the balance of a bill that exceeds the
42              UCR level, the TPA shall, within ten (10) workdays, attempt to reach a




     PAMPS                                  22                          7/01/05 - 6/30/07
                                                                 PART III - SECTION B




 1           resolution directly with the medical provider. If the employee/dependent
 2           receives a notice from a collection agency or law firm, the TPA shall
 3           contact the agency or law firm to protect the employee/dependent1 s credit
 4           record. If the employee/dependent receives a subpoena, the Board shall
 5           provide legal representation paid for by the TPA. The TPA shall provide
 6           expert witness testimony. If the employee/dependent does not prevail in
 7           court, the plan shall pay court costs, collection fees, and the amount over
 8           the UCR allowance.
 9
10           No agreement (or standard form) signed by or on behalf of an employee/
11           dependent with a provider shall waive the employee/dependent's rights to
12           the UCR "hold harmless" provision. However, payment by the employee/
13           dependent of all or any portion of the UCR cutback amount will waive the
14           employee/dependent's rights to the UCR "hold harmless" provision for the
15           amounts paid. Cooperation of the employee/dependent with the TPA and
16           the Board's legal counsel, including prompt notice of the dispute to the
17           TPA or the Board, is required for the employee/dependent to be eligible for
18           the benefits of this provision.
19
20           Effective for claim incurred on or after March 1, 2001, if an employee/
21           dependent discovers that despite the safeguards negotiated above, a medical
22           provider has entered information about a disputed UCR amount in the
23           employee/dependent's credit report, the Board shall reimburse the Union
24           for legal representation provided by the Union to contest the validity of the
25           medical provider's claim and to have the information removed from the
26           employee/dependent's credit report. In the event that a UCR dispute is
27           settled or the dispute goes to court and the medical provider's claim is
28           dismissed or the plan is ordered to pay the disputed amount, the Board shall
29           reimburse the Union for legal representation provided by the Union to have
30           any related information removed from the employee/dependent's credit
31           report. Board reimbursement for this purpose when combined with the
32           costs of legal representation provided in 14) below, shall not exceed one
33           hundred fifty thousand dollars ($150,000) per fiscal year commencing
34           July 1, 2002. Reimbursement by the Board shall cover the agreed upon
35           legal services contained in the negotiating note dated April 1, 2003.
36
37           Effective December 1, 2005, the UCR hold harmless shall expire.
38
39           14) MEDICAL NECESSITY HOLD HARMLESS.                            The medical
40           necessity "hold harmless" procedures shall be maintained for out-of-
41           network providers.     This procedure shall include legal representation
42           provided by the Board1 s legal counsel at no cost to the employee/dependent.




     PAMPS                                     23                       7/01/05 - 6/30/07
     PART III - SECTION B




 1              The TPA shall provide expert witness testimony.        If the employee/
 2              dependent does not prevail in court, the plan shall pay court costs,
 3              collection fees, and the amount determined by the TPA not to be medically
 4              necessary.

 5
 6              No   agreement    (or   standard   form)   signed by     or   on behalf of an
 7              employee/dependent with a provider shall waive the employee/dependent's
 8              rights to the medical necessity "hold harmless" provision.           However,
 9              payment by or on behalf of the employee/dependent of all or any portion of
10              the medical charges denied due to lack of medical necessity will waive the
11              employee/dependent's rights to the medical necessity "hold harmless"
12              provision for the charges paid. Full cooperation of the employee/dependent
13              with the TPA and the Board1 s legal counsel, including prompt notice of the
14              dispute to the TPA or to the Board and signing a cooperation agreement,
15              are required for the employee/dependent to be eligible for the benefits of
16              this provision.
17

18              Effective for claim incurred on or after March 1, 2001, if an employee/
19              dependent discovers that despite the safeguards negotiated above, a medical
20              provider has entered information about charges related to a medical
21              necessity dispute in the employee/dependent's credit report, the Board shall
22              reimburse the Union for legal representation provided by the Union to
23              contest the validity of the medical provider's claim and to have the
24              information removed from the employee/dependent1 s credit report. In the
25              event that a claim involving a medical necessity dispute is settled or the
26              dispute goes to court and the medical provider's claim is dismissed or the
27              plan is ordered to pay the disputed amount, the Board shall reimburse the
28              Union for legal representation provided by the Union to have any related
29              information removed from the employee/dependent's credit report. Board
30              reimbursement for this purpose when combined with the costs of legal
31              representation provided in 13) above, shall not exceed one hundred fifty
32              thousand dollars ($150,000) per fiscal year commencing July 1, 2002.
33              Reimbursement by the Board shall cover the agreed upon legal services
34              contained in the negotiating note dated April 1, 2003.
35
36              Effective December 1, 2005, the medical necessity hold harmless shall
37              expire.
38

39              15) MEDICARE DIRECT.               As plan participants become eligible for
4o              Medicare, they shall be enrolled in the Medicare direct program to coincide
41              with the effective date of their enrollment in Medicare.
42




     PAMPS                                    24                              7/01/05 - 6/30/07
                                                                   PART III - SECTION B




 1           16) CONVERSION POLICY. The Board shall make available the TPA1 s
 2           standard conversion policy to eligible employee/dependents. A copy of the
 3           conversion policy and associated rates shall be provided to PAMPS.
 4
 5           17) RAPS AND OTHER PROVIDER COVERAGE. When out-of-
 6           network radiology, anesthesiology, and pathology (RAPS) services are
 7           provided at an in-network facility (hospital or outpatient surgical facility),
 8           claims from these out-of-network providers shall be benefited after the
 9           deductible at ninety percent (90%) of the negotiated UCR allowance in
10           accordance with Part III, Section B(l)(a)(12).
n
12           When an employee/dependent receives medical services at an in-network
13           facility (hospital or outpatient surgical facility) and the admitting or
14           attending physician is an in-network physician and it is medically
15           necessary to use the services of a consulting, assisting, or other physician
16           and out-of-network physicians are used, claims from these out-of-network
17           physicians shall be benefited after the deductible at ninety percent (90%)
18           of Jhe negotiated UCR allowance. The provisions of this paragraph shall
19           not apply if it is determined that the out-of-network physician was
20           selected at the request or direction of the employee/dependent.
21
22           The TPA shall process claims in accordance with the provisions of this
23           paragraph.     Benefits paid under this paragraph shall be capped at one
24           hundred thousand dollars ($100,000) per fiscal year for 2002-2003, 2003-
25           2004, and 2004-2005.    Commencing July 1, 2005, and until June 30,
26           2008, the MPS administration shall manually benefit claims in accordance
27           with the provisions of this paragraph as claims are presented by
28           employees/dependents or union representatives.        Benefits paid under this
29           paragraph shall be capped at up to fifty thousand dollars ($50,000) per
30           fiscal year for 2005-2006 (twenty thousand dollars [$20,000] plus up to
31           an additional thirty thousand dollars [$30,000] of carry-over from
32           unexpended funds from the 2004-2005 fiscal year). Benefits paid under
33           this paragraph shall be capped at twenty thousand dollars ($20,000) per
34           fiscal year for 2006-2007 and 2007-2008.              The provisions of this
35           paragraph shall sunset on June 30,     2008.    As soon as practicable,
36           representatives of the MPS administration, the TPA, and the MPS unions
37           shall   meet   with   representatives   of provider    networks   to   establish
38           mechanisms, policies, and procedures to insure that when employees/
39           dependents use network hospitals and network admitting or attending
40           physicians, that out-of-network consulting, assisting, and other physicians
41           are not used unless specifically requested by employees/dependents.
42




     PAMPS                                  25                           7/01/05 - 6/30/07
     PART III -   SECTION B




 1                In addition, the standard policies of the TPA shall apply to RAPS and
 2                other provider claims, as appropriate, when not specifically addressed
 3                above.
 4
 5                When an in-network physician provides office-based medical services, but
 6                uses out-of-network diagnostic or other provider services, the following
 7                shall apply:
 8
 9                    a) If notified of such a circumstance by the employee/dependent,
10                    the employer, the Union, or the TPA shall contact the network
11                    physician and remind him/her of the contractual obligation to use
12                    network providers.
13
14                    b)   Where deemed appropriate and to the overall benefit of creating
15                    a seamless provider network, the TPA shall initiate steps to bring the
16                    out-of-network provider into the network.
17
18                    c) The TPA, the Board, and the Union shall use whatever means
19                    and take whatever steps are necessary to persuade the network
20                    physician and out-of-network provider to write off any deductible and
21                    co-insurance charge accruing to the employee/dependent.
22
23                18) DEPENDENT DAUGHTERS COVERED. Dependent daughters
24                of employees shall be covered for all prenatal and maternity benefits
25                provided by the plan.      (See Part III, Section B[5][c][2][d], dependent
26                eligibility for coverage for grandchildren.)
27
28           b.   HEALTH         MAINTENANCE         ORGANIZATION        (HMO)/CHOICE
29           EXCLUSIVE PROVIDER ORGANIZATION (EPO) OPTIONS.                           As a
30           voluntary option to the PPO indemnity health plan, employees may enroll in
31           HMO coverage offered by CompcareBlue and UnitedHealthcare.             Family
32           Health Plan (FHP) shall not be available to PAMPS-represented employees
33           after March 1, 2001. Employees enrolled in FHP on November 1, 2000, will
34           be required to select a new health plan during the 2000-2001 school year open
35           enrollment period.      CompcareBlue shall not be available to PAMPS-
36           represented employees effective November 1, 2002. Employees enrolled in
37           CompcareBlue on September 1, 2002, will be required to select a new health
38           plan during the September, 2002, open enrollment period.                  Any
39           employee/dependent enrolled in CompcareBlue on September 1, 2002, who
40           does not select a new health plan during the September open enrollment shall
41           be enrolled in UnitedHealthcare.
42




     PAMPS                                      26                        7/01/05 - 6/30/07
                                                               PART III - SECTION B




 1           1) The.group master contracts which provide a detailed description of
 2           the benefits of the CompcareBlue and UnitedHealthcare HMO plans
 3           agreed upon by the parties to be in effect on and after March 1, 2001, are
 4           incorporated by reference into this contract and shall be enforceable
 5           through the grievance procedure (Part VI) and in accordance with
 6           Part III, Section B(2), of this agreement. Employees who enroll in one
 7           (1) of the HMO plans shall be provided with a detailed description of
 8           their plan by the HMO.      PAMPS shall be provided with a copy of each
 9           group master contract after they are executed.
10
11           The HMO plans offered to employees/retirees and dependents effective
12           March 1, 2001, shall contain the following features:
13
14               a) Each plan shall provide a standard high option level of benefits
15               as modified by the parties. Effective December 1, 2005, Choice
16               EPO benefits shall be provided as noted in benefit highlights
17               summary dated September 30, 2004. Effective December 1, 2005,
18               Viagra and similar medications shall not be covered under the Choice
19               EPO plan (retail and mail-order).
20
21               b)   The retail prescription medication co-pay shall be ten percent
22               (10%) from a participating pharmacy for a thirty (30)-day supply.
23
24               c) Effective December 1, 2005, the mail-order prescription
25               medication program offered through the Choice EPO third party
26               administrator shall be offered to PAMPS-represented employees
27               entrolled in the Choice EPO plan and shall require a ten dollar ($10)
28               generic and twenty dollar ($20) brand name co-payment by
29               employees/dependents for a ninety (90)-day supply of medication per
30               prescription. Medication shipments shall be provided at no cost to
31               employees/dependents.
32
33               d) The mental health and alcohol/drug abuse benefits shall be
34               provided at the state-mandated level as standardly provided by the
35               HMO plans.      Effective December 1, 2005, mental health and
36               alcohol/drug abuse benefits shall be provided as follows:
37

38                       Mental Health
39                        Inpatient coverage      90% up to 45 days per calendar year
40                        Outpatient coverage     90% up to 45 visits per calendar year
41




     PAMPS                                 27                         7/01/05 - 6/30/07
     PART III - SECTION B




 1                            Alcohol/Drug Abuse
 2                              Inpatient coverage     90% up to 45 days per calendar year
 3                              Outpatient coverage    90% up to 45 visits per calendar year
 4
 5                     Outpatient services do not apply to annual co-insurance limits and
 6                     covered expenses for outpatient services will continue to be subject to
 7                     co-insurance.
 8
 9                     e)  Effective December 1, 2005, once the annual (calendar year) co-
10                     insurance limit has been reached, all medical services received for
11                     the remainder of the calendar year are benefited at one hundred
12                     percent (100%) (except for: office visit, urgent care, emergency
13                     room, and prescription co-pays; co-insurance payments for outpatient
14                     mental health, outpatient alcohol/drug abuse, and non-emergency use
15                     of emergency room service; and penalty payments).
16
17                2)   Should the Board elect, commencing July 1, 2003, or on a
18                subsequent July 1, UnitedHealthcare HMO shall be a self-funded health
19                plan of the Milwaukee Board of School Directors (MBSD). All state of
20                Wisconsin mandated health insurance benefits as promulgated now or in
21                the future by the Wisconsin Commissioner of Insurance which are
22                applicable to a fully insured health insurance plan shall be included in the
23                UnitedHealthcare HMO plan even if such mandated benefits apply to
24                health insurance plans generally and exclude self-funded plans.         The
25                effective date of any benefit change will be the first date that the plan
26                would be required, under present law or regulations or as such laws or
27                regulations may be enacted in the future, to implement that change had
28                the plan been fully insured.
29
30                Effective December 1, 2005, the self-funded health plan shall be referred
31                to as the Choice EPO (UnitedHealthcare). The Choice EPO health plan
32                allows participants the freedom to see any physician or other health care
33                professional from the network, including specialists, without a referral.
34                With this plan, participants will receive benefits as specified in the
35                summary plan description (SPD) when participants seek care from a
36                network physician, facility, or other health care professional.
37
38       2.  DISPUTE RESOLUTION.             Individuals, who believe they have been
39       improperly denied benefits under the provisions of the PPO indemnity health plan
40       or an HMO/EPO plan, shall first utilize and exhaust the appeal procedures
41       available under their health plan.
42




     PAMPS                                       28                         7/01/05 - 6/30/07
                                                                        PART III - SECTON B




 1      If a claim denial is upheld in the plan appeal process, the individual may then file a
 2      grievance under the provisions of the contract except where the denial is based on
 3      the proper application of medical necessity criteria and/or general plan exclusions,
 4      it shall not proceed to arbitration.
 5
 6      The Union may file a grievance over any matter involving a claim denial or any
 7      other matter involving a violation of the contract including:
 8
 9           a.   Matters impacting a group of bargaining unit members.
10

11           b.   Matters having a substantial impact on benefits provided under the plan.
12

13      3.   SEPTEMBER OPEN ENROLLMENT.                    During September of each year,
14      there shall be an annual open enrollment period with plan coverage effective
15      November 1.      The open enrollment period allows active employees to enter a
16      health plan, add dependents, or change health plans without pre-existing condition
17      limitations.   The open enrollment period also allows retirees/surviving spouses to
18      change health plans and retirees to add dependent children without pre-existing
19      condition limitations.
20

21      4.   EMPLOYEE ELIGIBILITY AND PREMIUM PAYMENT
22

23           a.   The MBSD shall pay the full premium cost (single or family) for eligible
24           employee participation in the PPO indemnity health plan or any of the
25           HMO/EPO plan, whichever the employee chooses.              Employees on unpaid
26           leave, self-paid retirement, and COBRA extension shall pay the full premium
27           as determined by the district.
28

29           b.   Effective December 1, 2005, if the PPO indemnity health plan premium
30           rate increase for either the active single or active family plan is more than
31           seventeen percent (17%) above the previous fiscal year, the share paid by
32           active employees enrolled in the PPO indemnity health plan will become two
33           and a half percent (2.5%) of the premium on a pre-tax basis commencing
34           November 1 of that fiscal year. In such event, the suspension provision in
35           paragraph a. is no longer operable and the terms in this paragraph shall
36           govern.

37

38     5.    DEPENDENT ELIGIBILITY.             Dependent coverage shall be provided to
39     employee spouses/dependents under the PPO indemnity health plan or the optional
40      HMO/EPO plan in accordance with the following:
41




     PAMPS                                     29                           7/01/05 - 6/30/07
     PART III - SECTION B




 l           a.   Spouse - the person to whom the subscriber is legally married.
 2
 3           b.   Dependent Child - includes the following:
 4
 5                1)   Natural or adopted child of the subscriber.
 6
 7                2) Stepchild - the natural or adopted child of the subscriber's spouse for
 8                whom the subscriber and/or spouse provides more than fifty percent
 9                (50%) of the child's support during a calendar year.
10
11                3) Legal Ward - a child for whom the subscriber or current spouse is
12                the legal guardian and for whom the subscriber and/or spouse provides
13                more than fifty percent (50%) of the child's support during a calendar
14                year.

15
16                4)   Grandchild - a child of the subscriber's dependent child for whom
17                the subscriber and/or spouse provides more than fifty percent (50%) of
18                the grandchild's support during a calendar year when the grandchild's
19                parent is under age eighteen (18).
20
21           c.   Coverage Ceases
22
23                1)   Spouse - coverage ends at the end of the month in which the spouse
24                is no longer legally married to the subscriber.
25
26                2)   Dependent Child
27

28                     a)   Marriage - coverage ends at the end of the month in which the
29                     child marries.
30
31                     b) After the child attains age nineteen (19), coverage ends at the
32                     end of the month in which the subscriber and/or spouse last provided
33                     more than fifty percent (50%) of the child's support. If the child is
34                     the natural or adopted child of the subscriber, and the subscriber is
35                     divorced, the fifty percent (50%) support test includes support
36                     provided by the subscriber's ex-spouse.
37

38                     c) Age Twenty-Five (25) - coverage ends at the end of the month
39                     in which the child attains age twenty-five (25), regardless of support,
40                     unless prior to attaining age twenty-five (25), the child is and
41                     continues to be both incapable of self-sustaining employment by
42                     reason of mental or physical disability and chiefly dependent upon




     PAMPS                                      30                          7/01/05 - 6/30/07
                                                                       PART III - SECTION B




 1                     the subscriber and/or subscriber's spouse for support and
 2                     maintenance, and provided, however, that proof of such incapacity
 3                     and dependency must be furnished by the subscriber to the
 4                     employee's health plan, at no expense to the employee1 s health plan,
 5                     within thirty-one (31) calendar days of the child's attainment of age
 6                     twenty-five (25), and subsequently, when and as often as the
 7                     employee's health plan may reasonably require, but not more
 8                     frequently than annually after the two (2)-year period following the
 9                     child's attainment of age twenty-five (25).
10
11                     d) Grandchild - coverage ends at the end of the month when the
12                     grandchild's parent loses dependent status or the grandchild's parent
13                     turns age eighteen (18) or the subscriber and/or spouse no longer
14                     provide more than fifty percent (50%) of the grandchild1 s support.
15
16                     e) Loss of Legal Status - coverage ends at the end of the month in
17                     which the child no longer meets the definition of stepchild or legal
18                     ward. For example, a stepchild's parent is no longer legally married
19                     to the subscriber.
20
21                     f)  Emancipation - coverage ends at the end of the month in which
22                     the child is legally emancipated, even if the emancipation occurs
23                     prior to the attainment of age nineteen (19).
24

25           d.   Addition of Dependents
26
27                1)   Adding a Dependent - to add a dependent, the MPS Division of
28                Benefits and Insurance Services must be notified within thirty-one (31)
29                calendar days of the event which allows a new person to be eligible for
30                coverage. If notification is received within thirty-one (31) calendar days,
31                dependent coverage shall be effective on the date of the qualifying event.
32                Otherwise, the new dependent may be added only during an open
33                enrollment period. Examples of the above would be a marriage or return
34                of a child to a dependent status.
35

36                2) Birth or Adoption of a Child - commencing on the date of birth or
37                placement, the child will be covered during the first sixty (60) calendar
38                days under his/her own name. For coverage beyond sixty (60) calendar
39                days, the parent must file a new application with the MPS Division of
40                Benefits and Insurance Services, adding the child, within sixty (60)
41                calendar days of the date of birth or placement. Otherwise, the child may
42                be added only during an open enrollment period.




     PAMPS                                      31                          7/01/05-6/30/07
     PART III - SECTION B




 1
 2       6.  SHARED SAVINGS. Unless otherwise specified, savings from negotiated
 3       changes in the indemnity/PPO plan and the HMO plans, effective March 1, 2001,
 4       and thereafter, shall be shared with employees in accordance with the provisions of
 5       this agreement, beginning with savings realized in FY 01/02, and thereafter, in
 6       accordance with the following:
 7
 8           a.   The amount of the savings from negotiated plan shall be jointly
 9           determined by the Board's consultant and a consultant representing the MPS
10           unions. Costs for consultant services shall be paid by each party respectively.
ll
12           b. In determining savings for FY 01/02, 02/03, and 03/04, the projected
13           cost estimates for the basic/major medical plan with BC/BS administration,
14           prepared by Milliman and Robertson (M&R) in its report dated October 25,
15           2000, shall be used to establish a baseline. Estimated and actual savings for
16           each year shall be calculated from these baseline amounts.
17
18           c.  The estimated cost savings for the negotiated plan changes for FY 01/02,
19           02/03, and 03/04 shall be those prepared by M&R in its report dated
20           October 25, 2000.
21
22           The Board's and Unions' consultants shall jointly determine the estimated cost
23           savings for FY 04/05 and beyond.
24

25           d. The Board shall retain all savings equal to seventy-five percent (75%) of
26           the annual estimated cost savings (as determined in c above) in FY 01/02 and
27           fifty percent (50%) of the annual estimated cost savings in FY 02/03 and in
28           subsequent fiscal years.
29
30           e.   No later than September 1 following each fiscal year, the consultants shall
31           jointly determine the actual savings obtained from the negotiated health plan
32           changes for the prior fiscal year (July 1 to June 30). If there are actual health
33           plan savings in excess of the amount retained by the Board in a fiscal year, the
34           additional savings up to an amount equal to that retained by the Board shall be
35           distributed equally to all employees (limited one [1] share per family) enrolled
36           in the comprehensive indemnity/PPO plan and in the HMO plans. Employee
37           shared savings shall be contributed into a 403b Tax Deferred Annuity or into a
38            125 Flexible Spending Account, or a 129 Dependent Care Account as elected
39           by each employee on an annual basis.
40




     PAMPS                                     32                           7/01/05 - 6/30/07
                                                                      PART III - SECTION B




 1            Savings beyond these amounts shall accrue to the Milwaukee Board of School
 2            Directors and be distributed to all employees (in accordance with section d
 3            above) on an equal basis.
 4

 5            f.     Only employees enrolled in a health plan for eight (8) months or more
 6            during a fiscal year shall be eligible for the shared savings contribution for
 7            that fiscal year.
 8
 9            g.  Shared savings contributions to a 403b Tax Deferred Annuity shall be
10            made on a biweekly paycheck basis commencing on the first pay date in
11            January following the end of the fiscal year in which the shared savings were
12            earned unless it is determined that lump sum contributions can be made.
13
14            Shared savings contributions to a 125 or 129 account shall be made as a lump
15            sum contribution on the first pay date in January following the end of the
16            fiscal year in which the shared savings were earned.
17

18            h.  Any disputes arising between the consultants which affect the amount
19            employees receive as shared saving under this provision shall be subject to the
20            grievance procedure commencing at the third step.
21

22            Shared savings language shall sunset effective July 1, 2004.
23
24      7.    The Board shall pay its portion of the premium as outlined in Part III, Section
25      B(4), Employee Eligibility and Premium Payment, single or family coverage of
26      regularly employed personnel.       Family coverage shall continue to be provided to
27      single persons who become married or who become parents without any waiting
28      period or pre-existing condition limitations, provided the single person submits a
29      family coverage application form within thirty-one (31) calendar days of the
30      marriage date, sixty (60) calendar days of the birthdate or adoption date.          If
31      application is made in this fashion, the family coverage shall begin on the date of
32      the marriage, birth, or adoption.
33

34       8.        HEALTH AND DENTAL COVERAGE POLICY. Effective December 1,
35       2005, Board-paid health and dental coverage for a new or returning employee
36       begins on the first day of the month following one (1) month of employment,
37       provided the employee applies for coverage within thirty-one (31) days of hire or
38       return to work.      If the new or returning employee is not in paid status when
39       Board-paid coverage is scheduled to begin, then the effective date for coverage
40       will be the next regular scheduled workday the employee is in paid status in
41       his/her regular job.
42




     PAMPS                                      33                           7/01/05 - 6/30/07
     PART III - SECTION B




 1       Applications received later than thirty-one (31) days after the first day of
 2       employment shall not be accepted and the employee may become covered by
 3       applying during the next open enrollment period.
 4
 5       An employee who wishes health coverage to become effective on the first day of
 6       employment may have such coverage by paying to the Board a sum equivalent to
 7       one (1) month's premium, along with an approved application, within fifteen (15)
 8       days of employment.
 9
10       There shall be no break in coverage for employees new to this bargaining unit if
n        they were subscribers in Board-paid coverage in their immediate preceding
12       position and there was no break in service immediately before they entered this
13       bargaining unit.
14

15       Employees who were employed through the end of their regularly scheduled
16       school year and who return within the first ten (10) paid days of the next school
17       year shall have no break in coverage.
18
19       Effective December 1, 2005, Board-paid health and dental coverage for the
20       employee and all dependents ceases on the last day of month following the month
21       in which the employee becomes ineligible due to non-payment of the required
22       employee premium contribution, termination, suspension, resignation, layoff,
23       reduction in hours below twenty (20) hours per week, or unpaid status for more
24       than one-half (.5) of the number of paid workdays in calendar month, unless state
25       or federal law requires continued Board-paid coverage. However, for ten (10)-
26       month employees who lose eligibility at the end of the school year, health and
27       dental coverage ceases on August 31 following the loss of eligibility.   Nothing in
28       this paragraph is intended to modify the dental eligibility criteria outlined in
29       Part III, Section B(l 8)(c).
30
31       Active Board-paid health and dental coverage for the employee and all dependents
32       ceases on the last day of the month following the month in which the employee
33       becomes ineligible for active coverage due to retirement.
34

35       Self-paid health and dental coverage for the employee and all dependents ceases
36       on the first day of the month for which the premium is not paid by the end of the
37       grace period.
38

39       An employee on an approved paid leave of absence will continue to be covered if
40       they make the required employee contributions.  An employee on an approved
41       unpaid leave of absence may continue coverage by paying the full cost of
42       coverage.




     PAMPS                                       34                       7/01/05 - 6/30/07
                                                                     PART III - SECTION B




 1
 2      Whenever "paid days" is used in this section, it shall mean regularly scheduled
 3      workdays and paid holidays of the employee.
 4
 5      9.    Employees shall not be entitled to duplicate coverage under any other group
 6      health insurance plan offered by the Board.
 7

 8      10. An employee shall not receive duplicate coverage under the present policy and
 9      under Medicare. Employees entitled to benefits under Medicare shall receive those
io      benefits first, and the Board contract shall provide only supplemental benefits up to
n       the present benefits provided for employees in the contract.
12
13      11. Where the husband, wife, or other members of the family are employed by the
14      Board, the Board shall pay its portion of the premium only for one (1) family
15      coverage or two (2) single plans.
16
17      12. The Board will provide family or single health insurance coverage and pay the
18      full premium for the surviving spouse of an employee who dies in active service
19      with at least fifteen (15) years of service until the surviving spouse remarries.
20      After the attainment of age sixty (60), the surviving spouse shall be covered in the
21      same manner as a surviving spouse of an employee who retired that year,
22      remarried, or is otherwise insured.
23
24      13.   RETIREE HEALTH.          Employees retiring who are at least fifty-five (55)
25      years of age and who have had fifteen (15) years of service with the Board or in
26      the Wisconsin Retirement System shall be allowed to continue in the health plan of
27      his/her choice on a self-paid basis.   Premiums are to be paid by deduction from the
28      retirees'pension checks.
29

30      If the employees described above are at least fifty-five (55) years of age and have
31      had fifteen (15) years of service with the Board or in the Employes' Retirement
32      System and have seventy percent (70%) or more of the maximum allowable
33      full-day accumulation of sick leave, they shall be allowed to continue in the PPO
34      indemnity health or the HMO/EPO plan with the Board paying its share of the rate
35      in existence for the PPO indemnity health plan at the time of retirement.
36

37     Board-paid contribution is the Board contribution in effect at time of retirement for
38     the PPO indemnity health plan.
39

40     Those employees retiring at the end of their regularly scheduled work year shall be
41     allowed to continue in the PPO indemnity health plan or the HMO/EPO plan with
42     the Board paying its share of the premium at the rate in existence for the PPO




     PAMPS                                      35                         7/01/05 - 6/30/07
     PART III - SECTION B




 1       indemnity health plan on either June 30 or July 1, whichever is higher, provided
 2       such employee has submitted his/her written resignation on or before April 1.
 3
 4       All half-day balances will be converted into full-day equivalents in making the
 5       seventy percent (70%) determination for this purpose only. In the event of the
 6       death of such retired employee, the spouse of such employee, at the time of
 7       retirement, shall be allowed to continue in the single plan of his/her choice with the
 8       Board paying its share of the full premium at the single rate for the PPO indemnity
 9       health plan in existence at the time of the deceased retiree's retirement. Effective
10       December 1, 2005, the deceased retiree's spouse contribution is the active
11       employee contribution premium share in effect at time of the employee's retirement
12       for the PPO indemnity health plan. If such retired employee did not have the
13       required accumulation of sick leave, at the death of the employee, the spouse shall
14       be allowed to continue in the single health plan on a self-paid basis.           Such
15       surviving spouse shall not be eligible for coverage if otherwise covered because
16       he/she remarries or is employed and is covered by another health insurance plan or
17       HMO/EPO.
18
19       Those employees who retire prior to age sixty-five (65) shall have their health
20       insurance premiums paid to the extent that such premiums do not exceed the
21       amount of the Board's portion of the group rate paid for the employee enrolled in
22       PPO indemnity health plan (as applicable) at the time of retirement. When the
23       retiree attains age sixty-five (65), he/she shall receive the Medicare Carveout Plan
24       provided by the Board and Medicare "B" paid to the employee by the Board
25       provided that such total payment shall not exceed the total amount paid for the
26       Board's portion of the premium for group coverage for the PPO indemnity health
27       plan (as applicable) at the time of retirement.
28
29       Those employees who retire after the attainment of age sixty-five (65) shall have
30       their health plan premium paid and Medicare "B" paid to the employee by the
31       Board to the extent that such payment does not exceed the amount of the Board's
32       portion of the group rate for the PPO indemnity health plan (as applicable at the
33       time of such retirement.
34
35       Retired employees/spouses who elected not to enroll in social security and who,
36       therefore, are not eligible for Medicare "A" coverage shall be provided with
37       hospitalization coverage and Medicare "B" coordination coverage under the PPO
38       indemnity health plan (as applicable) with access to any provider and with medical
39       benefits provided on an out-of-network basis, subject to the following
40       modifications: 1) access to the National Program of Medical Excellence benefit and
41       2) access to in-network and out-of-network retail and mail-order pharmacy services
42       with co-pays not subject to the annual co-insurance limit.




     PAMPS                                       36                          7/01/05 - 6/30/07
                                                                          PART III - SECTION B




 1

 2      14. In the event an employee retires on duty-incurred disability pension, the Board
 3      and the employee will continue to pay their respective share of the group health
 4      plan coverage for a period of five (5) years after his/her worker's compensation
 5      settlement; thereafter, such retired employee shall be allowed to continue in the
 6      health plan group on a self-paid basis.     The definition of duty-incurred disability
 7      shall be that applied to classified employees.
 8
 9      15. Retirees/dependents not Medicare primary who enroll in the PPO indemnity
10      health plan (as applicable) and whose permanent residence is located in a service area
n       of any of the national PPO networks offered by the TPA shall be in the active
12      employee group and shall have access to in-network and out-of-network providers
13      and benefits on the same basis as active employees.
14
15      Retirees/dependents not Medicare primary who enroll in the PPO indemnity health
16      plan and whose permanent residence is not located in a service area of any of the
17      national PPO networks shall be covered under the PPO indemnity health plan with
18      access to any provider and with medical benefits provided on an out-of-network
19      basis, subject to the following: 1) a calendar year deductible of one hundred dollars
20      ($100) individual/three hundred dollars ($300) family and a calendar year co-
21      insurance limit of two hundred fifty dollars ($250) individual/five hundred dollars
22      ($500) family (a combined total of three hundred fifty dollars [$350] per individual
23      or eight hundred dollars [$800] per family per calendar year); 2) access to in-network
24      and out-of-network retail and mail-order pharmacy services with co-pays not subject
25      to the annual co-insurance limit; 3) non-emergency use of emergency room services
26      and penalty amount not be subject to the annual co-insurance limit; 4) both inpatient
27      and outpatient mental health and alcohol/drug abuse services provided at up to one
28      hundred twenty (120) days/visits per calendar year; 5) the annual co-insurance limit
29      shall apply to all covered medical services and supplies, including inpatient and
30      outpatient mental health and alcohol/drug abuse services; and 6) the National
31      Program    of Medical   Excellence   benefit     shall   be   included.    This   group   of
32      retirees/dependents may elect to enroll in the active employee group with access to
33      in-network and out-of-network providers and benefits on the same basis as active
34      employees. Such election may be made only during the annual September open
35      enrollment, with new coverage effective November 1. Effective December 1, 2005,
36      this paragraph is eliminated.
37

38      16.   Any employee, who elects not to enroll in or to drop the PPO indemnity
39      health plan or any negotiated health maintenance organization (HMO/EPO) by
40     virtue of being covered by another employer's health plan, shall receive a payment
41     of five hundred dollars ($500) per year prorated on a ten (lO)-month basis. If (a)
42     the employee's coverage under the other employer's health plan is canceled, (b)




     PAMPS                                     37                                 7/01/05 - 6/30/07
     PART III -   SECTION B




 1       there is an increase in the amount of premium which must be paid by the employee
 2       or his/her spouse under the other health plan, or (c) there is a reduction in the level
 3       of benefits provided by the other health plan, the employee may enroll in the PPO
 4       indemnity health plan or the EPO, single or family as appropriate, on an open
 5       enrollment basis, provided an application for health coverage is received by the
 6       MPS Division of Benefits and Insurance Services within thirty-one (31) calendar
 7       days after such event occurs. Such coverage shall be retroactive to the date such
 8       event occurred.     Voluntary cancellation of coverage by the other employer's
 9       subscriber while continuing to be actively employed by that employer does not
10       constitute cancellation of other insurance. These employees shall retain the right to
11       re-enroll in the PPO indemnity health plan or any negotiated HMO during the
12       annual September open enrollment period. Employees should be aware that in
13       order to be eligible to receive MPS health coverage during retirement, in
14       accordance with paragraph 13 above, they must be enrolled in an MPS health plan
15       at the time of retirement.
16
17       17. VISION CARE.        The Board and the employee shall pay their respective share
18       of the vision premium, single or family as appropriate, in accordance with Part III,
19       Section B(4), Employee Eligibility and Premium Payment, for participation in the
20       vision plan described below:
21
22       Participants   may    only     obtain   plan   benefits   from    providers,    including
23       ophthalmologists, listed in the "Directory of Participating Vision Care Providers," as
24       amended from time to time.
25
26       The vision plan shall be provided on the same basis to all active employees
27       (including employee on leave) enrolled in the PPO indemnity health plan and to all
28       employees (including employees on leave) and retirees enrolled in any of the
29       HMO/EPO options offered by the Board.
30
31       The vision plan administrator shall be National Vision Administrators, LLC. (NVA).
32
33           Benefits                     Frequency                       Covered Amount
34
35           Exam                         Once every 12 months            Paid in full
36

37           Frames                       Once every 12 months            Effective 3/01/01 -
38                                                                        $35 acquisition cost
39                                                                        (approx. $82 frames at
40                                                                        no cost to employee)
41




     PAMPS                                        38                            7/01/05 - 6/30/07
                                                                          PART III - SECTION B




 1           Standard Lenses                 One pair every 12 months     Paid in full
 2           (glass or plastic)
 3
 4                Type:
 5
 6                      a.    Single focus
 7                      b.    Bifocal
 8                      c.    Trifocal
 9                      d.    Lenticular
10

11                Tints
12
13           Dispensing                      Once every 12 months         Paid in full
14            (Professional
15            Service)
16
17           Contact Lenses                  - One pair every 12 months   $100
18            (in lieu of frames             - Disposables up to $100
19            and lenses)
20
21      18. DENTAL INSURANCE
22
23           a.   The Board shall provide dental benefits for bargaining unit employees
24           comparable to the schedule of dental benefits contained herein. Psychometric
25           assistants who work twenty (20) or more hours per week will be eligible to
26           participate in the dental plans.
27

28           b.    1)        INDEMNITY PLAN. Effective March 30, 1993, the Board shall pay
29                 93.9 percent of the premium for employees with a family dental plan and
30                97.4 percent of the premium for employees for the single dental plan.       The
31                employee will pay for the balance of the cost by way of regular payroll
32                deductions.
33
34                2) PREPAID PLANS. Effective March 30, 1993, the Board shall pay
35                ninety-five percent (95%) of the premium for both family and single plans
36                of the prepaid group dental insurance. Each year prior to the renewal, the
37                Board and PAMPS shall meet to review the carriers. A change in rate of
38                more than ten percent (10%) shall result in consideration of exclusion of the
39                carriers.
40




     PAMPS                                          39                           7/01/05 - 6/30/07
     PART III - SECTION B




 l                            SCHEDULE OF DENTAL BENEFITS
 2
 3        Maximum per participant per calendar year                                      $1,500
 4
 5        Deductible                                                                       $25
 6
 7       Maximum number of deductibles per family per
 8       calendaryear                                                                         3
 9
10                                                                               Co-Insurance %
n

12        *Diagnostic
13           Diagnostic x-rays                                                             80%
14           Oral examinations                                                             80%
15

16       *Preventive                                                                       80%
17

18       Ancillary
19           Anesthesia and injections                                                     80%
20           Emergency palliative treatment and
21            denture repairs/adjustments                                                  80%
22

23       Restorations
24           Direct fillings (Regular)                                                    80%
25           Indirect fillings (Cast Restorations)                                        80%
26

27       Oral Surgery                                                                     80%
28

29       Endodontics                                                                      80%
30

31       Periodontics                                                                     80%
32

33       Prosthodontics                                                                   50%
34
35       Orthodontics (Separate Maximum) to age 19
36         $1,500 Lifetime Maximum per participant                                        50%
37

38       * Deductible does not apply to diagnostic or preventive services.
39

4o      Employees shall not be entitled to duplicate coverage under this plan.
41




     PAMPS                                           40                      7/01/05 - 6/30/07
                                                                         PART III - SECTION B




 1           c.  DEPENDENT ELIGIBILITY. Dependent coverage shall be provided to
 2           employee spouses/dependents under the indemnity and prepaid dental plans in
 3           accordance with the following:
 4
 5               1)   Spouse - the person to whom the subscriber is legally married.
 6
 7               2)   Dependent Child - includes the following:
 8
 9                    a)   Natural or adopted child of the subscriber.
10
11                    b)   Stepchild - the natural or adopted child of the subscriber's spouse
12                    for whom the subscriber and/or spouse provides more than fifty
13                    percent (50%) of the child1 s support during a calendar year.
14
15                    c) Legal Ward - a child for whom the subscriber or current spouse is
16                    the legal guardian and for whom the subscriber and/or spouse provides
17                    more than fifty percent (50%) of the child's support during a calendar
18                    year.

19
20                    d)   Grandchild - a child of the subscriber's dependent child for whom
21                    the subscriber and/or spouse provides more than fifty percent (50%) of
22                    the grandchild's support during a calendar year when the grandchild's
23                    parent is under age eighteen (18).
24

25               3)   Coverage Ceases
26
27                    a)   Spouse - coverage ends at the end of the month in which the
28                    spouse is no longer legally married to the subscriber.
29
30                    b)   Dependent Child
31
32                         (1)   Marriage - coverage ends at the end of the month in which
33                         the child marries.
34

35                         (2)   After the child attains age nineteen (19), coverage ends at the
36                         end of the month in which the subscriber and/or spouse last
37                         provided more than fifty percent (50%) of the child's support. If
38                         the child is the natural or adopted child of the subscriber and the
39                         subscriber   is divorced,   the fifty   percent (50%) support test
4o                         includes support provided by the subscriber's ex-spouse.
41




     PAMPS                                      41                             7/01/05 - 6/30/07
     PART III - SECTION B




 1                         (3) Age Twenty-Five (25) - coverage ends at the end of the
 2                         month in which the child attains age twenty-five (25), regardless
 3                         of full-time student status or support.
 4
 5                         (4)    Grandchild - coverage ends at the end of the month when the
 6                         grandchild's parent loses dependent status or the grandchild's
 7                         parent turns eighteen (18) or the subscriber and/or spouse no
 8                         longer provide more than fifty percent (50%) of the grandchild's
 9                         support.
10
11                         (5)    Loss of Legal Status - coverage ends at the end of the month
12                         in which the child no longer meets the definition of stepchild or
13                         legal ward and subject to the aforementioned fifty percent (50%)
14                         support eligibility requirement. For example, a stepchild's parent
15                         is no longer legally married to the subscriber.
16
17                         (6)    Emancipation - coverage ends at the end of the month in
18                         which the child is legally emancipated, even if the emancipation
19                         occurs prior to the attainment of age nineteen (19).
20
21               4)   Addition of Dependent
22

23                    a)   Adding a Dependent - to add a dependent, the MPS Division of
24                    Benefits and Insurance Services must be notified within thirty-one (31)
25                    calendar days of the event which allows a new person to be eligible for
26                    coverage.     If notification is received within thirty-one (31) calendar
27                    days,   dependent coverage shall be effective on the date of the
28                    qualifying event.    Otherwise, the new dependent may be added only
29                    during an open enrollment period.     Examples of the above would be a
30                    marriage or return of a child to dependent status.
31
32                    b)   Birth or Adoption of a Child - commencing on the date of birth or
33                    placement, the child will be covered during the first sixty (60) calendar
34                    days under his/her own name.          For coverage beyond sixty (60)
35                    calendar days, the parent must file a new application with the MPS
36                    Division of Benefits and Insurance Services, adding the child, within
37                    sixty (60) calendar days of the date of birth or placement. Otherwise,
38                    the child may be added only during an open enrollment period.
39

40      19.   HEALTH/VISION COVERAGE POLICY.                         For active employees (and
41      employees on paid leave), Board payment of health plan coverage shall continue to
42      be made on a sixty (60)-day prepaid basis in accordance with the following:




     PAMPS                                      42                            7/01/05 - 6/30/07
                                                                           PART III - SECTION B




 1
 2           a.  Whenever "paid days" is used in this section, it shall mean regularly
 3           scheduled workdays and paid holidays of the particular employee.
 4
 5           b. New employees and employees re-enrolling in a health/vision plan, at
 6           work prior to September 16 of a school year, who submit an application
 7           during the September open enrollment period, shall be provided health/vision
 8           plan coverage effective October 1.
 9
10           c.   New employees (including twelve [12]-month employees) hired at any
11           time other than at the beginning of the school year, who submit an application
12           on or before the thirty-first day of employment, shall be provided
13           health/vision plan coverage effective on the first day of the second month
14           following the date of employment. Late applicants (application received after
15           the thirty-first day of employment, but prior to sixty [60] calendar days
16           following employment) shall be provided health/vision plan coverage effective
n            on the first day of the third month following the first month of employment.
18           Applications received later than sixty (60) calendar days after the first day of
19           employment shall not be accepted and the employee must apply during the
20           next September open enrollment period in order to receive health/vision plan
21           coverage.

22
23           d. All employees on the payroll one-half or more of the paid days in a month
24           (September through June) shall receive health/vision plan coverage for the
25           second month following such month (November through August).
26
27           e.    An employee on the payroll for one-half or more of the paid days in June
28           and returning to the payroll within the first ten (10) paid days in September
29           shall receive health/vision plan coverage through September and October.
30
31           f.    Effective December 1, 2005, the entirety of paragraph 19 shall expire.
32

33     20. As a condition of eligibility to receive health/vision benefits, each participant
34     (including the subscriber on his/her own behalf and on behalf of his/her dependents
35     under the age of eighteen [18] and the subscriber's dependents over age eighteen
36     [18]) agrees to execute a waiver of confidentiality to the employer which authorizes
37     the employer to examine, for auditing purposes only, all individual claims
38     documentation excluding treatment records and operative reports prepared by the
39     provider.
40
41     Auditing     procedures   will   be   conducted   in   a   manner    which   maintains   the
42     confidentiality of patient's medical record(s) and condition(s).




     PAMPS                                       43                             7/01/05 - 6/30/07
     PART III - SECTION B




 1
 2       21. Commencing on the date this agreement is executed, the Union shall be
 3       informed in advance of any change in any benefit of any health or dental plan
 4       contained in this collective bargaining agreement. In addition, the Union shall be
 5       provided with a copy of any communication or any directive to a TPA or vendor
 6       which changes any benefit of any health or dental plan contained in this collective
 7       bargaining agreement. Should an arbitrator determine that this agreement has been
 8       violated, the Board shall pay the full cost of arbitrating each dispute, including
 9       reasonable attorney's fees incurred in enforcing this provision.
10
n       22. HEALTH AND PRODUCTIVITY MANAGEMENT.                           A health and
12      productivity management (H&PM) program shall be established to promote the
13      health and well-being of MPS employees, retirees, and their dependents as defined
14      herein. This program may eventually contain additional components, such as an
15       injury prevention (worker* s compensation) component.
16
17      The    program    shall   be   voluntary   and   will   incorporate   an    integrated   care
18       management component which shall be implemented to include, but not limited to,
19       the following:    an annual health risk assessment (HRA),             a nurseline/health
20       advocacy, health coaches, benefit communications, medical self-care, consumer
21       health education, advanced directives, preventive medical benefits, targeted at-risk
22       intervention, high risk intervention, disease management, case management, and
23       maternity case management.
24
25      The program shall initially be implemented as follows:
26
27            a.  PAMPS and the Board agree to continue to participate in a joint health
28            and productivity management committee comprised of nine (9) members, one-
29            third of whom are designated by the superintendent, one-third by the MTEA,
30            and one-third by other MPS unions, to provide ongoing oversight of the
31            H&PM program. Committee meetings shall be jointly scheduled. Whenever
32            possible, decisions shall be made by consensus among members present. If
33            consensus is not reached, decisions shall require a majority vote of members
34            present.   MPS shall provide technical assistance and data required to oversee
35            the program.
36

37            b.  The parties agree to the creation and implementation of an integrated care
38            management component of the H&PM plan for active employees, their
39            spouses and dependents, non-Medicare retirees, and non-Medicare dependents
40            enrolled in an MPS health plan. Case management, lifestyle management, and
41            wellness activities shall be available.    The agreed upon H&PM plan
42            components shall go into effect no earlier than on June 1, 2007. *         In the first




     PAMPS                                         44                              7/01/05 - 6/30/07
                                                                     PART III - SECTION B




 1           year of the H&PM program, employees and their dependent spouses and non-
 2           Medicare retirees and non-Medicare spouses shall be eligible to complete an
 3           HRA effective June 1, 2007. The parties agree that SHPS, Inc., as third party
 4           administrator, shall provide the integrated care management component. The
 5           parties further agree that to the extent that any of the above services are
 6           duplicated by a current third party administrator, such provision shall cease.
 7

 8           *The effective date of the applicable model shall be when a minimum
 9           complement of two thousand six hundred (2,600) eligible active employees
10           and spouses are represented by unions participating in the applicable model.
11
12           c.   During the open enrollment period for health insurance in September,
13           2008, and annually thereafter, MPS employees, non-Medicare retirees, and
14           non-Medicare spouses shall be asked to complete an HRA. New employees
15           hired after September 15, and their spouses, will have thirty (30) days to
16           complete the HRA after MPS sends them notice of the HRA requirement.
17

18           d.   Any and all information submitted by, or acquired about, individual
19           participants shall be held strictly confidential by the H&PM program vendors.
20           No medical information furnished to the H&PM vendors, which is identifiable
21           as being submitted by an individual participant, shall be furnished to either the
22           Board or the union.
23
24           e.  To encourage voluntary participation, an employee and spouse who
25           complete an HRA in program year 1 shall receive an incentive payment of
26           fifty dollars ($50) to the employee's health reimbursement arrangement
27           account. Each employee who completes the activities as outlined in the Board
28           Proposal on Incentives for H&PM Integrated Care Component dated March 9,
29           2007, for program year 2 and program year 3 shall receive an incentive
30           payment of either fifty dollars ($50) or one hundred dollars ($100) per
31           program year to the employee's health reimbursement arrangement account.
32           Board contributions for incentive payments to an MPS sponsored health
33           reimbursement arrangement account for the employee is expressly contingent
34           upon both the employee and spouse completing the HRA.
35
36           Receipt of incentives by participants in the H&PM program on or after
37           January 1, 2008, requires, in addition to completion of the HRA (completion
38           of an HRA in 2008 shall be waived for those participants who completed the
39           same in 2007), participation in one (1) of the following:
40




     PAMPS                                     45                           7/01/05 - 6/30/07
     PART III - SECTION B




 i               1)   A case management (DSM, CM, Maternity) program:
 2

 3                    a)    Completion    of   disease/case   management         intake    assessment
 4                    within six (6) weeks of consent and
 5

 6                    b)    Completion of sixteen (16) weeks survey or the twenty-eight
 7                    (28) weeks survey for the maternity program and
 8
 9                    c)    Completion of a minimum three (3) active counseling calls
10                    during the disease/case management program and
n

12                    d)    Completion    of   a   minimum    of     one   (1)   goal     during    the
13                    disease/case management program.
14

15               2)   The lifestyle management program:
16

17                    Completion of phone coaching within an eight (8) to twelve (12)-
18                    month period.  (The completion of three [3] calls and achieving
19                    short-term goal.)
20
21               3)   The wellness activity/mail-based lifestyle management:
22

23                    Either the completion of a recommended mail-based lifestyle
24                    management program within a six (6)-month period (participate in a
25                    six [6]-month program and complete surveys),
26

27                    Or    completion    of wellness   activities    which      shall    require   the
28                    participant to complete at least three (3) six (6)-week online healthy
29                    living programs and do post assessments.
30

31           A twenty-five dollar ($25) cash payment equivalent shall be made by the
32           H&PM vendors to non-Medicare retirees and their non-Medicare dependent
33           spouses who have each completed HRA's.
34

35           f. Unless otherwise specified in writing by the parties, net savings from the
36           H&PM plan effective June 1, 2007, and thereafter, shall be shared subject to,
37           and in accordance with, the following:
38

39               1)   The    integrated care management       third party administrator             will
40               calculate and report the program performance results for the applicable
41               model.     The Board's consultant and the consultant jointly retained by the
42               unions participating in applicable model shall jointly determine the net




     PAMPS                                         46                             7/01/05 - 6/30/07
                                                                    PART III - SECTION B




 1               savings attributed to the applicable model of the H&PM program.      Costs
 2               for consultant services shall be paid by each party respectively.
 3
 4               2) Net savings shall be determined on the basis of the district1 s fiscal
 5               year (July 1 - June 30) commencing FY08. Net savings shall be the
 6               amount remaining after payment of incentive payments and the Board's
 7               operating expenses of the H&PM program including, but not limited to,
 8               all related consulting fees, communication and printing expenses, and the
 9               salary and benefit costs of the MPS H&PM coordinator.
10
11               3) In recognition of the implementation costs associated with the H&PM
12               program, the Board shall retain all H&PM net plan savings for FY08.
13
14               4) Net savings realized commencing in FY09 shall be shared by the
15               Board and each union participating in the applicable model subject to each
16               of the following requirements for the fiscal year for which net savings are
17               being calculated:
18
19                   a) The union must be participating in the H&PM program for a
20                   minimum of the entire preceding fiscal year to be eligible to receive
21                   net savings.
22
23                   b) Participation of bargaining unit members of all the unions in the
24                   applicable model must be no fewer than one thousand six hundred
25                   ninety (1,690) active employees and/or their spouses in the H&PM
26                   program with participation defined as completion of the health risk
27                   assessment.

28
29               5) Program performance results reported from the H&PM third party
30               administrator, commencing FY09 and thereafter, shall be made available
31               to the Board's and the unions' consultant within two (2) weeks of receipt
32               by the Board.    The consultants shall have up to sixty (60) days to
33               complete their joint determination.
34
35               6) The agreed upon net savings commencing FY09 and thereafter, shall
36               be shared equally by the Board and the unions participating in the
37               applicable model.
38
39           g. If the program fails to generate net savings, the joint health and
40           productivity management committee shall meet to discuss recommended
41           changes/adjustments to the program which are projected to control healthcare
42           costs and encourage employees to engage in healthy lifestyles.



     PAMPS                                    47                          7/01/05 - 6/30/07
     PART III - SECTIONS B,C




 1

 2             h.  This agreement shall continue in force and effect, unless after a
 3             determination of failure to generate net savings, the Board provides to the
 4             union written notice of intent to terminate one (1) year in advance of such
 5             termination.
 6
 7             i.   Implementation of this agreed H&PM program shall go into effect on the
 8            date set out above, without regard to the status of any ongoing negotiations
 9             between the Board and union on a successor collective bargaining agreement.
10

n    C.   LIFE INSURANCE
12
13   Effective November 1, 2004, the Board shall provide group life insurance for active
14   employees in an amount of coverage equal to annual earnings to the next even thousand
15   dollars, subject to the following changes:
16
17        1.   The Board shall continue in effect, as at present, the life insurance provisions
18        for enrolled employees with thirty (30) years of service who take an immediate
19        annuity before age sixty-five (65).    In addition, the Board agrees that enrolled
20        employees who take an annuity at age fifty-five (55) or after with fifteen (15) years
21        or more of service may retain full life insurance coverage by paying the full premium
22        for such coverage until age sixty-five (65).
23
24        2.   At attainment of age sixty-five (65) and thereafter, life insurance, as specified
25        below, is provided to enrolled retired employees in accordance with paragraph 1
26        above. On March 1, following the sixty-fifth birthday, life insurance coverage is
27        reduced to seventy-five percent (75%) of original coverage; on March 1, following
28        the sixty-sixth birthday, it is reduced to fifty percent (50%) of coverage; and on
29        March 1, effective November 1, 2004, following the sixty-seventh birthday and
30        thereafter, coverage is reduced to twenty-five percent (25%) of original up to a
31        maximum of twenty-five thousand dollars ($25,000).
32

33        3.  At attainment of age sixty-five (65) and thereafter, life insurance as specified
34        below is provided, without cost to enrolled active employees.         On March 1,
35        following the sixty-fifth birthday, life insurance is reduced to ninety-two percent
36        (92%) of coverage otherwise in force;          on March 1,   following the sixty-sixth
37        birthday, it is reduced to eighty-four percent (84%) of coverage otherwise in force;
38        on March 1, following the sixty-seventh birthday, it is reduced to seventy-six percent
39        (76%) of coverage otherwise in force; on March 1, following the sixty-eighth
4o        birthday, it is reduced to sixty-eight percent (68%) of coverage otherwise in force;
41        on March 1, following the sixty-ninth birthday, it is reduced to sixty percent (60%)
42        of coverage otherwise in force; and on March 1, following the seventieth birthday




     PAMPS                                        48                           7/01/05 - 6/30/07
                                                                   PART III - SECTIONS C,D,E




 1        and thereafter, coverage is reduced to twenty-five percent (25%) of coverage
 2        otherwise in force and remains at that amount.
 3
 4   D.   PAYMENT OF SALARIES
 5
 6   Employees working on a ten (lO)-month basis who wish to have their salaries paid on a
 7   twelve (12)-month basis may arrange to do so by filing a request form furnished by the
 8   Department of Human Resources.
 9
10   E.   PROTECTION OF EMPLOYEES
11
12        1.   ASSISTANCE IN ASSAULT CASES
13
14             a.  Where possible, employees shall report all cases of assault suffered by them
15             in connection with their employment to their immediate supervisors/building
16             administrators within two (2) workdays.
17

18             b. The superintendent shall inform the psychologist immediately of his/her
19             rights under the law and shall provide such information in a printed document to
20             include the rules of the Department of Industry, Labor and Job Development.
21
22             c.   If an employee who has been assaulted wishes to file a complaint against
23             the student, the police shall be called immediately by the principal so that the
24             police may properly investigate and find witnesses to the act.
25
26             d. The Office of the Superintendent shall request the city attorney's office in
27             all such cases to notify the employee of his/her readiness to assist the employee
28             as follows:
29
30                  1)   By   obtaining   from   police   and/or   from   the   principal   relevant
31                  information concerning the assailant.
32
33                  2)   By accompanying the employee in court appearances.
34
35                  3)   By acting in other appropriate ways.
36
37             e.   No employee shall be required to subject himself7herself to any clear and
38             imminent danger to his/her safety.
39




     PAMPS                                          49                           7/01/05 - 6/30/07
     PART III - SECTION E




 l       2.   LEGAL COUNSEL
 2
 3            a.   The Board agrees to provide legal counsel to defend any employee in a civil
 4            action arising out of an alleged assault on or by an employee which occurs in
 5            connection with his/her employment or any disciplinary action taken against the
 6            student by the employee, where the superintendent finds that the employee acted
 7            in accordance with the disciplinary policy established by the Board.
 8
 9            b. In the event the city attorney1 s office is unable to defend the employee, the
10            Board agrees to provide ninety dollars ($90) per hour to aid in the defense of
11            any employee in a civil or criminal action, arising out of disciplinary action
12            taken by the employee in connection with his/her employment provided such
13            employee is found not guilty in criminal action, or judgment is rendered against
14            the other party in a civil action, or if the case is dismissed.
15
16            c.   If the employee is ordered to the district attorney's office, a warrant has
17            been requested, or a complaint filed, the employee shall immediately notify
18            PAMPS and the director, Labor Relations. If the warrant is refused and the
19            Board was unable to furnish legal counsel, the Board will pay seventy dollars
20            ($70) per hour to the employee for the attorney who defended the employee.
21

22       3.   INSURANCE
23
24            a.  Liability coverage consisting of at least the same benefits,        shall be
25            continued in the amount of five million dollars ($5,000,000).
26
27            b.   In accordance with the personal property policy, the Board will reimburse
28            employees against loss or damage to personal property used in the course of
29            employment in buildings operated by the Board, arising from theft, fire, or
30            willful damages, not to exceed one hundred fifty dollars ($150) on any one (1)
31            occurrence.

32
33            c.   The Board will provide insurance to cover malicious damages to
34            employees' cars while parked at school during school hours or while on school
35            business. Such policy will not cover the first fifty dollars ($50) of damage in
36            any one (1) incident.
37
38       4.    COMPENSATION FOR LOST TIME. If an assault on an employee covered
39       by the Wisconsin Retirement Fund results in loss of time, the employee shall be paid
40       in full for such time minus any worker's compensation, disability, social security, or
41       retirement benefits for such time, and such paid absence shall in no event be




     PAMPS                                      50                           7/01/05 - 6/30/07
                                                                     PART III - SECTIONS E,F




 1        deducted from any sick leave. In no event is it intended that compensation received
 2        under this section will exceed that received from regular salary.
 3
 4   F.   SICK LEAVE
 5
 6        1.   GENERAL PROVISIONS
 7
 8             a.  An employee shall earn sick leave at the rate of .067 hours for each hour
 9             paid of the employee1 s regularly scheduled workday during the school year.
10             Additional paid assignments during the school year are exempt from sick leave
11             accumulation. Earned sick leave hours are credited to each employee at the end
12             of each payroll period.
13
14             b. Sick leave credit hours may be earned and credited up to a maximum total
15             of one hundred (100) hours (12.5 days) per each school year.
16
17             c.   An employee1 s sick leave credits shall be accumulated to a maximum of one
18             thousand one hundred sixty (1,160) hours (145 days) at full pay and
19             accumulated thereafter to an unlimited total of hours at half pay. Accumulations
20             of full-pay and half-pay sick leave benefits shall be kept in separate accounts and
21             shall not be transferable.
22
23             d. One (1) day of sick leave may be used for illness in the immediate family
24             without a statement from a physician generally being required, but a statement
25             shall be required from a doctor giving the nature and seriousness of the illness of
26             the member of the immediate family and declaring the need for the employee to
27             be with the ill member of the family if absent for more than one (1) day.
28
29             "Member of the immediate family" is defined as husband, wife, child, stepchild,
30             brother, sister, parent, or stepparent (wherever they may reside), or other
31             relative living in the same dwelling unit.
32
33             The intent of the immediate family illness provision is to provide for the period
34             of time that the doctor certifies the necessity that the employee be with an ill
35             member of the family and/or to arrange for the care of an ill family member.
36
37             No more than five (5) days per fiscal year shall be utilized for family illness
38             purposes.

39
40             e.   Each payroll check issued for the regular employee assignment will carry
41             notice of the sick leave hours balance.    Full-pay hours and half-pay hours
42             accumulation will be expressed separately.




     PAMPS                                         51                          7/01/05-6/30/07
     PART III - SECTION F




 1
 2            f.  A tenured employee who has exhausted his/her sick leave accumulation
 3            may after the specific written approval of the Department of Human Resources
 4            use in advance a number of sick days not to exceed the number he/she would
 5            accumulate in the remainder of the current sick leave year (currently July 1
 6            through June 30). The maximum that could be used for a full sick leave year
 7            would be twelve and one-half (12.5) days. If, however, the employee resigns
 8            before the sick leave is earned, his/her last paycheck will have deducted
 9            therefrom the number of days used which have not been earned. In the event
10            that the employee's last paycheck is not sufficient to cover the number of days
11            used, which were not earned, PAMPS agrees to make the Board whole for the
12            remaining balance.
13
14       2.   SUMMER ASSIGNMENTS. Employees shall accumulate sick leave during
15       the summer at the rate of .067 hours for each hour paid. Employees may use one (1)
16       day/eight (8) hours of sick leave during that summer. Any unused sick leave
17       accumulated during the summer session will be credited to the employee's regular
18       balance at the end of the summer session. In no event shall the total accumulation
19       exceed one hundred twenty (120) hours for that fiscal year. Employees in summer
20       assignments will be allowed the prevailing funeral leave provisions.
21
22       3.   ABSENCE ON ACCOUNT OF DEATH
23
24            a.   If explicitly reported on the time sheet, absence of a regularly appointed
25            employee due to the death of a wife, husband, parent, parent-in-law, stepparent,
26            child, brother, sister, or stepchild, or relative residing in the same household
27            shall be permitted without loss of pay for not to exceed three (3) full school
28            days, provided the days are used within the calendar week (any seven [7]
29            consecutive days) starting with the day of the death.
30
31            b. In case the death of a relative, as listed in 3(a) above occurs when such
32            relative is in the armed services of the United States, these provisions may apply
33            to leave for the purpose of attending memorial or religious services held because
34            of such death, without regard to the place where death occurred or to the place
35            where services are held.
36
37            c.   Absence of one (1) day without loss of pay within the calendar week (any
38            seven [7] consecutive days) starting with the day of the death shall be permitted
39            in case of the death of a grandparent, grandchild, brother-in-law, sister-in-law,
40            son-in-law, daughter-in-law, uncle, aunt, nephew, niece, or first cousin.
41




     PAMPS                                       52                           7/01/05 - 6/30/07
                                                                      PART III - SECTION F




 1           d. Regularly appointed employees may be excused by the superintendent or
 2           his/her designee for one-half (.5) day without loss of pay to attend the funeral of
 3           a fellow employee.
 4
 5     4.   MISCELLANEOUS. A total of not more than two (2) days deductible from
 6     sick leave may be taken for one (1) of the reasons listed below. If both of these days
 7     are used for reason g below, the employee may use one (1) additional day for the
 8     reasons listed below:
 9
10           a.   A required attendance at a court proceeding,
li
12           b.   A required attendance at a legal proceeding for the purchase or sale of a
13           home in which the employee will reside.
14
15           c.   Absence due to summoning by a governmental agency, such as the Internal
16           Revenue or the draft board.
17

18           d.   Absence due to legal proceeding involving adoption of a child by the
19           employee.
20
21           e.  Absence due to the attendance at a funeral of a close friend provided,
22           however, that this time may not be used for the death of a relative or fellow
23           employee, as provided in 3 above.
24

25           f.   Absence due to travel involved in funeral attendance.
26
27           g.   Where established religious discipline makes it mandatory upon the
28           employee to desist from his/her daily occupation.
29
30           h.   Absence to attend the graduation of a son or daughter from high school or
31           an institution of higher learning.
32
33           i.  Absence which is beyond control of the employee, such as absence due to
34           an automobile accident on the way to work, fire, flooding, or other property
35           damage requiring immediate attention by the employee.
36
37           j.   Absence due to the attendance at the employee1 s wedding or the wedding of
38           the employee1 s son or daughter.
39

40           k.   In addition to the above named reasons, other emergency absences of a
41           reasonable nature may be granted by the superintendent or his/her designee.
42           Upon return to school, the employee shall acknowledge in writing the reason for




     PAMPS                                        53                         7/01/05 - 6/30/07
     PART III - SECTION F




 1            the absence and, if approved by the superintendent or his/her designee, no
 2            deduction in salary shall be made.
 3
 4       Upon return to school, the employee will acknowledge in writing that absence was
 5       due to one (1) of the enumerated reasons and shall be required to state the reason.
 6
 7       5.   PERSONAL ABSENCE DAYS. A total of not more than two (2) days per
 8       year deductible from sick leave may be used for personal absence. Personal days
 9       may be used by employees for any reason provided the days off are previously
io       approved with the employee's immediate supervisor or the supervisor is promptly
n        notified in the event the days must be used for an unexpected circumstance.
12
13      The use of personal days will be included in the calculation for incentive days.
14

15       6.   LEAVE OF ABSENCE FOR SICKNESS
16
17            a.   Employees who have become permanently employed may, in the event of
18            illness, submit to the Department of Human Resources a written statement
19            signed by a physician duly licensed to practice medicine in the state of
20            Wisconsin (or if not licensed in Wisconsin, a physician duly licensed to practice
21            medicine in the state in which located and accepted by a physician designated by
22            the employer) in which a leave of absence is recommended and setting forth the
23            nature, severity, and anticipated duration of the illness; or, in lieu thereof, may
24            request an examination by a physician designated by the employer or may
25            submit to the superintendent or his/her designee, a certificate of an authorized
26            Christian Science practitioner in which a leave of absence is recommended and
27            indicating the anticipated duration of the absence, certifying that such person is
28            under Christian Science treatment.     Upon the recommendation of a physician or
29            Christian Science practitioner to the superintendent or his/her designee, and the
30            superintendent's recommendation to the Board, and approval by the Board, such
31            person may be granted a leave of absence for illness and be entitled to
32            accumulated sick leave of full or half pay, as the case may be, to the end of the
33            semester or of the school year subject to curtailment of the leave as provided in
34            Part III, Section G(10), in this contract.
35

36            b.   In any school year, an employee in the school shall be allowed, in the event
37            of personal illness or quarantine duly so attested by the principal, thirty-two and
38            one-half (32.5) days in addition to the twelve and one-half (12.5) days provided
39            in Part III, Section F(l)(f), before a formal application for leave is required, but
40            such additional days shall be deducted from any accumulated sick leave to which
41            he/she may have previously become entitled.
42




     PAMPS                                         54                          7/01/05 - 6/30/07
                                                                        PART III - SECTION F




 1           c.   Certification of leave of personal quarantine shall be subject to the current
 2           Rules and Regulations for the Suppression and Control of Communicable
 3           Diseases issued by the city commissioner of health.
 4

 5           d.  A formal leave shall be required of an employee of the Board not later than
 6           the forty-sixth day of absence during a half year, or after an employee has
 7           exhausted his/her accrued sick leave credit if such accumulation exceeded
 8           forty-five (45) days.
 9
10      7.   SEPARATION FROM SERVICES. The present provisions for termination of
11      sick leave benefits upon separation from the service shall be continued with the
12      stipulation that when an employee returns to service within one (1) year of the date of
13      separation, he/she shall be credited with any unused accumulation of full-pay or
14      half-pay benefits.
15
16      8.   CONTROL OF SICK LEAVE
17

18           a.    Paid sick leave is a benefit provided for use in the event of bona fide
19           illness. A doctor1 s certificate shall be required after three (3) consecutive days of
20           absence. Such certification may be required for a shorter term of sick leave
21           absences, depending on the circumstances. After four (4) periods of absence,
22           the Board may require the employee to be examined by a physician of its
23           choosing at Board expense and on school time. If it is determined that the
24           employee has misused sick leave or refuses to be examined by the physician of
25           the Board's choice, the first sixteen (16) hours of absence chargeable to sick
26           leave beyond the fourth period in each school year shall be unpaid.              This
27           provision will not preclude the Board from taking other disciplinary action for
28           cause.    Part III, Section F(4), absences are exempt from inclusion for
29           determining periods of absence chargeable to sick leave.
30

31           b.   PAMPS also approves of other appropriate action taken by the Board in any
32           case of misuse of sick leave benefits.
33

34     9.    INCENTIVES
35

36           a.   Employees will earn incentive days to be taken in the subsequent school
37           year in accordance with the following schedule:
38




     PAMPS                                       55                            7/01/05 - 6/30/07
     PART III - SECTIONS F,G




 1                          Absence Hours Charged             Incentive Days
 2                                to Sick Leave                   Earned
 3
 4                                  0- 16 hours                  2.0 days
 5                               16.1 -32 hours                  1.0 days
 6
 7             b.      For purposes of determining eligibility under this provision, absences
 8             covered under Part III, Section F(4)(g), of the contract are exempt.
 9
10             c.      The personal leave days may be used by employees for any reason provided
11             the days off are previously approved with the employee's immediate supervisor
12             or the supervisor is promptly notified in the event the days must be used for
13             unexpected emergency.
14
15             d.      Personal leave days are not cumulative and must be used during the school
16             year that said day(s) were credited to the employee.
17

18             e.      Employees will be notified of incentive days prior to the end of September.
19
20             f.  If an employee does not use his/her earned incentive day(s) prior to June 30
21             of each year, the unused day(s) shall be added to the employee's sick leave
22             accumulation.
23
24             g.   If an employee so desires, he/she may choose to receive one hundred
25             percent (100%) of his/her daily rate of pay in lieu of any incentive day(s)
26             earned.     Such a request shall be made by the employee prior to May 31 of each
27             year.

28

29   G.   LEAVES OF ABSENCE
30

31        1.   FOR INJURY, COMPENSABLE DISEASE, OR OTHER CASUALTIES
32
33             a.   Any employee who in the course of his/her employment sustains a
34             compensable injury or contracts a compensable disease, under the Wisconsin
35             Worker's Compensation Law, shall be given the option to accept sick leave
36             benefits as provided in Section F above. This option, which shall be in writing,
37             may be terminated without prejudice to temporary total or temporary partial
38             disability benefits under the Worker's Compensation Act thereafter, but in no
39             case shall sick leave and disability be allowed for the same period.
40

41             b.   Any employee who is absent because of an injury or disease compensable
42             under the Wisconsin Worker's Compensation Law and who selects either




     PAMPS                                          56                           7/01/05-6/30/07
                                                                      PART III - SECTION G




 1           worker's compensation or sick leave benefits shall be entitled to receive full
 2           salary for the first eighty (80) workdays of temporary total disability in lieu of
 3           compensation under the Worker1 s Compensation Law or sick leave benefits for
 4           said period.    Such days of absence, not to exceed eighty (80) days for any
 5           individual in any calendar year, shall not be deducted from the sick leave credit
 6           of the employee. In no event will the implementation of this provision result in
 7           the receipt of compensation greater than salary.
 8
 9           c.  Leaves of absence granted to employees as a result of injury or disease
10           compensable under the Wisconsin Worker's Compensation Law shall involve no
11           change in increment date.
12
13           d. In the event any employee is prevented from performing his/her duties by
14           reason of an epidemic, fire, civil commotion within the city of Milwaukee
15           preventing the employee from reaching his/her assigned work station, acts of the
16           elements, and other casualty beyond his/her control which results in the closing
17           of the school or work station to which he/she is assigned, he/she shall be entitled
18           to receive his/her full salary, provided that during any such period, he/she shall
19           perform such professional duties as the superintendent and/or his/her designee
20           may assign to him/her.
21
22      2.   MATERNITY LEAVE
23
24           a.   TEMPORARY DISABILITY LEAVE.                    Temporary disability leave
25           constitutes the period the employee's doctor certifies she is medically unable to
26           work because of pregnancy or complications arising therefrom.               This
27           certification shall be promptly furnished in writing to the Department of Human
28           Resources.   Temporary disability leave is treated in accordance with sick leave
29           and other related provisions of this contract.
30
31           b.   CHILD     REARING       LEAVE       AFTER TEMPORARY DISABILITY
32           LEAVE. At the conclusion of temporary disability, a leave of absence without
33           pay shall be granted for any one (1) case of pregnancy, if so requested by the
34           employee, for a period not to exceed six (6) full semesters including the period
35           of temporary disability. Upon certifying to the administration the anticipated
36           beginning date of the temporary disability because of pregnancy, the employee
37           shall notify the administration in writing whether she intends to take the child
38           rearing leave beyond the period of temporary disability.      The employee may
39           change this designation at any time up to twenty (20) days after the birth of the
40           child or her original designation shall stand.
41




     PAMPS                                       57                          7/01/05 - 6/30/07
     PART III - SECTION G




 1            c.   EMPLOYEE RE-EMPLOYMENT AFTER USING OPTION b
 2            ABOVE. Employees electing leave under option b above shall be considered
 3            out of assignment and shall be returned to employment, subject to reassignment
 4            under Part III, Section G( 10) or (11).
 5
 6            d.   ADOPTION LEAVE.            An employee who adopts a child shall, upon
 7            request, be granted a leave without pay for up to six (6) full semesters.
 8
 9            e.   PATERNITY LEAVE. Upon application, fathers may be granted a leave
10            of absence for child rearing as provided in Part III, Section G(2)(b),or adoption
11            leave as provided in Part III, Section G(2)(d).
12
13       3.   JURY DUTY. Employees who are called for jury service shall receive full
14       salary during the period of absence, provided that the employees shall remit to the
15       Board an amount equal to the compensation paid to them for such jury service and
16       attach the summons to the payroll time sheet.
17
18       4.   LEAVE FOR PROFESSIONAL STUDY,                   RESEARCH, OR SPECIAL
19       ASSIGNMENTS
20
21            a.   Upon recommendation of the superintendent and approval by the Board,
22            employees having permanent tenure, who have rendered satisfactory service in
23            the MPS, may be granted a personal absence for study and research or special
24            assignments, involving probable advantage to the system, for one (1) year or for
25            one (1) semester without pay. The regular salary increment accruing during
26            such period shall be allowed, subject to the superintendent's approval of
27            evidence of the courses completed in the case of personal absence for study or of
28            research or teaching service performed in accordance with a prior approved
29            program. Personal absence of one (1) to ten (10) days per year, without pay,
30            may be granted by the Division of Special Services to allow a tenured
31            psychologist time for original research or study involving probable advantage to
32            the system. The division shall notify the employee, if the leave has been
33            granted or denied, within fifteen (15) workdays from the date of the leave
34            request.

35
36            b.   Upon recommendation of the superintendent and approval by the Board,
37            employees having permanent tenure, who have rendered satisfactory service in
38            this system for not less than seven (7) years, may be granted a leave of absence
39            for study or research for either one (1) semester or for one (1) year, subject to
40            the following provisions:
41




     PAMPS                                        58                         7/01/05 - 6/30/07
                                                                        PART III - SECTION G




 1                1)     A minimum of three (3) sabbatical leaves will be made available as
 2               requested each year. The superintendent will determine the number beyond
 3               three (3) on the basis of budgetary limitations for the following school year.
 4
 5               2)      Selection shall be based on probable advantage to the system.
 6
 7               3) They shall be paid at the rate of fifty percent (50%) of their current
 8               salary as of the date such leave starts provided they earn nine (9) credits
 9               during each semester of such leave. This amount shall be paid in equal
10               monthly installments during the period of the leave, subject to the
11               fulfillment of requirements governing study or research leave established by
12               the superintendent. In the event an employee fails to get an acceptable
13               grade in one (1) of the courses being taken or drops one (1) course being
14               taken, where such course does not exceed three (3) credits, he/she shall be
15               paid a percentage equal to the credits earned with an acceptable grade,
16               divided by the nine (9) semester credits required, multiplied by fifty percent
17               (50%) of current salary.
18
19               4)      All forms necessary and proper to carry into effect the foregoing shall
20               be furnished by the superintendent.
21

22               5)      The regular salary increments accruing during such period shall be
23               allowed, subject to the superintendent's approval of the evidence of the
24               courses completed or research performed,          in accordance with a prior
25               approved program.        Persons on sabbatical may move from one (1) pay
26               range to another as a result of gaining additional credits.
27

28           c.   Those employees voluntarily terminating their employment with MPS
29           within four (4) semesters of the completion of their sabbatical leave, for which
30           the employee received compensation under this provision, will be required to
31           return said compensation or a portion thereof, in accordance with the following
32           schedule:
33
34                Number of Semesters                             Percent of Compensation
35                        Completed                                     to Be Returned
36

37                1 or less                                                    100%
38                more than 1,
39                     Iessthan2                                               75%
40                2 or more,
41                     less than 3                                             50%




     PAMPS                                       59                            7/01/05 - 6/30/07
     PART III - SECTION G




 1                 3 or more,
 2                    Iessthan4                                                    25%
 3
 4            d.   Employees shall receive Board-paid health insurance and life insurance
 5            benefits while on sabbatical leave. However, neither vacation nor sick leave
 6            benefits shall accrue while employees are on such leave.
 7

 8       5.   CONVENTION AND PROFESSIONAL LEAVE
 9
10            a.   All employees shall be allowed to attend without loss of pay the WFT,
11            WSPA, and any other professional fall convention occurring at the same time
12            related to their role as a school psychologist. Such leaves shall be limited to a
13            maximum of two (2) days.           Employees not attending shall follow their
14            schedules.
15
16            b.   When it is evident that convention or conference attendance or the
17            observation of an activity in another school system or other professional activity
18            will contribute to the effectiveness of the psychological services program, the
19            appropriate administrator may grant convention or conference leave or
20            permission to observe an activity in another school system or other professional
21            activity to employees without loss of pay. The administration may limit the
22            same as to the time and the number of individuals involved.
23
24            c.   Employees who have submitted written applications for convention or
25            professional leave to the appropriate supervisor/administrator at least twenty
26            (20) workdays prior to the dates for which the leave is requested shall be
27            advised by the appropriate supervisor/administrator as to whether permission
28            has been granted or denied within ten (10) workdays after the date of the leave
29            request.   The above notice requirement of the appropriate supervisor/
30            administrator shall not apply if the request is submitted less than twenty (20)
31            workdays prior to the dates for which the leave is being requested.
32
33            PAMPS recognizes that there may be occasions when prior approval for
34                                                         Such revocation will occur
              convention or professional leave must be revoked.
35            for good reasons.
36
37       6.   LEGISLATIVE         LEAVE.       Upon    election   to   full-time    political   office,
38       employees shall be granted leaves of absence for a length of time to concur with the
39       term of office.   Subsequent extensions of this leave shall be granted upon re-election
40       to office or upon election to another full-time political office.            However, the
41       employee so excused shall each year, on or before the anniversary date of the
42       granting of such leave, express in writing his/her desire to remain on leave of




     PAMPS                                       60                                7/01/05 - 6/30/07
                                                                            PART III - SECTION G




 1      absence and his/her desire to return to his/her previous position upon termination of
 2      his/her term of office. No increment benefits will be gained during such period of
 3      time.
 4

 5      7.   MILITARY LEAVE
 6
 7           a.   Upon      proper   notification   to   the   superintendent   or   his/her   designee,
 8           employees, who as part of their National Guard or Reserve military obligation
 9           must attend short-term training encampments of not over seventeen (17)
10           consecutive days during the regular school year, shall be permitted to be absent
11           without loss of pay provided that their pay for such training encampment is
12           remitted to the Board.
13
14           b.   Military    leave of absence and credit therefore shall be granted                  in
15           accordance with the following:
16
17                1)   Any employee who enters any branch of the military or naval service
18                of the United States during times of national emergency shall be granted a
19                leave of absence without pay for such time (not to exceed four [4] years,
20                except as involuntarily but honorably extended) as his/her service in said
21                armed forces may be required by the United States Government.
22

23                2)   All such leaves of absence shall be applied for and granted in
24                accordance with the Rules of the Board applicable to certified and classified
25                employees and the following procedures.
26
27                3)   All such employees granted such leaves shall be deemed to have been
28                in the service of the Board during such military leaves, except for pay or
29                salary purposes, and shall be entitled to all automatic salary increments,
30                seniority, sick leave accumulations, and other benefits and privileges, if
31                any, provided in the rules, resolutions, and regulations of the Board that
32                would otherwise have accrued to them during the period of such military
33                leaves.    Upon notice of return from military leave, employees shall be
34                furnished with the necessary forms and instructions for applying for
35                reinstatement of insurance benefits.         Upon request, the employee will be
36                supplied with a statement of accumulated sick leave, including any earned
37                while on military leave.
38

39                4)   Employees serving a probationary period at the time of entry into the
40                military service shall be required, as a condition precedent to obtaining
41                permanent tenure, to render actual probationary service for the duration of
42                the probationary period.




     PAMPS                                          61                               7/01/05 - 6/30/07
     PART III - SECTION G




 1
 2              5) Any employee on military leave of absence as specified above and
 3              within ninety (90) days after his/her separation from military service or the
 4              termination of hospitalization, if any, shall, upon written application, be
 5              restored to his/her position and similar assignment in the employment of the
 6              Board, provided he/she shall furnish proof of discharge or separation from
 7              service under honorable conditions and be found by a physician, selected by
 8              the Board, to be in a satisfactory state of health for the performance of
 9              his/her duties.
10
n               6) Any employee who shall not within such ninety (90)-day period make
12              such application for restoration to his/her position shall not be entitled to be
13              restored thereto.
14
15              7)   The Board shall,       during such leave of absence in the case of
16              certificated employees, pay to the Board of Trustees of the Wisconsin
17              Retirement System, created and maintained under the provisions of Section
18              40.02(15) of the statutes, any sums that would have been payable by
19              members of said fund by means of payroll deductions during such leaves
20              (not to exceed four [4] years except as involuntarily but honorably extended
21              by the United States Government).     In the case of classified employees, the
22              Board shall, during such leave of absence, pay to the City Retirement
23              System, created and maintained under the provisions of Chapter 396 of the
24              Laws of 1936, as amended, any sums that would have been payable during
25              such leaves (not to exceed four [4] years except as involuntarily but
26              honorably extended by the United States Government).
27
28              8)   When an employee takes a pre-induction or other examination and is
29              obliged to be absent from his/her regular assigned duties in the MPS,
30              he/she shall be compensated for such absence for a period not to exceed
31              two (2) days.
32

33              9)   Employees who request a military leave during times other than a
34              national emergency shall be granted such leave for a period not to exceed
35              four (4) years.     Credit for experience on the salary schedule (increments)
36              shall be granted for those who have been honorably discharged.       However,
37              in all other respects, military leave granted under this paragraph shall be
38              treated as an extended leave without entitlements of pay or benefits.
39

4o              Should a period of national emergency be declared during the time that a
41              person is on military leave under this section, all the benefits and privileges




     PAMPS                                      62                           7/01/05 - 6/30/07
                                                                        PART III - SECTION 6




 1                 of a military leave granted during a period of national emergency shall
 2                 apply to the person upon return from military leave.
 3

 4      8.    OTHER LEAVES
 5
 6            a.   EXTENDED         LEAVES.           Any    tenured   employee     may,     upon
 7            recommendation of the superintendent, obtain a leave of absence by showing
 8            good cause therefore.      After the superintendent shall have received written
 9            notice of the employee1 s readiness to return, the superintendent shall reassign
io            the employee in accordance with the contract provisions. The employee1 s salary
n             shall begin with the first day of service under reassignment. Pending the receipt
12            of the required health certificate, the employee may serve on a day-to-day basis
13            at his/her regular salary.
14
15            b.   PERSONAL ABSENCE WITHOUT PAY
16
17                 1)   Any employee who so requests may be granted personal absence of a
18                 reasonable nature without pay, providing that adequate provision has been
19                 made to assure the continuity of the instructional program or school
20                 psychological services for the work assignment of the employee.         Request
21                 for personal absence shall be made in writing at least fourteen (14) calendar
22                 days in advance of the effective date of the leave, except in emergency
23                 situations. The final decision to grant or not to grant such leave will be that
24                 of the superintendent or his/her designee.
25
26                 2)   One (1) day personal leave of absence per semester may be granted
27                 provided at least five (5) days' notice is given by the employee except in the
28                 case of an emergency.        Requests shall be submitted to the employee's
29                 immediate supervisor, and the employee shall be notified of the action taken
30                 within two (2) workdays of the request.
31

32     9.   DURATION OF LEAVES. No leave of absence, except for maternity or
33     adoption, shall continue in force beyond one (1) year. The total time allowed for
34     leaves of absence, except for legislative leaves, shall not exceed three (3) years in the
35     aggregate within any seven (7)-year period.
36

37      10.   CURTAILMENT OF LEAVE
38

39            a.   At the request of an employee and upon presentation of a certificate of a
40            satisfactory state of health for public school service from a physician of the
41            employee's choice or a physician designated by the employer, the superintendent




     PAMPS                                       63                            7/01/05 - 6/30/07
     PART III -     SECTION G




 1             and/or his/her designee may curtail a leave of absence, and the employee shall
 2             be returned to an assignment. City Service Rules will apply where appropriate.
 3
 4             b.   Maternity leaves may be curtailed after the loss or death of the child.
 5
 6       11.   RETURN AFTER LEAVE OF ABSENCE
 7
 8             a. Employees who have been granted any type of leave of absence shall notify
 9             the superintendent in writing on or before the fifteenth day of December or first
10             day of July preceding the opening of the semester following the expiration of
11             leave of their intention to resume work at the beginning of the ensuing school
12             semester.     Any employee returning from leave must present to the
13             superintendent a certificate of satisfactory state of health for public school
14             employee service from a physician of the employee's choice or a physician
15             designated by the employer before reassignment by the superintendent. Pending
16             the receipt of the required health certificate, such person may serve on an
17             interim basis.    The health examination will not be required for employees
18             returning from an approved study leave.
19
20             b. All employees returning from any type of leave of absence and who have
21             given notice pursuant to paragraph a above, shall be restored, except as
22             otherwise provided in the contract:
23
24                   1)   Where a vacancy exists, to the same position they held at the time the
25                  leave was granted.
26
27                  2) Where such vacancy does not exist, employees shall be returned to a
28                  similar position to that held at the time the leave was granted. The situation
29                  described herein will be accomplished by the employer hiring a limited
30                  term employee to fill the vacancy that resulted from granting the leave.
31
32       12. VIOLATION OF LEAVE OF ABSENCE PROVISIONS. Violation of any
33       of the provisions relating to sick leave or leaves of absence by an employee or the
34       making of a false report regarding any type of leave shall subject the employee
35       committing such violation or making such false reports to disciplinary action by the
36       superintendent or his/her designee and shall constitute a cause for discharge,
37       suspension without pay, or demotion, subject to the Board Rules governing such
38       actions.
39




     PAMPS                                        64                            7/01/05 - 6/30/07
                                                              PART III - SECTIONS H,I,J,K,L




 l   H.   TAX SHELTERED ANNUITY
 2
 3   The Board will authorize bargaining unit members to make contributions to the tax
 4   sheltered annuity plans of the Wisconsin Retirement System - Employee Trust Fund and
 5   the three (3) private companies presently authorized and/or the tax sheltered annuity plans
 6   and other payroll deduction plans of private companies available through the present plan
 7   administrator or any other successor plan administrator. The plan administrator is subject
 8   to the contract between the Board and PAMPS in its administration of tax sheltered
 9   annuities.
10

n    I.   HOLIDAYS
12
13   Full-time salaried employees will be paid for each of the following holidays: Labor Day,
14   Thanksgiving Day, and Memorial Day.
15
16   J.   DEATH BENEFIT
17

18   Upon death in service, the full amount of unused accumulated vacation time, not to
19   exceed that earned in one (1) year, will be added to the last check sent to the survivor.
20

21   K.   SEVERANCE PAY
22

23   Upon retirement, employees shall be paid up to forty (40) accumulated full days of sick
24   leave in excess of seventy percent (70%) of maximum full-day accumulation.         Half days
25   are not convertible for this purpose.
26

27   L.   PAMPS SPONSORED INSURANCE PLAN
28

29   The Board shall provide voluntary payroll deductions for two (2) PAMPS sponsored
30   insurance plans to all members of the bargaining unit.
31

32        1.   The Board shall provide two (2) copies of a separate deduction report for the
33        insurance plan which shall be arranged alphabetically.
34

35        2.   The separate deduction report shall be provided to PAMPS within five (5)
36        workdays after the pay date and shall be accompanied by a remittance for the amount
37        of the payroll deduction.
38

39        3.   Deductions for PAMPS sponsored insurance plans shall be made on the same
4o        schedule as the PAMPS dues deductions are made. Each deduction shall be the same
41        amount unless a new authorization card is submitted specifying the new amount to be
42        deducted.




     PAMPS                                        65                            7/01/05 - 6/30/07
     PART III - SECTIONS L,M
     PART IV - SECTIONS A,B,C




 1
 2        4.      The insurance plan deduction will begin on the biweekly payroll check
 3        following the submission of an authorization card to central services. The Board will
 4        continue to process cards within six (6) workdays prior to the payroll check date.
 5        Under certain circumstances, more time may be required, up to ten (10) workdays.
 6
 7   M.   DEPENDENT CARE ASSISTANCE PROGRAM
 8
 9   Effective January 1, 1993, the Board will offer a program for all PAMPS employees
10   known as the "Dependent Care Assistance Program." The program will allow employees
11   of PAMPS to apply pre-tax earnings, through Board deduction of employee funds, toward
12   the cost of dependent care expenses. The Board will select the vendor that administers
13   this plan.
14
15   It is understood that this program will be contingent on the federal government continuing
16   to allow favorable tax treatment for dependent care expenses. It is also understood that
17   the Board's liability will be limited to payment of start-up and administrative fees, if any.
18
19
20                                            PART IV
21

22                                  WORKING CONDITIONS
23

24   A.   WORK YEAR
25
26   The school year for school psychologists shall be two hundred (200) days. Where the
27   school year is extended, by mutual agreement, beyond two hundred (200) days, the
28   school psychologists so assigned shall have their salaries adjusted for each such workday
29   by adding 1/200 of their regular salary.
30

31   B.   WORKDAY
32

33   As professionals, it is recognized that in the performance of professional duties, hours
34   may vary from those of the traditional workday.       The normal workday will consist of
35   eight (8) hours including one (1) hour for lunch. Psychologists who wish to deviate from
36   the established time schedule may request such modification. Factors entering into the
37   decision shall be the needs of the department and starting times of the schools involved.
38

39   C.   OPEN HOUSE
40

41   One (1) open house per semester shall be considered part of the school psychologist's
42   assignment.     School psychologists who are requested by a principal to attend a second




     PAMPS                                        66                           7/01/05 - 6/30/07
                                                                       PART IV - SECTIONS C,D




 1   open house during a semester will be provided with their individual hourly rate or
 2   compensatory time at the discretion of the principal. However, if there are less than
 3   thirty (30) student attendance days left in the school year from the date of the open house,
 4   the school psychologist may be provided with either his/her individual hourly rate or
 5   compensatory time at the request of the school psychologist or the principal and
 6   concurrence of the other party. If any compensatory time is provided, it must be used by
 7   the end of the school year. School psychologists who are not able to use compensatory
 8   time granted prior to the end of the school year will be compensated at his/her individual
 9   hourly rate.
10
n    D.   REDUCTION IN WORK FORCE
12

13   When it has been determined by the Board that a reduction in the unit work force is
14   necessary, such reduction will occur in the following manner:
15
16        1.   The Board shall solicit volunteers for layoff.   Such request may be approved by
17        the Board.
18
19        2.   In the event there are no volunteers, employees shall be laid off from their
20        assignment in order of inverse seniority as a bargaining unit member.
21

22        3.   PAMPS agrees that it may be necessary to deviate from seniority as a
23        controlling factor in order that the school district may fulfill bilingual requirements.
24
25        4.   An employee on layoff retains his/her rights to return to a vacant bargaining unit
26        position for which he/she is qualified within three (3) years of his/her layoff date. At
27        the time of return under this provision, previously unused sick leave and service
28        years will be retained being reduced only for the duration of the layoff period.
29        Health insurance coverage will be reinstated effective the date of return to active
30        status.   Employees may continue in the insurance plans on a self-paid basis until
31        recall rights are exhausted.
32

33        5.   Recall from layoff will be by unit seniority giving the laid-off employee with the
34        most seniority the first option of returning to a unit position, unless it is necessary to
35        meet bilingual needs, in which case seniority will not be the controlling factor for
36        recall.
37

38        6.   Forty-five (45) days prior to an intended layoff, a preliminary notice of the
39        layoff and the anticipated number to be laid off will be furnished to PAMPS. It is
40        understood that the data furnished may be incomplete and subject to change. Five
41        (5) days prior to the notification of individual psychologists of layoff, PAMPS shall
42        be provided with the names of the psychologists identified for layoff.      An employee




     PAMPS                                         67                            7/01/05 - 6/30/07
     PART IV - SECTIONS D,E




 1        to be laid off shall receive notice as soon as the layoff is determined but at least thirty
 2        (30) days in advance.
 3
 4        7.   An employee will have fifteen (15) days to respond to the recall notice, and a
 5        maximum of thirty (30) days to report to work. A total maximum number of days to
 6        report to work from the initial recall notice shall be forty-five (45).
 7

 8        Recall notices shall be in writing and sent by certified mail to the last known address
 9        of the employee. The employer may hire interim psychologists from the layoff list to
io        fill positions until the recalled psychologist reports.
n

12   E.   SENIORITY
13
14        1.   An employee's seniority shall be the length of continuous service in the
15        bargaining unit, commencing with the first date the employee began working.
16
17             a.   Prior to June 1, 2004, if two (2) or more employees began working on the
18             same date, the following criteria shall be applied to determine seniority date.
19
20                  1)   The date on which the employee was offered a contract of employment
21                  will determine the most senior employee.
22

23                  2) Where the date of offer is the same, then the date the employee
24                  returned the accepted offered contract of employment will determine the
25                  most senior employee.
26
27                  3)  Where the date of return of the accepted offer of employment is the
28                  same, then the time of return of the accepted offered contract of
29                  employment will determine the most senior employee.
30
31            b.   After June 1, 2004, when two (2) or more employee begin work in the
32            same semester of a school year, the date the employee was formally
33            recommended to the Department of Human Resources, in writing, by the
34            Division of Special Services, will determine the most senior employee.
35
36             Where the date of formal recommendation is the same for multiple employees,
37            the recorded time of the formal recommendation shall determine the most senior
38            employee.
39

40             c.   For the limited purposes of ranking on the seniority list, employees shall
41            accrue seniority while on layoff or sabbatical leave.
42




     PAMPS                                          68                            7/01/05 - 6/30/07
                                                                      PART IV - SECTIONS E,F




 1        2.   Those employees voluntarily transferring out of the bargaining unit and
 2        returning to the unit within three (3) years shall be credited with seniority
 3        accumulated as a school psychologist within MPS.
 4
 5        3.   Supervisors who were once part of the psychologists' unit (PAMPS and ASC)
 6        shall have rights to return to the bargaining unit. Their seniority shall be the number
 7        of years served in the unit, plus three (3). Any psychologist on layoff as a direct
 8        result of the return of a supervisor to the bargaining unit will receive medical, dental,
 9        and life insurance paid as specified in the contract for one (1) year from the date of
io        the layoff.
li

12   F.   EMPLOYEE EVALUATION
13
14        1.   Evaluations of school psychologists shall be made by the appropriate
15        administrator/supervisor in the Division of Special Services with written input from
16        the school principal(s) and the special education supervisor(s).
17

18        2.   Bargaining unit members shall not evaluate each other.
19
20        3.   a.   New employees shall be employed on probation for four (4) years. Upon
21             satisfactorily completing four (4) consecutive years of service as a psychologist,
22             working at least forty-five (45) days each semester, the psychologist shall
23             achieve tenure status.
24
25             b.   Employees on probation shall be evaluated each semester for eight (8)
26             semesters.   If a probationer should be terminated in accordance with the
27             provisions of this section, he/she shall be compensated for all remaining days in
28             the current school year.
29

30             c.   Tenured employees shall be evaluated at least every three (3) years.
31
32        4.   a.   In the event an employee does not concur with his/her evaluation, the
33             employee shall, within five (5) workdays, request that PAMPS and the
34             appropriate administrator/supervisor confer with all parties to attempt to resolve
35             the problem.
36
37             A complete written statement shall be submitted in support of the appropriate
38             administrator's/supervisor's evaluation. This shall be based upon and shall
39             include the following:
40




     PAMPS                                        69                            7/01/05 - 6/30/07
     PART IV - SECTION F




 l                 1)   A sufficient number of observations and personal conferences.
 2
 3                 2)   An analysis of points of strength and weaknesses, with specific
 4                 examples.
 5
 6                 3)   Definite suggestions for ways in which improvement may be made, if
 7                 such is necessary.
 8
 9                 4)   A statement of what has been done by the supervisor to strengthen
1o                 employee's j ob performance.
n

12            b.  In the event an evaluation results in suggested correction of difficulties, a
13            follow-up evaluation shall be conducted after reasonable length of time such as
14            is required to correct the noted difficulties; such follow-up evaluation shall note
15            progress in, or compliance with, areas in need of improvement.
16
17            c.   The employee shall be informed of his/her status and the meaning of any
18            evaluation report by the appropriate administrator/supervisor before it is
19            submitted to the personnel file.         He/she shall be furnished a copy of the
20            evaluation report and be allowed to respond in writing to the evaluation, if the
21            employee so desires.      Any written response by the employee shall be made a
22            part of the original evaluation report and shall remain in the employee's
23            evaluation file in central services. Employees will be requested to sign and date
24            the evaluation report.    The employee's signature does not indicate approval, but
25            merely that it has been reviewed as set forth above.
26
27            The employee shall receive, upon request, a formal evaluation at a time other
28            than the specified times for evaluation.         However, no more than one (1)
29            additional evaluation per employee shall be required in a school year.
30

31            Where an unsatisfactory evaluation initiates a recommendation for non-renewal
32            or termination of an employee, the employee must be so informed in writing.
33            The letter shall also state the fact that the employee has ten (10) workdays to
34            request a hearing before the executive director of the Department of Human
35            Resources on the matter. PAMPS shall receive a copy of this letter. If the
36            employee requests a hearing, he/she shall be sent notice of the date set for the
37            hearing and the charges involved.    PAMPS shall be sent a copy of this notice at
38            least three (3) workdays prior to the hearing.
39

40       5.   a.   The hearing shall be held within ten (10) workdays to hear the charges and
41            the responses before the executive director of the Department of Human
42            Resources or his/her designee, at which time the employee may be represented




     PAMPS                                        70                          7/01/05 - 6/30/07
                                                                          PART IV - SECTION F




 1           by PAMPS legal counsel or any other person of his/her choosing. Within five
 2           (5) workdays of the hearing, the employee and PAMPS shall be notified of the
 3           decision relative to the charges in writing and reasons substantiating such
 4           decision. When the parties mutually agree to a delay in conferences, all time
 5           limits used in this paragraph will be adjusted to reflect this delay.
 6
 7           The superintendent shall, within five (5) workdays, review the decision of the
 8           executive director of the Department of Human Resources and issue his/her
 9           decision thereon.
10

11           b.    In cases of probationary employees, the decision of the superintendent is
12           final and binding. Notification of termination must be given to the employee in
13           writing by April 1, except employees hired for the spring semester, notification
14           shall be by June 1.
15
16      6.   In the event the superintendent decides to recommend to the Board that a
17      tenured employee's contract be terminated for the subsequent school year, he/she
18      shall so notify the employee by April 1.
19
20      7.   A tenured employee may appeal in writing the superintendent's decision to the
21      Board within ten (10) workdays.
22
23      For employees who acquire tenure prior to or on December 21, 1995, the Board
24      shall conduct a hearing within forty-five (45) workdays of the appeal. The Board
25      shall notify the employee of its decision in writing within thirty (30) days of the
26      hearing.
27

28      For employees who acquire tenure after December 21, 1995, the Board shall review
29      the superintendent's decision and issue its decision in writing within thirty (30) days.
30

31      8.   Should there be any dispute between PAMPS and the administration concerning
32     just cause for the termination of a tenured employee, it shall be subject to final and
33     binding arbitration in accordance with the final step of the grievance procedure. The
34     parties to this contract shall make all reasonable efforts to conclude the arbitration
35     hearings prior to June 15.     The arbitrator shall be requested to give his/her decision
36     prior to July 15.
37

38     9.    Practicum     Trainers   ~   PAMPS    recognizes   the   right   of the   appropriate
39     administrator of the Division of Special Services to assign the practicum trainers'
40     duties of an evaluative nature.      Such duties shall be limited to the evaluation of
41     employees for the purposes of placement of trainees. Any such evaluation shall in no
42     way bear upon the employee's permanent record.




     PAMPS                                        71                            7/01/05 - 6/30/07
     PART IV - SECTIOHS G,H,I,J




 1
 2   G.   EMPLOYEE RECORDS
 3
 4        1.   By appointment an employee or, upon the employee's approval, his/her
 5        authorized representative shall have the right to see and make copies of all
 6        information in his/her personnel file relating to his/her performance during
 7        employment in the MPS including all evaluation records.
 8
 9        2. Any recommendation letter of an administrator written specifically as a part of
10        the application procedure for a non-unit position or pre-employment
11        recommendations shall not be considered a part of the employee's evaluation records
12        and will not be shown to the employee.
13
14        3.   The employee shall be provided a copy of any material related to his/her
15        performance placed in the employee's personnel file. The employee shall have the
16        right to submit a written response to the material which shall be attached to the file
17        copy(s).
18
19   H.   PUBLIC COMMENTS
20
21   Whenever a parent or member of the public registers a written comment about an
22   employee, the appropriate administrator shall inform the employee of the nature of the
23   comment. The employee may respond in writing to the comment. Such response shall be
24   attached to the comment.     No unsubstantiated public comment will be included in the
25   employee's records.
26
27   I.   DISCIPLINARY MATTERS
28
29        1.   No employee shall be discharged or disciplined except for "just cause."
30
31        2.   The employee shall be notified in writing stating the reasons for such action with
32        a copy provided to PAMPS.
33
34   J.   CITY RESIDENCY REQUIREMENT
35
36        1.   PAMPS bargaining unit members must reside and maintain their residency
37        within the city of Milwaukee as follows:
38
39             a.    Any employee newly hired into a PAMPS bargaining unit position.
40
41             b.    Any employee who moves from another MPS position into a PAMPS
42             bargaining unit position.




     PAMPS                                         72                          7/01/05 - 6/30/07
                                                                      PART IV - SECTION J
                                                                      PART V - SECTIONS A,B




 1

 2             c.     Any employee who previously held a PAMPS bargaining unit position and
 3             returns to a PAMPS bargaining unit position.
 4
 5        2.   PAMPS bargaining unit members who were hired into PAMPS bargaining unit
 6        positions prior to February 7, 1978, shall be allowed to reside outside of the city of
 7        Milwaukee.
 8
 9
io                                              PART V
11

12                    ASSIGNMENTS, REASSIGNMENTS, AND VACANCIES
13
14   A.   ASSIGNMENT/REASSIGNMENT
15

16        1.   PAMPS recognizes the power of the superintendent to assign members of the
17        bargaining unit except as otherwise provided for in this agreement.
18
19        2.   The Board reserves the right to make reassignments as necessary, due to
20        reduction in work force, school closing, or organizational changes. However, in no
21        event will an employee be reassigned for punitive reasons unless such reassignment
22        is a result of a disciplinary action taken under Part IV, Sections F and I, of the
23        contract.
24

25   B.   TRANSFERS
26
27        1.   Employees desiring to voluntarily vacate their assignments shall notify the
28        employer on or before June 1.
29

30        2.   A list of all known assignments and vacant assignments, including special
31        qualifications, if any, as a result of "D" below shall be provided to all bargaining
32        unit members thirty (30) days after the adoption of the budget, but no later than
33        August 5.
34
35        3.   Employees shall complete and return to the employer a transfer request form no
36        later than ten (10) workdays after the mailing of the list of vacancies.   The transfer
37        request should list desired assignments, from the list of vacancies, in order of
38        priority.
39

40        4.   Employees may withdraw their transfer request at any time provided they have
41        not already been notified of their transfer.
42




     PAMPS                                         73                           7/01/05 - 6/30/07
     FART V - SECTIONS C,D




 l   C.   METHOD OF FILLING VACANCIES
 2
 3   Vacancies shall be filled as follows:
 4
 5        1.   Vacant assignments (including new positions/assignments) as per PartV,
 6        Section B(2), above, shall be offered to psychologists in order of seniority provided
 7        the psychologist is qualified and such assignment meets the needs of the school.
 8        Such vacancies shall be filled, by the first day of the work year, in accordance with
 9        seniority from a pool of employees that is comprised of the following:
10
n              - Psychologists requesting transfers per Part V, Section B(3)
12

13             — Psychologists returning from layoff
14

15             - Psychologists returning from leave
16
17             ~ Psychologists voluntarily vacating assignments per Part V, Section B(l)
18
19        2.  A list   of all vacancies available for August 5 assignment      shall be provided to
20        PAMPS at     least three (3) days prior to being disseminated to      the bargaining unit.
21        Copies of    applications shall be made available to PAMPS           prior to notices of
22        assignment    being sent out.    The employer will notify all         employees of their
23        assignment status on or before the first day of the psychologists' work year.
24
25        3.   The remaining assignments not filled or resulting from the application of Part V,
26        Section C(l), of this paragraph and/or any vacant assignment that becomes available
27        between August 5 and the second day of the work year, shall be filled by volunteers
28        from the bargaining unit in accordance with the criteria provided in PartV,
29        Section C(l).
30
31        4.   Initial assignments that become vacant after the second day of the work year
32        shall be filled by posting such positions and allowing psychologists five (5) days to
33        apply for such vacancy. These initial vacancies will be filled in accordance with the
34        criteria provided in PartV, Section C(l). Residual vacancies will be filled by the
35        department from psychologists on layoff or leave or by new hire.                   AH such
36        assignments shall be considered permanent.
37

38   D.   VACANT       POSITIONS/ASSIGNMENTS                 WILL    BE    CREATED         BY    THE
39        FOLLOWING:
40

41        1.   Retirement,   resignation,    termination,   non-renewal,   layoff,   or   leave of an
42        employee.




     PAMPS                                          74                               7/01/05 - 6/30/07
                                                                     PART V - SECTIONS D,K,F




 1

 2        2.   Newly created positions.
 3
 4        3.   Positions described in Part V, Section C(4), above.
 5

 6        4.   Voluntarily vacated positions/assignments (including transfers).
 7
 8        5.   The addition, subtraction, or exchange of a school from an employee's
 9        assignment which consisted of two (2) or more schools shall not be sufficient change
10        to warrant placement on the list of prospective reassignments identified in Part V,
n         Section C, above. Incumbent employees affected by a school assignment change
12        shall be allowed to retain the assignment which contains the school with the greatest
13        population from the previous assignment.
14

15        6.   Using the above process, reassignments will be made on a voluntary basis to the
16        extent possible.   Every reasonable effort will be made to discuss involuntary
17        reassignments with the employee before such assignment is made.
18

19   E.   RESIGNATION
20
21   All psychologists leaving their employment with the district at any time, for any reason,
22   except retirement, the employee's documented health related reason (career ending), or
23   documented health care related reasons where the employee is the primary caregiver shall
24   be required to reimburse the Board the amount of five hundred dollars ($500) as
25   liquidated damages if they have not provided written notice to the Division of Staffing
26   Services at least thirty (30) calendar days in advance of the last day to be worked.
27

28   If monies are due a psychologist from the Board as of the last day worked, the liquidated
29   damages amount may be deducted from any               remaining paychecks as a payroll
30   deduction(s).
31
32   F.   SUMMER ASSIGNMENT ROTATION
33
34        1.   No available summer position in the MPS for school psychologists shall be filled
35        by a psychologist not employed by the MPS as a regularly appointed school
36        psychologist during the regular work year for school psychologists,           except as
37        hereinafter indicated.
38

39        2.   Summer positions for school psychologists must be described and advertised by
40        May 1 in the Staff Bulletin.    A single application form for all summer work must be
41        made available in the Department of Human Resources by May 1. To be eligible for
42        summer work, psychologists must apply every year in order to be included or




     PAMPS                                         75                          7/01/05 - 6/30/07
     PART V - SECTION F




 1       maintained on the priority listing.   Failure to reapply in a timely manner each year
 2       shall result in removal from the priority listing and loss of standing on the priority
 3       listing.
 4
 5       3.   A priority list consisting of all summer applicants shall be maintained by the
 6       Department of Human Resources. All bargaining unit members who received a
 7       summer assignment the previous summer and all bargaining unit members who
 8       currently apply for summer work, but are not on the previous priority list, will be
 9       placed at the bottom of the list by seniority.
10

n        4.   Bargaining unit members not included on the priority listing, but who apply for
12       summer work shall be placed at the bottom of the listing by seniority within their
13       group of applicants.
14

15       5.   Employees should file applications for positions in the Department of Human
16       Resources by May 10.
17

18      6.    Summer positions will be filled in order of the listing by June 1 of each year.
19

20      7.    When summer positions for psychologists are available, the first psychologist on
21      the list shall have first choice for which he/she applied, the second on the list shall
22      have the second choice, etc., until all positions are filled.
23

24      8.    Subsequent to the acceptance of a summer assignment lasting longer than ten
25      (10) days or fifty (50) hours, whichever is greater, or upon the second consecutive
26      summer assignment refusal, bargaining unit members shall be placed, in turn, at the
27      bottom of the listing.
28

29      9.    School psychologists who work fifty (50) hours or less but who accumulate one
30      hundred fifty (150) hours of employment during three (3) consecutive summers shall
31      be considered as having worked one (1) full summer assignment and will be placed at
32      the bottom of the priority listing for the following year.
33

34      10.   Summer positions requiring qualifications, as determined by the Division of
35      Special Services, outside the general area of expertise for school psychologists must
36      be advertised so all qualified MPS psychologists may apply. The contracted rotation
37      system will apply in selecting qualified applicants for these special summer positions.
38

39      11.   Each school psychologist offered a summer position in writing (copy to
40      PAMPS) shall notify the Department of Human Resources of his/her acceptance in
41      writing of such position no later than ten (10) days from the date of the letter offering




     PAMPS                                        76                          7/01/05 - 6/30/07
                                                                     PART V - SECTION F
                                                                     PART VI - SECTIONS A,B




 1        such assignment.   Once a school psychologist has accepted a summer position,
 2        he/she may not apply for a second position in MPS during the same summer.
 3
 4        12. If additional summer positions become known to the Division of Special
 5        Services after May 1, PAMPS shall be notified and the above rotation system shall
 6        apply. The Division of Special Services, using a notification system of its own
 7        choice, shall fill such positions according to the priority listing. PAMPS shall be
 8        notified of any new summer positions created after May 1.
 9
10        13. If the psychologist for any reason cannot complete his/her summer assignment,
11        PAMPS shall be notified and substitutes shall be chosen in order from the remaining
12        names on the priority list. Refusing a substitute assignment shall not lower the
13        psychologist's priority number for the next year.
14
15        14. PAMPS shall receive a copy of the rotation listing by May 21 and a listing of all
16        summer assignments that have been filled by June 1 of each year.
17
18        15. Psychologists certified at the highest levels and on intensive supervision are not
19        eligible for summer work assignments. The first summer these psychologists apply
20        for summer work after being released from intensive supervision by the department,
21        they will be placed at the bottom of the list.
22

23

24                                             PART VI
25
26                      GRIEVANCE AND COMPLAINT PROCEDURE
27

28   A.   PURPOSE
29
30        1.  The purpose of this grievance procedure is to provide a method for quick and
31        binding final determination of every question of interpretation and application of the
32        provisions of this contract.
33
34        2.   The purpose of the complaint procedure is to provide a method for prompt and
35        full discussion and consideration of matters of personal irritation and concern of an
36        employee with some aspect of his/her employment.
37

38   B.   DEFINITIONS
39
40        1.   A grievance is defined to be an issue concerning the interpretation or application
41        of provisions of this contract or compliance therewith provided, however, that it shall
42        not be deemed to apply to any order, action, or directive of the superintendent or




     PAMPS                                         77                          7/01/05 - 6/30/07
     PART VI - SECTIONS B,C,D




 1        anyone acting on his/her behalf, or to any action of the Board which relates or
 2        pertains to their respective duties or obligations under the provisions of the state
 3        statutes which have not been set forth in this contract.
 4
 5        2.   A complaint is any matter of dissatisfaction of a psychologist with any aspect of
 6        his/her employment which relates primarily to wages, hours, and working conditions
 7        and which does not involve any grievance as defined above. It may be processed
 8        through the application of the first three (3) steps of the grievance procedure.
 9
10   C.   RESOLUTION OF GRIEVANCE OR COMPLAINT
n
12   If the grievance or complaint is not processed by PAMPS or the grievant within the time
13   limits at any step of the grievance or complaint procedure, it shall be considered to have
14   been resolved by previous disposition. Failure by the administration or the Board to
15   communicate their disposition in writing within the specified time limit shall permit
16   PAMPS to appeal the grievance or complaint to the next step of the grievance procedure
17   or arbitration. Any time limits in the procedure may be extended or shortened by mutual
18   consent.
19
20   D.   STEPS OF GRIEVANCE OR COMPLAINT PROCEDURE
21
22   Grievances shall be processed as outlined below. If the grievance is not pressed for
23   processing at any step of the grievance procedure within the prescribed time limits, it
24   shall be considered to have been disposed of unless there is a mutual extension of time.
25
26   FIRST STEP -- Where a complaint is involved, an employee shall, within five (5)
27   workdays after he/she knew or should have known of the incident, submit the same to the
28   appropriate administrator in the Division of Special Services orally. Where a grievance is
29   involved, the employee shall promptly, but in no case longer than thirty (30) workdays
30   after he/she knew or should have known of the incident, submit the same to the
31   appropriate administrator in the Division of Special Services orally. The employee has
32   the right to PAMPS representation in all aspects of this step of the grievance procedure.
33   The appropriate administrator shall orally respond to the grievance or complaint within
34   five (5) days.   If the grievance or complaint is not adjusted in a satisfactory manner
35   orally, the grievant or complainant shall, within two (2) workdays, submit the same in
36   writing to the appropriate administrator.    The administrator shall advise the grievant or
37   complainant of his/her disposition in writing within five (5) workdays after receipt of the
38   written grievance or complaint.    A copy of the disposition shall be sent to PAMPS, the
39   grievant or complainant, and the Division of Labor Relations.
40
41   SECOND STEP — If the grievance or complaint is not adjusted in a manner satisfactory
42   to the employee or PAMPS, within five (5) workdays after receipt of the written answer,




     PAMPS                                        78                            7/01/05 - 6/30/07
                                                                             PART VI - SECTION D




 1   then the grievance or complaint may be set forth in writing by a representative of PAMPS
 2   or the grievant or complainant. The grievance shall set forth the particular section of the
 3   contract under which the grievance is brought. Either the grievant and PAMPS shall sign
 4   the grievance or complaint or PAMPS shall sign the grievance or complaint naming the
 5   individual(s) affected. Copies of the same shall be transmitted to the director of the
 6   Division of Labor Relations, who will transmit them to the proper department head for
 7   discussion.   Such discussion shall be held within ten (10) workdays at a mutually
 8   convenient time arranged by the department head.
 9
10   Within ten (10) workdays after the discussion, the department head shall advise the
n    superintendent or his/her designee in writing of his/her disposition of the grievance or
12   complaint, with a copy for PAMPS and the grievant or complainant.
13
14   THIRD STEP - If the written grievance is not adjusted in a manner satisfactory to the
15   employee or PAMPS within ten (10) workdays of the written dispositions of the
16   department head, it may be presented to the superintendent or his/her designee for
17   discussion.  Such discussion shall be held within ten (10) workdays at a mutually
18   convenient time fixed by the superintendent or his/her designee.
19
20   Within ten (10) workdays thereafter, the superintendent shall send a written disposition to
21   PAMPS.
22
23   FOURTH STEP -- If the grievance is not adjusted in a manner satisfactory to PAMPS
24   within twenty (20) workdays of the written disposition of the superintendent, it may be
25   presented to final and binding arbitration in accordance with the following procedures.
26
27   The final decision of the impartial arbitrator,          made within the scope of his/her
28   jurisdictional authority, shall be binding upon the parties and the employees covered by
29   this contract.
30
31        1.   JURISDICTIONAL AUTHORITY.                     Jurisdictional authority is limited to
32        consideration of grievances as herein above defined.
33

34             a.     The Union shall indicate to the district, in writing, its intention to arbitrate
35             the grievance.
36
37             b.     Either party may forward to the arbitrator a copy of the grievance and the
38             other party1 s answer.
39
40             c.     The arbitrator shall fix the time and place for a formal hearing of the issues
41             raised in the grievance not later than thirty (30) days after receipt of such
42             documents unless a longer time is agreed to by the parties.




     PAMPS                                           79                            7/01/05 - 6/30/07
     PART VI -    SECTION D




 1
 2           d.   Upon the fixing of an arbitration hearing date, the parties may arrange
 3           mutually agreeable terms for a prehearing conference to consider means of
 4           expediting the hearing by, for example, reducing the issues to writing,
 5           stipulating fact, outlining intended offers of proof, and authenticating proposed
 6           exhibits.
 7
 8           e.   In those cases where either party deems it necessary, it may be arranged
 9           that a transcript of the hearing be made by a qualified court reporter. The party
10           making such arrangements shall bear the full cost thereof. The other party may
11           purchase a copy. If the impartial arbitrator requests that he/she be furnished
12           with a copy, the expense of the original copy and the reporter's attendance
13           charge shall be borne equally by the parties.
14
15           f.    The goal of the arbitration procedure is to provide prompt but judicious
16           consideration of grievances. In most grievances, the time span between hearing
17           and decision should not exceed eight (8) weeks. If briefs are to be filed, a
18           period of up to three (3) weeks should be allowed for the filing of briefs after
19           receipt of transcripts. Thereafter, the arbitrator may extend the filing date for an
20           additional two (2) weeks, upon request for extenuating circumstances. If, after
21           the initial three (3) weeks for filing briefs, either party fails to request a two
22           (2)-week extension, or if after requesting a two (2)-week extension the party
23           fails to file their brief, it shall be considered a waiver of the right to brief the
24           case and the arbitrator shall proceed to prepare and issue the award.
25
26           g.    The arbitrator's award shall be transmitted within three (3) weeks after the
27           receipt of briefs, except in very lengthy and/or complex cases.
28
29           h.    The impartial arbitrator shall lay down the rules for orderly conduct of the
30           hearing.
31
32           i.   In making his/her decision, the impartial arbitrator shall be bound by the
33           principles of law relating to the interpretation of contracts followed by
34           Wisconsin courts.
35
36           j.   The expenses of the impartial arbitrator shall be borne equally by the
37           parties, except that the party requesting reconsideration or rehearing shall bear
38           the full expenses of the impartial arbitrator incurred in such reconsideration or
39           rehearing.
40




     PAMPS                                      80                             7/01/05 - 6/30/07
                                                                     PART VI - SECTIONS D,E,F
                                                                     PART VII




 1        2.   APPOINTMENT OF IMPARTIAL ARBITRATOR. The impartial arbitrator
 2        shall be selected as follows:
 3
 4             a.   If the parties are unable to agree upon the selection of an impartial
 5             arbitrator within two (2) weeks after the notice of intent to arbitrate, either party
 6             may request a list of arbitrators from the Wisconsin Employment Relations
 7             Commission.
 8
 9             b.   If the parties cannot agree upon one (1) of the persons named on the list,
10             the striking order will be determined by the flip of a coin. The parties shall then
11             strike a name alternately until one (1) name remains.       Such remaining person
12             shall act as impartial arbitrator.
13
14   E.   PRESENCE OF COMPLAINANT OR GRIEVANT
15
16        1.   The person taking the action may be present at every step of the procedure and
17        shall be present at the request of PAMPS or the superintendent as the case may be.
18
19        2.   Grievances or complaints at the third step may be processed during the day at
20        the grievant' s school or work station. If it is impossible to schedule a meeting at the
21        grievant's work location, the employee may be released without loss of pay to meet
22        with his/her appropriate administrator.    Every effort shall be made not to absent an
23        employee from an assignment.
24

25        3.   The grievant(s) and required PAMPS representative(s) shall be released with
26        pay if the arbitration hearing is conducted during working hours.
27

28   F.   WAIVER BY THE GRIEVANT
29
30   A psychologist who elects to proceed to arbitration shall be considered to have waived the
31   right to pursue the matter in the courts, except as provided in Chapter 788, Wisconsin
32   State Statutes.
33

34

35                                             PART VII
36

37                                        NO STRIKE CLAUSE
38
39   PAMPS and the Board subscribe to the principle that differences shall be resolved by
40   peaceful and appropriate means without interruption of the school program.           PAMPS,
41   therefore, agrees that there shall be no strikes, work stoppages, slowdown, or other
42   concerted refusal to perform work by the employees covered by this contract during the




     PAMPS                                          81                           7/01/05-6/30/07
     PART VII
     PART VIII - SECTIONS A,B,C,D




 1   life of the contract.   Upon notification from the Board of any unauthorized work
 2   stoppage, PAMPS shall make public that it does not endorse such stoppage. Having
 3   given such public notice, PAMPS shall be freed from all liability for any breaches of this
 4   part.
 5

 6
 7                                            PART VIII
 8
 9                                    BASIS FOR AGREEMENT
10
n    A.      AGREEMENT ON BEHALF OF PAMPS
12
13   PAMPS hereby and herewith covenants, agrees, and represents to the Board that it is duly
14   authorized and empowered to covenant for and on behalf of all employees in the
15   bargaining unit and represents that it will faithfully and diligently abide by and be strictly
16   bound to all the provisions of this contract as herein set forth. The parties agree that in
17   conferences and negotiations, PAMPS will represent all employees in the bargaining unit.
18
19   B.      AGREEMENT ON BEHALF OF THE BOARD
20
21   The Board hereby and herewith covenants, agrees, and represents to PAMPS that it is
22   duly authorized and empowered to covenant for and on behalf of the Board and represents
23   that it will faithfully and diligently abide by and be strictly bound to all of the provisions
24   of this contract as herein set forth.
25

26   C.      AID TO CONSTRUCTION OF THE PROVISIONS OF CONTRACT
27

28   It is intended by the parties hereto that the provisions of this contract shall be in harmony
29   with the duties, obligations, and responsibilities which by law devolve upon the Board
30   and superintendent; and these provisions shall be applied in such manner as to preclude a
31   construction thereof which will result in an unlawful delegation of powers unilaterally
32   devolving upon the Board and superintendent.
33

34   D.      SAVING CLAUSE
35

36   If any part or section of this contract or any addendum thereto should be held invalid by
37   operation of law or by any tribunal of competent jurisdiction, or if compliance with or
38   enforcement of any part or section should be restrained by such tribunal, the remainder of
39   this contract and addenda shall not be affected thereby; and the parties shall enter into
40   immediate collective bargaining negotiations for the purpose of arriving at a mutually
41   satisfactory replacement for such part or section.
42




     PAMPS                                        82                            7/01/05 - 6/30/07
                                                                  APPENDIX A - SECTIONS A,B




 l                                  APPENDIX A - SALARIES
 2
 3   A.   SALARY SCHEDULES
 4
 5        1.   Effective July 1, 2005, individual rates of pay shall be increased by one and a
 6        half percent (1.5%). Effective January 30, 2006, individual rates of pay shall be
 7        increased by three-quarter percent (0.75%). Effective July 1, 2006, individual rates
 8        of pay shall be increased by one and a half percent (1.5%). Effective January 29,
 9        2007, individual rates of pay shall be increased by one and a half percent (1.5%).
10        Effective June 30, 2007, individual rates of pay shall be increased by one-quarter
11        percent (0.25%).
12
13        2.   The above salary increases shall be exclusive of any sum due for longevity or
14        possession of an earned doctorate degree.     After fifteen (15) years of creditable
15        experience with the Board, an employee shall receive one (1) one hundred dollar
16        ($100) longevity increment prorated each payroll period during the ensuing year of
17        his/her employment.    After twenty (20) years of creditable experience with the
18        Board, an employee shall receive a second one hundred dollar ($100) longevity
19        increment for a total of two hundred dollars ($200) prorated each payroll period
20        during the ensuing years of his/her employment. In addition, an employee with an
21        earned doctorate degree shall receive the sum of one thousand fifty dollars ($1,050)
22        per year, prorated each payroll period.     These increments shall remain constant and
23        be in addition to the employee1 s base salary each subsequent year.
24
25        3.   EMPLOYEES WHOSE SALARIES EXCEED THE MAXIMUM OF THE
26        RANGE.     Where an employee's annual salary on December 31, 1972, exceeds the
27        maximum of the range or where, after application of the general increase set forth
28        above, the employee's current salary exceeds the maximum of the range, the
29        employee will, nevertheless, receive the general increase but shall not receive any
30        additional service increments.
31
32   B.   PENSIONS
33

34        1.   The Board shall pay up to 6.4 percent of the gross salary of the individual
35        employees to the Wisconsin Retirement System.
36

37        2.   For those employees appointed prior to July 1, 1980, who elected to remain in
38        the "Early Retirement Supplement and Benefit Improvement Fund," the MPS will
39        continue to provide funds to a plan to permit early retirement and to improve the
4o        retirement benefits for employees covered by the Wisconsin Retirement System. The
41        basis for this "Early Retirement and Supplement and Benefit Improvement Fund"
42        shall be governed by the actuarial report provided to MPS by the A. S. Hansen Co.




     PAMPS                                       83                             7/01/05 - 6/30/07
     APPENDIX A - SECTIONS B,C




 1        The provisions and assumption of Exhibit No. 14, Schedule D, with thirty (30)-year
 2        funding of the Hansen actuarial report are to be utilized in computing the "Early
 3        Retirement Supplement and Benefit Improvement Fund."
 4
 5        3. This agreement shall be governed by the provisions contained in the
 6        "Milwaukee Board of School Directors' Early Retirement Supplement and Benefit
 7        Improvement Fund" effective January 1, 1978, and all subsequent amendments made
 8        thereto.
 9
10        4.  As long as there are members of PAMPS participating in the "Early Retirement
11        Supplement and Benefit Improvement Fund," PAMPS is entitled to one (1)
12        representative who shall serve on the committee established to manage the affairs of
13        the retirement fund in an ex officio capacity without voting privileges. It is further
14        understood that said representative must be a current participating member of the
15        "Milwaukee Board of School Directors' Early Retirement Supplement and Benefit
16        Improvement Fund."
17
18        5.   The "Early Retirement Supplement and Benefit Improvement Fund" will begin
19        making payment starting July 1, 1978.
20
21        6.   An employee involuntarily returned to a unit not covered by this plan may
22        continue in the plan on a self-pay basis.
23
24        7.  Effective July 1, 1984, each employee who is a member of the Wisconsin
25        Retirement System and elected to continue participation in the "Early Retirement
26        Supplement and Benefit Improvement Fund" will pay twenty percent (20%) and the
27        Board will pay eighty percent (80%) of the required contribution to the "Early
28        Retirement Supplement and Benefit Improvement Fund."
29
30        8.   Employees appointed after July 1, 1980, shall not be eligible for participation in
31        the "Early Retirement Supplement and Benefit Improvement Fund."
32
33   C.   TRANSPORTATION ALLOWANCE
34
35   The Board shall apply the uniform transportation policy for employees providing
36   reimbursement for authorized travel of $10,125 per day for "citywide" authorized and
37   reported travel or eight dollars and ten cents ($8.10) per day for "areawide" authorized
38   and reported travel. Employees will have an option of selecting once yearly an alternative
39   of 40.50 on November 1 of each year for the succeeding calendar year and must be
40   continued through the entire calendar year. The flat rate will be subject to the normal
41   determination of travel which may include a list of destinations or schools to which an
42   employee traveled. Selection of the 40.50 per mile option will necessitate the employee




     PAMPS                                            84                       7/01/05 - 6/30/07
                                                                    APPENDIX A - SECTIONS C,D




 1   filing a detailed statement on forms provided by the Board of monthly destinations, times
 2   traveled, and odometer readings. In the event the IRS increases the allowable mileage
 3   rate, this higher rate shall replace the 40.50. The daily rate will also be adjusted to reflect
 4   this increase.
 5

 6   D.   TUITION REIMBURSEMENT
 7

 8   Employees shall be entitled to reimbursement for the cost of tuition and/or similar fees
 9   incurred by the employee, for any course, seminar, or workshop taken which relates to
io   his/her assignment as a psychologist subject to the following limitations:
11

12        1.   Application for reimbursement must be made to the Department of Human
13        Resources prior to the completion of the activity for which funds are requested.
14

15        2.   All courses, seminars, and workshops must be taken on the employee's own
16        time and not during working hours unless prior approval is obtained from the
17        appropriate administrator.
18

19        3.   No more than three (3) seminars or institutes taken in any fiscal year (July to
20        June) will qualify for reimbursement under this provision unless prior approval of the
21        appropriate administrator is obtained.
22

23        4.   Total reimbursement under this provision for any employee shall not exceed one
24        thousand six hundred dollars ($1,600) per fiscal year (July to June).
25

26        5.   Those employees voluntarily terminating their employment with the MPS within
27        one (1) year of the completion of courses, seminars, or workshops for which the
28        employee      received   tuition   reimbursement   will   be   required    to   return   said
29        reimbursement to the employer as follows:
30

31             a.     If the amount of tuition reimbursement is two hundred fifty dollars ($250)
32             or less, no return will be required.
33

34             b.   If the amount of tuition reimbursement is more than two hundred fifty
35             dollars ($250), all of said tuition reimbursement (including the two hundred fifty
36             dollars [$250]) must be returned to the employer.
37

38             c.     Employees voluntarily terminating after one (1) year but less than two (2)
39             years as prescribed above shall be required to return one-half (.5) of said
4o             reimbursement to the employer.
41




     PAMPS                                            85                            7/01/05 - 6/30/07
     APPENDIX A - SECTIONS D,E,F,G




 1        6.   Psychologists on layoff shall be eligible for tuition reimbursement for college
 2        courses taken for purposes of retraining for two (2) semesters during layoff. Such
 3        reimbursement shall be within current contract limitations. Appendix A, Section
 4        D(5), shall not apply.
 5
 6        7.   The Board shall approve eligible applications within budget limitations as
 7        follows:
 8
 9             July 1, 1989 - $45,000
10
11   E.   HOURLY RATES
12
13   The hourly rate for employees when on extra assignments shall be the employee's
14   individual hourly rate.
15
16   F.   SUMMER WORK
17

18   Five (5)-hour summer assignments shall be paid at seventy percent (70%) of the
19   employee's daily rate. Other summer assignments shall be paid at the employee's
20   individual hourly rate.
21

22   G.   INSERVICE/ADDITIONAL             ASSIGNMENTS/BUILDING              COORDINATOR
23        DUTIES
24
25        1.   Psychologists teaching approved inservice courses outside the regular workday
26        will be paid at their individual hourly rate. The Board will grant payment for up to
27        twelve (12) hours of preparation time. At the request of the psychologist or the
28        department and concurrence of the other party, compensatory time may be given.
29        Such time will be accumulated and used in four (4)-hour blocks except for any
30        accumulations of time less than four (4) hours.
31

32        2.   Psychologists performing assignments in addition to and outside of the regular
33        workday and regular psychologist work responsibilities shall be granted
34        compensatory time or be paid at their individual hourly rate, at the discretion of the
35        Division of Special Services or the individual school, for such assignments if the
36        psychologist has received prior written authorization from the Division of Special
37        Services or the individual school to engage in such assignment.
38

39        Compensation shall be hour for hour and limited to actual hours of work (preparation
4o        time shall not be considered as compensable).
41




     PAMPS                                       86                           7/01/05 - 6/30/07
                                                                   APPENDIX A - SECTIONS G,H
                                                                   APPENDIX B




 1        3.    All compensatory time earned as a result of number 2 above may be taken only
 2        with the approval of the Division of Special Services or the individual school and
 3        must be taken by the end of the school year or said time shall be forfeited. The time
 4        limit, contained herein, may be extended by mutual agreement of the parties.
 5
 6        4.   Effective July 1, 2005, when performing LEA duties (re-evaluations or annual
 7        IEP only) at IEP team meetings, school psychologists will be compensated for one
 8        (1) hour per case at a rate of thirty-four dollars ($34) per hour. A case is defined as
 9        all IEP meetings related to the same student during a fiscal year.
10
11        5.   Effective June 30, 2007, all school psychologist assignments shall include
12        building coordinator duties. The parties agree to establish a joint labor management
13        committee comprised of three (3) members appointed by the Board and three (3)
14        members appointed by PAMPS.            The committee shall develop and report
15        recommendations regarding the across-the-board implementation of the building
16        coordinator duties no later than July 30, 2007.
17

18   H.   UNDERFILLING
19
20   Psychologists who underfill for supervisors or administrators will be paid eleven dollars
21   and three cents ($11.03) per day in addition to their regular rate of pay. Underfilling
22   assignments may not extend beyond the normal work year unless the parties agree
23   otherwise.
24

25

26                        APPENDIX B - PSYCHOMETRIC ASSISTANTS
27

28        1.   The workday of psychometric assistants shall consist of six and one-half (6.5)
29        hours including a one-half (.5) hour unpaid lunch break.
30
31        2.   Psychometric assistants regularly scheduled twenty (20) or more hours a week
32        shall be entitled to the following benefits:
33
34             a.   Health/Dental/Vision      insurance     benefits   contained       in   Part III,
35             Section B(l)(a) & (b),(2),(3),(4), (8),(16),(17),(18),(19), and (20).
36
37             b.   Life insurance benefits contained in Part III, Section C (first paragraph).
38
39             c.   Effective July 1, 1996, the Board shall pay 6.5 percent of the gross salary
40             of the individual certificated employees to the Wisconsin Retirement System.
41             Effective January 1, 1997, the Board shall decrease the amount paid to 6.4
42             percent.




     PAMPS                                         87                           7/01/05 - 6/30/07
     APPENDIX B
     APPENDIX C




 1

 2        3.   Psychometric assistants shall be provided transportation allowance in accordance
 3        with Appendix A, Section C, of the contract for authorized travel.
 4
 5       4.    Other provisions of the contract affecting psychometric assistants are contained
 6        in Parts I, II, IV (Section I), VI, VII, and VIII of this contract.
 7

 8        5.   The remaining contract provisions not specifically referenced in this appendix
 9        will not pertain to psychometric assistants.
10
n         6.   Qualified (having a psychologist certification) psychometric assistants who
12        temporarily assume the duties of a school psychologist shall be paid in addition to
13        their regular salary an additional fifteen dollars ($15) per day.
14

15        7.   Substitute Psychologist.     Qualified (having a school psychologist certification)
16        psychometric assistants who temporarily assume the duties of a school psychologist
17        shall be paid in addition to their regular hourly rate an additional four dollars ($4)
18       per hour up to eight (8) hours a day.
19
20
21                                  APPENDIX C - ETHICS CODE
22

23   The Board together with PAMPS recognizes that in addition to federal, state, local laws,
24   and Board policy and procedures, the professional conduct of PAMPS members is
25   governed by the standards elucidated in the ethical codes of the American Psychological
26   Association and the National Association of School Psychologists.          Specific relevant
27   principles are listed below.
28
29   The following is excerpted from the Ethical Principles of Psychologists and Code of
30   Conduct (American Psychological Association, 2002):
31

32        1.   MULTIPLE RELATIONSHIPS.                   A multiple relationship occurs when a
33       psychologist is in a professional role with a person and (1) at the same time is in
34       another role with the same person, (2) at the time is in a relationship with a person
35       closely associated with or related to the person with whom the psychologist has the
36       professional relationship, or (3) promises to enter into another relationship in the
37       future with the person or a person closely associated with or related to the person. A
38       psychologist refrains from entering into a multiple relationship if the multiple
39       relationship could reasonably be expected to impair the psychologist's objectivity,
4o       competence, or effectiveness in performing his or her functions as a psychologist, or
41       otherwise risks exploitation or harm to the person with whom the professional
42       relationship exists.




     PAMPS                                         88                           7/01/05 - 6/30/07
                                                                                    APPENDIX C




 1
 2       Multiple relationships that would not reasonably be expected to cause impairment or
 3       risk exploitation or harm are not unethical.
 4
 5       2.    Psychologists refrain from taking on a professional role when personal,
 6       scientific, professional, legal, financial, or other interests or relationships could
 7       reasonably be expected to (1) impair their objectivity, competence, or effectiveness
 8       in performing their functions as psychologists or (2) expose the person or
 9       organization with whom the professional relationship exists to harm or exploitation.
10
11       3.   If a psychologist finds that, due to unforeseen factors, a potentially harmful
12       multiple relationship has arisen, the psychologist takes reasonable steps to resolve it
13       with due regard for the best interests of the affected person and maximal compliance
14       with the Ethics Code.
15
16   The following is excerpted from the Principles of Professional Ethics and the Guidelines
17   for the Provision of School Psychological Services (National Association of School
18   Psychologists, 2000):
19
20       1.   Some school psychologists are employed in a variety of settings, organizational
21       structures, and sectors and, as such, may create a conflict of interest.        School
22       psychologists operating in these different settings recognize the importance of ethical
23       standards and the separation of roles and take full responsibility for protecting and
24       completely informing the consumer of all potential concerns.
25
26       2.    School psychologists dually employed in independent practice and in a school
27       district may not accept any form of remuneration from clients who are entitled to the
28       same service provided by the school district employing the school psychologist. This
29       includes children who attend the non-public schools within the school psychologist's
30       district.
31

32       3.   School psychologists in independent practice have an obligation to inform
33       parents of any school psychological services available to them at no cost from the
34       public or private schools prior to delivering such services for remuneration.
35

36       4.   School psychologists working in both independent practice and employed by
37       school districts conduct all independent practice outside of the hours of contracted
38       public employment.
39

40       5.   School psychologists engaged in independent practice do not use tests, materials,
41       equipment, facilities, secretarial assistance, or other services belonging to the public
42       sector employer unless approved in advance by the employer.




     PAMPS                                       89                           7/01/05 - 6/30/07
    APPENDIX C




1

2       6.   School psychologists in private practice do not directly solicit clients for
3       individual diagnosis or therapy.




    PAMPS                                   90                         7/01/05 - 6/30/07
                                                                      SALARY SCHEDULE




 1

 2                            SCHOOL PSYCHOLOGIST
 3
 4                                  JULY1, 2005
 5

 6   Annual       Biweekly     Annual            Biweekly    Annual         Biweekly
 7   Minimum      Minimum      Maximum           Maximum     Increment      Increment
 8

 9   $44,761.50   $2,014.27    $70,848.56        $3,188.19   $2,097.67       $94.40
10

11   PSYCHOMETRIC ASSISTANT
12   HOURLY RATE $23.06
13

14

15                              JANUARY 30, 2006
16
17   Annual       Biweekly     Annual            Biweekly    Annual         Biweekly
18   Minimum      Minimum      Maximum           Maximum     Increment      Increment
19
20   $45,097.21   $2,029.37    $71,379.93        $3,212.10   $2,113.40       $95.10
21

22   PSYCHOMETRIC ASSISTANT
23   HOURLY RATE $23.23
24

25

26                                 JULY1, 2006
27

28   Annual       Biweekly     Annual            Biweekly    Annual         Biweekly
29   Minimum      Minimum      Maximum           Maximum     Increment      Increment
30

31   $45,773.67   $2,059.82    $72,450.63        $3,260.28   $2,145.10       $96.53
32

33   PSYCHOMETRIC ASSISTANT
34   HOURLY RATE $23.58
35
36




     PAMPS                                  91                        7/01/05 - 6/30/07
     SALARY SCHEDULE




 1                                     JANUARY 29, 2007
 2

 3    Annual         Biweekly        Annual            Biweekly    Annual          Biweekly

 4    Minimum        Minimum         Maximum           Maximum     Increment       Increment

 5
 6   $46,460.27       $2,090.71      $73,537.39        $3,309.18    $2,177.28       $97.98
 7

 8   PSYCHOMETRIC ASSISTANT
 9   HOURLY RATE $23.94
10

11
12                                        JUNE 30, 2007
13

14    Annual         Biweekly        Annual            Biweekly     Annual         Biweekly
15    Minimum        Minimum         Maximum           Maximum      Increment      Increment
16

17   $46,576.43       $2,095.94      $73,721.23        $3,317.46    $2,182.72       $98.22
18

19   PSYCHOMETRIC ASSISTANT
20   HOURLY RATE $24.00
21

22

23   Employees new to the bargaining unit will be placed on the salary schedule to reflect up
24   to seven (7) years of school psychologist experience.
25




     PAMPS                                        92                         7/01/05 - 6/30/07

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:7
posted:2/27/2012
language:
pages:99