KEYSTONE OAKS SCHOOL DISTRICT CONTRACT FOR EMPLOYMENT SYSTEMS ADMINISTRATOR

THIS AGREEMENT is made and entered into this _____ day of June, 2020, by and

between the Board of School Directors of the KEYSTONE OAKS SCHOOL DISTRICT, a third class

school district, organized and operaOng under the laws of the Commonwealth of Pennsylvania,

with its AdministraOve Oﬃces located at 1000 Kelton Avenue, PiSsburgh, Allegheny County,

Pennsylvania 15216 (hereinaWer referred to as “School District”),

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N

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JUSTIN J. TALBERT, an adult individual currently residing at

(hereinaWer referred to as

“Mr. Talbert” or “Systems Administrator”).

WHEREAS, at a regularly scheduled meeOng duly and properly called on the _____ day

of June, 2020, the Board of School Directors re-appointed JusOn Talbert as the System

Administrator for the School District in accordance the Public School Code of 1949, as amended,

24 P.S. § 1-101 et seq. and

WHEREAS, the parOes have agreed upon certain terms and condiOons of employment

and desire to reduce said condiOons to wriOng.

NOW, THEREFORE, the parOes intending to be legally bound thereby and in

consideraOon of the mutual covenants contained hereby do agree as follows:

I. Term

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A. The employment of the Systems Administrator under this Agreement shall commence on July 1, 2020, and shall conOnue without interrupOon, unless terminated earlier, through June 30, 2023.

B. If the Systems Administrator decided to resign / reOre during the term of this agreement and fails to provide ninety (90) calendar days wriSen noOce to the Board of School Directors, the Systems Administrator shall be subject to a penalty of Five-Thousand ($5,000.00) Dollars and ineligible to receive any beneﬁts or compensaOon to which the Systems Administrator would otherwise have been enOtled as a result of severance of employment duly noOﬁed.

C. The decision to terminate the employment of the Systems Administrator due to the eliminaOon of the posiOon shall rest solely and exclusively with the School District, acOng through its Board of Directors, and such determinaOon shall not be subject to challenge, in any forum, by the Systems Administrator. If such a decision is made, the School District will provide the Systems Administrator with at least sixty (60) calendar days prior noOce of said terminaOon.

D. The School District and Mr. Talbert agree that Mr. Talbert has no expectaOon of conOnued employment as Systems Administrator with the School District past June 30, 2023.

II. DeﬁniOons and DuOes

A. The term “Board” where used in this Agreement, shall refer to the legally elected or appointed representaOves of the School District.

B. The term “Employee” where used in this Agreement, shall refer to the Systems Administrator, Mr. Talbert.

C. The School District agrees to conOnue to employ Mr. Talbert as its Systems Administrator and Mr. Talbert agrees to conOnue to serve the School District as its Systems Administrator As such, Mr. Talbert’s duOes include, but are not limited to those outlined in the Job DescripOon available in the District Job DescripOon Manual. Notwithstanding the foregoing, the School District reserves the right to change or supplement the duOes of the Systems Administrator upon reasonable prior noOce.

III. Work Year

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A. The Technology Systems Administrator’s work year shall be 12 months, 260 work days, and shall observe paid holidays consistent with the School District’s approved calendar, unless otherwise speciﬁed.

IV. Assessment of Performance

A. An annual assessment of performance shall be the means by which the Director of Technology shall evaluate the performance of the Systems Administrator. Such assessment of performance shall be conducted as described below in each year of this agreement and a score will be given. The annual assessment of performance shall comply with the Public School Code and RegulaOons implemenOng the School Code, if applicable to this agreement.	Review of the performance assessment shall be conducted in a private session. All parOes agree that the performance assessment made shall be privileged and that the Board Members, Director of Technology and Superintendent shall respect the conﬁdenOality of the discussions, except to the extent as may be required by law. Nothing contained herein shall prevent the School District from using such evaluaOon in a hearing properly brought under the Public School Code. The parOes agree that the Employees’ employment with the District is subject to the Public School Code, as amended, and in eﬀect from Ome to Ome.

B. It is extremely important for each individual to have a sense of his/her own performance and contribuOon to the organizaOon. This can only be accomplished through regular communicaOon with the Employee’s supervisor in order to assess the Employee’s performance based on the expectaOons of the Employee’s job descripOon, the Employee’s accountability for achieving District goals (primary responsibility, supervisory responsibility, or support responsibility), and the Employee’s progress toward meeOng the Employee’s individual objecOves.

At least two formal conferences, an interim appraisal and a ﬁnal appraisal, will be held each year. AddiOonal conferences may be held as necessary. A wriSen noOﬁcaOon of performance level will be provided to each individual following the formal conference.

The interim appraisal shall occur prior to December 1of each year and the ﬁnal appraisal shall occur prior to May 1 of each year.

C. A plan for improvement shall be developed by the Employee’s supervisor in those instances where the Employee has received a Failing raOng in either of the two categories. Any employee who does not receive at least a Proﬁcient raOng in the year following one in which a Failing raOng was received will be subject to dismissal at the will of the School Board.

V. Salary AdministraOon

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A. For the purpose of this SecOon 5, the “cost of living increase” (COL) shall be deﬁned as being based upon the average annual CPI-U comprised of the unadjusted percentage change from January of the preceding year to January of the current year. By way of example, the CPI-U to be used to calculate adjustments to salary eﬀecOng in 2020 is the unadjusted percentage change from January 2019 to January 2020, or 2.5%.

B. The School District shall pay the Systems Administrator an annual gross salary of $64,967.00 for the 2020-2021 school year.

C. Salary Adjustment

Adjustment in the Employees’ salary for the 2021-2022 and the 2022-2023 school years shall be determined by the Superintendent in his/her sole discreOon based upon the performance evaluaOon provided for in SecOon IV.

INCREASED BASED UPON PERCENTAGE OF CURRENT BASE SALARY

DisOnguished Proﬁcient
Needs Improvement Failure

3% + COL 2% + COL
No adjustment No adjustment

In the 2020-2021 year of this agreement the total salary shall be capped and not exceed a maximum amount of $80,000.00. Each year thereaWer, during the term of this agreement, the maximum amount available as forth in this paragraph shall be increased by the COL as set forth herein above. By way of example, if the COL for calendar year 2020 is 2.5% the maximum salary the Systems Administrator can receive in 2021-2022 is $82,000.00 ($80,000.00 plus COL ($2,000.00)).

D. Payment

This annual gross salary shall be paid to the Employee in equal installments in accordance with the schedule of salary payments in eﬀect for twelve (12) month administraOve employees of the School District.

E. Amendment

Any adjustment in the gross salary of the Employee made during the term of this Agreement shall be in the form of a wriSen amendment between the parOes and shall become part of this Agreement. However, any such adjustment or amendment shall not consOtute, and shall not be construed as consOtuOng, the entry by the School District and the Employee into a new Agreement, or in any manner as extending the anOcipated terminaOon date of this Agreement.

VI. Fringe Beneﬁts/Leaves

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A. Health/Major Medical

The District agrees to provide Health Care Insurance to the Employee during the term of this agreement through the Allegheny County School Health Insurance ConsorOum (ACSHIC). The employee will contribute to the cost of health care beneﬁts at the rate of 15% of the premium-based upon the selected coverage level.

AddiOonally, in 2020-2021 the district will provide a $100 Health Care Credit.

The District will provide a base level insurance agreement. If the Employee wishes to partake in a higher level of coverage, the employee shall pay the base premium contribuOon of 15% and 100% of the addiOonal premium for the higher level of insurance coverage.

If the Employee waives health insurance, the employee will be paid one-third (1/3) the cost per year of the agreement for which the employee is eligible. One-half (1/2) of the one-third (1/3) payment will be made in the last pay in February and the remaining amount will be paid in the last pay of August. The District shall arrange to have this payment deducted on a pretax basis.

The District reserves the right to switch to a beneﬁts plan with substanOally the same coverage should it beneﬁt the District ﬁnancially.

B. Dental/Vision

The District agrees to provide individual or full family dental care insurance. The District shall assume 85% of the cost of this plan for the selected level of coverage and the Employee shall contribute 15% of the cost of the plan.

If the Employee waives dental insurance, the employee will be paid one-third (1/3) the cost per year of the plan for which the employee is eligible. One-half (1/2) of the one-third (1/3) payment will be made in the last pay in February and the remaining amount will be paid in the last pay of August. The District shall arrange to have this payment deducted on a pretax basis.

The District agrees to provide individual or full family basic vision care insurance. The District shall assume 85% of the cost of this plan for the selected level of coverage, and the Employee shall assume 15% of the cost. The District agrees to provide, at the Employee’s expense, the opOon to purchase a more comprehensive vision insurance plan as available.

C. Life Insurance

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The School District shall provide for the Employee’s life insurance in the amount of two (2) Omes his/her annual salary rounded to the next higher hundred.

Dependent life insurance: Spouse - $5,000; each child - $2,500.

The Employee may conOnue their life insurance coverage aWer reOrement should they wish to, however they will be required to pay the premium for such insurance.

D. Travel Insurance

One hundred thousand dollars ($100,000.00) group accident insurance covering travel on School District business.

E. Liability Insurance

Two million dollars ($2,000,000.00) protecOon per school-related incident, with any deducOble payable by the School District.

F. Social Security

In accordance with applicable laws and regulaOons.

G. Worker’s CompensaOon

In accordance with applicable laws and regulaOons.

H. Disability Income ProtecOon

An Employee who, because of sickness or accident, is unable to perform the duOes of his/her occupaOon is eligible for disability protecOon beneﬁts provided by the School District under the following condiOons.

The District shall provide the Employee a disability income policy providing for replacement income at 60% (sixty percent) of the Employee’s per diem pay rate per year.

1. The Employee will have a 30-day wait period before disability beneﬁts begin. Employees may use available sick days during this wait period.

2. The Employee will, aWer the 30-day period, be eligible for a two-year beneﬁt period. Health sabbaOcals shall not be taken consecuOvely with this leave.

3. During the disability beneﬁt period, the District shall conOnue all other beneﬁts in eﬀect at the Ome of the commencement of the disabling injury or illness for a one-year period. During the ﬁrst year, any health premium share must be made by the Employee. Should the leave extend to the second year, the Employee will pay health

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care premiums. Disability, for purposes of reOrement reporOng, will be considered extended sick leave. An Employee on such disability leave will be permiSed to purchase up to one year of credited service in the Pennsylvania Public School Employee ReOrement System, to the extent such a purchase is permiSed by the reOrement system. The Employee will be required to pay the District’s share of such purchase.

4. Upon return from leave, the Employee shall, where possible, be returned to the posiOon occupied at the Ome of disability.

I.	Sick Leave Beneﬁts

The Employee shall be credited with twelve (12) sick days per year in each year of this agreement.

1. Any employee hired who previously worked for another Pennsylvania Public School District immediately prior to Keystone Oaks, or in another posiOon at Keystone Oaks not covered by this agreement, shall be eligible to transfer no more than twenty-ﬁve (25) sick days from their prior employer / posiOon. These days will be used ﬁrst in the event an employee chooses to use a sick day.

2. Employees may use sick days to care for the illness, injury, or disability of the Employee’s spouse, parent or child. The District may require reasonable proof of the family member’s illness, injury or disability.

3. Upon reOrement from the School District and from the Public School Employees’ ReOrement System, the Employee shall receive Seventy-Five ($75.00) Dollars per day for those carried over from previous employers / posiOons and Eighty-Five ($85.00) Dollars per day for each unused sick leave day to a maximum reimbursement of Eighteen Thousand ($18,000) Dollars. Sick leave days earned from previous employers/posiOons will be used before sick leave days earned for current posiOon.

4. Notwithstanding the language in this SecOon VI, paragraph I. and paragraph J. below, in the event the Employee is terminated for cause, the employee shall not receive any compensaOon for any unused sick days and/or vacaOon days which had been transferred to the District on the employee’s behalf from a previous employer.

5. Monies due to the Employee under this paragraph shall be deposited as an employer Internal Revenue Code SecOon 403b contribuOon into an account of the employee’s choice. In the event of the Employee’s death while sOll employed by the School District, payment for unused sick leave days shall be remiSed to the employee’s estate.

J.	VacaOon

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The Employee shall receive twenty (20) vacaOon days per year, to be prorated as appropriate during the Employee’s ﬁrst year of employment with the School District. The scheduling of use of said days must be approved in advance by the District Superintendent or his/her designee.

VacaOon days shall be credited on July 1st of each year of this agreement. The Employee may carry over a maximum of ten (10) unused vacaOon days to the following school year. Any vacaOon days carried over to the following year must be used before October 31st of that year.

K. Holidays

Consistent with the School District’s approved calendar.

L. Bereavement Leave and Legal Leave

1. Bereavement:

The Employee shall receive death in family paid leave as follows:

a) A maximum of three (3) days of leave will be granted for a death in the immediate family; including parents, siblings, spouse, child, grandparent, grandchild, parent-in-law, child-in-law, sibling-in-law, or near relaOve residing in the same household as the employee, or any person with whom the employee has made his/her home. When special circumstances so dictate, this may be extended to ﬁve (5) days upon pre-approval of the Superintendent or his/her designee.

b) A maximum of two (2) days for the death of a near relaOve. A near relaOve shall be deﬁned as ﬁrst cousin, a parent’s sibling, or sibling’s child.

c) A maximum of one (1) day for the death of a friend with bonds so close that good taste demands aSendance at the funeral.

i.	The AdministraOon will require noOﬁcaOon of the relaOonship between the deceased and the employee.

ii.	Such Ome will not be deducted from sick leave.

iii.	In cases involving immediate family as idenOﬁed herein above and when funeral/memorial arrangements are delayed, these days may be taken at a later Ome when veriﬁcaOon is provided to the Superintendent or his/ her designee.

2. Appearance in Court of Law/Jury Duty

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a) An employee required to serve as a witness as a result of his/her employment with the School District, shall be enOtled to payment for the day or days that he/ she serves as a witness; provided, however, that this provision shall not apply where the employee has himself/herself iniOated the acOon which requires him/ her to be a witness. Any fees received for said witness service shall be remiSed to the School District.

b) An Employee who serves on jury duty on any day he/she is scheduled to work shall receive the diﬀerence between his/her daily compensaOon and compensaOon received for the jury duty; he/she shall endorse over to the School District any checks for such jury duty service.

M. Personal Days

The Employee shall receive three (3) personal days per year which may not be carried over. Unused personal days shall be forfeited.

The Employee shall receive no addiOonal emergency days, as any emergency should be reasonably covered as a sick, holiday, bereavement, legal or personal day, in accordance with paragraphs I, J, K, L & M.a above.

N. Professional Development and Dues

The District shall pay up to seven hundred dollars ($700.00) for dues payable to professional organizaOons to which the Employee belongs, PROVIDED HOWEVER, that reimbursement for said dues shall be subject to the District Superintendent’s approval of the professional organizaOon. AddiOonally, the Employee must not be rated Needs Improvement or Failing (based upon the most recent evaluaOon prior to the Ome period for which the Employee is seeking payment of dues) in order to have such dues paid by the District.

O. Mileage

The Employee will be reimbursed mileage for approved travel at the then current District approved mileage rate.

P. Payroll DeducOons

The gross salary payable to the Employee during the term of this Agreement shall be subject to deducOon for appropriate reOrement contribuOons and all other deducOons required by local, state and federal laws, regulaOons and rules.

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Q. TuiOon Reimbursement

The District shall reimburse the Employee ninety percent (90%) of the tuiOon costs incurred for graduate study if a grade of “A” is achieved. Reimbursement for a grade of “B” will be 50%. Any grade lower than a “B” will receive no compensaOon. Maximum reimbursement shall not exceed $6,000 per year. Employee must not be rated Needs Improvement or Failing unless the coursework is part of a Performance Improvement Plan. Coursework must be Accredited and applicable to required cerOﬁcaOons In PA.

VII. InvesOgaOons

A. In the event that the Superintendent directs that any formal invesOgaOon of the conduct or performance of the Systems AdministraOon, Mr. Talbert shall be:

·	NoOﬁed of the occurrence and purpose of the invesOgaOon before it begins. ·	Granted an opportunity to respond, verbally or in wriOng, to any documents,
ﬁndings or conclusions derived from such an invesOgaOon before the compleOon of the invesOgaOon.
·	Granted access to all non-privileged or non-protected reports generated by such an invesOgaOon upon the compleOon of the invesOgaOon.

B. Any invesOgaOons undertaken shall be completed in private without any public disclosure by the School District, the Board of School Director or any individual members of the Board of School Directors, by the Superintendent or by the Employee, of the commencement or progress of the same. However, any aSorney, consultant or other representaOve retained by the Board of School Directors to assist with this invesOgaOon shall be approved at a public meeOng without reference to the purpose of the retenOon or the nature of the consultaOve work to be undertaken.

C. Nothing set forth in SecOon 7 of this Agreement shall obligate the School District, the Board of School Directors, any individual members of the Board, the Superintendent or the Employee to provide aSorney-client privileged or work product informaOon to another party at any Ome during, or following the compleOon of, any formal invesOgaOon of Mr. Talbert’s conduct or performance.

VIII. ModiﬁcaOons

This agreement contains the enOre compensaOon of the Systems Administrator and may not be changed or altered except in wriOng and mutually agreed upon by both parOes.

IX.	Savings

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If during the term of this agreement it is found that a speciﬁc clause of the agreement is illegal in Federal or State law, the remainder of the agreement not aﬀected by such ruling shall remain in force.

X.	ObligaOons

This Agreement shall be binding upon and shall insure to the beneﬁt of the parOes, their successors and assigns.

XI.	Statutory Reference

All references to the Public School Code of 1949 contained herein shall also refer to and incorporate any amendment or recodiﬁcaOon of such Code.

XII. Applicable Law

This agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania.

XIII. Board AcOon

This agreement shall become eﬀecOve on July 1, 2020 and shall remain in eﬀect through and including June 30, 2023.

IN WITNESS WHEREOF and intending to be legally bound thereby, the parOes have caused this

Agreement to be duly executed the day and year ﬁrst above wriSen.

ATTEST:

Joseph A. Kubiak, Secretary

KEYSTONE OAKS SCHOOL DISTRICT

Patricia A. Shaw, President

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Board of School Directors

WITNESS:

Board of School Directors

JUSTIN TALBERT

_____________________________ By:__________________________________

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