April 2005

VOL. 15 NO. 9

A District administrator recently contacted CCASAPE seeking assistance regarding a criminal complaint that had been filed against the administrator. This administrator notified CCASAPE that the complaint had been filed with school police as the result of the administrator’s involvement in resolving a student behavior issue in the school cafeteria. Because the issue was clearly work related, the administrator correctly sought assistance from the CCSD Legal Department regarding the resolution of the criminal complaint. Unfortunately, this administrator was notified by an attorney in the CCSD Legal Department that the CCSD will not represent the administrator in a criminal complaint and that the administrator must seek private counsel or call CCASAPE. This direction from the attorney is in direct violation of NRS 391.271.

CCASAPE subsequently notified the District Legal Department through its attorney, Tom Beatty, that NRS 391.271 created a statutory obligation that required the District to provide legal defense of any employee charged by criminal complaint with assault, battery or a similar crime as a result of his or her actions in attempting to maintain a safe or peaceful school environment. THE LAW IS VERY CLEAR. THE DISTRICT MUST PROVIDE FOR THE LEGAL DEFENSE OF THE EMPLOYEE.

CCASAPE finds it troubling that an attorney for the District provided such obvious misinformation to an administrative employee who was seeking assistance with a serious employment situation.

CCASAPE, through its attorney, has requested that the District provide clarification as to how it will provide support to its employees based on the very clear requirements provided by NRS 391.271. CCASAPE encourages all administrators to become familiar with this statute.

CCASAPE has previously expressed, in the Unifier and to the superintendent, its concerns regarding attorney driven decision making, Legal Department investigatory practices, and unprofessional comments and discourteous treatment of administrators by attorneys. CCASAPE believes it is imperative that more attention be given to ensure that an appropriate climate and environment exists for all employees.

As you know, upon retirement or separation from the school district, administrators who are 55 or older or who will turn 55 during the year they retire will have their vacation payoff deposited into the 401(a) qualified tax deferred plan with Bencor. Participating administrators will avoid the payment of Medicare tax, if applicable, and will postpone and possibly reduce the payment of federal income tax.

As you are aware, administrators who are younger than 55 during the year they retire or separate from the District are not eligible to participate in the 401(a) Plan. Many administrators retiring younger than 55 have expressed concern that they are not able to participate in the 401(a) Plan, but yet would like to shelter a portion or all of the final vacation payoff.

Administrators younger than 55 are still eligible to shelter the vacation payoff by establishing a 403(b) account or a 457 account through the District Benefits Office. Administrators over 50 can shelter up to $18,000 in each account ($36,000 total) and administrators under 50 can shelter up to $14, 000 in each account ($28,000 total). In this manner, a portion of the vacation payoff can be sheltered if these accounts are not receiving the maximum contributions during the plan year coinciding with retirement. Staff in the Benefits Office can assist administrators with establishing these accounts.

On March 22, 2005, CCASAPE filed a grievance against the District for violation of Article 20-11 (Classification and Reclassification) of the Negotiated Agreement between the District and CCASAPE. The Level Two hearing to resolve this issue was scheduled for Thursday, April 14, 2005. However, prior to the hearing, the District agreed to reverse its previous action which had resulted in CCASAPE filing the grievance.

CCASAPE has filed three previous grievances against the District for violations to Article 20, Reclassification. In a previous resolution, the District indicated its intent to comply with the terms of the contract that specify the implementation procedures for administrative reclassification. CCASAPE remains concerned that the District continues to violate the Negotiated Agreement. The District’s continued violation of the Negotiated Agreement may result in the filing of an unfair labor practice with the Nevada Employee Management Relations Board.

Each year CCASAPE provides two (2) scholarships in the amount of $1,000.00 each. Each applicant must be a senior enrolled in the Clark County School District and a legal dependent of an active CCASAPE member.

Applications were received from 11 outstanding students. The Scholarship Committee, composed of high school principals, Richard Arguello, Gretchen Crehan, and Liz Fraser selected Mitchell Barlow of Boulder City High School and Lindsay Gilmour of Basic High School. These two outstanding recipients were selected on the basis of their grade point averages, test scores, recommendations, essays, and from their personal resumes. Mitchell is the son of CCASAPE member John Barlow. Lindsay is the daughter of CCASAPE member Jayceine Gilmour.

Joe Murphy, CCASAPE President, will present the scholarship checks to the recipients at the May 26, 2005, meeting of the Board of School Trustees.

Congratulations are extended to all of the outstanding applicants, recipients, and their families.

Insert download: CCASAPE ACTIVE / CCASAPE RETIREE – TOTAL PREMIUM
July 1, 2005 Through December 31, 2005

Administrators with dependents and all retirees on the CCASAPE / CCSD Health Insurance Plan are reminded that insurance premiums for medical coverage will increase by 8% on July 1, 2005. This 8% increase in medical premiums actually went into effect on July 1, 2004, but was not passed on to actives or retirees due to the CCASAPE Representative Council approving a twelve month subsidy from the Administrators’ Welfare Trust Fund. It is projected that approximately $126,000 will have been paid from the trust fund to cover the negotiated 8% increase in the medical premium between July 1, 2004, and June 30, 2005.

The shaded area in the table provided in the Unifier indicates the amount of subsidy being paid for actives and retirees by the CCASAPE Welfare Trust. The overall out-of- pocket costs will increase by the amount of subsidy currently being paid. The total premium for actives and the per pay day out-of-pocket amounts in the table reflect the true amounts effective July 1, 2005.

All active administrators with dependents and all retirees on the CCASAPE / CCSD Health Insurance Plan must be aware that they will be responsible for the additional out-of- pocket expenses effective July 1, 2005. It is hoped that state health insurance money will become available through this legislative session to offset a portion of the increase for the active employees. However, this will not be known until the end of the legislative session.

The rates for CCASAPE retirees in the Classic Retiree Plan (Medicare Eligible) WERE NOT increased during the July 1, 2004, through the December 31, 2005, period. However, the rates for January 2006 have not been confirmed.

The details of the health insurance negotiations with Sierra Health were previously reported to the CCASAPE membership in the June/July, 2004 Unifier. The following information was reported in the Unifier at that time and is now reprinted for your information:

Effective July 1, 2004, and for the period of July 1, 2004, through December 31, 2005 (18 months), the medical premium will increase 8%. However, there will be no increase passed on to the actives or retirees for the first 12 months (7-1-04 through 6-30-05) The premium increase for this twelve month period will be paid through a subsidy from the CCASAPE Welfare Trust Fund. The rates for the Medicare Eligible Plan will not increase during the July 1, 2004, through December 31, 2005, period. Effective January 1, 2006, through December 31, 2006 (12 months), the medical premiums will be increased by 9.5%. Effective January 1, 2007, through December 31, 2007 (12 months), the medical premiums will be increased by 11%.

Future increases for the Medicare Eligible Plan have not yet been determined.

Insert download: CCASAPE ACTIVE / CCASAPE RETIREE – TOTAL PREMIUM
July 1, 2005 Through December 31, 2005

With the writing of this Unifier, the 73rd Session of the Nevada Legislature is nearly 2/3 over. The session opened on February 7, 2005, and will conclude on June 6, 2005. There were originally 1427 bill drafts submitted to the Legislative Counsel Bureau. Of that amount, a total of 556 bills have been submitted to the Assembly and 506 bills have been submitted in the Senate. CCASAPE continues to spend a considerable amount of time tracking and monitoring bills and providing testimony for bills which are of interest to school administrators. CCASAPE has to date analyzed 158 bills. Beginning in March, all of the bills that CCASAPE is tracking were posted on the CCASAPE web site (www.ccasa.net). In addition to the index of bills and a brief summary, the entire CCASAPE analysis of each bill that is being tracked is posted on the web site. The CCASAPE bill analysis is updated daily throughout the session and forwarded to CCASAPE lobbyists Frank Brusa and Lonnie Shields in Carson City. The CCASAPE bill analysis is also shared with District lobbyists. The web site information is updated weekly. All administrators are encouraged to visit the web site and review any bills of interest.

As a reminder, included in the March Unifier was a listing of e-mail addresses for each legislator. E-mail addresses and other information may also be found at www.leg.state.nv.us. Administrators are encouraged to contact their legislator(s) to provide input on bills of interest.

While CCASAPE is currently tracking over 135 bills, the following bills are being provided for your information at this time. If a CCASAPE position has been developed, it is listed at the conclusion of the bill. Bills that are dead are also noted. Members are encouraged to provide additional feedback to CCASAPE regarding any of the bills that are being tracked.

The current Agreement between the Clark County School District and the Clark County Association of School Administrators and Professional-technical Employees establishes a pool of sick leave days available to administrators who have no other available leave. The pool of days is created by administrators who voluntarily designate a half day or a full day of vacation for which they would otherwise be compensated under Article 18-4.

It is our desire and belief that this pool of days will grow each year until it contains a hundred or more days. A form letter will be provided in the May Unifier for your use if you would like to designate a half day or a full day to the sick leave pool. Administrators must have in excess of 85 vacation days on June 30 to be eligible to donate days to the sick leave pool. YOUR GENEROSITY TODAY WILL BE A CRITICAL PIECE IN THE WELFARE OF A CCASAPE MEMBER IN THE FUTURE.

On April 7, 2005, the CCASAPE Representative Council held its regular monthly meeting. The major items discussed and/or actions taken during the regular meeting included the following:

1. The revenue, expenditures, and balances within the CCASAPE Association and Trust Fund Accounts were reviewed;

2. A review of the status of:

A. Negotiations – The agenda for the March 30 CCASAPE negotiations team work session was provided, topics of informal discussions with Dr. Rice were reviewed and statistical information related to the year round school principals’ stipend was outlined;

B. Education Services Principals / Activity Stipend Resolution – Due to a concern brought to the attention of CCASAPE, the $2,000 Secondary Activity stipend currently being paid to three Education Services principals was discussed. Senior high school assistant principals and deans receive the stipend for the additional time required to supervise high school activity and athletic programs. Contract language specifies that there is no entitlement to this stipend when an administrator no longer serves as a senior high school assistant principal or dean. The District will be notified that payment of the stipend is a contract violation and must stop;

C. Legislative Update – An overview of bills that CCASAPE is currently tracking was provided to the Representative Council;

D. Humana Dental – Ongoing performance problems with Humana Dental were reviewed. The status of CCASAPE efforts to negotiate a performance guarantee with financial penalties was outlined;

E. Reclassification Grievance (Article 20) – An update was provided on the status of the grievance that was filed against the District. The Level Two hearing is scheduled for April 14, 2005;

F. Administrators’ Advisory Council Meeting – Agenda items for the May 4, 2005, meeting with Mr. Garcia were identified;

G. Compensation for Substitute Administrators – An update was provided on discussions with the District to increase the compensation for retirees working as substitute administrators;

H. General Membership Meeting – The General Membership meeting has been scheduled for June 22, 2005, at the Palace Station Hotel.

3. Committee Reports:

A. CCAESP – Cathy Conger reported that the CCAESP is planning a May social and is currently making plans for the annual membership meeting in June;

B. CCASSP – Beth Howe, CCASSP President, reported that plans are being made to co-sponsor a social in May with CCAESP. She also reported that legislative information is routinely shared with CCASSP members and the officers’ ballot is being developed for the annual meeting; and

C. Legal Committee – Cathy Conger, committee chairperson, reported there was no Legal Committee activity.

4. Executive Director’s Report – Stephen provided a review of the accountant report, the membership report, and the various CCASAPE activities and the types of assistance provided to CCASAPE members.

The CCASAPE general membership meeting will be held on Wednesday, June 22, 2005, from 3:30 to 6:30 p.m. at the Palace Station Hotel. The CCASAPE business meeting will begin at approximately 4:45 p.m.
During the CCASAPE meeting, members will:

1. Be provided a review of the highlights of 2004-2005.

2. Receive the proposed slate of candidates for the June election and be provided an opportunity to nominate additional candidates.

3. Receive a copy of the 2005-2006 CCASAPE budget.

4. Participate in the recognition of retiring administrators.

5. Have the opportunity to socialize with their current colleagues, as well as, those who have retired.

The Clark County Association of Secondary School Principals and the Clark County Association of Elementary School Principals will hold end of the year business meetings at the same location beginning at 4:00 p.m.

The next quarterly 401(a) Plan information meeting is scheduled for May 11, 2005, at 3:45 p.m. at the CCASAPE office. Please mark your calendars now! Since space is limited, please call the CCASAPE office to reserve your seat for this important meeting.

If you have questions regarding the scheduled meeting or any aspect of the 401(a) Plan, please do not hesitate to contact the CCASAPE office or Paul Larson at VALIC, 796 0047.

Emilio Fernandez, Chairperson of the CCASAPE Nominations and Elections Committee, along with committee members David Harcourt and Kim Grytdahl are seeking candidates to run for the CCASAPE Executive Board and/or the Representative Council.

Members interested in serving on the Executive Board and/or Representative Council may contact one of the individuals on the Nominations and Elections Committee or the CCASAPE office at 796-9602.

This committee will propose a slate of candidates for nomination at the June 22, 2005, general membership meeting to be held at the Palace Station Hotel. Whenever possible there will be a minimum of two (2) candidates for each office to be filled. Additional nominations, with the consent of the person being nominated, may be made at the June general membership meeting.

Executive Board offices to be filled during the election include President Elect (must be an active CCASAPE member who is a secondary school administrator), secretary and treasurer. The offices of secretary and treasurer are open to anyone who is an active CCASAPE member. Candidates receiving a majority of votes cast by mail ballot shall be elected to the office. These positions are for a one year term.

Four (4) Representative Council positions are elected each year. The four (4) at large positions are filled by the four (4) at large candidates receiving the greatest number of votes. These positions are for a two (2) year term. These positions are open to anyone who is an active CCASAPE member.

CCASAPE encourages members to run for office. The Executive Board and Representative Council are the decision making bodies of CCASAPE.

On June 20 and 21, CCASAPE and the Student Support Services Division will jointly sponsor a training program regarding the reauthorized IDEA / Improvement Act of 2004. Mr. Art Cernosia, Esq., will be the presenter both days. The workshop will be held at the Gold Coast Hotel in the Arizona Room from 8:00 a.m. to 4:00 p.m. each day. Interested administrators should select either the 20th or the 21st and enroll on CCSD / Pathlore. If you have questions regarding the workshop, please contact Josh Loehr at 799-1023.