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Edmonds Community College    
 
    
 
  Nov 19, 2017
 
Policy Management
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HR 5.03pr - Administrative Exempt Employee Procedures :


SUMMARY/SCOPE
The Administrative Exempt Employee Procedures cover personnel matters for Edmonds Community College (hereinafter referred to as The District) employees exempt from classified service as defined in RCW 41.06.070.

PROCEDURE DETAILS
I. GENERAL PROVISIONS

A. Exempt Employee Overview

1. The decision to exempt employees from the classified service shall be determined by the district’s Associate Vice President for Human Resources with the approval of the President. RCW 41.06.070 will be used as a guideline for determining exempt status, along with the following considerations:

a. any continuing position which requires performance of administrative functions of at least 50 percent or more of the employee’s exempt assignments, has responsibilities to hire, dismiss, or discipline other employees, and manages the resources of a major organizational unit of the college. Administrators may be assigned to teaching duties as part of their position functions; however, these employees shall retain administrative responsibilities as their primary job assignment; or

b. positions involving significant responsibility for allocation of institutional resources and implementation of institutional policy, personnel or labor relations functions, internal audits and investigations, senior computer systems functions, continuing education program administration, direct teaching, counseling, or librarian duties of less than 50 percent of their assigned workload or other exempt duties as defined in RCW 41.06.070.

2. This procedure covers only exempt employees who are employed more than halftime on a continuing basis.

3. For the balance of this procedure, all administrative and exempt employees will be referred to as “employees” unless designated otherwise.

4. The college President will not be covered under this procedure. The college President will have a separate contract.

5. Employees may accept associate faculty moonlight teaching assignments, in accordance with the Associated Federation of Teachers Collective Bargaining Agreement.

II. GENERAL DUTIES, PRIVILEGES, RIGHTS

A. Employees Who Hold Faculty Tenure

1. Employees who have been granted tenure by the Board of Trustees as academic employees will retain their tenure status pursuant to RCW 28B.50.850.

2. Employees selected from the faculty ranks who have faculty tenure status will remain on the appropriate academic employee layoff units, and shall accrue seniority as provided in the negotiated agreement between the Board of Trustees and the faculty. New employees hired from outside District 23 will not be placed on academic layoff lists.

B. Employee Defense

The District follows RCW 28B.10.842 when considering a request from an employee to authorize the attorney general to provide defense in claims, suits, or proceedings.

C. Copyrights and Patents

The ownership of any materials, processes, residuals, or inventions developed solely by an employee’s individual effort, research, and expense shall vest in the employee and be copyrighted or patented, if at all, in his/her name.

The ownership of materials, processes, or inventions produced solely for the district and at district expense shall vest in the district and be copyrighted or patented, if at all, in its name.

In those instances where materials, processes, or inventions are produced by an employee with district support by way of use of significant personnel, time, facilities, or other district resources, the ownership of the materials, processes, or inventions shall vest in and be copyrighted or patented by, if at all, the person designated by written agreement between the parties prior to the production.  In the event there is no such prior written agreement, the ownership shall vest in the district.

D. Consulting and Other Outside Work

When an employee is in paid working status for the college, excluding paid leave, the following provisions shall apply to outside work:

1. Consulting, other outside work, and pursuit of additional education of a professional nature that are not part of the official duties of the employee, must be approved in advance by the employee’s supervisor(s), the appropriate vice president and the President. Such activity must be determined to be in the best interests of the college and be in compliance with state laws governing conflict of interest.

2. In considering requests for consulting assignments, approval or disapproval shall be based on the compatibility with the employee’s professional assignment, value to the college, and noninterference with institutional responsibilities and employee duties.

3. As a general rule, employees shall not use official college stationery, administrative services, or support facilities including mail, computers, and telephone, for outside private work. If space, equipment, and other facilities of the college must be used in consulting, they shall be subject to conditions of an agreement between the employee (consultant) and the college with respect to direct costs incurred, damages and/or repair to equipment; however, it is understood that regular college activities take precedence over such consulting use.

III. EXEMPT EMPLOYEE POSITION DESCRIPTION

A. The duties of all exempt positions shall be enumerated in a position description approved by the employee’s supervisor. Each position description will contain a statement of purpose, the nature and scope, and the principal accountabilities of the position. Completed position descriptions will be signed by the supervisor, acknowledged by the employee, and filed in the employee’s official personnel folder in Human Resources.

IV. EXEMPT EMPLOYEE SALARY ADMINISTRATION

A. Salary Approval Authority: exempt employee salaries will be approved by the Associate Vice President for Human Resources, with the exception of exempt employees working directly for the President, in which case the President will determine the salary. 

B. Exempt salaries will be set according to the Edmonds Community College Exempt Salary Schedule.

C. Initial placement will occur within the range set by the salary approval authority for the position advertisement. In rare cases, a higher placement may be authorized by the salary approval authority based on the incumbent’s salary history, skills, and education.

D. Revised placement on the salary schedule must be authorized by the salary approval authority and is based on a change or reassessment of duties and responsibilities. A revised placement upward is considered to be a promotion; a revised placement downward is a demotion.

V. WORK SCHEDULES

A. Full-time employees are expected to work a 40 hour week and are not eligible for compensatory time or overtime pay. Unless an alternate schedule has been approved by the President (as with alternate summer schedules) or an employee’s supervisor and the Associate Vice President for Human Resources, employees are generally expected to schedule their work over five consecutive days per week.

B. Part-time exempt employees (employees who hold a position with less than 100 percent but greater than 50 percent time) should work with supervisors to schedule their work hours.

VI. PERSONNEL FILE

A. An employee shall be provided the opportunity to write a response to any written evaluation and have that response placed in the personnel file.

B. Personnel files shall be confidential and only available for review by the employee, the employee’s representative, the employee’s supervisor, human resources personnel, or other college personnel approved by the Associate Vice President for Human Resources or the President.

C. Upon request from the employee, the Human Resources Office shall provide a copy of any written material placed in the employee’s personnel file.

VII. SEPARATION

A. Resignation

1. An employee resigning from an exempt appointment should provide advance written notice of resignation to their supervisor and Human Resources at least fourteen (14) calendar days before the effective date.

2. Employees who have completed six (6) months of continuous employment and who separate from service by retirement, resignation, termination, or death are entitled to a lump sum cash payment for all unused vacation leave. In the case of voluntary resignation, the employee must provide fourteen (14) calendar days notice to qualify for this lump sum payment.

B. Termination/separation

1. Employee appointments may be terminated by the President, acting for the college, upon sixty (60) days’ notice or pay in lieu thereof. Employees may be asked to use any accrued vacation leave during this time.

2. Employees being terminated for cause will be given seven (7) days notice of dismissal prior to the effective date of termination.

3. Employees being terminated due to lack of funds will be given thirty (30) days notice of termination prior to the effective date of termination. Termination for lack of funds will follow a Board declaration of a financial emergency when the source of funds supporting the appointment are operating dollars, or following notice from a funding source that the funds are ending when the funds supporting the position are special contract, grant, or non-operating dollars.

4. Employees who have been granted tenured faculty status prior to holding an exempt appointment may return to the faculty bargaining unit in accordance with the provision of the Tenure Act of 1969, unless the termination is for gross misconduct or malfeasance.

5. Employees who have previously held classified appointment status may qualify to return to classified status under the appropriate regulations in RCW 41.06.070, unless the termination is for gross misconduct or malfeasance.

6. Nothing herein shall preclude the college from entering into appointments with employees for a fixed duration or a period of less than twelve (12) months or creating interim or “acting” appointments. Such appointments require no notice since the termination date is fixed, unless the termination is prior to the expiration date or for cause.

7. Employees may be temporarily furloughed due to lack of funds, with seven (7) days written notice. Temporary furloughs may last a maximum of thirty (30) days.

C. Abandonment of Position

An employee may be presumed to have resigned or to have abandoned their position when there has been an absence without authorized leave from the job for a period of five (5) consecutive working days. Thereafter, a notice acknowledging the presumption of resignation shall be sent by certified mail to the last known address of the employee.

RELATED POLICIES AND PROCEDURES
HR 5.02pr - Administrative and Professional Exempt Evaluation : Procedure

SOURCE INFORMATION
C 6.3.102 R101 Regulations for Leaves and Holidays for Administrative and Exempt Employees

C 6.3.102 R102 Professional Development Guidelines for Administrative/Exempt Employees

RCW 41.06.070 Exemptions - Right of reversion to civil service status - Exception.

RCW 28B.50.850 Faculty tenure - Purpose.

RCW 28B.10.842 Actions against regents, trustees, officers, employees, or agents of institutions of higher education or educational boards - Defense - Costs - Payment of obligations from liability account.

CONTENT OWNER. The primary responsibility for this policy belongs to:
Associate Vice President for Human Resources

PRIMARY CONTENT CONTRIBUTOR (Director/Dean)
Associate Vice President for Human Resources

REVIEW PERIOD
Three years.

REVIEW HISTORY
2017-Aug 21  Amended and approved by President’s Cabinet

2007-Sep  Minor editing to add current salary schedule

1995-Jul  Revised by Resolution 95-7-1

1994-Feb  Revised by Resolution 94-2-2

1993-Feb  Revised by Resolution 93-2-2

1992-Dec  Revised by Resolution 92-12-2

1988-Apr 19  Procedures adopted



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