Article 2 – Rights, Privileges, and Responsibilities

Article 2 – Rights, Privileges, and Responsibilities

2.01 – Employees: Nothing contained herein shall be construed to deny or restrict any employee any rights they may have under the Constitution and Laws of the United States and of the State of Florida.

1. Non-Discrimination: This Agreement shall apply to all employees without regard to race, color, religion, sex, sexual orientation, national or ethnic origin, marital status, pregnancy, political affiliation, Association membership, age, creed, gender identity or expression, disability if otherwise qualified, or any other unlawful factor.
2. Duty to Self-Report: Employees shall self-report within forty-eight (48) hours to appropriate authorities (as determined by district) any arrests/charges involving the abuse of a child or the sale and/or possession of a controlled substance. Such notice shall not be considered an admission of guilt nor shall such notice be admissible for any purpose in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory. In addition, employees shall self-report any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or Nolo Contendre for any criminal offense other than a minor traffic violation within forty-eight (48) hours after the final judgment.
3. Personal and Academic Freedom: Each employee’s citizenship right to exercise or support their political preference on their own time and away from school premises shall not be impeded providing such activities do not violate any local, state or federal ordinance or law. It is the intent of the District that employees shall have academic freedom within the outlines of course content and the curriculum adopted by the Board.

2.02 – Management: The Board hereby retains and reserves unto itself, the Superintendent, the principals and other administrative personnel of the school system, without limitation, all powers, rights, authority, duties and responsibilities, and the exercise thereof, as conferred upon and vested in them by the Constitution and the Laws and Regulations of the United States and of the State of Florida, and the Policies of The School Board of Lee County, without any such exercise being made the subject of a grievance or arbitration proceeding hereunder except as otherwise provided in this Agreement.

2.03 – Association:

1. Facilities: If approved, as provided by School Board Policy, the Association shall have the privilege of using school facilities and equipment. Designated representatives of the Association shall have the exclusive right as the labor organization for instructional staff to visit schools to conduct necessary Association business. Immediately upon arrival at any school facility, such representative shall make their presence known to the principal or designee and shall indicate the purpose of such business. In no event shall such representative in any way interfere with the instructional program or in any manner interrupt the performance of job responsibilities of any instructional staff member or other District employee. It shall be the right of the principal to determine that such activity does not interfere with the school program.
2. School Board: A copy of the agenda for each regular meeting of the Board shall be available to the Association at least seven (7) days before the Board meeting and a copy of the minutes of such meetings shall be available to the Association after approval by the Board.
3. Posting: The Association shall have the privilege of posting notices concerning Association business on bulletin board space not less than 24” x 36” exclusively assigned to the Association by the principal or supervisor. The Association shall be given a list of the location of each bulletin board space and be informed of any intended changes. The Association shall provide a copy of each notice to the principal or supervisor prior to each posting.
4. Mailboxes: The Association shall have the exclusive privilege as the labor organization for instructional staff, through its representative, of distributing notices of Association meetings in employee mailboxes. Such notices shall consist of the time, date, and place at which a meeting will be held. In addition to notices of Association meetings, other materials such as Association newsletters, which relate to wages, hours, terms, and conditions of employment of instructional staff, and do not advertise or otherwise promote the interests or cause of any commercial, political or non-school agency, individual or organization, may be distributed in employee mailboxes. A copy of all materials placed in employee mailboxes shall be given by the Association to the office of the Superintendent prior to each distribution. The Association shall provide a copy of all materials with a notice for distribution from the Superintendent’s office to the principal or their designee prior to placement in mailboxes. The Association shall have the use of the intra-school mail service for the delivery of notices of meetings to school centers. This use is contingent upon the District’s receipt of an indemnification agreement from the Association, holding the District harmless from all fines and attorney’s fees resulting from any litigation on this issue. The Association’s delivery location shall be the Board’s central mailroom. A copy of each notice of Association meeting shall be subject to approval by the Superintendent prior to each distribution.
5. Dues Collection: Pursuant to the statute, payroll deductions are no longer permitted. In the event the statute is changed or amended, the parties agree to renegotiate the ability to deduct dues.
6. Association Leave: The president of the Association and/or their designee may be allowed to take up to a total of forty (40) days leave per year to conduct necessary Association business provided written request thereof is submitted in advance to the Superintendent. The full cost of the certified substitute rate of pay shall be paid by the Association for each day of Association leave requested when the leave request is processed. No more than ten (10) days may be used by any one person.
   1. President: The president of the Association may be granted personal leave for the school year(s) of their term of office. Such leave shall be granted with the same privilege and benefits approved with personal leave for other employees. Upon request from the Association, the district will recommend Association Leave to the School Board for the Association President. The President’s work year shall be 255 days.
   2. Bargaining Team: An employee who is a member of the bargaining team shall be released from work on paid leave if the bargaining calendar conflicts with the employee’s work schedule. In such event, the Association shall pay a qualified substitute except for impasse, mediation, or upon mutual agreement of the parties. Otherwise, the employee’s supervisor may adjust the employee’s work schedule with the consent of the employee.
7. Meetings: Upon request by the Association representative, the building principal will announce during the faculty meeting that the representative will make announcements concerning Association business at the close of the meeting. Attendance during the representative’s announcements shall be voluntary.
8. Public Records: Upon receipt of a written request identifying each specific public record desired by the Association, the Board shall make available such public records as defined by Florida Statutes 119, for inspection. Examination and the cost of duplication of public records shall be in accordance with Florida Statute 119.
   1. Business Necessity: In accordance with Florida Statute 119, sharing of confidential information may only occur under certain circumstances that are related to a business necessity. The District recognizes that such a business necessity exists as it relates to the Association’s fulfillment of its duties under Florida Statute 447.
   2. Bargaining Unit Information: A list of all bargaining unit members will be provided to the Association at the start of each fiscal year and on a regular basis thereafter. The Association agrees that personally identifiable information will remain confidential and will not be distributed to third parties. The Association agrees that information that is exempt from public inspection will not be disclosed without first obtaining the express written authorization of the District and the employee involved.
9. Consultation: The Association may request a consultation with the Superintendent for the purpose of seeking clarification and improving communication in areas affecting terms or conditions of employment. Such consultation shall be initiated by a written request to the Superintendent. A proposed agenda shall be submitted by the Association at the time of the request. The meeting shall be set at a time that will not require employment of a substitute.
10. Agreement: Within 30 days of ratification, District’s Printshop will print one copy for each work location.
11. Strikes: The Association agrees that it shall not authorize, sanction, condone, engage in or acquiesce in any strike as defined in Florida Statute 447.203. It further agrees that should any such violations occur as defined above, the Association shall be subject to such penalties as determined under Florida Statute 447.507.
12. Acceptable Use of the Board’s electronic mail system by the Association: The Association may have the use of the District’s electronic mail system for the purpose of informing members of the bargaining unit of scheduled meetings and official business of the Association implementing the collective bargaining agreement. Should any employee, whether a member or non-member, request that the Association cease sending them electronic mail communications, the Association shall immediately remove that employee’s name from the distribution list and shall not send the employee any further electronic communications. The Association shall comply with all applicable federal, state and local laws and Board policies regarding the use of such systems.

All communications shall be during the sender’s non-instructional time. The electronic mail system shall not be used for the distribution of information that is political, slanderous, defamatory, libelous, or in any way critical of the School Board, the District, the Superintendent or any administrator or other employee of the District. It shall not be used for campaign materials related to the internal election of the Association officers. Should the Association or its representative, acting on behalf of the Association, violate the terms of the agreement, the Superintendent shall have authority to suspend the right to use the electronic system up to 45 calendar days. Official business is defined as items approved by the Association’s Executive Board.