II.F. – Policies Regarding Nonclassified Employees – 10-2018

1. Employment Terms

1. All non-classified employees, except those set forth in Section II.F.1.b. below, serve at the pleasure of the chief executive officer, and may be dismissed at any time, with or without cause, and without notice, at the discretion of the chief executive officer.
2. Employment Contracts
   1. An institution may provide employment contracts to its non- classified employees. If an institution chooses to offer employment contracts to its non-classified employees, the employment contract must include the period of the appointment, salary, pay periods, position title, employment status and such other information as the institution may elect to include in order to define the contract of employment. Non- classified employees have no continued expectation of employment beyond their current contract of employment.
   2. Non-classified employees, who serve pursuant to contracts of employment containing a stated salary are not guaranteed such salary in subsequent contracts or appointments, and such salary is subject to adjustment during the contract period due to financial exigency (as provided for in Section II.N of Board Policy) or through furlough or work hour adjustments (as provided for in S ection II.B.2.c of Board Policy).
   3. Each employee must acknowledge receipt and acceptance of the terms of the employment contract by signing and returning a copy to the institution initiating the offer of appointment. Failure or refusal of the employee to sign and return a copy of the employment contract within the time specified in the contract is deemed to be a rejection of the offer of employment unless the parties have mutually agreed in writing to extend the time. Nothing in this paragraph prohibits the institution from extending another offer to the employee in the event the initial offer was not signed and returned in a timely manner. Any alteration by the employee of the offer is deemed a counter- offer requiring an affirmative act of acceptance by an officer authorized to enter into contracts of employment binding the institution.
   4. Each contract of employment shall include a statement to the following effect and intent: “The terms of employment set forth in this contract of employment are also subject to the Governing Policies and Procedures of the State Board of Education (or the Board of Regents of the University of Idaho, in the case of University of Idaho), and the policies and procedures of the institution.” The contract shall also state that it may be terminated at any time for adequate cause, as defined in Section II.L. of Board Policy, or when the Board declares a state of financial exigency, as defined in Section II.N. of Board Policy. The contract shall also state that it may be non- renewed pursuant to Section II.F.5. of Board Policy.
   5. No contract of employment with such an employee may exceed one (1) year without the prior express approval of the Board, with the exception of employment agreements for athletic directors and coaches as set forth in Section II.H. of Board Policy. Employment beyond the contract period may not be legally presumed. Renewal of an employment contract is subject solely to the discretion of the chief executive officer of the institution, and, where applicable, of the Board.

2. Compensation

1. Salary – All non-classified employees shall receive a fixed salary. A payment in addition to the fixed salary for an employee on annual contract or agreement may be authorized by the chief executive officer for documented meritorious performance, to compensate a professional annual employee for short-term work assignments or additional duties beyond what is outlined in an employee’s contract or agreement, or as incentive pay. Incentive pay may be paid for achievement of specific activities, goals or certifications as may be established by an institution in conjunction with certain programs or initiatives. All initial salaries for non- classified employees are established by the chief executive officer, subject to approval by the Board where applicable. The Board may make subsequent changes for any non-classified employee salary or may set annual salary guidelines and delegates to its executive director authority to review compliance with its annual guidelines. Any annual salary increase outside Board guidelines requires specific and prior Board approval before such increase may be effective or paid to the non- classified employee. With the exception of the chief executive officers, and other positions whose appointment is a reserved Board authority, approval of salaries shall be effective concurrently with Board approval of annual operating budgets for that fiscal year.
2. Salaries, Salary Increases and other Compensation related items
   1. Salaries for new appointments to dean, associate/assistant dean, vice president, and president/vice president direct-report positions may not exceed the median rate for such position established by the College and University Professional Association for Human Resources (CUPA-HR), or its equivalent, without prior Board approval.
   2. Appointments to acting or interim positions shall be at base salary rates no greater than ten percent (10%) more than the appointees’ salary rate immediately prior to accepting the interim appointment or ninety -five percent (95%) of the prior incumbent’s rate, whichever is greater.
   3. Overtime Compensation – Non-classified employees in positions that are defined as overtime eligible under the Fair Labor Standards Act (FLSA) earn cash compensation or compensatory time off at a rate of one and one- half (1½) hours for each overtime hour worked.
   4. Credited State Service – The basis for earning credited state service will be the actual hours paid not to exceed forty (40) per week.
   5. Pay Periods – All non-classified employees are paid in accordance with a schedule established by the state controller.
   6. Automobile Exclusion and Courtesy Vehicles – With the exception of courtesy vehicles provided for use by local car dealerships, no employee will receive an automobile or automobile allowance as part of his or her compensation, unless expressly authorized by the Board. The use of institution-registered courtesy vehicles is subject to the following requirements:
      1. Courtesy vehicles will be covered by Risk Management in accordance with the Risk Management Liability program and Idaho Tort Claims Act when used on state business.
      2. Personal use of courtesy vehicles is not allowed unless the assigned employee acquires at his/her own cost, personal automobile insurance with at least the following coverage:
         1. 1. Employee to provide a personal automobile insurance policy with at least $500,000 combined single limits;
            2. Personal automobile policy must include a non- owned automobile endorsement clause.

3. Annual Leave

1. Non-classified employees at the institutions, agencies earn annual leave at the equivalent rate of two (2) days per month or major fraction thereof of credited state service. Twelve- month employees employed at the entities named above may accrue leave up to a maximum of 240 hours. An employee who has accrued the maximum will not earn further leave until the employee’s use of annual leave reduces the accrual below the maximum.

   Notwithstanding the preceding paragraph, non- classified employees in positions which are overtime eligible under the FLSA earn annual leave in accordance with and subject to the maximum leave accruals in Section 67- 5334, Idaho Code (Personnel System). Non- classified employees in positions which are not overtime eligible under the FLSA as of November 30, 2016, but become overtime eligible under the federal Department of Labor’s final rule updating the FLSA’s overtime regulations which goes into effect on December 1, 2016, shall continue to accrue vacation leave as set forth in the preceding paragraph, provided the employee remains in the same position.

2. Non-classified employees appointed to less than full-time positions earn annual leave on a proportional basis dependent upon the terms and conditions of employment.
3. Professional Leave – At the discretion of the chief executive officer, non- classified employees may be granted professional leave with or without compensation under conditions and terms as established by the chief executive officer.
4. Pursuant to section 59 -1606(3), Idaho Code, when a classified employee’s position is changed to non- classified, or when a classified employee is moved into a non- classified position, and that employee, due to the employee’s years of service, has an annual leave balance in excess of 240 hours, then the institution may pay the employee as supplemental pay the balance that is in excess of 240 hours.

4. Performance Evaluation

Each institution or agency must establish policies and procedures for the performance evaluation of non- classified employees, and are responsible for implementing those policies in evaluating the work performance of employees. The purposes of employee evaluations are to identify areas of strength and weakness, to improve employee work performance, and to provide a basis on which the chief executive officers and the Board may make decisions concerning retention, promotion, and merit salary increases. All non- classified employees must be evaluated annually. Any written recommendations that result from a performance evaluation must be signed by the appropriate supervisor, a copy provided to the employee and a copy placed in the official personnel file of the employee. Evaluation ratings that result in findings of inadequate performance of duties or failure to perform duties constitute adequate cause as set forth in Section II.L. of Board Policy.

5. Non-Renewal of Non- classified Contract Employees

1. Notice of the decision of the chief executive officer to not renew a contract of employment must be given in writing to the non- classified employee at least sixty (60) calendar days before the end of the existing period of appointment for annual appointments. For appointments of less than one year, the written notice must be at least thirty (30) days prior to the end of the existing period of appointment. Reasons for non- renewal need not be stated. Non- renewal without cause is the legal right of the Board. If any reasons for non- renewal are provided to the employee for information, it does not convert the non- renewal to dismissal for cause and does not establish or shift any burden of proof. Failure to give timely notice of non- renewal because of mechanical, clerical, mailing, or similar error is not deemed to renew the contract of employment for another full term, but the existing term of employment must be extended to the number of days necessary to allow sixty (60) (or thirty days where applicable) calendar days’ notice to the employee.
2. Except as set forth in this paragraph, non- renewal is not grievable within the institution nor is it appealable to the Board. However, if an employee presents bona fide allegations and evidence to the chief executive officer of the institution that the non-renewal of the contract of employment was the result of discrimination prohibited by applicable law, the employee is entitled to use the internal discrimination grievance procedure set forth in Section II.M. to test the allegation. If the chief executive officer is the subject of the allegations, the employee may present the bona fide allegations and evidence to the Executive Director. The normal internal grievance procedure for discrimination must be used unless changed by mutual consent of the parties. The ultimate burden of proof rests with the employee. The institution is required to offer evidence of its reasons for non- renewal only if the employee has made a prima facie showing that the recommendation of non-renewal was made for reasons prohibited by applicable law. Unless mutually agreed to by the parties in writing, the use of the discrimination grievance procedure will not delay the effective date of non- renewal. Following the discrimination grievance procedures, if any, the decision of the institution, is final, subject to Section II.F.5.c., below.
3. If, and only if, the chief executive off icer is the subject of the alleged discrimination prohibited by applicable law, the non- classified contract employee may petition the Board to review the final action of the institution. Any petition for review must be filed at the Office of the State Board of Education within fifteen (15) calendar days after the employee receives notice of final action. The Board may agree to review the final action, setting out whatever procedure and conditions for review it deems appropriate, or it may choose not to review the final action. The fact that a review petition has been filed will not stay the effectiveness of the final action, nor will the grant of a petition for review, unless specifically provided by the Board. Board review is not a matter of right. An employee need not petition for Board review in order to have exhausted administrative remedies for purposes of judicial review. Nothing in this section should be construed as any prohibition against filing a complaint with any appropriate state or federal entity, including but not limited to the Equal Employment Opportunity Commission (EEOC) or the Idaho Human Rights Commission (IHRC).

6. Tenure

Non-classified employees are generally not entitled to tenure. Certain, very limited, exceptions to this general rule are found in Subsection G.6 of these personnel policies and procedures.