Policy 3.304

Retention Agreement for Administrative Professional, Managerial, Confidential and Miscellaneous Personnel

1. Purpose.-- The purpose of the Retention Agreement (the "Agreement") is to:

1. ensure the continuity of talent developed within the School District of Palm Beach County "SDPBC" regarding critical skills; and

2. recognize the market competitiveness for key skill sets in the marketplace.

2. Method.-- Such Retention Agreements shall be awarded by the District Leadership Committee (comprised of the Superintendent, the Chief Academic Officer, the Chief Operating Officer, and the Chief Counsel), the ("Committee") of the SDPBC and in accordance with the provisions below. The Agreement defines the terms and conditions by which select critical skills employees (both existing and new hires) may receive a supplement over and above the District's salary schedule for each year covered by the multi-year agreement in which they meet the terms of the agreement. The Model Agreement is incorporated herein by reference.

3. Eligible Participants.-- This Policy is limited to implementation of the Enterprise Resource Project ("ERP") process employees who meet the following: non-bargaining unit full time employees in the Administrative / Professional / Managerial "S", Confidential "C", and Miscellaneous "M" employee groups, with a performance evaluation of satisfactory or above, are eligible to participate in the Plan at the selection and discretion of the Committee. Definitions of these employee groups may be found on the District's web site http://www.palmbeach.k12.fl.us/Jobs/publications/salaryhandbook.htm or obtained from the District's Office of Public Affairs.

4. Plan Administration.-- The duties of the Committee shall include: determining eligibility for, and administering and interpreting the Agreement in accordance with Federal and State Law, and the provisions outlined in section (5) below. Any interpretation of the Agreement or other act of the Committee in determining eligibility for, and administering or interpreting the Agreement shall be final and binding on all participants.

5. Retention Agreement.-- For each fiscal year period, and on an individual case by case basis, the Committee shall determine the amount and terms of a Participant's Agreement as follows

1. General.-- The maximum amount of a Participant's Agreement shall be set by the Committee relative to each Period based on the following factors including: skills deemed critical to the District, relevant market pay considerations; experience, and individual performance. In no event, however, shall a Participant's Agreement exceed twenty-five thousand dollars ($25,000) per fiscal year, and there shall be no obligation or expectation that the Committee provide awards at the maximum.

2. Standards.-- The standards for individual Agreements shall be set by the Committee and may change for each individual Agreement based on factors including: skills deemed critical to the District, demand for skill sets in the market, relevant market pay considerations; experience; competitive rates of pay for in-demand skill sets; and individual performance as set forth in the model Agreement. These standards shall include:

1. particular critical skill sets eligible for the Agreement based on demand in the marketplace for these skill sets;

2. the annual supplement amounts to be paid;

3. the payment schedule; and

4. the term of the Agreement.

3. Individual Agreements.-- All individual agreements are subject to the review, adjustment, and advice of the Chief of Human Resources with final approval by the Committee.

6. Employment Rights.-- The Agreement does not constitute a contract of employment and does not give a Participant the right to continue in the employ of the District on a full-time, part-time, or any other basis. The Agreement does not give any Participant any right or claim to any benefit under the Agreement, unless such right or claim has specifically been granted by the Committee under the terms of the Agreement.

7. Committee's Decision Final.-- Any interpretation of the Plan and any decision on any matter pertaining to the Plan which is made by the Committee in its discretion in good faith based on the factors within this Policy shall be binding on all persons. No grievance or appeal may be filed except to the extent permitted by applicable federal or state law.