Non-Represented Employee
Policy 1984-14-A: Terms and Conditions of Employment of Senior Policy Executives
Board of Governors Amended Human Resources Policies
BOG Policies
Who will get appointment letters pursuant to this revised Policy?
Employees appointed to management positions 200 and above should receive an appointment letter from the university president or the president’s designee. To be clear, the appointment is made by letter. Pursuant to Act 188, 24 P.S. §§ 20-2001A et seq., only the chancellor and university presidents receive employment contracts, which are formal legal documents that must be approved by the Board of Governors and go through form and legality review.
What is the maximum term of appointment for a senior policy executive?
The university president or the president’s designee may appoint a senior policy executive (management position 200 and above) to a fixed term up to two years. Reappointments may be made for fixed terms up to two years and should be based on a qualitative review of the employee’s performance pursuant to sound Human Resources Management practices.
What happens to the existing rolling “contracts” with university vice president, deans and the presidents’ deputies?
Must new appointment letters be issued to these individuals comporting with the Policy or may they continue to run until they expire, and then issue them new appointment letters?
The “appointment” for these individuals will have to comport with the amended Policy and run for a fixed term of up to two years.
How do we handle appointments between now and July 1, 2013?
It is recommended that universities give deference to the revised Board of Governors’ Policy when making appointments between now and the effective date of the revised policy, July 1, 2013. While the current Board of Governors’ Policy provides for appointments of up to three years, effective July 1, 2013, such appointments may not exceed two years. Any letters of appointment made for more than two years between now and June 30, 2013 will be replaced with an appointment letter with a term not to exceed two years effective July 1, 2013.
Can the implementation procedures on campus provide for more notice of termination than found in the Policy? (Employees are required to give 30 days’ notice)
Yes. Universities may establish procedures regarding the communication of renewals/non-renewals. Renewal decisions may be communicated up to one year prior to the end date of the appointment. For example, if a Manager 200 is appointed on July 1, 2013 and is given a two year appointment with an end date of June 30, 2015, the university president may reappoint the manager for up to one additional year (in this example, until June 30, 2016) on July 1, 2014. Non-renewal decisions may be made at any time. Please note: While the BOG Policy does not require any notice of renewal/non-renewal, universities are expected to employ sound Human Resources Management practices when addressing performance issues.
Will the appointments affect an employee’s current anniversary date?
There will be no impact on or changes to an employee’s anniversary date.
Will the appointments affect an employee’s years of service and possible retirement date?
There will be no impact on or changes to an employee’s years of service or possible retirement date.
If a senior policy executive (management position 200 and above) is terminated with or without cause, is that senior policy executive entitled to the compensation and benefits in full under the terms of their appointment or would compensation and benefits end with the date of termination?
If a senior policy executive (management position 200 and above) is terminated for cause, the university has no obligation to provide compensation and benefits past the date of termination. It the senior policy executive (management position 200 and above) is terminated without cause, the senior policy executive (management position 200 and above) will receive full compensation of the remainder of the appointment term and benefits up to the maximum term eligible under the law (COBRA) upon execution of a settlement and release agreement. The settlement and release agreement is the contract that authorizes the university to pay the consideration (i.e. balance of the appointment).
If a senior policy executive (management position 200 and above) is terminated, does the senior policy executive receive annual and sick leave?
Annual and sick leave payouts are not changed by revised Policy 1984-14-A: Terms and Conditions of Employment of Senior Policy Executives. Upon termination or non-renewal, annual and sick leave payouts shall be made pursuant to Pennsylvania law, Board of Governors policies, and PASSHE procedures/standards.
If a senior policy executive (management position 200 and above) is terminated, is the senior policy executive eligible for unemployment compensation?
Eligibility for unemployment compensation is not changed by revised Policy 1984-14-A: Terms and Conditions of Employment of Senior Policy Executives. Upon termination or non-renewal, senior policy executives may be eligible for unemployment compensation as applicable under Pennsylvania law.
Should we still use the PASSHE Administrative Manual and Resource Guide?
Yes, or any reiteration or reissued guide and any applicable Board of Governors policies and PASSHE procedures/standards.
How will campuses handle requests for and approval of professional development leaves?
Universities may already have procedures in place for the approval of professional development leaves since Vice Presidents were eligible for professional development leave under the previous policy. It is suggested that universities that do not have a policy and procedures in place develop such a policy. Universities should ensure that such policies and procedures are fair and consistent with the tenets of equal opportunity.
Does revised Policy 1984-14-A: Terms and Conditions of Employment of Senior Policy Executives affect those employees (Provosts and Academic Deans) who have been or will be granted tenure pursuant to Article 15 of the Collective Bargaining Agreement between the Association of Pennsylvania State College and University Faculties (APSCUF) and the Pennsylvania State System of Higher Education?
No.
Policy 1983-01-A: Merit Principles
Who is covered by revised Policy 1983-01-A: Merit Principles?
Management employees classified as 190 and below are the only employees subject to Policy 1983-01-A: Merit Principles.
Who will get appointment letters pursuant to this revised Policy?
Current employees appointed to management positions 190 and below should receive a letter from the university president or the president’s designee notifying them they are subject to revised Policy 1983-01-A: Merit Principles.
With respect to new employees in management positions classified 190 or below, appointment letters should include language notifying the employee that they are covered by Policy 1983-01-A: Merit Principles.
Recommended language is provided with the draft letter package.
Should we still use the PASSHE Administrative Manual and Resource Guide?
Yes, or any reiteration or reissued guide and any applicable Board of Governors policies and PASSHE procedures/standards.
