Section II Human Resource Policies and Procedures
F. Policies Regarding Nonclassified Employees
- Employment Terms
- All nonclassified 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.
- Employment Contracts
- An institution or school may provide employment contracts to its nonclassified employees. If an institution
or school chooses to offer employment contracts to its nonclassified 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 or school may elect to include in order to define the contract of employment. Nonclassified employees
have no continued expectation of employment beyond their current contract of employment.
- Each employee must acknowledge receipt and acceptance of the terms of the employment contract by signing
and returning a copy to the institution or school 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 or school 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 or school.
- 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 or school." 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
nonrenewed pursuant to Section II.F.5. of Board Policy.
- No contract of employment with such an employee may exceed one (1) year without the prior express approval of
the Board. 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 or school, and, where applicable,
of the Board.
- Compensation
- Salary - All nonclassified employees shall receive a fixed salary. Payment in addition to the fixed salary may
be authorized by the chief executive officer and reported to the Board. All initial salaries for nonclassified
employees are established by the chief executive officer, subject to approval by the Board where applicable.
The Board may make subsequent changes for any nonclassified 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 nonclassified 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.
- Salaries, Salary Increases and other Compensation related items
- 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), or its equivalent, without prior Board approval.
- 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.
- Overtime Compensation - Nonclassified employees earning annual leave at the equivalent rate of two (2) days for
each month or major fraction thereof of credited state service are not eligible for either cash compensation or
compensatory time off for overtime work. Nonclassified employees in positions that are defined as "non-exempt"
under the Fair Labor Standards Act earn overtime at a rate of one and one-half (1½) hours for each overtime hour
worked. Other nonclassified employees may earn compensatory time off at the discretion of the chief executive
officer at a rate not to exceed one (1) hour of compensatory time for each hour of overtime worked.
- Credited State Service - The basis for earning credited state service will be the actual hours paid not to
exceed forty (40) per week.
- Pay Periods - All nonclassified employees are paid in accordance with a schedule established by the state
controller.
- Automobile Exclusion - Unless expressly authorized by the Board, no nonclassified employee will receive an
automobile or automobile allowance as part of his or her compensation.
- Annual Leave
- Nonclassified employees at the institutions, agencies or school 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.
Nonclassified employees in positions which are covered under the Fair Labor Standards Act earn annual leave
according to § 67-5334 and are subject to the maximum leave accruals in § 67-5335(2).
- Nonclassified employees appointed to less than full-time positions earn annual leave on a proportional basis
dependent upon the terms and conditions of employment.
- Professional Leave - At the discretion of the chief executive officer, nonclassified employees may be
granted professional leave with or without compensation under conditions and terms as established by the
chief executive officer.
- Performance Evaluation
Each institution, agency or school must establish policies and procedures for the performance evaluation of
nonclassified 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 nonclassified 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.
- Non-Renewal of Nonclassified Contract EmployeesM
- Notice of the decision of the chief executive officer to nonrenew a contract of employment must be
given in writing to the nonclassified 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
nonrenewal need not be stated. Nonrenewal without cause is the legal right of the Board. If any reasons for
nonrenewal are provided to the employee for information, it does not convert the nonrenewal to dismissal for
cause and does not establish or shift any burden of proof. Failure to give timely notice of nonrenewal 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.
- Except as set forth in this paragraph, nonrenewal is not grievable within the institution or school 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 or school that the nonrenewal 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 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 or school is required to offer evidence of its reasons for
nonrenewal only if the employee has made a prima facie showing that the recommendation of nonrenewal 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 nonrenewal. Following the discrimination
grievance procedures, if any, the decision of the institution or school, is final, subject to Section II.F.5. c.,
below.
- The nonclassified contract employee may petition the Board to review the final action of the institution or
school. 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).
- Tenure
Nonclassified 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.
Additional Resources
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