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The legal corporate employer of all staff of the Presbytery Office and of the Speer Commission is New Castle Presbytery, a legal corporation in the state of Delaware, and the Presbytery of New Castle, a legal corporation in the state of Maryland.

Personnel policies and guidelines are determined by Presbytery Council upon the recommendation of the Operations Unit.

These personnel policies are established as personnel policies of New Castle Presbytery with regard to all staff that the Presbytery employs for service including employees of the Presbytery Office and the Speer Commission.

The Presbytery will establish and administer a process that will enable the development and implementation of employment practices that are administered without discrimination according to race, color, national origin, sex, age, marital status, sexual orientation, creed, religious affiliation (except where religious affiliation is determined to be a bona fide occupational qualification) or disability.

The Presbytery will establish and administer a process of compensation wherein the individual employee's compensation is determined on the basis of a system of job evaluation and classification, equitable salary scale, and increments determined in light of economic factors and an annual performance review and evaluation. Such a process will include interpretation of the salary program to employees and participation of employees in describing their responsibilities.

The Presbytery will establish and administer a process wherein authorized expenses incurred by employees in the performance of their work assignments are reimbursed, after approval, through an adequate, uniform, voucher-based system. Reimbursement for business mileage will be at the rate established by the Internal Revenue Service.

The Presbytery will assist in meeting the needs of its employees for medical services and insurance, pension coverage, vacations, and leaves, etc., consonant with the goals and financial capacity of the employer.

The Presbytery will establish and sustain a process that assures the employee of equitable working hours; necessary equipment to perform tasks; humane treatment; clean, pleasant, and safe working conditions; etc., to the extent these are feasible within the goals and financial capacity of the employer.

The Presbytery will establish and administer a process that will ensure all employees a fair and equitable opportunity for quick resolution of work problems and for the hearing and resolution of misunderstandings and complaints that may arise in the administration of the personnel system. Employees of the Presbytery will abide by the Sexual Misconduct Policies and Procedures of the Presbytery.

A position description shall be developed for each exempt and non-exempt position of the Presbytery. Position descriptions should be kept current through review and alteration whenever significant change(s) in responsibilities of the position are evident. Ample opportunity shall be given for the employee to participate fully in the process of suggesting changes in the position description.

All new and vacant positions shall be validated by the Presbytery's Council upon the recommendation of the Operations Unit or the Speer Commission.

Exempt staff shall be elected in accordance with the Manual of the Presbytery, the affirmative action program of the Presbytery and guidelines established by the Council upon the recommendation of the Operations Unit. Election is ordinarily for a five-year term. All exempt staff shall be provided with a written call, prepared by the Chairperson of Presbytery's Council, stating the terms of employment. All written calls will contain wording that will indicate the intent of the employer to honor the terms of a call except in case of a failure of the employee to perform satisfactorily or in the case of a change in structure or function (in which case adequate notice and assistance in relocation will be given).

People employed in exempt positions are not paid overtime wages for hours worked in excess of the established office hours. Ordinarily a full time exempt staff will work approximately 48 hours a week. Such employees are expected to manage their schedules to provide them with a minimum of one full day off each week.

In addition to an annual performance review and evaluation, all exempt staff shall be subject to a comprehensive review and evaluation, completed one year prior to the end of his/her term.

Non-exempt staff of the Presbytery Office shall be employed by the Presbytery Executive. Non-exempt staff of the Speer Trust Commission shall be employed by the Director of the Speer Trust Commission. Non-exempt staff shall serve for an indefinite period, and shall receive an annual performance review and evaluation.

The first three months of employment of non-exempt personnel is a probationary or trial period giving the employee and her/his supervisor an opportunity to evaluate interest and qualifications for the position under actual working conditions.

The normal work week for a full time non-exempt staff person shall be 35 hours a week (except for ten weeks in the summer during which the normal work week shall be 31 and 1/2 hours). People employed in non-exempt positions shall be paid overtime wages for hours worked in excess of 40 hours a week. Overtime pay is at the rate of one-and-a-half times the regular hourly rate. All overtime work must be approved by a supervisor in advance. Compensatory time off for hours worked in excess of 40 hours a week is not allowed.

If the formal work week for a non-exempt position has fewer than 40 hours a week, all hours worked up to 40 hours a week will be paid at the regular hourly rate. However, compensatory time off, i.e., one hour for each hour worked, may be given in lieu of payment for hours worked in excess of the normal work schedule but fewer than 40 hours a week.

An employee's total credited service for purposes of the implementation of personnel policies shall include all regular full-time and, on a prorated basis, regular part-time service on the staff of any Presbyterian Church (U.S.A.) governing body (or its predecessor).

Except when required by law, no information regarding an employee will be given by the employer in writing or orally to any organization including a prospective employer unless the employee has given written permission to do so.

The employer does not give an employee or former employee an open reference. The employer will verify telephone inquiries for dates of employment and salary and will answer written requests for additional information if the person concerned provides a signed release. Otherwise, only dates of employment and job title will be given.

All individual salaries will be reviewed annually by the Operations Unit and the Speer Commission and will also be reviewed when there are changes in duties or responsibilities that may call for a change in salary.

Individual salary changes will be made based on performance, on considerations of relative equity, on position in salary range and on appropriate career progression. Length of service alone is not considered a valid reason for an increase.

Under the Internal Revenue Code, an ordained minister may exclude from her/his gross income for tax purposes, if it is designated in advance, any housing allowance paid as part of her/his compensation. Any amount of the housing allowance not used will be taxable as salary.

Up to two-weeks' annual study leave with pay may be granted to exempt staff. Study leave will be granted when the employee and the supervisor have agreed on the appropriate timing of the leave and upon clearly identified goals that are related to the needs of the individual and the employer. Annual study leave may be cumulative from year to year for up to three years. The total accumulation of annual study leave will be no more than six weeks. Pay in lieu of this leave will not be provided.

A voluntary choice of separation freely made by the employee may take place after one month's written notice for exempt employees or two weeks' written notice for non-exempt employees. All such employees will receive pay for accrued vacation. Vacation pay is forfeited if notice is not given.

An employee's employment may be terminated by the employer for reasons other than those enumerated under Dismissal for Cause in 6.03. For non-exempt staff, termination without prejudice will be made upon the recommendation of the supervisor with the written endorsement of the Operations Unit (for the Presbytery Office) or the Speer Commission (for the Speer Commission). For exempt staff of the Presbytery Office termination without prejudice will be made upon the recommendation of the Operations Unit with the written endorsement of the Presbytery Council. For exempt staff of the Speer Commission termination without prejudice will be made upon the recommendation of the Speer Commission Chairperson with the written endorsement of the Speer Commission.

Employees terminated without prejudice will be entitled to notice, severance allowances and out-placement assistance as outlined and limited in 6.05.

Dismissal of non-exempt staff for cause may take place by written notice of the supervisor giving specific reasons for termination. Dismissal of Presbytery Office exempt staff for cause may take place by action of the Council, written notice of the Council Chairperson and the concurrence of the Presbytery. Dismissal of Speer Commission exempt staff for cause may take place by action of the Speer Commission, written notice of the Commission Chairperson, and the concurrence of the Presbytery.

Notice must be given or pay in lieu of notice of one month for exempt employees or two weeks for non-exempt employees. No severance allowance will be paid, but employees who are dismissed will received the cash equivalent of their unused earned vacation.

a. unsatisfactory performance,
b. insubordination in the line of assigned duties,
c. neglect in the care and use of Presbytery property and funds,
d. sexual harassment,
e. repeated, unexcused absence/repeated absences or tardiness,
f. illegal, dishonest, or unethical conduct,
g. repeated failure or refusal to observe employer policies.

Discharge of an employee is always considered to be an action of last resort, taken after remedial measures have been proven ineffective or when the employee's conduct is such as to preclude further employment. Written documentation is required prior to recommendation for dismissal unless immediate dismissal is considered to be necessary for safety of people or property. Dismissal is subject to the complaint procedure as outlined in these policy guidelines.

If the Presbytery or the Speer Commission, because of a fundamental change in long-range objectives, reorganizational changes, or a serious change in financial outlook, is required to make a reduction in work force, the decisions and procedures by which staff members will be released will be fairly and consistently applied to all staff. Written notice to all staff announcing the reduction and reasons for it will be issued by the Chairperson of the Council or the Chairperson of the Speer Commission.

6.05 Outplacement Assistance (for cases of Reduction of Force or Termination Without Prejudice)

A terminated employee will be offered personal assistance, career guidance, and help in locating employment elsewhere.

6.06 Schedule of Allowance and Assistance (for cases of Reduction of Force or Termination Without Prejudice)

Six months' notice will be given to exempt employees and three months' notice will be given to non-exempt employees. If during the notice period, the employee secures employment elsewhere

=the obligations of the employer with regard to the remainder of the notice period are forfeited, and

=the obligations of the employer with regard to the severance allowance continue in force.

In addition to the period of notice, a severance allowance will be given in relation to the length of service with the Presbyterian Church (U.S.A.):

0 to 1 years of service	0 weeks severance allowance
1 yr up to 2 yrs	2 weeks
2 yrs up to 3 yrs	4
3 yrs up to 4 yrs	5
4 yrs up to 5 yrs	6
5 yrs up to 6 yrs	7
6 yrs up to 7 yrs	8
7 yrs up to 8 yrs	9
8 yrs up to 9 yrs	10
9 yrs up to 10 yrs	11
10 yrs up to 15 yrs	12
15 yrs up to 20 yrs	13
20 yrs up to 25 yrs	14
25 yrs and above	15

Payment of severance allowance will be achieved in one of the following two ways as determined by the employer after consultation with the employee:

1. Lump sum payment - The total amount of the salary due as severance will be paid in not more than two payments. The payment or payments shall be completed within six months of the employee's last day of work.
2. Continued salary - The employee's salary will continue on the regular schedule through the severance period.

The employer's share of the employee's pension and other benefits payments will be continued to be paid by the employer during the severance period if payment of severance is on the basis on continued salary noted above. Pension and other benefit payments will not be continued if the severance allowance is made in one or two lump sum payments. No additional vacation and entitlement will accrue during the severance period.

In the event of the death of either an exempt or non-exempt employee, the salary of that person will be continued to the spouse or dependent for four weeks from the date on which the death occurs. Death benefits are also provided through the pension and benefits plans of the Presbyterian Church (U.S.A.).

To facilitate the development of open, orderly channels of communication among all levels of the organization, employees are encouraged to take initiative in seeking answers to their questions or solutions to their work-related problems through immediate discussion with their supervisor. In so doing they must be free from retribution. Supervisors are expected to maintain open communication with their employees, to give prompt consideration to their suggestions, and to provide active assistance in dealing with their concerns or complaints.

To assure promptness and equity in answering employees' concerns and to achieve early resolution of their working problems, it is recommended that employees normally take these sequential steps:

In those cases where solution to a problem has not been worked out in discussion with an employee's supervisor or if no reply has been received within ten working days of the initial discussion with the supervisor, the employee should take up the matter with the Personnel Work Group Chairperson of the Operations Unit.

In the event that a satisfactory resolution has not been reached with the Personnel Work Group Chairperson, or if no reply has been received within ten working days of the request for help, the employee should request the Chairperson of the Council (for Presbytery staff) or the Chairperson of the Speer Commission (for Speer Commission staff) to study the matter and try to discover a solution.

a. If the Preliminary Complaint Procedure fails to provide an acceptable remedy, the employee may file a written complaint and apply for formal mediation. Application for mediation must be received no later than 30 days after the employee has requested the Chairperson of the Council or the Speer Commission to study the matter and try to discover a solution. A copy of the written complaint will be furnished within five working days to the complainant, the respondent, and any others involved. Within 15 working days of the receipt of the complaint, all parties must furnish written documentation of all facts and interpretations related to the case, together with any additional statements they care to make.

b. Annually the Presbytery Council will appoint a Panel of Mediators. For a particular case, one mediator from among the panel will be appointed by the Chairperson of the Council.

c. The written material on a case shall be submitted to the mediator, who will review with the complainant and the respondent(s) the content of the material and seek whatever additional information may be appropriate for a satisfactory resolution. After these reviews are held, the mediator shall make a report to the complainant and the respondent.

d. After receipt of the report, the mediator shall determine whether the complaint has been resolved by mutual agreement of the parties involved. If it has not, she/he shall seek a resolution.

If formal mediation fails to resolve the case within 15 working days from receipt of the mediator's report, the complaint will automatically be submitted to binding arbitration. A panel of three hearing officers, none of whom shall have been involved in the grievance procedure to this point, shall be selected by the Moderator of the Presbytery. The complainant and the respondent shall each eliminate one name. The arbitration process should be convened within 60 working days of the submission of the complaint for binding arbitration. The hearing officer shall consider all the relevant data and consult with parties involved. The hearing officer's decision shall be communicated to both the complainant and the respondent with copies of the decision to the Presbytery Council or to the Speer Commission. The ruling of the hearing officer shall be the final resolution of the alleged grievance and shall be binding upon each party. The Presbytery Council or the Speer Commission will be responsible for implementing the decision. The employee may arrange to have an advocate with her/him at all steps of the formal process, at no expense to the employer.

A written record of all decisions arrived at in all complaint procedure meetings shall be kept with the confidential minutes of the senior executive of the employing body and in the employee's personnel file.

The letter of decision from the convening authority shall contain provision for the complaining party to indicate acceptance or rejection of the decision.

The record may be inspected by the involved employee at the employee's request. The file record containing the confidential minutes is not to be shared for use in any employment decision unless the employee is made aware of such use.

All personnel are covered by the Federal Old Age and Survivors Benefits Act (Social Security). The employee's share of the tax is withheld from the wages of staff who are not Ministers of the Word and Sacrament. Staff who are Ministers of the Word and Sacrament are considered self-employed and Social Security taxes are neither withheld nor paid for them.

All full-time exempt employees are enrolled in the Presbyterian Church (U.S.A.) Pension Plans for which full dues are paid by the Presbytery. Full-time non-exempt employees may choose to participate in the Presbytery's lay annuity program.

Major medical protection for exempt employees and dependents is provided to participants through the program of the Board of Pensions. Exempt staff are also a part of the medical wrap program of the Presbytery. Non-exempt staff shall be enrolled in a qualified health insurance plan or sign a document assuring the Presbytery of adequate medical insurance.

8.04 Vacation

A vacation with pay is provided for all full-time employees. Vacation entitlement is computed each January 1st and is granted as follows:

1 year of service                   10 days vacation per year
2 years                                 11
3-9 yrs                                 15
10-25                                   22
26 and after                          27

Employees will be encouraged to take their full vacation each year. Only 10 vacation days will be allowed as carryover vacation from one year to the next. For the Presbytery Office any carryover in excess of 10 days requires the advance approval of the Executive Presbyter (excess carryover for the Executive Presbyter requires the advance approval of the Council Chairperson). For the Speer Commission any carryover in excess of 10 days requires the advance approval of the Director (excess carryover for the Director requires the advance approval of the Commission Chairperson).

All employees of New Castle Presbytery will have 14 holidays a year:
New Year's Eve Day and New Year's Day
Martin Luther King, Jr., Day
President's Day
Good Friday
Monday after Easter
Memorial Day
Independence Day
Labor Day
Columbus Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve Day
Christmas Day

When a holiday falls on a Saturday or Sunday, it will be observed as a holiday on the nearest Friday or Monday respectively. When a holiday occurs during an employee's vacation or sick leave, the employee will be granted an offsetting day off.

Full-time employees will receive ten working days of sick leave each calendar year cumulative up to 120 days to be used for personal, family or member of the same household illness. Sick-leave entitlement during the first year of employment will be prorated according to the length of employment. The ten days of additional sick leave will be credited on January 1 of each successive year of employment. Total credited service will be included in computing entitlement of sick leave.

At the time of termination of employment, an employee shall have no claim for pay in lieu of unused sick leave.

Medical doctor certification may be required for the payment of off-the-job disability benefits. If an employee becomes disabled by illness or off-the-job injury after exhausting all accumulated paid sick leave benefits, the employee will be entitled also to the following benefits:

Short-Term Disability
a. Continued benefits for up to 26 weeks, calculated from the eighth day of the disability. The amount of the benefit will be equal to 60 percent of the employee's average pay for the 12 months' preceding the disability absence. In cases where the employee has not been employed for 12 months, the pay base for these benefits will be calculated by averaging the pay for the partial year served.
b. This 26 week entitlement, as prescribed above, includes the time during which the employee is in receipt of full pay benefits except for the first seven (7) days of disability.
c. This 26 week entitlement is for each unrelated illness for injury. A new benefit period will begin if the employee has returned to work for 13 weeks or more even though it may relate to the initial disability. If the return-to-work period is less than 13 weeks and the disability is related to the initial illness or injury, the disability payment is considered continuous unless all 26 weeks were previously exhausted. In that event, the disabled employee is eligible to file for Long Term Disability benefits through the Board of Pensions.
d. Benefit coverage (except vacation and sick leave accrual) and service credit will continue during the entire leave, with the cost of benefits paid by the employing unit.
e. Upon completion of the employee's short term disability leave, the employee will be entitled to return to his or her position. The position will not be filled during the leave except on a temporary basis.
f. Any salary increase action for which the employee may become eligible in the course of the short term leave will be effective on the employee's return to employment.

Long-Term Disability
a. An employee may be eligible for long-term disability benefits as a participating member of the Benefits Plan of the Presbyterian Church (U.S.A.). Eligibility for Long Term Disability benefits under this plan commences after 90 days off-the-job disability.
b. These long-term disability benefits are in the amount of 60 percent of the member's effective salary on the date disability began. The entitlement of this benefit will supersede Off-the-Job Disability benefits.
c. Payment of Long Term Disability benefits will be deferred until all accumulated sick leave is exhausted if sick leave accrual exceeds 90 days.

These disability benefits are designed to meet requirements of state governments where applicable. However, if in any situation an employee is entitled to Off-the-Job Disability benefit payments under a state or local law in excess of the entitlement described above, credit for the Presbytery's payments will be taken in meeting the required benefit payment.

All employees shall be covered by workers compensation insurance to provide for benefits in case of an on-the-job injury or illness. If an employee is determined to be eligible for a weekly workers' compensation benefit as a result of an on-the-job injury or illness, it will be coordinated with the employee's regular pay cycle. The total benefit payable by the Presbytery and the workers' compensation insurance carrier under this policy will be equal to but not greater than 100% of the employee's net pay. Net pay is defined as gross pay less all applicable deductions (i.e., payroll taxes, voluntary deductions required by law, and voluntary deductions the individual wishes to continue during the disability period).

All employees traveling on the employer's business should be covered with travel accident insurance at the employer's expense in a amount equal to three times the employee's annual salary but not to exceed the amount of $100,000. The coverage does not extend to situation where there are specific exclusions from eligibility prescribed by the insurance carrier.

Parental leave upon the birth, adoption or new guardianship of a child (two months at 75% pay or three months at 60% pay),

For jury duty (up to two weeks annually; in exceptional cases the Chairperson of the Presbytery Council or the Chairperson of the Speer Commission may grant additional leave of absence with pay for jury duty),

For personal or family emergencies or for other personal business which cannot be cared for outside of working business hours (up to three days annually),In case of death in the immediate family the employee will receive full pay for absence from the day of death up to and including day after burial. This leave should not exceed four working days. Time lost to attend a funeral locally may be counted as personal or family emergency leave to be arranged in consultation with an employee's supervisor,

Adequate time off for voting where election hours and work schedules would work a hardship on employees.

Leaves of absence without pay may be provided with the approval of the Council or the Speer Commission.

To protect against the full brunt of economic loss the Presbytery will endeavor to assist exempt employees, whether new or required to move by transfer, with moving expenses.

The Presbytery will reimburse new or relocated employees for certain expenses. The reimbursement policies are based on IRS conditions for deductible expenses. The schedule for allowance and assistance is as follows:

a. Reimbursement for one housing search trip for two adults for up to five days. Reimbursement will be for actual documented costs of commercial economy class transportation, use of personal auto or car rental, lodging, meals and incidental personal expenses including family care coverage.

b. An employee who presently owns her/his own home will be reimbursed for normal costs incident to the sale and purchase of a home, up to a maximum reimbursement of $6,000. The expenses are to be itemized and documented. Reimbursable expenses are limited to:

- real estate broker's fees and commissions for the sale of a home
- title search, abstract and other legal fees
- title insurance
- documentation and notary fees
- appraisal and inspection fees
- FHA or VA fees
- credit report costs
- mortgage transfer taxes, revenue stamps, etc.
- mortgage title insurance if required by the lender
- prepayment penalties for settling old mortgage
- seller points up to 3 percent of the mortgage loan as well as origination fees on any other required loans, up to 3 percent of the amount of the loan

c. Reimbursement for Duplicate Housing Costs

If an employee is unable to sell his/her home before closing on the purchase of a home in the new location, or if a renter is unable to abrogate a rental contract, reimbursement will be provided for duplicate costs of housing for up to $500 a month for three months. Costs to be reimbursed will include rent, real estate tax, utilities, necessary ordinary maintenance and mortgage interest. Mortgage loan amortization costs will not be reimbursed.

An employee who rents his/her present home and who decides to purchase a home may be reimbursed for costs for items listed above 8.12 b. that pertain to the purchase of a home up to a maximum reimbursement of $3,000.

An employee who rents her/his present home will be reimbursed for normal costs incident to the termination of present lease agreements in amounts up to two months' rent. These costs are to be itemized and documented and may include:

- broker's sublease fee
- forfeiture of deposit
- penalty for lease termination
- advertising costs for subleasing or transferring lease

f. Travel to New Location

The employee and immediate family will be reimbursed for travel to the new location by authorized transportation. If travel is by private automobile, costs will be reimbursed at the current IRS mileage rate, plus necessary fees for tolls, parking, etc. En route lodging and meals for the family will be reimbursed based on a normal travel distance of 400 miles a day.

The Presbytery will pay for the packing, crating, hauling and unpacking of household effects, including appliances, up to a maximum of 15,000 pounds, including the cost of full value insurance in transit.

If circumstances require that all or part of the family's effects be placed in storage, the cost of that storage will be covered for up to one year. Employee planning to store their effects should obtain advance approval. Reimbursable cost includes storage, occasional interim access, insurance and delivery.

Employees and their families who are unable to move into their new residence will be reimbursed for temporary living costs for up to 30 days at the new location. Actual itemized and documented costs will be reimbursed including lodging, meals and incidental expenses.

Exempt employees who are required by the Presbytery, either by virtue of new employment or by transfer, to move into a new area may be given assistance in the purchase of a home through the loan of second mortgage money. Such a loan shall be given to the employee upon approval of the Operations Unit or the Speer Commission.

Second mortgage loans are not transferable by the employees who have received such loans. Loans will be payable in full if an employee sells her/his home prior to the scheduled repayment of the second mortgage loan or when the person holding the second mortgage leaves the employ of the Presbytery.

Before they go on vacation employees may request an advance payment of any salary which will become payable during their absence on vacation.

Study leave for exempt staff is not automatic but is directly related to career goals and objectives as well as the development of skills that are useful to the Presbytery.

Up to two weeks annual study leave with pay may be granted to each Presbytery exempt staff person within the following guidelines:

(1) Study leave is not additional vacation (but may be taken in conjunction with vacation)

(2) Annual study leave time may be accrued at the rate of two weeks per year up to the total of six weeks

(3) Unused allocated study leave funds in the amount of $200 per year may be accrued and held in escrow from year to year

Presbytery's Council, upon the recommendation of the Operations Unit or the Speer Commission, may grant an extended study leave within the following guidelines:
(1) The staff person must have completed four years continuous service with the Presbytery.
(2) A detailed written plan of study (with clearly identified goals and end products set forth) must be submitted to the Operations Unit long enough in advance so that plans for staff coverage can be made.
(3) The maximum length of extended study leave shall be four months. This may be taken in conjunction with earned vacation within a particular year, but may not be combined with a two week study leave.
(4) Funds for extended leave may be accrued from unused study allocations of previous years.

Personnel Policies --- New Castle Presbytery