PERSONNEL PUZZLE Pulling all the Pieces Together
Dec 17, 2015
PERSONNEL PUZZLE
Pulling all the Pieces Together
MANEUVERING THE LANDMINDS
Non-Renewals / Reduction
DocumentationAndDiscipline
Contracts
Obligation to Report
Classified Tenure
CONFIDENTALITY
A – B – C ‘s of STAYING OUT OF COURT
• Always
• Be
• Consistent
• Inconsistency is a lawyers dream come true!!
HIRING 1 – 2 – 3’s
• 1) Begin with the end in mind• Design interview questions based on skills
needed
• 2) Ask BFOQ’s
• 3) Offers are contingent upon the background check and Superintendent’s approval• Minimum of a state criminal history background check by
State Police• Only the Superintendent can appoint, promote or transfer• KRS 160.380
STRONG EMPLOYMENT RELATIONSHIPS
• Assign a strong mentor
• Share expectations of the job – day one
• Provide the resources for success• Share the organization’s and department’s mission
and values• Assure that policy manuals are available and the
door is open for questions of those they do not understand
• Provide honest performance evaluations and recommend methods of improvement if applicable
DR. JEKYLL / MR. HYDE
• Document – Document – Document
• Document all counseling / disciplinary discussions
• Have a witness to the discussions
• Summarize the discussion and have the employee sign that they understand and provide them a copy
BEFORE SEVERING TIES . . .
• Make sure the employee knew what was expected (ie: job description, policy manual)
• Assure honest performance evaluations were given
• Expected improvement is specific and realistic
• Ample opportunity for improvement provided
• Resources / tools for success available
• Adequate follow-up during the period of review
CLASSIFIED TENURE MYTH
• NO SUCH THING AS CLASSIFIED “TENURE”
• Less than four (4) years of service• No protection from termination • Other than reasons protected by law (ie:
discrimination, retaliation, etc)
• Four (4) or more years of service• Provided greater protection from termination• Not a guarantee of continued employment
FOUR (4) OR LESS YEARS
• Can be terminated / non-renewed upon written notice
• Notice must be provided no later than May 15• KRS 161.011• The employee can request written explanation
within 10 days of the non-renewal notice
• Employees being rehired for the coming school year, should be given a letter of reasonable assurance prior to the end of the school year• Reduces unemployment claims costs
FOUR (4) + YEARS
• Can be non-renewed / terminated for the following reasons:• Incompetency• Neglect of duty• Insubordination• Inefficiency• Misconduct• Immorality• Other reasonable grounds specifically
contained in board policy
REDUCTION IN FORCE (RIF)
• Review each job classification affected and reduce classified employees on the basis of :
• Seniority and qualifications• Less than four (4) years of continuous active
service reduced first; then, • Greater than four (4) years of service will be
reduced based on seniority and qualifications within the job classification
• Shall have a right of recall • KRS 161.011
REDUCTION IN PAY
• Employees should be notified of reduction in pay and responsibilities 90 days before the first day of students, or by May 15, whichever occurs first
• Follows KRS guidelines for certified staff
CLASSIFIED CONTRACTS
• Written contracts shall be issued to classified employees each year
• Exception:• Non-renewed; or,• Reduction in force
• KRS 161.011
CONFIDENTIALITY
• FERPA • Family Educational Rights & Privacy Act (FERPA)• Protects student educational records• Only Superintendent/Principal can release authorized
information (ie: name, address, school of attendance)
• HIPAA• Health Insurance Portability and Accountability Act• Protects individual’s health information• Illegal to share protected health information• Only share minimum information required to conduct
business
OBLIGATION TO REPORT
• All District employees are obligated to report any reasonable belief that a child is dependent, neglected or abused to:
• Local law enforcement• Cabinet for Families & Children• Commonwealth’s Attorney or County Attorney• Supervisor
• A written report must be submitted along with the verbal report• Check with your Central Office for specific district
guidelines
PULLING IT ALL TOGETHER
• Hire smart
• Provide tools for success
• Honest evaluations & Quick intervention
• Know the Policies and Statutes
• Document … Document … Document