ADMINISTRATIVE GUIDE

Jim Hickey, Director

Human Resources Services/Labor Relations

2016-2017

SCHOOL BOARD OF BREVARDCOUNTY

Educational Services Facility

2700 Judge Fran Jamieson Way

Viera, Florida 32940-6601

School Board Members

Andy Ziegler, Chairman

Misty Belford, Vice Chairman

John Craig

Karen Henderson

Amy Kneessy

Superintendent

Desmond Blackburn. Ph.D.

DeputySuperintendent

Human Resources Services

Dr. Carol Kindt

Director

Human Resources Services/Labor Relations

Jim Hickey

April 2016

INSTRUCTIONAL

STAFF

ISSUES

INSTRUCTIONAL STAFF ISSUES:

1.If the union calls for an appointment to "discuss some issues", make sure you always ask whether it is a Step I, informal grievance meeting. Then, ask for the specific language being potentially grieved. See Article IV – Grievance Procedure, under D below. CALL MY OFFICE at extension 265.

2.Whenever the union is involved, reduce to writing the meeting notes after the meeting has been completed. It is expedient to have another person present, preferably an administrator.

3.Our office must be notified if the union has requested a meeting.

4. Instructional employees have a one (1) year probationary period per state statute. Prior to making a decision to terminate an instructional employee within their probationary period, please call my office at 321.633.1000, extension 265.

TEACHER AUTHORITY ACT

Language regarding the Removal of Disobedient, Violent, Abusive, Uncontrollable or Disruptive students from the classroom (Teacher Authority Act F.S. 1003.32):

Each district school board, each school superintendent, and each school principal shall support the authority of teachers to remove disobedient, violent, abusive, uncontrollable or disruptive students from the classroom.

A teacher may send a student to the principal’s office to maintain effective discipline in the classroom (new language) and may recommend an appropriate consequence consistent with the Student Code of Conduct under F.S. 1006.07. The principal shall respond by employing the teacher’s recommended consequence or a more serious disciplinary action if the student’s history of disruptive behavior warrants it. If the principal determines that a lesser disciplinary action is appropriate, the principal should consult with the teacher prior to taking disciplinary action.

Each school shall establish a Placement Review Committee to determine placement of a student when a teacher withholds consent to the return of a student to the teacher’s class. A school principal shall notify each teacher in that school about the availability, the procedures, and the criteria for the Placement Review Committee as outlined in this section:

The Placement Review Committee membership must include at least the following:

1.Two (2) teachers, one selected by the school’s faculty and one selected by the teacher who has removed the student;

2.One member from the school’s staff who is selected by the principal.

3.The teacher who withheld consent to readmitting the student may not serve on the committee.

4.The teacher and the Placement Review Committee must render decisions within five (5) days after the student’s removal from the classroom.

5.If the Placement Review Committee’s decision is contrary to the decision of the teacher to withhold consent to the return of the removed student to the teacher’s class, the teacher may appeal the committee’s decision to the district school superintendent.

6.The principal must report on a quarterly basis to the district school superintendent and the district school board each incidence of a teacher’s withholding consent for a removed student to return to the teacher’s class and the disposition of the incident, and the superintendent must annually report these data to the department.

JOB SHARING

JOB-SHARING

Only teachers currently employed by the school district may initiate Job Sharing. Job Sharing is not an advertised vacancy and principals cannot assign job sharing. The teachers participating in a job share will equally divide the one salary for the position including the sick/personal leave and retirement credit. The teachers will decide how they want to split the one benefit package for the position.

HR/Labor Relations shall receive:

  1. An original job-sharing proposal signed and dated by the teachers.
  2. A cover memorandum from the Principal approving the job sharing arrangements.
  3. A completed benefits enrollment form from each teacher before approval.
  4. A memorandum from each teacher accepting a .5 job share.

Upon review and approval HR/Labor Relations will notify the Principal of approval or deficiencies and forward the approved documents to Instructional Support, Finance and Benefits/Risk Management.

Attached is the signed agreement between the Brevard Federation of Teacher and the School Board that will provide guidelines for job-sharing.

STIPULATED AGREEMENT

JOB SHARING

SCHOOL YEAR 1996-97

  1. Each request for job sharing will be considered on its individual merits.
  1. Both applicants must request a part-time assignment.
  1. A detailed job sharing proposal/application developed by the parties must be submitted by the job sharing team and resubmitted annually by the job sharing team for approval.
  1. The Principal and Director of Human Resources will approve all applications for job sharing.
  1. The length of the job sharing assignment shall encompass the duration of one school year and any adjustment/revision of the job sharing schedule during the school year shall be by mutual agreement of the parties (Union-Board). Any disputes that could have an effect on the instruction of students shall be resolved by the principal.
  1. The job sharing agreement shall be annually renewed on terms mutually acceptable to both parties provided the District has the right of termination of the program at the end of any school year. Written notification of such termination with stated reasons for termination shall be made within the time frame for the reappointments of certified/instructional personnel.
  1. Both teachers will be responsible for all issues, deadlines, etc. discussed at staff/faculty meetings.
  1. Both teachers will be responsible for attending all parent-teacher conferences and grading of students.
  1. Both teachers will be responsible for attending Open House and any other special events on the school calendar.
  1. Both teachers will be responsible for attending District and/or school-level inservice meetings appropriated to their subject/grade level.
  2. Both teachers will be responsible for knowledge of the instructional program. The management of that program will be established at the school site.
  1. Teachers participating in job sharing shall substitute for one another whenever possible.
  1. The number of job sharers at a site shall be at the discretion of the principal.
  1. The job sharing position shall receive one benefit package per team. Participants shall be allowed full participation in the program with the Board paying one-half of the Board’s contribution toward the premium cost of the plan selected by each job share participant. The job share participant shall be responsible for the balance of the premium due. Life insurance and retirement benefits shall be paid in accordance with each participant’s salary. Vision and dental coverage is available if the participants in the job share split the medical insurance 50/50. If one job share employee takes 100% of the medical coverage, then the vision and dental will not be available to the other job share participant. Under no circumstances will a job sharing team member be denied benefits upon return to a regular teaching assignment.
  1. Accrual and use of sick leave for the job sharing position shall be pursuant to Chapter 231.381, Sick Leave, Florida Statutes.
  1. Each member of the job sharing position is guaranteed planning time, to be mutually agreed by the principal and teacher.
  1. No provision of this stipulated agreement shall be subject to the provisions of the Grievance Procedure of Article IV.

SUPPORT STAFF ISSUES

SUPPORT STAFF ISSUES

1.Bumping: When an employee is being bumped into your work site, please take care to make that person feel welcome even though you've just lost the world's “wonder employee” by bumping to another school site. Whatever happens, don't ever promise anyone a job! This is all governed by contract language.

2.Compensatory Time for hourly (non-exempt employees): There is NO COMPENSATORY TIME for hourly (non-exempt) employees such as secretaries, school office clerks, clerk typists, cafeteria managers, teacher assistants, cooks, bakers, cafeteria workers, hourly maintenance employees, bus drivers and so forth. If they work the hours, they get paid for the hours. Otherwise do not allow them to work more than their position allows. It is the responsibility of the Principal to grant permission, in advance, for any overtime worked.

There are hundreds of cites where the Federal Labor Standards Act (FSLA) ruled that the employee was non-exempt and entitled to overtime pay. Please be mindful of your use of the term “compensatory time”.

3.Reprimands: As with all employees (cafeteria managers, cafeteria workers, teacher assistants, custodians, office staff), only the Principal or Department Head writes discipline to the personnel file.

  • The process starts with the Summary of Conference which is not disciplinary and is considered “counseling”. The subject line will state – “Summary of Conference – Not a disciplinary letter”.
  • The first step is the Oral Warning Reduced to Writing;
  • The second step is the Letter of Reprimand;
  • The third step is the suspension without pay – up to three days. The suspension letter is requested from Labor Relations. It will be prepared and receive the Superintendent or his designee’s signature. Only the Superintendent can recommend suspension.

We have attached a format for your use in preparing the disciplinary memorandum (see the Letters of Reprimand tab). Please remember to contact our office, extension 265, before you discipline an employee. We will discuss the infraction and help you determine the article violated and assist you with developing the summary of conference or reprimand.

4.Termination of Employees: Please review the memorandum. We have attached “pre-termination” and “termination” samples.

  1. Job Titles: You shall not give any employee or use in any official document (correspondence, telephone directories, handbooks, letterhead, business cards, etc.) a job title that is not a board approved/adopted job title for a board approved/adopted job description. In other words, don’t make up a title and use it. It creates difficulty with job codes, salary schedules and provides confusion to the employee.

6.Probation: All support staff employees are subject to a ninety (90)-calendar day probationary period upon their initial employment. The 90-day probationary period are calendar days not work days. Employees only serve one probationary period. They do not serve additional probationary days upon a change in their position (demotion or promotion). A probation may be extended to a maximum of sixty (60) days upon agreement with the employee. You must contact Labor Relations for the appropriate document for the extension of the probationary period.

7.At no time shall any Principal or Department Head quote either an hourly or salaried dollar value to a prospective employee or a promotional employee. Only Human Resources Services provides salary calculations that are based upon directly related verified experience for the position. There shall be no implied verbal contracts for employment with the district.

8. All start dates for employment shall be provided by Human Resources Services only. Only HR can confirm if the prospective employee has completed their employment package in its entirety, is qualified for the position, has completed their fingerprinting and received a clearance on their drug test. Do not give an employee a start date without first receiving it from Human Resources Services.

SUMMARY OF CONFERENCE

AND

DISCIPLINARY LETTERS

GENERAL INFORMATION ON SUMMARY OF CONFERENCE AND DISCIPLINARY LETTERS

1.Principals/Department Heads write the Summary of Conference or Reprimands that go into an employee’s file. Any employee who works at the school or department site is subject to the principal’s or department head’s authority.

2.Original summary of conference or reprimand (plus the copy) must be sent to Labor Relations. We'll forward the reprimand to the personnel file.

3.Summary of Conference or reprimand and supporting documentation going into a personnel file must have a “live” signature of the principal or department head in blue ink.

4.There is a way to warn an employee of performance problems rather than making threats in letters of reprimand. A good tool to use is a “Summary of Conference – This is not a disciplinary letter” memo. It documents that you have informed the employee of a problem, discussed how to resolve the problem, offered assistance for improvement, and defined the consequences if the problem is not corrected. It shall be clearly stated in the heading of a Summary of Conference letter that the letter is not a disciplinary action; e.g. “Summary of Conference – This is not a disciplinary letter”. All original Summary of Conference letters, along with one copy, must be sent to Labor Relations. We will forward the Summary of Conference to the Personnel file. We no longer retain the Summary of Conference memos at the school or department site. This is a required document for all employees in the support bargaining unit.

5.Do indicate whether this infraction will be reflected (or may be reflected if not corrected) on the employee’s annual evaluation. All written documentation of this type can be used to support the initiation of a PDAP (for a teacher) and the potential for less than satisfactory ratings on the annual performance appraisal.

6.DO NOT give any employee a job title that is not a board approved/ adopted job title for a board approved/adopted job description. (Examples: ETP Coordinator, SFA Coordinator). Use “Contact Person” rather than Coordinator.

7.Only the IUPAT, Local 1010 has a four (4) step disciplinary process. This process starts with a counseling (not disciplinary) memorandum which is reduced to writing in the form of a Summary of Conference, then:

  1. Oral Warning Reduced to Writing
  2. Letter of Reprimand
  3. Suspension without pay (up to three days) initiated by the principal or department head and approved by the Superintendent. Call Labor Relations and they will prepare the letter and have it signed by the Superintendent or his designee.
  4. Termination (includes the mandatory pre-termination conference)

8.Teachers receive Letters of Reprimand. Do not use the approach and vernacular listed in item number 7, call our office at extension 265

FOR: SUPPORT AND INSTRUCTIONAL

Date

M E M O R A N D U M

TO:Name and Title

FROM:Name and Title

RE:Summary of Conference – This is not a disciplinary letter

This is a summary of conference for the discussion we had on Tuesday, February 2, 2016. We discussed the allegations of sexual harassment brought by an employee at the Transportation Compound.

During the investigations of the allegations it was brought to my attention that conversations of a sexual nature were being heard by employees, inappropriate gestures were witnessed and sexually explicit pictures were shared among employees.

This is unacceptable behavior and will not be tolerated in the work place.

In the future, you will refrain from inappropriate discussions, unacceptable gestures and sharing of any pictures that are in questionable taste. It is expected that you will report to me immediately any incidents reported to you by employees of these unacceptable practices.

O:Human Resources Services – Personnel File

C:Assistant Superintendent – Elementary or Secondary Office

C:Jim Hickey, Director, Human Resources Services/Labor Relations

This is to confirm that a copy of this document was provided to me on ______(date) by ______(Name and Title).

My signature merely confirms receipt of this document and does not necessarily indicate agreement with its contents.

______

Employee SignatureDate

FOR: SUPPORT STAFF ONLY

Date

M E M O R A N D U M

TO:Name and Title

FROM:Name and Title

RE:Oral Warning Reduced to Writing

This is an official oral warning reduced to writing for not returning calls and emails.

A parent called your office and left a message, in her message she told you that a substitute teacher had inappropriate contact with a student and that DCF had been notified. She did not hear from you so she emailed you and three weeks later she still had not received a call or any other communication from you.

Yesterday, the Superintendent stopped me and shared an email he received from this parent and her concerns of your unprofessional behavior. When I asked you about these communications from the parent you looked confused and said you did not recall receiving any messages and that you were caught up with your voice mail and emails, I asked you to check your emails and you sent me a copy of the email from the parent that you had not responded to at all. We have spoken on numerous occasions about this problem, including the meeting with Deputy Superintendent. You have even been given the extra support of two other employees to help you answer your emails and phone. I expect you to use the support provided.

In the future, it is expected that you will respond to all correspondence within forty-eight (48) hours of receiving the email and voice mail. Failure to correct this behavior shall result in further disciplinary action and will be reflected on your annual evaluation.

O:Human Resources Services – Personnel File

C:Assistant Superintendent – Elementary or Secondary Office

C:Jim Hickey, Director – Human Resources Services/Labor Relations

This is to confirm that a copy of the original of this document was provided to me on ______(date) by (name and title)

My signature merely signifies receipt of this document and does not necessarily indicate agreement with its contents.

______

Employee SignatureDate

FOR: SUPPORT AND INSTRUCTIONAL STAFF

Date

M E M O R A N D U M

TO:Name and Title

FROM:Name and Title

RE:Letter of Reprimand

This is an official letter of reprimand for not protecting the welfare and privacy of students. You asked a student to put a band-aid on your finger when you were bleeding, you did not supply any protection such as gloves for this activity. You had a private discussion about personal hygiene with a female student. You had a discussion concerning the individual grades of several students while other students were present.