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PERSONNEL PUZZLE

PERSONNEL PUZZLE. Pulling all the Pieces Together. MANEUVERING THE LANDMINDS. CONFIDENTALITY. Documentation And Discipline. Non-Renewals / Reduction . Obligation to Report. Contracts. Classified Tenure. A – B – C ‘ s of STAYING OUT OF COURT. A lways B e C onsistent

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PERSONNEL PUZZLE

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  1. PERSONNEL PUZZLE Pulling all the Pieces Together

  2. MANEUVERING THE LANDMINDS CONFIDENTALITY Documentation And Discipline Non-Renewals / Reduction Obligation to Report Contracts Classified Tenure

  3. A – B – C ‘s of STAYING OUT OF COURT • Always • Be • Consistent • Inconsistency is a lawyers dream come true!!

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. CLASSIFIED CONTRACTS • Written contracts shall be issued to classified employees each year • Exception: • Non-renewed; or, • Reduction in force • KRS 161.011

  14. 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

  15. 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

  16. PULLING IT ALL TOGETHER • Hire smart • Provide tools for success • Honest evaluations & Quick intervention • Know the Policies and Statutes • Document … Document … Document

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