The Law of Personnel Policies Committees

Report
The Law of Personnel Policy
Committees
Scott Smith and Tripp Walter
Arkansas Public School Resource
Center
Personnel Policy Committees
• There are 2 sets of statutes which contain the
personnel policies and personnel policy
committees (PPC) laws.
• Ark. Code Ann. § 6-17-201 et seq. contain the
laws concerning certified personnel policies
and the certified PPCs.
• Ark. Code Ann. § 6-17-2301 et seq. contain
the laws pertaining to the classified personnel
policies and classified PPCs.
2
What is a “Personnel Policy”?
• Ark. Code Ann. § 6-17-201(b) states:
“Personnel policies” means all school district policies,
guidelines, regulations, and procedures that pertain
to the terms and conditions of a teacher’s
employment.
• There is no corresponding definition of
“personnel policies” in the classified personnel
policies statutes.
3
CERTIFIED PERSONNEL POLICIES
4
Personnel Policies
Ark. Code Ann. §6-17-201(c) provides that the
personnel policies shall include, but are not limited to,
the following terms and conditions of employment:
•
•
•
•
Benefits
Compensation
Designation of workdays
Holidays &
noninstructional days
• Annual calendar
• Methods of evaluations
•
•
•
•
•
•
Extra duties
Leave
Grievances
Dismissal or nonrenewal
Reduction in force
Assignment of teacher
aides
5
Practice Tip
• Per Attorney General’s Opinion No. 91-369
(issued January 2, 1992), as teacher salary
schedules are considered part of a school
district’s written personnel policies, the
presentation of a salary schedule proposal or
proposed amendment to an existing schedule
should be treated by a board of directors and
the PPC in the same manner that other
personnel policy proposals are treated.
6
Posting & Filing of Certified Personnel
Policies
• A school district shall not receive in any year any additional funding
from the Public School Fund unless the school district posts by
September 15 its current personnel policies on the school district’s
website, including the salary schedule as required by this
subchapter.
• A written copy of the policies signed by the president of the local
school board of directors shall be retained by the school district in
a central records location.
• By September 15 of each year, a school district shall provide the
ADE with the website address at which its current personnel
policies, including the salary schedule, may be found.
• Ark. Code Ann. § 6-17-201(d).
7
Posting & Filing of Certified Personnel
Policies
• The provisions of Ark. Code Ann. § 6-17-201 et
seq. (concerning certified personnel policies)
shall not apply in any school district which
chooses to officially recognize in its policy an
organization which represents a majority of
the teachers by way of collective bargaining.
• Ark. Code Ann. § 6-17-202.
8
Composition of the Committee
• Ark. Code Ann. § 6-17-203 provides that each
school district shall have a committee on
personnel policies which shall consist of no
fewer than 5 classroom teachers, and no more
than 3 administrators, 1 of which may be the
superintendent.
9
Composition of Committee
• Question: Can you have more than 5
classroom teachers? How many can you
have? In Attorney General’s Opinion No. 2003017 (issued on March 14, 2003), the Attorney
General opined that a district policy providing
that the teachers in each of the 13 buildings
on campus must select a classroom teacher
representative from their respective buildings
complied with § 6-17-203.
10
Composition of Committee
• The classroom teacher members of each
school district’s committee on personnel
policies shall be elected by a majority of the
classroom teachers voting by secret ballot.
The election shall be solely and exclusively
conducted by the classroom teachers,
including the distribution of ballots to all
classroom teachers.
11
Composition of Committee
• Practice Tip: Arkansas case law has been clear that the
procedure for selecting the classroom teachers of the
committee has been left with the teachers as part of
the election process to be conducted by the teachers.
• Nathaniel v. Forest City School Dist. No 7, 515 300 Ark.
513 780 S.W.2d 539 (1989) provides that the
committee formulation, the manner of nominations,
and the date of elections are all matters to be decided
by the teachers (without superintendent and/or board
of directors in interference or direction).
12
Incorporation of Personnel Policies Into
Teachers’ Contracts
• Ark. Code Ann. § 6-17-204 states that:
• The personnel policies of all school districts shall
be considered to be incorporated as terms of the
licensed personnel contracts and shall be binding
on the licensed personnel and the school district.
• Any changes or additions to the personnel
policies shall not be considered a part of licensed
personnel contracts until the next fiscal year.
13
Incorporation of Personnel Policies
Into Teachers’ Contracts
• Any changes or additions to the personnel
policies may take effect before the next fiscal year
only if the changes or additions are approved by a
majority of the licensed personnel employed by
the school district voting by secret ballot.
• The voting and counting shall be conducted by
the personnel policy committee.
• All changes or additions to the personnel policies
or new personnel policies shall be made in
accordance with this subchapter.
14
Incorporation of Personnel Policies
Into Teachers’ Contracts
• Notwithstanding the provisions listed in the
previous slide, any change or addition to the
personnel policies adopted by the school
board of directors on or before June 30 each
year to ensure compliance with state or
federal law or regulation shall be considered a
part of licensed personnel contracts on July 1
of the same calendar year.
15
Incorporation of Personnel Policies
Into Teachers’ Contracts
• Any changes or additions to the personnel policies adopted by
the school board of directors between May 1 and June 30
each year that are not required to ensure compliance with
state or federal law or regulation shall be considered a part of
licensed personnel contracts on July 1 of the same calendar
year if:
– A notice of the change is sent no later than 5 working days after final
board action by first class letter to the address on record in the
personnel file of each affected employee; and
– The notice of change includes:
– The new or modified policy.
16
Incorporation of Personnel Policies
Into Teachers’ Contracts
• A modified policy shall be provided in a form that clearly
shows additions underlined and deletions stricken; and
• A provision that states that due to the policy change, each
continuing employee under contract shall have the power to
unilaterally exercise the power of rescission within a period of
30 days after the school board of directors takes final action
by providing to the school board of directors a notice of
rescission in the form of a letter of resignation during the
period of 30 days.
• Practice Tip: Note the importance of this language!
17
Incorporation of Personnel Policies
Into Teachers’ Contracts
• For continuing contract employees covered under the
Teacher Fair Dismissal Act of 1983, the power of
rescission in this section shall be in addition to the
power of rescission provided under § 6-17-1506.
• A school district shall adopt, in accordance with this
subchapter, a supplement to the salary schedule for
those licensed staff employed longer than the period
covered by the salary schedule and for duties in
addition to licensed employees’ regular teaching
assignments. (i.e., for additional days and additional
duties (stipends)).
18
Incorporation of Personnel Policies
Into Teachers’ Contracts
• Compensation policies approved by the personnel
policy committee shall not apply to the chief
administrator who is charged with administration of
salary policy for all employees. (i.e., the
superintendent)
• A licensed employee may not waive payment
according to the salary schedule.
• Practice Tip: Have you ever had one of your teachers
who did not want to get paid for his/her services
(yes, it sometimes happens!)? Here is the provision
in law that addresses the situation.
19
Incorporation of Personnel Policies
Into Teachers’ Contracts
• Under § 6-5-307(a) (Educational Excellence Trust
Funds) and § 6-20-412 (Nonrecurring Salary
Payments statutes) a school district is not prohibited
from paying a licensed employee additional salary
increases as a supplement to the contracted salary
even though the licensed employee is not employed
an additional time period longer than the period
covered by the salary schedule or required to
perform duties in addition to the licensed
employee’s regular teaching assignments.
20
Incorporation of Personnel Policies
Into Teachers’ Contracts
• Practice Tip: According to Attorney General’s
Opinion No. 2002-138 (issued May 23, 2002),
the power to add a duty (with corresponding
additional pay) to the supplemental salary
schedule does not reside in the
superintendent, but resides exclusively in the
school board in consultation with the PPC
pursuant to Ark. Code Ann. § 6-17-201 et seq.
21
ORGANIZATION & DUTIES OF THE
CERTIFIED PPC
22
Organization & Duties
• According to Ark. Code Ann. § 6-17-205:
• Each school district’s committee on personnel
policies shall organize itself in the first quarter
of each school year and elect a chair and a
secretary.
23
Organization & Duties
• The committee shall develop a calendar of
meetings throughout the year to review the
school district’s personnel policies in order to:
– Determine whether additional policies or
amendments to existing policies are needed;
– Review any policies or changes to policies proposed by
the board of directors;
– Propose additional policies or amendments to the
board of directors; and
– Review any proposed distribution of a salary
underpayment from previous years.
24
Organization & Duties
• Minutes of the committee meetings shall be
promptly reported and distributed to members of
the board of directors and posted in the buildings of
the school district, including the administrative
offices.
• Either the committee or the board of directors may
propose new personnel policies or amendments to
existing policies.
25
Organization & Duties
• New personnel policies or amendments to existing
personnel policies proposed by the board of
directors may not be voted on by the board of
directors as a school district policy unless the final
form of the policy to be voted on has been submitted
as a proposed policy to the committee for
consideration at least 10 working days before the
vote of the board of directors.
26
Organization & Duties
• The superintendent may recommend any changes in
personnel policies to the board of directors or to the
personnel policies committee.
• The recommendations may then become proposals
at the discretion of either the board of directors or
the committee.
27
Organization & Duties
• The chair of the committee or a committee
member designated by the chair shall be placed
on the board of directors’ agenda and shall have
the opportunity to orally present to the board of
directors the committee’s comments, positions,
or proposals on the final form of any proposed
policies or amendments to existing policies,
whether proposed by the committee or the
board of directors, before they are voted on by
the board of directors as school district policies.
• Ark. Code Ann. 6-17-205(c).
28
Organization & Duties
• After the oral presentation to the board of
directors, the board of directors may take final
action immediately, but final action shall be taken
no later than its next regular board of directors
meeting.
• The board of directors may adopt, reject, or refer
back to the committee on personnel policies for
further study and revision any proposed policies
or amendments to existing policies that are
submitted to the board of directors for
consideration by the committee.
29
Summary of How the Policy Adoption
Process Works
• The procedures for adding new personnel policies or
amending existing policies works like this:
• New policies and amendments to existing policies
can be proposed either by the personnel policies
committee or by the school board itself. New
policies and amendments to existing policies can also
be suggested to the school board by the school
superintendent. If adopted by the board, the
superintendent’s suggestion becomes a proposal.
Ark. Code Ann. § 6-17-205(b)(1) and (3).
30
Summary of How the Policy Adoption
Process Works
• If a new policy or amendment to existing policies is
proposed by the school board, such proposal must
be presented to the personnel policies committee at
least 10 days before the proposal is presented to the
board for final action. Ark. Code Ann. § 6-17205(b)(1). The Arkansas Supreme Court recognized
the requirement that proposals for new policies or
amendments be submitted to the personnel policies
committee in dicta contained in Hope Education
Ass’n v. Hope School Dist., 310 Ark. 768, 839 S.W.2d
526 (1992).
31
Summary of How the Policy Adoption
Process Works
• The proposal, whether formulated by the personnel
policies committee or by the school board (or the
superintendent), must be presented to the school
board for final action. Upon presentation to the
board, the board either adopts or rejects the
proposal, or refers it back to the personnel policies
committee for further study or revision. Ark. Code
Ann. § 6-17-205(d) and (e).
32
Summary of How the Policy Adoption
Process Works
• Proposals that are adopted are incorporated as a matter
of law into all certified personnel contracts. Ark. Code
Ann. § 6-17-204(a). However, such adopted proposals do
not go into effect until the following fiscal year. Ark.
Code Ann. § 6-17-204(b). Adopted proposals may go into
effect prior to the following fiscal year if they have been
adopted in accordance with the provisions of Ark. Code
Ann. § 6-17-201 et seq., and if they are approved by a
majority of the certified personnel employed by the
district, by a secret ballot vote. The vote must be
conducted and counted by the personnel policies
committee. Ark. Code Ann. § 6-17-204(b).
33
Distribution of Policies
• Each teacher or administrator being employed by a
school district for the first time shall be given a copy of
the school district’s personnel policies in effect at the
time of his/her employment.
• A digital copy provided to an employee or an online copy
that is accessible by internet or intranet will meet the
requirements.
• A hard copy of all policies shall be available to review at
each location (presumably, this means each campus or
location in which certified personnel are located, as well
as the administrative offices).
• A hard copy shall be given to the individual employee
upon request of the employee.
34
Distribution of Policies
• Each teacher or administrator shall be furnished a copy
of any amendments to the personnel policies within 30
days after approval of the amendments by the board of
directors of the school district.
• A digital copy provided to an employee or an online copy
that is accessible by Internet or intranet will meet the
requirements.
• A hard copy of all amendments shall be available for
review at each location.
• A hard copy shall be given to the individual employee
upon request of the employee.
• Ark. Code Ann. § 6-17-206.
35
Distribution of Policies
• Practice Tip: Ark. Code Ann. § 6-18502(b)(2)(A) requires that a school district’s
student discipline policies shall be reviewed
annually by the district’s PPC.
36
CLASSIFIED PERSONNEL POLICIES &
PPCS
37
Classified Personnel Policies & PPCs
• Per Ark. Code Ann. § 6-17-2301(a)-(c):
• Each school district in the State of Arkansas shall
have a set of written personnel policies, including the
salary schedule for classified employees.
• There shall be 5 classifications of classified
employees as provided in § 6-17-2303 (Maintenance,
operation & custodians; transportation; food service;
secretary & clerk; and aides & paraprofessionals).
38
Classified Personnel Policies & PPCs
• Personnel policies of concern to the classified personnel
policies committee shall include, but are not limited to,
the following terms and conditions of employment:
–
–
–
–
–
–
–
–
Salary schedule, fringe benefits, and other compensation issues;
Annual school calendar, including work days and holidays;
Evaluation procedures;
Leave;
Grievance procedures
Termination, nonrenewal or suspension;
Reduction in force; and
Assignments.
39
Posting Requirements
• A school district shall not receive in any year any
additional state funding from the Public School Fund
until the school district has posted on the school district’s
website, in accordance with § 6-11-129, its current
personnel policies for classified employees signed by the
president of the school board, including any salary
schedules as required by this subchapter.
• By September 15 of each year, a school district shall
provide the ADE with the website address at which its
current personnel policies for classified employees,
including the salary schedule, may be found.
• Ark. Code Ann. § 6-17-2301(d).
40
Composition & Election of the Classified
PPC
• Each school district shall have a committee on
personnel policies for classified employees which
consist of at least 1 non-management classified
representative from each of the following 5
classifications:
–
–
–
–
–
Maintenance, operation and custodians;
Transportation;
Food service;
Secretary and clerk; and
Aides and paraprofessionals.
41
Posting Requirements
• The provisions of Ark. Code Ann. § 6-17-2301 et seq.,
(concerning classified personnel employees) shall not
apply in any school district which choose to officially
recognize in its policy an organization which
represents a majority of the non-management
classified employees by way of collective bargaining.
• Ark. Code Ann. § 6-17-2302(a).
42
Definitions
• “Classified employee” means any person
employed by a school district under a written
annual contract who is not required to have a
teaching license issued by the ADE as a
condition of employment.
43
Definitions
• “Classified employee administrator” means
any classified or licensed employee who
evaluates non-management classified
employees and any classified employee who
supervises but does not evaluate other
classified employees if the (definition of) nonmanagement classified employees excludes
them.
44
Definitions
• “Non-management classified employee” means
any classified employee who does not evaluate
other classified employees. The nonmanagement classified employees in a school
district, at their discretion in an election
conducted in accordance with § 6-17-2303(c),
include in this definition classified employees
who supervise but do not evaluate other
classified employees.
• Ark. Code Ann. § 6-17-2302(b).
45
Composition & Election of the Classified
PPC
• Each school district shall have a committee on
personnel policies for classified employed which
consist of at least 1 non-management classified
representative from each of the following 5
classifications:
–
–
–
–
–
Maintenance, operation and custodians;
Transportation;
Food service;
Secretary and clerk; and
Aides and paraprofessionals.
46
Composition & Election of the
Classified PPC
• All other job classifications of classified employees
not identified in the 5 classifications may be grouped
together and added as an at-large classification and
shall have at least 1 non-management classified
representative on the committee on classified
personnel policies. (What other job classifications
would those be?)
47
Composition & Election of the
Classified PPC
• There shall be no more than 3 classified employee
administrators on the committee, 1 of whom may be the
superintendent of schools. The classified employee
administrators on the committee shall be appointed by the
school board of directors or its designee.
• So, what is the minimum number of members on the
classified PPC? What is the maximum number?
• The non-management classified employee member of the
committee shall be elected by a majority of all nonmanagement classified employees voting by secret ballot.
48
Composition & Election of the
Classified PPC
• The election shall be conducted solely and exclusively by the
non-management classified employees, including distribution
of ballots to all non-management classified employees.
• The election shall be conducted by mid-October.
• There shall be no additional monetary compensation for
service on the committee. (“Thanks for all of your hard work
on the PPC this year. Sorry we can’t give you any money for it,
but please take one of our “Fighting Mud Hens” coffee mugs
as a token of our appreciation.”)
• Ark. Code Ann. § 6-17-2303.
49
Incorporation of Personnel Policies into
Employee Contracts
• The personnel policies of each school district shall be
considered to be incorporated as terms of the classified
employees’ contracts and shall be binding upon the classified
employees and the school district.
• Any changes or additions to the personnel policies shall not
be considered a part of classified employee contracts until the
next fiscal year.
• Any changes or additions to the personnel policies may take
effect before the next fiscal year only if the changes or
additions are approved by a majority of the classified
employees employed by the school district voting by secret
ballot.
50
Incorporation of Personnel Policies
into Employee Contracts
• The voting and counting of ballots shall be conducted
by the classified personnel policy committee.
• All changes or additions to the classified personnel
policies or new personnel policies shall be made in
accordance with this subchapter. (Ark. Code Ann. §
6-17-2301 et seq.)
• Ark. Code Ann. § 6-17-2304.
51
OK, We’re a PPC – What Do We Do?
• The school district’s committee on personnel policies
for classified employees shall organize itself in
October, elect a chair and secretary, and develop a
calendar of meetings throughout the year to review
the school district’s personnel policies to:
– Determine whether additional policies or amendments to
existing policies are needed;
– Review any policies or changes to policies proposed by the
board of directors; and
– Propose additional policies or amendments to existing
personnel policies to the board of directors.
52
OK, We’re a PPC – What Do We Do?
• Minutes of the committee meetings shall be
promptly reported and distributed to members of
the board of directors and posted in the work sites of
the school district, including administrative offices.
• Either the committee or the board of directors may
propose new personnel policies or amendments to
existing policies.
53
OK, We’re a PPC – What Do We Do?
• New personnel policies or amendments to existing
personnel policies proposed by the board of
directors may not be voted on by the board of
directors as a school district policy unless the final
form of the policy to be voted on has been submitted
as a proposed policy to the committee for
consideration at least 10 working days before the
vote of the board of directors.
• The superintendent may recommend any changes in
personnel policies to the board of directors or the
personnel policies committee.
54
OK, We’re a PPC – What Do We Do?
• The recommendations may then become proposals at
the discretion of either the board of directors or the
committee.
• The chair of the committee or a committee member
designated by the chair shall be placed on the board of
directors’ agenda and shall have the opportunity to orally
present to the board of directors the committee’s
comments, positions, or proposals on the final form of
any proposed policies or amendments to existing policies
whether proposed by the committee or the board of
directors, before they are voted on by the board of
directors as school district policies.
55
OK, We’re a PPC – What Do We Do?
• After the oral presentation to the board of
directors, final action may be taken immediately,
but final action shall be taken no later than the
next regular board of directors meeting.
• The board of directors may adopt, reject, or refer
to the committee on personnel policies for
further study and revision any proposed policies
or amendments to existing policies that are
submitted to the board of directors for
consideration by the committee.
• Ark. Code Ann. § 6-17-2305.
56
Distribution of the Policies
• Each classified employee being employed by a school district for the
first time shall be given a copy of the school district’s personnel
policies in effect at the time of his/her employment.
• A digital copy provided to an employee or an online copy that is
accessible by internet or intranet will meet the requirements of this
section.
• A hard copy of all classified policies shall be available to review at
each work location.
• Each classified employee shall be furnished a copy of any
amendments to the personnel policies within 30 days after approval
of the amendments by the board of directors of the school district.
57
Distribution of the Policies
• A digital copy provided to an employee or an online
copy that is accessible by internet or intranet will
meet the requirements of this section.
• A hard copy of all amendments shall be available for
review at each work location.
• The individual employee shall be offered the choice
of a hard copy or a digital copy.
• Ark. Code Ann. § 6-17-2306.
58
Scott Smith, Executive Director
and
Tripp Walter, Staff Attorney
1401 West Capitol, Suite 465, Little Rock, AR 72201
Phone: 501-492-4300
[email protected] and [email protected]
59

similar documents