supervision, evaluation, & termination/discharge of school employees
DESCRIPTION
SUPERVISION, EVALUATION, & TERMINATION/DISCHARGE OF SCHOOL EMPLOYEES. ByRamon Vigil, Esq. Cuddy & McCarthy, LLP NMASBO 2012. PERSONNEL ACTION MUST BE • Lawful • Ethical • Practical. Lawful. Practical. Ethical. Hiring Process. Application - PowerPoint PPT PresentationTRANSCRIPT
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SUPERVISION, EVALUATION, SUPERVISION, EVALUATION, & TERMINATION/DISCHARGE& TERMINATION/DISCHARGEOF SCHOOL EMPLOYEESOF SCHOOL EMPLOYEES
By Ramon Vigil, Esq.Cuddy & McCarthy, LLP
NMASBO 2012
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PERSONNEL ACTION MUST BE• Lawful • Ethical • Practical
Ethical Practical
Lawful
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Hiring Process
Application Interview (What can you ask?) References / Background Checks Vacancy Notice & Local Hiring Procedures Use of Committees Notification to Applicants
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Supervision/Evaluations
Purpose: Improvement Support Personnel Decisions
Procedures governed by Statutes, PED Regulations, Local Board Policy, Union Contract
Know Job Descriptions of Employees
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Cycle of Supervision
Specify Purpose & Criteria Train Supervisors/Evaluators Pre-Conference Conduct Multiple Observations
Formal & Informal Job Observations Conduct Conferences Identify Areas for Development &
Improvement
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Cycle of Supervision (Cont.)
Design a Growth Plan or Improvement Plan
Provide Assistance, Guidance & Support Determine if performance has improved
(Sufficient Growth? Development?) Make employment decision
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Employee Evaluation Minimums
Multiple Observations – formal & informal at the job site
Confer Before/After Each Observation Identify Strengths & Areas for Growth Collaboratively Develop Plan for
Improvement Provide Assistance (individual guidance,
workshops, classes, etc.)
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Cycle of Supervision
IF THE SUPERVISOR CONSIDERS WORK PERFORMANCE UNSATISFACTORY, NOTICE SHOULD BE GIVEN TO THE EMPLOYEE OF THE POSSIBILITY FOR TERMINATION!!!!!!!!!!!!!!!!!!!!!!!!!
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Unsatisfactory Work Performance v. Misconduct
Use Cycle of Supervision to identify and address unsatisfactory work performance Document with employee evaluations
and employee growth plans Use Investigation Procedures / Interviews
w/ employees for Misconduct Document with memo/letter of
reprimand
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Know the Difference
Tenured v. Non-tenured employees Myth #1: Tenured employee can never
be terminated. Myth #2: Non-tenured employee can
be terminated for no reason. Term Contract v. At-Will Contract
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Termination / Definitions
Termination – In the case of a non-certified employee, the act of severing the employment relationship with the employee. In case of certified = non-renewal of contract.
Just Cause – reason that is rationally related to an employee’s competence or turpitude or the proper performance of his duties and that is not a violation of the employee’s civil or constitutional rights
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Discharge / Definition
Discharge – severing the employment relationship with a certified/licensed employee prior to the expiration of the current employment contract.
Licensed School Employees – teachers, school administrators and instructional support providers.
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Instructional Support Providers
Person employed to support the instructional program, including educational assistant, librarian, school counselor, social worker, school nurse, speech-language pathologist, physical therapist, occupational therapist, recreational therapist, interpreter for the deaf and diagnostician.
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NM Statutes
Termination; Sections 22-10A-24 and 25 Termination Hearing before the
Board of Education Termination Appeal Hearing before
an Independent Arbitrator Notice of Reemployment; Termination
Section 22-10A-22 – Certified Instructors only
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NM Statutes
Section 22-10A-26 Excepted from Termination
Provisions Certified School Administrators Non-Certified employee hired to
perform primarily district wide management function
Teacher hired to fill position of teacher entering military service
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NM Statutes
Discharge – sections 22-10A-27 and 22-10A-28 Discharge Hearing before the Board of
Education Hearing is recorded Appeal to an Independent Arbitrator Decision of Arbitrator may be appealed
through the judicial process
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Protected Activities / Statutory Defenses to Termination
First Amendment – Freedom of Speech, Association
Union Activity Religious Activity Political Activity Retaliation for EEOC claim, Workers’
Comp., Whistle Blower Title VII – Race, Color, National Origin,
Gender, & Religion
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Protected Activities / Statutory Defenses to Dismissal (cont.)
Americans w/ Disabilities Act (ADA) Age Discrimination in Employment Act
(ADEA) NM Human Rights Act, NMSA Section 28-
1-7A: All of Title VII plus Ancestry, Sexual Orientation, Gender Identity, Spousal Affiliation, Mental Handicap & Serious Medical Condition
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