< -- Return to Policy Manual - Section Menu
Download and/or Print Section G
SECTION G: PERSONNEL
Printing Instructions: If you wish to print any text from this document, simply highlight the text, go to File - Print and choose Print Selection.
If you wish to print the entire section - please select the Download and/or Print Section G link located at the top of this section.
___________________________________________________________________________
GA Personnel Policies Goals
GBA Equal Opportunity Employment
GBCA Staff Conflict of Interest
GBCB Staff Conduct
GBCC Staff Use of Cellular Telephones (New 8 25 05)
GBD Board-Staff Communications (Also BG)
GBE Staff Health and Safety
GBF Staff Participation in Community Activities (Also KE)
GBG Staff Participation in Political Activities
GBH Staff-Student Relations (Also JM)
GBI Staff Gifts and Solicitations
GBK Smoking on District Property by Staff Members (Revision 6 28 07)
GBL Personnel Records
GBN Extended Group Health Coverage
GBO Verification of Employment Eligibility
GBP Drug-Free Workplace
GBQ Criminal Record Check
GBR Family and Medical Leave
GCA Certificated Staff Positions
GCB Certificated Staff Contracts and Compensation Plans
GCBA Certificated Staff Salary Schedules
GCBB Certificated Staff Supplemental Contracts
GCBD Certificated Staff Leaves and Absences
GCBE Certificated Staff Vacations and Holidays
GCC Certificated Staff Recruiting
GCD Certificated Staff Hiring
GCL Certificated Staff Development Opportunities
GCN Evaluation of Certificated Staff (Also AFC)
GCPA Reduction in Certificated Staff Work Force
GCPB Resignation of Certificated Staff Members
GCPCA Severance Pay
GDA Classified Staff Positions
GDB Classified Staff Contracts and Compensation Plans
GDBD Classified Staff Leaves and Absences
GDC Classified Staff Recruiting
GDCA Posting of Classified Staff Vacancies
GDD Classified Staff Hiring
GDL Classified Staff Development Opportunities
GDN Evaluation of Classified Staff (Also AFD)
GDPD Suspension, Demotion and Termination of Classified Staff Members
GEA Re-employment of Retirees (New 6 28 07)
File: GA (return to top menu - Section G)
PERSONNEL POLICIES GOALS
The personnel employed by the Board are a very important resource for effectively conducting a quality educational program. The District’s program functions best when it employs highly qualified personnel, conducts appropriate staff development activities and establishes policies and working conditions which are conducive to high morale and enable each staff member to make the fullest contribution to District programs and services.
The goals of the personnel program include:
1. developing and implementing those strategies and procedures for personnel recruitment, screening and selection which result in employing the best available candidates: those with the highest capabilities, strongest commitment to quality education and greatest probability of effectively implementing the educational program;
2. developing a general assignment strategy which makes the greatest contribution to the educational program, and using it as the primary basis for determining staff assignments;
3. providing positive programs of staff development designed to contribute both to improvement of the educational program and to each staff member’s career development aspirations;
4. providing for a genuine team approach to education, including staff involvement in planning, decision making and evaluation;
5. developing and using for personnel evaluation positive processes which contribute to the improvement of staff capabilities and assist in making employment decisions and
6. encouraging all employees to be cognizant of their roles in instilling ethical principles and democratic ideals in all students.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 124.11
3313.602
3319.01; 3319.02; 3319.081; 3319.11; 3319.111
Chapter 4117
File: GBA (return to top menu - Section G)
EQUAL OPPORTUNITY EMPLOYMENT
The District provides equal opportunities for employment, retention and advancement of all personnel.
This Board encourages all personnel to assist in the accomplishment of this goal through their personal commitment to the concept of equal opportunity for all personnel regardless of race, color, national origin, citizenship status, religion, gender, economic status, age or disability.
[Adoption date: April 17, 2003]
LEGAL REFS.: Civil Rights Act, Title VI; 42 USC 2000d
Executive Order 11246, as amended by Executive Order 11375
Equal Employment Opportunity Act, Title VII; 42 USC 2000e et seq.
Education Amendments of 1972, Title IX; 20 USC 1681
Rehabilitation Act; 29 USC 794
Age Discrimination in Employment Act; 29 USC 623
Immigration Reform and Control Act; 8 USC 1324a et seq.
Americans with Disabilities Act; 42 USC 12101 et seq.
ORC 4112.02
CROSS REFS.: AC, Nondiscrimination
ACA, Nondiscrimination on the Basis of Gender
ACAA, Sexual Harassment
ACB, Nondiscrimination on the Basis of Disability
File: GBCA (return to top menu - Section G)
STAFF CONFLICT OF INTEREST
Employees shall not engage in, nor have a financial interest in, any activity which conflicts with their duties and responsibilities in the District.
Employees shall not engage in work of any type in which information concerning a customer, client or employer originates from any information available to them through District sources.
Employees shall not sell textbooks, instructional supplies, equipment, reference books or any other products to the District. They shall not furnish the names of students or parents to anyone selling these materials.
In order that there is no conflict of interest in the supervision and evaluation of employees, at no time shall any administrator responsible for the supervision and/or evaluation of an employee be directly related to that employee.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 2921.42
3313.811
3319.21
3329.10
4117.20
CROSS REFS.: GBL, Personnel Records
JO, Student Records
KBA, Public’s Right to Know
File: GBCB (return to top menu - Section G)
STAFF CONDUCT
All staff members have a responsibility to make themselves familiar with, and to abide by, the laws of the state of Ohio and the negotiated agreement, the policies of the Board and the administrative regulations designed to implement them.
The Board expects staff members to conduct themselves in a manner which not only reflects credit to the District, but also presents a model worthy of emulation by students.
All staff members are expected to carry out their assigned responsibilities. Essential to the success of ongoing operations and the instructional program are the following specific responsibilities which are required of all personnel:
1. faithfulness and promptness in attendance at work;
2. support and enforcement of policies of the Board and regulations of the administration;
3. diligence in submitting required reports promptly at the times specified;
4. care and protection of District property and
5. concern and attention toward their own and the District’s legal responsibility for the safety and welfare of students, including the need to ensure that students are under supervision at all times.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 124.34
3319.081; 3319.16; 3319.31; 3319.36
File: GBCC (return to top menu - Section G)
STAFF USE OF CELLULAR TELEPHONES
Cellular telephone technology enables individuals to be reached whenever a situation arises necessitating immediate contact and communication, regardless of the person’s location at the time. Because the MCESC Governing Board employs individuals in certain key positions who need to be accessible at any given time, and who travel often on Board business, and who need to respond quickly to critical requests from school districts, the Board believes it is necessary to ensure that identified staff members have the resources needed to perform their duties efficiently and effectively.
Therefore, effective October 3, 2005, the following staff members – Assistant to the Superintendent, Directors, Supervisors, and others as designated by their supervisors and approved by the Superintendent or designee -- may be reimbursed per month, up to the amount approved annually by the Board, so that they can acquire (a) cellular telephone(s). The monthly reimbursement shall be identified at a level that permits the purchase of a cell phone plan by the employee that will cover the estimated business usage of the cellular phone.
The Board shall approve the Superintendent’s recommendation regarding the level of service appropriate for staff members who shall be given this reimbursement.
Staff members covered by this policy shall provide the Administration with their cellular telephone numbers so that they may be contacted as the need arises.
Covered staff members shall be required to submit a copy of their monthly bill to verify that a cellular phone contract remains in place.
Employee safety is a priority of the Board, and responsible use of cellular telephones includes safe use. Using a cellular telephone while operating a vehicle is discouraged. When it is necessary, staff members are encouraged to use hands free equipment.
Cellular telephone calls are not secure. Therefore, employees should use discretion in relaying confidential information, particularly as it relates to students.
The Board assumes no liability for loss or damage to employees’ personal cellular telephones carried in Board vehicles or left on Board property. Employees assume the risk of loss or damage to personal cellular telephones carried by employees during work hours. Employees assume full responsibility for their monthly bills and/or their calling plans.
If deemed necessary, the Superintendent shall prepare the administrative guidelines necessary for implementation of this policy.
[Adoption date:] August 25, 2005
File: GBD(return to top menu - Section G)
BOARD-STAFF COMMUNICATIONS
The Board wishes to maintain open channels of communication with the staff. The basic line of communication is through the Superintendent. Staff members should utilize the Superintendent to communicate to the Board or its subcommittees.
Accordingly, all official communications, policies and directives of staff interest and concern are communicated to staff members through the Superintendent. The Superintendent develops appropriate methods to keep staff members informed of the Board’s issues, concerns and actions.
Board members must recognize that their presence at work sites could be subject to a variety of interpretations by employees. If a visit to a program or classroom is being made for other than general interest, Board members shall inform the Superintendent of such visit and make arrangements for visitations through the program administrator of the various schools. General interest visits are defined as informal expressions of interest in school affairs and not as inspections or visits for supervisory or administrative purposes. Board members will indicate to the administrator the reason(s) for the visit. Official visits by Board members are carried out only under Board authorization.
[Adoption date: April 17, 2003]
LEGAL REF.: ORC 3313.20
CROSS REFS.: BDDH, Public Participation at Board Meetings (Also KD)
KK, Visitors to the Schools
File: GBE (return to top menu - Section G)
STAFF HEALTH AND SAFETY
Through its overall safety program and various policies pertaining to school personnel, the Board attempts to ensure the safety of employees during their working hours and assist them in the maintenance of good health.
All employees are expected to observe commonly recognized practices which promote the health and safety of school personnel.
Bus drivers will have an annual physical examination in compliance with State law. The results of all such examinations are filed with the Superintendent.
Employees who are required by State or Federal law to have respiratory protection are required to have two physical examinations. The first examination must take place prior to the individual’s wearing a respirator. The second examination must take place after the individual’s exposure to any hazardous material (within 30 days if it is a one-time exposure, and at least annually if it is ongoing exposure).
The Board may require an individual examination of an employee whenever, in its judgment, it is necessary to protect the health and safety of students or other employees. Whenever the Board requires an employee to submit to a physical examination other than those required by law, the Board assumes the cost of the examination. All health examinations required of employees are made by one of the physicians approved for this purpose by the Board.
Workers’ Compensation
In case of injury while pursuing duties in keeping with the employee’s contract, the employee may be eligible for payment of medical expenses under the Workers’ Compensation Act of Ohio.
Any employee who is injured while at work should immediately report such injury to the central office and request the necessary forms to make application for payment under this act. The date, time, place and nature of any injury must be reported in writing to the office of the Treasurer as soon as possible after the occurrence. Applications for compensation must be filed as soon as possible but not later than two years after the date of the injury if it is to be recognized.
A copy of the accident report shall be retained in the individual's permanent file.
The injured employee may be requested to undergo chemical testing, as established by law and administrative regulation, in order to prove that the injury was not proximately caused by the employee being intoxicated or under the influence of a controlled substance not prescribed by a physician.
[Adoption date: April 17, 2003]
1 of 2
File: GBE
LEGAL REFS.: ORC 3313.643; 3313.71; 3313.711
3327.10
4113.23
4123.01 et seq.
4123.54
Asbestos School Hazard Abatement Act; 20 USC 4011 et seq.
Asbestos Hazard Emergency Response Act; 15 USC 2641 et seq.
Comprehensive Environmental Response, Compensation and Liability Act;
42 USC 9601 et seq.
CROSS REFS.: EB, Safety Program
EBBC, Bloodborne Pathogens
GBP, Drug-Free Workplace
GBQ, Criminal Record Check
2 of 2
File: GBE-R (return to top menu - Section G)
STAFF HEALTH AND SAFETY
Workers’ Compensation Benefits Eligibility – Chemical Testing
Under Ohio’s Workers’ Compensation Law, every employee who is injured in the course of employment is entitled to benefits, if necessary, to compensate him/her for lost work time, payment for medical, nursing and hospital services, medicines and funeral expenses, unless the injury was proximately caused by the employee being intoxicated or under the influence of a controlled substance not prescribed by a physician.
Testing Procedures
An injury is deemed to have been proximately caused by the employee being intoxicated or under the influence of a controlled substance not prescribed by a physician if any of the following apply.
1. Within eight hours of the injury, the employee’s blood alcohol level tests equal to or greater than .10%*.
2. Within eight hours of the injury, the employee’s breath alcohol level tests equal to or greater than .10g/210L*.
3. Within eight hours of the injury, the employee’s urine alcohol level tests equal to or greater than .14g/100 ml*.
4. Within 32 hours of the injury, the employee tests above both the following levels established for an enzyme multiplied immunoassay technique screening test (EMIT) and above the following levels established for a gas chromatography/mass spectrometry test, or in the alternative, above the levels established for a gas chromatography/mass spectrometry test (GC/MS) alone as follows, for substances not prescribed by a physician:
A. for amphetamines, 1000ng/ml of urine for the EMIT test and 500 ng/ml of urine for the GC/MS test;
B. for cannabinoids, 50 ng/ml of urine for the EMIT test and 15 ng/ml of urine for the GC/MS test;
C. for cocaine, including crack cocaine, 300 ng/ml of urine for the EMIT test and 150 ng/ml of urine for the GC/MS test;
D. for opiates, 2000 ng/ml of urine for the EMIT test and 2000 ng/ml of urine for the GC/MS test and
E. for phencyclidine, 25 ng/ml of urine for the EMIT test and 25 ng/ml of urine for the GC/MS test.
1 of 2
File: GBE-R
5. The employee, through a chemical test administered within 32 hours of the injury, is determined to have barbiturates, benzodiazepines, methadone or propoxyphene in the employee’s system that tests above levels established by laboratories certified by the U.S. Department of Health and Human Services.
Legal Protections
All testing will be conducted by a qualified, federally certified testing laboratory selected by the Board, and any positive test result will be confirmed by a medical review officer.
Confidentiality
All test results will remain confidential as between the employee, the Board and the Bureau of Workers’ Compensation.
*This represents the minimum testing level used to establish intoxication under current State law prohibiting the operation of a motor vehicle while intoxicated, otherwise known as the State “OMVI” law.
(Approval date: April 17, 2003)
2 of 2
File: GBF (Also KE) (return to top menu - Section G)
STAFF PARTICIPATION IN COMMUNITY ACTIVITIES
The Board recognizes that members of the staff must enjoy private lives and may associate with others outside of the school for political, economic, religious, cultural or personal reasons. The Board and its administrative staff, however, have a responsibility to evaluate staff members in terms of their faithfulness to and effectiveness in discharging school duties and responsibilities. Therefore, when nonschool activities threaten a staff member's effectiveness within the school system, the Board reserves the right to evaluate the impact of such activities upon the staff member's responsibilities to the students and to the Board.
With the issuance of a full-time contract, the Board becomes the individual's primary employer. No employee shall then obligate or involve himself/herself in interest or vestments outside his/her professional position with the Board that interferes with the normal contractual commitment to the Board, except as approved by the Superintendent.
The following regulations are provided for guidance; staff members shall not:
1. Give school time to outside activities when there is no valid reason to be excused from assigned duties.
2. Use school property or school time to solicit or accept customers for private enterprises.
3. Campaign on school property in behalf of any candidate for local, state, or national office.
4. Engage in remedial tutoring for compensation by parents with students assigned to this District.
5. Duplicate materials for school use that are covered by the copyright laws.
6. Accept as clients in private practice students eligible for their service as an employee of this District.
The Board does not endorse, support nor assume liability for any staff member of this District who conducts outside activities in which students and employees of this District may participate.
[Adoption date: April 17, 2003]
File: GBG (return to top menu - Section G)
STAFF PARTICIPATION IN POLITICAL ACTIVITIES
Employees have the same fundamental civic responsibilities and privileges as other citizens. Among these are campaigning for an elective public office and holding an elective or appointive public office.
The terms and conditions under which the employee may continue employment as he/she seeks or holds such office is determined by the Board and law.
Employees are not permitted to use District time, moneys, facilities, equipment or supplies to campaign nor are the employees to actively campaign while on duty.
[Adoption date: April 17, 2003]
LEGAL REFS.: Intergovernmental Personnel Act; 42 USC 4701 et seq.
ORC 124.57
3315.07
File: GBH (Also JM) (return to top menu - Section G)
STAFF-STUDENT RELATIONS
The relationship between the District’s staff and students must be one of cooperation, understanding and mutual respect. Staff members have a responsibility to provide an atmosphere conducive to learning and to motivate each student to perform to his/her capacity.
Staff members should strive to secure individual and group discipline, and should be treated with respect by students at all times. By the same token, staff members should extend to students the same respect and courtesy that they, as staff members, have a right to demand.
Although it is desired that staff members have a sincere interest in students as individuals, partiality and the appearance of impropriety must be avoided. Excessive informal and/or social involvement with individual students is prohibited. Such conduct is not compatible with professional ethics and, as such, will not be tolerated.
Staff members are expected to use good judgment in their relationships with students both inside and outside of the school context including, but not limited to, the following guidelines.
1. Staff members shall not make derogatory comments to students regarding the school and/or its staff.
2. The exchange of purchased gifts between staff members and students is discouraged.
3. Staff-sponsored parties at which students are in attendance, unless they are a part of the school’s extracurricular program and are properly supervised, are prohibited.
4. Staff members shall not fraternize, written or verbally, with students except on matters that pertain to school-related issues.
5. Staff members shall not associate with students at any time in any situation or activity which could be considered sexually suggestive or involve the presence or use of tobacco, alcohol or drugs.
6. Dating between staff members and students is prohibited.
7. Staff members shall not use insults or sarcasm against students as a method of forcing compliance with requirements or expectations.
8. Staff members shall maintain a reasonable standard of care for the supervision, control and protection of students commensurate with their assigned duties and responsibilities.
9. Staff members shall not send students on personal errands.
10. Staff members shall, pursuant to law and Board policy, immediately report any suspected signs of child abuse or neglect.
1 of 2
File: GBH (Also JM)
11. Staff members shall not attempt to counsel, assess, diagnose or treat a student’s personal problem relating to sexual behavior, substance abuse, mental or physical health and/or family relationships but, instead, should refer the student to the appropriate individual or agency for assistance.
12. Staff members shall not disclose information concerning a student, other than directory information, to any person not authorized to receive such information. This includes, but is not limited to, information concerning assessments, ability scores, grades, behavior, mental or physical health and/or family background.
[Adoption date: April 17, 2003]
CROSS REFS.: GBCA, Staff Conflict of Interest
GBCB, Staff Conduct
GBI, Staff Gifts and Solicitations
JHG, Reporting Child Abuse
JL, Student Gifts and Solicitations
JO, Student Records
KBA, Public’s Right to Know
CONTRACT REF.: Mahoning County Educational Service Center Employees’ Association
2 of 2
File: GBI (return to top menu - Section G)
STAFF GIFTS AND SOLICITATIONS
Gifts
The Board authorizes the expenditure of public funds to purchase meals, refreshments and favors for employees and Board members in the completion of their responsibilities. The Board believes that such expenditures are necessary, on occasion, to further a public purpose in the general operation of the District. Such public purpose includes, but may not be limited to, employee development activities, employee recognition activities and certain routine meetings that may be enhanced by such amenities.
Such expenditures shall be consistent with the Board’s purchasing policy and within the appropriation limits established by the Board.
Presentation of gifts to and the arrangement of social affairs for employees leaving the system are governed by the following.
1. Employees may volunteer for a social committee to plan social affairs.
2. Any gifts to be presented to departing employees by their respective groups are at the discretion of the group involved.
Travel Vendor Compensation
Any compensation paid by a private travel vendor to a District official or employee, after the official or employee has participated in selecting the vendor to provide a field trip, is considered “public money” and must be returned to the District.
All travel arrangements must be in compliance with District field trip regulations and approved by the Superintendent or his/her designee.
Solicitations
The Superintendent or his/her designee annually approves all solicitations which are to be permitted in the Service Center programs and facilities. No organization may solicit funds of staff members, nor may anyone distribute flyers or other materials related to fund drives, without the prior approval of the Superintendent.
Employees may not engage in the sale of products to Service Center programs, even if the proceeds of such sales are intended for charitable or civic purposes. No staff member is to collect any money or distribute any fund-raising literature without the expressed approval of the Superintendent.
[Adoption date: April 17, 2003]
1 of 2
File: GBI
LEGAL REFS.: ORC 117.10
3313.81; 3313.811
3315.15
3329.10
CROSS REFS.: IGDG, Student Activities Funds Management
IICA, Field Trips
JL, Student Gifts and Solicitations
2 of 2
File: GBK (return to top menu - Section G)
SMOKING ON DISTRICT PROPERTY BY STAFF MEMBERS
The Board is dedicated to providing a healthy, comfortable and productive environment for its staff, students and citizens. Health professionals have determined that smoking poses health hazards not only for the smoker, but for the nonsmoker as well.
Recognizing these health issues, the Board prohibits smoking in all Board-owned, leased or contracted buildings and vehicles. The Board may designate legally compliant outdoor smoking areas.
The Board directs the Superintendent to educate all staff members concerning the mandate of this policy, as well as to implement, as appropriate, educational programming concerning smoking and, if needed, resources available to those who wish to discontinue their smoking habit.
A notice to this effect is posted at the entrance to all school buildings and in a visible place in all school vehicles.
Adopted 6.28.07
LEGAL REFS.: The Elementary and Secondary Education Act; 20 USC 1221 et seq.
Goals 2000: Educate America Act; 20 USC 6081 through 6084
ORC 3313.20
3794.01; 3794.02; 3794.03(F); 3794.04; 3794.06
OAC 3301-35-02; 3301-35-05
CROSS REFS.: JFCG, Tobacco Use by Students
KGC, Smoking on District Property
NOTE: THIS IS A REQUIRED POLICY
File: GBL (return to top menu - Section G)
PERSONNEL RECORDS
The Superintendent develops and implements a comprehensive and efficient system of personnel records. The Superintendent is hereby designated as the employee directly responsible for the personnel records system. The following guidelines govern such records.
1. Personnel files contain records and information relative to compensation, payroll deductions, evaluations and such information as may be required by the state or federal government or considered pertinent by the Superintendent. Anonymous material or material from an unidentified source are not placed in a staff member’s file.
2. A personnel file for each employee is accurately maintained in the Service Center offices in accordance with administrative regulations incorporating the requirements set forth under the Ohio Privacy Act for the protection of employees. Employees will be notified whenever personal information concerning them is placed in their file.
3. State law requires that all public records be promptly prepared and made available for inspection to any member of the general public at all reasonable times during regular business hours. Upon request, the person directly responsible for the personnel records is required to make copies available at cost, within a reasonable period of time.
4. The public has access to all records in the personnel file with the following exceptions:
A. medical records;
B. records pertaining to adoption, probation or parole proceedings;
C. trial preparation records;
D. confidential law enforcement investigatory records;
E. social security number and
F. records of which the release is prohibited by State or Federal law.
5. Each employee has the right, upon written request, to review the contents of his/her own personnel file. If a document is not disclosed to the employee because it is determined by a physician, psychiatrist or psychologist to be likely to have an adverse effect upon the employee, the document will be released to the designated medical authority. Requests are made to the Superintendent and scheduled for a time convenient for the parties involved.
6. Employees may make written objections to any information contained in the file. Any written objection must be signed by the staff member and becomes part of the employee’s personnel file after the appeal procedure outlined in the Ohio Revised Code. The appeal procedure permits any employee who disputes the accuracy, relevance, timeliness or completeness of information maintained in his/her file to compel the Service Center to investigate the current status of the information.
1 of 2
File: GBL
7. Personnel records should be reviewed only within the confines of the Superintendent’s office or the Board’s office.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 9.01; 9.35
149.41; 149.43
1347.01 et seq.
3317.061
4113.23
OAC 3301-35-03(A)(10)
CROSS REF.: KBA, Public’s Right to Know
CONTRACT REF.: Mahoning County Educational Service Center Employees’ Association
2 of 2
File: GBL-R (return to top menu - Section G)
PERSONNEL RECORDS
It is necessary for the orderly operation of the Service Center to prepare a personal information system for the retention of appropriate papers bearing upon an employee's duties and responsibilities to the Service Center and the Service Center's responsibilities to the employees.
The Board requires that sufficient records exist to ensure an employee's qualifications for the job held, compliance with federal, state and local benefit programs, conformance with Service Center rules and evidence of completed evaluations. Such records are kept in compliance with the Ohio Revised Code.
The Board delegates the maintenance of an employee personal information system to the Superintendent. Only that information which pertains to the role of the employee and submitted by duly authorized school administrative personnel and the Board may be entered in the official record file. The employee shall have access to his/her file upon request.
Upon initial employment the file shall contain as applicable to the employee:
1. application
2. certificate(s)
3. credentials and/or letters of recommendation
4. negative TB test results
5. official transcripts
6. experience and sick leave transfer affidavit(s), if applicable
7. group life insurance application (20 hours or more per week)
8. STRS/SERS membership form
9. PRM medical enrollment card
10. federal income tax form
11. Mahoning County Schools personnel record
12. contract
13. criminal records check
14. employee eligibility verification (Form I-9)
During the period of employment, the following data is maintained in personnel files:
The Board maintains two files pertaining to personnel information; the
Treasurer's Office File and a Central Office File.
Treasurers Office File - W-4, I-9 (if applicable), life insurance enrollment, hospitalization enrollment, applicable retirement system membership record, copy of emergency medical record card/personnel card, transfer of accumulated sick leave (if applicable), annuity deduction authorization or other miscellaneous deduction forms and other pertinent information.
Central Office File - emergency medical record card/personnel card, leave applications, certificated employees' transcripts and certificates/licensures, letters of commendation, performance evaluations, disciplinary actions, resumes, BCI reports (confidential file) and applications of various special education personnel and other pertinent information.
1 of 2
File: GBL-R
The maintenance of the files is in accordance with State law.
Employees are given a copy of letters of commendation, notice of disciplinary action and observation/evaluations prior to them being placed in his/her file. On notices of disciplinary action and observation and evaluations, the employee is required to sign an attached statement that "he/she has seen the material but does not necessarily agree or disagree with the contents." The employee shall also receive copies of all other materials that have been authorized or signed by the unit member. The employee may attach a response to any material placed in the file.
(Approval date: April 17, 2003)
2 of 2
File: GBN (return to top menu - Section G)
EXTENDED GROUP HEALTH COVERAGE
The Consolidated Omnibus Budget Reconciliation Act (COBRA) provides for certain employees of the District and their dependents to be allowed to purchase extended group health insurance coverage for a limited period of time following their cessation of employment with the District. The Board contracts with a plan administrator who coordinates the program and provides the notices which are necessary.
1. Initial Notices
A. The plan administrator must give a written notice describing the extended coverage rights to all employees and spouses covered by the group health insurance plan.
B. The plan administrator must give a written notice describing extended coverage rights to each newly covered employee and spouse at the time their group health plan coverage begins. If a covered employee marries following the effective date of this policy, it is the employee’s responsibility to inform the Board. The Board informs the plan administrator, who is then responsible for providing the new spouse with the proper notice.
2. Notices Related to Event Triggering Continuation Coverage and Election by Beneficiaries
A. The Board is responsible for notifying the plan administrator, within 30 days, of the death, separation of employment or reduction of hours (leading to less coverage) of an employee and of an employee’s entitlement to Medicare benefits.
B. The employee or beneficiary is responsible for notifying the plan administrator of the divorce or legal separation of the employee and spouse and of the termination of eligibility of a dependent child.
C. The plan administrator must notify the affected employee and dependents of their extended coverage rights within 14 days after the plan administrator is notified of the event which could lead to loss of coverage.
D. The employee or dependent is given a period of 60 days after this notice is given in order to elect the extended coverage and to present payment of any applicable premium costs back to the cessation of coverage.
3. Employees’ and Dependents’ Rights Upon Loss of Coverage
A. The extended coverage offered to eligible employees and their dependents is the same coverage as that provided under the current group plan to “similarly situated” individuals who remain eligible for regular (i.e., nonextended) coverage.
1 of 2
File: GBN
B. If an employee incurs a termination of employment, whether voluntary or involuntary (other than for “gross misconduct”), or a reduction of hours which results in loss of coverage, he/she will be offered the extended coverage (including extended coverage for dependents who would otherwise lose existing coverage) for up to 18 months.
C. If an employee’s spouse or children who are covered as dependents under the group health plan would lose coverage because of the death of the employee, divorce, legal separation or the employee’s becoming eligible for Medicare, the spouse and children will be offered the extended coverage for up to 36 months.
D. If an employee’s dependent child who is covered by the group health plan ceases to be a dependent child under the terms of the plan and thereby loses coverage, the child must be offered extended coverage for up to 36 months.
4. Early Retirement of Coverage
Extended coverage elected by an eligible employee or dependent is terminated before the expiration of the relevant 18- or 36-month period if the covered individual:
A. becomes covered by another employer-sponsored group health plan as a result of employment, re-employment or remarriage;
B. becomes covered by Medicare or
C. fails to pay for the coverage.
5. Cost of Coverage to the Employee and/or Dependents
A. Eligible individuals who elect extended coverage can be charged 102% of the cost of the extended coverage. The cost of the extended coverage is the cost for the same period of coverage for similarly situated employees or dependents who remain eligible for regular coverage.
B. The health care coverage to which this policy applies includes major medical, hospitalization, surgical and dental insurance but does not include life insurance.
[Adoption date: April 17, 2003]
LEGAL REF.: Consolidated Omnibus Budget Reconciliation Act; 42 USC 300bb-1 et seq.
2 of 2
File: GBO (return to top menu - Section G)
VERIFICATION OF EMPLOYMENT ELIGIBILITY
The Board complies with all aspects of the Immigration Reform and Control Act. The Board delegates to the Superintendent the responsibility of establishing procedures to ensure compliance with this act.
Federal law requires that all employers and employees hired after November 6, 1986 complete an Employment Eligibility Verification Form (Form I-9) provided by the U.S. Immigration and Naturalization Service. All such employees must provide documents which establish both identity and employment eligibility in order for Form I-9 to be completed and signed by both the employee and the appropriate District official.
The Employment Eligibility Verification Form (Form I-9) must be retained for three years or for one year past the end of the employment of an individual, whichever is longer. Such forms must be made available for inspection to an Immigration and Naturalization Service (INS) or Department of Labor (DOL) officer upon request.
[Adoption date: April 17, 2003]
LEGAL REF.: Immigration Reform and Control Act; 8 USC 1324a et seq.
CROSS REF.: AC, Nondiscrimination
File: GBO-R (return to top menu - Section G)
VERIFICATION OF EMPLOYMENT ELIGIBILITY
In order to comply with Federal law, the following verification of employment eligibility procedures apply:
Completion of Form I-9
The Superintendent/designee requires persons employed to complete Form I-9 within three business days of the date of employment. If an individual is employed for less than three days, the form must be completed before the end of the employee’s first working day.
The following individuals do not need to complete Form I-9.
1. persons hired before November 7, 1986
2. persons hired after November 6, 1986, who left your employment before June 1, 1987
3. persons who provide labor to the District and who are employed by a contractor providing contract services
4. persons who are independent contractors
The Superintendent/designee is also responsible for reverifying employment eligibility of employees whose employment eligibility documents carry an expiration date.
Acceptable Documents for Verifying Employment Eligibility
All employees hired after November 6, 1986, need to provide a document or documents which establish identity and employment eligibility. The following lists identify acceptable documents:
LIST A
Documents Which Establish Identity and Employment Eligibility
1. United States passport
2. Certificate of United States Citizenship (INS Form N-560 or N-561)
3. Certificate of Naturalization (INS Form N-550 or N-570)
4. Unexpired foreign passport which:
A. contains an unexpired stamp which reads “Processed for I-551. Temporary Evidence of Lawful Admission for permanent residence. Employment authorized” or
1 of 3
File: GBO-R
B. has attached thereto Form I-94 bearing the same name as the passport and contains an employment authorization stamp, provided that the period of endorsement has not expired and the proposed employment is not in conflict with any restrictions or limitations identified on Form I-94.
5. Alien Registration Receipt Card (INS Form I-151) or Resident Alien Card (INS Form I-551), provided that it contains a photograph of the bearer
6. Temporary Resident Card (INS Form I-688A)
7. Employment Authorization Card (INS Form I-688A)
LIST B
Documents Which Establish Identity
1. For individuals 16 years of age or older
A. state-issued driver’s license or state-issued identification card containing a photograph (If the driver’s license or identification card does not contain a photograph, identifying information should be included, such as name, date of birth, gender, height, color of eyes and address.)
B. school identification card with a photograph
C. voter’s registration card
D. United States military card or draft record
E. identification card issued by federal, state or local government agencies
F. military dependent’s identification card
G. Native American tribal document
H. United States Coast Guard Merchant Mariner card
I. driver’s license issued by a Canadian government authority
2. For individuals under age 16 who are unable to produce one of the documents listed above
A. school record or report card
B. clinic doctor or hospital record
C. day-care or nursery school record
2 of 3
File: GBO-R
LIST C
Documents Which Establish Eligibility
1. Social Security number card, other than one which has printed on its face “not valid for employment purposes”
Note: This must be a card issued by the Social Security Administration
(A facsimile (such as a metal or plastic reproduction) is not acceptable.)
2. an original or certified copy of a birth certificate issued by a state, county or municipal authority bearing an official seal
3. unexpired INS employment authorization
4. unexpired re-entry permit (INS Form I-327)
5. unexpired Refugee Travel Document (INS Form I-571)
6. certification of birth issued by the Department of State (Form FS-545)
7. certification of birth abroad issued by the Department of State (Form DS-1350)
8. United States Citizen Identification card (INS Form I-197)
9. Native American tribal document
10. identification card for use of Resident Citizen in the United States (INS Form I-179)
Retention of Employment Eligibility Verification Form (Form I-9)
The Superintendent/designee must retain Form I-9 for three years or for one year past the end of the employment of the individual, whichever is longer. Such forms are retained in a separate file and shall be considered to be confidential and used only for employment eligibility verification purposes.
Preparation of Documents for Inspection
U.S. Immigration and Naturalization Service (INS) or Department of Labor (DOL) officers are required to give employers three days advance notice before an inspection. The Superintendent/ designee assembles the I-9 forms in preparation for the inspection. Failure to provide the I-9 forms could result in civil money penalties for each employee for whom the form was not completed, retained or presented.
(Approval date: April 17, 2003)
3 of 3
File: GBP (return to top menu - Section G)
DRUG-FREE WORKPLACE
No employee shall unlawfully manufacture, distribute, dispense, possess or use any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcohol or any other controlled substance, as defined in Federal and State law, in the workplace.
“Workplace” is the site for the performance of any work done in connection with the District. The workplace includes any District building, property, vehicles or Board-approved vehicle used to transport students to and from school or school activities (at other sites off District property) or any school-sponsored or District activity, event or function, such as a field trip or athletic event in which students are under the jurisdiction of District authorities.
As a condition of employment, each employee shall notify his/her supervisor, in writing, of his/her conviction of any criminal drug statute for a violation occurring in the workplace as defined above, not later than five days after such conviction.
Employees are given a copy of the standards of conduct and the statement of disciplinary sanctions and are notified that compliance with the standards of conduct is mandatory. Employees who violate the policy shall be subject to disciplinary proceedings in accordance with prescribed administrative regulations, local, State and Federal laws and/or the negotiated agreement, up to and including termination. Any employee in violation of this policy may be required to participate in a drug-abuse assistance or rehabilitation program approved by the Board.
Employees are provided the opportunity to participate in a drug-free awareness program to inform them of requirements, services and penalties.
A list of local drug and alcohol counseling, rehabilitation and re-entry programs and services offered in the community is made available to employees.
[Adoption date: April 17, 2003]
LEGAL REFS.: Drug-Free Workplace Act of 1988; 41 USC 701 et seq.;
20 USC 3474, 1221e-3(a)(1)
Drug-Free Campus and Schools Act; 20 USC 3224(a)
CONTRACT REF.: Mahoning County Educational Service Center Employees’ Association
File: GBQ (return to top menu - Section G)
CRIMINAL RECORD CHECK (Revision HB190 & 79, 7 17 08)
The Board shall request from the Superintendent of the Bureau of Criminal Identification and Investigation (BCII) criminal record checks of candidates under final consideration for employment or appointment by the Board if the candidates are responsible for the care, custody or control of students.
The Board may employ persons responsible for the care, custody or control of students on the condition that the candidate submit to and pass a BCII criminal record check in accordance with the Ohio Revised Code. Applicants are given a separate written statement informing them that the Board may use a criminal record check as part of the initial hiring process and at various times during the employment career. This notice must be on a separate document which only contains this notice. The applicant’s written authorization to obtain the criminal record check will be obtained prior to obtaining the criminal record check.
Prior to taking an adverse action against an applicant or employee (such as declining to employ, reassigning an employee, denying a promotion, suspension, nonrenewal or termination) based in whole or in part on a criminal record check, the applicant or employee is given a written pre adverse action disclosure statement which includes a copy of the criminal record check and the Federal Trade Commission’s notice entitled “A Summary of Your Rights Under the Fair Credit Reporting Act.”
After taking an adverse action, the applicant or employee is given a written adverse action notice which includes the name, address and telephone number of BCII, a statement that BCII did not make the decision to take the adverse action and cannot give specific reasons for it, the individual’s right to dispute the accuracy or completeness of any information furnished by BCII and the individual’s right to an additional free criminal record check from BCII upon request within 60 days. Any person conditionally hired who fails to pass a BCII criminal background check shall be released from employment.
An applicant for employment may provide a certified copy of a BCII criminal background check to the Board in compliance with the Ohio Revised Code. The Board may accept this background check in place of its own background check if the date of acceptance by the Board is within one year after the date of issuance by the BCII.
For bus driving applicants, a BCII, county or local law enforcement agency records check is required. For currently employed bus drivers, a new report is required every six years.
1 of 2
Teachers are required to submit to criminal record checks for initial licenses, certificates or permits at the time of application; at all applications for renewal of licenses, certificates or permits; and every five years if teaching under an eight-year professional teaching certificate or permanent teaching certificate.
Any and all information obtained by the Board or persons under this policy is confidential and shall not be released or disseminated. Any applicant not hired because of information received from the record check shall be assured that all records pertaining to such information are destroyed.
Volunteers
Current and prospective volunteers who have or will have unsupervised access to children on a regular basis may, at any time, be subject to a criminal record check (BCII).
Adopted 6.28 07
LEGAL REFS.: Fair Credit Reporting Act; 15 USC 1681 et seq.
ORC 109.57; 109.572
2953.32
3319.291; 3319.311; 3319.313; 3319.315; 3319.39
OAC 3301-83-06
CROSS REFS.: GBL, Personnel Records
GCD, Professional Staff Hiring
GCPD, Suspension and Termination of Professional Staff Members
GDD, Classified Staff Hiring
GDPD, Suspension and Termination of Classified Staff Members
IIC, Community Instructional Resources (Also KF)
IICC, School Volunteers
LEA, Student Teaching and Internships
NOTE: THIS IS A REQUIRED POLICY
2 of 2
File: GBR (return to top menu - Section G)
FAMILY AND MEDICAL LEAVE
The Board provides leave to eligible employees consistent with the Family and Medical Leave Act (FMLA). Eligible employees are entitled to up to 12 work weeks of unpaid family and medical leave in any 12-month period. The Board continues to pay the District’s share of the employee’s health benefits during the leave. In addition, the District restores the employee to the same or a similar position after the termination of the leave in accordance with Board policy.
In complying with the FMLA, the District adheres to the requirements of applicable Federal and State laws.
Additional information is contained in the regulations which follow this policy.
[Adoption date: April 17, 2003]
LEGAL REFS.: Family and Medical Leave Act; 29 USC 2611 et seq.
ORC 124.38
3313.20;
3319.08; 3319.09; 3319.13; 3319.131; 3319.141
CROSS REFS.: GCBD, Certificated Staff Leaves and Absences
GDBD, Classified Staff Leaves and Absences
CONTRACT REF.: Mahoning County Educational Service Center Employees’ Association
File: GBR-R (return to top menu - Section G)
FAMILY AND MEDICAL LEAVE
An employee who has worked for the District for at least 12 months is eligible for 12 work weeks of FMLA leave during a 12-month period, provided the employee worked at least 1,250 hours in the 12 months preceding the beginning of the leave.
Types of Leave
An eligible employee may take FMLA leave for:
1. the birth and first-year care of a child;
2. the adoption or foster placement of a child;
3. the serious illness of an employee’s spouse, parent or child or
4. the employee’s own serious health condition that keeps the employee from performing the essential functions of his/her job.
An employee may elect, or the Board may require an employee, to use accrued paid vacation, personal or sick leave for purposes of a family leave. An employer cannot compel an employee to use accrued medical/sick leave in any situation for which the leave could not normally be used.
Spouses Employed by the District
If a husband and wife eligible for leave are employed by the District, their combined amount of leave for birth, adoption, foster care placement and parental illness may be limited to 12 weeks. An employee may not take FMLA leave to care for a parent-in-law.
Intermittent and Reduced Leave
Intermittent leave is leave taken in separate blocks of time due to a single illness or injury.
Reduced leave is a leave schedule that reduces the employee’s usual number of hours per work week or hours per workday.
Intermittent or reduced leave is available only for the employee’s own serious health condition or to care for a seriously ill spouse, child or parent. Such leave may not be used for the birth or adoption/placement of a child.
The employee who wishes to use intermittent or reduced leave must have the prior approval of the Board/designee. Although the Board/designee and employee may agree to an intermittent or reduced leave plan, the employee who uses family leave is not automatically entitled to use such leave on an intermittent or reduced leave schedule.
The Board may provide such leave for medical purposes, but the Superintendent may transfer the employee to a position which is equivalent, but more suitable for intermittent periods of leave. The employee must furnish the Board with the expected dates of the planned medical treatment and the duration of the treatment. The Superintendent must authorize such leave in writing.
1 of 3
File: GBR-R
Benefits
The Board maintains the employee’s health coverage under the group health insurance plan during the period of FMLA leave. The employee should make arrangements with the Treasurer to pay the employee’s share of health insurance (e.g., family coverage) prior to the beginning of the FMLA leave.
The employee will not lose any other employment benefit accrued prior to the date on which leave began but is not entitled to accrue seniority or employment benefits during the leave period. Employment benefits could include group life insurance, sick leave, annual leave, educational benefits and pensions.
Notice
When the FMLA leave is foreseeable, the employee must notify the Superintendent of his/her request for leave at least 30 days prior to the date when the leave is to begin. If the leave is not foreseeable, the employee must give notice as early as is practical. When the employee requests medical leave, the employee must make reasonable attempts to schedule treatment so as not to disrupt the District’s operations.
The Board may deny the leave if the employee does not meet the notice requirements.
Certification
The Board may require the employee to provide certification from a health care provider containing specific information required under the law if he/she requests a medical leave. If there is a question concerning the validity of such certification, a second and, if necessary, a third opinion can be required, both at the expense of the District.
Upon the employee’s return to work, the Board requires that the employee present a fitness statement from the employee’s health care provider certifying that the employee is able to return to work.
Restoration
When the employee returns from the leave, the Board restores the employee to the same or an equivalent position with equivalent benefits, pay, terms and conditions of employment in accordance with Board policy.
Under certain circumstances, the Board may deny restoration to a key employee. The Board complies with the notice requirements of the FMLA in denying restoration. A key employee is one who is among the highest paid 10% of the employees and whose absence would cause the District to experience a substantial and grievous economic injury.
Instructional Employees
Special leave rules apply to instructional employees. Instructional employees are those employees whose principal function is to teach and instruct students in a small group, or in an individual setting. This term includes teachers, athletic coaches, driving instructors and special education assistants such as signers for the hearing impaired. It does not include teacher assistants or aides who do not have as their principal job actual teaching or instructing, nor does it include auxiliary personnel such as counselors, psychologists or curriculum specialists. It also does not include cafeteria workers, maintenance workers or bus drivers.
2 of 3
File: GBR-R
Limitations apply to instructional employees who take intermittent or reduced leave. If the leave requested is:
1. to care for a family member or for the employee’s own serious health condition;
2. foreseeable based on planned medical treatment and
3. such that the employee would be on leave for more than 20 percent of the total number of working days over the period the leave would extend.
The Board then may require the employee to choose either to:
1. take the leave for a period or periods of a particular duration, not greater than the planned treatment or
2. transfer temporarily to an available alternative position for which the employee is qualified, which has equivalent pay and benefits, and which better accommodates recurring periods of leave than does the employee’s regular position.
Limitations also apply to instructional employees who take leave near the end of a semester. When an instructional employee begins leave more than five weeks before the end of a semester the Board may require the employee to continue taking leave until the end of the semester if:
1. the leave will last at least three weeks and
2. the employee would return to work during the three-week period before the end of the semester.
When an instructional employee begins leave for a purpose other than the employee’s own serious health condition during the five-week period before the end of the semester, the Board may require the employee to continue taking leave until the end of the semester if:
1. the leave will last more than two weeks and
2. the employee would return to work during the two-week period before the end of the semester.
When an instructional employee begins leave for a purpose other than the employee’s own serious health condition during the three-week period before the end of a semester and the leave lasts more than five working days, the Board may require the employee to continue taking leave until the end of the semester.
Failure to Return
The Board is entitled to recover health care premiums paid during the leave if the employee fails to return from leave. Recovery cannot occur if the employee fails to return because of the continuation, recurrence or onset of a serious health condition or due to circumstances beyond the control of the employee.
(Approval date: April 17, 2003)
3 of 3
File: GCA (return to top menu - Section G)
CERTIFICATED STAFF POSITIONS
All certificated staff positions are created only with the approval of the Board. It is the Board’s intent to maintain a sufficient number of positions to accomplish its goals and objectives.
Before any new position is established, the Superintendent presents for the Board’s approval a job description for the position.
Although a position may remain temporarily vacant or the number of persons holding the same type of position may be reduced in the event of staff reductions, only the Board may abolish a position which it has created.
The Superintendent keeps all job descriptions current and presents recommended changes to the Board for approval.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3319.02; 3319.03; 3319.09; 3319.10; 3319.22
4117.01
OAC 3301-35-01; 3301-35-03
GCB Certificated Staff Contracts and Compensation Plans
File: GCB-2 (return to top menu - Section G)
CERTIFICATED STAFF CONTRACTS AND COMPENSATION PLANS
(Administrators)
Fair compensation plans are necessary in order to attract and hold highly qualified administrators to provide and manage a quality educational program.
The Board may establish a salary schedule for its administrators, with the exception that the salary of the Superintendent is usually determined by the employee contract. Notice of annual salary is given to each administrator by July 1.
All administrators shall be issued written limited contracts. The contract specifies the administrative position and duties, the salary and other compensation to be paid for performance of such duties, the number of days to be worked, the number of days of vacation leave and any paid holidays in the contractual year.
The term of the administrator’s contract will not exceed three years, except that an individual who has been employed as an administrator for three years or more shall be entitled to receive a contract of not fewer than two nor more than five years. The Superintendent may recommend employment of an individual who has served as an administrator in the District for three years or more under a one-year administrative contract once during such individual’s administrative career in the District.
An administrator who has earned teacher tenure in the District retains such status while serving as administrator. Any administrator who previously obtained teacher tenure in another district achieves teacher tenure in the District after re-employment with two or more years’ experience as an administrator in the District.
The Superintendent’s recommendation is considered in all contract renewals. All administrators are evaluated annually. In the year an administrator’s contract does not expire, the evaluation is completed by July 31 and a copy is given to the administrator. In the year an administrator’s contract does expire, two evaluations are completed — one preliminary and one final. The preliminary evaluation is conducted at least 60 days prior to March 31 and prior to any Board action on the employee’s contract.
The final evaluation includes the Superintendent’s intended recommendation for the contract of the employee. A written copy of the final evaluation must be provided to the employee at least five days prior to the Board’s action to renew or nonrenew the employee’s contract. If the Board fails to take action on the expiring contract, then the administrator is renewed. If the administrator has been in the District for two years or less, he/she will receive a one-year contract. If the administrator has been in the District three years or more, he/she will receive a two-year contract.
Before March 31, any administrator whose contract expires at the end of the school year is notified by the Board of the date on which the contract expires and of the individual’s right to request a meeting with the Board in executive session to discuss the reasons for considering renewal or nonrenewal of his/her contract. Also prior to March 31 of the year in which the contract of employment expires, any administrator whom the Board intends to nonrenew receives written notification of the Board’s intent not to re-employ.
1 of 2
File: GCB-2
The Board may request a one-year temporary educator license valid for employing a superintendent or any other administrator, conforming with Ohio law.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3319.01; 3319.02; 3319.11; 3319.12; 3319.225
4117.01
OAC 3301-35-03(A)(8)
CROSS REF.: GCN-2, Evaluation of Certificated Staff (Also AFC-2)
2 of 2
File: GCB-2-R (return to top menu - Section G)
CERTIFICATED STAFF CONTRACTS AND COMPENSATION PLANS
(Administrators)
The Board may request the State Board of Education to issue a one-year temporary educator license valid for employing a superintendent or any other administrator as specified by the Board.
The State Board of Education may issue the temporary educator license if the Board has determined that the individual:
1. is of good moral character and
2. holds at least a baccalaureate degree from an accredited institution of higher education in a field related to finance or administration or has five years of recent work experience in education, management or administration.
A one-year temporary educator license is valid only in this District. The State Board of Education may renew the license annually upon request of the Board.
(Approval date: April 17, 2003)
File: GCBA (return to top menu - Section G)
CERTIFICATED STAFF SALARY SCHEDULES
The Board retains the authority to specify the salary of new nonbargaining unit positions and to determine the years of service credit to be awarded for placement on an existing salary schedule.
The Superintendent is authorized to credit for placement on the salary schedule all past service of an applicant for employment in this District on the following basis:
1. in a public school or chartered nonpublic school
2. for military service one year credit on schedule for each year served to a maximum of five years credit
To advance one step on a schedule, an employee must have served at least 120 working days during the prior fiscal year with the District.
Salary for members of the Mahoning County Board of Education Employees Association is established consistent with the terms of the current negotiated agreement.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3317.13; 3317.14
3319.12
CONTRACT REF.: Mahoning County Educational Service Center Employees’ Association
File: GCBB (return to top menu - Section G)
CERTIFICATED STAFF SUPPLEMENTAL CONTRACTS
Certain positions assigned to individuals may require extra responsibility or extra time beyond that required of all certificated staff members. When the Board and administration determine the need, personnel assigned to such positions are provided supplemental contracts and supplemental compensation.
A teacher who is offered and undertakes a supplemental assignment, including but not limited to a coaching duty, enters into a one-year limited contract with the Board, which automatically terminates upon the expiration date.
All assignments accorded extra compensation are designated by the Board, as is the compensation for such assignments. Contracts for such assignments are awarded by the Board upon the recommendation of the Superintendent.
Pay for supplemental assignments is based upon work performed beyond regular duties and beyond the regular workday.
The Board directs the Superintendent/designee to identify supplemental contract positions that supervise, direct or coach a student activity program which involves routine/regular physical activity or health and safety considerations. Upon the identification of the position, the individual must complete the requirements established by the Ohio Department of Education, Ohio law and the Ohio Administrative Code.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3313.53; 3319.08; 3319.11
CROSS REFS.: GCB, Certificated Staff Contracts and Compensation Plans
IGD, Cocurricular and Extracurricular Activities
CONTRACT REF.: Mahoning County Educational Service Center Employees’ Association
File: GCBD (return to top menu - Section G)
CERTIFICATED STAFF LEAVES AND ABSENCES
A leave of absence is a period of extended absence from duty by a staff member for which written request has been made and formal approval has been granted by the Board. The Board provides a plan for considering leaves and absences for its staff members in accordance with State and Federal laws and Board policies.
Compensation, if any, during leaves of absence depends upon the type of leave. Deductions are made in salaries for absence in accordance with regulations developed by the administration and approved by the Board.
Depending on the type of leave and when the group insurance policy permits, an employee may continue to participate in Board-approved insurance programs, provided that the employee pays the entire premium for these benefits.
A staff member terminates his/her affiliation with the Board if, at the expiration of the specified period of leave, he/she declines the position that is offered to him/her. Assuming his/her contract has not expired during a leave of absence, an employee holds the same contract status upon returning to duty as was held on the date on which the leave began.
Provisions covering leaves and absences are covered in the negotiated agreement.
[Adoption date: April 17, 2003]
LEGAL REFS.: Family and Medical Leave Act; 29 USC 2611 et seq.
ORC 124.38
3313.20; 3313.211
3319.08; 3319.09; 3319.13; 3319.131; 3319.14; 3319.141; 3319.143
CROSS REF.: GBR, Family and Medical Leave
CONTRACT REF.: Mahoning County Educational Service Center Employees’ Association
File: GCBE (return to top menu - Section G)
CERTIFICATED STAFF VACATIONS AND HOLIDAYS
The Board believes that it is beneficial to the District that personnel be given periodic relief from the responsibilities of their jobs without loss of compensation.
Certificated employees who work 12 months are granted 20 days vacation annually. After the first year of service, vacation leave is accrued on a monthly basis.
Employees who leave the employ of the Board may be compensated for accumulated but unused vacation time. Accrued vacation time is paid to the estate of a deceased employee.
Twelve-month certificated employees may carry a maximum of 18 months accumulated vacation leave into the next calendar year.
Application for vacation is made to the Superintendent at least 10 days prior to the desired starting date. Emergencies are given special consideration.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3313.20; 3313.63
File: GCC (return to top menu - Section G)
CERTIFICATED STAFF RECRUITING
Because the quality of the staff hired by the Board is the major component of an effective, productive educational program, the Board and the administration of the District make efforts to attract and retain qualified personnel.
The Board expects the Superintendent, with the assistance of the administrative staff, to determine the personnel needs of the District and the individual schools and to recruit the best qualified candidates to recommend for employment.
Recruitment procedures include posting all openings so that the talents and potential of individuals already employed by the school system are not overlooked. Any current employee may apply for any position for which he/she has certification and meets other stated requirements. All candidates shall be considered on the basis of their merits, qualifications and the needs of the District.
[Adoption date: April 17, 2003]
LEGAL REF.: OAC 3301-35-03
CROSS REFS.: AC, Nondiscrimination
ACA, Nondiscrimination on the Basis of Gender
ACB, Nondiscrimination on the Basis of Disability
GBA, Equal Opportunity Employment
File: GCD (return to top menu - Section G)
CERTIFICATED STAFF HIRING
The Board recognizes that it is vital to the successful operation of the District that positions created by the Board be filled with highly qualified and competent personnel.
The Board approves the employment, fixes the compensation and establishes the term of employment for each person employed by this District. Approval is given only to those candidates for employment recommended by the Superintendent. If any recommended candidate is rejected by the Board, the Superintendent makes another recommendation at the same or a subsequent meeting.
Any employee's misstatement of fact material to qualifications for employment or the determination of salary is considered by the Board to constitute grounds for dismissal.
No candidate for employment by the Board shall receive recommendation for such employment without having offered visual evidence of his/her certification and without meeting those standards outlined in the appropriate job description. Employment or termination of certificated Head Start and public pre-school staff is in accordance with federal Head Start performance standards.
The Superintendent develops procedures for the recruitment, screening and recommendation of candidates for employment in accordance with the following guidelines:
1, Only those candidates are recommended for employment who are best qualified to perform the duties of the position they may fill without regard to race, gender, religion, age, creed, ancestry, national origin or disability.
2. He/She shall seek candidates for employment who possess the following attributes:
A. successful educational training and experience;
B. scholarship and intellectual vigor;
C. appreciation of children;
D. good health and physical efficiency and
E. emotional and mental maturity.
He/She may administer such screening tests as may bear upon the candidate's ability to perform the tasks for which the candidate is being considered. He/She shall seek recommendations from former employers and others as may be of assistance in assessing the candidate's qualifications. Such records are retained confidentially and for official use only.
1 of 2
File: GCD
Employment of Retired Administrators
The Board recognizes that recruiting and retaining highly qualified administrative personnel has become increasingly difficult in Ohio’s competitive marketplace. Therefore the Board will, under appropriate circumstances, offer to enter into administrative employment agreements with qualified retired administrators whenever practical and when such action appears to be in the best interests of the District. Retired administrators may be employed as administrators on a part-time or full-time basis.
For purposes of this policy, a “retired administrator” is an individual who has retired pursuant to STRS or SERS rules and regulations.
The Board authorizes and directs the Superintendent to develop administrative regulations to implement this policy at the soonest practicable time.
[Adoption date: April 17, 2003]
LEGAL REFS.: Fair Credit Reporting Act; 15 USC 1681 et seq.
ORC 3313.53
3319.02; 3319.07; 3319.11; 3319.21; 3319.22-3319.31; 3319.39
3323.06
OAC 3301-35-03(A)
CROSS REFS.: AC, Nondiscrimination
ACA, Nondiscrimination on the Basis of Gender
ACB, Nondiscrimination on the Basis of Disability
GBA, Equal Opportunity Employment
GBQ, Criminal Record Check
2 of 2
File: GCD-R (return to top menu - Section G)
CERTIFICATED STAFF HIRING
(Retired Administrators)
When circumstances dictate, and in order to maintain continuity of the District’s educational program, the employment of previously retired administrative personnel to fill administrative vacancies may be recommended to the Board so long as all of the following conditions are met.
1. A previously retired administrator must execute a written waiver of any evaluation procedures and potential automatic re-employment pursuant to applicable provisions of law.
2. A previously retired administrator must waive eligibility for continuing contract status as a teacher in the District, no matter his/her length of post-retirement service or the number of administrative contracts issued.
3. No previously retired administrator has any expectation of or right to future employment.
4. No previously retired administrator is eligible to participate in any retirement incentive program offered by the Board including, but not limited to, severance allowance.
5. Previously retired administrators may be eligible for health and other insurance benefits offered by the Board to its employees.
6. A previously retired administrator must hold a valid license issued by the Ohio Department of Education pursuant to State law, and may be employed in the District under a temporary administrative license.
7. Previously retired administrators are entitled to all benefits available to administrative employees, unless otherwise limited by contract or the specific provisions of this regulation.
8. Previously retired administrators return to employment with no sick leave balance, but may accumulate sick leave once re-employed.
(Approval date: April 17, 2003)
File: GCL (return to top menu - Section G)
CERTIFICATED STAFF DEVELOPMENT OPPORTUNITIES
Certificated staff members are encouraged to pursue and are provided with opportunities for the development of increased competencies beyond those which they may attain through the performance of their assigned duties and assistance from supervisors.
Opportunities for professional growth are provided through such means as:
1. planned in-service programs and workshops offered within the District from time to time;
2. released time for visits to other classrooms and schools and for attendance at conferences, workshops and other professional meetings and
3. leaves of absence for advanced educational training.
The Superintendent has the authority to approve released time for conferences and visitations and reimbursements for expenses, provided that such activities are within budget allocations for that purpose.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3313.20
3315.07
3319.131
OAC 3301-35-03
CROSS REF.: GCBD, Certificated Staff Leaves and Absences
CONTRACT REF.: Mahoning County Educational Service Center Employees’ Association
(Evaluation of Certificated Staff)
File: GCN-1 (Also AFC-1) (return to top menu - Section G)
EVALUATION OF CERTIFICATED STAFF
(Teachers)
A determination of the efficiency and effectiveness of the Center staff is a critical factor in the overall operation of the District.
An ongoing evaluation program is implemented to provide a record of service, to provide objective evidence for employment and personnel decisions and to promote the improvement of instruction as a part of the goals of the District.
Procedures used in the evaluation process are subject to Board approval and in accordance with the Ohio Revised Code and the negotiated agreement. Complete and appropriate evaluation records are maintained.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC Chapter 4117
3319.01; 3319.11; 3319.111; 3319.16; 3319.161
OAC 3301-35-03(A)(8)
CONTRACT REF.: Mahoning County Educational Service Center Employees’ Agreement
File: GCN-2 (Also AFC-2) (return to top menu - Section G)
EVALUATION OF CERTIFICATED STAFF
(Administrators)
The Superintendent institutes and maintains a comprehensive program for the evaluation of administrative personnel. Administrative personnel are all persons issued contracts in accordance with the Ohio Revised Code, including the following: assistant superintendents, directors, principals, assistant principals and all other personnel required to maintain certificates/licenses in order to be employed as pupil-personnel workers and educational administrative specialists (provided that such person spends less than 50% of his/her time teaching or working with students) and any other employee whose duties enable him/her to be considered either a “supervisor” or “management-level employee” excluded from all of the employee bargaining units. In addition, evaluations should assist administrators in developing their professional abilities in order to increase the effectiveness of District management.
The purpose of administrator evaluations is to assess the performance of administrators, to provide information upon which to base employment and personnel decisions and to comply with the requirements of State law. All administrators are evaluated annually. In the year an administrator’s contract does not expire, the evaluation is completed by the end of the contract year, and a copy is given to the administrator. In the year an administrator’s contract does expire, two evaluations are completed, one preliminary and one final. The preliminary evaluation is conducted at least 60 days prior to March 31 and prior to any Board action on the employee’s contract. Evaluations are considered by the Board in determining whether to re-employ administrators.
The final evaluation includes the Superintendent’s intended recommendation for the contract of the employee. A written copy of the final evaluation must be provided to the employee at least five days prior to the Board’s action to renew or nonrenew the employee’s contract. The employee may request a meeting with the Board prior to any Board action on his/her contract. The employee may have a representative of his/her choice at the meeting.
The evaluation measures the administrator’s effectiveness in performing the duties included in his/her written job description and the specific objectives and plans developed in consultation with the Superintendent. The evaluations are conducted annually by the Superintendent/ designee.
Evaluation criteria for each position are in written form and are made available to the administrator. The results of the evaluations are kept in personnel records maintained in the central office. The evaluated administrator has the right to attach a memorandum to the written evaluation. Evaluation documents, as well as information relating thereto, are accessible to each evaluatee and/or his/her representative.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3319.02; 3319.16; 3319.17; 3319.171; 3319.22
OAC 3301-35-03(A)(8)
CROSS REFS.: GBL, Personnel Records
GCB-2, Certificated Staff Contracts and Compensation Plan
File: GCN-2-R (Also AFC-2-R) (return to top menu - Section G)
EVALUATION OF CERTIFICATED STAFF
(Administrators)
To assist administrators in the development of their professional abilities, to provide information for employment decisions and to comply with mandates of State law, the following procedures are employed by the Superintendent/designee in evaluating administrative personnel.
1. An initial meeting is held by the Superintendent prior to the school year with the assistant superintendents and administrators to discuss specific measurable objectives and plans for their achievement. A statement of these objectives and plans is submitted by each administrator to the Superintendent/designee at a time specified. These objectives and plans are written and maintained in each administrator’s personnel file.
2. The evaluator employs the evaluation criteria which are designed to measure the administrator’s effectiveness in performing the duties set forth in his/her written job description. All administrators will be evaluated prior to the end of their contract year. The evaluator will also assess the administrator’s progress in meeting plans and objectives set for that school year. Areas of outstanding, satisfactory and poor performance will be noted. The Superintendent/designee will meet with each administrator to discuss the written evaluation. The evaluatee is given a copy of the evaluation and has an opportunity to discuss it with the evaluator at this second meeting.
3. An ongoing dialogue concerning the administrator’s objectives will continue and the evaluator and evaluatee will meet as needed or requested.
4. For those employees whose contracts are expiring at the end of the current school year, two evaluations must be completed. A preliminary evaluation must be received by the employee at least 60 days prior to any Board action on the employee’s contract. A final evaluation must include the Superintendent’s intended recommendation for the contract of the employee. A written copy of the final evaluation must be provided to the employee at least five days prior to the Board’s action to renew or nonrenew the employee’s contract.
5. The employee may request a meeting with the Board prior to any Board action on his/her contract. The employee may have a representative of his/her choice at the meeting.
6. Administrators are automatically re-employed if they are not evaluated according to State law or provided a meeting, if requested, to discuss their renewal or nonrenewal.
7. All evaluation criteria, procedures and written job descriptions are reviewed annually by the Superintendent/designee and revised as necessary.
(Approval date: April 17, 2003)
File: GCPA (return to top menu - Section G)
REDUCTION IN CERTIFICATED STAFF WORK FORCE
The Board may reduce the number of teachers upon the return to duty of regular teachers after leaves of absence, suspension of schools, territorial changes affecting the District or reduction in the total number of students the Board is required to provide with service or reduction in the total level of service the Board is required to provide under all interdistrict contracts as a result of the termination or nonrenewal of one or more of these contracts.
The Board may reduce the number of administrators upon the return to duty of administrators after leaves of absence, suspension of schools, territorial changes affecting the District, financial reasons or reduction in the total number of students the Board is required to provide with service or reduction in the total level of service the Board is required to provide under all interdistrict contracts as a result of the termination or nonrenewal of one or more of these contracts.
[Adoption date: April 17, 2003]
LEGAL REF.: ORC 3319.17
CONTRACT REF.: Mahoning County Educational Service Center Employees’ Association
File: GCPB (return to top menu - Section G)
RESIGNATION OF CERTIFICATED STAFF MEMBERS
Any certificated staff member who has a contract effective for the next school year is permitted to resign prior to July 10, preceding that year. After that time, the consent of the Board must be given before a staff member may resign his/her position. A teacher who resigns after July 10 is subject to certification sanctions imposed by the State Board of Education. Resignations are submitted to the Superintendent for presentation to the Board.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3319.02; 3319.15
File: GCPCA (return to top menu - Section G)
SEVERANCE PAY
In accordance with statute, all employees who present evidence of retirement from active service with the Board are granted severance pay for their accrued but unused sick leave days. This policy specifies the manner for so doing.
After 10 years of service in SERS or STRS with a political subdivision of the state or a combination thereof, all employees who retire from active service, in accordance with the provisions of the State Teachers Retirement System or the School Employees Retirement System, shall be eligible for severance pay.
Severance pay is determined as follows: divide the employee's total annual contract salary by his/her annual workdays according to his/her regular contract. This is the employee's average daily rate of pay. The daily rate of pay is multiplied by 1/4 of his/her accumulated unused sick leave to the maximum number of unused sick leave days specified in the master contract. The product constitutes the employee's severance pay.
The employee may choose to take his/her severance pay any time between the date of acceptance into the retirement system and the succeeding January 31 upon presentation of a copy of the first retirement check to the District's Treasurer.
Payment of severance pay eliminates all obligations of the employer at the time of retirement from any further payment or restoration of sick leave unused.
Administrators who have retired under the rules of the State Teachers Retirement System are not eligible for severance pay based upon a subsequent retirement.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 9.90
124.39
CONTRACT REF.: Mahoning County Educational Service Center Employees’ Association
File: GDA (return to top menu - Section G)
CLASSIFIED STAFF POSITIONS
All classified staff positions are created only with the approval of the Board. It is the Board’s intent to maintain a sufficient number of positions to accomplish its goals and objectives. Employment or termination of classified Head Start and public pre-school staff is in accordance with federal Head Start performance standards.
Before any new position is established, the Superintendent presents for the Board’s approval a job description for the position.
Although positions may remain temporarily vacant, or the number of persons holding the same type of position may be reduced in the event of required staff reduction, only the Board abolishes a position which it has created.
The Superintendent keeps all job descriptions current and presents recommended changes to the Board for approval.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 124.11; 124.18; 124.34
3319.081
OAC 3301-35-03
File: GDB (return to top menu - Section G)
CLASSIFIED STAFF CONTRACTS AND COMPENSATION PLANS
Contracts
All newly hired, regular classified staff employees, including regular hourly rate and per diem employees, enter into written contracts for their employment, which are for a period of not more than one year. If such employees are rehired at the end of their first contracts, their subsequent contracts are for periods of two years.
After the expiration of the two-year contract, if the contract of an employee is renewed, the employee receives a continuing contract. The salary provided in the contract may be increased but not reduced unless such reduction is a part of a uniform plan affecting the classified staff employees of the entire District.
Compensation Plans
In determining and developing salary schedules for classified staff other than administrators, the Board considers the responsibilities of the position, the qualifications needed, past experience of the individual and years of service credit.
Salaries for classified staff are reviewed and established annually by the Board upon the recommendation of the Superintendent.
In compliance with State law, employees are notified in writing by July 1 of their salary for the following school year.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC Chapter 124
3317.12
3319.081-3319.083; 3319.088
CROSS REF.: GDB, all subcodes (relating to compensation)
CONTRACT REF.: Mahoning County Educational Service Center Employees’ Association
File: GDBD (return to top menu - Section G)
CLASSIFIED STAFF LEAVES AND ABSENCES
Leaves and absences granted to the classified staff are for the purposes of helping them maintain their physical health, taking care of family and other personal emergencies and discharging important and necessary obligations.
All requests for long-term leaves of absence are submitted by the Superintendent, together with his/her recommendations, to the Board for its action.
[Adoption date: April 17, 2003]
LEGAL REFS.: Family and Medical Leave Act; 29 USC 2611 et seq.
ORC 124.38-124.39
3313.20; 3313.211
3319.13; 3319.141; 3319.143
CROSS REF.: GBR, Family and Medical Leave
CONTRACT REF.: Mahoning County Educational Service Center Employees’ Association
File: GDC/GDCA/GDD (return to top menu - Section G)
CLASSIFIED STAFF RECRUITING/POSTING OF VACANCIES/HIRING
The recruitment and selection of suitable candidates for positions is the responsibility of the Superintendent, who confers with directors and other supervisors before making a selection. An employee may apply for any vacancy for which he/she is qualified.
All appointments to the classified staff are made by the Superintendent, subject to confirmation by the Board. In making these appointments, the Superintendent carefully observes all pertinent laws as well as any regulations which may be approved from time to time by the Board. Employment or termination of classified Head Start and public pre-school staff is in accordance with federal Head Start performance standards.
The Board fixes conditions of employment as well as wages, hours and other benefits for classified staff members upon the recommendation of the Superintendent or as determined by the negotiated agreement.
[Adoption date: April 17, 2003]
LEGAL REFS.: Fair Credit Reporting Act; 15 USC 1681 et seq.
ORC Chapter 124
3319.04; 3319.081 et seq.
3327.10
4141.29
OAC 3301-35-03(A)
CROSS REFS.: AC, Nondiscrimination
GBA, Equal Opportunity Employment
GBQ, Criminal Record Check
GCC, Certificated Staff Recruiting
CONTRACT REF.: Mahoning County Educational Service Center Employees’ Association
File: GDL (return to top menu - Section G)
CLASSIFIED STAFF DEVELOPMENT OPPORTUNITIES
Classified staff training and development is essential to the efficient and economical operation of the schools.
All classified staff employees are encouraged to grow in job skills and to take additional training which improves their skills on the job. Administrators assist in the training of classified staff assigned to their respective programs.
The Superintendent may grant absences to attend meetings, conventions, conferences or workshops of local, state or national associations which serve to advance the welfare of the District through the upgrading and strengthening of the support service.
[Adoption date: April 17, 2003]
LEGAL REF.: OAC 3301-35-03
File: GDN (Also AFD) (return to top menu - Section G)
EVALUATION OF CLASSIFIED STAFF
Regular evaluation of all classified staff is intended to bring about improved services and to provide a continuing record of the service of each employee and evidence on which to base decisions relative to assignment and re-employment.
The Superintendent establishes a continuing program of performance evaluation for the classified staff. The program includes written evaluations and a means of making the results known to the evaluated employee.
The services of all classified staff employees are evaluated on a regular basis.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC Chapter 124
Chapter 4117
3319.081
OAC 3301-35-03(A)(8)
CONTRACT REF.: Mahoning County Educational Service Center Employees’ Association
File: GDPD (return to top menu - Section G)
SUSPENSION, DEMOTION AND TERMINATION OF CLASSIFIED STAFF MEMBERS
The employment of classified staff members may be terminated for violation of written policies and regulations as set forth by the Board or for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, sexual battery, certain ethics violations, conflict of interest or any other acts of misfeasance, malfeasance or nonfeasance.
The Board may also suspend an employee for a definite period of time or demote, with or without pay, an employee for these same reasons.The action of the Board to terminate the contract of any employee or to suspend or demote him/her is done in compliance with all statutory and constitutionally mandated procedures, including the opportunity for a hearing prior to the termination and if a hearing is required, prior to the suspension or demotion.
[Adoption date: April 17, 2003]
LEGAL REFS.: Fair Credit Reporting Act; 15 USC 1681 et seq.
ORC 124.32; 124.33; 124.34; 124.36
3319.04; 3319.081; 3319.083
CROSS REF.: GBQ, Criminal Record Check
CONTRACT REF.: Mahoning County Educational Service Center Employees’ Association
File: GEA (return to top menu - Section G)
REEMPLOYMENT OF MCESC RETIREES
The following terms and conditions relate to the employment or re-employment of individuals following such members’ service (STRS/SERS) retirement. Specifically,
1. Except as otherwise specifically set forth herein, the Board is under no obligation to employ any retired employee and the parties hereto explicitly agree that there is no expectation of continued employment or re-employment when an employee retires from the Mahoning County Educational Service Center. However, for the period July 1, 2005 through June 30, 2008 only, STRS and SERS service retirement eligible Mahoning County Educational Service Center employees who provide the Board with written notice by January 15th of the year of their service retirement for a date at the end of the 2005-2006, 2006-2007, or 2007-2008 contract years, with the written recommendation of the employee’s director may elect to be re-employed by the Board under two (2) one year limited contracts. Such contracts will otherwise be subject to the provisions of this section and the right to continued employment will expire without further action of the Board at the end of the second contract and the expiration of the contract shall not be subject to challenge. Additional one year limited contracts may be offered, at the discretion of the Governing Board.
For the 2005-2006 contract year only, the Board agrees that the January 15th deadline for notification will be extended until May 15, 2006.
2. As per current Board Policy which took effect on July 1, 2004, employees hired or re-hired by the Board in retirement, who are otherwise eligible to receive health care benefits from the Board (medical, prescription and dental) and who are also eligible for STRS/SERS health care benefits, must elect to receive the STRS/SERS provided coverage as a condition of employment with the Board. The Board will reimburse such employees in an amount equal to the lesser of employees required contribution to STRS/SERS for that coverage or the amount the employee would be required to pay for similar MCESC provided health care coverage.
Proof of STRS/SERS coverage must be provided to the Treasurer for verification, along with any change notice(s) received from STRS. Payments will be made with the last pay of each month. Reimbursement will be made to the employee once per month.
To the extent that a retired member previously covered by STRS/SERS loses the ability to obtain insurance coverage through STRS/SERS due to changes in STRS/SERS regulation, state law, or through legal action, such members would immediately be eligible to participate in the Board’s health insurance coverage on par with any other member as specifically provided for in this Agreement. The parties hereto expressly agree that this provision supersedes any inconsistent or contrary state or federal statute, law or regulation.
3. Salary placement for employees hired after retirement shall be and remain at Step Three (3) of the appropriate Salary Schedule. If said employee is re-employed for any number of subsequent one year contracts, he/she shall remain at Step Three (3) of the salary schedule effective for the current contract year. Salary placement for the appropriate education column shall be fully recognized. The salary schedule placement determination as set forth herein shall not be challengeable, and the parties expressly agree and fully intend this provision to supersede and take precedence over and any and all other inconsistent or contrary state or federal statutes, laws and/or regulations, including, but not limited to Revised Code Section 3317.13.
4. Seniority for retired members newly hired by the Board as well as for Mahoning County Educational Service Center members returning to employment with the Board after retirement will be zero (0) upon such employment and any subsequent re-employment.
5. Members employed by the Board after retirement shall be considered in a similar fashion as any other limited contract member with zero (0) seniority.
6. Employees hired in retirement will be provided an annual amount of leave time for use to cover absence due to illness and/or personal business that can only be conducted during the normal work day/work week. Such leave amount for any employee hired in retirement will be determined by dividing the number of days in said employee’s contract of employment by 25 with a maximum of 8 leave days, partial days will be rounded to the nearest quarter, being provided for any reemployed retiree (e.g., a 200 or more-day employee would be provided with 8 leave days at the beginning of their contract period.) As per current procedure with all employees, such leave can only be taken in increments of .25 days. Such leave will not accumulate from year to year. There will be no severance pay available for members employed by the Board after service retirement, nor may such members participate in any retirement incentive of any kind. To the extent this provision conflicts with Ohio Revised Code Section 3319.141.
7. Retire/rehires hired into a 12 month position(251 day contract) will be placed at step 4 and given 10 paid holidays, 10 vacation days and the 8 days for use to cover absence due to illness and/or personal business that can only be conducted during the normal work day/work week as defined in paragraph 6 above.
8. Individuals employed by the Board after retirement will be given two one-year limited contracts only as set forth above. Employees hired after retirement do not have an entitlement to any evaluation provisions under state law that might otherwise apply. Further, the right to continued employment will expire automatically at the end of the second one-year contract and the expiration of that contract shall not be subject to challenge. For purpose of these employees, the parties specifically agree that this provision supersedes and takes the place of any contrary provision of state law, including, but not limited to, Ohio Revised Code Sections 3319.11 and 3319.111.
9. Employees hired in retirement shall contribute to SERS or STRS according to the current provisions and requirements of the retirement boards and law.
10. The parties expressly agree and fully intend this provision will supersede and take precedent over the provisions of Revised Code Section 3317.13 and any and all other inconsistent or contrary state or federal statutes, laws and/or regulations.
11. It is the intention of the Board that the operative language set forth
herein shall be deemed as a part of the Collective Bargaining Agreement thru June 30, 2008.
[Adopted:] June 28, 2007
(Return to Section G - Menu) (Return to Policy Manual - Menu)