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EDUCATION AUSTIN

EDUCATION AUSTIN. Reduction in Force Information Session February 19, 2011. By: Martha P. Owen Deats, Durst, Owen & Levy, P.L.L.C. Which positions are eliminated and who is subject to the reductions is controlled by: * Board’s declaration of affected employment areas.

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EDUCATION AUSTIN

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  1. EDUCATION AUSTIN Reduction in Force Information Session February 19, 2011 By: Martha P. Owen Deats, Durst, Owen & Levy, P.L.L.C.

  2. Which positions are eliminated and who is subject to the reductions is controlled by: * Board’s declaration of affected employment areas. * Application of selection criteria in RIF Policy.

  3. Board has wide discretion in declaring affected employment areas. DFF (Local) lists the areas. Areas can stand alone or be combined.

  4. AFFECTED EMPLOYMENT AREAS = THE “POOL” OF EMPLOYEES TO WHOM YOU WILL BE COMPARED.

  5. SELECTION CRITERIA • JOB CODE • PERFORMANCE • SENIORITY • PROFESSIONAL BACKGROUND CRITERIA IS APPLIED SEQUENTIALLY

  6. DOES JOB CODE = AFFECTED EMPLOYMENT AREA? ?

  7. PERFORMANCE CRITERIA • Appraisal for current year or most recent appraisal. • Other written evaluative information for current year. • Documented disciplinary issues for current year. • TINA or growth plan. DFF (Regulation)

  8. HR will rank affected employees according to this performance documentation. ?

  9. “If Superintendent decides that the documented performance difference between two or more employees is too insubstantial to rely upon, she may apply the remaining factors according to the order set forth in Board’s Policy.”

  10. SENIORITY • Length of continuous service in the District. • Leaves less than one year will not count as a break in service.

  11. PROFESSIONAL BACKGROUND • Certification • Professional Education • Work Experience ?

  12. CERTIFIED EMPLOYEESProcess for Challenging Depends on contract status: • Probationary contracts = no nonrenewal hearing. May file a grievance. • Term contract at the end of the term = nonrenewal hearing. • Term contract in the middle of the contract term = hearing before an independent hearing examiner.

  13. CLASSIFIED EMPLOYEES PROCESS FOR CHALLENGING • IF DCD Regulation applies, appeal hearing to HR Executive Director. • If termination upheld by HR Director, may file grievance. ?

  14. Anticipated Sequence of Events for Employees • February 28 – Board votes on reduction in force, including affected employment areas. • HR prepares RIF list; superintendent approves. • Teachers will receive notices that administration is recommending nonrenewal or termination. • Only proposed at this point. • Opportunity to resign • March 28 – Board votes to propose nonrenewals or terminations • 15 days to request nonrenewal hearing or appointment of an independent hearing examiner • Hearings held.

  15. NEXT STEPS • Keep all documentation you receive. • Ask your supervisor why you have been selected and write down what you are told. • Apply for vacancies. • Go down to personnel office and get a copy of your personnel file. • Keep track of deadlines. • Don’t resign without discussing your situation with the union.

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