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403.9 Reduction in Force: Support Staff

F.C. SCHOOL BOARD  POLICIES

Series 400 Staff Personnel
 
STAFF REDUCTION:  (SUPPORT STAFF) Code No:  403.9
 
Decision To Reduce Force
 
A reduction in force is defined to mean the complete elimination of a position of employment.
 
The Board has the exclusive power to determine when a reduction in force of classified employees is appropriate.  It shall be the responsibility of the Superintendent to make a recommendation to the Board concerning any reduction in force of classified employees. 
 
Decision to Reduce Hours of Work
 
A reduction in hours of work is defined to mean a decrease in the hours of work that an individual employee or class of employees is normally scheduled to perform.  
 
The Board has the exclusive power to reduce the hours of work of an individual employee or a class of employees and has the discretion to reduce hours of work uniformly throughout a classification of employees or on an individual basis, as it deems appropriate.  It shall be the responsibility of the Superintendent to make a recommendation to the Board concerning any reduction in the hours of work of classified employees.
 
The decision to reduce the hours of work of an employee or class of employees is not subject to the provisions of this policy and may be made for any reason which is not in violation of the law.
 
Coverage
 
This policy applies to all full-time, part-time, and temporary employees who are employed in any one of the classifications listed below.  The policy applies to employees who are actively at work, to employees who are on leave of absence, and to employees who are neither actively at work or on leave of absence but whose employment has not been terminated either voluntarily or involuntarily.
 
Classification
 
For purposes of staff reduction, employees will be classified by job classification as follows:
 
Custodian
Director of Maintenance 
Cook
Head Cook
Food Service Director
Bus Driver
Transportation Director
Elementary Secretary
Middle School Secretary
High School Office Secretary
Superintendent’s Secretary 
Administrative Office Secretary
Business Manager 
Elementary Associate
Middle School Associate
High School Associate
School Nurse 
 
Procedure
 
The Board shall first attempt to make staff reductions by attrition.  Attrition is defined to mean a voluntary separation from employment, and attrition shall be deemed to have occurred only when the Board has received and acted upon a resignation prior to the date on which the Superintendent presents his/her recommendation to the Board regarding a reduction in force.  
 
If the reduction in force cannot be fully accomplished by attrition and if the Board decides to lay employees off, then, given the necessity to hire and/or maintain the most competent and qualified staff available in the interest of perpetuating the highest quality education program possible, the Superintendent shall make his/her recommendation and the Board shall base its decision regarding staff reduction on the relative competence (measured by formal evaluations), qualifications (determined by reference to the applicable job description), and work record (determined by reference to the employee’s work record, including, but not limited to, attendance, tardiness, and record of disciplinary action) of employees in the affected job classification.  If the Superintendent, in his/her judgment, determines that two or more employees are relatively equal with regard to competence, qualifications, and work record, then the recommendation of the Superintendent and the decision of the Board to reduce staff shall be made on the basis of seniority starting with the least senior employee in the affected job classification being laid off first.
 
Seniority
 
Seniority is defined as an employee’s continuous length of service with the School District and shall begin on the date the employee first worked for the District in any position.  A leave of absence does not change the employee’s seniority date.
 
Displacement Rights
 
Laid off employees shall have no right to displace any other employee.
 
Notice and Opportunity to be Heard
 
Prior to making a recommendation to the Board, the Superintendent will provide notice to each employee who would be affected by a recommendation for a reduction in force.  Notice will be provided by ordinary U.S. Mail postmarked at least two (2) weeks prior to the date on which the Superintendent submits his/her recommendation to the Board.
 
Prior to any decision by the Board, an employee who would be affected by a decision to make a reduction in force will be given an opportunity to be heard by the Board and may present information and argument to the Board in both written and oral form.  
 
The Board will provide at least two (2) weeks notice to the affected employee(s) prior to the effective date of the layoff.
 
Recall Procedure
 
All employees who are covered by this policy and who are on layoff status will be recalled before any new employee is hired in the affected job classification.  Recall shall be in reverse order of layoff with the most senior laid-off employee being recalled first.  Employees will be entitled to be recalled only to a vacancy in the position in which they were employed at the time of the layoff, and each employee will only be entitled to be recalled one time.  Laid off employees will have recall rights for six (6) months from the effective date of their layoff.
 
Laid-off employees shall keep the Superintendent advised of their current address.  Notice of recall shall be given by certified mail to employee at their current address.  If the employee fails to respond within fourteen (14) calendar days after the date of the mailing of the notice, the employee will be deemed to have refused the offer of recall.  A recalled employee must agree to report to work within fourteen (14) calendar days after acceptance of recall or his/her recall rights shall terminate.  Employees who are offered recall shall have only one opportunity to accept or reject a job offer by the District.
 
Benefits
 
The period of layoff, limited to the period during which an employee retains recall rights, shall not change the employee’s seniority date.
 
Upon recall from layoff, sick leave accumulation shall be restored to the employee at the same level as at the time of layoff.  For purposes of calculating an employee’s entitlement to sick leave and vacation benefits upon recall from layoff, the employee’s length of service shall be established at the same level as at the time of layoff.
 
Adoption: 02/14/02
   
Review: 07/09/09  11-11-13  11-12-18
 
Revision: 12/11/08  08/13/09
 
Cross References:
 
Legal References: