To establish and administer a fair and equitable Reduction in Force program. Reduction in force may result from declining student enrollments, discontinuance of a particular service or program, shortage of anticipated revenue, or school consolidation. Reference Utah Code Section 53A-8-107. (http://www.le.state.ut.us/~code/TITLE53A/htm/53A09008.htm).
2.1. The provisions of this policy are not to be used if the sole cause for dismissal is either misconduct or lack of satisfactory performance.2.2. The procedures outlined in this policy will not apply to dismissal of temporary employees (intern, at-will, on-call, substitute, temporary, or one-year-only status). Employees serving in temporary positions may be dismissed at any time at the sole discretion of the Washington County School District.
2.3. Reduction in force (RIF) decisions will be made without regard to the employee's race, color, gender, religion, national origin, age, or disability.
2.4. Retention status will be based on adequate performance, qualifications, seniority, and employment status.
2.5. Pre-RIF and RIF action will supercede all other transfer and/or staffing policies and procedures.
3.1. Definitions:3.1.1. Comparable Position/Reasonable Offer: A comparable position or reasonable offer for a tenured employee is considered a non-temporary position with equivalent pay, benefits, and employment status (full-time or part-time).3.1.2. Continuous/Uninterrupted District Employment: Continuous/uninterrupted employment is employment without a separation of more than one week. For example: a teacher who works for the District for one year then resigns, and is re-employed six weeks later is considered to have a break-in-service. While the teacher had prior service with the District, the prior employment and the current employment are not continuous. A period of sabbatical leave, an approved leave of absence, or an involuntary separation (such as due to a RIF) does not constitute a break-in-service. All other voluntary breaks (a break for any other reason) in service will require a new starting date for RIF seniority.
3.1.3. Disciplinary Action: For the purposes of this policy a disciplinary action includes a written verbal warning, written warning, suspension with or without pay, or notice of intent to dismiss. A District level disciplinary action is any disciplinary action signed at the District level.
3.1.4. Displacement Action: Displacement is the placement of a tenured employee with higher retention order standing into an employee's position with lower retention order standing. A tenured part-time employee is not eligible to displace a tenured full-time employee.
3.1.5. District: For the purposes of this procedure, District shall refer to the Washington County School District.
3.1.6. Involuntary Transfer/Separation: For the purposes of staffing and other placement actions, a transfer or separation under the conditions of this policy/procedure is considered involuntary.
3.1.7. Position Type: The position type is used as an identification tool in the grouping of retention lists. It is based on applicable position qualification requirements. The position type will normally reflect the certification, endorsement, qualification, and/or departmental requirements for the position.
3.1.8. RIF Seniority Date: The RIF seniority date represents continuous uninterrupted Washington County School District employment. Prior periods of District service separated by a voluntary break-in-service will not count toward the RIF seniority date. The date is normally the date the employee started in the current occupational area or position. For a continuous full-time employed teacher it is the starting date of the first teaching position in the District. For other continuous full-time employees, it is the starting date for the District in the current departmental area, such as custodian, bus driver, or foodservice worker. For Administrators, it is the date they started working for the District as a certificated or administrative employee. The RIF seniority date will be proportionately adjusted for part-time District employment, an approved leave of absence, or an involuntary separation. The RIF seniority date is adjusted once each year normally based on an effective date of July 1st. Once the seniority date is recalculated it will remain unchanged until the beginning of the next contract year.
3.1.9. RIF Seniority Date, Adjusted: The RIF seniority date is adjusted proportionately for part-time employment. For example: an employee who is currently full-time but worked for two years as a part-time (1/2 day) employee will have two years of employment count as one year. Additionally, an employee who has had an approved one-year leave of absence or an involuntary break-in-service will not receive credit for the period toward RIF seniority. An employee who is on paid sabbatical leave will receive full credit for the period. The RIF seniority date worksheet (Attachment 1, an Excel Spreadsheet File) will be used to calculate the adjusted seniority date.
3.1.10. Temporary Employees: Employees serving in intern, at-will, on-call, substitute, temporary, or one-year-only positions may be dismissed at any time at the sole discretion of the Washington County School District and have no tenure.
3.2. Pre-RIF Planning/Action: The purpose of Pre-RIF planning and action is to insure every tenured employee has an opportunity to continue employment. If the District is unable to continue employment of a tenured employee, the District will utilize the procedures outlined in the RIF process (paragraph 3.3.) to determine what positions will be affected by separation.
3.2.1. District administration will carefully analyze the need for a reduction in staff to determine which areas, activities, programs, or organizations need to be affected:3.2.1.1. The administrator(s) within the affected area(s) will identify the positions that need to be eliminated.3.2.1.2. The District will establish a list of excess positions and the names of the current incumbents in order to focus on placement opportunities.
3.2.2. The District will attempt to minimize the impact of a pending RIF by considering RIF alternatives such as early retirement incentives, transfers, normal employee attrition, and the use of temporary employment.
3.2.3. It is the responsibility of individual employees to keep the District Personnel Office notified of any changes in qualifications and to update individual files, as applicable, at the District office.
3.2.4. If the District considers a position occupied by a temporary employee as a suitable placement option for a tenured employee, the temporary employee will be dismissed, and the position may be used to place the affected tenured employee. This action will normally occur before the RIF process (paragraph 3.3.) is started.
3.2.5. The District reserves the right to transfer employees to other schools or locations in the District to avoid a RIF.
3.2.5.1. An employee who is on probation, who has had a disciplinary action in the past 12 months, or who cannot meet qualification/certification requirements (as determined by the District and State) for the position, the employee is not eligible to transfer. The Superintendent may approve exceptions.3.2.5.2 As appropriate, volunteers may receive first consideration for transfer.
3.2.5.3 If more employees are considered suitable than are needed for transfer (e.g. if there are more volunteers than needed) ties will be broken by the adjusted RIF seniority date.
3.2.5.4. If there are no volunteers, or if using volunteers for transfer would have a negative imact on District needs or a basic program requirement, management may select the most suitable employee(s) for transfer. Final selection for pre-RIF transfer should be based on the staffing needs of both schools and the qualifications of employees.
3.2.6. Employees who decline a reasonable offer to transfer to a comparable position have no further entitlement to placement.
3.2.7. The District reserves the right to offer an employee a placement opportunity under a qualifications waiver if the action will not have an adverse impact on the program. In such cases the employee must accept and comply with the conditions of the waiver and letter of authorization. All expenses associated with meeting the requirements of the waiver, such as additional education or training, are the responsibility of the employee.
3.3. RIF Process:
3.3.1. Retention order standing: If after pre-RIF planning/action a reduction in the number of tenured employees is required, the District will create District-wide retention list(s) identifying affected employees and employees with lower seniority on the same retention list(s). The District will first group employees by employment category (certified or classified) and then position type. Each group constitutes one retention list. Each retention list is then sorted by the adjusted RIF seniority date.3.3.2. Employees shall compete for placement based on the retention list order. Retention order determines release for placement, termination, and displacement, to the extent that action does not have a negative impact on District needs or basic program requirements. Employees at the bottom of the list have the least retention and seniority.
3.3.3. An employee who has received a District level disciplinary action within 12 months of the date of development of the retention list or an employee in probation status on the date of retention list development is not eligible to displace another tenured employee. An otherwise qualified and eligible employee under this paragraph is only eligible for placement into a vacant position.
3.3.4. Should an employee receive a reasonable offer under this procedure and decline, he/she will no longer be eligible to displace another employee. After declination, eligibility for placement extends only to vacant positions for which the employee is fully qualified. An employee who declines a reasonable offer to a comparable vacant position will have no further entitlement to placement.
3.3.5. In the event two employees are tied for release from the retention list, the tie will be broken in a random draw of names in the presence of the affected parties or their representatives.
3.3.6. Final decisions concerning a RIF are the responsibility of the Superintendent and the Board of Education.
3.4. Notification:
3.4.1. The District will notify the employee association as soon as it is known that it must implement the RIF process.3.4.2. Tenured employees affected by a RIF will be given a minimum of thirty- (30) calendar days written notice unless that amount of notification is impossible. Such notice will include the proposed time schedule, the reasons for the proposed action, and a statement regarding the right to appeal.
3.5. Recall Procedure:
3.5.1. Employees who are transferred under the conditions of paragraph 3.2.7 (waiver of qualifications) will receive the opportunity for priority placement into the next available vacant position for which the employee is fully qualified under the following conditions:3.5.1.1. Unless the Superintendent approves an exception, the transfer must be effective at the beginning of the contract year. No mid-year placements will be made. The entitlement to priority placement will end if placement does not occur by the beginning of the next contract year.3.5.1.2. While occupying the position under the conditions of a waiver, the employee must have demonstrated full compliance with the conditions of the letter of authorization or qualification waiver.
3.5.2. Tenured employees who are involuntarily terminated from employment due to a RIF will receive priority placement into comparable position vacancies for which they are fully qualified. Priority consideration will end after two years or if the employee is offered a comparable position and declines.
3.5.3. Involuntarily terminated employees who are eligible for priority consideration are responsible to notify the District Personnel Office of any change in personal qualifications.
3.6. Right to Appeal:
3.6.1. Employees directly affected by a RIF action who feel the RIF procedure was not fairly or equitability administered may file an appeal at step one of the Formal Grievance Procedure. Reference WCSD Policy 1720. In accordance with District Policy 1720-3.2, the appeal shall be made in writing, within ten (10) working days of the Formal RIF notice. (http://www.wash.k12.ut.us/policy/1000/1720_grievance_procedure.htm) .
Distribution: Board Members, Superintendent, Associations, Assistant Superintendents, Administrators and Principals.