413 - Classified Employee Termination of Employment

413 - Classified Employee Termination of Employment dawn.gibson.cm… Sun, 08/01/2021 - 20:30

413.1 - Classified Employee Resignation

413.1 - Classified Employee Resignation

Resignations shall be in writing, signed by the resigning party, and directed to the Superintendent of Schools.

The Board recognizes that circumstances may force an employee to request a release from a contract before the contract expires; therefore an employee will be released from his/her contract after providing notice of intent to resign in writing not less than two (2) weeks before the effective date of the resignation.

The two (2) week notification requirement may be waived by the superintendent if extraordinary circumstances exist.  It shall be solely within the discretion of the superintendent to determine whether or not extraordinary circumstance exists.

 

 

Legal Reference:  Iowa Code 91A.2, .3, .5; 279.19A; 285.5(9) (1997)

Adopted:        07/12/84
Reviewed:      07/19/21
Revised:          12/21/09

 

dawn.gibson.cm… Sun, 08/01/2021 - 20:35

413.4 - Classified Employee Dismissal

413.4 - Classified Employee Dismissal

Every employee shall perform his/her assigned job to the best of his/her ability, respect and follow Board policy and terms of condition of the master agreement with any applicable duly recognized bargaining unit, and respect and obey the law.

It shall be the responsibility of the superintendent to make a recommendation for dismissal to the Board.  An employee may be dismissed for any reason, including, but not limited to, incompetence, willful neglect of duty, reduction in force, willful violation of Board Policy or administrative regulations, or a violation of the law.

The Board of Directors may, by majority vote, discharge any employee for just cause.

The superintendent is authorized to suspend a support personnel employee pending Board action on a dismissal, which may be immediately for cause, for investigation of charges against the employee, and for disciplinary purposes.  Applicable federal and Iowa laws to insure due process will be adhered to if an employee is suspended pending Board action for possible employment termination.

 

 

Legal Reference:  Northeast Community Education Association vs. Northeast Community School District, 402 N.W. 2d 765 (Iowa 1987).
                                      
McFarland vs. Board of Education of Norwalk Community School District, 277 N.W 2d 901 (Iowa 1979).
                                      Iowa Code 20.7, .24 (1997).

Cross Reference:  411.3 Contracts for Classified Personnel

Adopted:         07/12/84
Reviewed:      07/19/21

 

dawn.gibson.cm… Sun, 08/01/2021 - 20:33

413.5 - Classified Staff Reduction Through Termination

413.5 - Classified Staff Reduction Through Termination

The number of support staff may be reduced if a change in district needs or budgetary considerations make such a reduction necessary.  Reduction shall be accomplished through normal staff attrition, unless the best interests of the school district dictate otherwise.  When reductions beyond normal staff attrition are made, classified employees will receive 30 days notice of termination.

Any reduction-through-termination procedure contained in a valid collective bargaining agreement will be honored by the Board; however, such a procedure in no way diminishes the Board’s exclusive power, duty, and right to hire, promote, demote, transfer, assign, and retain public employees.

 

 

Legal Reference:  Code of Iowa, Sections 20.7, .24 (1997)

Adopted:        07/12/84
Reviewed:      07/19/21

 

dawn.gibson.cm… Sun, 08/01/2021 - 20:31