| Subject: | CHANGES IN STATUS: ADMINISTRATIVE STAFF |
| Source(s): |
Board of Education's Affirmative Action Plan; |
CHANGES IN STATUS: ADMINISTRATIVE STAFF
Promotion, Transfer, Reassignment, Demotion, and Reclassification
Promotions
Administrative promotions will be made by the Superintendent of Schools upon approval of the Board of Education.
A promotion is defined as any change in the position of an administrative employee that results in vertical movement on the administrative position classification schedule (i.e., movement from a lower position classification to a higher position classification on the administrative position classification schedule).
A promotion results in the following:
- Increased responsibility.
- Increased pay.
- Increased decision making autonomy or authority.
Promotion may be used as a means of filling an administrative vacancy when:
1. The Superintendent revises and existing employee's job duties or restructures and existing employee's position in order to undertake new or additional work, without such new duties or position being considered a vacancy, provided no new or additional employee is hired as a result of the change or restructuring.
2. The Board of Education directs that an administrative vacancy be filled from within the existing administrative staff. This would occur when:
a. There are qualified personnel from protected and non protected classes within the District.
b. It is in the best interests of the District.Other than the situations outlined above, when an administrative vacancy is declared and defined as being filled via promotion, the employment procedure used when hiring an administrative person will be applied.
Transfers
The transfer of administrative employees between positions in the Madison Metropolitan School District is the responsibility of the Superintendent or his/her designee. Administrative transfer is defined as the lateral movement of administrative staff within position classifications on the administrative position classification schedule. Transfers will occur when:
- It leads to the professional growth of an employee;
- As a result of school closings;
- They lead to a reduction in the administrative force;
- To avoid the layoff of administrative staff; and/or
- It is in the best interests of the District.
Administrative Transfer Process
I. A. In January of each year, all administrators will be encouraged to express in writing their personal career goals/interests, including those that might affect transfer decisions. This information will be shared with others only as necessary to execute the transfer process.
B. At any time, an administrator may submit in writing to the supervisor of the vacant position(s) or to the Superintendent his/her expression of interest to transfer to a specific position(s). The expression of interest will be considered if received prior to the date on which a decision is made regarding the filling of such position(s).
C. Throughout the transfer process, the supervisor of any vacant position(s) and the Superintendent will be available to discuss the process status at the request of any administrator. The content of this communication is not limited by this process and is the responsibility of the administrator initiating the discussion.
II. All persons who are in the same position within the same range in which a vacancy occurs (e.g., elementary school principals seeking transfers to elementary school principalships) shall be considered first for transfer.
III. The Superintendent, in consultation with appropriate administrative staff, will determine who shall be transferred, based on the best interest of the District, which may be determined by but is not limited to:
1. The ability to meet Department of Public Instruction license and certification requirements for the position;
2. The needs of the District (e.g., removing from or keeping an administrator in his/her current assignment);
3. Requirements of the position, as determined by the Superintendent or designee;
4. Qualifications of the staff as determined by the Superintendent or designee;
5. Ability and qualifications of staff to meet needs and requirements of the vacant position as determined by the Superintendent or designee;
6. Personal interest expressed in writing by the administrator;
7. Employment plans of the administrator.
IV. After a decision is made on the above-cited criteria, but before the transfer is made, a meeting will be held with the transferee to discuss the decision.
V. If no transfer is made to a vacant position under III above, all persons who are not in the same position within the same range in which a vacancy occurs (see II above) shall be considered for transfer, and Steps III and IV above will be followed.
VI. If no administrative transfer is made to fill the vacant position under II or V above, and if the position is posted, administrators who are in the same range, but not employed in the same position as the vacant position, shall be eligible to apply through the administrative hiring process to fill an administrative vacancy.
VII. As noted in Section IB, expressions of interest in transfer may be submitted at any time during the transfer process. However, an administrator is not eligible to apply through the administrative hiring process to fill a posted administrative position when such posted position is the same position held by the administrator.
Reassignment to a Lower Position Classification
The reassignment of administrative employees to a lower position classification in the District is the responsibility of the Superintendent. Such reassignments are defined as the voluntary or involuntary movement of an administrative staff member to a lower position classification on the administrative position classification schedule. An administrator shall be reassigned in this manner when, in the sole discretion of the Superintendent, it is:
Policy 3.01
Page 41. In the best interests of the District, and/or
2. To avoid the layoff of administrative staff.An administrator who is reassigned to a lower position classification on the classification schedule shall retain his/her present salary for two consecutive fiscal years and shall not be eligible for annual administrative salary increases granted by the Board during that time period.
Thereafter, such administrator shall be compensated in accordance with the administrative position classification schedule for the position to which s/he was reassigned. Such administrator shall be entitled to receive annual administrative salary increases granted by the Board as the other administrators within the District, should the salary of the position to which the administrator is reassigned exceed his/her present salary within the two consecutive fiscal year period. Under this policy, present salary is defined as the salary that the administrator is receiving on the date the decision is made to reassign him/her to a lower position classification.
Reassignment Procedure
The following procedure will be used in the reassignment of an administrator to a lower position classification on the administrative position classification schedule:
1. The position(s) available for the reassignment of administrator(s) to a lower position classification will be identified and justified.
2. The immediate supervisor(s) will recommend to the Superintendent the reassignment of administrators to a lower position classification on the administrative position classification schedule.
3. The Human Resources Department will verify that the personnel recommended have the requisite credentials and qualifications for the lower position classification recommended.
4. The Superintendent will recommend the reassignment to the Board.
5. Since administrator contracts expire on June 30th each year, preliminary notice of reassignment will be given before February 1st by registered mail. The preliminary notice shall state the reason(s) for the reassignment. Recipients of such a preliminary notice may file within seven (7) days of receipt a written request for a hearing before the Board. Such request should state whether the employee wants a public or private hearing and shall be deemed received when delivered to the Human Resources Department. Such hearing before the Board shall be held before March 1. Following the hearing or if no hearing is requested, a notice of reassignment shall be given to the employee before March 1st.
Reassignment notices shall be given only if approved by a majority vote of the full membership of the Board.
6. The above referenced procedure should be followed unless, in the sole discretion of the Superintendent, the facts and circumstances with respect to the reason(s) for the reassignment do not warrant following such procedure. In such instances, the following procedure shall be followed:
The Superintendent shall given written notice to the administrator of his decision to reassign him/her. Such notice shall set forth the reason(s) for the reassignment.
Upon receipt of the notice of reassignment referred to in the paragraph above, the administrator shall be allowed fourteen (14) days in which to make a written request to the President of the Board of Education for a hearing on the Superintendent's recommendation to reassign him/her. Such request should state whether the administrator wants a public or private hearing and shall be deemed received when delivered to the President of the Board of Education. If there is not a request for a hearing, the Superintendent shall present his recommendation to the Board. The Board shall adopt/reject/modify such recommendation and the Superintendent shall notify the administrator of the Board's action.
If there is a request for a hearing, the hearing shall be held by the Board or an impartial hearing officer. The Superintendent and/or his designee along with the Board shall determine when fairness requires that an impartial hearing officer be retained to conduct a hearing. Should the Board decide to retain such a hearing officer, it shall be at the Board's expense.
The hearing shall be recorded and transcribed by a court reporter at the expense of both the Board and the administrator, unless otherwise agreed to by the parties.
At the hearing, the Superintendent or his designee shall present evidence to support the reason(s) given in the notice to the administrator for his/her reassignment. The administrator shall be allowed to speak in opposition to the reason(s) for his/her reassignment. Both parties shall have the right: (1) at their own expense to retain counsel or any representative to act on their behalf; (2) to call witnesses on their behalf; (3) to cross examine witnesses who appear against them; and (4) to make an opening statement and closing argument.
Following the hearing before the Board, the Board shall convene into closed session to deliberate on its decision. After the hearing before the impartial hearing officer, such hearing officer shall make a recommendation to the Board as to whether or not the administrator should be reassigned. The Board should accept the recommendation of the hearing officer unless there are legitimate reasons for not doing so.
The decision to reassign the administrator shall only be made pursuant to a majority vote of the full Board. After the Board renders its decision, the administrator shall be notified of it in writing by the President of the Board within thirty (30) days of the date on which the decision was made.
Demotion of Administrative Staff
The demotion of administrative employees in the District is the responsibility of the Superintendent. Administrative demotion is defined as the voluntary or involuntary movement of an administrative staff member to a lower position classification on the administrative position classification schedule. Demotion may be used when, in the sole discretion of the Superintendent:
1. an administrator's job performance has been unsatisfactory, or
2. it is in the best interest of the District.
An administrator who is demoted shall be compensated in accordance with the administrative position classification schedule for the position to which s/he was demoted.
Demotion Procedure
1. The positions available for the demotion of administrative staff will be identified.
2. The immediate supervisor(s) will make recommendations for demotion based on evaluations of staff.
3. The Human Resources Department will verify that the personnel recommended have the requisite credentials and qualifications, or can obtain them in agreement with licensing agencies.
4. The Superintendent will recommend the demotion to the Board.
5. Since administrator contracts expire on June 30th each year, preliminary notice of demotion will be given before February 1st by registered mail. The preliminary notice shall state the reason(s) for the demotion. Recipients of such a preliminary notice may file within seven (7) days of receipt a written request for a hearing before the Board. Such request should state whether the employee wants a public or private hearing and shall be deemed received when delivered to the Human Resources Department.
Such hearing before the Board shall be held before March 1. Following the hearing or if no hearing is requested, a notice of demotion shall be given to the employee before March 1.
Demotion notices shall be given only if approved by a majority vote of the full membership of the Board.
6. The above referenced procedure should be followed unless, in the sole discretion of the Superintendent, the facts and circumstances with respect to the reason(s) for the demotion do not warrant following such procedure. In such instances, the following procedure shall be followed:
The Superintendent shall give written notice to the administrator of his decision to demote him/her. Such notice shall set forth the reason(s) for the demotion.
Upon receipt of the notice of demotion referred to in the paragraph above, the administrator shall be allowed fourteen (14) days in which to make a written request to the President of the Board of Education for a hearing on the Superintendent's recommendation to demote him/her. Such request should state whether the administrator wants a public or private hearing and shall be deemed received when delivered to the President of the Board of Education. If there is not a request for a hearing, the Superintendent shall present his recommendation to the Board. The Board shall adopt/reject/modify such recommendation and the Superintendent shall notify the administrator of the Board's action.
If there is a request for a hearing, the hearing shall be held by the Board or an impartial hearing officer. The Superintendent and/or his designee along with the Board shall determine when fairness requires that an impartial hearing officer be retained to conduct a hearing. Should the Board decide to retain such a hearing officer, it shall be at the Board's expense.
The hearing shall be recorded and transcribed by a court reporter at the expense of both the Board and the administrator, unless otherwise agreed to by the parties.
At the hearing, the Superintendent or his designee shall present evidence to support the reason(s) given in the notice to the administrator for his/her demotion. The administrator shall be allowed to speak in opposition to the reason(s) for his/her demotion. Both parties shall have the right: (1) at their own expense to retain counsel or any representative to act on their behalf; (2) to call witnesses on their behalf; (3) to cross examine witnesses who appear against them; and (4) to make an opening statement and closing argument.
Following the hearing before the Board, the Board shall convene into closed session to deliberate on its decision. After the hearing before the impartial hearing officer, such hearing officer shall make a recommendation to the Board as to whether or not the administrator should be demoted. The Board should accept the recommendation of the hearing officer unless there are legitimate reasons for not doing so.
The decision to demote the administrator shall only be made pursuant to a majority vote of the full Board. After the Board renders its decision, the administrator shall be notified of it in writing by the President of the Board within thirty (30) days of the date on which the decision was made.
Reclassification of Administrative Staff
In the event the content, scope of responsibilities or authority significantly changes in an administrative position, the administrator, or administrator's supervisor, may request that a reclassification analysis be conducted.
Reclassification Procedures
For policies governing non-renewal or dismissal of administrators, see Policy 9.04.
July 30, 2007