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HomeMy WebLinkAboutRes 11-16 WA Personnel Manual Amendments 08-15-11 WESTLAKE ACADEMY RESOLUTION NO. 11-16 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES AMENDING THE PERSONNEL POLICIES AND THEIR INCLUSION INTO THE WESTLAKE ACADEMY PERSONNEL MANUAL. WHEREAS, Westlake Academy recognizes that ongoing updates to the Academy's personnel manual are necessary to ensure best practices; and, WHEREAS, the leaders of Westlake Academy desire to promote professionalism, safety, security, and high standards of performance in the workplace; and, WHEREAS, Westlake Academy desires is to provide employees with a personnel manual that reflects the goals and vision of the Academy's leaders; and, WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of Westlake Academy staff, students, parents, and the community. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE WESTLAKE ACADEMY: SECTION 1: that, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Westlake Academy Board of Trustees does hereby approve the proposed personnel policy additions, attached as Exhibit "A", and its inclusion into the Westlake Academy Personnel Manual. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect remaining provisions and the Board hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 11-16 Page 1 of 2 "Exhibit A" Personnel Manual Additions & Amendments Nepotism (Hiring of Relatives) (Board policy adopted on May 9, 2011) The Westlake Academy Nepotism Policy will apply to all employees of the organization, unless defined as an exception in this policy. This policy will eliminate potential nepotism-related problems, workplace and ensuring best practices of employees in the performance of assigned duties. The policy is as follows: • No person related within the second degree of affinity or within the third degree by consanguinity to any elected officer of Westlake Academy, or to the Superintendent, shall be appointed any office, position, or clerkship, or other service of Westlake Academy. • Relatives of all other persons employed by Westlake Academy may not be employed by the Academy if the relative is within the second degree of affinity or within the second degree of consanguinity • This policy applies to all Westlake Academy departments, and may not be circumvented in cases where a relative would not be supervised by the existing employee. In the event that two employees enter into a marital relationship while working in the same department or section, one employee will be required to resign their employment with Westlake Academy within thirty (30)stays. • Present or future employees may not be promoted nor transferred to a position that would be in violation of this policy. Exemptions to this policy may be made by the Superintendent, to the extent allowed by law, in order to enhance the Academy's recruitment and retention efforts. Consideration of applicable exceptions must first require a clear and demonstrable separation in the chain-of-command, appraisal, discipline, and job performance accountability between employees and their immediate supervisor and/or supervising Principal. The decision of the Superintendent under this policy is final and may not be appealed. For the purposes of this policy, a relative is defined to include: First degree affinity— spouse, spouse's mother, spouse's father, spouse's son, spouse's daughter; Second degree affinity— spouse's brother, spouse's sister, spouse's grandmother, spouse's grandfather, spouse's granddaughter, spouse's grandson; First degree of consanguinity—employee's mother, father, daughter, son; Second degree of consanguinity—employee's brother, sister, grandmother, grandfather, granddaughter, grandson; Third degree of consanguinity— employee's aunt, uncle, niece, nephew, great grandmother, great grandfather, great granddaughter, great grandson. All provisions of this policy apply to relatives and/or relationships established between employees of the Town of Westlake and Westlake Academy. Resolution 11-16 Page 3 of 5 Workload and Work Schedules (recommended change from the TASB) Professional employees Professional employees and academic administrators are exempt from overtime pay and are employed on a 10-, 11-, or 12-month basis, according to the work schedules set by the Academy. A school calendar is adopted each year designating the work schedule for teachers and all school holidays. Notice of work schedules including start and end dates and scheduled holidays will be distributed each school year. Classroom teachers will have planning periods for instructional preparation and conferences. The schedule of planning periods is at least 450 minutes within each two-week period in blocks not less than 45 minutes. Teachers and librarians are allowed a duty-free lunch period of at least 30 minutes. Paraprofessional and auxiliary employees Support employees are employed at-will and will be notified of the required duty days, holidays, and hours of work for their position on an annual basis. Paraprofessional and auxiliary employees are not exempt from overtime and are not authorized to work in excess of their assigned schedule without prior approval from their supervisor. Military leave (To complywith recent changes in the Texas Labor Code, Chapter 431) Paid Leave for Military Service. Any employee who is a member of the Texas National Guard, Texas State Guard, reserve component of the United States Armed Forces, or a member of a state or federally authorized Urban Search and Rescue Team is entitled to paid leave for authorized training or duty orders. Paid military leave is limited to 15 days each federal fiscal year (October 1—September 30). In addition, an employee is entitled to use available state and local personal or sick leave during a time of active military service. Reemployment after Military Leave. Employees who leave the district to enter into the United States uniformed services or who are ordered to active duty as a member of the military force of any state (e.g., National or State Guard) may return to employment if they are honorably discharged. Employees who wish to return to the district will be reemployed provided they can be qualified to perform the required duties. To be eligible for reemployment, employees must provide notice of their obligation or intent to perform military service, provide evidence of honorable discharge or release, and submit an application for reemployment within the time specified by law to the Human Resources Department. In most cases, the length of federal_military service cannot exceed five years. Continuation of health insurance. Employees who perform service in the uniformed services may elect to continue their health plan coverage at their own cost for a period not to exceed 24 months. Employees should contact the Human Resources Office for details on eligibility, requirements, and limitations. Resolution 11-16 Page 4of5 Leaves and Absences (Following paragraph is added to the current policy, in order to address the safe harbor provisions of the Genetic Information Nondiscrimination Act regarding the inadvertent receipt of an an employee's genetic information) The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we ask that employees and health care providers do not provide any genetic information in any medical certification. 'Genetic information,' as defined by GINA, includes an individual's family medical history, the results of an individual's or family member's genetic tests, the fact that an individual or an individual's family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual's family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services. Employee arrests and convictions (Changes"drug or alcohol related offenses to include the definition of drug and alcohol related offenses included in the 19 TA 249.3 (2 7) and 249.16(b)) An employee must notify his or her principal or immediate supervisor within three calendar days of any arrest, indictment, conviction, no contest or guilty plea, or other adjudication of any felony, any offense and any of the other offenses listed below: • Crimes involving school property or funds • Crimes involving attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle any person to hold or obtain a position as an educator • Crimes that occur wholly or in part of school property or at a school-sponsored activity • Crimes involving moral turpitude Moral turpitude includes, but is not limited to, the following: • Dishonesty • Fraud • Deceit • Theft • Misrepresentation Deliberate violence • Base, vile, or depraved acts that are intended to arouse or gratify the sexual desire of the actor • Crimes involving any felony possession or conspiracy to possess, or any misdemeanor or felony transfer, sale, distribution, or conspiracy to transfer, sell, or distribute any controlled substance • Felonies involving driving while intoxicated (DWI) • Acts constituting abuse or neglect under the Texas Family Code Resolution 11-16 Page 5 of 5 SECTION 4: That this Resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 15TH DAY OF AUGUST 2011. ATTEST: Laur Wheat, President Kelly dward Board Secretary T m Afy7er, S erintend nt I--,' u APPR 17 F RM: t anto 0 or Jane . Bubert, hool A y 2