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HomeMy WebLinkAboutRes 09-13 WA Amending the Academy Personnel Mannual WESTLAKE ACADEMY RESOLUTION NO. 09-13 A RESOLUTION OF THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY, APPROVING AMENDMENTS TOT WESTLAKE ACADEMY PERSONNEL MANUAL. WHEREAS, Westlake Academy recognizes that ongoing updates to its personnel manual are necessary to ensure best practices; and, WHEREAS, the Westlake Academy desires is to provide employees with a personnel manual that reflects the goals and vision of the Town's leaders; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION I. That the Westlake Academy Board of Trustees does hereby approve the proposed policy amendments, attached as Exhibit ".9'; and its inclusion into the Westlake Academy Personnel Manual. SECTION 21. That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 3 DAY OF AUGUST 2009. ATTEST: Laura Wheat, President Kim,Sutter.TR,\4C, Town Secretary Tom Bry CEV APPROVED AS,,TD FOIZA1 Michael Dallas,-4i@_rAttorney �, 41111�rl��*41 I/ : 1 Exhibit ��" Westlake Academy Personnel Manual Updates Gifts and favors E21icj 6mp|o)eoa may not accept gifts or favors that could influence, or be construed to ioOuencc. the employee's discharge of assigned duties. The acceptance of a gift. favor, er service bvan administrator or teacher that might reasonably tend to influence tile selection of textbooks may result in prosecution of C|oam B misdemeanor offense. This does not include staff development. teacher training, or instructional materials, such as maps or worksheets, that convey information to students or contribute totile learning process. It is a serious violation of standards for any employee to use his or her position with the Academy to seek personal or professional advantages through the acceptance of gifts. gratuities, entertainment, or other favors. Vycni|ake /\oudmrny employees are prohibited from accepting anything of value on benefit, including but not limited to entertainment,travel,food.and lodging,from any one person,s%udent, parent, or entity the employee knows is interested in or likely to become interested in any contract, purchase, paymcnt, clainn, or transaction with the Academy, Gifts o/ommisal value in!­, he accepted only vvith the approval uftbm (JE[>. This provision shall not apply to gifts ur things m[value or benefit $o which the employee is lawfully entitled or when the individual is acting in a capacity other than as on Academy employee. I h\s provision also does not apply to emp\oyeem receiving g|8V of oomimal value from mtUdeutsv*hloh are inteodcdtmonovmy personu| appreciation, Participation is allowed in the activities of widely attended events, such as luncheons., dinners` hospitality rooma_ and similar gatherings for the discussion of matters of mutual interest to !hm Academy. Employees may accept expense-paid trips that are part ofthe nonnu| business activities uf the Academy, Trips taken ;y employees shall be approved in advance by the CEO. Complaints and Grievances Policy In the interest ofemployee efficiency and morale. Westlake Academy employees shall have the opportunity to discuss cump|m|nia and grievances with their employer after decisions are made which give rise to complaint mrgrievance. In order to ensure this opportunity, the following shall apply, PURPOSE - The purpose of this procedure shall hmk/ settle matters unos low am administrative level as possible, as moon as possible after tile applicable evenL, and |odiscover, whenever possible, mutually satisfactory solutions to problems which arise. COMPLAINT AND GRIEVANCE DEFlyJED- A "comp|oiot" ioan allegation that am employee's nonspecific employment conditions have been adversely affected. A "grievance" is all allegation thu1 rights or benefits specifically provided by |m*, policy, personnel rule. or previous employer action (such aaovertime pay, fringe benefit, or pay rate) has been denied ormisapplied. PROBATIONARY AND TEMPORARY EMPLOYEES - Probationary and tempooaryemp|uyoem may use this procedure. except in ouaep involving their performance evaluation or discharge. However, in cases where the employee considers performance evaluation or discharge to be improperly based upon the employee's uge^ sex, race, religion, oatlVnu} origin, or handicap Resolution 09-13 the employee shall have the right Wsuch relief pursuant to (D) below. UNLAWFUL DISCRIMINATION COMPLAINT- Any employee who feels that hewrshe has been unlawfully discriminated against in matters relating to working conditions or other conditions of employment. solely because ofthe employee's age, sex. race,religion. nu1iunu| origin, or handicap conditlon shall have the right to file an equal employment opportunity (EEO) complaint directly with the CEO. Procedure� The following procedure shall be followed in the cvcnLan employee desires to present acnmp/aint or grievance. A. TIMELY INITIATION OF- Complaints and grievances shall be filed promptly after complained nf events occur, With the exception of EEO complaints. including complaints uf sexual harassment, matters under this procedure must be presented to the employee's immediate supervisor within five (5) working days from the occurrence of the challenged action, orfrom the time the employee first became aware(or with the exercise of reasonable diligence should have become aware)of its occurrence, in order tmbeconsidered. B. PROCEDURAL STEPS - To be considered, the procedural steps listed below must be followed after the challenged action had occurred. l. All complaints and grievances other than EEO complaints shall be initially presented orally to the employee's immediate supervisor. (EEO complaints are to betaken directly to the CEO) In this first u1#p_ the complaint orgrievance mhu\| be tbmnou9h|y discussed by the parties in order that every effort can be made to resolve the matter to the mutuul satisfaction of employee and supervisor. Should this inhmnma| first step be considered unsatisfactory, the employee ohdi have the right tothen file afhnuo| written oonup|nin1 or grievance as set out in the aeommd step to this procedure, in B 2 below. 2. }f the oral presentation um provided for in the first step fails to resolve the matter, the employee shall have the right, within five (5) working days after the discussion with the immediate supervisor, to file u 6mnnu| written complaint or grievance with the employee's supervisor o/Head ofSection. In presenting the written complaint o,grievance the following information must be stated within reasonable clarity: � the nature uf the matter � the act mr acts mf commission or omission out of which the dispute arose • the exact date (if uncertain,the approximate date) of the act mr acts of commission uromission • the identity of the employee who claims tuhcharmed • the identity uf the party o,parties alleged tmhave caused the problem • the remedy which is sought. Within five(5) working days of receipt of the written complaint orgrievance.the supervisor or Section Head shall meet with the employee and the employee's immediate supervisor to discuss the mutter. In the effort to resolve the nunmcr, the complaint or grievance at this step mhn|\ be thoroughly discussed by all parties involved. The decision by the supervisor or Section Head, whether reached during Resolution 09-13 this discussion or afterward. shall be presented in writing to the employee within five (5) working days after the meeting. (i) Complaints Only- Complaints shall not be submitted to any further appeal under this procedure beyond this step. However, the written record of each complaint submitted under this procedure shall be submitted to the CEO for review. The CEO reserves the ri-ht to consider any complaint submitted. (ii)Grievance batters OnIV. Should the decision of the supervisor or Section Head be unsatisfactory to the aggrieved employee, the employee may, within five(5) working days after receipt of the decision, appeal the decision to the CEO as set out below. 1 Appeal to the CEO. Within ten (10) working days of the receipt of a request for a hearing under B 2 (ii) above. the CEO shall notify the aggrieved employee and the employee's department head as to whether or not the request shall be granted. Should the CEO decide not to hear the grievance on appeal, the decision of the supervisor or Section Head shall be final. Should the CEO agree to hear the grievance on appeal, the CEO shall schedule a meeting with all parties to discuss the grievance. The decision of the CEO, whether reached during the meeting or afterward, shall be presented in writing to each of the involved parties within ten(10)working days of the meeting. The decision of the CEO shall be final. C. COMPLAINT OR GRIEVANCE AGAINST SUPERVISORS OR SECTION HEADS- In the event that an employee's immediate supervisor is the employee's supervisor or Section Head- the written complaint or grievance as set out in B 2 above may be presented directly to the CEO. D. FAILURE TO FOLLOW PROCEDURES- Failure of an employee to follow the procedures set out above, or failure to appear at a hearing, shall result in the loss of further appeal rights by the employee. Provided, however. that the time limits as specified under these procedures may be extended by mutual agreement of the complainant/aggrieved employee and the CEO. E. WORKING DAYS DEFINED - Working days under this procedure shall be defined as the scheduled workdays of the cornplainant/aggrieved employee through step B 2. Working days at step B 3 shall be defined as the normal work days scheduled for the CM F. INAPPLICABILITY- This procedure does not apply to any position filled directly by the Board of Trustees. G. FREEDOM FROM REPRISAL- Employees wishing to file a complaint or grievance under this procedure shall be assured of freedom from restraint, interference, or reprisal from their supervisors or other employees. H. EFFECT OF PROCEDURE -The existence of and access to this procedure shall not constitute any limitation on the rights of the Westlake Academy to Manage its affairs. All employees hold their positions at the will and pleasure of the Academy and such positions may be terminated or otherwise adversely affected with or without cause. Resolution 09-13 1. CONSTITUTIONAL RIGHTS OF EMPLOYEES—Although the CEO is the final level of authority in the grievance process. this policy does not affect, infringe, inhibit, or deny any employee's rights, if any, to have their complaints or concerns heard by the Board of Trustees. Resolution 09-13