GRAND COUNTY SCHOOL DISTRICT

4151 B - PERSONNEL - RESIGNATION

All employees should recognize that they have an obligation to the District and their fellow employees to inform the District when they are seeking employment elsewhere. He or she must also notify the District immediately upon accepting employment elsewhere.

Notices must be dated and delivered in the Office of the Superintendent not less than thirty (30) days before the date requested for termination.

1. Teachers desiring to resign before the completion of a contractual year must make formal request for termination by letter to the Board of Education stating in full their reasons for making the request. Such requests will be considered individually and acceptance of a resignation will be only upon the merits and validity of the reasons and upon the recommendation of the Superintendent.
   
2. Teachers who for any reason intend not to return for the following school year are encouraged to indicate their plans to the Superintendent as early in the school year as the teacher's plans become firm. Resignations become effective at the end of the school year in which they are submitted.
   
3. If the Grand County School District determines that a certified employee has deliberately concealed the fact that he/she has accepted employment elsewhere, the District with the support of GEA will:

A.    Impose a $200.00 fine for each 15 day period that the District was not notified of the teacher's commitment to leave, and;

B.    Use the money which is recovered to compensate the teacher(s) who may be inconvenienced by having to accept new or additional assignments.

Adopted: 8-18-93; Revised 09-12-00 * Grand County School District * Moab, Utah
 

4152 B - PERSONNEL - RETIREMENT

Employees may retire from the Grand County School District and qualify for a monthly retirement if they are: age 65 with 4 years of service age 62 with 10 years of service age 60 with 20 years of service any age with 25 years of service with full actuarial age reduction any age with 30 years of service

While mandatory retirement because of age cannot be applied uniformly, age may be considered in assignment and continual employment in specific positions where age is or may be considered a limiting factor.

INSURANCE BENEFITS FOR RETIREES

1. Health and life insurances:

 A. The Board shall pay the premium for group health and life insurance benefits for full-time employees (7-8 hours per day).

B. Employees who work fewer than 4 hours per day are not eligible for insurance benefits.

C. The duration of the benefits following retirement will be based on total years of full-time service in Grand County School District. Years of service will be calculated on full-time equivalents, e.g., 2 years of half-time service equal 1 year of full-time service.

D. Beginning at the date of retirement insurance benefits shall be maintained according to the schedule below. The effective date of health retirement schedule is the first day of the month following the retirement date.

                    Equivalent Full-time Years                 Insurance Coverage

                                    10                                         3 years (36 months)
                                    20                                         4 years (48 months)
                                    25                                         5 years (60 months)
                                    30                                         6 years (72 months)
                                    35                                         7 years (84 months)

E. Benefits for part-time licensed persons (fewer than 7-8 hours per day) shall be based on full-time equivalent (FTE) years of service determined by the hours worked per day times the years of service divided by 8. 

Example: Licensed personnel worked 4.5 hours per day for 15 years, 6 hours per day for 5 years, and 7 hours per day for 5 years: (4.5 x 15 = 67.5) + (6.0 x 5 = 30.0) + (7.0 x 5 = 35.0) = 132.5 ÷ by 8 = 16.56 FTE years

Note: Partial years are not rounded.

F. Employees who retire at the end of the contract year shall be covered under their regular contract insurance plan through August 31^st. Retirement insurance benefits shall commence on September 1^st and continue for the number of years indicated by schedule in item D above.

2. District insurance benefits for retirees covered under Medicare:

A. Three months before the licensed retiree becomes age 65 and eligible for Medicare coverage, the retiree will notify the District Office and arrangements will be made to transfer the retiree's insurance benefits from current insurance to Medicare. At that point, the District will no longer provide insurance coverage for the retiree.

B. Dependents will be offered the opportunity to purchase COBRA at the time of group coverage loss.

3. Continuing insurance benefits after eligibility has expired:

A. Retirees who are not eligible for Medicare and who have exhausted their District insurance benefits may purchase insurance through the District's group insurance program as follows:

                I.    The retiree will pay 100% of the premium;

                II.   Dependents will be offered COBRA at the time of group coverage loss.

4. All district insurance benefits terminate at the time of the retiree's death.

Adopted: 8-18-93; Revised: 10-18-95; Revised: 8-08-96; Revised 9-18-02 * Grand County School District * Moab, Utah
 

4152 - B - (A) - PERSONNEL - RETIREMENT - SERVICE CREDIT PURCHASE

The Board, in order to provide an incentive for early retirement of employees who may desire to retire before attaining 30 years of service, hereby adopts the following early retirement incentive policy effective April 17, 1996. The Board intends by adopting this policy to entirely supersede any prior early retirement policy and to provide a non-discriminatory policy which complies with the requirements of the Older Workers Benefit Act, and Section 49-1-407 of the Utah Code Annotated 1953.

1. Any employee who has at least 25 years of school service with 20 years in the Grand County School District and who desires to retire early shall be entitled to the District's purchasing up to two (2) years of retirement credit. As stated under Section 49-3-410(2)(b) the number of years of retirement service credit purchased may not exceed the number of years required by the member to retire with no actuarial reduction; (c) the purchase of retirement service credit must allow the member to meet the retirement eligibility requirements of this system with no actuarial reduction; (d) the member must retire effective immediately after the purchase of retirement service credit is made; (e) the member shall pay at least 5% of the cost of the purchase.
   
2. Retirement years will be purchased from the Utah State Retirement System.
   
3. Eligibility under this program is not restricted by age but solely by years of service.
   
4. Since the District has limited financial means only the first three (3) applicants each year will be able to participate in this program.
   
5. Applications for the program will be accepted between March 1, and April 20, each year.
   
6. Any teacher that has been placed on probation or notified of suspension, termination or non-renewal of contract is not eligible for the Early Retirement Incentive Program.

Approval of an application for early retirement is within the sole discretion of the Board of Education and may be denied for all applicants in a particular year based upon the needs of the School District.

Adopted: 4-17-96 * GRAND COUNTY SCHOOL DISTRICT * Moab, Utah
 

4153 B - PERSONNEL - REDUCTION IN FORCE

Nothing in this procedure shall be construed to preclude staff reduction when necessary to decrease the number of teachers:

1. because of decreased student enrollment in the district;
   
2. because of the discontinuance of a particular service;
   
3. because of the shortage of anticipated revenue after the budget has been adopted; or
   
4. because of school consolidations.

Notification to the Association

1. If it is necessary for the Board to reduce the number of licensed employees, the GEUMS will be notified of the possible reduction in educators at least fifteen (15) days prior to any final decision made by the Board to reduce staff.
   
2. Prior to any final action to reduce the number of licensed employees, the Superintendent will meet with the executive board of the GEUMS to discuss the reasons necessitating the reduction and to consider alternatives to reducing employment. This information is confidential and shall remain within the confines of the executive board.
   
3. Prior to any action by the Board to reduce the number of licensed employees, GEUMS will have the right to propose alternatives to the reduction of educators. GEUMS understands these suggestions are not binding to the Board.

1. If the Board decides to reduce the number of licensed employees, it will determine the services and functions, which are to be reduced or eliminated. Educators will be grouped according to work assignments, i.e. (special education, elementary, high school, etc.) by the Superintendent.
   
2. The Board will determine the number of licensed employees to be terminated within each group.
   
3. Educators will be terminated in the reverse order of their seniority of employment with the District until the number of licensed employees set by the Board has been achieved.
   
4. No licensed employee who has seniority within a group may be terminated if persons within that group with less seniority remain employed. If a particular program is discontinued the licensed employee(s) may request another assignment providing he/she is not a provisional teacher and holds proper certification for the position requested.
   
5. Seniority means total number of years, months, weeks and days a licensed employee has been employed by the Grand County Board of Education. If two or more employees have the same seniority according to length of employment, the principal will make the selection according to school needs.
   
6. Licensed employees whose services have been satisfactory shall be given a written recommendation upon request, explaining the conditions under which the release took place.

4154 B - PERSONNEL - ORDERLY TERMINATION PROCEDURE

Decisions to not re-employ licensed personnel for a new school term will be made by the Board of Education upon recommendation of the Superintendent.

As used in this policy:

1. "Contract term" or "term of employment" means the period of time an educator is engaged by the School District pursuant to a contract of employment whether oral or written.
   
2. "Dismissal" or "termination" means:

A. any termination of the status of employment of an educator.

B. failure to renew the employment contract of an educator who pursuant to the employment practices of the School District has a reasonable expectation of continued employment in successive years.

C. reduction in salary of an educator not generally applied to all educators of the same category in the employ of the School District during such educator's contract term.

D. change of assignment of an educator with an accompanying reduction in pay, unless such assignment change and salary reduction is agreed to in writing.

3.  "Educator" or "teacher" means all teaching and professional personnel of the school district who hold positions requiring certification and valid certificates issued to them by the State Board of Education.

Every educator who is on continuing contract status is entitled to the right of a fair hearing concerning his/her employment status or after receiving notice of intent not to re-employ. A request for such hearing must be made in writing to the Superintendent within fifteen (15) days of said notice. The Board of Education or its hearing examiners will within fifteen (15) days after due notice and on demand of the educator meet to conduct a hearing.

If the District intends not to renew the contract of employment of an individual entitled to employment in succeeding years according to district personnel program, notice of such intention shall be given the individual. Said notice shall be issued at least two months before the end of the contract term of the individual, e.g., the school year. The notice in writing shall be served by personal delivery or by certified mail addressed to the individuals last known address. The notice shall be dated and contain a clear and concise statement that the individual's contract will not be renewed for an ensuing term and the reasons for the termination.

In the absence of timely notice, an employee is deemed to be re-employed for the succeeding contract term with a salary based upon the salary schedule.

This provision shall not be construed to preclude the dismissal of an employee during his contract term for cause.

At least one month prior to issuing notice of intent not to renew the contract of the individual, he/she shall be informed in writing of the fact that continued employment is in question and the reasons therefore and given an opportunity to correct the defects which precipitated possible non-renewal. The individual may be granted assistance in his/her efforts to make correction of the deficiencies which that may include informal conferences and the services of applicable school personnel within the district.

A written statement of causes:

1. Pursuant to which the contract of individuals may not be renewed;
   
2. Pursuant to which the contract of individuals may be otherwise terminated during the contract term.

In cases where the District intends to terminate an individual's contract during his/her contract term, the District shall give written notice of such intent to said individual. Said notice shall be given in writing served by personal delivery or by certified mail addressed to the individual's last known address. Said notice shall be given at least fifteen (15) days prior to the proposed date of termination. It shall state the date of termination and the detailed reasons for such termination.

Notices of intention not to renew the contract of employment of an individual or of intention to terminate his/her contract during its term shall advise the individual that he/she may request an informal conference before the Board or such personnel as the district may designate. Request for such hearing shall be made in writing to the Superintendent not later than fifteen (15) days after the date of said notice has been issued to the individual.

This orderly dismissal procedure pursuant to which a contract is terminated during its term hereby includes the provision that the active service of the individual may be suspended pending a hearing when it appears that the continued employment of the individual may be harmful to students or to the District. Individuals involved in this type of action shall receive a written notice of suspension or final termination including findings of fact made by the Board when such suspension or termination is for cause.

At all hearings, after due notice and on demand of the educator, he/she may be represented by counsel, produce witnesses, hear the testimony against him/her, cross examine witnesses and examine documentary evidence.

In the best interest of the District or the individual concerned, the Board of Education is authorized to appoint hearing examiners, and may delegate or may enter into contracts with the hearing examiners whereby said hearing examiners may make decisions relating to the employment of the educator. This shall not be construed to limit the right of either the Board or educator to appeal to an appropriate court of law.

The Board of Education of this district is authorized and empowered to appoint hearing examiners if it appears to be in the best interest of the District or individual concerned and may delegate to such hearing examiners or may enter into contracts whereby said hearing examiners may make decisions relating to the employment of the educator which shall not be construed to limit the right of either the Board or educator to appeal to an appropriate court of law.

Adopted: 8-18-93; Revised: 8-08-96 * Grand County School District * Moab, Utah
 

4155 B - PERSONNEL - GROUNDS FOR DISMISSAL

Any employee may be dismissed for good cause before the completion of the term fixed in the contract. The following list of actions may result in dismissal:

1. deficiencies pointed out as part of the appraisal or evaluation process or any other communications.
   
2. failure to fulfill duties or responsibilities.
   
3. incompetence or inefficiency in the performance of required or assigned duties.
   
4. inability to maintain discipline in the classroom.
   
5. insubordination or failure to comply with official directives.
   
6. neglect of duties.
   
7. conducting personal business during school hours.
   
8. public drunkenness or excessive use of alcoholic beverages; illegal use of drugs, hallucinogens, or other controlled substances.
   
9. the possession, use, or being under the influence of alcohol, alcoholic beverages, or controlled substances while on school property, working in the scope of the employee's duties, or attending any school sponsored activity.
   
10. behavior or conduct which the Board determines is not in conformity with the accepted standards of the community encompassed by the District.
    
11. failure to maintain an effective working relationship, or maintain good rapport, with parents, the community, or colleagues.
    
12. assault on a district employee or student.
    
13. falsification of records or other documents related to the district's activities.
    
14. misrepresentation of facts to a supervisor or other district official in the conduct of District business.
    
15. failure to fulfill or maintain requirements for certification.

Notice

Before any employee is dismissed, the employee shall be given reasonable notice in writing of the proposed action and the grounds, set out in sufficient detail to fairly enable him to show any error that may exist. This is to occur no less than thirty (30) days prior to the proposed date of termination. The employee shall be advised of the names of adverse witnesses and the nature of their testimony. The employee will be notified at that time of his/her right to a hearing and will receive a notification form that announces his/her desire for a hearing.

Hearing

If the employee desires a hearing, the employee shall notify the Board in writing within ten (10) days of receiving the notice of anticipated termination or non-renewal. Upon such request, the Board or its designee shall within ten (10) days hold a hearing at which the employee shall be given a fair opportunity to refute the reasons given for the anticipated termination or non-renewal. The Board or its designee may, but is not required to, modify its decision with respect to the status of the employee's contract.

The Board shall conduct the hearing in closed session unless the employee requests a public hearing, in which case the hearing shall be open to the public.

At the hearing before the Board, the employee may employ counsel. If the employee retains counsel the Board shall be notified at least five (5) days before the hearing so that they also may have counsel present. The employee also has the right to hear the evidence upon which the charges are based, to cross-examine all adverse witnesses, and to present evidence of innocence or extenuating circumstances. Prior to dismissal, the Board shall determine the existence of good cause for termination. Such determination shall be based solely on the evidence presented in the hearing. The Board shall notify the employee of its decision in writing within ten (10) days after the hearing.

Suspension

The employee may be suspended with or without pay pending the outcome of the dismissal hearing.

PROVISIONAL EMPLOYEES

Persons employed by the district less than two (2) consecutive years are provisional employees without expectation of continued employment beyond the end of the current contract term. A provisional employee is not employed for a succeeding contract term unless otherwise notified in writing by the Board of Education or its authorized agent. Not having an expectation of continued employment in a subsequent contract term, a provisional employee does not have a right to a hearing before the Board to complain or the failure of the Board to offer a subsequent contract.

Adopted: 8-18-93; Revised 09-12-00; Revised 11-14-07 * Grand County School District * Moab, Utah
 

4156 B - PERSONNEL - RECALL

Following a reduction in force caused by decreased student enrollment, the discontinuance of a particular service, shortage of anticipated revenue after the budget has been adopted, or because of school consolidations, should sufficient funds become available the following procedures for recall will be followed:

1. Continuing contract licensed employees affected by the reduction in force will be recalled in order of total District seniority before provisional contract educators. Licensed employees will be placed in available positions for which they are certified and qualified, and which are equivalent to the position(s) they held prior to the reduction in force. This will not restrict the District from filling vacancies that exist for which no educator affected by the reduction in force qualifies under stated criteria.
   
2. If a licensed employee is terminated through reduction in force and then rehired during the same contract year, the employee's salary step and lane placement will remain unchanged. If the terminated educator is rehired during a subsequent year, salary placement will move up one step in the same lane.
   
3. Refusal by the licensed employee(s) to accept the first offering within ten (10) working days of official notice of opening for which he/she is qualified, relieves the Board of any further responsibility to that employee. Allowance will be made for appropriate notice to a current employer as required by the employee(s) current contract, if employed elsewhere, not to exceed thirty (30) calendar days.7. If no equivalent position for which he/she holds proper certification should occur within Grand County School District during the ensuing three (3) years, the Board will be relieved of any further recall responsibility to that teacher.

Adopted: 8-08-96 * Grand County School District * Moab, Utah