Common use of Public Complaints Clause in Contracts

Public Complaints. Revised effective, July 1, 2008 A. No negative and/or unsatisfactory evaluation, discipline, dismissal, or other adverse action shall be predicated upon complaints, information or material of a derogatory or critical nature which has been received by the District from pupils, parents, District employees, public agency, and/or the public unless the following procedures have been followed: 1. Any public complaint about a unit member shall be reported to the unit member by the administrator receiving the complaint, within five (5) working days of receipt. The complainant shall be encouraged to resolve concerns through verbal communication with the unit member or the unit member's immediate supervisor. Every effort shall be made by the supervisor to refer the complainant to the unit member first. However, nothing in this section is intended to preclude the administrator from addressing complaints without notifying the unit member provided that such complaints are not later referenced by the administrator or used adversely against the unit member. 2. The unit member may request, or the administrator shall attempt to convene, a meeting among the unit member, the complaining party, and the administrator in order to attempt to resolve the problem. At the request of the unit member, Association representative(s) may be present at the meeting. If the complainant refuses to attend the meeting, the complaint shall neither be placed in the unit member's personnel file nor utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member. 3. If the matter is not resolved at the meeting to the satisfaction of the complainant, the complainant may submit the complaint in writing. The original copy shall be given to the unit member with a copy to the unit member's immediate supervisor. The unit member shall be given time during the duty day, without salary deduction, to review the complaint and prepare responsive comments. If no written complaint is received, the matter shall be dropped. 4. Complaints which are withdrawn or shown to be false, shall neither be placed in the unit member's personnel file nor utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member. 5. Complaints that are found to be substantive may result in some follow up action by the immediate supervisor, even if resolved. All information or proceedings regarding any complaint shall be kept confidential.

Public Complaints. Revised effectiveA. This Article shall govern public complaints about unit members including complaints made by parents, July 1guardians, 2008members of the public, other certificated bargaining unit members, and pupils. A. No negative and/or unsatisfactory evaluationB. The District shall encourage parents, disciplineguardians, dismissalmembers of the public, or and other adverse action certificated bargaining unit members to resolve concerns through personal discussions with unit members before filing formal written complaints. If the complainant requests a meeting, the unit member and complainant shall be predicated upon complaints, information or material meet at a mutually convenient time. C. Within five (5) duty days of learning of a derogatory verbal or critical nature which has been received by written complaint, the District from pupils, parents, District employees, public agency, and/or site administrator/supervisor shall notify the unit member against whom the complaint is lodged. Where such time as the public unless complaint is submitted before a break (fall/spring/summer), the following procedures have been followedfive (5) duty days shall toll during the break period. The supervisor shall make an effort to resolve such concerns and complaints immediately. Resolution of verbal or written concerns or complaints shall include notification to the unit member that indicates: 1. Any The concern or complaint was without merit and dropped; or 2. The concern or complaint had merit and was resolved; or 3. Further action may be taken pursuant to this or other appropriate articles of this Agreement. If steps under Section 24, C are not followed in regards to verbal or written concerns or complaints, these concerns or complaints shall not be used in evaluation or Disciplinary Action, as defined in Article 20. D. Should the site administrator/supervisor or involved unit member conclude that the allegations in the public complaint about warrant a meeting (and a meeting has not already occurred under 24.B.), the immediate supervisor shall attempt to schedule a meeting between the unit member and the complainant at a mutually convenient time. If necessary, a language interpreter agreed upon by the unit member and the complainant will also be allowed to attend the meeting. In the event the immediate supervisor or any other administrator presides over the meeting, the unit member shall be reported have the right to attend the meeting with a representative of the bargaining unit present. If the unit member by chooses to exercise this right, he or she shall notify the administrator receiving the complaint, within five (5) working days administrator/ immediate supervisor of receipt. The complainant shall be encouraged to resolve concerns through verbal communication with the unit member or the unit member's immediate supervisorintention to attend the meeting with the representative present. Every effort shall be made by the supervisor to refer the complainant to Where the unit member first. Howeverreasonably believes that the meeting will result in disciplinary action, nothing in this section is intended the representative may be present to preclude assist the administrator from addressing complaints without notifying employee; however, the District has the discretion to require the unit member to provide his or her own account of the events giving rise to the public complaint. E. Should the unit member decline to engage in a meeting under section D of this Article, the unit member shall inform the site administrator/supervisor in writing within 24 hours of the request for such a meeting. Declining to meet with the complainant shall not be a presumption of guilt nor innocence to the allegations. F. If the bargaining unit member against whom the concern or complaint was lodged requests a response in writing, a response shall be provided that at the conclusion of the investigation. Where such concerns or complaints are not later referenced by the administrator or used adversely against the unit member. 2. The unit member may request, or the administrator shall attempt to convene, a meeting among the unit member, the complaining party, and the administrator in order to attempt to resolve the problem. At the request resolved within ten (10) duty days after notification of the unit member, Association representative(ssuch concerns or complaints shall be either dropped or the procedures below shall be invoked. 1. Within thirty (30) may be present at duty days after the meeting. If the complainant refuses to attend the meetingcomplaint surfaced, the complaint administrator/immediate supervisor shall neither be placed in present a full report regarding the investigation, including copies of all statements and other relevant documents, to the unit member's personnel file nor utilized in any evaluation, assignment, Superintendent or his/her designee. Where disciplinary or dismissal action will be taken against the unit member, a copy of the report and all statements and documents upon which the disciplinary action relies shall be provided to the unit member prior to the implementation of any disciplinary action. 2. A bargaining unit member has the right to a conference with the immediate supervisor to discuss the resolution of any complaint filed under this article. 3. If The Superintendent or his/her designee shall make the matter is not resolved at the meeting determination as to the satisfaction disposition of the complainantmatter, as soon as is reasonably possible and in no event later than ten (10) duty days after the complainant may submit receipt of the complaint in writingreport. The original copy complainant shall then be given informed of the disposition of the matter. 4. If all steps under 24. F are not followed in regards to verbal or written concerns or complaints, then these concerns or complaints shall not be used in evaluation or Disciplinary action, as defined in Article 20. 5. Materials may not be placed in a unit member’s personnel file without the unit member with first receiving a copy of the material. The unit member shall have the right to attach a statement to any material that is placed in the file. This does not preclude the unit member from filing a grievance regarding this matter under Article 7, Grievance Procedure, of this Agreement. G. The unit member shall have the right to enter and have attached to the unit member's immediate supervisorcomplaint his or her own comments thereon. The unit member shall be given time during the duty day, without salary deduction, permitted to review the complaint during normal business hours, and prepare responsive comments. If no written complaint is received, the matter unit member shall be droppedreleased from duty for that purpose without salary reduction. 4. Complaints which are withdrawn or shown to be false, shall neither be placed in the unit member's personnel file nor utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member. 5. Complaints that are found to be substantive may result in some follow up action by the immediate supervisor, even if resolved. H. All information or proceedings regarding any complaint shall be kept confidentialconfidential as required by law. I. This Article is inapplicable to any complaint that involves alleged civil or criminal misconduct, is subject to investigation by law enforcement or other governmental agency, or involves allegations related to sexual harassment and/or discrimination.

Public Complaints. Revised effectiveA. The parties to this agreement agree that the most beneficial method to resolve public complaints is through face-to-face conferences at the building level. Conventional contacts between bargaining unit members, July 1, 2008 A. No negative and/or unsatisfactory evaluation, discipline, dismissal, or other adverse action shall be predicated upon complaints, information or material of a derogatory or critical nature which has been received by the District from pupils, parents, District employees, public agency, and/or the public unless the following procedures have been followed:principal and other persons involved will be utilized in resolving complaints. 1. Any B. A public complaint about shall be defined as a complaint received in writing on a form provided by the Board. All public complaints shall be the responsibility of the building administrator. Complaints may be investigated by the appropriate building administrator, at his/her discretion, however all complaints, whether investigated or not, will be presented to the bargaining unit member shall involved with a written description of the alleged problem and the administrator's proposed resolution, as appropriate, on the form provided, including the name of the person(s) making a complaint. Complaints and resolution thereof will be reported to discussed with the involved bargaining unit member by the administrator receiving the complaint, within five (5) working school days of receiptreceipt of the complaint by the principal or other administrator. A bargaining unit member at his/her discretion may have another bargaining unit member present at the discussion. C. The complainant shall be encouraged to resolve concerns through verbal communication building administrator and bargaining unit member will make an investigation of the alleged problem and arrange, if necessary, a conference with the unit member or the unit member's immediate supervisor. Every effort shall be made by the supervisor to refer the complainant to the unit member first. However, nothing in this section is intended to preclude the administrator from addressing complaints without notifying the unit member provided that such complaints are not later referenced by the administrator or used adversely against the unit member. 2. The unit member may request, or the administrator shall attempt to convene, a meeting among the bargaining unit member, the complaining party, principal and the administrator in order to attempt complainant(s) to resolve the problem. At the request of the unit member, Association representative(s) may be present at the meeting. issue. D. If the complainant refuses to attend the meeting, the complaint shall neither be placed in the unit member's personnel file nor utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member. 3. If the matter issue is not resolved at the meeting to the satisfaction of the complainantparties involved, the complainant may submit alleged problem will be referred to the superintendent for further investigation and a conference with said parties will be held within five (5) school days. E. In like manner, the issue, if not resolved, will be referred to the Board of Education and the complaint will be heard in writingexecutive session. The original copy shall be given to Board at its next regular meeting, or not later than thirty (30) days from the unit member submission of the complaint, will conduct a conference with a copy to the unit member's immediate supervisor. The said parties. F. No bargaining unit member shall be given time during issued a written reprimand nor other personnel action be taken as a result of a public complaint until the duty day, without salary deduction, to review exhaustion of the complaint and prepare responsive comments. If no written complaint is received, the matter shall be droppedprocedure set forth above. 4. Complaints which are withdrawn or shown to be false, shall neither be placed in the unit member's personnel file nor utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member. 5. Complaints that are found to be substantive may result in some follow up action by the immediate supervisor, even if resolved. All information or proceedings regarding any complaint shall be kept confidential.

Public Complaints. Revised effectiveA. The parties to this agreement agree that the most beneficial method to resolve public complaints is through face to face conferences at the building level. Conventional contacts between bargaining unit members, July 1, 2008 A. No negative and/or unsatisfactory evaluation, discipline, dismissal, or other adverse action shall be predicated upon complaints, information or material of a derogatory or critical nature which has been received by the District from pupils, parents, District employees, public agency, and/or the public unless the following procedures have been followed:principal and other persons involved will be utilized in resolving complaints. 1. Any B. A public complaint about shall be defined as a complaint received in writing on a form provided by the Board. All public complaints shall be the responsibility of the building administrator. Complaints may be investigated by the appropriate building administrator, at his/her discretion, however all complaints, whether investigated or not, will be presented to the bargaining unit member shall involved with a written description of the alleged problem and the administrator's proposed resolution, as appropriate, on the form provided, including the name of the person(s) making a complaint. Complaints and resolution thereof will be reported to discussed with the involved bargaining unit member by the administrator receiving the complaint, within five (5) working school days of receiptreceipt of the complaint by the principal or other administrator. A bargaining unit member at his/her discretion may have another bargaining unit member present at the discussion. C. The complainant shall be encouraged to resolve concerns through verbal communication building administrator and bargaining unit member will make an investigation of the alleged problem and arrange, if necessary, a conference with the unit member or the unit member's immediate supervisor. Every effort shall be made by the supervisor to refer the complainant to the unit member first. However, nothing in this section is intended to preclude the administrator from addressing complaints without notifying the unit member provided that such complaints are not later referenced by the administrator or used adversely against the unit member. 2. The unit member may request, or the administrator shall attempt to convene, a meeting among the bargaining unit member, the complaining party, principal and the administrator in order to attempt complainant(s) to resolve the problem. At the request of the unit member, Association representative(s) may be present at the meeting. issue. D. If the complainant refuses to attend the meeting, the complaint shall neither be placed in the unit member's personnel file nor utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member. 3. If the matter issue is not resolved at the meeting to the satisfaction of the complainantparties involved, the complainant may submit alleged problem will be referred to the superintendent for further investigation and a conference with said parties will be held within five (5) school days. E. In like manner, the issue, if not resolved, will be referred to the Board of Education and the complaint will be heard in writingexecutive session. The original copy shall be given to Board at its next regular meeting, or not later than thirty (30) days from the unit member submission of the complaint, will conduct a conference with a copy to the unit member's immediate supervisor. The said parties. F. No bargaining unit member shall be given time during issued a written reprimand nor other personnel action be taken as a result of a public complaint until the duty day, without salary deduction, to review exhaustion of the complaint and prepare responsive comments. If no written complaint is received, the matter shall be droppedprocedure set forth above. 4. Complaints which are withdrawn or shown to be false, shall neither be placed in the unit member's personnel file nor utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member. 5. Complaints that are found to be substantive may result in some follow up action by the immediate supervisor, even if resolved. All information or proceedings regarding any complaint shall be kept confidential.

Public Complaints. Revised effective30.1 The Board of Education recognizes the integrity and professionalism of its employees and desires to support their actions in such a manner that employees are freed from unnecessary, July 1, 2008 A. No negative and/or unsatisfactory evaluation, discipline, dismissalspiteful, or other adverse action negative criticism and complaints. 30.2 Every effort should be made to resolve complaints concerning school district employees at the earliest possible stage in accordance with the following procedures: 30.2.1 Complaints concerning District personnel should, whenever possible, be made by the complainant directly to the employee against whom the complaint is lodged. 30.2.2 Complaints not resolved at the informal level, above, shall be predicated directed by the complainant to the employee’s administrative supervisor. 30.2.2.1 Any complaint regarding an employee’s job performance which may affect the employee’s evaluation shall be discussed with the employee as soon as possible. 30.2.2.2 Should the administrator or involved employee deem it appropriate, a meeting shall be requested with the complainant, employee, and administrator to review the stated concern. Such meeting shall be held at a reasonable time (within the employee workday) and place mutually agreed upon complaintsby the parties. Adequate notice of complaint involved and the nature of the complaint shall be given to the employee(s) prior to the meeting. 30.2.2.3 If informal discussion between the administrator and complainant fails to bring about resolution of the complaint, information or material the complainant shall be requested to state the complaint in writing. Such written complaint shall be discussed with the involved employee. Failure of a derogatory or critical nature which has been received the complainant to state the complaint in writing shall be deemed by the District from pupils, parents, District employees, public agency, and/or to be withdrawal of the public unless complaint. 30.2.2.4 The administrative supervisor shall appropriately review and analyze the following procedures have been followed: 1. Any public written complaint about a unit member shall be reported and submit resolution strategies to the unit member by the administrator receiving complainant and involved employee. 30.2.3 If the complaint, within after review by the administrative supervisor, remains unresolved, the supervisor shall refer the written complaint, together with the supervisor's report and analysis of the situation, to the Superintendent/ designee. The resolution decision of the Superintendent/designee shall be final, unless appealed to the Board of Education. 30.2.4 The Board of Education is not required to consider the appeal. In the event the Board of Education chooses to consider the appeal, no hearing will be held on any complaint unless and until the Board has received the Superintendent’s written report concerning the complaint. The Superintendent’s report shall contain, but not be limited to, the following: 30.2.4.1 The name of each employee involved. 30.2.4.2 A brief but specific summary of the nature of the complaint and the facts surrounding it sufficient to inform the Governing Board and the employee(s) as to the precise nature of the complaint and to allow the employee(s) to prepare a defense. 30.2.4.3 A true copy of the signed original of the complaint itself. 30.2.4.4 A summary of the action taken by the Superintendent in connection with the complaint, with the Superintendent’s specific finding that disposition of the case at the Superintendent’s level has not been possible, and the reasons therefore. 30.2.4.5 The written report of the Superintendent shall be provided to the employee(s) involved at least five (5) working days prior to any hearing held by the Board of receipt. The complainant Education on such complaint. 30.2.5 At the Board’s discretion, all parties involved, including the school administration, shall be encouraged requested to resolve concerns through verbal communication attend such a hearing, for the purposes of presentation of all available evidence, allowing every opportunity for explanation, and for clarifying the issue. 30.2.6 The decision of the Board of Education following the hearing shall be final. Any action of the Board of Education shall not be inconsistent with the unit member terms of the Agreement. 30.3 Information received from undisclosed or anonymous complainants shall not adversely affect the unit member's immediate supervisor. Every effort performance evaluation of any school district employee and shall be made by not become part of the supervisor to refer the complainant to the unit member first. However, nothing in this section is intended to preclude the administrator from addressing complaints without notifying the unit member provided that such complaints are not later referenced by the administrator or used adversely against permanent record of the unit member. 2. The unit member may request, 30.4 Any involved employee shall be afforded the full right to representation at all stages of this procedure. 30.5 Only a failure to follow the specific steps or procedures contained in the administrator shall attempt to convene, Article can be subject upon which a meeting among the unit member, the complaining party, and the administrator in order to attempt to resolve the problem. At the request of the unit member, Association representative(s) grievance may be present at the meeting. If the complainant refuses to attend the meeting, the complaint shall neither be placed in the unit member's personnel file nor utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit memberfiled. 3. If the matter is not resolved at the meeting to the satisfaction of the complainant, the complainant may submit the complaint in writing. The original copy shall be given to the unit member with a copy to the unit member's immediate supervisor. The unit member shall be given time during the duty day, without salary deduction, to review the complaint and prepare responsive comments. If no written complaint is received, the matter shall be dropped. 4. Complaints which are withdrawn or shown to be false, shall neither be placed in the unit member's personnel file nor utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member. 5. Complaints that are found to be substantive may result in some follow up action by the immediate supervisor, even if resolved. All information or proceedings regarding any complaint shall be kept confidential.

Public Complaints. Revised effectiveA. The parties to this agreement agree that the most beneficial method to resolve public complaints is through face to face conferences at the building level. Conventional contacts between bargaining unit members, July 1, 2008 A. No negative and/or unsatisfactory evaluation, discipline, dismissal, or other adverse action shall be predicated upon complaints, information or material of a derogatory or critical nature which has been received by the District from pupils, parents, District employees, public agency, and/or the public unless the following procedures have been followed:principal and other persons involved will be utilized in resolving complaints. 1▇. Any A public complaint about shall be defined as a complaint received in writing on a form provided by the Board. All public complaints shall be the responsibility of the building administrator. Complaints may be investigated by the appropriate building administrator, at his/her discretion, however all complaints, whether investigated or not, will be presented to the bargaining unit member shall involved with a written description of the alleged problem and the administrator's proposed resolution, as appropriate, on the form provided, including the name of the person(s) making a complaint. Complaints and resolution thereof will be reported to discussed with the involved bargaining unit member by the administrator receiving the complaint, within five (5) working school days of receiptreceipt of the complaint by the principal or other administrator. A bargaining unit member at his/her discretion may have another bargaining unit member present at the discussion. C. The complainant shall be encouraged to resolve concerns through verbal communication building administrator and bargaining unit member will make an investigation of the alleged problem and arrange, if necessary, a conference with the unit member or the unit member's immediate supervisor. Every effort shall be made by the supervisor to refer the complainant to the unit member first. However, nothing in this section is intended to preclude the administrator from addressing complaints without notifying the unit member provided that such complaints are not later referenced by the administrator or used adversely against the unit member. 2. The unit member may request, or the administrator shall attempt to convene, a meeting among the bargaining unit member, the complaining party, principal and the administrator in order to attempt complainant(s) to resolve the problem. At the request of the unit member, Association representative(s) may be present at the meeting. issue. D. If the complainant refuses to attend the meeting, the complaint shall neither be placed in the unit member's personnel file nor utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member. 3. If the matter issue is not resolved at the meeting to the satisfaction of the complainantparties involved, the complainant may submit alleged problem will be referred to the superintendent for further investigation and a conference with said parties will be held within five (5) school days. E. In like manner, the issue, if not resolved, will be referred to the Board of Education and the complaint will be heard in writingexecutive session. The original copy shall be given to Board at its next regular meeting, or not later than thirty (30) days from the unit member submission of the complaint, will conduct a conference with a copy to the unit member's immediate supervisor. The said parties. F. No bargaining unit member shall be given time during issued a written reprimand nor other personnel action be taken as a result of a public complaint until the duty day, without salary deduction, to review exhaustion of the complaint and prepare responsive comments. If no written complaint is received, the matter shall be droppedprocedure set forth above. 4. Complaints which are withdrawn or shown to be false, shall neither be placed in the unit member's personnel file nor utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member. 5. Complaints that are found to be substantive may result in some follow up action by the immediate supervisor, even if resolved. All information or proceedings regarding any complaint shall be kept confidential.