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 Complaints which are withdrawn or shown to be false, shall neither be placed in the unit member's personnel file nor utilized in any evaluation, assignment, or disciplinary or dismissal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 effective, July 1, 2008 A. No negative and/or unsatisfactory evaluation, discipline, dismissal, or other The District shall not take adverse action against a unit member without complying with the following provisions: Verbal complaints against a bargaining unit member made initially to a board member or the board shall be predicated upon complaintsreferred to the Superintendent. All verbal and/or written complaints made against a bargaining unit member to any administrator shall be initially redirected to the unit member for the purpose of attempting to resolve the complaint, 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: 1complaint addresses a potentially criminal or civil violation. Any public complaint about a The bargaining unit member shall be reported notified within five (5) work days of receipt of the complaint. The unit member, with the support of the immediate supervisor shall attempt to schedule a meeting with the complainant. In the event that the complaint cannot be satisfactorily resolved by the bargaining unit member, the complaint shall be made in writing and delivered to the bargaining unit member’s immediate supervisor. The complaint shall include the complainant’s signature. The bargaining unit member by the administrator receiving shall receive a true copy of the complaint. The immediate supervisor shall, within five (5) working days of receiptreceiving the written complaint, conduct an investigation of the complaint. This investigation shall be concluded within ten (10) days of receipt of the written complaint, with the findings transmitted in writing to the bargaining unit member within fifteen (15) days of the receipt of the complaint. For complaints of a potentially criminal or civil litigation nature that require investigation, the timelines shall be extended by 30 additional work days for the purposes of the investigation. The complainant timeline shall be encouraged extended after providing written notice to resolve concerns through verbal communication with the unit member or the bargaining unit member's immediate supervisor. Every effort These timelines shall be made suspended pending investigations conducted by outside agencies dealing with complaints involving potential criminal or civil liability. Any negative material relative to a bargaining unit member’s instructional performance shall be in writing and signed 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. 2complainant. 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 bargaining unit member shall be given notified within five (5) days of receipt of the complaint, notified of the pending placement in the personnel file, furnished a copy of the complaint, and allowed to file a response. Reasonable release 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 grated to be false, shall neither be placed in prepare the unit member's personnel file nor utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member. 5response. Complaints that are found withdrawn, except those of a legal, criminal or civil litigation nature, shall be removed from the personnel file. Complaints subsequently proven to be substantive may result in some follow up action by the immediate supervisor, even if resolved. All information or proceedings regarding any complaint false shall be kept confidentialremoved from the personnel file.

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 X. 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.