Welcome to Buffalo Public School District



The Education Bargain

An equal and high-quality education is every child’s civil right; and, as educators, we must deliver on this essential democratic principle. The Education Bargain is simple: The District will guarantee pathways to opportunity that will lead to achievement and success in exchange for hard work, commitment, and collaboration of our students and parents.

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Table of Contents

Table of Contents 3-4

Welcome Message 5

District information 6

Employment 6

Employment Policy 6

Human Resources 7

Getting started and learning about the job 8

Staff Conduct 8

Harassment 9

Types of Staff 9

Staff Identification/ Security Card 9

Compensation 10

Payroll Schedules 10

Overtime Pay 11

Benefits 11-12

Retirement 13

Employee Assistance Program (EAP) 13

Employee Records 14

Employee Relations 14

Employee Safety and Health 14

Employee Development 15

Employee Attendance 16

Emergency School Closings 16

Leave of Absence 17-19

General Conditions of Employment 19

Certification/Licensure 20

Civil Service 20

Fingerprinting 20

Staff Orientation 20

Gifts 21

Confidential Information 21

Private Employment 21

Political Activities 21

Solicitations by Staff 21

Drug-Alcohol-Free Workplace 22

Smoke Free Workplace 22

Theft of Services or Property 22

Reporting Wrongful Conduct 22

Authorized Use of Email and Internet 22-23

District-Owned Cell Phones 23

Separation from the District 23

District Resources 23

General Contact Information 24

Definitions 25-26

The District’s Vision Statement is:

“Putting children and families first to ensure high academic achievements for all.”

The District’s Mission is:

• To ensure that every student will have the confidence, knowledge, thinking skills, character and hope to assume responsibility for her/his life and contribute to the lives of others.

• We will champion excellence and innovative learning experiences in partnership with family and community.

• We will hold ourselves accountable for educating our students and for working to energize all members of the community to actively participate in the accomplishment of our mission.

Getting Acquainted

The Buffalo Public School District (hereinafter referred to as the district) is the second largest school district in New York State. The district serves approximately 34,000 students in pre-kindergarten through twelfth grade in nearly 60 state of the art facilities. Students hail from every continent in the world, speaking over 80 languages.

The district employees are represented by in several collective bargaining groups. The groups represented by bargaining agents are:

• Buffalo Council of Supervisors & Administrators (BCSA) Collective Bargaining Agreement (August 22, 2017)

o Buffalo Council of Supervisors & Administrators (July 1, 2001)

• Buffalo Educational Support Team

• Buffalo Teachers Federation New Collective Bargaining Agreement (October 16, 2016)

o Buffalo Teachers Federation, Inc. (July 1, 1999)

• Local 264 Food Service

• Local 264 Food Service Appendix: 2015 Summer Food Program MOU

• Local 264 Cook Managers

• Local 264 Service Center Employees

• Professional Clerical & Technical Employees Association

• AFSCME, Local 409, AFL-CIO

• Substitutes United/Buffalo

• Transportation Aides of Buffalo

 

The district has a total of nine (9) Board of Education members. The Board of Education has one regular business meeting each month, held on the third Wednesday of each month at the district office located at Buffalo City Hall, Board Room 801, 65 Niagara Square, Buffalo New York. The Board of Education also holds special meetings on an as needed basis.

World Class School District

The Buffalo Board of Education is committed to creating a world class school district. Our schools and their educational programs are judged to a great extent by the conduct and attitude of district employees, regardless of individual job responsibilities. It is not enough for us to perform at the highest level; we must be perceived as doing so by our patrons and community. Public confidence and support are gained when employees are capable, efficient, considerate, and respectful. Employees are expected to conduct themselves in a professional manner in their relationships, both within and outside the district.

EMPLOYMENT

Employment Policy

The Board of Education of the Buffalo Public School District fully complies with all applicable equal opportunity laws and regulations administered by the U.S. Department of Education, the U.S. Department of Labor, the U.S. Equal Employment Opportunity Commission, and the New York State Human Rights Commission. In accordance with these statutes and Board policy, the district provides for equal opportunities for employment retention, and advancement of all people regardless of race, color, creed, religion, national origin, political affiliation, sex, sexual orientation, age, marital status, veteran status, or disability.

Human Resources

The Department of Human Resources is responsible for developing and administering the district’s personnel policies and procedures. Human Resources staff is available to assist employees in all areas related to orientation, employment procedures, compensation, collective bargaining, contract administration, employee benefits, and conditions of employment.

The Department of Human Resources takes the lead role and is ultimately responsible for recruiting personnel. However, candidate recruitment is a shared responsibility with all d hiring managers. District employees who have knowledge of qualified persons who may be interested in employment with our district should encourage these candidates to submit an application for employment at jobs.

Selection of employees is based upon each candidate’s background and experience relative to the qualifications of the position and the hiring requirements as identified by collective bargaining agreements and civil service rules and laws. The Associate Superintendent of Human Resources and the Human Resources Department is responsible for recruiting, screening, and recommending the employment of highly qualified candidates to the superintendent of schools.

Hiring Managers have the primary responsibility for conducting interviews and making recommendations for candidate selection to the Associate Superintendent for Human Resources.

The Superintendent of Schools is responsible for recommending outstanding candidates for employment to the Board of Education for final approval. Employment action is not complete nor official until the Board of Education has approved the appointment through formal Board action.

Getting Started and Learning About the Job

It is important to understand the assigned job responsibilities in order to become an effective and productive member of the district team. Employees can obtain a copy of their job description from their immediate supervisor or from the Department of Human Resources. The employee will meet with their immediate supervisor or designee to review the job description and discuss work schedules and building/department expectations. All new employees and current employees in new assignments are expected to serve an initial probationary period. The purpose of the probationary period is to provide the district with an opportunity to evaluate the employee’s ability to meet expectations as they relate to the functions, duties, and responsibilities of the position. The duration and conditions of the probationary period for various employees are determined by district policy, New York State law, and/or by the collective bargaining contract.

Staff Conduct

The Board of Education believes that attainment of district goals is dependent upon the professional behavior of staff. Staff members have a responsibility to know and abide by all applicable federal and state laws that affect their work, the policies and goals of the Board of Education, and the regulations designed to implement them.

Employees are expected to conduct themselves in a professional manner in their relationships with students, district employees, parents, patrons, other educators from other organizations, and the community. All employees are expected to maintain a personal standard of conduct that will contribute to high morale and demonstrate respect for the educational profession, and the district. Employees are expected to serve as proper role models for students at all times.

In addition, the following specific professional responsibilities are required to:

• attend work in a prompt and timely manner each day;

• support, respect, and enforce the policies and goals of the Board of Education and regulations of school administration;

• perform duties and professional responsibilities in an ethical, reasonable, and prudent manner with integrity;

• perform job responsibilities in a diligent, accurate, and timely manner;

• demonstrate concern for and attention to employee and district legal responsibilities for the safety and welfare of students and employees, including the need to ensure that students are supervised at all times;

• care for, maintain, and protect school property;

• observe confidentiality requirements with respect to student and staff information;

• respect and accept the diversity in our schools and workforce and to embrace the differences in race, color, creed, religion, national origin, political affiliation, sex, sexual orientation, age, marital status, veteran status, or disability; and,

• Dress in a professional manner appropriate to their job classification and in a manner that projects pride in one’s self and work.

Harassment

Harassment is defined as repeated offensive or inappropriate behavior towards another individual. The Buffalo Public School District is committed to creating and maintaining a working and learning environment which is free of discrimination and harassment.

1. Any employee in the District who wishes to file a complaint regarding discrimination or harassment shall, if possible, make such a complaint in writing using the Complaint Form 3230F.

▪ The 3230F complaint form may be obtained by accessing the “Notice of Non-discrimination” box below the Quick Links on the Buffalo Public Schools’ website,

If unable to make the complaint in writing, the employee may contact their department head or the Compliance Officer to assist with putting the complaint in writing. The written complaint must be signed by the complainant, dated, and include at a minimum, the following information:

▪ Date(s), time(s), place(s) of alleged incident(s)

▪ Alleged perpetrators of the discrimination or harassment (names, identifiers, etc.)

▪ Description of each incident, by date

▪ Witnesses, if any (names and identifying information)

▪ Other relevant information

▪ Desired resolution – what you’d like to see change as a result of the investigation

The written complaint (form 3230F) should be forwarded to the Compliance Officer by yourself or the administrator or department head assisting you. If forwarded to the principal or other administrator, s/he will forward the complaint form to the Compliance Officer.

Types of Staff

Classified Staff or support staff are Civil Service employees and are employed on either an annual or regular basis.

Certified Staff are teaching assistants, teachers, building administrators, and district office administrators. This group is hired on either a continuing contract or temporary contract basis.

Staff Identification/Security Card

Designated employee groups will be issued an ID card as part of the school safety plan. It is recommended that staff wear their ID card at all times while on school property. The ID card should be displayed between the shoulder and waist for easy visibility. It also can be used to swipe into EmpCenter and therefore serves as a means of recording your daily attendance.

Should an employee lose his or her ID card, the loss should be reported to the building engineer. The employee will be sent a new ID card at their work location.

COMPENSATION

Staff Compensation Plans

Each year the Superintendent of Schools reviews the compensation plans for employees not represented by a collective bargaining contract and recommends appropriate revisions to the Board of Education. Compensation plans for employees who are represented by a collective bargaining contract are established through the collective bargaining process between the Board of Education and the recognized collective bargaining agent. Once adopted by the Board of Education, these compensation plans are regarded as current policy. Employees may find the compensation plan for their employee group in the respective collective bargaining contract, or may obtain the appropriate salary schedule from the Department of Human Resources, Division of Wages and Salary.

Compensation plans include all salary and fringe benefits that have a monetary value to the employee, including but not limited to; base salary, paid holidays, leave entitlements, employee benefit plans, and retirement.

Payroll Schedules

District employees are paid on a bi-weekly payroll schedule. The district uses a computerized payroll system and offers the option of direct payroll deposit; therefore it is usually necessary that newly hired employees or promoted employees’ information be entered into the system by the payroll due date in order to receive payment on that pay day. Persons hired after the payroll deadline usually will not receive a payment until the following pay day. Any retroactive pay owed to the employee based on promotion, position change, prior service or advanced credited differentials will be paid on the following check date after a personnel action is processed by the Human Resources Department.

Upon written authorization from the employee, the district will make payroll deductions for tax sheltered annuities, credit union, United Way, and other benefits as authorized by current compensation plans. Union dues and retirement plan contributions are automatically deducted. Specific deduction criteria may be clarified in the applicable collective bargaining contract.

All payments will have the required deductions taken for the Federal Insurance Contribution Act (FICA) including Social Security and Medicare, as well as state and federal withholding taxes. It is the responsibility of the individual employee to verify that payroll deductions are being made as authorized.

Direct Payroll Deposit

Direct deposit or Skylight Pay card is the preferred method for paying district employees. If an employee is interested in direct payroll deposit or the Skylight Pay card, they are asked to complete the Direct Deposit Authorization form available on the Payroll Department website and forward the form to the payroll office.

Due to the need to validate direct deposit information with the employee’s bank, the employee’s initial pay will be delivered via a negotiable check.

Overtime Pay

District employees are covered by the provisions of the Fair Labor Standards Act (FLSA) relating to overtime payments for time worked in excess of 40 hours per week or as specified in the collective bargaining contract. Employees exempt from the provisions of FLSA are teachers, administrators, and some professional/technical staff.

Remuneration from Other Sources

District employees may not receive remuneration from other sources for work they perform during their regular work days or work hours. Employees may receive remuneration from other sources for services they perform outside their regular work day, and for services that are not a part of their job responsibilities and duties.

Employees who provide services to outside agencies may use vacation days or personal leave (unpaid) when such a leave is requested and approved by their supervisor.

BENEFITS

Insurance and Benefits

Please visit the Benefits Administration web-page at for information regarding health insurance as well as other available benefits such as flexible spending accounts, and/or tax sheltered annuity programs. If you need assistance you may contact the Benefits Office at (716) 816-3754. Please note that insurance for teacher aides and assistants is administered by the BEST Union. They may be reached at (716) 332- 2378.

Health Insurance

New employees who qualify for health insurance coverage are eligible for coverage effective on their date of hire. The effective date for Exempt employees is determined by individual employment contracts. Employee eligibility, plan choices and employee contributions vary by Union. Specific information can be found at .

Changes in health insurance plans may only be made in November during Open Enrollment with an effective date of January 1st. Dependents may be added at this time or within 30 days of a qualifying change in family circumstances.

Health insurance will terminate at the end of the month in which employment ends. Employees leaving the district for any reason may elect to continue health coverage under the provisions of Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). COBRA provisions and rates will be sent to terminating employees at their home address.

Dental Insurance

Dental Insurance for The Buffalo Council of Supervisors and Administrators (BCSA), The Buffalo Teachers Federation (BTF), The Professional Clerical Technical Employees Association (PCTEA), Buffalo Educational Support Team (BEST) and Local 409 is administered by the respective union. Contact information is provided in the New Employee Benefit Packet specific to each union.

Dental Insurance for Local 264 is administered by the Benefits Office as are Dental and Vision Benefits for the Exempt employees. The effective date for Local 264 dental coverage is the date of hire. The effective date for Exempt employees is determined by individual employment contracts. Changes in eligible dependents may be made within 30 days of a qualifying event or during Open Enrollment in November.

Dental insurance for Local 264 will terminate at the end of the month in which employment ends. Dental and Vision Benefits for Exempt employees end at midnight on the date of separation. Employees leaving the district for any reason may elect to continue dental coverage under the provisions of Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). COBRA provisions and rates will be sent to terminating employees at their home address.

Life Insurance

Life Insurance coverage is effective on the employee’s date of hire for eligible new employees. The coverage is a basic life policy covering the employee. The BEST Union also has basic life coverage for spouses and dependent children to age 23 or 25 if they are a full time student. Life insurance will terminate at the end of the month in which employment ends. Death benefits vary by union. Specific information can be found at .

Employees should update beneficiary designations whenever there is a family status change such as marriage, divorce, or death of a spouse or dependent. Beneficiary change forms may be obtained on the District web-site or by contacting the Benefits Office.

The Benefits Office should be notified immediately in the event of an employee’s death. It is important that the District assist families in time of bereavement. Upon notification of death, the Benefits Office will mail important information to the beneficiary of record. Employees or family members may contact the Benefits Office for assistance at (716) 816-3754.

Retirement

All full-time, certified, regularly employed teachers, teaching assistants, and administrators are required to join the New York State Teachers’ Retirement System. Full-time, Civil Service staff employed on a 12-month basis, are required to join the New York State and Local Retirement System. Details about the appropriate plan are provided to all new employees. More information for Civil Service employees can be found at osc.state.ny.us/retire and for Instructional employees at .

Federal Insurance Contributions Act (FICA)

Employees automatically pay into Social Security and Medicare. Deductions are withheld from the employee’s gross salary and are matched by the district. Deductions for the benefit are made throughout the calendar year in accordance with federal law.

Tuition Reimbursement

Eligible employees of the Teachers of Tomorrow Grant can receive a tuition reimbursement of up to $700.00 per year, not to exceed three (3) classes per year for two years. Eligible employees of the Teachers of Tomorrow Recruitment Incentive Program may receive a $3400 recruitment incentive award each year up to a maximum of 4 years (dependent upon APPR rating and grant funding). Eligible employees of the Teachers of Tomorrow may receive tuition reimbursement award of

$4,000 per year (or the actual annual tuition cost of the approved program, whichever is less), not to exceed two (2) years.

Employee Assistance Program (EAP)

The district will provide an Employee Assistance Program (EAP) to assist employees in obtaining help to resolve personal and/or work related problems in an effective and confidential manner. This program recognizes that the primary obligation to seek assistance and to resolve the problem rests with the employee. More information can be found at .

EMPLOYEE RECORDS

Official personnel files and employee records are those files pertaining to an employee and maintained in the Department of Human Resources.

It is the employee’s responsibility to notify the Department of Human of any name, address or telephone number changes in a timely manner. All changes to an employees’ contact information must be accompanied by photo identification.

Access to Personnel Files

Employees or their authorized agent may review the contents of the official personnel file maintained by the Department of Human Resources by appointment only. A minimum of 48 hours’ notice is required.

Information about the employee will be released in compliance with the New York State Freedom of Information Act (FOIL) or with written authorization from the employee. Examples of public information include name, job title, job location, and salary. Home addresses and telephone numbers will be excluded from any FOIL request.

EMPLOYEE RELATIONS

Board of Education/Staff Communications

It is the Board of Education’s policy to maintain open channels of communication with employees. The typical line of communication with the Board of Education is through the superintendent of schools. This line of communication is intended to ensure that the superintendent of schools is aware of any staff concerns and/or interest.

EMPLOYEE SAFETY AND HEALTH

Safety and Health

The district is responsible for maintaining a safe and healthy work environment at each work location. Employees are expected to notify their immediate supervisor of any existing or potentially unsafe or hazardous conditions at their job site. Employees must also use all personal protective equipment issued. Employees are subject to disciplinary action for willful violation of posted safety rules and regulations.

Workers’ Compensation

Employees must immediately report all on-the-job injuries or illnesses to their supervisor by filling out an “Accident/Incident Report” form as soon as possible. This form can be found at: . Failure to complete an accident/incident report in a timely manner may result in delayed or denied payment of benefits.  It is a crime to intentionally make false or misleading statements or to withhold information for the purpose of obtaining Workers’ Compensation Benefits.  Any benefit to the employee is subject to New York State Workers’ Compensation law and the applicable collective bargaining contract.

EMPLOYEE DEVELOPMENT

Evaluation of Personnel

In recognition of the fact that supervision and evaluation are necessary and a continuous facet of improving classroom instruction and support services, an evaluation process has been established for each employee group to assist in the development of skills and abilities. The building principal/department director is responsible for coordinating annual evaluations for each staff member in accordance with the commissioner’s regulations and the applicable collective bargaining agreement.

Professional Development

The district supports a comprehensive training program to foster professional growth, performance effectiveness, and awareness of current trends and standards. To assist in this endeavor, a program of professional development is provided through job-embedded professional learning, workshops, and classroom visitations with support, conferences, and other activities.

 The Division of Curriculum Instruction has primary responsibility for the coordination of various professional development programs designed by schools and departments and assists employees to identify and attend quality professional learning programs. The in-district programs are advertised through the district FORUM, the community education brochure, the district web site, and various district-wide communications.

The district supports the right of its employees to join and take part in professional development as training relates to the employee’s current position. Absence from work for the purpose of taking part in professional development activities will require approval by the employee’s immediate supervisor.

EMPLOYEE ATTENDANCE

Work Year/Work Day

The length of both the work year and work day vary according to the position and assignment classification of the employee. Information regarding the work schedule is provided to employees at the time of employment; however, employees may wish to consult their collective bargaining contract, job description, and/or the school calendar to verify their work year and work day. Supervisors and representatives from the Department of Human Resources can assist in interpreting these documents.

Like the work year, the specific times and duration of the work day vary according to job classification and assignment. Employees receive their individual time schedules from their immediate supervisor. Employees are required to submit a request for leave through EmpCenter (Aesop?) when requesting time away from their job.

Holidays

The schools/departments and administration buildings are closed each year for certain holidays as specified on the district calendar. Please consult your collective bargaining contract or the district holiday calendar as to which holidays are applicable to a particular job classification.

Those employees who are away from their job on paid sick or other kinds of paid leave will receive their regular compensation for the holiday period. Employees on unpaid leave status are not entitled to holiday pay.

Emergency School Closings

All school closings for students will be first reported to WBEN Radio AM 930. Notifications to local television stations and a Connect Ed call to your phone will follow shortly thereafter. Please also check the district web site, for closing alerts.

Staff attendance shall be governed by their respective contracts and may be required to report when school is closed for students. If the district is closed to staff, each employee will be notified by the Connect Ed communication system. Each employee is responsible for providing the district with the most recent telephone number to ensure that these messages are received. If you do not receive a telephone call it is expected that you will report to work.

If the Buffalo Public schools are open and severe localized weather conditions exist where an employee resides, and he/she is unable to get to work, the employee impacted will need to refer to the Inclement Weather Protocol memorandum issued by the Superintendent of Schools for detailed instructions.

Leaves of Absence

Leaves of absence shall be granted by the Board of Education at the recommendation of the superintendent of schools and in accordance with the respective collective bargaining contract. Any employee who requests a leave of absence must submit their request via the approved district form. This form can be found at site/handlers/filedownload.ashx?moduleinstanceid=686&dataid=2713&FileName=request%20for%20leave%20form%20final.pdf

All requests for time away from work require 30 days’ notice (whenever possible), a formal written request, and approval from an administrator from the Department of Human Resources. If an employee requests, either a family, educational, personal, military, or medical leave, additional supporting documentation may be required. Please refer to the applicable collective bargaining contract for specific details regarding available leaves of absence.

Paid Absences

The district provides paid absences to employee groups in accordance with their respective collective bargaining contract (which may include bereavement days, family illness days, personal days, personal illness days, jury duty, and vacation days).

Family and Medical Leave Act

In order to qualify under the Family and Medical Leave Act (FMLA), an employee must have been employed by the district for 12 months; and have worked at least 1,250 hours during the 12 months preceding the commencement date of the leave. Teachers automatically meet the 1,250-hour requirement if they are working full-time.

Eligible employees are entitled to a total of twelve (12) work weeks of leave during one 12-month period. The district has designated July 1 through June 30 as the 12 month period. Anytime an employee’s leave is designated as FMLA, the leave counts toward the 12-week annual entitlement.

As much notice as possible should be given, but at least 30 days advance notice must be given to Human Resources, the supervisor of the program or building administration unless the leave is unforeseeable.

The district must maintain the employee’s health coverage at the prevailing rate for the duration of the FMLA leave. The employee pays his/her share of the health insurance premium during the leave either by payroll deduction if during a paid leave, or the monthly submission of the employee’s contribution if during an unpaid medical leave. The district is entitled to recoup its share of health insurance if the employee fails to return to work and no regulatory exceptions apply. The United States Government Department of Labor enforces the FMLA leave.

Upon the employee’s return from FMLA leave, they will be restored to their original or equivalent position with equivalent pay, benefits, and other employment terms, unless the employee is an exempt employee under the Fair Labor Standard Act (FLSA) and meets the definition of a key employee.

Seniority does not continue to accrue while the employee is on an unpaid FMLA leave.

The purpose of FMLA is to guarantee leave time and job security for employees in need of an absence from work. The provisions contained in the FMLA regulations provide for minimum requirements. Therefore, the 12 weeks of leave is intended to run concurrently with other leaves.

A qualifying employee can also take an FMLA leave for two different reasons. The first reason is for family either because of the birth and care needed for a son or daughter of the employee or the placement of a son or daughter with the employee for adoption or foster care. The second reason is in order to care for the spouse, son, daughter, or parent of the employee, if that spouse, son, daughter, or parent has a serious health condition or because of a serious health condition which renders the employee unable to perform the functions of his or her job.

Upon request from a representative from the Human Resources Department, the employee may be required to furnish a medical certification issued by the health care provider of the eligible employee of the son, daughter, spouse, or parent of the employee. Failure to provide such certification may result in denial of the leave. The district requires fitness-for-duty certification before the employee returns to work.

Instructional employees may be required to extend their leave when the employee’s return to work would fall near or at the end of an academic year.

Depending on the employee’s classification within the district, (e.g., instructional, civil service staff, administrative staff, etc.) and benefits package, the substitution of paid leave for FMLA unpaid leave will vary. For further information on whether the district will substitute paid leave during an FMLA leave please consult with your human resources representative. For additional information and frequently asked questions, please refer to the United States Department of Labor website:

Workers’ Compensation LEAVE

District employees have rights under New York State Workers’ Compensation insurance in the event an injury sustained on the job. In the event of an accident or incident occurring while at work, employees should report the accident/incident as soon as possible to their immediate supervisor, and also complete an “Accident/Incident report” form. Failure to file a claim or give the employer notice may result in delayed or denied payment of benefits. Accident/Incident forms are available in each school building, department offices or on the district’s website at: .

Notify your supervisor and obtain his/her signature and submit the accident/incident report and supporting documentation to the District’s Workers’ Compensation Analyst for review and processing. Prior to documentation substantiating a work-related injury, accruals must be used.  Once confirmation is received accruals will be restored.

Questions regarding New York State Workers’ Compensation benefits should be addressed to the District’s Workers’ Compensation Analyst at 816-3936 or the State of New York website .

Military Leave

A military leave shall be granted to an employee who is inducted, enlists, or is called into duty in any branch of the armed forces of the United States. All rights and privileges will be afforded under State and Federal Laws.

Jury Duty

Notification of jury duty must be presented to the building principal/department director within two days of receipt. The staff member summoned to serve on jury duty will receive their regular pay and may continue as long as required by the court as prescribed by their bargaining unit.

Upon completion of jury duty, the employee serving on jury duty will obtain an attendance form from the commissioner of jurors for submission to the building principal/department director for attendance purposes.

DISCIPLINARY ACTION

Forms of Disciplinary Action

Disciplinary action may be taken against employees who violate established expectations, policies, regulations, laws, or procedural guidelines. The extent of disciplinary action taken against employees will depend upon the seriousness of the violation and may range from a verbal reprimand to dismissal from employment.

GENERAL CONDITIONS OF EMPLOYMENT

Staff Probation and Tenure

Each employee will serve an initial probationary period. The length of the probationary period depends upon the employee’s position in the district, whether or not the employee has received tenure in another NYS school district (for teachers and teaching assistants), and, for civil service staff, whether the employee is being assigned to permanent status from an adopted eligible list.

The purpose of the probationary period is to give the district and the employee time to decide whether the employee is able to perform the functions, duties, and responsibilities of the position. Each collective bargaining contract designates the applicable probationary period for the particular union group.

A certified instructional staff member will serve a maximum of four (4) years in a probationary period leading to tenure.

The probationary period for classified staff (civil service) is determined by which adopted eligible list the employee is being assigned from. Employees from a promotional list have a probationary period of no less than two months, no more than three months. Employees from an open competitive list have a probationary period of no less than three months, no more than six months. Employees hired with the status of non-competitive do not earn section 75 rights until the completion of five years of service.

Certification/Licensure

For staff holding a position which requires either, a New York State administrator, teacher, or teaching assistant certificate or an occupational license, it is the responsibility of the staff member to ensure he/she possesses a current and valid certificate/license. Each employee shall have met all requirements for such certificate/license for as long as he/she occupies a position mandating such requirements and shall inform a representative of the Department of Human Resources of any change in the status of his/her certificate/license.

Civil Service

Classified staff is required to meet specific requirements mandated by the Civil Service Commission for each Civil Service position within the district. Civil service positions are classified into one of four classifications: competitive positions which require staff to meet specific qualifications and take an examination; noncompetitive positions which require staff to meet specific educational and/or experiential qualifications; labor class positions which require minimal education and/or experience; and exempt positions for which examinations are not practical nor are there required qualifications.

Fingerprinting

All newly appointed staff are required to have their fingerprints taken for the purposes of a criminal background check in accordance with New York State law. Prospective school employees may be appointed on a conditional or emergency conditional basis requiring clearance for employment, but only under the specific circumstances provided by law. At such time the results of the fingerprinting background check are not in accordance with district expectations, the newly hired employee may be immediately terminated from employment.

Furthermore, the New York State Education Department requires that any applicant for New York State administrative, teacher, or teaching assistant certificate must meet the fingerprinting requirement for the purpose of a criminal background check prior to the issuance of any new certificate. The cost of the fingerprinting for certification purposes is borne by the employee seeking certification. Staff who have been fingerprinted for employment purposes do not have to be fingerprinted again for certification.

Staff Orientation

All staff will attend an orientation session conducted by the District to review and discuss procedures for implementing school conduct, discipline guidelines, and/or for departmental procedures within each respective building/department.

Gifts

An employee shall not directly or indirectly solicit any gift nor accept or receive any gift having a value of $75 or more, whether in the form of money, services, loan, travel, entertainment, hospitality, item or promise, or any other form under circumstances in which it could reasonably be inferred that the gift was intended or expected to influence him/her in the performance of official duties or was intended as a reward for any official action on his/her part.

Confidential Information

An employee shall not disclose confidential information acquired by him/her in the course of his/her official duties or use such information to further his/her personal interest. The Family Educational Rights and Privacy Act of 1974 (FERPA) affords parents and students over 18 years of age (eligible students) certain rights with respect to the student’s educational records. Employees shall adhere to the federal, state and district policies regarding confidentiality and privacy with any student information.

Private Employment

District employees shall not engage in, solicit, negotiate for, nor promise to accept private interests when that employment or service creates a conflict with or impairs the proper discharge of his/her official duties within the district.

Political Activities

The Board of Education recognizes the right of its employees, as citizens, to engage in political activities and to exercise their constitutionally-protected rights to address matters of public concern.

However, a District employee's constitutional rights to raise matters of public concern are limited when the speech or action occurs on school grounds and/or during school times. When such speech or action occurs on school grounds and/or during school time, the Board of Education can impose reasonable restrictions on the time, place and manner of the speech or action, and can further regulate the content of such speech when it materially imperils the efficient operation of the school.

Teachers may not use their classrooms or school surroundings as a means to promote their personal political views and beliefs. However, teachers are encouraged to address issues of current events for their instructional and informational value to students, to invite public and/or political figures to visit the classroom as a community resource and to motivate students to participate in the political process.

Solicitations by Staff

Staff members shall not be engaged in advertising or commercial solicitations on school time, except as authorized by the Superintendent and/or designee.

Drug-Alcohol-Free Workplace

No employee engaged in work for the district, or in connection with a federal, state, or local grants administered by the district shall unlawfully manufacture, sell, distribute, dispense, possess, use, or be under the influence while on or in the workplace of any narcotic drug, hallucinogenic drug, designer drug, or any other controlled substance, or sell, dispense, possess, use or be under the influence of any alcoholic beverage while on district property or in the workplace.

An employee who violates the terms of this policy may not be entitled to a renewal of their contract or their employment may be suspended or terminated, pursuant to employee disciplinary procedures.

Information about any drug and alcohol counseling and/or rehabilitation programs shall be made available to employees through the Employee Assistance Program.

SMOKE-FREE WORKPLACE

Smoking and tobacco use are prohibited in school buildings and on school grounds. No person shall knowingly have in his/her possession, upon any premises to which these rules apply, any alcoholic beverages and/or illegal or non-prescribed "controlled substance." ("Controlled substance" as defined by Penal Law Section 220.00.)

Theft of Services or Property

The theft of services or property from the district by an employee will result in disciplinary action.

Reporting Wrongful Conduct (Whistle Blowing) and Protection from Reprisal

It is the responsibility of any district employee or staff member who has knowledge of specific acts which he or she reasonably believes constitute wrongful conduct, to report the wrongful conduct to the appropriate district official or the Board appointee(s). Any employee who submits a good faith report of alleged wrongful conduct to a public body or to a designated Board of Education officer or appointee shall be protected against any adverse action.

If any adverse employment action is taken against a district employee in knowing retaliation for his or her good faith reporting of alleged wrongful conduct to an appropriate district official or designated Board appointee as defined under this policy, then the district shall take remedial action to protect the employee and take appropriate corrective action.

Authorized Use of Email and the Internet

The district will provide staff with access to various computerized information resources through the district’s computer system consisting of software, hardware, computer networks, and electronic communication systems. This may include access to electronic mail, also called "online services" and the "Internet."

Data files and electronic storage areas shall remain district property, subject to district control and inspection. All such files and communications may be accessed to ensure system integrity and that users are complying with the usage policy. Staff should not expect that information on the district’s computer system to be private.

District email is provided as a tool to assist staff to further district goals and objectives. Staff are encouraged to utilize email services in their roles as employees of the district, but such usage shall be limited to school-related matters or activities. District email communications are the property of the district; therefore, professional and appropriate communications apply.

District-Owned Cell Phones

A district-owned cell phone will be issued to a district employee when required by that employee’s job duties and as determined by the superintendent and superintendent’s staff.

Separation from the District

Ten-month staff intending to separate from the district shall make every effort to sever employment at the end of a school year. Separations must be in writing and include an effective date. Final pay for employees separating from employment will be processed on the established payroll periods.

Certified staff members desiring to resign during the school year from his/her position must provide the district 30 days’ notice in accordance with New York State Education Law, Section 3019-A. . The Principal and/or Subject Area Director or Supervisor may waive all or a portion of the 30-day requirement should a suitable candidate be identified or a replacement plan established.

DISTRICT RESOURCES

District WebSite

The district web site, , is a great source of information to staff, students, and the community. The site can be accessed 24 hours a day and includes messages from the superintendent of schools, access to district collective bargaining contracts, listings of employment opportunities, information about each school community, budget information, district news, calendars and special events, staff resources, forms, and district email.

District Policies and Regulations

The district’s policies and regulations created by the Board of Education is available on the district’s website and can be accessed at under the district heading and Board of Education subheading. The policies and regulations listed contain reference materials regarding district by-laws, internal operations, community relations, administration, non-instructional business operations, personnel, students, and instruction.

GENERAL CONTACT INFORMATION

Employee Assistance Program

Employee Resources Inc  (716) 854-1990

Email address eap@

New York State Teachers’ Retirement System

General number (800) 348-7298, extension 6250

Consultation Representative (800) 348-7298, extension 6100

New York State Employees’ Retirement System

General number (866) 805-0990

DEFINITIONS

Absence: Failure to report or spend the major portion of a full or half day at the assigned workplace.

Bereavement Leaves: Absence necessitated by the death of a family member as defined by an applicable collective bargaining contract or Board policy.

Certified Staff: are teaching assistants, teachers, building administrators, and district office administrators. This group is hired on either a continuing contract or temporary contract basis.

Classified Staff: Civil Service staff governed by civil service laws and regulations.

COBRA: Consolidated Omnibus Budget Reconciliation Act federal law allowing employees to continue health insurance paying the employer’s group rate plus an administrative fee upon a qualifying event.

Employee: A person employed by the district on a full-time, part-time, or per diem basis, and who is entitled to compensation and fringe benefits for days worked, or who is on an approved leave of absence.

Employee Records: Records related to the employment status of the employee. Records are subject to the provisions of the New York Freedom of Information Law.

FOIL: Freedom of Information Law.

Medical Leave: An extended leave of absence granted an employee for medical reasons that prevent the employee from working.

Military Leave: A leave of absence for the purpose of fulfilling a military obligation in accordance with military law and applicable collective bargaining contract.

Overtime: Federal law requires pay at time and one-half for work over 40 hours per week.

Paid Holiday: Any day during the work year designated as a holiday in the applicable collective bargaining contract and/or designated on the district calendar for those staff not covered by a contract.

Paid Leave: Approved absence from work for which the employee is entitled to be paid.

Position Description: A written statement outlining the required qualifications, duties, tasks, or responsibilities of a specific job; commonly called job description.

Probationary Period: Period of time during which the employee’s ability to perform the job is assessed and evaluated by the supervisor in accordance with the applicable collective bargaining contract.

Professional Growth: Continued development of skills and abilities related to job performance.

Resignation: A written, voluntary termination of employment by the employee.

Retirement: Voluntary resignation of an employee upon eligibility for retirement benefits from the applicable New York State Retirement System and/or from social security.

School Holidays: Days on the school calendar when schools are closed during the academic year.

Sick Leave: Paid absence provided to employees for personal illness or injury and in accordance with the applicable collective bargaining contract.

Supervisor: The individual who oversees the work assignment of an employee, and who is responsible for the performance evaluation of that employee.

Termination: Involuntary discontinuance of employment.

Unpaid Leave: Approved absence from work without pay.

Vacancy: An employment opening that occurs as the result of a new position allocation or the separation of an employee from an existing position.

Vacation: Paid leaves in accordance with the applicable collective bargaining contract.

Buffalo Board of education

Dr. Barbara Seals Nevergold, President & Member-at-Large

Sharon M. Belton-Cottman, Ferry District Representative & Vice President Executive Affairs

Dr. Theresa A. Harris-Tigg, East District Representative & Vice President Student Achievement

Louis Petrucci, Park District Representative

Hope R. Jay, North District Representative

Jennifer L. Mecozzi, West District Representative

Patricia A. Pierce, Member-at-Large

Lawrence Quinn, Member-at-Large

Paulette Woods, Central District Representative

Farhiya Diriye, Student Representative

Kriner Cash, Ed.D., Superintendent

Jamie Warren, Associate Superintendent of Human Resources

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Updated: November 2018

Welcome to Buffalo Public School District

HR Employment Practice Manual

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