Personnel

Office of the Chief Counsel

Personnel Issues

Jean Marie Nelson, Senior Counsel

Vicki Evans, Associate Counsel

Personnel

Office of the Chief Counsel

The Office handles a diverse mixture of legal matters on behalf of the District. Such legal services include the drafting and reviewing of contracts, resolutions, and policies; defending civil actions and administrative proceedings at all levels of state and federal courts and the Department of Administrative Hearings; providing legal advice on a regular basis on all matters concerning the operation of the District; and providing training and compliance programs. The Office of Chief Counsel is not legal counsel to parents, students, or the general public and does not advise individual citizens.

Personnel

Office of the Chief Counsel

Personnel

Office of the Chief Counsel

Overview of Personnel Related Laws. • Title VII of the Civil Rights Act Prohibits

Discrimination in Employment based on Race, Color, Religion, Sex, or National Origin.

• Discrimination is prohibited in the compensation, terms, conditions, and privileges of employment.

• An Employer cannot refuse to hire, discharge, or otherwise discriminate against the employee simply because of prejudices based upon these reasons.

Personnel

Office of the Chief Counsel

• Occupational Safety and Health Act (OSHA) prohibits an employer from discharging or discriminating against an employee because an employee files a complaint or institutes any cause of action or testifies in any proceeding where it was alleged that an employer violated any occupational safety or health standards.

Personnel

Office of the Chief Counsel

• Fair Labor Standards Act. This regulation governs Federal Minimum Wage, Over-Time, Shipping and Receiving of Goods, as well as the Age and Work hours of Minors.

Personnel

Office of the Chief Counsel

• Age Discrimination in Employment Act prohibits discrimination in Employment for persons age 40 and over.

Personnel

Office of the Chief Counsel

• Pregnancy Discrimination Act prohibits discrimination of females solely on the status of being pregnant.

Personnel

Office of the Chief Counsel

• Uniform Services Employment and Re-Employment Act protects persons who are called to Active Duty and are required to take a leave of absence to serve in the Armed Forces. The Act covers both Active Duty as well as Reserve Duty.

Personnel

Office of the Chief Counsel

• The Consolidated Omnibus Budget Reconciliation Act of 1985 (a.k.a. COBRA) deals with the administration and provision of employee benefits such as Health Insurance.

Personnel

Office of the Chief Counsel

• The Family Medical Leave Act allows an employee to take up to 12 weeks of unpaid leave per year due to their own serious illness, the birth or adoption of a child or to care for a sick spouse, parent, or sibling.

Personnel

Office of the Chief Counsel

• The Americans with Disabilities Act prohibits discrimination of Employees who have a qualifying disability and are otherwise able to do the essential functions of their job.

Personnel

Office of the Chief Counsel

Civic Duty Leave• This allows employees to

serve on local juries without any retaliation or threat of loss of job.

Personnel

Office of the Chief Counsel

• The Federal Jury system Improvement Act which deals with employee leaves to serve on a Federal Jury or to testify or otherwise be a witness in a state administrative hearing.

Personnel

Office of the Chief Counsel

School District Policies

• School Board Policy 3.27

• Bus Driver’s Handbook

• NCF&O Collective Bargaining Agreement

Personnel

Office of the Chief Counsel

Child Abuse

How to identify it

How to report it

Personnel

Office of the Chief Counsel

• Your employment with the District makes you a mandated reporter of child abuse and neglect.

• Changes in state law now require any person who knows or has reason to suspect that a child has been abused, abandoned or neglected must report such knowledge or suspicion to the DCF central abuse hotline.

Personnel

Office of the Chief Counsel

Red Flags• Unexplained bruises,

lacerations or burns.• Bruises reflect the shape of an

article – belt buckle, handprint, etc.

• Child has many “accidents” and seems secretive about what happened.

• Fear of parent, custodian or guardian.

• Reluctance to go home• Difficulty in walking – limping,

sore joints, etc.

• Child is listless, detached, withdrawn, preoccupied, extremely aggressive.

• Poor hygiene, dirty clothes, etc.

• Ill-fitting, torn clothing or shoes.

• Unattended medical needs

• Child begs, steals or hides food.

• Child reports that he/she is left home alone for extended periods of time.

Personnel

Office of the Chief Counsel

Red Flags• Child seeks affection or

attention inappropriately.• Child assumes adult

responsibilities.• Child reports parental behaviors

– alcoholism, drug usage, etc.• Bizarre or unusual sexual

behaviors• Child discloses that he/she has

been sexually abused.• Child may talk of secrets; says

he/she has a secret they cannot tell.

• Child reports photographs taken in the nude or in sexual situations.

• Knowledge of sexual behaviors inappropriate for child’s age.

• Cruelty to other children or animals.

• Extreme antisocial behaviors – fire setting.

• Inappropriate reactions.

• Lack of bowel control.

• Difficulty walking or sitting.

Personnel

Office of the Chief Counsel

Reporting Child Abuse/Neglect• What if I’m not sure a child is being

abused?– It is not necessary for you to prove abuse or

neglect. If you have a reasonable suspicion, you must report it.

• What if I am wrong?– Mistakes may happen but it is better to err on

the side of wrongful reporting than to risk further injury to or death of a child.

Personnel

Office of the Chief Counsel

Reporting Child Abuse/Neglect• Will the parents be told that I reported?

– State law mandates confidentiality for all reporters of suspected child abuse/neglect. If the case goes to trial, however, you may be requested to testify.

• Can I be sued by the parents?– As a mandated reporter of abuse/neglect, you

are immune from civil and criminal liability.

Personnel

Office of the Chief Counsel

Reporting Child Abuse/Neglect• What if I don’t report?

– You may be subject to criminal liability and could be found guilty of a first degree misdemeanor. You could also be subject to civil liability from a child who is injured or killed by your failure to report. But more importantly, a child could be injured or killed.

• What if the suspected abuser is a teacher?– You must report whenever you suspect abuse no matter

who the perpetrator.

Personnel

Office of the Chief Counsel

Reporting• How do I report suspected

abuse?– Call the Florida Abuse Hotline at

1-800-962-2873 they will electronic transmit the information to local law enforcement.

• What information goes into the report?– Your name, the child’s name and

address (if known), the nature of the abuse and the specifics about the incident being reported. If you think emergency intervention is required – say so!

Personnel

Office of the Chief Counsel

• Will I have to testify in court?– Child protective

services tries to protect the anonymity of the person filing the report but the court will not exclude testimony to protect confidentiality.

• Do I need a lawyer to report?– No.

Personnel

Office of the Chief Counsel

Discussing Abuse with a Child• The Five Critical Components Are:

1. Believe Him/Her . . .

2. Empower . . .

3. Support . . .

4. Report . . .

5. Follow Up . . .

Personnel

Office of the Chief Counsel

Statutory Guidelines

Personnel

Office of the Chief Counsel

Bus Safety

• Florida Statutes §1006.07(1)(a)

• Florida Statutes §1006.07(1)(b)

• Florida Statutes §1006.11

• Florida Statutes §316.6145

Personnel

Office of the Chief Counsel

CELL PHONES & REFUELING POSSIBLE LIABILITY TO DISTRICT

• WORKERS’ COMP• INJURY TO 3RD

PARTY• OSHA LIABILITY

Personnel

Office of the Chief Counsel

CELL PHONES & FUELA DANGEROUS MIX

• Cell phones ringing, lighting up or being turned on can release enough energy to become a ignition source caused by static electricity.

• Suggestions: leave cell phone in car & turn it off while fueling.

• Do not get back into the car during refueling• If you must reenter the car during refueling close the door

and make sure to touch the metal door to discharge the static electricity before pulling the gas hose nozzle out of the tank

Personnel

Office of the Chief Counsel

NEGLIGENT SUPERVISION OF

STUDENTS

• We will discuss what is appropriate and what is not appropriate while students are in your care and how to avoid placing the District at liability for lawsuits.

Personnel

Office of the Chief Counsel

Appropriate Physical Contact with Students

•  There should be no physical contact with students except for the assistance of handicapped children when boarding, exiting, or otherwise assisting them on the bus.

Personnel

Office of the Chief Counsel

• Inappropriate Comments/Interaction with Students

•  Inappropriate Comments/Interaction with Co-workers

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Office of the Chief Counsel

The Proper use of District Time, Technology, and Resources.

• SCHOOL BOARD POLICY 3.29

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Office of the Chief Counsel

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Office of the Chief Counsel

Public Records• FLORIDA STATUTE

119

Personnel

Office of the Chief Counsel

Negligent or Improper Supervision of Other Employees

•  A Supervisor could be held responsible for acts of those who report to you. Documentation is very necessary or key to protecting the district.

• A Supervisor can be sued in their personal capacity as well as their professional capacity or official district capacity for acts of subordinates.

Personnel

Office of the Chief Counsel

Q & A

Personnel

Office of the Chief Counsel

The End