EQUAL EMPLOYMENT OPPORTUNITY
The Estherville Lincoln Central Community School District shall provide equal opportunity to employees and applicants for employment in accordance with applicable equal employment opportunity and affirmative action laws, directives and regulations of federal, state and local governing bodies. Opportunity to all employees and applicants for employment includes hiring, placement, promotion, transfer or demotion, recruitment, advertising or solicitation for employment, treatment during employment, rates of pay or other forms of compensation, and layoff or termination. The school district shall take affirmative action in major job categories where women, men, minorities and persons with disabilities are underrepresented. Employees will support and comply with the district's established equal employment opportunity and affirmative action policies. Employees shall be given notice of this policy annually.
The Board shall appoint an affirmative action coordinator. The affirmative action coordinator shall have the responsibility for drafting the affirmative action plan. The affirmative action plan shall be reviewed by the administration annually.
Individuals who file an application with the school district will be given consideration for employment if they meet or exceed the qualifications set by the board, administration, and Iowa Department of Education for the position for which they apply. In employing individuals, the Board shall consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, sex, national origin, religion, age, disability, sexual orientation or gender identity. In keeping with the law, the Board shall consider the veteran status of applicants.
Advertisements and notices for vacancies within the district shall contain the following statement: "The Estherville Lincoln Central Community School District is an equal employment opportunity/affirmative action employer." The statement shall also appear on application forms.
Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, shall be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, 1814 7th Ave S, Estherville Lincoln Central Community School District, Estherville, Iowa 51334; or by telephoning 712-362-2692.
Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII office of Civil Rights, U.S. Department of Education, 310 W. Wisconsin Ave., Ste. 800, Milwaukee, Wisconsin, 53203-2292, (414) 291-1111, TTY (800)669-6820 or the Iowa Civil Rights Commission, 400 E 14th Street, Des Moines, Iowa, 50319, (515) 281-4121. This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.
Further information and copies of the procedures for filing a complaint are available in the school district's central administrative office and the administrative office in each attendance center.
http://www.eeoc.gov/field/milwaukee/index.cfm
http://www.eeoc.gov/field/milwaukee/index.cfm
Approved: 2/10/97 Revised: 8/20 Reviewed: 8/20
Legal Reference: 29 U.S.C. §§ 621-634 (1988).
42 U.S.C. §§ 2000e et seq. (1988).
42 U.S.C. §§ 12101 et seq. (Supp. 1990).
Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8 (1995).
281 I.A.C. 12.4; 95.
Cross Reference: 102 Equal Educational Opportunity
403.5 Harassment
405.2 Licensed Employee Qualifications, Recruitment,
Selection
411.2 Classified Employee Qualifications, Recruitment,
Selection
EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION
COMPLIANCE PROGRAM
The Estherville Lincoln Central Community School District has an established policy of Equal Employment Opportunity and Affirmative Action with respect to race, religion, color, sex, age or national origin. We expect the administration to know of and fully accept the Equal Opportunity and Affirmative Action policy and to make certain that no employee or applicant for employment shall suffer any form of discrimination because of race, religion, color, sex, age, national origin, disability, creed, sexual orientation, gender identity. In order to effectively communicate and interpret the district’s policy to all levels of the administration, and to all other employees, community and educational agencies, and the public in general, the following will be undertaken:
A. Dissemination of Policy
1. Employees will be reminded annually of the district’s written statement of policy by:
a. Description of policy by publication or reference in all issues or re-issues of personnel handbooks.
b. When appropriate, publicize the Equal Employment Opportunity and Affirmative Action policy and such activities through news stories or other articles in district publications.
c. Detailed discussions at administrative conferences and staff meetings.
2. Employment advertisements will contain assurance of equal employment opportunity.
3. All employment and recruiting sources where jobs are listed by the district will be reminded of our policy, both verbally and in writing.
4. Notices will be posted on bulleting boards and in locations where applicants are interviewed. These will inform employees and applicants of their rights under federal and state civil rights laws.
B. Responsibility for Implementing the Equal Employment Opportunity and Affirmative Action Policy.
1. Responsibility is assigned to the Affirmative Action Coordinator, who will render full assistance and support for those seeking help and assistance in taking affirmative action.
C. Recruiting
1. Additional emphasis will be given to seeking and encouraging applicants from minority groups, and women’s groups, where such applicants with the necessary qualifications or potentials are available. In keeping with the law, consideration shall be given to the veteran status of applicants.
D. Training
1. All training and in-service programs supported or sponsored by the district will continue to be equally open to minority and female employees on the basis of qualifications.
E. Hiring, Placement, Transfer, Layoff, and Recall
1. The district recognizes of its Equal Employment Opportunity and Affirmative Action policy, continuous affirmative action must be taken to ensure that opportunities of all kinds are called to the specific attention of members of minority groups and that qualified members of minority groups should be offered positions on the same basis as all other applicants or employees. To assure achievement of the objectives, the district will periodically review its practices in hiring job applicants.
F. Compensation
1. All employees, including women and minority group employees, will receive compensation in accordance with the same standards. Opportunities for performing overtime work or otherwise earning increased compensation will be afforded to all qualified employees without discrimination based on race, religion, color, sex, age, national origin, disability, creed, sexual orientation, or gender identity.
G. General
1. Not only in the above matters, but in all other areas of the employer-employee relationship, the district will continue to cooperate with minority groups because being fair is the best assurance that it is not discriminating or creating the appearance of discrimination.
This Equal Opportunity and Affirmative Action Program will be reviewed and updated annually.
Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action, including but not limited to complaints of discrimination, shall be directed to the Affirmative Action Coordinator by writing to Tara Paul, Affirmative Action Coordinator, Estherville Lincoln Central Community Schools District, Estherville, IA 51334; or by telephoning at 712-362-2692.
Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action, including but not limited to complaints of discrimination, may also be directed, in writing, to the Director of the Region VII Office of Civil Rights, Department of Education, Kansas City, MO. Such inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.
Further information and copies of the procedures for filing a grievance are available in the district’s central administrative office, and the administrative office in each district attendance center.
Approved: 4/90 Revised: 12/98 Reviewed: 10/01
10/05
5/06
4/11
8/13
8/20
CREDIT CARDS
Employees may use school district credit cards for the actual and necessary expenses incurred in the performance of work-related duties. Actual and necessary expenses incurred in the performance of work-related duties include, but are not limited to, fuel for school district transportation vehicles used for transporting students to and from school and for school-sponsored events, payment of claims related to professional development of the Board and employees, and other expenses required by employees and the Board in the performance of their duties.
Employees and officers using a school district credit card must submit a detailed receipt in addition to a credit card receipt indicating the date, purpose and nature of the expense for each claim item. Failure to provide a proper receipt shall make the employee responsible for expenses incurred. Those expenses shall be reimbursed to the school district no later than ten working days following use of the school district's credit card. In exceptional circumstances, the superintendent or Board may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances shall be maintained as part of the school district's record of the claim.
The school district may maintain a school district credit card for actual and necessary expenses incurred by employees and officers in the performance of their duties. The superintendent may maintain a school district credit card for actual and necessary expenses incurred in the performance of the superintendent's duties. The transportation director may maintain a school district credit card for fueling school district transportation vehicles in accordance with board policy.
It shall be the responsibility of the superintendent to determine whether the school district credit card use is for appropriate school business. It shall be the responsibility of the Board to determine through the audit and approval process of the Board whether the school district credit card use by the superintendent and the Board is for appropriate school business.
The superintendent shall be responsible for developing administrative regulations regarding actual and necessary expenses and use of a school district credit card. The administrative regulations shall include the appropriate forms to be filed for obtaining a credit card.
Legal Reference: Iowa Constitution, Art. III, § 31.
Iowa Code §§ 279.8, .29, .30 (1995).
281 I.A.C. 12.3(1).
Cross Reference: 216.3 Board of Directors' Member Compensation and Expenses
401.7 Employee Travel Compensation
Approved: 2/97 Reviewed: 8/13
8/20
CONFLICT OF INTEREST
Employees' use of their position with the school district for financial gain shall be considered a conflict of interest with their position as employees and may subject employees to disciplinary action.
Employees have access to information and a captive audience that could award the employee personal or financial gain. No employee may solicit other employees or students for personal or financial gain to the
employee without the approval of the superintendent. If the approval of the superintendent is given, the employee must conduct the solicitations within the conditions set by the superintendent. Further, the superintendent may, upon five days notice, require the employee to cease such solicitations as a condition of continued employment.
Employees shall not act as an agent or dealer for the sale of textbooks or other school supply companies doing business with the school district. Employees shall not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to students or to parents. Employees shall not engage in outside work or activities where the source of information concerning the customer, client or employer originates from information obtained because of the employee's position in the school district.
It shall also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee's official duties and responsibilities. In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest shall be deemed to exist shall include, but not be limited to, any of the following:
(1) The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of the school district's badge, uniform, business card or other evidences of office to give the employee or the employee's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public. For purposes of this section, a person is not "similarly situated" merely by being related to an employee who is employed by the school district.
(2) The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours during which the employee performs service or work for the school district.
(3) The outside employment or activity is subject to the official control, inspection, review, audit or enforcement authority of the employee during the performance of the employee's duties.
If the outside employment or activity is employment or activity in (1) or (2) above, the employee must cease the employment of or activity. If the activity or employment falls under (3), then the employee must:
· Cease the outside employment or activity; or
· Publicly disclose the existence of the conflict and refrain from taking any official action or performing any official duty that would detrimentally affect or create a benefit for the outside employment or activity. Official action or official duty includes, but is not limited to, participating in any vote, taking affirmative action to influence any vote, or providing any other official service or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity.
It shall be the responsibility of each employee to be aware of and take the necessary action to eliminate a potential conflict of interest should it arise.
Approved: 2/97 Reviewed: 8/20
Legal Reference: Iowa Code §§ 20.7; 68B; 279.8; 301.28 (1995).
Cross Reference: 203 Board of Directors' Conflict of Interest
402.4 Gifts to Employees
402.7 Employee Outside Employment
404 Employee Conduct and Appearance
NEPOTISM
More than one family member may be an employee of the school district. It shall be within the discretion of the superintendent to allow one family member employed by the school district to supervise another family member employed by the school district.
The employment by the Board of more than one individual in a family shall be on the basis of their qualifications, credentials and records.
Should more than one family member work in the same building or department, one family member shall not evaluate the
other. Evaluation will be done by another district administrator or supervisor.
Legal Reference: Iowa Code §§ 20; 71; 277.27; 279.8 (1995).
Cross Reference: 405.2 Licensed Employee Qualifications, Recruitment
Selection
411.2 Classified Employee Qualifications, Recruitment
Selection
Approved: 2/10/97 Reviewed: 8/20 Revised: 8/20
EMPLOYEE COMPLAINTS
Complaints of employees against fellow employees should be discussed directly between employees. If necessary, complaints shall be brought directly to the immediate supervisor, principal or superintendent and shall be made in a constructive and professional manner. Complaints shall never be made in the presence of other employees, students or outside persons.
A formal grievance procedure is contained in the master contract and/or other areas of the policy book. This policy shall not apply to a complaint that has been or could be filed at the employee's discretion under a formal grievance procedure described in any of the school district’s formal documents.
The Board recognizes that all staff members are expected to solve complaints by following the appropriate chain of command as outlined in
policy.
Legal Reference: Iowa Code §§ 20.7, .9; 279.8 (1995).
Cross Reference: 307 Communication Channels
403.5 Harassment; Master Contract
Approved: 2/97 Revised: 8/20 Reviewed: 8/20
EMPLOYEE RECORDS
The school district shall maintain personnel records on employees. The records are important for the daily administration of the educational program, for implementing board policy, for budget and financial planning, and for meeting state and federal requirements.
The records shall include, but not be limited to, records necessary for the daily administration of the school district, salary records, contracts, evaluations, application for employment, references, transcripts and other items needed to carry out board policy. Employee personnel files are school district records and are considered confidential records and therefore are not generally open to public inspection or accessibility. Only in certain limited instances, when the employee has given a signed consent, will employee personnel records be accessible to individuals other than the employee or authorized school officials.
Employees may have access to their personnel files, with the exception of letters of reference, and copy items from their personnel files at a time mutually agreed upon between the superintendent and the employee. The school district may charge a reasonable fee for each copy made. However, employees will not be allowed access to the employment references written on behalf of the employee. Board members will generally only have access to an employee's file when it is necessary because of an employee related matter before the Board.
It shall be the responsibility of the superintendent to keep employees' personnel files current. The board secretary shall be the custodian of employee records.
It shall be the responsibility of the superintendent to develop administrative regulations for the implementation of this policy.
Legal Reference: Iowa Code chs. 20; 21; 22; 91B (1995).
Clymer vs. City of Cedar Rapids, No. 209/97-1705
Des Moines SD vs. Register & Tribune Co., 487 NW 2; 666
City of Dubuque vs. Telegraph Herald, Inc., 297 NW 2d 523
Cross Reference: 402.1 Release of Credit Information
403 Employees' Health and Well-Being
708 Care, Maintenance and Disposal of School District Records
Approved: 2/97 Revised: 12/98 Reviewed: 8/20
10/01 10/05
5/06
4/11
8/13
EMPLOYEE RECORDS REGULATION
Employee Personnel Records Content
1. Employee personnel records may contain the following information:
· Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse.
· Individual employment contract.
· Evaluations.
· Application, resume and references.
· Salary information.
· Copy of the employee's license or certificate, if needed for the position.
· Educational transcripts.
· Assignment.
· Records of disciplinary matters.
2. Employee health and medical records shall be kept in a file separate from the employee's personnel records. Health and medical records may contain, but are not limited to:
· Medical professional signed physical form.
· Sick or long-term disability leave days.
· Worker's compensation claims.
· Reasonable accommodation made by the school district to accommodate the employee's disability.
· Employee's medical history.
· Employee emergency names and numbers.
· Family and medical leave request forms.
Applicant File Records Content
Records on applicants for positions with the school district shall be maintained in the central administration office. The records shall include, but not be limited to:
· Application for employment.
· Resume.
· References.
· Evidence of appropriate license or certificate, if necessary for the position for which the individual applied.
· Affirmative action form, if submitted.
Record Access
Only authorized school officials shall have access to an employee's records without the written consent of the employee. Authorized school officials may include, but not be limited to, the superintendent, building principal, or board secretary. In the case of a medical emergency, the school nurse or other first aid or safety personnel may have access to the employee's health or medical file without the consent of the employee. Board members will generally only have access to an employee's personnel file without the consent of the employee when necessary for the conducting of board business.
Confidential records include, but are not necessarily limited to, birth dates, addresses, gender, employment applications, performance evaluations, and individual test scores.
Employee Record Retention
All employee records shall be kept according to the most recent version of the Uniform Administrative Procedures Manual.
Approved: 2/97 Reviewed: 12/98 Revised: 8/20
10/05
5/06
4/11
8/13
TRANSPORTING OF STUDENTS BY EMPLOYEES
Generally, transportation of students shall be in a motor vehicle owned by the school district and driven by an employee. In some cases, it may be more economical or efficient for the school district to allow an employee of the school district to transport the students in the employee's motor vehicle and be reimbursed as per policy.
Employees who transport students for school purposes must have the permission of the superintendent or designee.
This policy statement applies to transportation of students for school purposes in addition to the regular bus route transporting students to and from their designated attendance center.
Legal Reference: Iowa Code chs. 285; 321 (1995).
Cross Reference: 401.7 Employee Travel Compensation
711 Transportation
904.1 Transporting of Students in Private Vehicles
Approved: 2/97 Revised: 8/13 Reviewed: 8/20
EMPLOYEE TRAVEL COMPENSATION
Employees traveling on behalf of the school district and performing approved school district business will be reimbursed for their actual and necessary expenses. Actual and necessary travel expenses shall include, but not be limited to, transportation and/or mileage costs(only when a district vehicle is not available), lodging expenses, meal expenses and registration costs.
Travel Outside the School District
Travel outside of the school district must be pre-approved. Pre-approval shall include an evaluation of the necessity of the travel, the reason for the travel and an estimate of the cost of the travel to qualify as approved school district business. Travel outside the school district by employees, other than the superintendent, shall be approved by the superintendent.
Reimbursement for actual and necessary expenses will be allowed for travel outside the school district if the employee received pre-approval for the travel. Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with a detailed receipt, other than a credit card receipt, indicating the date, purpose and nature of the expense for each claim item. In exceptional circumstances, the superintendent may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances shall be maintained as part of the school district's record of the claim.
A District employee shall be reimbursed for transportation and/or mileage cost only if a District vehicle is unavailable for the travel. If a school vehicle is available, but by personal preference the employee takes his/her own vehicle the transportation and/or mileage will not be reimburse by the District.
Failure to have a detailed receipt shall make the expense a personal expense. Personal expenses, including mileage, in excess of that required for the trip shall be reimbursed by the employee to the school district no later than 10 working days following the date of the expense.
Reimbursement for actual and necessary expenses for travel outside the school district will be limited to the pre-approved expenses. Pre-approved expenses for registration shall be limited to the actual cost of the registration.
Pre-approved expenses for transportation within three-hundred miles of the school district administrative office shall be by automobile. If a school district vehicle is not available, the employee will be reimbursed at the state rate per mile. Pre-approved expenses for transportation outside of three-hundred miles of the school district administrative office may be by public carrier. Reimbursement for air travel shall be at the tourist class fares. Should an employee choose to travel by automobile, reimbursement shall be limited to the public carrier amount. Pre-approved expenses for transportation in a rental car is limited to the cost of a Class "C" rental car at a medium priced agency unless the number of people traveling on behalf of the school district warrants a larger vehicle.
Pre-approved expense for lodging outside the state is limited to the rate of a medium priced hotel in the area. Lodging may be pre-approved for a larger amount if special circumstances require the employee to stay at a particular hotel. Pre-approved expenses for meals (not to include alcoholic beverages) are limited to a per diem of $35 for full day commitments. Meals may be pre-approved for a larger amount by the Board or superintendent. The administrative team is expected to incur reasonable expenses when performing school district responsibilities outside of the district.
Travel Within the School District
Employees required to travel in their personal vehicle between school district buildings to carry out the duties of their position may be reimbursed at the state rate per mile. It shall be the responsibility of the superintendent to approve travel within the school district by employees. It shall be the responsibility of the Board to review the travel within the school district by the superintendent through the board's audit and approval process.
Employees who are allowed an in-school district travel allowance shall have the amount of the allowance actually received during each calendar year included on the employee's W-2 form as taxable income according to the Internal Revenue Code.
The superintendent shall be responsible for developing administrative regulations regarding actual and necessary expenses, in-school district travel allowances and assignment of school district vehicles. The administrative regulations shall include the appropriate forms to be filed for reimbursement to the employee from the school district and the procedures for obtaining approval for travel outside of and within the school district.
Legal Reference: Iowa Constitution, Art. III, § 31.
Iowa Code §§ 70A.9-.11 (1995).
1980 Op. Att'y Gen. 512.
Cross Reference: 216.3 Board of Directors' Member Compensation and Expenses
401.6 Transporting of Students by Employees
401.10 Credit Cards
904.1 Transporting Students in Private Vehicles
Approved: 2/10/97 Revised: 8/20 Reviewed: 8/20
RECOGNITION FOR SERVICE OF EMPLOYEES
The Board recognizes and appreciates the service of its employees. Employees who retire or resign may be honored by the Board, administration and staff in an appropriate manner.
If the form of honor thought appropriate by the administration and employees involves unusual expense to the school district, the superintendent shall seek prior approval from the Board.
Legal Reference: Iowa Const. Art. III, § 31.
Iowa Code § 279.8 (1995).
1980 Op. Att'y Gen. 102.
Cross Reference: 407 Licensed Employee Termination of Employment
413 Classified Employee Termination of Employment
Approved: 2/97 Reviewed: 8/20
EMPLOYEE POLITICAL ACTIVITY
Employees shall not engage in political activity upon property under the jurisdiction of the board. Activities including, but not limited to, posting of political circulars or petitions, the distribution of political circulars or petitions, the collection of or solicitation for campaign funds, solicitation for campaign workers, and the use of students for writing or addressing political materials, or the distribution of such materials to or by students are specifically prohibited.
Violation of this policy may be grounds for disciplinary action.
Legal Reference: Iowa Code 55; 279.8 (1995)
Cross Reference: 409.5 Licensed Employee Political Leave
414.5 Classified Employee Political Leave
Approved: 2/97 Reviewed: 8/20