4027 - Grievances and Complaints

Last Updated Date: 12/14/2020

Adoption Date: 07/06/2015

A. Grievances:

Grievances are complaints by an employee covered by a contract with the Omaha Public Schools via a negotiated agreement (a “covered employee”) that a term or condition of said contract has been violated by the school district. Grievances from covered employees shall be initiated in the following manner:

1. If the employee has a grievance, the employee shall, within twenty (20) working days of the incident or situation giving rise to the grievance, first discuss the matter with an immediate superior (at the building level the immediate superior is the principal) in an effort to resolve the problems informally. A representative of the association's staff may be invited by either party. If the subject of the grievance extends beyond the authority and jurisdiction of the immediate superior the employee may discuss the matter with the Chief Human Resources Officer or his/her designee, but shall do so within the same 20 day time-frame.

If the employee is not satisfied, the employee shall have the right to have an association representative's assistance in all further efforts to resolve the problem.

2. If the problem is not resolved through the aforesaid procedure, then within ten (10) working days following the discussion of the matter with the immediate superior or the Chief Human Resources Officer (or his/her designee), the aggrieved employee shall submit a formal grievance in writing to the principal or to the person to whom the aggrieved is directly responsible, explaining the precise nature of the alleged contract violation. The person to whom the grievance has been submitted shall have a reasonable period, not to exceed ten (10) working days, to render a decision and the reasons therefore in writing to both the aggrieved person and to the association.

3. If the aggrieved employee is not satisfied with the disposition of the grievance by the principal or the person to whom the aggrieved is directly responsible, the aggrieved employee may appeal to the superintendent of schools within ten (10) working days. Within ten (10) working days after the receipt of the written appeal, the superintendent or his/her designated representative/s shall provide a hearing with the aggrieved person.

The superintendent shall within ten (10) working days of the hearing render a decision and the reasons thereof in writing to the aggrieved person with copies to the association and to members of the Board of Education.

4. Should the aggrieved person so desire, the decision of the superintendent may be appealed to the Board of Education. Such a request should be sent to the Board of Education Director within twenty (20) working days of the receipt of the superintendent's decision in the matter. Such an appeal shall be in the form of a written request for a decision by the Board of Education and should contain all information and evidence the aggrieved person wishes the Board to consider. The Board of Education shall request all information and evidence the Superintendent wishes to submit in defense, which shall be submitted to the Board of Education within twenty (20) days of receipt of the request from the Board of Education Director. The Board of Education may choose to hold a hearing, which shall be heard by a committee of the board which shall be called the Ad Hoc Grievance Hearing Committee (hereinafter “Ad Hoc Committee”) to gather additional testimonial evidence or may choose to render a written opinion based upon the evidence before it. The Board of Education shall notify the aggrieved person within thirty (30) working days of receipt of an appeal as to whether it will be holding a hearing via Ad Hoc Committee to obtain additional testimony.

If the Board elects to respond in writing to the appeal without a hearing of an Ad Hoc Committee, the decision of the Board of Education shall be provided within thirty (30) days of the notice provided to the aggrieved party concerning whether there will be a hearing on the appeal. If the Board elects to hold a hearing via Ad Hoc Committee, such hearing shall be held within thirty (30) days of the notice provided to the aggrieved party that the Board will hear evidence via an Ad Hoc Committee.

The Ad Hoc Committee members shall be selected according to the following procedures:

a. All board members may be present as fully participating members at any meeting of the Ad Hoc Committee. Accordingly, the Board of Education Director, shall notify all Board Members of each meeting of the Ad Hoc Committee.

b. No Board Member may participate in the hearing unless he/she is present prior to any information being presented to the Ad Hoc Committee by the aggrieved party or his/her representatives.

c. It shall be the responsibility of the Board of Education Director to obtain the presence of at least three Board Members for each meeting of the Ad Hoc Committee.

d. The date and time for Ad Hoc Committee meetings shall be arranged by the Board of Education Director, with the parties and the Board Members. Each meeting of the Ad Hoc Committee shall be conducted by the President of the Board of Education if the President is present. In the absence of the president, the Vice President of the Board of Education shall conduct the meeting. In the absence of both the President and Vice President of the Board of Education, the Board of Education Director shall designate on a rotation basis another member of the Board of Education to act as chairperson. It shall be the responsibility of the chairperson to maintain appropriate order, announce the opening of the meeting, recognize and identify those persons present, and determine who may speak when.

The Board of Education Director shall attend all meetings and deliberations of the Board or of said Committee.

It shall be the duty of all Board Members to be impartial throughout the hearing before them.

Each meeting on an appeal shall be conducted according to the following procedures:

1. The chairperson shall open the meeting and announce that it will be conducted in accordance with the public meetings laws of Nebraska.

2. The chairperson shall then recognize and identify all those present.

3. The chairperson shall next determine whether the meeting should be conducted in executive session by giving the employee the opportunity to request a public hearing. If the employee requests a private hearing, then the Ad Hoc Committee shall go into executive session upon the motion of one member, the second of another and the affirmative vote of a majority of the members of the Ad Hoc Committee present on a roll call vote. Both the vote and the time of going into executive session shall be recorded by the Board of Education Director.

4. The chairperson shall then inform the parties about the function of the meeting, which is an opportunity to provide additional evidence to tell the Ad Hoc Committee in their own words why they think the decision of the Superintendent is erroneous.

The chairperson shall inform the parties what evidence is already before it in written form which need not be repeated. The chairperson shall inform the parties that no new information shall be considered by the Ad Hoc Committee unless such information qualifies as new evidence, which is evidence not presented earlier that is necessary to avoid a substantial threat of unfairness, provided that it has been given to the Board of Education Director at least 24 hours prior to the hearing. The chairperson shall then determine whether or not there is any new information. The chairperson shall call upon the submitter of the new information to explain why it should be admitted. Following the explanation, the Ad Hoc Committee shall vote on whether to hear the new information. If a majority of the Ad Hoc Committee do not vote to hear the new information, it shall not be received and it shall not be mentioned by either party.

5. The chairperson shall next call upon the employee and/or his/her representatives to tell the Board why the Superintendent’s decision is not correct, and to present any new information. The Superintendent and/or his/her representatives will be given an opportunity to ask questions and to cross-examine any witnesses. Board Members shall have the opportunity to ask questions upon the conclusion of the employee’s presentation.

6. The chairperson shall next call upon the Superintendent and/or his/her representatives to tell the Board why the Superintendent’s decision is correct, and to present any new information. The employee will be given an opportunity to ask questions and to cross-examine any witnesses. Board Members shall have the opportunity to ask questions upon the conclusion of the Superintendent’s presentation.

7. Following completion of the presentation by both parties, the Board Members may ask questions about any matter in the record before the Ad Hoc Committee.

8. Following questions by Board Members, each party shall be given an opportunity to make a closing statement. The chairperson shall thereafter close the meeting and inform the parties that the Ad Hoc Committee will deliberated privately on the appeal, and inform the parties of its decision thereafter by personal delivery or certified or registered mail. The decision of the Ad Hoc Committee must be based on the record before it. There is no appeal to the Board of Education from a decision of the Ad Hoc Committee.

B. Complaints:

A complaint from an employee concerning terms and conditions of employment and/or actions by administration that are not grievances shall be governed by the following procedures:

1. Certificated Employees: Following a recommendation by administration for disciplinary action with regard to an employee’s performance, if such recommendation is either suspension without pay and/or a recommendation that the certificated employee’s contract be cancelled, terminated, amended, or not renewed employment be terminated (including but not limited to recommendation for cancellation or termination of an employee’s teaching contract with the school district), certificated employees are provided certain methods by which to a request for a hearing before the Board of Education may be made. Such request procedures and such hearings rights and hearings shall be conducted pursuant to all statutory requirements.

2. Non-certificated Employees: Following a recommendation by administration for disciplinary action with regard to a non-certificated employee’s employment, such employee may appeal this via the following procedures:

a. The employee shall, within twenty (20) working days of the disciplinary action,
discuss the matter with an immediate superior (at the building level the immediate superior is the principal) in an effort to resolve the matter informally. If the subject of the concern extends beyond the authority and jurisdiction of the immediate superior the employee shall instead discuss the matter with the Chief Human Resources Officer or his/her designee, but shall do so within the same 20 day time-frame.

If the employee is not satisfied, the employee shall have the right to have an association representative's assistance in all further efforts to resolve the problem.

b. If the problem is not resolved through the aforesaid procedure, then within ten (10) working days following the discussion of the matter with the immediate superior or the Chief Human Resources Officer (or his/her designee), the employee shall submit a formal complaint in writing to the Superintendent and/or his representative/s.

c. Within ten (10) working days after the receipt of the written appeal, the Superintendent or his/her designated representative/s shall provide a hearing with the aggrieved person. The Superintendent shall within ten (10) working days of the hearing render a decision and the reasons thereof in writing to the aggrieved person with copies to the association and to members of the Board of Education.

3. Complaints against any employee which arise from within the membership of the Board of Education shall be referred to the superintendent for decision. No such complaint shall be considered by the Board of Education itself.

4. No complaint shall be considered by the Board of Education in any other manner.