4035 - Appointment - All Employees and Contractors

Adoption Date: 07/02/2019

Revision History: Reviewed 12/14/2020

A. It is the policy of the Board of Education that the election of all employees shall be by action of the Board of Education upon recommendation of the superintendent of schools or designee without regard to race, color, national origin, religion, sex (including pregnancy), marital status, sexual orientation, disability, age, genetic information, gender identity, gender expression, citizenship status, veteran status, political affiliation or economic status. Nominations for election shall be made by the superintendent or designee, who shall review all information and recommendations bearing upon all applications. Such nomination and election of employees shall be subject to the provisions of the laws of the United States, the state of Nebraska as well as these policies and regulations.

B. It is the policy of the Board of Education that the superintendent or designee may employ substitute teachers and other temporary employees as defined in these policies and regulations without election by the Board of Education where such emergency employment is necessary for the welfare of the schools or where the property of the school district may be seriously endangered.

C. It is the policy of Board of Education to comply with the provisions of the Immigration Reform and Control Act of 1986 and the employment verification laws of the State of Nebraska, as amended from time to time. All new or rehired employees, regardless of employment status, will be required to complete the federal government’s Form I-9 and to provide evidence of their eligibility for employment in the United States. Under Nebraska Revised Statute section 4-114, the school district is required to register with and use a federal program authorized to verify the work eligibility of all new employees and shall comply by using the E-Verify Program. These policies apply to all newly hired or rehired employees, regardless of nationality, citizenship, or employment status.

Pursuant to Nebraska Revised Statute section 4-114, OPS shall require by contract that each contractor and subcontractor use an electronic verification (E-Verify) system for new employees physically performing services within the State. Contractors and subcontractors who are individuals or sole proprietorships having no employees shall sign the attestation form required by the State. OPS shall require by contract that each contractor and subcontractor submit to OPS, prior to the commencement of any work or upon request, an affidavit verifying compliance with the provisions of Nebraska Revised Statute section 4-114.

D. It Is the policy of the Board of Education to comply with the Nebraska Employee Classification Act, Neb. Rev. Stat. sections 48-2901 to 48-2912, as it applies to political subdivisions. Pursuant to Neb. Rev. Stat. 48-2911, OPS shall require by contract that each construction and delivery services contractor and subcontractor submit to OPS an affidavit attesting that (1) each individual performing construction and delivery services is properly classified under the Employee Classification Act, (2) construction and delivery services contractor or subcontractor has completed a federal I-9 immigration form and has such form on file for each employee performing services, (3) construction and delivery services contractor or subcontractor has complied with section 4-114, (4) construction and delivery services contractor or subcontractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker, and (5) as of the date of the construction and delivery services contract or subcontract, construction and delivery services contractor or subcontractor is not barred from contracting with the State of Nebraska or any political subdivision of the State pursuant to section 48-2912. The contractor is required to complete and submit the affidavit required in this section prior to the commencement of any work or upon request.

E. It is the policy of the Board of Education to require by contract that each construction contractor and subcontractor complete criminal record checks on all employees who work on OPS premises and who will be visiting an OPS project site. Employees of a contractor or subcontractor who have been convicted of a violent or serious felony, including crimes that require registration on the National Sexual Offender Registry or on an abuse/neglect registry, will not be allowed to on OPS premises. OPS shall require by contract that each construction contractor and subcontractor complete OPS’ Criminal Records Check Certification and submit it to OPS prior to the commencement of any work or upon request.

F. It is the policy of the Board of Education that all employment contracts, including the employment contract of the Superintendent, all negotiated agreements related to terms of employment of any and all employees, all meet and confer agreements related to terms of employment of any and all employees, and all memoranda of understanding or other amendments to such agreements shall be placed on file in the Offices of Human Resources by the Superintendent or his or her designee.

The employment contract of the Superintendent, negotiated agreements, meet and confer agreements, memoranda of understanding and amendments to such contracts and agreements shall be reviewed, prior to Board approval, by legal counsel for the district. The Board of Education shall approve any changes to negotiate agreements or terms and conditions of employment for meet and confer groups.

A copy of all negotiated agreements related to terms of employment of any and all employees, a copy of all meet and confer agreements related to terms of employment of any and all employee, and a full copy of the employment contract of the Superintendent shall be provided, by the Superintendent, to each Board Member upon execution of such agreement or contract.

Any employment contract with terms for compensation that span more than one fiscal year shall be forwarded from the Human Resources Department to the Manager of Compensation and Benefits. The Manager of Compensation and Benefits shall calculate the amount of any compensation or benefit expenses which would be accrued into future fiscal years. This calculated accrued liability will annually be provided to the Board of Education as a specific report, and will be provided to the Chief Financial Officer for the purposes of reporting the liability in the audited year-end financial statements of the district and for utilization in budget development processes.