| ARTICLE VI: VACANCY, HIRING AND TRANSFER SECTION A:
Three Phase Hiring Process:
Phases I and II in the Memorandum of Understanding (MOU) entitled Three-Phase
Hiring Process (located in the MOU section) shall supersede Section B:
General Description and Sections VI. D, VI.E.4 a and b, VI.E.5.a and b,
and VI.E.6.c below for the 2005-06 and 2006-07 school years. After that
time, if the parties do not renegotiate the terms of the MOU, the terms
of Article VI will be effective.
SECTION B: General Description of the Vacancy, Hiring
and Transfer Processes
Section VI.B is a general explanation and, as such, is not grievable.
The following description applies both to the Spring Staffing Process
for vacancies that occur for the following school year and to vacancies
that occur during the school year:
1. Potential vacancies are identified by principals/program managers.
2. Once a potential vacancy is identified, the principal/program manager
completes a Request to Staff a Vacant Position (RSVP) form.
3. The RSVP form is sent through an extensive approval process.
4. After a vacancy has been approved as valid, it is sent to Employment
Services for action.
5. Employment Services generally acts on vacancies in the following order:
• Placing those with return rights (during the work year)
• Placing those with 504 accommodation needs
• Placing those with return rights and displaced employees (including
those from Option Transfer) using In-Person Staffing, then selection in
seniority order
• Laid-off employees are recalled and placed
• Any remaining vacancies are advertised and open to voluntary transfer
• Any remaining vacancies are available to inside and outside-SPS
applicants
Administrative Transfers are placed as the need arises.
The provisions of Articles VI and VII describe the staffing processes
in greater detail and are grievable unless otherwise noted.
SECTION C: Vacancies
1. The SPS has the legal responsibility to establish the educational
programs, services, and staff in accordance with the SPS's basic educational
goals and program continuity consistent with the financial resources available.
The SPS has the authority to make necessary adjustments in the SPS's staff
to be consistent with financial resources available and the programs and
services which it determines to provide, subject to the provisions of
this Agreement.
2. All vacancies in regular classified positions covered by this Agreement
will be advertised. Excluded from this process are vacant positions subject
to the provisions of Sections VII.G Layoff, VII.H Exemption Process, VII.J
Placement of Displaced Staff, and VII.K Reemployment of Laid Off Employees.
3 Principals/program managers shall file a Request to Staff a Vacant
Position (RSVP) upon knowledge that a vacancy has occurred. The SPS shall
not unreasonably delay in establishing a permanent position for any reason,
including to hold or save a position or potential position for a particular
less senior unassigned employee. Delays for necessary and unavoidable
reasons shall be approved by the District-level administrator. Delays
for unnecessary or avoidable reasons shall be disapproved by the District-level
administrator.
SECTION D: Career Ladder Promotions
It shall be a goal of the SPS to provide members of the bargaining unit
with the opportunity to advance to more responsible positions, subject
to the limitations of Sections VI E, F and G below: regarding Transfers.
1. A career ladder shall exist within the bargaining unit and related
classified staff employment categories that shall provide preferential
consideration for those who have demonstrated quality performance over
a period of time and have appropriate training and experience for a more
responsible position, classified and/or certificated.
2. Upon completion of formal training requirements for a particular position,
an employee who has demonstrated quality performance over a period of
time shall receive priority consideration for promotion.
3. The SPS and the SEA recognize the need for career development opportunities
for employees to improve their abilities and skills and to advance to
more responsible positions.
4. An employee who transitions from classified to certificated
non-supervisory work will be credited with seniority for displacement
and lay-off/recall purposes equal to their years of accrued SPS classified
seniority in January of the first year of certificated non-supervisory
work.
SECTION E: Voluntary Transfers
1. The basic consideration in the assignment of employees in the Seattle
Public Schools is the well being of students, continuity, and specific
needs of SPS programs. The appropriateness of the assignment will have
a significant impact on the morale of employees and the effectiveness
of the total educational program. Compliance with Title VII of the Civil
Rights Act of 1964, Title IX of the 1972 Amendments, Section 504 of the
Rehabilitation Act of 1973, and the Affirmative Action goals of the SPS
shall have consideration in placement and transfer of employees.
2. Employees who are on probation are prohibited from
transferring from one site or assignment to another site or assignment
without the approval of the principal/program managers of the schools/buildings
and/or the appropriate education directors. The SPS will notify the SEA
of any transfers proposed for employees that are on probation.
3. Voluntary transfers which involve no increase in SP Salary Schedule
level, hours and/or work year shall be available only to those employees
who have been in their current assignments for a minimum of one (1) complete
semester. There shall be no one-semester time limit on transfers which
involve an increase in SP Salary Schedule level, hours and/or work year.
Employees with return rights to previously held positions are not required
to remain in a placement for one semester if the opportunity to return
to the previously held position arises. The provisions of this Section
shall not apply to employees serving in an assignment due to involuntary
transfer.
4. Application Procedure for Voluntary Transfer to Vacant Positions
a. To be considered an applicant for specific advertised position vacancies,
eligible employees, as described in Section VI.C.2 above, shall consult
the SPS Employment website for application information.
b. Employment Services shall determine whether applicants meet the required
minimum qualifications, as written on the job descriptions. Employment
Services shall notify the principal/program manager of the vacant position
of those applicants to be interviewed within five (5) working days of
the closing date of the advertised position. Applicants who do not receive
an invitation to be interviewed should assume they will not be interviewed.
c. If the interview is scheduled during the employee's workday, that
interview will be without loss of pay to the employee. The employee will
minimize travel time to and from the interview. Substitutes will not be
provided.
5. Selection Procedures
a. Referral Process: Employment Services shall refer the six (6) most
senior applicants who meet the minimum qualifications as written on the
job announcement, to the appropriate administrator for an interview, provided
that:
If fewer than six (6) applicants, who are regular employees, meet the
minimum qualifications for the position, Employment Services shall refer
those additional applicants to a total of six (6) who most strongly exhibit
the minimum and desired qualifications. In the event that an applicant
is a substitute who has served as a SPS substitute for a minimum of six
(6) months or 160 hours, whichever is less, and has equal or greater qualifications
(minimum and desired), the substitute will receive priority consideration
over outside-SPS applicants for inclusion in the list of six (6).
b. Classified Alternative Selection Process (CASP):
(1) The decision to use this process must be by a 2/3 vote of the SEA-represented
building staff. Non-school programs may utilize this process by a 2/3
vote of the SEA-represented program staff. This vote shall be taken at
the beginning of the work year and is binding for subsequent vacancies
that occur during that work year.
(2) Salary Schedule SP 15, 16, 17, 18, and 19 Positions
Employment Services shall refer six (6) applicants who meet the minimum
qualifications for SP 15, 16, 17, 18 and 19 positions as written on the
job announcement. The pool of six (6) qualified applicants shall be made
up of the four (4) most senior employees, and two (2) applicants designated
by the SPS. The two (2) applicants designated by the SPS may either be
non-SPS applicants or current substitutes or a combination of both. In
the event that there are less than four (4) senior employees, then the
list shall be supplemented with additional names of substitutes and/or
non-SPS applicants to a total of six (6). If there are not enough substitutes
or non SPS applicants, fewer than six (6) applicants may be interviewed.
(3) Salary Schedule SP 20 and 21 Positions
Only current FTE bargaining unit employees may apply for SP 20 and 21
level positions. Employment Services shall screen all applications and
refer those applicants who meet the qualifications to the building interview
committee. The building interview committee shall interview the top three
(3) senior qualified applicants, and it shall select three (3) additional
qualified applicants from the pool supplied to it by Employment Services.
If there are fewer than six (6) applicants, fewer applicants may be interviewed.
(4) The make up of the selection committee will be
as follows:
(a) Two (2) building staff, selected by SEA-represented employees. At
least one (1) shall be a classified employee.
(b) The principal/program manager shall normally be a member of the committee
and shall designate one (1) additional person. In the event the principal/program
manager is unable to serve, he/she shall designate another person to serve
in his/her behalf.
(c) Each building shall vote to determine if there will be participation
by the site council or PTSA. In the event that the building decides to
involve either the site council or PTSA, then they shall have one (1)
PTSA or site council member on the committee. If the building decides
not to include the site council or PTSA, then the committee shall be made
up of the two (2) members designated by the SEA and the principal/program
manager and his/her designee.
(5) The selection committee shall participate in a joint SEA/SPS interview
training program (no less than one hour) relating to legal and procedural
issues in employee selection.
(6) The selection committee shall interview the candidates. The committee
shall select a candidate and submit their recommendation to Employment
Services which will make the offer of employment.
(7) The selection committee shall attempt to reach consensus, but in
the event consensus cannot be reached, the decision will be made by majority.
The committee shall have full authority to select any of the six (6) qualified
applicants.
(8) The CASP process is a good faith effort to transfer responsibility
to the buildings for the hiring of classified staff. Both sides are free
to present suggested modifications for succeeding collective bargaining
agreements.
(9) Information Supplied to SEA: For each position that is filled through
the CASP process, Employment Services shall supply to the SEA the names
of the individuals who were interviewed and the name of the person who
was hired for the position.
c. The applicants interviewed and not selected in processes described
in Sections 5.a. and b. above shall be notified by a representative from
the interview team within five (5) working days of the action taken to
fill the position.
d. Once a position has been advertised as a specific position vacancy,
the SPS shall not fill such a position with an administrative transfer.
6. Option Transfer (Voluntary Displacement)
a. An option transfer request is submitted when employees wish to vacate
their current positions and voluntarily displace themselves during spring
staffing for vacancies which become available for the subsequent work
year. These vacated positions are available for selection by other personnel
who have been displaced and/or have requested option transfers.
b. An option transfer request is submitted during the spring staffing
process.
c. Staff selecting option transfer will be placed in new positions using
the same process used to place displaced employees described in Section
VII.J.
SECTION F: Administrative Transfer
1. Guidelines for Administrative Transfers:
a. The SPS has the legal responsibility to establish the educational
programs, services and staff in accordance with the SPS's basic educational
goals and program continuity consistent with the financial resources available.
The SPS has the authority to make necessary adjustments in the SPS's educational
programs, services and staff to be consistent with financial resources
available and the provisions of this Agreement.
b. The appropriateness of the assignment of employees has a significant
impact on the morale of the employee and his/her effectiveness in the
total educational program.
c. The SPS shall comply with Title VII of the Civil
Rights Act of 1964, Title IX of the 1972 Amendments, Section 504 of the
Rehabilitation Act of 1973, and the Affirmative Action goals of the SPS
in placing and transferring employees.
d. The SPS and SEA may agree that it is in the best interest of the employee,
the site, students and the SPS to transfer an employee from his/her assignment
or building. When there is such agreement by SPS and SEA the decision
is not grievable.
2. Transfer by Administrative Decision:
a. Employees who are transferred by administrative decision for the following
year shall be notified in writing as soon as practicable, but no later
than June 1st of the school year. Employees who are to be transferred
at other times shall be given at least one (1) week's notice. The written
notification shall include the reasons for the transfer.
b. The building principal/program manager will confer with the individual
tentatively selected for administrative transfer, shall provide tentative
notice of transfer in writing, and shall provide the employee with an
opportunity to comment.
c. Criteria listed in Section VI.F.1 above shall be utilized for administrative
transfer.
d. An employee who is selected to transfer as a result of administrative
decision after the beginning of the school year shall be assigned to a
position as expeditiously as possible. Unless there are some unusual circumstances,
he/she will remain in the original assignment until a position is available.
SECTION G: Academic Summer Semester
First priority for hiring to the regular academic summer semester shall
be given to qualified applicants who did not work in the regular academic
summer semester during the preceding summer.
SECTION H: Assignment and Letters of Employment
1. New and voluntarily transferred employees assigned to a position must
work in the assignment designated on the RSVP for a minimum of one semester,
unless selected for a promotional position. Exceptions will be made only
for necessary program changes and must be approved/disapproved by the
District-level administrator.
2. Each new employee shall receive a job description and a form providing
the following information:
a. Employee's name;
b. Job Title;
c. Salary placement on the SAEOP and Paraprofessional Employees Salary
Schedules (Appendices A-1 through A-3);
d. Authorized work year;
e. Number of hours authorized per day; and,
f. Work location.
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