MOU THREE-PHASE HIRING

MEMORANDA OF UNDERSTANDING
Between the
SEATTLE PUBLIC SCHOOLS AND THE SEATTLE EDUCATION ASSOCIATION
Regarding
THREE-PHASE HIRING PROCESS FOR SEA REPRESENTED CLASSIFIED STAFF

These Memoranda of Understanding (MOUs) are entered into by the Seattle Public Schools (SPS) and the Seattle Education Association (SEA) representing the Seattle Association of Education Office Personnel (SAEOP) and Paraprofessional Staff (Parapro). They modify the 2004-06 and 2006-09 Collective Bargaining Agreements (CBAs) between the parties and are effective September 1, 2004 through August 31, 2006 and September 1, 2006 through August 31, 2009. They shall expire on August 31, 2006 and August 31, 2009 respectively unless otherwise renegotiated between the parties.

PURPOSE: The purpose of these MOUs is to authorize the pilot of a modified classified staffing process for the 2005-06 and 2006-07 school years. Beginning in fall 2006, the parties shall review the implementation of the pilot, to determine whether it should be continued, modified or a new process should be jointly created for the following year, to be operational for the 2007-08 school year. Further, the pilot described in this Memorandum may be modified by mutual consent after Fall 2006. These Memoranda of Understanding (MOUs) are entered into by the Seattle Public Schools (SPS) and the Seattle Education Association (SEA) representing the Seattle Association of Education Office Personnel (SAEOP) and Paraprofessional Staff (Parapro). They modify the 2004-06 and 2006-09 Collective Bargaining Agreements (CBAs) between the parties and are effective September 1, 2004 through August 31, 2006 and September 1, 2006 through August 31, 2009. They shall expire on August 31, 2006 and August 31, 2009 respectively unless otherwise renegotiated between the parties.

The goals of the pilot Three-Phase Hiring Process are as follows:
• Post RSVPs as early in the Spring Staffing process as possible
• Maximize opportunities for regular employees who are displaced or
transferring to apply for advertised positions (Phase I)
• Maximize the involvement of site-based hiring teams (Phase I)
• Prudently manage the displacement pool
• Notify employees of RIF by the end of April
• Complete most of the hiring by the last day of the school year (Phase I)

PHASE I (Site-Based Selection Process) May 1 through June 30

Application Process:

1. All vacant positions will be advertised for one week on the SPS Employment website (1st posting).
2. Candidates must meet the required qualifications on the job description. Position announcements may list desired qualifications beyond those listed on the job description, but they may not contain required qualifications beyond those contained on the job description.
3. Eligible applicants are limited to current employees in regular positions who have been retained or displaced for the following school year including those requesting option transfers.
4. An eligible applicant may only apply for a position with the same work year, FTE and verified job title as he/she currently holds; an applicant may apply for a position with a shorter work year or lesser FTE than he/she currently holds. Employees may not increase their FTE or length of work year during Phase I.
5. During Phase I, employees will apply for vacancies by completing a site-based application and submitting it to the school/program by the closing date. The Site Application will contain:
a. Name, contact phone number and/or email address
b. Current job title and work location
c. Current work year and FTE
d. Candidate’s approved list of verified job titles (sent to employees from Employment Services)
e. Additional information the candidate may wish to include that relates to the advertised position

Establishing Site-Based (or Program-Based) Hiring Teams:

1. The site-based team should reflect the diversity of the school/program in such areas of gender and ethnicity.
2. All members of hiring teams must participate in a joint SPS/SEA interview training session.

Site-Based Screening, Interview and Selection Process:

1. The principal/program manager submits an RSVP to fill a vacancy. RSVP’s may not contain required qualifications beyond those contained on the job description.
2. Site-based hiring teams screen applications, check eligibility, determine who to interview, interview, select a candidate to recommend for the position and notify Employment Services of their recommendation.
3. A candidate must meet all the required qualifications listed on the job description before desired qualifications are considered. Applicants who best meet the advertised criteria and qualifications of the position will be interviewed. There is no requirement to interview a specific number of candidates.
4. The seniority of an applicant shall not be discussed by the site-based hiring team, nor shall it be used as a discriminating factor in determining who to recommend for a position.
5. If no one is selected as a result of the 1st posting, the position must be posted until filled using the same procedures describe in # 1-5 above.
6. If no qualified applicants apply, the position must be re-posted.
7. If no applicant is selected by June 1st, the position will be re-advertised; any current employee who holds the verified job title and same FTE of the position, regardless of length of work year, may apply.
8. The supervising principal/program manager will submit a Recommendation for Hire Form to Employment Services. The employment analyst will verify that the candidate meets the minimum qualifications and make the official job offer.
9. If a school/program makes a recommendation for placement, Employment Services shall make the job offer within 24 hours.
10. If a candidate is recommended by more than one school/program, the candidate has the right to choose which position to accept.
11. Employees hired through this process must remain in their positions for at least one semester unless
• they have an opportunity for promotion, i.e. increase FTE, work year and/or pay level, or
• they are eligible for return rights to a previous position.
12. As candidates are selected and their positions, in turn, become vacant for the following year, the school/program shall promptly post the vacated positions via the electronic RSVP process. Schools/programs shall not eliminate vacated positions or change their salary levels, hours or work years.

Mini-Job Fair:

1. Prior to the Mini-Job Fair described below, Employment Services will contact employees with 504 accommodation needs in seniority order to apprise them of remaining vacancies with the same job title as they hold or job titles on their verified job title list; they may select or will be assigned to positions at this time.
2. On the last scheduled workday of the school year, SPS will hold a Mini-Job Fair to enable displaced employees to seek positions. Schools/programs will be present to conduct informal interviews. Only displaced (including option transfer) employees may participate in the Mini-Job Fair, and they are eligible to be considered only for vacant positions in their current and/or verified job titles and FTE. Employees cannot increase their FTE at this time, but may reduce their FTE or work year.
3. The seniority of an applicant shall not be discussed by the site-based hiring team, nor shall it be used as a discriminating factor in determining who to recommend for a position.
4. All vacant positions will be held after the Mini-Job Fair until Phase II.

PHASE II (Placement of Displaced Staff) August 1 until remaining displaced employees are placed

1. Prior to August 1, all remaining displaced employees will be notified in writing of the process for placement of remaining displaced employees (Phase II). Included will be a form the displaced employee shall complete and return to Employment Services no later than August 1 that informs the SPS of home phone number, alternate phone number and/or a designee authorized to select a position in the employee’s absence and the designee’s phone number.
2. During Phase II all vacant positions will be posted on the SPS Employment website. There will a clear distinction between positions available to displaced employees and those available to all candidates.
3. Beginning August 1 Employment Services will call remaining displaced employees in seniority order to offer the remaining vacant positions.
4. If Employment Services attempts to contact a displaced employee or designee by phone and the employee or designee is not available, a message will be left with the job offer information, and 24 hours will be allowed for the employee or designee to respond. If the employee or designee does not respond within 24 hours, the next employee in seniority order will be contacted and allowed to select a position.
5. Employment Services will offer positions to a displaced employee in one of his/her verified job titles at the same pay level or below, regardless of FTE.
6. A displaced employee may decline job offers until he/she is least senior in the currently held job title. If, after being notified of his/her least senior status, the least senior employee declines the job offer, he/she shall be laid off and placed in the re-employment pool. However, if there is an available position in one of his/her verified job titles, he/she shall be assigned to that position and any difference in FTE shall be placed in the Classified Unassigned Pool (CUP).
7. Prior to Phase III below, Employment Services will recall laid-off employees to vacant positions for which they hold the verified job title, provided no displaced employee with the verified job title remains.

PHASE III

When there are no remaining displaced, laid off employees or employees with return rights to vacant positions, current regular employees and applicants from outside SPS may apply for any advertised vacancy for which they qualify according to Sections VI.C, D and E of the CBA. Candidates shall apply by sending a resume and cover letter to Employment Services by the closing date in order to be considered for a position according to the SPS normal application process. Phase III may begin in some job titles before others.

DISPLACED EMPLOYEES’ RETURN RIGHTS

• 1st Year: Displaced employees have the right to return to their previous position or to a position that restores their previous work year, FTE and pay level (a comparable position) if a vacancy in one of their verified job titles occurs before the end of the 1st semester of the school year following their displacement and they have submitted a completed Right to Return Request.
• 2nd Year: If their previous position or a comparable position as defined above does not become available by that time, they have the right to return to their previous or a comparable position during the 1st semester of the second year if a vacancy occurs in one of their verified job titles and they have submitted a completed Right to Return Request with the Staffing Packet in March of the first year following their displacement.

Start of the School Year: All displaced employees are required to begin work on the first day of his/her work year even if they have not yet been placed in a regular position. SPS will temporarily assign the employee to a work location or to a vacant substitute position until a regular position becomes available; the employee will retain his/her regular salary and benefits while on temporary assignment. Employment Services will continue offering positions in seniority order according to Phase II, numbers 1-4 above.

Upon placement in a regular position, the employee will assume the FTE, work year, job title and pay level of that regular position.

To the extent that these MOUs are in conflict with any provisions of the 2004-06 and 2006-09 Collective Bargaining Agreements between the parties, the agreements set forth in these MOUs shall control and any inconsistent provisions of the negotiated Collective Bargaining Agreements shall be deemed modified for the duration of these Memoranda of Understanding.

In witness whereof the parties hereto have executed this agreement this _______ day of ____________, 2004.

SEATTLE PUBLIC SCHOOLS SEATTLE EDUCATION ASSOCIATION

By: _________________________ By: __________________________
Raj Manhas, Superintendent Wendy Kimball, President

By: __________________________ By: _______________________________
Jane Westergaard-Nimocks Steve Pulkkinen,
Director of Human Resources Executive Director