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Lorain Academic Distress Commission Lorain, OH Resolution No

RESOLUTION TO DECLARE UNENFORCEABLE THE USE OF REDUCTION IN FORCE DISPLACEMENT PROCEDURES, “BUMPING RIGHTS”, FOR ADMINISTRATIVE PERSONNEL AND TO PROHIBIT THE FUTURE USE OF REDUCTION IN FORCE DISPLACEMENT PROCEDURES, “BUMPING RIGHTS”, FOR ADMINISTRATIVE PERSONNEL

WHEREAS, in order to assist the Lorain City School District (the “District”) to improve the District’s academic performance and pursuant to R.C. 3302.10 the Superintendent of Public Instruction established the Academic Distress Commission for the Lorain City School District (the “Commission”); and

WHEREAS, pursuant to R.C. 3302.10 the Commission has adopted an Academic Recovery Plan (the “ARP”) for the District which contains short-term and long-term goals for the District to assist the District in improving academic performance, and the State Superintendent of Public Instruction has approved such Commission actions; and

WHEREAS, within the ARP, the Commission and the Ohio Department of Education (the “ODE”) identify the need to implement high quality criteria for administrators and teachers, to ensure the hiring and placement of high quality staff in the most effective positions to ensure increases in student achievement; and

WHEREAS, within the ARP, the Commission identifies the need to implement a plan to provide high quality instruction by reassigning teachers and administrators to best utilize professional skills to increase student achievement; and

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WHEREAS, the Commission takes notice that R.C. 3302.10 (J)(1) and (2) provide in pertinent

part that the Commission may appoint school building administrators and reassign administrative

personnel as well as terminate the contracts of administrators and administrative personnel

without the need to comply with R.C. 3319.16 requirements.

WHEREAS, the Commission takes notice that R.C. 3302.10(K) provides that if the board of

education of the District renews any collective bargaining agreement under Chapter 4117 of the

Revised Code during the existence of the Commission, the District board shall not enter into any

agreement that would render any decision of the commission unenforceable; and

WHEREAS, the Commission takes notice that R.C. 3302.10(K) provides further that if the

District board of education has entered into a collective bargaining agreement after September

29, 2005, that contains stipulations relinquishing one or more of the rights or responsibilities

listed in division (C) of section 4117.08 of the Revised Code, those stipulations are not

enforceable and the District board shall resume holding those rights or responsibilities as if it had

not relinquished them in that agreement until such time as both the Commission ceases to exist

and the District board agrees to relinquish those rights or responsibilities in a new collective

bargaining agreement.

WHEREAS, the Commission takes notice that R.C. 4117.08(C) includes the right and

responsibility of a public employer to,

(1) Determine matters of inherent managerial policy which include, but are not limited to areas of discretion or policy such as the functions and programs of the public employer, standards of services, its overall budget, utilization of technology, and organizational structure; and

(2) Direct, supervise, evaluate, or hire employees; and

(3) Maintain and improve the efficiency and effectiveness of governmental operations; and

(4) Determine the overall methods, process, means, or personnel by which governmental operations are to be conducted; and

(5) Suspend, discipline, demote, or discharge for just cause, or lay off, transfer, assign, schedule, promote, or retain employees; and

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(6) Determine the adequacy of the work force; and

(7) Determine the overall mission of the employer as a unit of government; and

(8) Effectively manage the work force; and

(9) Take actions to carry out the mission of the public employer as a governmental unit.

WHEREAS, the current Negotiated Agreement, (the “LAA Agreement”) between the District

board of education and the Lorain Administrator’s Association, (the “LAA”) contains a

provision that administrators displaced by a Reduction In Force “* * * can “bump” the least

senior administrator, first, in a previously held classification* * *”, and “Administrators shall

“bump” back through previously held classifications in the same sequence as they were

promoted.” (LAA Agreement, Art. X, Section (F)(1)).

WHEREAS, the Commission finds that the “bumping” rights granted to administrators are

inconsistent with, and contrary to the District’s needs identified in the ARP goals, to wit:

(1) the need to implement high quality criteria for administrators to ensure the hiring and placement of high quality staff in the most effective positions to ensure increases in student achievement; and

(2) the need to implement a plan to provide high quality instruction by reassigning administrators to best utilize professional skills to increase student achievement.

FURTHERMORE, the Commission finds that the “bumping” rights provided in the LAA

Agreement, Article X, relinquish rights and responsibilities reserved to the District Board in R.C.

4117.08(C).

NOW THEREFORE BE IT RESOLVED that the Commission exercises the authority granted to

them in RC 3302.10(K) and declares that the “bumping” provisions found in the LAA

Agreement, Art. X, Section (F)(1) are not enforceable and that the District Board of Education

shall resume holding those rights as if it had not relinquished them in that agreement;

FURTHERMORE, the Commission directs the District Board of Education to refrain from

renewing or entering into new collective bargaining agreements with the LAA that contain the

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“bumping” provisions which are now, and will prospectively be, unenforceable. This effective date of this resolution is July 1, 2014.

WHEREFORE, the foregoing Resolution was moved by

seconded by

2014, upon roll call further resulting in

,

and duly adopted on

yeas

and

nays.

,

,

Roll-Call Vote

Yea

Nay

William Zelei

Henry Patterson

Cathy Dietlin

Rosa Hainaj

Raul Ramos

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