Series 4000: District Employment

The Board, in its sole discretion, may determine that a reduction in force of a Non Exempt Staff member is appropriate due to curricular, fiscal, personnel management, or other operating conditions. A reduction in force may consist of a reduction of hours or personnel. Reductions in force and recalls are subject to Board approval.

A. Staff Subject to a Collective Bargaining Agreement or Individual Employment Contract

If the Board determines that a reduction of Non-Exempt Staff governed by a collective bargaining agreement or individual employment contract is necessary, the Superintendent will implement a reduction in force in conformance with the applicable agreement(s).

B. Non-Exempt Staff Not Subject to a Collective Bargaining Agreement or Individual Employment Contract Containing Reduction and Recall Provisions

1.Reduction in Force

The Superintendent or designee will make reduction in force recommendations to the Board. The Superintendent’s or designee’s recommendation to the Board may consider the following criteria for reduction, which are not in order of priority or weight:

a. programs and services to be offered;

b. employee qualifications, abilities, skills, and education;

c. federal, state, and local funding;

d. employment experience that is relevant to an assignment;

e. federal and state laws or regulations that may mandate certain employment practices;

f. special or advanced training that would be of present or future value to the District;

g. the organizational and educational effect caused by a reduction of Non Exempt Staff member(s);

h. formal and informal evaluation of Non-Exempt Staff performance by a supervisor;

i. length of service with the District and within a classification; and

j. any other criteria that are rationally related to providing effective support services and operation of or administration of the District, such as discipline record and compliance with attendance Policies and procedures.

2. Notification

Notice will be provided as follows:

a. Before the Board considers a reduction in force, the Superintendent or designee will notify, in writing, each affected non-exempt staff member that the Superintendent or designee is recommending a reduction in force or hours that would affect the non-exempt staff member and the date and time of the Board meeting at which the Board will consider the reduction in force.

b. After the Board’s decision on reduction in force, the Superintendent or designee will provide written notice of the Board’s action to the affected non-exempt staff member(s).

c. A non-exempt staff member who is subject to a reduction in force must, during the period which the member is eligible for recall, provide the District with an accurate residential address, email address, and phone number and report any subsequent change in the employee’s contact information. Failure to maintain current contact information may be deemed a waiver of recall rights.

d. The District may allow a laid off non-exempt staff member to be included on the District’s list of substitutes at the Superintendent’s or designee’s discretion. If the District uses a laid off non-exempt staff member as a substitute, remuneration will be determined by the District or an applicable collective bargaining agreement.

C. Recall

A Non-Exempt Staff member subject to a reduction in force as described above will have preferred rights to recall to employment for a period of 12 months commencing on the date that the District implemented the reduction in force. The Non-Exempt Staff member will be recalled to any position within the member’s classification. Recall decisions will be based on the criteria specified in subsection B.1 of this Policy.

A Non-Exempt Staff member who declines an offer of recall to a position comparable to that held at the time of layoff or for which he/she is otherwise qualified will be removed from the recall list and will forfeit any further employment rights with the District.

A Non-Exempt Staff member must respond within 10 days after the date the District sent notice of recall. Failure to do so may be deemed a waiver of recall rights.

Legal authority: MCL 380.11a(3), 380.601a

Date adopted: 08/09/2021

Date revised: 06/19/2023