Background Investigations and Reference Checks

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1 8.6 WORKING CONDITIONS The Superintendent of Schools will provide the working conditions for a sound educational program Conditions of Employment Immigration Reform Act Requirements All persons employed on or after November 7, 1986, will be required to prove their legal right to work in the United States as required by the United States Immigration and Control Act of Functional Capacity Evaluation for Job Placement-Post Offer After an offer of employment has been made, an applicant selected for a position may be required to complete a functional capacity evaluation to determine their ability to perform jobrelated functions and their fitness for duty. This functional capacity evaluation will be conducted by a physical therapist selected by the School District. The employment contract and commencement of work will be contingent upon the results of the evaluation. The cost for this evaluation will be assumed by the School District. This requirement shall not apply to substitutes and temporary employees or individuals employed under an increment contract Employee's Statement of Health The Socorro Consolidated Schools requires all new employees to complete and file with the School District an "Employee's Statement of Health" to determine pre-existing impairment(s) only after an offer of employment is made. If deemed necessary, the new employee may be asked to provide a physician's release Background Investigations and Reference Checks A. All Applicants for employment with the School District are subject to work history, education history, and reference investigations, including but not limited to substitutes and temporaries. Each such applicant will be subject to a criminal background investigation, including mandatory fingerprinting, at the candidate s expense, as a condition of further consideration for employment. The applicant must pay for the background investigation at the time of hire by cashier s check, money order or by authorizing payroll deduction. B. All applicants are subject to reference checks of all past or of the applicant s most recent past employers. As a condition of submitting an application for employment with the School District

2 and of consideration of the application by the Superintendent of Schools, the applicant will complete a release and wavier form releasing reference information from the applicant s past employers and waiving all claims against the applicant s past employers for providing such a reference. C. The release and waiver can be included in the School District s application form or in a separate document. No application for employment can be considered by the Superintendent unless the applicant has executed the release and waiver and a reference check of all past or of the applicant s most recent past employers has been completed and documented. D. All offers of employment are contingent upon the satisfactory completion of background investigations and reference checks. Criminal convictions shall not automatically bar an applicant from obtaining employment with the School District, but pursuant to the Criminal Offender Act, N.M. Stat. Ann and (1978) (as amended or recodified in the future), may be the basis for refusing employment. E. Criminal background checks, as described above, shall also be conducted upon each contractor or contractor s employee, at the expense of the contractor or contractor s employee, if the contractor or contractor s employee has unsupervised access to students. This also includes all bus drivers, aides, and their substitutes. In such cases, contracts shall be subject to the satisfactory completion of background checks and reference checks. F. The Superintendent or designee may also conduct the referenced background investigations, including reference checks of incumbent employees if the Superintendent becomes aware of facts, circumstances, or conduct that give rise to a reasonable suspicion that undisclosed aspects of the employee s background might disqualify him or her to continue in employment with the School District that were not known at the time employment was offered to the employee Health Requirements Communicable Diseases Any employee who is infected with any communicable disease dangerous to the public health will be excluded from all schools and gatherings of children during the prescribed period of recovery Medical Examination A. If at any time there is a question as to the ability of a school employee to perform the essential functions of his or her job, the Superintendent will require the employee s cooperation in having the employee s healthcare provider respond to the Superintendent s inquiries as to the employee s medical condition with regard to performing the essential functions of his or her job, including but not limited to, whether the employee can return to work and whether an accommodation is required, etc. There may be additional medical information required by the Superintendent in order for him or her to make an appropriate decision regarding the employee s employment.

3 B. If the School District is unsatisfied with the responses from the employee s healthcare provider or if there is reason to question the information provided, the Superintendent may require the employee to complete physical examination by a School District appointed doctor to be paid for by the School District. C. The United States Equal Employment Opportunity Commission has identified four situations under which a medical examination or inquiry will be considered job related and consistent with business necessity and, therefore, permissible. 1. When an employee wishes to return to work following an absence due to illness or injury. An examination or inquiry may be conducted to determine if the employee, with reasonable accommodation, can safely and effectively perform the essential functions of the job. 2. When an employee requests an accommodation. If an employee requests an accommodation on the basis of a claimed disability, an examination or inquiry may be conducted to determine if the employee is an "individual with a disability" to whom a duty of accommodation is owed and, if so, to help identify potential accommodations. 3. When an employee is having difficulty performing the job effectively. If an employee is having difficulty performing her/his job, the School District may require the employee to cooperation with an inquiry to the employee s healthcare provider or to undergo a medical examination to determine if the performance problems are a result of an underlying medical condition. 4. When the examination is required by federal law. Medical examinations or monitoring are required under certain circumstances by regulations issued by the Department of Transportation and the Occupational Safety and Health Administration. The School District may conduct voluntary medical examinations as part of an employee health or "wellness" program. All information obtained through medical inquiries or examinations must be treated as confidential. Thus, medical information must be kept in a confidential employee medical file, separate from other personnel information about the employee Blood Borne Pathogen Training The Socorro Consolidated Schools will conduct training on blood-borne pathogen in the workplace and ways to reduce the risk of exposure. This training will be conducted at the time of initial hire and at least once a year thereafter. Verification of this training will be placed on file in the Human Resources Office at the time of initial employment. This is in accordance with OSHA standard 29 CFR Time/Work Schedule Employees will meet the time schedule of the workday stipulated by the supervisor of the department, school, or office where the employee is assigned. Employees will be made aware of the workday schedule by the work site supervisor.

4 Administrative and Supervisory Staff Time Schedule Administrative and supervisory personnel assigned to schools or Central Office will observe an eight (8) hour work day unless special arrangements for different hours have been approved by the Superintendent. It is expected that hours of work of supervisory and administrative personnel will vary and extend as necessary to fulfill the requirements of the position Classified Staff Time Schedules The Superintendent, in consultation with appropriate directors and/or administrators, will establish work schedules for classified staff. The standard work week for administrative assistants, custodians, maintenance, and other Central Office support staff will be forty (40) hours, exclusive of time for lunch. The standard work week for educational assistants shall be thirty-three (33) hours and will correspond to that of the teacher. Classified employees are entitled to one (1) fifteen (15) minute break per every four (4) hours of work per day, not to be accumulated. Daily time schedules for the various employees will be established by the Superintendent in consultation with building administrators and/or directors Attendance and Punctuality It is the policy of the School District to encourage habits of good attendance and punctuality on the part of its employees whether they are classified as certified or non-certified. Unauthorized absences or tardiness will not be tolerated and may result in disciplinary action to include termination and discharge. A. Employees are expected to report to work whenever scheduled. They shall notify their supervisor in advance whenever they are unable to report to work on time. If their supervisor is unavailable, employees should contact the Human Resources Department. A failure to notify the school, department or administrative unit of any anticipated absence or delay in reporting for work will result in loss of compensation during the absence and may be grounds for disciplinary action to include termination and discharge. B. Employees must be at their work stations at the starting hour and at the prescribed time after breaks and meal periods. Employees who for any reason will be delayed more than a [no more than ten] few minutes in reporting for work are requested to call their supervisor promptly to explain the circumstances. C. Employees who are delayed in reporting for work more than thirty (30) minutes and who have not notified their supervisor of their expected tardiness may lose their right to work the balance of the work day. Those employees permitted to report to work late will be paid only for the time they actually work.

5 D. Excessive absenteeism and chronic tardiness are patterns of behavior that are easily identified. It is equally important that these behavior patterns be documented, and this is the worksite supervisor's responsibility. E. Employees who are absent from work for three (3) consecutive days without good cause and without giving notice to their immediate supervisor or the Superintendent of Schools shall be considered as having voluntarily resigned their position by abandonment of their position. Appropriate due process procedures would prevail on a case-by-case basis. F. Employees who leave the work site during the duty day must obtain permission from their immediate supervisor except for scheduled lunch breaks Work Load Employees will assume a workload and duty day commensurate with their position assignment. Employees will be required to assist at other duty stations if requested by their supervisor. Supervisors may assign support staff assistants to perform office responsibilities as required Staff Meetings Attendance at general staff meetings called by the Superintendent or building administrator is required of all employees Extra Duty Supervisors shall inform employees of before or after duty day activities which they are expected to attend. Employees desiring consideration for additional assignments in summer school will make the request in writing to the Director for Human Resources Travel Expenses The Board of Education will reimburse employees for expenses for travel in connection with School District business. Such travel to be approved by the Superintendent or designee in advance, and reimbursement shall not exceed Board established per diem and mileage rates Hours of Work

6 The Superintendent of Schools shall establish working hours as required by workload and the efficient management of personnel resources. A. Elementary schools, secondary schools, and administrative offices must be covered by the appropriate staff between the hours of 7:30 a.m. to 4:30 p.m. Monday through Friday of any work day unless an abbreviated schedule has been authorized by the Superintendent or designee. The duty day schedule for employees may be adjusted by the supervisor or Superintendent to accommodate work site or School District requirements. B. The payroll workweek is Monday through Sunday, beginning and ending at midnight on Sunday. The workweek for employees may vary dependent upon job classification. C. Employees exempt from the overtime provisions of the Fair Labor Standards Act are not required to sign-in at the beginning of the duty day or sign-out at the end of the duty day; however, all employees who work at more than one site will be required to sign-in/sign-out. Employees who leave the work site during the duty day must obtain permission from their immediate supervisor and/or sign-in/sign-out except during their designated meal period. D. Employees not exempt from the overtime provisions of the Fair Labor Standards Act may be required to sign-in at the beginning of the duty day and sign-out at the end of the duty day. The School District shall maintain the time records of these employees at Central Office. E. Employees assigned more than four (4) hours of daily work time shall have a minimum of thirty (30) minutes or a maximum of sixty (60) minutes unpaid meal period. An employee's meal period is determined and may be adjusted by their immediate supervisor. The meal period may not be used to shorten the workday. The workday for employees may vary dependent upon job classification. The schedule of hours for employees shall be determined by the supervisor of the work site where they are assigned. Employees shall be informed of their daily schedule by the supervisor. F. Attendance at seminars, lectures, meetings, and training programs are not considered as time worked if: 1. the employee's attendance is outside regular working hours; 2. the employee's attendance is voluntary, i.e., not required by the School District; 3. the course, seminar, lecture, or meeting is not directly related to the employee's job; and 4. the employee does not perform any productive work during such attendance. G. When a department is required to work more than one shift per day, the hours of work for each shift shall be determined by their immediate supervisor with approval of the Director for Human Resources.

7 H. When it is necessary for an employee to be absent, the employee must notify their immediate supervisor or designee in advance of the probable duration of the absence. CERTIFIED PERSONNEL A. Administrators, instructors, and other certified employees are classified as professionals. The U.S. Department of Labor classifies professionals as exempt employees not subject to the provisions of the Fair Labor Standards Act. B. When circumstances require a delayed start or an "abbreviated day" is declared by the Board or Superintendent, certified employees shall report for work thirty as outlined in Article 15D of the negotiated agreement. CLASSIFIED PERSONNEL A. Secretaries, custodians, maintenance personnel, warehouse personnel, and property control personnel work an eight (8) hour day, forty (40) hour week. Instructional, health, and library assistants work a six point six (6.6) hour day, thirty-three (33) hour workweek. Additional hours may be assigned as required by workload and will be compensated according to Fair Labor Standards Act. B. Time sheets will be kept by all classified employees. Employees may be required to record the beginning and ending hours worked at the close of each workday. The hours worked will be reported on a School District approved time. At the end of each pay period, employees will sign the time sheet and the supervisor or designee will sign the time sheet to verify the hours worked. Completed time sheets will be filed by the supervisor with the Payroll Department. Altering, falsifying or tampering with time records or recording time on another employee s time record may result in disciplinary action, up to and including termination and discharge. C. Classified employees may be assigned to night shifts by their immediate supervisor based upon work requirements. The supervisor will consider volunteers for night shift work; however, the supervisor will make the final decision on who is assigned. A night shift differential assignment must be for a minimum of three (3) months in order for the employee to gain the benefit of the pay differential. D. When school is delayed due to inclement weather conditions, employees' reporting time will be delayed the same amount of time as the students' reporting time (i.e., a two-hour delay means that staff members shall report two hours later than their normal reporting time). An allowance for reasonable late arrival of a classified employee may be made by their immediate supervisor without loss of pay. E. Classified employees may be required to work overtime whenever it is deemed necessary by their immediate supervisor. No employee shall be permitted to work overtime without the prior approval of their immediate supervisor and the Superintendent.

8 F. Classified employees requested to work during a vacation period or holiday will be paid at their hourly rate of pay. If additional hours are in conjunction with a forty (40) hour workweek, the employee will be entitled to overtime compensation as set forth in the Fair Labor Standards Act. G. Classified employees may request time off not to exceed two (2) hours per week to be worked at another time that week with the approval of their immediate supervisor. Approved time off will be documented by the supervisor Employment Agreements/Contracts The Superintendent of Schools shall sign employment contracts for certified and non-certified personnel Certified A. All employment contracts between the School District and certified school personnel shall be in writing on forms approved by the New Mexico Public Education Department. These forms shall contain and specify the terms of service, date, the salary to be paid, the method of payment, the causes for termination of the contract, and other provisions required by the regulations of the Public Education Department and the Board of Education. B. All employment contracts between the School District and certified school personnel shall be for a period of one (1) school year. Contracts not to exceed three (3) years are permitted for certified school administrators. C. Terms and conditions of employment pertaining to the Superintendent of Schools may be modified during the duration of an existing contract upon the mutual agreement of the Board of Education and the Superintendent of Schools. D. Conditions of the Professional Staff Contract Contracts are not binding upon the Board unless all conditions of the contract are fulfilled. In addition, the following conditions of employment are to be considered as a part of the contract: 1. Licensure: The professional employee must hold a valid New Mexico License authorizing them to perform the functions for which they are employed. A record of this license must be on file in the central administrative office by September 9th of each school year. The acquisition and renewal of licensing is the responsibility of the employee. 2. Health Certificate: In comp1iance with New Mexico statutes, a health certificate signed by a 1icensed physician must be filed in the central administrative office by September 9 of each school year. 3. Transcripts: Official transcripts of al1 university or college credits must be on file in the central administrative office by September 9th of each school year.

9 4. Experience Verification: It shal1 be the responsibility of all professional employees to secure verification of al1 out-of-district experiences from school officials of the school's) where they have previously been employed as a professional educator. Verification of experience must be on file in the central administrative office. 5. Evidence of Date of Birth: It shal1 be the responsibi1ity of all professional staff to provide suitable evidence of date of birth. A record of this evidence must be on file in the central administrative office by September 9th of each school year Form: It shal1 be the responsibi1ity of al1 professional staff to provide suitable evidence for establishing identity and employment eligibility as required by federal law. A record of this evidence must be on file in the central administrative office by September 9th of each school year. 7. Workers' Compensation Form: It shal1 be the responsibi1ity of all professional staff to provide suitable evidence of any previous injuries. A record of this evidence must be on file in the central administrative office by September 9th of each school year. 8. Job Descriptions: It shall be the responsibility of the employee to read and sign the job description for the position he or she has been hired before commencing work Non-Certified School Employees Who Have Not Completed Three Consecutive Years of Service Employment agreements between the School District and non-certified school employees who have not completed three consecutive years of service shall be in writing. The employment agreement shall contain and specify the terms of service, date, salary to be paid, and the method of payment. The employment agreement shall be terminable at the will of either the noncertified school employee or the Superintendent on behalf of the School District in accordance with the terms and conditions of the employment contract Non-Certified School Employees Who Have Completed Three or More Consecutive Years of Service Employment agreements between the School District and non-certified school employees who have completed three or more consecutive years of service shall be in writing on an employment contract. All employment contracts between the School District and non-certified school employees who have completed three or more consecutive years of service shall be for a period of one (1) year. The employment contract shall contain and specify the terms of service, date, salary to be paid, and the method of payment. The contract may be terminated for just cause in accordance with New Mexico School Personnel Act (as amended and recodified in the future) and the terms and conditions of the employment contract Employee Holiday Work Schedule

10 The total number of duty days per contract year will be outlined in the annual contract. Holidays will be as designated on the "Employee Holiday and Work Schedule."

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