new principal workshop july 14, 2014 the lawyers’ perspective legal problems are inevitable— how...
TRANSCRIPT
New Principal WorkshopJuly 14, 2014
The Lawyers’ PerspectiveLegal problems are inevitable—
how to minimize them.
Contact Information
Archdiocese of ChicagoOffice of Legal Services
Maureen MurphyGeneral Counsel(312) [email protected]
Communication Issues
Communication breakdowns are the
single biggest cause of legal issues at parishes
and schools.
How do you communicate?
• Talk to people!!! Don’t use e-mail as a means of avoiding an uncomfortable conversation. •Use e-mail sparingly. Review very
carefully everything you’ve written before you send it.
When using e-mail, remember . . .
• It’s a written communication.• It’s a business record.• It is easily transmitted to others.• The tone you intended may be lost on
the recipient.
When using e-mail, part 2 . . .
Talk with your teachers about the proper use of e-mail: • Have a session about proper communications
with parents via e-mail. •
• If you are communicating with parents who are divorced, copy both of them on all communications, even if you are responding to an e-mail from only one of them.
• As principal, YOU decide if you want teachers communicating with students and if so, YOU must make sure you have parent permission, in writing, before any such communication can take place.
Who do youcommunicate with?
• “Who needs to know” vs. “Who wants to know”.•How to communicate with parents
that do not live together.
Parent Issues
You don’t have to (and really shouldn’t) . . . .
• Let parents, grandparents, family members spend time with their children at school.
• Talk to lawyers—let us do that.
• Remember, parents don’thave the right to be onschool property simplybecause their childrenare students at the school.
Student Issues
• Be careful when expelling/suspending students:–Know the student’s history.–Read your handbooks.–Talk to OCS and Legal.–Make sure you are talking with
parents.
Student issues, cont’d . . .
Social Media/Bullying/Discipline• Do you know what Instagram is? If not, then find
out!!!• Do you plan to expel a student for using
his/her Instagram account inappropriately? If so . . Does your policy book allow for that?
Have you checked every other student’s Instagram account?
Student issues, cont’d . . .
• What to do about those 8th graders!?! What does your handbook say about using graduation ceremony and end of year activities as a form of discipline?• What do you do when a student is not
coming to school?
Employee Compensation
All employees must be paid through payroll —
not accounts payable,not cash.
Overtime
Non-Exempt employeeswho actually work more than
40 hours per week mustbe paid time and a half
for the excess hours worked.
These are notDefenses to an overtime claim:
• I did not know about the requirements of the laws.
• I did not authorize the overtime in advance.• The parish’s budget does not allow the
parish to pay overtime wages to employees who work in excess of 40 hours per week.
Teachers/Staff
•Performance reviews—– You MUST do them!– No excuses!!!
Teachers/Staff
• DCFS—If/when you must make a report to DCFS on a teacher, make sure you contact HR, OCS and the Office for the Protection of Children and Youth immediately for guidance.
Terminations/RIFs
•Don’t terminate an employee without talking to your HR Field Rep first.•Don’t terminate a teacher’s contract
during the term of the contract unless you have consulted with OCS, HR and Legal.
Teachers/Staff
• Non-renewing a teacher—don’t forget the drop dead dates for notifying a teacher of non-renewal.
Responding todiscrimination complaints:
Call theOffice of Legal Services!
CONTRACTS
Contracts mean something.OLS should review thembefore you sign them!
CONTRACTS
What is a contract?
•A lease.•A handbook.•A teacher contract .•A signed proposal.•A letter of agreement.
Negotiating Contracts
• Remember, you are in a good bargaining position—negotiate from a position of strength.
• Use OLS an other appropriate Archdiocesan staff to help you negotiate the contract.
• Resist the urge to rely on parishioners or volunteers to negotiate contracts for the parish or school.
Financial Issues
Tuition– have an exclusion policy!
Subpoenas
Call me when you receive one.
FOR MORE LEGAL INFOGo online as follows:www.archchicago.org
Click on “Departments”Click on “Legal Services”Click “Client Resources” tab, thenUser Name: legalclientPassword: lexinfo