 |
Will the Board of Ed pursue tenure charges Tuesday? |
CORRECTION: The public portion of Tuesday's meeting begins at 6:30 PM, not 8:00.
For the second time in 60 days, the Plainfield Board of Education has served a Rice notice on Eric Jones, president of the Plainfield Education Association (PEA), the union representing teachers and support staff in the Plainfield public schools.
A Rice notice means that the governing body (the Board of Ed in this case) intends to discuss action against an employee, and may take such action. The notice gives the employee a choice to have the matter heard in a public meeting if the employee so wishes, or in executive (closed) session.
Jones has decided to have the charges aired publicly, which will take place at the Board of Ed's work/study session scheduled for Tuesday, January 15.
According to Jones, as of midnight on Saturday he has received nothing in writing (other than the Rice notices) from the Board of Ed.
Take a look at NJSA 18A:6-11, the law governing tenure matters,which requires that (emphasis added) --
(1) any charge made against an employee of a board of education under tenure during good behavior and efficiency shall be filed with the secretary of the board in writing;
(2) the written statement of evidence under oath to support the charge shall be presented to the board;
(3) the board of education shall forthwith provide to the employee a copy of the charge, a copy of the statement of the evidence and an opportunity to submit a written statement of position and a written statement of evidence under oath with respect thereto;
(4) after consideration of the charge and any statements of position and/or evidence presented, the board shall determine by a majority vote of its full membership whether there is probable cause to credit the evidence in support of the charge and whether such charge, if credited, is sufficient to warrant a dismissal or reduction of salary...
QUESTIONS OF PROCESS
So, it would appear that in order to even have a tenure proceeding, some person would have to file a complaint. Can that person be a Board member? Can the Board of itself bring tenure charges without filing a formal complaint according to the statute?
Secondly, can the Board legitimately conduct a tenure hearing if a) the subject individual has not received the required copy of the charge and of the sworn "statement of evidence", and b) the opportunity to respond in writing with a sworn statement?
A LITTLE BACKGROUND
It is no secret that the PEA has annoyed several members of the Board of Education, especially its most recently elected members, against three of whom a complaint was filed in connection with an unauthorized use of a school facility during a Back to School Night at Hubbard School (see my post on that event here).
At that event, former Board president Wilma Campbell (wife of current BOE member John Campbell) was reported by the PEA to have made a threatening remark to PEA member Lisa Logan Leach.
And, lest we forget it, the campaign photos of the Campbell slate in the November BOE election were taken inside the PHS library. Campaigning on school property -- without a facility use form being filled out? Evidence of which was delivered to every postal customer in Plainfield. The whole business was unacceptable, but these are the people preparing to sit in judgment of Jones.
Jones continues to advocate for the union and its members and is vocal at BOE meetings. This is in contrast to the union's previous leadership, which was widely thought to be in the Board's "back pocket".
THE "CHARGES"?
Word in the street is that the Board's allegation is going to be that Jones carried on "political" activity while on the clock. (As union president, he receives his salary from the district but has no teaching duties, his union leadership role being considered full-time).
It is true that the PEA not only endorsed candidates, but campaigned for them as a slate (two were independents and one was a member of Mayor Mapp's team).
Since school board elections are nonpartisan (no matter WHO endorses a candidate), it will be interesting to see how an argument can be made that exercising First Amendment rights of speech is impermissible "political" activity.
The newly elected Board of Ed members cannot possibly be on higher moral or ethical ground given the Hubbard School and campaign photography incidents cited above.
SETTLING PERSONAL SCORES OR UNION BUSTING?
It certainly is fair to ask what is really going on here.
Is this a matter of vengeful Board members attempting to use their privileged position to settle a personal score?
If so, that would be continuing a long history of politics in Plainfield as a blood sport. We've seen this movie before, and it is never nice.
But it is also possible that the Board members who are behind this move are attempting to bust the union.
Bear in mind that Jones' term is ending and there will be elections for new officers of the union local this spring. Though Jones is extremely popular and no doubt would be re-elected hands down, a suspension would make matters difficult for the union going into an election for officers.
Then there is the matter of the PEA contract, which is up in 2020. Could the Board be looking forward to demoralizing the union in advance of what may be difficult negotiations, given the union's new, more assertive stance?
As a union supporter, I cannot see these possibilities as anything but troublesome.
WHAT CAN HAPPEN TUESDAY NIGHT?
In the first place, if the Board of Ed has not met the legal requirements for a tenure proceeding, perhaps NOTHING will happen at all.
If the Board meets the legal threshold to conduct a hearing, the four possible outcomes (outlined to by Jones on his Facebook page) are --
- suspension without pay for 120 days (four months);
- being banned from entering any district facility/school;
- being banned from using district communication (aka email); and ultimately
- termination from the Plainfield Public Schools.
Several BOE members are members of unions themselves and may find themselves reluctant to take extreme measures against a fellow unionist or to be seen to be union-busting.
Besides voting for (Aye) or against (Nay) a resolution, Board members may abstain or vote "present, not voting".
Even if action is taken on Tuesday evening, Jones will have the right of appeal.
Tenure proceedings are expensive and time-consuming to a school district and may be seen as a waste of taxpayers' money.
In any event, supporters will not want to miss this meeting, at which the public always has an opportunity to weigh in before actions are taken.
The Board of Ed work/study session is scheduled for 6:30 PM in the High School Conference Room. Be aware that the venue may change depending on the projected attendance. (Note this is a time correction.)
Plainfield High School is at 950 Park Avenue between 9th Street and Stelle Avenue. Parking available on the street and in the Stelle and Kenyon Avenue lots.
-- Dan Damon [ follow ]
View today's CLIPS here. Not getting your own CLIPS email daily? Click here to subscribe.
About Cookies: This blog is operated by Google, which uses cookies to improve the user's experience. By continuing to read this blog you agree to their use.
Posts
0 comments:
Post a Comment