Committee asks legal review of board authority in dismissal and suspension cases
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Summary
Committee members questioned whether the board’s policy language gives it authority to modify or revoke personnel actions (suspensions, demotions, pay reductions) and asked administration to review legal constraints and return with recommendations.
During policy review on Sept. 25 the governance committee identified language in the dismissal/suspension policy that states personnel actions (suspensions, demotions, reductions in pay/step) may be affirmed, modified or revoked. Several board members questioned whether that language overstates the board’s authority under state law or conflicts with collective-bargaining agreements.
A committee member said the policy’s wording “seems kind of confusing” and asked administration to determine from a legal standpoint what authority the board actually has to modify or revoke personnel actions for employees who are not covered by contracts. An administrator suggested the item may be a notification requirement (board report) rather than an authority to unilaterally reverse employment actions.
Action and next steps: administration will review legal authority and applicable contractual provisions, determine whether policy language should be revised for compliance, and return recommendations to the governance committee at a future meeting.