Bend‑LaPine board upholds district decision in Mary Russell grievance after executive session

The Bend‑LaPine Administrative SD 1 Board of Directors on Dec. 9 heard a level‑4 grievance from employee Mary Russell alleging the district sent her home on Aug. 26, placed her on leave and involuntarily transferred her in violation of multiple provisions of the collective bargaining agreement and federal disability protections. After hearing presentations from the grievant and district, and meeting in executive session, the board voted unanimously to uphold the district’s level‑3 decision.

The grievance representative, Brian Hanson, told the board that Russell reported for work on Aug. 26 and was sent home despite a medical note the association says affirmed her ability to perform a 6.5‑hour shift at Rosalind Elementary. Hanson said the district’s actions forced Russell onto leave and caused "financial and professional harm," and he requested reinstatement to Russell’s regular position, back pay (including sick days and PLO adjustments), written clarification of how the district interprets medical notes, clarified return‑to‑work and transfer protocols, and assurances of compliance with CBA articles on leave, assignments and protections from retaliation.

"This demonstrates a misuse of management's rights and a disregard for her contractual and medical protections," Hanson said.

District chief human resources officer Steve Herron countered that Russell did not present a full medical release to return to work. Herron said the district received a variety of medical notes — some described a conditional release (for example, noting that Russell "may have to leave early on days when her symptoms get worse") and later notes that specified particular sites or a 2‑mile radius. The district interpreted additions to the language as meaningful restrictions and maintained it had the operational need to place staff where student safety and program needs required it.

"A release that says she can only be placed at Rosalind or within two miles of her home is not a full release," Herron said, and he described inclusion EA assignments as "fluid" and driven by student needs and district operations. Herron also told the board that the district offered accommodation proposals, such as quiet spaces, which he said were rejected by the association.

Mary Russell answered board questions, saying her physician cleared her to return to her normal schedule at Rosalind and that the need to leave to rest typically arose after the school day ended; she testified she had been successful returning to Rosalind under her prior schedule. When asked how often she needed to leave during the day, Russell said it was rare and that she sometimes went home at lunch because she lived across the street from the school.

Board members also pressed for procedural clarifications. One director asked whether the provider had seen the inclusion EA job description; Russell said yes. Another asked who suggested litigation at level‑3; Hanson said the level‑3 hearing officer, identified in the record as district counsel Heidi Kim, had suggested litigation as a possible remedy at that level.

After public presentations the board moved into executive session under OR 192.662(2)(f) to deliberate on exempt records. Returning to open session, Director Jen Lynch moved to uphold the district’s level‑3 grievance decision; Director Tomlin seconded. The board took individual roll‑call votes — Directors Amy Tatum, Tomlin, Lynch, Cameron Fisher, Kina Chadwick and Chair Marcus Grama voted "aye" — and the motion passed unanimously.

The chair said the board will provide a written decision to the parties within 10 days, consistent with the collective bargaining agreement. The special meeting then adjourned.

What remained contested in the public record was whether the medical notes constituted a full release to return to work or whether the successive notes imposed conditions that justified the district’s placement decision. The board’s action preserved the district’s earlier (level‑3) determination; the forthcoming written decision will state the board’s formal findings and any ordered remedies.