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HomeMy WebLinkAbout058-88 Ordinance \ " RECORD OF ORDINANCES " 'f' National Graphics Corp., Cols., 0, ~ Form No, 2806-A Ordinance NO.mnn513~.8.8m..m Passed.mnm.mnm ..m..nmnn nmmn19..n.__ . AN ORDINANCE AUTHORIZING THE ... CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE DUBLIN BOARD OF EDUCATION WHEREBY THE DUBLIN PERSONNEL BOARD OF REVIEW WILL HEAR AND DECIDE CERTAIN SCHOOL- RELATED APPEALS WHEREAS, it is in the best interest of the City of Dublin and Dublin local schools to avoid duplication of efforts; and WHEREAS, the City currently has in place a Personnel Board of Review; and WHEREAS, the City and School Board have reached an agreement whereby the Dublin Personnel Board of Review would hear, consider and decide appeals cases brought by the schools' classified present and former employees relative to termination of employment, disciplinary actions, and other related questions. NOW, THEREFORE, BE IT ORDAINED by Council for the City of Dublin, State of Ohio, 7 members concurring that: Section 1. The City Manager is hereby authorized to enter into an agreement with the Dublin Board of Education whereby the Dublin Personnel Board of Review will hear certain employment related appeals as set forth pursuant to the terms of said agreement. Section 2. This Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this 20th day of June 1988. , Mafl{~m Frances M. Urban I, Clerk of Caun"', hereby certify that the foregoing is a true COllY of Ordinanr.e/~J!:dtl No. 58-88 duly odop'~d by the Cound of Ihe Ciiy' of D:;cl:n, Ohio, en the 20th Attest: day of June 1988 , . /7 /J -//tA~AJ ~ (1~ t(~~ Clerk of (0 neil, ublin, Ohio . J~ WI, Clerk of Council I hereby certify that co~~es of this Ordinance/Resolution were posted in the City of Dublin in attordance with Secfon 731.25 of the Ohio Revised Code. J~ '77J.. ~-1..~ , Clerk of Council, Du IIn, Ohio 6/1/88 AGREEMENT This Agreement is '.=ntered into effe(;ti\Je 9ttLi- I / f , 1988, by and bet~een the Dublin Board of Education (hereinafter referred to as lithe Schoolsll) and the City of Dublin (hereinafter referred to as lithe Cityll). WITNESSETH: In consideration of the ~nutual and respective covenants :ind agree_nents here inafter set earth, the Schools and the City hereby agree as fa 110'..,s : l. The City's Personnel 30ard of Review (hereinafter referr-ed to as II the Board II ) \l1ill hear-, de(;ide, and rule on appeals ~rought ~y t~e Schools. (;lassified present and former employees relative to termination of employment, disciplinary actions and other questions which ~ay, under applicable law and rules, be appealed to the Board. 2. In the event that the Sity or the Board is made a party to any litigation as a result of services performed by the Board under paragraph 1 above, the Schools will bear the expense of, and see to the conduct of, the defense or prosecution of such litigation; provided, however, that neither this paragraph nor paragraph I above shall apply to any litigation initiated either (a) by the City or the Board, unless there has been prior approval by the Schools, or (b) by the Schools against the City or the Board. 3. Subject to paragraph 6 below, (a) the Schools will have all responsibility for the administration, validity, reliability and appropriateness of all tests and test items relating to the Schools' classified employees, "lnd (b) the Board ~ill have no responsibilities with regard to the Schools. tests juring the effectiv8 period of this Agreement. 4. Subject to paragraph 6 below and any applicable provisions of Chapter 4117, Ohio Revised Code, the Schools will perform the follmving function ~it~ regard to their employees: (a) ~efine the unclassified service as set forth in Section 124.11, Ohio Revised Code; (b) Define the competitive ~lass and unskilled labor class ~ithin the classified service; (c) Convert provisional employees to permanent status after continuously serving for t.wO ( 2 ) years in any classified position for which no competitive examination has been held; (d) Establish ~nd utilize a probationary period for all new and promotional appointees of such lawful duration as the Schools shall determine in their sole discretion; (e) Provide full civil service rights and protections to all of their classified employees, including those who work less than forty (40) hours per seven ( 7 ) consecutive calendar 1ays, with regard to, but not limited to, the following: promotional eligibility, disciplinary and layoff procedures. 5. Subject to paragr~ph 6 below, the Schools will also perform other classified employment-related services with regard to their employees such as, but not limited to the following: establishing classifications; recruiting qualified employees; conducting screening, interviewing and testing; making 2 school a~d work reference checks; 3aintaining eligible lists; deter~ining classified employees t:J be laid aff, '~lhen requiretj; appointing individuals t.o positi-:>ns; anj, in general, ;?roviding the total employment program of the Schools. ::> . The Schools reserve the right to deter~!line in their sole discretion the dates :::m ttlhicl1 they ,,,,ill assume individual responsibilities under paragraphs 3, 4, and 5 above, and they will notify the Board of such dates on an item-by-item 'oasis. 7 . The Schools t.r/ill require their e-:-nployees working on civ:i.l service matters pursuant hereto to comply with applicable state and federal laws with regard to equal employment opportunity and to comply with all lawful guidelines adopted pursuant to such laws. 8. The Schools agree to abide by the Board's Rules of Procedure and to be bound ~y the decisions of the Board in matters brought before the Board pursuant to this Agreement, reserving, of course, their legal right to appeal. 9. Upon notice from the Board, the Schools will be represented at any meeting or hearing conducted by the Board at which the Schools' 'natters will be heard or considered. 10. Subjec~ to paragraphs 2 above and 11 below, the Schools will pay the City as provided herein for services actually rendered by City and Board officials and personnel in the administration and review of civil service matters directly C'21:ltej to the Schools' '.::lassifi'=d employees under t~1is Agreelnent 3 " . . or any amend~ent hereto. Such paYMent shall ~e at reasonably apportioned rates of pay for City and Board officials and e!nployees ',.,ho would ot:tep,..,ise oe paid !)y the City for providing such services, it being further understood th~t, if such services are provided instead by persons ~ho ~ould otherwise be City or Board volunteers but who elect to be paid for such services as are rendered to the Schools under this Agreement or any amendment hereto, the Schools will in that instance pay the City (in addition to any su~s paid as aforesaid) t:te value of the time reasonably expended by those persons to provide such services, that value to oe calculated using comparable rates paid for that time for like work in similarly situated, proximate co~~unities. 11. The City shall submit to the Schools an invoice setting forth the amount owed for services perfor~ed in accordance wit~ the provisions of t~is Agreement at least quarterly. Within sixty (60 ) days of the receipt of said invoice by the Schools, the Schools will submit pay~ent to the City. In no event shall al'!lOunts QI..,ed for services performed under this ~greement exceed the amount compute~ pursuant to Section 124.54, Ohio Revised Code. 12. The Schools and the City reserve the right to negotiate regarding the terms of this ~greement as necessary, and to bargain to a mutually agreed upon solution to individual issues as they arise. Such bargained-for solutions shall be incorporated into this Agree'nent as written amend~ents hereto. 4 . 13. Th i s Agr~~,nen t ilnd ::\ny subsequent ane!1:lcnents hereto in writing shall cO!1stitute the ~ntire agreement between the Schools and t:'1e C it v . This Agr:~'nent shall ::)e ~ffectiv~ ~4 14. I / J , 1988, and shall be considered renewed E rmn y~ar to year beginning unless a writt~n request to renegotiate the Agreement is received by either party no later than , of the year pre~eding the renewal. 15. This .i\gree'l1ent is e!1tered into pursuant to City Ordinance No. 58-88 , passed June 20. 1988 , and a Dublin Board of Education Resolution passed ob-tJ;/cfcf . WHEREFORE, the par~ies acknowledge th~ir signatures tl1is h'r4 CZ~f - day of 1988. / I CITY OF DUBLIN DUBLIN BOARD OF ~ EDUCATION . PRE APPROVED: /l~:I: 5 Dublin Schools Joe 0, Riedel Asst. Superintendent July 21, 1988 Operations and Development Mrs. Frances M. Urban Dublin City Offices 6665 Coffman Road Dublin, Ohio 43017 Dear Frances: Enclosed is a copy of ordi nance No. 58 - 88 wi th appropri aate school district officials' signatures. You are correct in making the effective date July 1, 1988. Thanks for your assistance. Sincerely yours, J~ JDR/mkw Enclosures cc: Dr. Phillip Price ... a total commitment Dublin Schools, 62 W. Bridge St., Dublin, OH 43017 (614)764-5913 00 ~~c/9~ 6665 Coffman Road Dublin, Ohio 43017 July 1, 1988 Mr. Jerome Preissler Dublin City Schools 62 W. Bridge Street Dublin, Ohio 43017 Dear Mr. Preissler: Attached is a copy of Ordinance No. 58-88 as passed by the Dublin City Council on Monday, June 20, 1988. Please have the president and the treasurer of the Board of Education sign the attached agreement and return to me. I am assuming that the effective date will be July 1, 1988, the date that the Dublin Local Schools become the Dublin City Schools. If that assumption is incorrect, please let me know. Thank you. Sincerely, ;7 YJ;' tf-L~ Jt.tZ71-C 10 Frances M. Urban Clerk of Council fmu Attachment 00 r:;: ~ ~~q; tfl/ "'l u~r 0 / '.CC ..~;:~ /(Jj .u;J1 6665 Coffman Road Dublin, Ohio 43017 June 10, 1988 Mr. William M. Denihan 7967 Tipperary Court N Dublin, Ohio 43017 Dear Mr. Denihan: At the Dublin City Council Meeting on June 6, 1988, Ordinance No. 58-88 was introduced and read for the first time. Council directed me to send copies of the proposed ordinance to the members of the Personnel Board of Review for their review. It is my,understanding that there has never been an appeal. Please read the attached, and should you have any questions, please call the City Law Director, Mr. Stephen J. Smith at 876-1229. There will be a second reading of the Ordinance at the Council meeting on Monday, June 20, 1988. Sincerely, ;/ 77; , ,-/~f/;:/}Lt:.kJ ,t~ Frances M. Urban Clerk of Council fmu