Board members debated reinstating language in personnel policy 3140.01 to require the superintendent to notify the board "prior to any final action being taken" on certain employee discipline cases.
Several board members said the previous removal of the language left the board unable to discuss some situations before personnel actions were finalized. One member said the public reaction to a recent discipline case prompted the request to restore the language so the board can consider adding volatile or high‑public‑interest matters to an agenda. "Sometimes when it comes to these complicated issues that might take some courage to resolve, at least giving the board the opportunity to weigh in like we always have," a board member said.
School board attorney Mr. Blocker cautioned that human‑resources investigations and recommendations are fact‑driven and that the investigative team, HR and outside labor counsel prepare recommendations based on interviews, precedent and legal review. Blocker warned that if the board substitutes its own outcome after staff has followed recommended procedures, that divergent decision can create legal exposure in subsequent litigation. "When you go against the recommendation... you open yourself up to litigation," Blocker said.
The board discussed possible triggers for notification, including a threshold for "great public concern," but agreed that such a threshold is difficult to define in policy. After extended discussion, the board reached consensus to restore language stating that the superintendent shall notify the board prior to any final action being taken in applicable personnel matters and to add consistent wording across related HR policies. Staff and counsel will draft precise language and apply it to support policies to avoid inconsistent application.
The board also considered a pending disciplinary appeal; the school board attorney recommended the district refer the contested matter to the Division of Administrative Hearings rather than conducting a multi‑day hearing before the board. The board agreed by consensus to proceed with the recommended DOAH referral and to have outside counsel represent the district in that process.
Board members directed staff to return with consistent policy language across employee discipline and other HR policies, and to identify a process by which the chair and superintendent may determine whether a matter should be placed on an agenda for board discussion prior to final action.