2000 - Personnel

2156 - Employment: Career Classified Employee and Provisional Classified Employee

1. CLASSIFIED PERSONNEL

The Board approves the employment of classified personnel for the term and according to the conditions of employment as set forth in the approved District Hiring Authorization for that employee.

2. CAREER CLASSIFIED EMPLOYEE

2.1 Career classified employees are employees of the District who have obtained a reasonable expectation of continued employment. A classified employee who works 35 hours or more per week excluding extracurricular activities during their approved contract period, becomes a career classified employee upon the successful* completion of three full consecutive contract years** of employment with the District and receives the recommendation of status change from his/her immediate supervisor (the District may extend the three-year provisional status of an employee up to an additional two consecutive years). Career Classified employees employed by the District may be employed under and may receive a contract that is a "Career Classified Contract". All such contracts will be in writing, and may embody the terms and conditions of employment.

2.2 *A year is successfully completed when an employee is not placed on probation during the contract year. If the employee is placed on probation during the contract year, the time that the employee is on probation is not counted for the consecutive years of service toward career status.

2.3 **If the classified employee starts after the beginning of the normal contract year, he/she must successfully complete that contract year plus three additional consecutive full contract years before he/she becomes a career-classified employee. If probation causes an interruption of the classified employee’s service towards career status, such that the employee completes three years of service during the contract year, the employee must successfully complete that full contract year in order to obtain career-classified status.

3. PROVISIONAL CLASSIFIED EMPLOYEE

3.1 Any classified employee who has not achieved career classified employee status is a provisional classified employee. A provisional employee is hired on individual, one-year terms of employment. Provisional employees have no expectation of continued employment beyond the current one-year term. Provisional employees are employed at will and their employment can be terminated at the discretion of the Board of Education, except that employees can be discharged during the term of employment only for cause and by following the procedures found in policy 2225.
Provisional classified employees have no property right in their employment or expectation of continued employment.
(Perry v. Sindermann, 92 S. Ct. 694; Board of Regents of State Colleges v. Roth, 92 S. Ct. 2701 (1972); Berube v. Fashion Centre, Ltd., 771 P.2d 1033 (Utah 1989); Utah Code 53A-8-103}

4. TEMPORARY EMPLOYMENT

4.1 Any classified employee who is temporary, seasonal, or who works 19 or fewer hours per week, is a temporary employee. Temporary employees also include those who are employed for less than a full term of employment for employees of the same classification. All classified employees are considered temporary employees for the first 120 calendar days of their employment, this being an employment probationary period. An appointment of a temporary employee may not be for a period of time greater than one year. Temporary employees are employed at the will of the District and have no expectation of continued employment and their employment may be terminated at any time without cause. Temporary employees are not career employees or provisional employees as defined by Utah Code Annotated § 53A-8-102 and the policies of this District.

5. NOTICE OF INTENT NOT TO OFFER A TERM OF EMPLOYMENT TO A PROVISIONAL CLASSIFIED EMPLOYEE

5.1 Unless a provisional classified employee is otherwise notified by sixty (60) days prior to the end of the term of employment that they will not be offered employment for a following term, the classified employee shall automatically be employed for the next term of employment. This section does not affect the District's right to terminate any employee during the term of employment for cause or for reduction in force (RIF). {Utah Code 53A-8-104 (4)}

5.1.1 When a provisional employee’s employment is terminated under this section, the District will consider the facts and circumstances of the termination when considering any subsequent applications submitted by the employee for any position with the District. The employee’s prior termination may weigh against the employee being selected to fill the open position.

5.2 No person or entity other than the properly constituted Board or an individual who is designated by proper Board action has any authority to make oral representations or agreements for employment or for any specified length of time, or to make any other agreement or representation regarding employment.

Approved 01/07/97
Revised 02/20/08
Revised 03/23/11
Revised 10/8/14
Revised 04/20/16

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