New Principal Workshop July 14, 2014 The Lawyers’ Perspective Legal problems are inevitable— how to minimize them.

Contact Information Archdiocese of Chicago Office of Legal Services Maureen Murphy General Counsel (312)

Communication Issues Communication breakdowns are the single biggest cause of legal issues at parishes and schools.

How do you communicate? Talk to people!!! Don’t use as a means of avoiding an uncomfortable conversation. Use sparingly. Review very carefully everything you’ve written before you send it.

When using , remember... It’s a written communication. It’s a business record. It is easily transmitted to others. The tone you intended may be lost on the recipient.

When using , part 2... Talk with your teachers about the proper use of e- mail: Have a session about proper communications with parents via .

If you are communicating with parents who are divorced, copy both of them on all communications, even if you are responding to an from only one of them.

As principal, YOU decide if you want teachers communicating with students and if so, YOU must make sure you have parent permission, in writing, before any such communication can take place.

Who do you communicate with? “Who needs to know” vs. “Who wants to know”. How to communicate with parents that do not live together.

Parent Issues You don’t have to (and really shouldn’t).... Let parents, grandparents, family members spend time with their children at school. Talk to lawyers—let us do that.

Remember, parents don’t have the right to be on school property simply because their children are students at the school.

Student Issues Be careful when expelling/suspending students: – Know the student’s history. – Read your handbooks. – Talk to OCS and Legal. – Make sure you are talking with parents.

Student issues, cont’d... Social Media/Bullying/Discipline Do you know what Instagram is? If not, then find out!!! Do you plan to expel a student for using his/her Instagram account inappropriately? If so.. Does your policy book allow for that? Have you checked every other student’s Instagram account?

Student issues, cont’d... What to do about those 8 th graders!?! What does your handbook say about using graduation ceremony and end of year activities as a form of discipline? What do you do when a student is not coming to school?

Employee Compensation All employees must be paid through payroll — not accounts payable, not cash.

Overtime Non-Exempt employees who actually work more than 40 hours per week must be paid time and a half for the excess hours worked.

These are not Defenses to an overtime claim: I did not know about the requirements of the laws. I did not authorize the overtime in advance. The parish’s budget does not allow the parish to pay overtime wages to employees who work in excess of 40 hours per week.

Teachers/Staff Performance reviews— – You MUST do them! – No excuses!!!

Teachers/Staff DCFS—If/when you must make a report to DCFS on a teacher, make sure you contact HR, OCS and the Office for the Protection of Children and Youth immediately for guidance.

Terminations/RIFs Don’t terminate an employee without talking to your HR Field Rep first. Don’t terminate a teacher’s contract during the term of the contract unless you have consulted with OCS, HR and Legal.

Teachers/Staff Non-renewing a teacher—don’t forget the drop dead dates for notifying a teacher of non-renewal.

Responding to discrimination complaints: Call the Office of Legal Services!

CONTRACTS Contracts mean something. OLS should review them before you sign them!

CONTRACTS What is a contract? A lease. A handbook. A teacher contract. A signed proposal. A letter of agreement.

Negotiating Contracts Remember, you are in a good bargaining position—negotiate from a position of strength. Use OLS an other appropriate Archdiocesan staff to help you negotiate the contract. Resist the urge to rely on parishioners or volunteers to negotiate contracts for the parish or school.

Financial Issues Tuition– have an exclusion policy!

Subpoenas Call me when you receive one.

FOR MORE LEGAL INFO Go online as follows: Click on “Departments” Click on “Legal Services” Click “Client Resources” tab, then User Name: legalclient Password: lexinfo