Human Resource Management Legal and Ethical Issues for Human Resource Management By Randy Comfort EdPA 5348, Spring 2006

The Mandate for Relevant, Concise and Clear Personnel Policies HR managers (and schools in general) are vulnerable to litigation HR policy should be based on: a)an understanding of federal and state laws, as well as administrative decisions b)District Policy c)Laws Governing Employment Contracts d)Ethical (defensible) Practice

Contracts School Districts are legal entities with a corporate character: can sue and be sued, deal with real and personal property, as well as, enter into contracts. Contracts must have 5 components: 1.Offer and Acceptance ( only by the actual persons involved ) 2.Competent Persons 3.Consideration (a promise for an act) 4.Legal Subject Matter (licensure) 5.Proper Form (courts recognize both oral and written, but most education contracts must be in writing)

Anatomy of the Law 2 Major Divisions: Criminal and Civil 2 systems of law: Statute (legislative act) and Common (judgments and precedent) 3 Major Sources of Law: Constitutions, Statutes and Case Law (previous court decisions) 2 Additional Sources of Law that require attention: Administrative Law and Attorney General Opinions HR Administrators must be familiar with the nuances of state and federal court systems. Both have jurisdiction over HR practices, but state laws are more likely to impact schools (Essex) Court decisions reinforce the trend toward the “reasonableness” standard

Torts and Character Claims A tort is a civil wrong, other than a breach of contract, committed against a person or a person’s property. Understanding torts will help shape HR policy and procedures. 2 types of torts: Intentional = deliberate act like a defamation of character Negligence = not performing duty like a background check ( it is expected that this will be done to ensure qualifications )

Personnel File 1.Employee can review with HR Administrator 2.Supervisor can review with HR Administrator 3.Only official records in file (ex: payroll, or attendance) 4.No official document removed without employee notification 5.Contents not released without written permission 6.NEVER discuss file contents over the phone or by .

Ethical Issues Many Sources of Ethics Religious beliefs and philosophical assumptions Legal and moral obligation to provide the best education possible for children ( Essex text ) Federal and State Employment Law MN Rule = the Code of Ethics for School Administrators ( ) Professional Organizations and their central guidance of the profession

American Association of School Personnel Administrators (AASPA) Statement of Ethics has 3 Main Guidelines 1.Every person in a state of becoming “better” or losing integrity. a)Inappropriate decisions that may appear to be insignificant can harm a person’s core integrity. b)Try to support the “better,” but respond to the “loss” 2.Decisions of HR people have a definitive impact of districts as institutions 3.Daily actions of employees and policies of the district must hold up to guidelines of fairness and equality.

Personal Responsibilities of an HR Professional 1.Take reasonable action to protect students and staff from conditions harmful to health and safety ( MN Code of Ethics ) 2.See Professional development as an opportunity and not an obligation 3.Participate in professional associations 4.Seek help from other professionals when needed 5.Must be honest and exercise the utmost integrity 6.Can overlap, but the Board usually drafts policy and the HR professional must implement appropriate procedures.

Overview 1.Know the Law 2.Document as Needed 3.Be Consistent in good practices 4.Be aware of defensibility and accountability, but know that the quality of the education for students depends on the quality of personnel entrusted to work with them. (moral obligation) 5.Follow relevant policy completely (it is the second person with the same request that you should be thinking about)

References Bolman, Lee G., Terrence E. Deal. Leading with Soul: An Uncommon Journey of Spirit. Jossey-Bass, San Francisco, CA Essex, Nathan L. School Law and the Public Schools: A Practical Guide for Educational Leaders. 3 rd. Ed., Pearson, Allyn and Bacon, Boston MA Minnesota Department of Education Website: Sergiovanni, Thomas J. The Principalship: A Reflective Practice Perspective, 4 th Ed., Pearson, Allyn and Bacon, Boston MA Rebore, Ronald W. Human Resource Administration in Education: A Management Approach. 7th Ed. Boston, MA. 2004