Current Status Bill Number:689 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970423 Primary Sponsor:Patterson All Sponsors:Patterson Drafted Document Number:pt\1191dw.97 Residing Body:Senate Current Committee:Education Committee 04 SED Subject:Public School District Employee Grievance Procedure Act, Schools and School Districts
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19970423 Introduced, read first time, 04 SED
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-140 SO TO ENACT THE PUBLIC SCHOOL DISTRICT EMPLOYEE GRIEVANCE PROCEDURE ACT, TO PROVIDE FOR THE ADOPTION OF A GRIEVANCE PLAN, THE ESTABLISHMENT OF A GRIEVANCE COMMITTEE, AND PROVIDE FOR THE POWERS OF THE COMMITTEE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 59-17-140. (A) The General Assembly finds that a uniform procedure to resolve grievances of noncertificated public school employees arising from their public employment will contribute to more harmonious relations between public employers and public employees and result in an improvement in public service. The purpose of this section, which may be cited as the 'Public School District Employees Grievance Procedure Act', is to implement this principle.
(B)(1) As used in this section, grievances must include, but are not necessarily limited to, dismissal, suspensions, involuntary transfers, promotions, and demotions.
(2) The governing body of each public school district in this State shall by policy or resolution adopt a plan for hearing and resolution of employee grievances which, if adopted, shall at a minimum, conform to the guidelines set forth in this section. Those governing bodies which have adopted policies which meet or exceed the guidelines set forth in this section are not required to amend or modify their policies.
(3) Compensation is not grievable except as it may apply to alleged inequities within a department or division of the particular school district.
(C) The governing body of each district establishing an employee grievance procedure pursuant to this section shall appoint a committee composed of not less than three nor more than nine members to serve for terms of three years, except that the members appointed initially must be appointed so that terms are staggered and one-third of the terms shall expire each year. Any interim appointment to fill a vacancy for any cause prior to the completion of his term must be for the unexpired term. Any member may be reappointed for succeeding terms at the discretion of the appointing authority. All members of the grievance committee must be selected on a broadly representative basis from among the noncertificated personnel of the district with the provision that, whenever a grievance comes before the committee initiated by or involving an employee of a department or division of which the committee member also is an employee, the member must be disqualified from participating in the hearing.
(D)(1) The committee shall select its own chairman from among its members. The chairman shall serve as the presiding officer at all hearings which he attends but may designate some other member to serve as presiding officer in his absence.
(2) A quorum shall consist of at least two-thirds of the committee members, and no hearings may be held without a quorum.
(3) The presiding officer controls the proceedings. He shall take whatever action is necessary to ensure an equitable, orderly, and expeditious hearing. Parties shall abide by his decisions, except when a committee member objects to a decision to accept evidence, in which case the majority vote of the committee governs.
(4) The committee has the authority to:
(a) call for files, records, and papers pertinent to any investigation;
(b) determine the order of the testimony and the appearance of witnesses;
(c) call additional witnesses; and
(d) secure the services of a recording secretary in its discretion.
(5) A governing body shall take no action in retaliation for any investigation, decision, or report undertaken or issued by any committee or its members.
(E) The committee shall, within twenty days after hearing an appeal, make its findings and decision and report their findings and decision to the board of trustees. If the committee's decision does not resolve the grievance to the satisfaction of the grievant, he may request in writing that the superintendent notify the board of trustees of the grievant's wish to be heard by the board. This request must include a brief statement of the questions to be presented to the board. The request must be filed with the district superintendent within ten working days after receipt of the committee's decision. The board, at its discretion, may hold its own hearing in the matter, accept the committee's recommendation, or reject the committee's recommendation without scheduling a hearing. The board's decision is final, with copies transmitted to the employee, to the superintendent, to the committee chairperson, and to the employee's immediate supervisor.
(F) When any noncertificated employee who has completed six months of satisfactory service is unable to resolve an alleged grievance by discussion and negotiation with his employer, he may request in writing a hearing before the grievance committee appointed and constituted as provided for in this section. The request for a hearing must be directed to the superintendent or to the agent of the district as may be designated by the board of trustees. Within ten days of receipt of the employee's request, the superintendent or the designated agent shall schedule the requested hearing and notify the grievance committee and the employee requesting the hearing."
SECTION 2. This act takes effect upon approval by the Governor.