STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARTIN COUNTY EDUCATION )

ASSOCIATION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1126

) PERC NO. 8H-RA-754-1009 SCHOOL BOARD OF MARTIN COUNTY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the division of Administrative Hearings, by its duly designated hearing officer, G. Steven Pfeiffer, held a public hearing in this case on September 11, 1975, at Stuart, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Darrell D. Franklin

Port St. Lucie, Florida

For Respondent: Douglas K. Sands

Sands and Wackeen Stuart, Florida

SUMMARY OF THE CASE

The Martin County School Board ("Public Employer" hereafter) filed a petition for determination of managerial and confidential employees with the Public Employees Relations Commission ("PERC" hereafter) on February 21, 1975. The Public Employer had previously recognized the Martin County Education Association ("MCEA" hereafter) as the exclusive bargaining agent of instructional personnel employed by the Public Employer. Through the instant petition the Public Employer is seeking a determination that personnel who hold the following positions are managerial or confidential employees within the meaning of the Public Employees Relations Act: the Superintendent, Assistant Superintendents, Director of Personnel, Director of Instructional Support and Pupil Personnel Services, Director of Adult Education, Director of Exceptional Child and Special Services, Director of Federal Programs, Director of Career Education, Director of Secondary Education, Director of Elementary Education, Director of Vocational Education, Director of Community Manpower Programs, Director of Planning and Research, Director of Environmental Studies Center, Maintenance Supervisor, Transportation Supervisor, Supervisor of Custodial Services, Food Service Supervisor, School Principals, Assistant Principals, Department Heads at Martin County High School, Secretaries to management whose jobs include preparation of materials pertaining to the collective bargaining process, the Budget Clerk who serves the Assistant Superintendent for Business

Affairs for matters of budget and personnel, and the Accountant who provides services to the Assistant Superintendent for Business Affairs in matters of budget.

The hearing in this case was scheduled by notice dated August 1, 1975. At the hearing Mr. Darrell Franklin, the business agent for MCEA, appeared seeking to represent the interest of the MCEA at the hearing. The Public Employer objected to the intervention by MCEA on the grounds that Mr. Franklin is not a licensed attorney, and that no written Motion to Intervene was filed. MCEA's Motion to Intervene was granted at the hearing, and Mr. Franklin was permitted to appear on behalf off MCEA. MCEA objected primarily to the classification of Department Heads at Martin County High School as managerial or confidential employees.

The Public Employer called the following witnesses: Vincent James Navitsky, the elected Superintendent of the Martin County Schools; Clara Bevis Fulton, the Principal of Martin County High School; Gilbert Miller, the Assistant Superintendent for Personnel and Instructional Support; Cephas Gipson, the Director of Guidance at Martin County High School; and Shirley Ann Granfield, the Curriculum Coordinator at Stuart Middle School. MCEA called no witnesses. Several department heads from Martin County High School were present at the hearing, and were invited to testify, but they declined to do so. Public Employer's Exhibits 1 - 5 were received in evidence. The parties were permitted an opportunity to file legal memoranda in support of their positions. MCEA submitted a memorandum. The Public Employer did not. Subsequent to the hearing, seven persons who identified themselves as department heads wrote a letter indicating that they did not receive sufficient notice of the hearing to allow them the opportunity to evaluate and present their feelings at the hearing. None of the persons who signed the letter appeared at the hearing to make their objections known, although the hearing was conducted only one week prior to the date of the letter, and although they admit to having received notice of the hearing prior to its being conducted. One person who signed the letter is Cephas Gipson, who is either the same person, or has the same name as a person who appeared as a witness at the hearing on behalf of the Public Employer. Mr. Gipson interposed no objection to the hearing being conducted at the hearing. Insofar as the letter constitutes a motion to the undersigned requesting a continued hearing, the request is denied. The Public Employer, through its Assistant Superintendent of Personnel and Instructional Support responded to the letter with a letter dated September 29, 1975.

FINDINGS OF FACT

1. The Public Employer filed a petition for determination of managerial and confidential employees with PERC on February 21, 1975. The job positions for which managerial or confidential status is requested, and the persons who occupy the positions are set out in the petition. The petition was presented to the Public Employee Relations Commission on May 8, 1975. The hearing in this case was scheduled by notice dated August 1, 1975.

   
   

2. The Public Employer recognized the MCEA as the exclusive bargaining agent of instructional personnel employed by the Public Employer prior to the instant petition being filed. A contract between the Public Employer and MCEA was signed on August 26, 1975, and was received in evidence at the hearing as Public Employer's Exhibit 5.

   
   

3. The Public Employer's evidence respecting the responsibilities, duties, and day-to-day activities of the persons who occupy the positions for which

   managerial or confidential status is being sought was received primarily in the form of job descriptions, and a chart showing the functions of each position which justify managerial or confidential status as perceived by the Public Employer. The job descriptions were received in evidence as Public Employer's Exhibit 2. The chart was received in evidence as Public Employer's Exhibit 3. The job descriptions accurately describe the duties, responsibilities, and day- to-day activities of each position. If the persons who occupy the positions are not performing their duties in accordance with the descriptions, then they are performing their duties improperly. It is likely that if the jobs were being performed contrary to the descriptions, this fact would be known to the Superintendent. The positions for which managerial or confidential status is being sought are described in Public Employer's Exhibit 2 beginning at the following indicated page: the Assistant Superintendent for Service at page 27, the Assistant Superintendent for Instruction at page 5, the Assistant Superintendent for Business Affairs at page 32, the Director of Personnel at page 24, the Director of Instructional Support and People Personnel Services at page 20, the Director of Adult Education at page 17, the Director of Exceptional Child and Special Services at page 13, the Director of Federal Programs at page 22, the Director of Career Education at page 16, the Director of Secondary Education at page 7, the Director of Elementary Education at page 9, the Director of Vocational Education at page 15, the Director of Community Manpower Programs at page 18, the Director of Planning and Research at page 14, the Maintenance Supervisor at page 28, the Transportation Supervisor at page 29, the Supervisor of Custodial Services at page 30, the Food Service Supervisor at page 34, the High School Principal at page 8a, the Middle School Principals at page 8f, the Elementary School Principals at page 11, the Assistant High School Principals at page 8c, the Assistant Middle School Principals at page 8h, the High School Department Heads at page 8d, the Curriculum Coordinators at page 8i and 12a, the Helping Teacher at page 12c.

   
   

4. The references in the chart which was received as Public Employer's Exhibit 3 are to paragraphs in the job descriptions set out in Public Employer's Exhibit 2.

   
   

5. The Public Employer is seeking to implement what was described at the hearing as a "team management system" in order to accomplish management a baser level. Under this system Principals, Assistant Principals, and department Heads would take on increased management functions. Principals are expected to initiate action respecting policy changes which they consider appropriate. The School Board, the Public Employer's legislative body, is ultimately responsible for adopting policy. The School Board typically adopts policies based upon the recommendations of the elected Superintendent, the Public Employer's chief executive officer. The Principal's recommendations respecting policy, especially policy which would be applicable primarily in the Principal's school are given great weight. One recent policy making decision in which a principal played a part involved parking at Martin County High school. The school Principal advised the superintendent of a need for a change in rules and regulations respecting parking. The principal went before the Board to describe the problem, and the Board directed the Principal and the Assistant Superintendent for Service to write a new policy for the Board's consideration. This policy was formulated primarily by the school Principal and was presented to the superintendent. The superintendent presented the policy to the School Board and recommended its adoption. The School Board adopted the policy without amendment.

   
   

6. There are ten Principals employed by the Public Employer. There are one High School Principal, three Middle School Principals, and six Elementary

   School Principals. The High School Principal, one Middle School Principal and one Elementary School Principal were appointed by the Public Employer to the team which negotiated a contract with the MCEA. Under the agreement that has been signed by the Public Employer and by the MCEA, the Principal is charged with administering the agreement within his or her school. The Principal takes on a primary responsibility in the grievance procedure established in the agreement.

   
   

7. The Principal is primarily responsible for making determinations respecting hiring and firing of personnel employed at his or her school. The Principal does not have the absolute authority to hire or fire personnel. The Principal makes recommendations to the superintendent, who in turn makes recommendations to the School Board. The School Board has the ultimate authority. In Martin County the Principals' recommendations respecting hiring and firing are followed, possibly without exception. The Principal is responsible for evaluating the personnel employed at his or her school. The evaluation is done on a form that has been adopted by the School Board. The evaluation goes into the employee's personnel file, and becomes a part of the employee's permanent employment record.

   
   

8. The Public Employer's system for formulating and administering its budget is somewhat decentralized. Money is budgeted to a school based on the number of students. The school budget, which does not include expenditures for salaries or capital improvements, is prepared by the Principal. The Principal's budget is for all school supplies including textbooks. The central administration reviews the Principal's budget and would have authority to change items that were out of line. The budget ultimately adopted by the School Board actually reflects ten separate school budgets. The Principal has no control over the amount of money that will be budgeted to his or her school, but the Principal does have considerable latitude in setting the budget priorities for his or her school. Once the budget is adopted, the Principal has the authority to make expenditures based upon the budget. The Principal signs all purchase requisitions emanating from his or her school.

   
   

9. The duties of Assistant Principals vary among the schools in Martin County, depending in part upon the responsibilities which are delegated by the Principal to the Assistant Principal. Virtually any of the Principal's responsibilities can be delegated by the Principal to the Assistant Principal, although ultimate responsibility would remain with the Principal. Generally Assistant Principals are charged with establishing schedules, and assigning teachers. The witness Clara Bevis Fulton is presently Principal at Martin County High School. She was previously Assistant Principal. As Assistant Principal she would hold initial interviews with job applicants. If the applicant appeared satisfactory she would call in the Department Head in the area in which the applicant works and would check the applicant's references. She would evaluate the teachers based on information given to her by Department Heads, and based upon her own classroom visits. She made recommendations to the Principal respecting hiring and firing. The Principal's budget responsibilities were handled by Mrs. Fulton while she was Assistant Principal at Martin County High School.

   
   

10. There are six Department Heads employed by the Public Employer. All of the Department heads work at Martin County High School. The Department Heads typically spend approximately 4/5 of their time as classroom teachers, and the remaining time fulfilling administrative duties. The Director of Guidance, who is classified as a Department Head, spends more than half of his time on administrative duties. Department Heads are paid on a management pay scale

    rather than on a teacher's pay scale. The opinions of the Department Heads respecting new employees and old employees are solicited by the Principal or Assistant Principals. The Department Heads give considerable input into teacher evaluations. Department Heads serve as the first step in the grievance procedure adopted in the collective bargaining contract that has been signed by the Public Employer and by the MCEA. The School Superintendent refers to Department Heads as the front line of management. The Principal or Assistant Principals seek information from the Department Heads respecting the budgetary needs of their department. This information would primarily amount to an explanation of the coming year's needs in relation to the past year. This budget information relates to supplies and textbooks, not to salaries.

    
    

11. The primary function of Curriculum Coordinators is to plan and administer a school's curriculum. The Curriculum Coordinator plays a role in evaluating teachers by forwarding information to the Principal or Assistant Principals. Information is sought from the curriculum Coordinators respecting budgetary needs, especially from the perspective of the priority of conflicting needs. The Curriculum Coordinator has no classroom duties.

ENTERED this 16 day of January, 1976, in Tallahassee, Florida.

G. STEVEN PFEIFFER Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida

COPIES FURNISHED:

All parties of record

Docket for Case No: 75-001126

Orders for Case No: 75-001126