Interview with Billy Curl, Asst. Superintendent Port Neches Groves ISD

Mr. Curl spoke about grievance processes and issues.

One thing to remember is that being legally right doesn’t mean you will prevail in grievances. As elected officials, Board members are charged with making decisions based upon the evidence presented. The analogy of the fire tower ranger comes to mind. The Board members don't put out the fires that they spot, but they alert the District that there is smoke. Some laws and policies use the word "shall" and others use the word "may". It's possible to argue that the law or policy does not require that a specific relief be granted, but the Board may choose to grant relief that although is not required is permitted. He also said that everyone that deals with grievances should read The Godfather. Administrators need to understand two quotes the book, "It's not personal... It's strictly business". If you don't prevail in a grievance, don't take it personally. Review your documentation, review your procedures. Evaluate if there is anything you could-or should- have done differently. In the end, remember that the Board makes its decision on the evidence presented-and it's not personal-it's strictly business. The second quote, "This is the business we've chosen." Remember, you applied for this job. Some of the issues we deal with are unpleasant, but we took the job knowing there would be unpleasant aspects we would have to deal with. Another book to read is The Prince by Machiavelli. The Prince approach to leadership is very much a top-down model of leadership. It crushes opposition. Administrators are sometimes accused of being "Machiavellian". By reading The Prince the administrator can determine the validity of the criticism. Mr. Curl doesn't want to leave the impression that he is recommending the leadership style of Machiavelli, rather-understand the criticism and avoid that type of leadership.

Boards can do one of three things when ruling on a grievance:
1. Uphold administration,
2. Grant relief sought by the grievant,
3. Do something else (grant partial relief, compromise, take no action)

Policy requires the grievant must submit all documentation by the Level 1 conference unless they were unaware of the information. Level 1 complaints are not usually recorded. Make sure you document the day you receive the grievance and make a working copy for yourself. The original will be part of the record. Strictly adhere to the timeline. If there is an exception to the timelines in the policy, it must be mutually agreed to. Be sure to document the agreement.

At Level 2, Mr. Curl discovered quickly to set a time limit to hear complaints, 30 minutes is ideal. Level 2 is recorded on occasion, depending on the issues involved. He generally uses a template to record the details when listening to the complaint. A grievance decision is not dependent on "Is this what I would have done?", but more often "Is this permissible under the Board Policy and the Law?"

By policy, decisions at both Levels 1 and 2 must be written. When writing the decision, one must be aware that the audience for the decision is potentially much broader than the greivant alone. Because the decisions are maintained as a part of the record and subject to appeal, the decisions may also be read by the Board of Trustees, the Commissioner of Education, a District Court Judge, and at times, on the front page of the newspaper.

When the Level 2 decisions are appealed to the Board of Trustees for a Level 3 grievance, the grievant gets copies of the Level 1 and 2 decisions. The Level 2 decision contains a summary of the complaint, the investigation, the findings of fact, the policy, the response to the relief requested, and the procedures for further action.

Level 3 grievances are not a pleasant part of a Board member's duties because people are not happy and if it is an employee, it frequently involves pay or work conditions. Some years there are more parent/student complaints and some years there are more employee complaints. If a grievant is not satisfied with the Level 2 written response, that decision may be appealed to the Board of Trustees. Before hearing a Level 3 grievance, each board member must determine if he/she can hear the appeal or if a conflict of interest exists. If there is a conflict of interest, the Board Member recuses himself/herself. The Level 3 procedure begins with the Board reviewing the written documentation of the grievance in closed session. Neither the administration nor the grievant is present at this review. The Board can determine that the grievance does not merit a hearing. [Note the in the Legal policies of FNG and DGBA and GF, the Board is not required to negotiate or respond to a grievance.] Legally, the board is required to "stop, look, and listen". The Board can also determine to formally hear the grievance. The decision is made in open session of the Board meeting. If the Board chooses to hear the grievance, they will inform the grievant and administration of the meeting time when the grievance will be heard at Level 3. If the grievance is heard at Level 3, the Board may only consider the evidence in the written record considered in closed session. Typically at a Level 3 conference each side (grievant and administration) are allowed 15 minutes (including rebuttal) to present their respective sides of the issue. Board members may then ask additional questoins. The Board deliberates and then makes its decision in open session. If the grievant is dissatisfied with the decision of the Board, alternatives may include an appeal before the Comissioner of Education or litigation.

The district looks at changing policy when the state legislature changes law or when the District desires to change a local policy. PNGISD subscribes to TASB. They have access to their own representative who advises them on the language and points out potential problem areas. They also get stakeholders input when changing policy especially as it relates to the employees, ie dress code. There is a first read, then a second read in about a month on the regular agenda.