Policy 3.24

Investigations of Complaints Against School Board Personnel by School Board Members

1. This Policy shall not apply to personnel investigations initiated by the Superintendent pursuant to Fla. Stat. § 1012.33 or 1012.34 and School Board Policy 3.25.
2. In the event a School Board member desires to file a formal complaint concerning any employee, the complaint shall be in writing and forwarded to the attention of the Superintendent for review. The complaint will remain confidential pending investigation/resolution of the complaint.
3. The Superintendent/designee shall investigate the complaint. A statement shall be obtained from the complaining School Board member which shall be made a part of the investigative file.
4. The School Board member who files a complaint against an employee shall be prohibited from directing the investigation.
5. The Superintendent shall review all information received concerning the complaint and determine whether probable cause exists to recommend disciplinary action against the employee pursuant to School Board Policy 3.27.
6. If the Superintendent determines that there is no probable cause to seek disciplinary action against the employee, the Superintendent shall provide written notice of this determination to the employee, with a copy to the complaining School Board member.
7. If the Superintendent recommends disciplinary action against the employee, the School Board member who filed the complaint should determine whether he or she should abstain from voting on the recommendation due to a conflict of interest.
8. If the School Board member who files a complaint is dissatisfied with the disposition of the complaint taken by the Superintendent, the School Board member shall inform the remaining School Board members at the next regularly scheduled School Board meeting. The remaining School Board members, after being fully advised of the matter by the Superintendent and legal counsel, by majority vote, shall determine if they desire to request any additional action to be taken.
9. In the event the initial complaint by a School Board member is against the Superintendent, Chief Counsel, or District Auditor, the provisions of the respective contracts governing that person’s employment shall be followed.