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Reduction in Force Procedural Directive

The superintendent has the right to determine if it is in the best interest of the district for Albuquerque Public Schools to reduce its work force.  This decision shall be made after consultation with the leadership team.  The superintendent, in consultation with the leadership team, executive director of Human Resources and director of Staffing and Employee Relations, shall identify the number and type of positions that will need to be reduced to reach necessary and/or appropriate levels of personnel.

If a reduction in force is deemed necessary and/or appropriate, the superintendent may accomplish a reduction in force through attrition.  The superintendent may accomplish a reduction in force by not renewing contracts of employees hired as a short-term employee.  All individuals hired as a short-term employee shall be notified of this provision upon signing their contract with Albuquerque Public Schools.  The superintendent may identify other district personnel/positions to be reduced.

The superintendent shall comply with all provisions in any and all negotiated agreements.  The requirements and procedures outlined in those negotiated agreements shall be followed when initiating a reduction in force that affects employees participating in and protected by a negotiated agreement.  Personnel participating in and protected by negotiated agreements include:

  • Certified school staff, excluding principals and assistant principals
  • Educational assistants
  • Maintenance and Operations personnel/custodians
  • Secretaries/clerks
  • Food Services personnel
  • Educational Police Officers

The superintendent may terminate or discharge employees who do not participate in or are not protected by a negotiated agreement through the following process and conditions:

  • District department directors/principals shall select positions/personnel to recommend for termination or discharge.  The department director and/or principal shall use the following criteria, in no particular order, to select these positions/personnel:
    • Employees who have had a contract with Albuquerque Public Schools for less than three (3) years
    • Employee seniority
    • Employee skill set
    • Affirmative action goals
  • Department directors/principals shall consult with their supervisor and obtain their approval before any final termination or discharge recommendations are made.  Department directors/principals shall not disclose any information of recommendations to their employees at this point.
  • Department directors/principals shall notify the director of Staffing and Employee Relations of the recommendation to terminate or discharge an employee.  Notification shall include:
    • Employee name
    • Employee identification number
    • A rationale for the selection of that particular employee
    • Any relevant documentation as deemed necessary by the department director/principal
    • Additional documentation at the request of director of Staffing and Employee Relations
  • Department directors/principals may alert affected employees of any recommendations made for termination or discharge that may affect their position.  Human Resources shall be the only department authorized to notify the employee of a final decision to terminate or discharge no less than fourteen (14) days prior to the effective date of termination or discharge.
  • Human Resources shall report any notice of intent to terminate or discharge an employee to the superintendent, or his/her designee, prior to the effective date of termination or discharge.

The superintendent, when in the best interest of the district, has the right to operate outside of the above process and conditions at his/her discretion.  In such a case, the superintendent shall comply with applicable district policies, procedural directives and agreement regarding personnel, including equal employment. 

The superintendent shall consult with and notify the Board of Education before any final decision is made regarding a reduction in force.

Administrative Position: Executive Director of Human Resources

Department Director: Director of Staffing and Employee Relations/Director of Labor Relations

References

Legal Cross Ref.:

  • §22-10A-22 NMSA 1978
  • §22-10A-24 NMSA 1978
  • §22-10A-25 NMSA 1978
  • §22-10A-27 NMSA 1978
  • §22-10A-28 NMSA 1978

Board Policy Cross Ref.: G.19 District Personnel Reduction in Force

Procedural Directive Cross Ref.: 

  • Negotiated Agreements (available on the Labor Relations website): 
    • Negotiated Agreement between the Albuquerque Municipal School District Number 12 and the Albuquerque Teachers Federation

  • Negotiated Agreement between the Albuquerque Municipal School District Number 12 and the Albuquerque Educational Assistants Association AFT New Mexico/AFL-CIO
  • Negotiated Agreement between the Albuquerque Municipal School District Number 12 and the Educational Police Officers Association
  • Negotiated Agreement between the Board of Education of the Albuquerque Municipal School District Number 12 and the Communications Workers of America Maintenance and Operations Bargaining Unit
  • Negotiated Agreement between the Board of Education of the Albuquerque Municipal School District Number 12 and the Communications Workers of America Food Services Unit
  • Negotiated Agreement between the Albuquerque Municipal School District Number 12 and the Albuquerque Secretarial/Clerical Association

NSBA/NEPN Classification: GCQ, GDQ

Introduced: May 7, 2010
Approved: May 14, 2010

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