Jordan seeks help from judge to prep for layoffs

Published: Friday, March 5 2010 12:00 a.m. MST

WEST JORDAN — In an effort to avoid potential lawsuits by employees, the Jordan School Board has asked a state district judge to rule on how to calculate seniority as the district prepares for layoffs.

The ruling on the petition will be up to 3rd District Judge Joseph Fratto.

District spokesman Steven Dunham said the school board suggested the idea of getting a judicial ruling to the Jordan Education Association (JEA), which represents teachers, and the Jordan Educational Support Professional Association (JESPA), which represents classified employees such as district office staffers, bus drivers, maintenance workers and administrative assistants.

Dunham said there has been a "lack of understanding" regarding the district's layoff policy.

He also said the district and leaders for the JEA and the JESPA have all agreed to abide by Fratto's ruling.

"We heard so many different rumors; that is why we decided to be proactive about it," Dunham said. "We looked at our own policy and got our own legal opinion, but we felt, based on what our lawyers said, that there still was potential for misinterpretation."

Dunham said the initial legal opinion the school board received states that reductions will be based on "district seniority on a school-by-school basis."

That was interpreted by district lawyers to mean that teachers with more years spent at one school cannot "bump" an employee with less seniority at another school, he said.

In addition, the three entities have agreed to regard the Jordan District's main office as a "school" since it has about 250 people working there who have teaching credentials and experience but who currently are not in a classroom. There were concerns about these individuals potentially bumping teachers from classrooms.

School board president Peggy Jo Kennett said, "We decided it would be in the best interest for all involved to get a court ruling so we can all have the same interpretation of that policy so there won't be legal actions."

Jordan District officials have asked for an expedited ruling and hope to have an answer within the next couple months.

The Jordan School District is facing a $30 million deficit due to the district split, state budget cuts and the slumping economy.

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