Section 4-205(c) administrative appeals are cases that challenge a decision of the CEO or her designee that affect employee rights that are not covered by the Teacher Agreement or the PSRP Agreement. For example, an appeal of an evaluation rating, non-renewals, or teacher certification matters are Section 4-205(c) appeals.
Recently, the Board of School Commissioners amended its policy with regard to the filing of Section 4-205(c) appeals. It now requires that all evidence that is available to support the appeal must be submitted when the appeal is filed. Document evidence, which would include email chains, letters, memos, etc., must be submitted with the appeal. Also, the facts that support the appeal must be set forth in an affidavit which must be submitted with the appeal.
By law, Section 4-205(c) appeals must be filed no later than 30 days after the CEO or her designee issues a decision.
In order to efficiently and effectively represent bargaining unit members, the BTU now requires that the following conditions be met by bargaining unit members for the BTU to file a Section 4-205(c) appeal on their behalf.
EFFECTIVE IMMEDIATELY:
· The bargaining unit member/appellant requesting a Section 4-205(c) appeal must contact and meet with a BTU Field Representative no less than 14 days before the filing deadline and provide
o Sufficient information and facts to support a sworn affidavit
o Names and contact information for all witnesses
o All documents that support the appeal.
· If the bargaining unit member/appellant contacts their BTU Field Representative fewer than 14 days before the filing deadline, they must request that the Union President make an exception for them.
EXAMPLE:
A teacher receives notice from the Certification Office on June 8 that her submissions do not qualify her for renewal of her APC and that she must come into the Office to sign a provisional contract for the next year, or a teacher or a PSRP receive a unsatisfactory or ineffective evaluation on June 8.
The June 8 notice from the Certification Office and evaluations issued on June 8 are decisions of a designee of the CEO that affects job security, so it can be appealed under Section 4-205(c).
The appeal must be filed within 30 days of June 8.
That means the appeal must be filed by no later than July 8.
The appellant must contact their BTU Field Representative and meet with them by no later than June 22 and present them with:
o Sufficient information and facts to support a sworn affidavit
o Names and contact information for all witnesses
o All documents that support the appeal.
Please contact your Field Representative if you have any questions or concerns.