Shopping Cart
Your Cart is Empty
Quantity:
Subtotal
Taxes
Shipping
Total
There was an error with PayPalClick here to try again
CelebrateThank you for your business!You should be receiving an order confirmation from Paypal shortly.Exit Shopping Cart

California School Fiscal Services

Providing comprehensive business office and consulting services to K-12 traditional schools and charters

Blog

Blog

Important Case Decision flies under the radar while we were focused on Vergara, -- could drastically impact school district employee evaluations- Author: Jackie McHaney

Posted on August 1, 2014 at 2:25 PM

With all of our attention recently focused on the outcome of the Vergara decision, the recent Court of Appeal decision in Poole v. Orange County Fire Authority (2013) 221 Cal.App.4th 155, flew so low under the radar that it almost went unnoticed.

 

In Poole, Steve Poole was a firefighter with the Orange County Fire Authority (Fire Authority) from 2008 to 2010. As part of the evaluation process, Poole’s supervisor had a practice of maintaining daily logs on a flash drive and in a folder kept at his desk, to enable him to refresh his memory and assist him in preparing written evaluations. Poole’s supervisor asserted that the daily logs included the recording of “any factual occurrence or occurrences that would aid … in writing a thorough and fair annual review.” In the case at bar, it was determined that Poole’s supervisor made over one hundred handwritten and computerized notes, which documented the efficiency of Poole as well as other firefighters in the department, in carrying out their duties. In 2009, Poole’s supervisor, relying largely on his daily logs to aid in the preparation of the written evaluation, issued Poole a substandard evaluation because his “work habits, personal relations, adaptability, and progress were unsatisfactory.” As a result of this substandard evaluation, Poole was placed on a performance improvement plan.

 

Unsatisfied with his substandard evaluation, Poole (with the assistance of his union) sought copies of the daily logs, which included more than 100 entries regarding Poole, many of which described areas in need of improvement. Poole was provided copies of these documents. Upon receipt of these documents, Poole requested that all adverse comments in the daily logs be removed because he never had any opportunity to respond prior to their use for personnel purposes in his performance evaluation and subsequent improvement plan. The Fire Authority refused to remove the comments, contending that, even though the notes were for personnel purposes, they were never “entered” into any file used for personnel purposes. Rather, the Fire Authority contended that Poole had the opportunity to respond to the comments in the evaluation, which would be placed in the personnel file.

 

Poole lost at the trial court level. The trial court denied the petition, likening the daily logs to “post-it” notes that were intended to remind the supervisor of events when he prepared the annual performance evaluation. The trial court also pointed out that the parties conceded that if Poole’s supervisor had written Poole’s annual performance evaluation from his memory and not based on written recollections in the daily logs, there would have been no lawsuit. The trial court therefore concluded the daily logs were not part of the personnel file and Poole had no right to respond to the adverse comments. Poole and the union appealed the trial court decision.

 

On appeal, Poole and his union asked the court to order all adverse comments to be deleted from the daily logs pursuant to a provision of the Firefighters Procedural Bill of Rights Act (FBOR) that provides that adverse comments shall not be entered into a personnel file “or any other file used for any personnel purposes by his or her employer, without the firefighter having first read and signed the instrument containing the adverse comment indicating he or she is aware of the comment . . .” (Gov. Code, § 3255.) Obviously, the purpose of this request is to eliminate the ability of the Fire Authority to rely on these prior acts as a factual basis for the substandard performance evaluation and placement on the improvement plan.

 

In its review, the Court of Appeal relied heavily on an old California Supreme Court case, Miller v. Chico Unified School District, which interpreted an Education Code section regarding a teacher’s right to review and comment on information of a “derogatory nature” before placed in their personnel file. In Miller v. Chico Unified School District (1979) 24 Cal.3d 703, a school principal had been reassigned to a classroom position after the district’s governing board reviewed 20 (twenty) confidential memoranda prepared by an Associate Superintendent that the principal was unaware of. The California Supreme Court in Miller ultimately ordered the principal to be reinstated to his administrative position because the principal was not provided the opportunity to review or comment on the memoranda even though the district’s governing board made its decision based on these documents.

 

The Court held that the interpretation of the Education Code in the Miller decision should be applied to sections 3255 and 3256 of the FBOR. It noted that Poole’s supervisor’s daily logs were used for making personnel decisions and affected Poole’s employment status. Poole received a substandard annual performance evaluation and placed on an improvement plan, based upon the information maintained in the daily logs. (This of course discounts any independent recollection the supervisor may have had). The Court concluded that the FBOR was violated because the daily logs were used for personnel purposes. The Court noted that the FBOR’s right to respond to adverse comments that may affect personnel decisions “is frustrated when the firefighter’s supervisor maintains a daily log containing adverse comments that may reach as far back as the day after the firefighter’s last yearly evaluation and the adverse comments are not revealed to the firefighter until the next yearly review, at which point the firefighter may respond to adverse comments in that review.”

 

On February 26, 2014, the California Supreme Court granted a petition to review the recent Court of Appeal decision. It is important to understand, however, that if the Poole decision is upheld by the California Supreme Court, it will be problematic for school districts because many supervisors rely on informal notes compiled during an evaluation period to complete a thorough and accurate annual evaluation at the end of the year. Such a ruling will: (a) prohibit a supervisor from keeping or maintaining any negative notes or comments or documents regarding an employee unless the employee was provided a prompt opportunity to review and comment upon each separate note or comment; and (b) will require supervisors to start documenting every incident deemed worthy of consideration for inclusion in an evaluation, provide each employee with a separate comment or note and an opportunity to respond to it, and then place all of these documents into their personnel file – which we know employees will not respond well too.

 

Hopefully, the Supreme Court will conclude that an individual negative note or comment kept in an employee’s pending evaluation file and kept solely for the purposes of aiding in recollection to ensure accuracy in the preparation of the annual evaluation does not trigger a separate due process requirement. In the alternative, we could add “Photographic” or ‘Eidetic” memory to the list of qualifications required for supervisors, if our only alternatives are to prepare evaluations solely from memory or increase our file cabinet budget because of the size our personnel files will need to be now to accommodate the additional documentation the Poole decision may end up requiring be maintained in the personnel file, in addition to the evaluation document that essentially summarizes the same.

 

Welcome back to the new school year!

 

Categories: Lawsuits, Leadership

Post a Comment

Oops!

Oops, you forgot something.

Oops!

The words you entered did not match the given text. Please try again.

17573 Comments

Reply DarrylNoG
7:00 PM on December 8, 2022 
buy brand propecia online yasmin pill price in south africa disulfiram cost in us purchase provigil from canada trazodone canada brand bupropion otc canada cafergot tablet flagyl pills price
Reply ??????°¥¬???????
6:26 PM on December 8, 2022 
Garment Tags https://www.markingmachineaixin.nl/blog/community-invited-to-shop
-in-bucks-county-playhouse-costume/
Plastic Waterproof Junction Box https://www.ruidafengcase.com/plastic-waterproof-junction-box.htm
l
??????�]��??????? https://milom0vp0.ttblogs.com/19377789/????�]��???-secrets
Reply SamuelPyday
3:29 PM on December 8, 2022 
citalopram hbr tabs
Reply Geraldvox
3:27 AM on December 8, 2022 
?????? ????? ????? ?????? 5470 512??????. ???????? ?????? ???????. ???? ??????????? ??????
Reply chietly
8:53 PM on December 7, 2022 
Paying attention to intersectional specificities in cancer patient narratives has allowed us to identify several distinct biographical modes of self knowledge that play a major role in how LGBQ T2 cancer patients experience and resist biomedical modes of cancer treatment decision making is sildenafil 20 mg the same as viagra
Reply yeezy
5:03 PM on December 7, 2022 
I want to express some thanks to the writer just for rescuing me from such a issue. Right after researching throughout the world wide web and seeing notions which were not beneficial, I believed my life was well over. Existing minus the answers to the issues you've fixed by way of the article content is a critical case, as well as ones which might have negatively damaged my entire career if I hadn't come across your web site. Your own personal talents and kindness in taking care of a lot of stuff was invaluable. I'm not sure what I would've done if I had not come across such a point like this. I'm able to at this moment relish my future. Thanks very much for the professional and amazing guide. I won't think twice to refer the blog to any individual who will need care about this topic.
yeezy http://www.shoes-yeezy.us
Reply jordan sneakers
5:02 PM on December 7, 2022 
My wife and i got quite joyful when Raymond managed to deal with his researching using the ideas he was given out of the web pages. It's not at all simplistic just to always be releasing steps that other people may have been making money from. And we also realize we now have the website owner to thank because of that. Those illustrations you've made, the easy blog menu, the friendships you give support to foster - it is everything remarkable, and it is helping our son in addition to us do think the subject is excellent, and that's quite important. Many thanks for the whole thing!
jordan sneakers http://www.jordanssneakers.us.com
Reply off white outlet
5:01 PM on December 7, 2022 
Thanks for all your effort on this website. My mum enjoys working on investigations and it is simple to grasp why. A lot of people know all of the dynamic tactic you create vital tips and tricks via your web blog and in addition cause participation from people on this subject so my child is understanding a great deal. Have fun with the remaining portion of the year. You are doing a good job.
off white outlet http://www.offwhitesonline.com
Reply ¥ë¥¤¥ô¥£¥È¥óØ?²¼¥³¥Ô©`
8:33 AM on December 7, 2022 
Drone Camera Gimbal https://www.gardenzzshop.com/blog/10-best-gas-powered-drones-2022
-top-gasoline-quadcopters/
Photovoltaic mesh belt https://www.wm-belt.com/photovoltaic-mesh-belt.html
�?�����?�?�����?` https://zandert3bu2.widblog.com/68766631/how-much-you-need-to-exp
ect-you-ll-pay-for-a-good-�?-�����?�?�����?`
Reply Tedjeaky
8:30 AM on December 7, 2022 
6 clonidine
Reply Qaesomo
6:12 AM on December 7, 2022 
Drug information for patients. Effects of Drug Abuse.
what is aripiprazole 10 mg
https://avodart24.top/ abilify
Upper crust word upon medication. Get here.
Reply Construction
2:39 AM on December 7, 2022 
Scrap Metal Recycling Line https://www.reformer-tech.com/scrap-metal-recycling-line.html
�?�����?�?�����?`�������� https://holdenr2yw3.howeweb.com/18618774/a-secret-weapon-for-�?-�
����????`?��
Construction http://www.hightopack.com/blog/update-details-emerge-on-lane-s-te
rmination-of-all/
Reply yeezys
10:34 AM on December 6, 2022 
My wife and i were quite ecstatic John managed to conclude his homework through the entire precious recommendations he received when using the web page. It's not at all simplistic just to be giving for free information and facts that many the rest could have been trying to sell. So we keep in mind we've got the website owner to appreciate for this. The specific explanations you made, the simple blog navigation, the relationships you can aid to create - it's mostly spectacular, and it's facilitating our son and us imagine that the content is exciting, and that is truly vital. Many thanks for the whole lot!
yeezys http://www.yeezy-shoes.us.org
Reply kd 12
10:34 AM on December 6, 2022 
I in addition to my friends ended up checking out the best tips from your website and immediately came up with an awful feeling I never expressed respect to the website owner for those strategies. My young boys were definitely as a result stimulated to see them and already have seriously been having fun with these things. Many thanks for being really kind as well as for having some fantastic subjects millions of individuals are really desirous to know about. My very own sincere apologies for not expressing appreciation to sooner.
kd 12 http://www.kd12.org
Reply off white clothing
10:34 AM on December 6, 2022 
My husband and i were really joyous that Ervin managed to deal with his analysis through your ideas he discovered in your web pages. It is now and again perplexing to simply choose to be releasing methods other people might have been selling. And now we keep in mind we have got the writer to thank for that. The illustrations you made, the easy web site navigation, the friendships your site assist to engender - it's many exceptional, and it's letting our son and us do think that concept is satisfying, which is certainly truly vital. Many thanks for all!
off white clothing http://www.off-whiteclothing.us.com
Reply curry shoes
10:33 AM on December 6, 2022 
I simply wished to thank you so much again. I do not know what I would have undertaken in the absence of the pointers provided by you relating to this question. It actually was an absolute traumatic case for me, however , being able to see the very specialized avenue you resolved the issue made me to cry for happiness. Now i am happy for this guidance and as well , trust you are aware of an amazing job you are always undertaking instructing most people through the use of your website. Probably you've never met all of us.
curry shoes http://www.curry-shoes.net
Reply Piillit
10:24 AM on December 6, 2022 
Q: What are the top 10 reasons for erectile dysfunction?
A: where to get viagra near me Actual almost drugs. Read here.
Erectile dysfunction can be a weighty of cuckoldry but could also be a evolve of earthly or phycological factors. It's weighty to encourage your partner to circulate better next to either a counsellor or doctor. If Apostasy occurs this doesn't always mean that there is something wrong in the relationship. https://sildenafilhim.com
Reply Davisgag
6:56 AM on December 6, 2022 
buy sertraline online
Reply Fibre Mesh Roll
2:23 AM on December 6, 2022 
�?�����?�?�����`�?`���?` https://jolener382bxr1.blog4youth.com/profile
Polystyrene Cutting Machine https://www.ps-epsmachine.com/polystyrene-cutting-machine.html
Fibre Mesh Roll https://www.wdmedicshop.it/blog/if-one-skis-and-the-other-snowboa
rds-can-a/
Reply Geraldvox
11:50 PM on December 5, 2022 
?????? ??????? ??????