A Past Cactus Practice

Christian Alberto Ledesma

University of Minnesota
OLPD 5348: Leaders of Human Resources Administration
Facts

The parents called me and want a paraprofessional fired for showing

pornographic pictures and want it reported to the police.
The paraprofessional showed an 11 year old a picture of a man straddling
a cactus.

Hint: Be careful what you Google on MPS

computers...
The Interview
The paraprofessional claims staff always share pictures like that and no
one ever told them they couldnt.

The paraprofessional said that she printed the picture off her email and
that she used the school computer and printer.

She claims that staff do this all the time.

The Aftermath
I wrote a letter reprimanding the paraprofessional.
The Union grieves the letter saying this was past practice.
The Union also says the District never told employees they couldnt do
this.
The Union claims that children are exposed to far worse and that we are
using the employee as a scapegoat and using her as an example.
What would you do?
Union Grievance - ESP Contract
Step 1: a. The employee will informally discuss the grievance with her/his
principal or immediate supervisor. b. If the grievance is not resolved at the time
of the Step la informal discussion, it shall be reduced to writing and submitted to
the Employee Relations Department with a copy to the principal or supervisor.
The written grievance shall set forth the nature of the grievance, the specific facts
giving rise to the grievance, the specific provisions of this Agreement allegedly
violated, and the specific remedy sought. The written grievance must be
submitted within twenty (20) working days after the event-giving rise to the
grievance. c. Within five (5) workdays after submission of the written
grievance, the Employee Relations Department shall answer the grievance
in writing. 58 24.3.2 Step 2: a. If the grievance has not been resolved within ten
(10) workdays of the Employee Relations Department answer, the union may
request a meeting to discuss the grievance.
 Union: Making para an
example.

Employee Privacy

Letter in file is only between

me, HR, and the employee.
 Union: Others do worse!

Relative Privation
Description: Trying to make a scenario appear better or worse by comparing it
to the best or worst case scenario.
The Aftermath
I wrote a letter reprimanding the paraprofessional.
The Union grieves the letter saying this was past practice.
The Union also says the District never told employees they couldnt do
this.
The Union claims that children are exposed to far worse and that we are
using the employee as a scapegoat and using her as an example.
MPS Regulation 3004
Union: The District never
said they couldnt

Employee Use of District Property

B. Employees are responsible for the care, appropriate use and security of
equipment and material provided for the performance of his or her duties.

1. Employees shall use equipment and material assigned to them for the
purposes for which the equipment or material has been assigned.
MPS Policy 6415
Internet and Educational Network Use
B. Students and Staff are expected to use the Internet to further educational
and personal goals consistent with the mission of the District and its policies.
Uses which might be acceptable on a users private, personal account on
another system may not be acceptable on the Districts limited purpose
network. Appropriate uses include, but are not limited to

C. Use of the District system and access to the use of the Internet in school are
privileges, not a right. Misuse of the system will subject the actor to discipline
which will depend on the nature and degree of the violation and the number
of previous violations. Discipline of employees for misuse shall follow district
processes for progressive employee discipline, up to and including
termination.
MPS Policy 6415
Internet and Educational Network Use, continued.
L. By authorizing the use of the District system, the District does not relinquish
control over materials on the system or contained in the files on the system.
Users should expect only limited privacy in the contents of personal files on
the District system.

5. District employees and other staff should be aware that the District
retains the right at any time to investigate or review the contents of their
files and e-mail files. District employees and other staff should be aware
that data and other materials in files maintained on the District system
may be subject to review, disclosure or discovery under the Minnesota
Government Data Practices Act.
The Aftermath
I wrote a letter reprimanding the paraprofessional.
The Union grieves the letter saying this was past practice.
The Union also says the District never told employees they couldnt do
this.
The Union claims that children are exposed to far worse and that we are
using the employee as a scapegoat.
Past Practice

A past practice is any longstanding, frequent practice that is

accepted and known by both union and management.
The Aftermath
I wrote a letter reprimanding the paraprofessional.
The Union grieves the letter saying this was past practice.
The Union also says the District never told employees they couldnt do
this.
The Union claims that children are exposed to far worse and that we are
using the employee as a scapegoat.
Call General Counsel
One more thing...
Talk to the parents.

I understand youre upset

This type of behavior is unacceptable

I have investigated and para is being disciplined

I assure you this will not happen again

Thank you